US (United States) Code. Title 20. Chapter 70: Strengthening and improvement

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education Elementary and secondary schools

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-CITE-

20 USC CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF

ELEMENTARY AND SECONDARY SCHOOLS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

.

-HEAD-

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

-MISC1-

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Sec.

6301. Statement of purpose.

6302. Authorization of appropriations.

(a) Local educational agency grants.

(b) Reading first.

(c) Education of migratory children.

(d) Prevention and intervention programs for youth

who are neglected, delinquent, or at risk.

(e) Federal activities.

(f) Comprehensive school reform.

(g) Advanced placement.

(h) School dropout prevention.

(i) School improvement.

6303. School improvement.

(a) State reservations.

(b) Uses.

(c) Priority.

(d) Unused funds.

(e) Special rule.

(f) Reporting.

(g) Assistance for local school improvement.

6304. State administration.

(a) In general.

(b) Exception.

PART A - IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL

AGENCIES

SUBPART 1 - BASIC PROGRAM REQUIREMENTS

6311. State plans.

(a) Plans required.

(b) Academic standards, academic assessments, and

accountability.

(c) Other provisions to support teaching and

learning.

(d) Parental involvement.

(e) Peer review and Secretarial approval.

(f) Duration of the plan.

(g) Penalties.

(h) Reports.

(i) Privacy.

(j) Technical assistance.

(k) Voluntary partnerships.

(l) Construction.

(m) Special rule with respect to Bureau-funded

schools.

6312. Local educational agency plans.

(a) Plans required.

(b) Plan provisions.

(c) Assurances.

(d) Plan development and duration.

(e) State approval.

(f) Program responsibility.

(g) Parental notification.

6313. Eligible school attendance areas.

(a) Determination.

(b) Local educational agency discretion.

(c) Allocations.

6314. Schoolwide programs.

(a) Use of funds for schoolwide programs.

(b) Components of a schoolwide program.

(c) Prekindergarten program.

6315. Targeted assistance schools.

(a) In general.

(b) Eligible children.

(c) Components of a targeted assistance school

program.

(d) Integration of professional development.

(e) Special rules.

6316. Academic assessment and local educational agency and school

improvement.

(a) Local review.

(b) School improvement.

(c) State review and local educational agency

improvement.

(d) Construction.

(e) Supplemental educational services.

(f) Schools and LEAs previously identified for

improvement or corrective action.

(g) Schools funded by the Bureau of Indian Affairs.

(h) Other agencies.

6317. School support and recognition.

(a) System for support.

(b) State recognition.

(c) Funding.

6318. Parental involvement.

(a) Local educational agency policy.

(b) School parental involvement policy.

(c) Policy involvement.

(d) Shared responsibilities for high student academic

achievement.

(e) Building capacity for involvement.

(f) Accessibility.

(g) Information from parental information and

resource centers.

(h) Review.

6319. Qualifications for teachers and paraprofessionals.

(a) Teacher qualifications and measurable objectives.

(b) Reports.

(c) New paraprofessionals.

(d) Existing paraprofessionals.

(e) Exceptions for translation and parental

involvement activities.

(f) General requirement for all paraprofessionals.

(g) Duties of paraprofessionals.

(h) Use of funds.

(i) Verification of compliance.

(j) Combinations of funds.

(k) Special rule.

(l) Minimum expenditures.

6320. Participation of children enrolled in private schools.

(a) General requirement.

(b) Consultation.

(c) Allocation for equitable service to private

school students.

(d) Public control of funds.

(e) Standards for a bypass.

6321. Fiscal requirements.

(a) Maintenance of effort.

(b) Federal funds to supplement, not supplant,

non-Federal funds.

(c) Comparability of services.

(d) Exclusion of funds.

6322. Coordination requirements.

(a) In general.

(b) Activities.

(c) Coordination of regulations.

SUBPART 2 - ALLOCATIONS

6331. Grants for the outlying areas and the Secretary of the

Interior.

(a) Reservation of funds.

(b) Assistance to outlying areas.

(c) Definitions.

(d) Allotment to the Secretary of the Interior.

6332. Allocations to States.

(a) Allocation formula.

(b) Adjustments where necessitated by appropriations.

(c) Hold-harmless amounts.

(d) Ratable reductions.

(e) Definition.

6333. Basic grants to local educational agencies.

(a) Amount of grants.

(b) Minimum number of children to qualify.

(c) Children to be counted.

(d) State minimum.

6334. Concentration grants to local educational agencies.

(a) Eligibility for and amount of grants.

(b) Small States.

6335. Targeted grants to local educational agencies.

(a) Eligibility of local educational agencies.

(b) Grants for local educational agencies, the

District of Columbia, and the Commonwealth of

Puerto Rico.

(c) Weighted child count.

(d) Calculation of grant amounts.

(e) State minimum.

6336. Adequacy of funding of targeted grants to local educational

agencies in fiscal years after fiscal year 2001.

(a) Findings.

(b) Limitation on allocation of subchapter I funds

contingent on adequate funding of targeted

grants.

6337. Education finance incentive grant program.

(a) Grants.

(b) Distribution based upon fiscal effort and equity.

(c) Use of funds; eligibility of local educational

agencies.

(d) Allocation of funds to eligible local educational

agencies.

(e) Maintenance of effort.

(f) Authorization of appropriations.

(g) Adjustments where necessitated by appropriations.

6338. Special allocation procedures.

(a) Allocations for neglected children.

(b) Allocations among local educational agencies.

(c) Reallocation.

6339. Carryover and waiver.

(a) Limitation on carryover.

(b) Waiver.

(c) Exclusion.

PART B - STUDENT READING SKILLS IMPROVEMENT GRANTS

SUBPART 1 - READING FIRST

6361. Purposes.

6362. Formula grants to State educational agencies.

(a) In general.

(b) Determination of amount of allotments.

(c) Subgrants to local educational agencies.

(d) State uses of funds.

(e) Review.

(f) Funds not used for State level activities.

6363. State formula grant applications.

(a) Applications.

(b) Contents.

(c) Approval of applications.

(d) Reading and literacy partnerships.

6364. Targeted assistance grants.

(a) Eligibility criteria for awarding targeted

assistance grants to States.

(b) Continuation of performance awards.

(c) Distribution of targeted assistance grants.

(d) Subgrants to eligible local educational agencies.

6365. External evaluation.

(a) In general.

(b) Process.

(c) Analysis.

(d) Program improvement.

6366. National activities.

6367. Information dissemination.

(a) In general.

(b) Dissemination and coordination.

(c) Use of existing networks.

(d) National Institute for Literacy.

6368. Definitions.

SUBPART 2 - EARLY READING FIRST

6371. Purposes; definitions.

(a) Purposes.

(b) Definitions.

6372. Local early reading first grants.

(a) Program authorized.

(b) Applications.

(c) Approval of local applications.

(d) Authorized activities.

(e) Award amounts.

6373. Federal administration.

6374. Information dissemination.

6375. Reporting requirements.

6376. Evaluation.

(a) In general.

(b) Reports.

(c) Contents.

SUBPART 3 - WILLIAM F. GOODLING EVEN START FAMILY LITERACY PROGRAMS

6381. Statement of purpose.

6381a. Program authorized.

(a) Reservation for migrant programs, outlying Areas,

and Indian tribes.

(b) Reservation for Federal activities.

(c) Reservation for grants.

(d) State educational agency allocation.

(e) Definitions.

6381b. State educational agency programs.

(a) State educational agency level activities.

(b) Subgrants for local programs.

6381c. Uses of funds.

(a) In general.

(b) Federal share limitation.

(c) Use of funds for family literacy services.

6381d. Program elements.

6381e. Eligible participants.

(a) In general.

(b) Eligibility for certain other participants.

6381f. Applications.

(a) Submission.

(b) Required documentation.

(c) Plan.

(d) Consolidated application.

6381g. Award of subgrants.

(a) Selection process.

(b) Duration.

6381h. Evaluation.

6381i. Indicators of program quality.

6381j. Research.

(a) In general.

(b) Scientifically based research on family literacy.

(c) Dissemination.

6381k. Construction.

SUBPART 4 - IMPROVING LITERACY THROUGH SCHOOL LIBRARIES

6383. Improving literacy through school libraries.

(a) Purposes.

(b) Reservation.

(c) Grants.

(d) State grants.

(e) Direct competitive grants to eligible local

educational agencies.

(f) Applications.

(g) Local activities.

(h) Accountability and reporting.

(i) Supplement, not supplant.

(j) National activities.

PART C - EDUCATION OF MIGRATORY CHILDREN

6391. Program purpose.

6392. Program authorized.

6393. State allocations.

(a) State allocations.

(b) Allocation to Puerto Rico.

(c) Ratable reductions; reallocations.

(d) Consortium arrangements.

(e) Determining numbers of eligible children.

6394. State applications; services.

(a) Application required.

(b) Program information.

(c) Assurances.

(d) Priority for services.

(e) Continuation of services.

6395. Secretarial approval; peer review.

(a) Secretarial approval.

(b) Peer review.

6396. Comprehensive needs assessment and service-delivery plan;

authorized activities.

(a) Comprehensive plan.

(b) Authorized activities.

6397. Bypass.

6398. Coordination of migrant education activities.

(a) Improvement of coordination.

(b) Student records.

(c) Availability of funds.

(d) Incentive grants.

(e) Data collection.

6399. Definitions.

PART D - PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND

YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

6421. Purpose and program authorization.

(a) Purpose.

(b) Program authorized.

6422. Payments for programs under this part.

(a) Agency subgrants.

(b) Local subgrants.

SUBPART 1 - STATE AGENCY PROGRAMS

6431. Eligibility.

6432. Allocation of funds.

(a) Subgrants to State agencies.

(b) Subgrants to State agencies in Puerto Rico.

(c) Ratable reductions in case of insufficient

appropriations.

6433. State reallocation of funds.

6434. State plan and State agency applications.

(a) State plan.

(b) Secretarial approval and peer review.

(c) State agency applications.

6435. Use of funds.

(a) Uses.

(b) Supplement, not supplant.

6436. Institution-wide projects.

6437. Three-year programs or projects.

6438. Transition services.

(a) Transition services.

(b) Conduct of projects.

(c) Rule of construction.

6439. Evaluation; technical assistance; annual model program.

SUBPART 2 - LOCAL AGENCY PROGRAMS

6451. Purpose.

6452. Programs operated by local educational agencies.

(a) Local subgrants.

(b) Special rule.

(c) Notification.

(d) Transitional and academic services.

6453. Local educational agency applications.

6454. Uses of funds.

6455. Program requirements for correctional facilities receiving

funds under this section.

6456. Accountability.

SUBPART 3 - GENERAL PROVISIONS

6471. Program evaluations.

(a) Scope of evaluation.

(b) Exception.

(c) Evaluation measures.

(d) Evaluation results.

6472. Definitions.

PART E - NATIONAL ASSESSMENT OF SUBCHAPTER I

6491. Evaluations.

(a) National assessment of subchapter I.

(b) Studies and data collection.

(c) National longitudinal study.

(d) Independent Review Panel.

6492. Demonstrations of innovative practices.

(a) In general.

(b) Evaluation.

(c) Partnerships.

6493. Assessment evaluation.

(a) In general.

(b) Contract authorized.

(c) Study.

(d) Components of the research program.

(e) Reporting.

(f) Reservation of funds.

6494. Close Up fellowship program.

(a) Program for middle school and secondary school

students.

(b) Program for middle school and secondary school

teachers.

(c) Programs for new Americans.

(d) General provisions.

PART F - COMPREHENSIVE SCHOOL REFORM

6511. Purpose.

6512. Program authorization.

(a) Program authorized.

6513. State applications.

(a) In general.

(b) Contents.

6514. State use of funds.

(a) In general.

(b) Subgrant requirements.

(c) Priority.

(d) Grant consideration.

(e) Administrative costs.

(f) Supplement.

(g) Reporting.

6515. Local applications.

(a) In general.

(b) Contents.

6516. Local use of funds.

(a) Uses of funds.

(b) Special rule.

6517. Evaluation and reports.

(a) In general.

(b) Evaluation.

(c) Reports.

6518. Quality initiatives.

PART G - ADVANCED PLACEMENT PROGRAMS

6531. Short title.

6532. Purposes.

6533. Funding distribution rule.

6534. Advanced placement test fee program.

(a) Grants authorized.

(b) Award basis.

(c) Information dissemination.

(d) Applications.

(e) Regulations.

(f) Report.

(g) BIA as SEA.

6535. Advanced placement incentive program grants.

(a) Grants authorized.

(b) Application.

(c) Priority.

(d) Authorized activities.

(e) Contracts.

(f) Data collection and reporting.

6536. Supplement, not supplant.

6537. Definitions.

PART H - SCHOOL DROPOUT PREVENTION

6551. Short title.

6552. Purpose.

6553. Authorization of appropriations.

SUBPART 1 - COORDINATED NATIONAL STRATEGY

6555. National activities.

(a) In general.

(b) Recognition program.

(c) Capacity building.

(d) Support for existing reform networks.

SUBPART 2 - SCHOOL DROPOUT PREVENTION INITIATIVE

6561. Definitions.

6561a. Program authorized.

(a) Grants to State educational agencies and local

educational agencies.

(b) Subgrants to local educational agencies.

6561b. Applications.

(a) In general.

(b) Contents.

6561c. State reservation.

6561d. Strategies and capacity building.

6561e. Selection of local educational agencies for subgrants.

(a) State educational agency review and award.

(b) Eligibility.

6561f. Community based organizations.

6561g. Technical assistance.

6561h. School dropout rate calculation.

6561i. Reporting and accountability.

(a) Local educational agency reports.

(b) State report on program activities.

(c) Accountability.

PART I - GENERAL PROVISIONS

6571. Federal regulations.

(a) In general.

(b) Negotiated rulemaking process.

(c) Limitation.

6572. Agreements and records.

(a) Agreements.

(b) Records.

6573. State administration.

(a) Rulemaking.

(b) Committee of practitioners.

6574. Local educational agency spending audits.

(a) Audits.

(b) Report.

6575. Prohibition against Federal mandates, direction, or control.

6576. Rule of construction on equalized spending.

6577. State report on dropout data.

6578. Regulations for sections 6311 and 6316.

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

PART A - TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND

6601. Purpose.

6602. Definitions.

6603. Authorizations of appropriations.

(a) Grants to States, local educational agencies, and

eligible partnerships.

(b) National programs.

SUBPART 1 - GRANTS TO STATES

6611. Allotments to States.

(a) In general.

(b) Determination of allotments.

6612. State applications.

(a) In general.

(b) Contents.

(c) Deemed approval.

(d) Disapproval.

(e) Notification.

(f) Response.

(g) Failure to respond.

6613. State use of funds.

(a) In general.

(b) Special rule.

(c) State activities.

(d) Administrative costs.

(e) Coordination.

(f) Supplement, not supplant.

SUBPART 2 - SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES

6621. Allocations to local educational agencies.

(a) Subgrants to local educational agencies.

6622. Local applications and needs assessment.

(a) In general.

(b) Contents.

(c) Needs assessment.

6623. Local use of funds.

(a) In general.

(b) Supplement, not supplant.

SUBPART 3 - SUBGRANTS TO ELIGIBLE PARTNERSHIPS

6631. Definitions.

6632. Subgrants.

(a) In general.

(b) Distribution.

(c) Special rule.

6633. Applications.

6634. Use of funds.

(a) In general.

(b) Coordination.

SUBPART 4 - ACCOUNTABILITY

6641. Technical assistance and accountability.

(a) Improvement plan.

(b) Technical assistance.

(c) Accountability.

(d) Special rule.

SUBPART 5 - NATIONAL ACTIVITIES

6651. National activities of demonstrated effectiveness.

(a) National teacher recruitment campaign.

(b) School leadership.

(c) Advanced certification or advanced credentialing.

(d) Special education teacher training.

(e) Early childhood educator professional

development.

(f) Teacher mobility.

PART B - MATHEMATICS AND SCIENCE PARTNERSHIPS

6661. Purpose; definitions.

(a) Purpose.

(b) Definitions.

6662. Grants for mathematics and science partnerships.

(a) Grants authorized.

(b) Application requirements.

(c) Authorized activities.

(d) Coordination and consultation.

(e) Evaluation and accountability plan.

(f) Report.

6663. Authorization of appropriations.

PART C - INNOVATION FOR TEACHER QUALITY

SUBPART 1 - TRANSITIONS TO TEACHING

DIVISION A - TROOPS-TO-TEACHERS PROGRAM

6671. Definitions.

6672. Authorization of Troops-to-Teachers Program.

(a) Purpose.

(b) Program authorized.

(c) Administration of Program.

(d) Information regarding Program.

(e) Placement assistance and referral services.

6673. Recruitment and selection of program participants.

(a) Eligible members.

(b) Submission of applications.

(c) Selection criteria.

(d) Selection priorities.

(e) Other conditions on selection.

6674. Participation agreement and financial assistance.

(a) Participation agreement.

(b) Violation of participation agreement; exceptions.

(c) Stipend for participants.

(d) Bonus for participants.

(e) Treatment of stipend and bonus.

(f) Reimbursement under certain circumstances.

(g) Relationship to educational assistance under

Montgomery GI Bill.

6675. Participation by States.

(a) Discharge of State activities through consortia

of States.

(b) Assistance to States.

6676. Support of innovative preretirement teacher certification

programs.

(a) Purpose.

(b) Development, implementation and demonstration.

(c) Program elements.

(d) Application procedures.

(e) Continuation of programs.

(f) Funding limitation.

6677. Reporting requirements.

(a) Report required.

(b) Elements of report.

DIVISION B - TRANSITION TO TEACHING PROGRAM

6681. Purposes.

6682. Definitions.

6683. Grant program.

(a) In general.

(b) Eligible entity.

(c) Priority.

(d) Application.

(e) Duration of grants.

(f) Equitable distribution.

(g) Uses of funds.

(h) Requirements.

(i) Period of service.

(j) Repayment

(k) Administrative funds.

6684. Evaluation and accountability for recruiting and retaining

teachers.

(a) Evaluation.

(b) Contents.

(c) Reports.

(d) Revocation.

DIVISION C - GENERAL PROVISIONS

6691. Authorization of appropriations.

(a) In general.

(b) Reservation.

SUBPART 2 - NATIONAL WRITING PROJECT

6701. Purposes.

6702. National Writing Project.

(a) Authorization.

(b) Requirements of grant.

(c) Teacher training programs.

(d) Federal share.

(e) National Advisory Board.

(f) Evaluation.

(g) Application review.

(h) Authorization of appropriations.

SUBPART 3 - CIVIC EDUCATION

6711. Short title.

6712. Purpose.

6713. General authority.

(a) Authority.

(b) Distribution for cooperative civic education and

economic education exchange programs.

6714. We the People program.

(a) The Citizen and the Constitution.

(b) Project Citizen.

(c) Bureau-funded school defined.

6715. Cooperative civic education and economic education exchange

programs.

(a) Cooperative education exchange programs.

(b) Purpose.

(c) Activities.

(d) Participants.

(e) Consultation.

(f) Avoidance of duplication.

(g) Eligible country defined.

6716. Authorization of appropriations.

SUBPART 4 - TEACHING OF TRADITIONAL AMERICAN HISTORY

6721. Establishment of program.

(a) In general.

(b) Required partnership.

(c) Application.

6722. Authorization of appropriations.

SUBPART 5 - TEACHER LIABILITY PROTECTION

6731. Short title.

6732. Purpose.

6733. Definitions.

6734. Applicability.

6735. Preemption and election of State nonapplicability.

(a) Preemption.

(b) Election of State regarding nonapplicability.

6736. Limitation on liability for teachers.

(a) Liability protection for teachers.

(b) Exceptions to teacher liability protection.

(c) Limitation on punitive damages based on the

actions of teachers.

(d) Exceptions to limitations on liability.

(e) Rules of construction.

6737. Allocation of responsibility for noneconomic loss.

(a) General rule.

(b) Amount of liability.

(c) Rule of construction.

6738. Effective date.

(a) In general.

(b) Application.

PART D - ENHANCING EDUCATION THROUGH TECHNOLOGY

6751. Short title.

6752. Purposes and goals.

(a) Purposes.

(b) Goals.

6753. Definitions.

6754. Authorization of appropriations.

(a) In general.

(b) Allocation of funds between State and local and

national initiatives.

(c) Allocation of funds for study.

(d) Limitation.

SUBPART 1 - STATE AND LOCAL TECHNOLOGY GRANTS

6761. Allotment and reallotment.

(a) Reservations and allotment.

(b) Minimum allotment.

(c) Reallotment of unused funds.

(d) State educational agency defined.

6762. Use of allotment by State.

(a) In general.

(b) Sufficient amounts.

(c) Fiscal agent.

(d) Technical assistance.

6763. State applications.

(a) In general.

(b) Contents.

(c) Deemed approval.

(d) Disapproval.

(e) Notification.

(f) Response.

(g) Failure to respond.

6764. Local applications.

(a) In general.

(b) Contents.

(c) Combined applications.

(d) Special rule.

6765. State activities.

6766. Local activities.

(a) Professional development.

(b) Other activities.

SUBPART 2 - NATIONAL TECHNOLOGY ACTIVITIES

6771. National activities.

(a) Study.

(b) Dissemination.

(c) Technical assistance.

6772. National education technology plan.

(a) In general.

(b) Contents.

SUBPART 3 - READY-TO-LEARN TELEVISION

6775. Ready-to-Learn Television.

(a) Program authorized.

(b) Applications.

(c) Reports and evaluations.

(d) Administrative costs.

(e) Authorization of appropriations.

SUBPART 4 - LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR SCHOOLS

6777. Internet safety.

(a) In general.

(b) Timing and applicability of implementation.

(c) Disabling during certain use.

(d) Noncompliance.

(e) Definitions.

(f) Severability.

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

6801. Authorizations of appropriations; condition on effectiveness

of parts.

(a) Authorizations of appropriations.

(b) Conditions on effectiveness of parts A and B.

(c) References.

PART A - ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND

ACADEMIC ACHIEVEMENT ACT

6811. Short title.

6812. Purposes.

SUBPART 1 - GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION

AND LANGUAGE ENHANCEMENT

6821. Formula grants to States.

(a) In general.

(b) Use of funds.

(c) Reservations and allotments.

6822. Native American and Alaska Native children in school.

(a) Eligible entities.

(b) Submission of applications for assistance.

(c) Special rule.

6823. State and specially qualified agency plans.

(a) Plan required.

(b) Contents.

(c) Approval.

(d) Duration of plan.

(e) Consolidated plan.

(f) Secretary assistance.

6824. Within-State allocations.

(a) In general.

(b) Limitation.

(c) Reallocation.

(d) Required reservation.

6825. Subgrants to eligible entities.

(a) Purposes of subgrants.

(b) Administrative expenses.

(c) Required subgrantee activities.

(d) Authorized subgrantee activities.

(e) Activities by agencies experiencing substantial

increases in immigrant children and youth.

(f) Selection of method of instruction.

(g) Supplement, not supplant.

6826. Local plans.

(a) Plan required.

(b) Contents.

(c) Teacher English fluency.

(d) Other requirements for approval.

SUBPART 2 - ACCOUNTABILITY AND ADMINISTRATION

6841. Evaluations.

(a) In general.

(b) Use of evaluation.

(c) Evaluation components.

(d) Evaluation measures.

(e) Special rule for specially qualified agencies.

6842. Achievement objectives and accountability.

(a) Achievement objectives.

(b) Accountability.

(c) Special rule for specially qualified agencies.

6843. Reporting requirements.

(a) States.

(b) Secretary.

6844. Coordination with related programs.

6845. Rules of construction.

6846. Legal authority under State law.

6847. Civil rights.

6848. Programs for Native Americans and Puerto Rico.

6849. Prohibition.

SUBPART 3 - NATIONAL ACTIVITIES

6861. National professional development project.

SUBPART 4 - DEFINITIONS

6871. Eligible entity.

PART B - IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS

6891. Short title.

6892. Purpose.

6893. Native American children in school.

(a) Eligible entities.

(b) Application.

6894. Residents of the territories and freely associated states

SUBPART 1 - PROGRAM DEVELOPMENT AND ENHANCEMENT

6911. Financial assistance for language instruction educational

programs.

6912. Program enhancement activities.

(a) Program authorized.

(b) Priority.

(c) Eligible entity.

6913. Comprehensive school and systemwide improvement activities.

(a) Program authorized.

(b) Availability of appropriations.

(c) Priority.

(d) Eligible entities.

6914. Applications.

(a) In general.

(b) State review and comments.

(c) Eligible entity comments.

(d) Comment consideration.

(e) Waiver.

(f) Required documentation.

(g) Contents.

(h) Approval of applications.

(i) Consideration.

6915. Capacity building.

6916. Programs for Native Americans and Puerto Rico.

6917. Evaluations.

(a) Evaluation.

(b) Use of evaluation.

(c) Evaluation report components.

6918. Construction.

SUBPART 2 - RESEARCH, EVALUATION, AND DISSEMINATION

6931. Authority.

(a) In general.

(b) Competitive awards.

(c) Administration.

6932. Research.

(a) Administration.

(b) Requirements.

(c) Field-initiated research.

(d) Consultation.

(e) Data collection.

6933. Academic excellence awards.

(a) Authority.

(b) Applications.

6934. State grant program.

(a) State grant program.

(b) Payments.

(c) Use of funds.

(d) State consultation.

(e) Applications.

(f) Supplement, not supplant.

(g) Report to the Secretary.

6935. Instruction materials development.

(a) In general.

(b) Priority.

SUBPART 3 - PROFESSIONAL DEVELOPMENT

6951. Professional development grants.

(a) Purpose.

(b) Authorization.

(c) Authorized activities.

(d) Application.

(e) Priorities in awarding grants.

(f) Program evaluations.

SUBPART 4 - EMERGENCY IMMIGRANT EDUCATION PROGRAM

6961. Purpose.

6962. State administrative costs.

6963. Withholding.

6964. State allotments.

(a) Payments.

(b) Allotments.

(c) Determinations of number of children and youth.

(d) Reallotment.

(e) Reservation of funds.

6965. State applications.

(a) Submission.

(b) Application review.

6966. Administrative provisions.

(a) Notification of amount.

(b) Services to immigrant children and youth enrolled

in nonpublic schools.

6967. Uses of funds.

(a) Use of funds.

(b) Consortia.

(c) Subgrants.

(d) Construction.

6968. Reports.

(a) Biennial report.

(b) Report to Congress.

SUBPART 5 - ADMINISTRATION

6981. Release time.

6982. Notification.

6983. Coordination and reporting requirements.

(a) Coordination with related programs.

(b) Data.

(c) Publication of proposals.

(d) Report.

PART C - GENERAL PROVISIONS

7011. Definitions.

7012. Parental notification.

(a) In general.

(b) Separate notification.

(c) Receipt of information.

(d) Special rule applicable during school year.

(e) Parental participation.

(f) Basis for admission or exclusion.

7013. National clearinghouse.

7014. Regulations.

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

PART A - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

7101. Short title.

7102. Purpose.

7103. Authorization of appropriations.

SUBPART 1 - STATE GRANTS

7111. Reservations and allotments.

(a) Reservations.

(b) State allotments.

(c) Limitation.

7112. Reservation of State funds for safe and drug-free schools.

(a) State reservation for the chief executive officer

of a State.

(b) In State distribution.

(c) State activities.

7113. State application.

(a) In general.

(b) Interim application.

(c) Approval process.

7114. Local educational agency program.

(a) In general.

(b) Eligibility.

(c) Development.

(d) Contents of applications.

(e) Review of application.

(f) Approval process.

7115. Authorized activities.

(a) Principles of effectiveness.

(b) Local educational agency activities.

(c) Limitation.

(d) Rule of construction.

7116. Reporting.

(a) State report.

(b) Local educational agency report.

7117. Programs for Native Hawaiians.

(a) General authority.

(b) Definition of Native Hawaiian.

SUBPART 2 - NATIONAL PROGRAMS

7131. Federal activities.

(a) Program authorized.

(b) Peer review.

7132. Impact evaluation.

(a) Biennial evaluation.

(b) Data collection.

(c) Biennial report.

7133. Hate crime prevention.

(a) Grant authorization.

(b) Use of funds.

(c) Award of grants.

(d) Reports.

7134. Safe and Drug-Free Schools and Communities Advisory

Committee.

(a) Establishment.

(b) Programs.

7135. National Coordinator Program.

(a) In general.

(b) Use of funds.

7136. Community service grant program.

(a) In general.

(b) Allocation.

(c) Minimum.

(d) Reallotment.

(e) Definition.

7137. School Security Technology and Resource Center.

(a) Center.

(b) Administration.

(c) Functions.

7138. National Center for School and Youth Safety.

(a) Establishment.

(b) Duties.

7139. Grants to reduce alcohol abuse.

(a) In general.

(b) Eligibility.

(c) Streamlining of process for low-income and rural

LEAs.

(d) Reservations.

7140. Mentoring programs.

(a) Purpose; definitions.

(b) Grant program.

SUBPART 3 - GUN POSSESSION

7151. Gun-free requirements.

(a) Short title.

(b) Requirements.

(c) Special rule.

(d) Report to State.

(e) Reporting.

(f) Definition.

(g) Exception.

(h) Policy regarding criminal justice system

referral.

SUBPART 4 - GENERAL PROVISIONS

7161. Definitions.

7162. Message and materials.

(a) ''Wrong and harmful'' message.

(b) Curriculum.

7163. Parental consent.

7164. Prohibited uses of funds.

7165. Transfer of school disciplinary records.

(a) Nonapplication of provisions.

(b) Disciplinary records.

PART B - 21ST CENTURY COMMUNITY LEARNING CENTERS

7171. Purpose; definitions.

(a) Purpose.

(b) Definitions.

7172. Allotments to States.

(a) Reservation.

(b) State allotments.

(c) State use of funds.

7173. State application.

(a) In general.

(b) Deemed approval.

(c) Disapproval.

(d) Notification.

(e) Response.

(f) Failure to respond.

7174. Local competitive grant program.

(a) In general.

(b) Application.

(c) Approval of certain applications.

(d) Permissive local match.

(e) Peer review.

(f) Geographic diversity.

(g) Duration of awards.

(h) Amount of awards.

(i) Priority.

7175. Local activities.

(a) Authorized activities.

(b) Principles of effectiveness.

7176. Authorization of appropriations.

PART C - ENVIRONMENTAL TOBACCO SMOKE

7181. Short title.

7182. Definitions.

7183. Nonsmoking policy for children's services.

(a) Prohibition.

(b) Additional prohibition.

(c) Federal agencies.

(d) Notice.

(e) Civil penalties.

7184. Preemption.

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

PART A - INNOVATIVE PROGRAMS

7201. Purposes, State and local responsibility.

(a) Purposes.

(b) State and local responsibility.

SUBPART 1 - STATE AND LOCAL PROGRAMS

7211. Allotment to States.

(a) In general.

(b) Reservation.

7211a. Allocation to local educational agencies.

(a) Distribution rule.

(b) Limitations and requirements.

(c) Calculation of enrollments.

(d) Payment of allocations.

SUBPART 2 - STATE PROGRAMS

7213. State uses of funds.

7213a. State applications.

(a) Application requirements.

(b) Statewide summary.

(c) Period of application.

(d) Audit rule.

SUBPART 3 - LOCAL INNOVATIVE EDUCATION PROGRAMS

7215. Local uses of funds.

(a) Innovative assistance programs.

(b) Requirements.

(c) Guidelines.

7215a. Administrative authority.

7215b. Local applications.

(a) Submission of application.

(b) Certification and contents of application.

(c) Period of application.

(d) Local educational agency discretion.

SUBPART 4 - GENERAL PROVISIONS

7217. Maintenance of effort.

(a) In general.

(b) Reduction of funds.

(c) Waiver.

7217a. Participation of children enrolled in private schools.

(a) Participation on equitable basis.

(b) Equal expenditures.

(c) Administrative requirements.

(d) Waiver.

(e) Withholding of allotment or allocation.

(f) Duration of determination.

(g) Payment from State allotment.

(h) Review of determination.

(i) Prior determination.

7217b. Federal administration.

(a) Technical assistance.

(b) Rulemaking.

(c) Availability of appropriations.

7217c. Supplement, not supplant.

7217d. Definitions.

7217e. Authorization of appropriations.

PART B - PUBLIC CHARTER SCHOOLS

SUBPART 1 - CHARTER SCHOOL PROGRAMS

7221. Purpose.

7221a. Program authorized.

(a) In general.

(b) Special rule.

(c) Program periods.

(d) Limitation.

(e) Priority treatment.

(f) Amount criteria.

7221b. Applications.

(a) Applications from State agencies.

(b) Contents of a State educational agency

application.

(c) Eligible applicant application.

(d) Contents of eligible applicant application.

7221c. Administration.

(a) Selection criteria for State educational

agencies.

(b) Selection criteria for eligible applicants.

(c) Peer review.

(d) Diversity of projects.

(e) Waivers.

(f) Use of funds.

(g) Tribally controlled schools.

7221d. National activities.

(a) In general.

(b) Per-pupil facilities aid programs.

(c) Rule of construction.

7221e. Federal formula allocation during first year and for

successive enrollment expansions.

(a) In general.

(b) Adjustment and late openings.

7221f. Solicitation of input from charter school operators.

7221g. Records transfer.

7221h. Paperwork reduction.

7221i. Definitions.

7221j. Authorization of appropriations.

(a) In general.

(b) Reservation.

SUBPART 2 - CREDIT ENHANCEMENT INITIATIVES TO ASSIST CHARTER SCHOOL

FACILITY ACQUISITION, CONSTRUCTION, AND RENOVATION

7223. Purpose.

7223a. Grants to eligible entities.

(a) Grants.

(b) Grantee selection.

(c) Grant characteristics.

(d) Special rule.

7223b. Applications.

(a) In general.

(b) Contents.

7223c. Charter school objectives.

7223d. Reserve account.

(a) Use of funds.

(b) Investment.

(c) Reinvestment of earnings.

7223e. Limitation on administrative costs.

7223f. Audits and reports.

(a) Financial record maintenance and audit.

(b) Reports.

7223g. No full faith and credit for grantee obligations.

7223h. Recovery of funds.

(a) In general.

(b) Exercise of authority.

(c) Procedures.

(d) Construction.

7223i. Definitions.

7223j. Authorization of appropriations.

SUBPART 3 - VOLUNTARY PUBLIC SCHOOL CHOICE PROGRAMS

7225. Grants.

(a) Authorization.

(b) Duration.

7225a. Uses of funds.

(a) Required use of funds.

(b) Permissible uses of funds.

(c) Nonpermissible uses of funds.

(d) Administrative expenses.

7225b. Applications.

(a) Submission.

(b) Contents.

7225c. Priorities.

7225d. Requirements and voluntary participation.

(a) Parent and community involvement and notice.

(b) Selection of students.

(c) Voluntary participation.

7225e. Evaluations.

(a) In general.

(b) Evaluations.

7225f. Definitions.

7225g. Authorization of appropriations.

PART C - MAGNET SCHOOLS ASSISTANCE

7231. Findings and purpose.

(a) Findings.

(b) Purpose.

7231a. Definition.

7231b. Program authorized.

7231c. Eligibility.

7231d. Applications and requirements.

(a) Applications.

(b) Information and assurances.

(c) Special rule.

7231e. Priority.

7231f. Use of funds.

(a) In general.

(b) Special rule.

7231g. Prohibition.

7231h. Limitations.

(a) Duration of awards.

(b) Limitation on planning funds.

(c) Amount.

(d) Timing.

7231i. Evaluations.

(a) Reservation.

(b) Contents.

(c) Dissemination.

7231j. Authorization of appropriations; reservation.

(a) Authorization.

(b) Availability of funds for grants to agencies not

previously assisted.

PART D - FUND FOR THE IMPROVEMENT OF EDUCATION

7241. Authorization of appropriations.

SUBPART 1 - FUND FOR THE IMPROVEMENT OF EDUCATION

7243. Programs authorized.

(a) Authorization.

(b) Uses of funds.

(c) Basis of awards.

(d) Effectiveness of programs.

7243a. Applications.

(a) Submission.

(b) Contents.

(c) Peer review.

7243b. Program requirements.

(a) Evaluations.

(b) Dissemination of evaluation results.

(c) Matching funds.

(d) Special rule for recognition programs.

7243c. Studies of national significance.

(a) Studies.

(b) Completion date.

(c) Public dissemination.

SUBPART 2 - ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS

7245. Elementary and secondary school counseling programs.

(a) Grants authorized.

(b) Applications.

(c) Use of funds.

(d) Limitation on administrative costs.

(e) Definitions.

(f) Report.

(g) Special rule.

SUBPART 3 - PARTNERSHIPS IN CHARACTER EDUCATION

7247. Partnerships in character education program.

(a) Program authorized.

(b) Contracts under program.

(c) Elements of character.

(d) Use of funds by State educational agency

recipients.

(e) Application.

(f) Selection of recipients.

(g) Participation by private school children and

teachers.

(h) Evaluation and program development.

(i) Permissive match.

SUBPART 4 - SMALLER LEARNING COMMUNITIES

7249. Smaller learning communities.

(a) Grant authority.

(b) Application.

(c) Authorized activities.

SUBPART 5 - READING IS FUNDAMENTAL - INEXPENSIVE BOOK DISTRIBUTION

PROGRAM

7251. Inexpensive book distribution program for reading motivation.

(a) Purpose.

(b) Authorization.

(c) Requirements of contract.

(d) Restriction on payments.

(e) Special rules for certain subcontractors.

(f) Multi-year contracts.

(g) Federal share defined.

SUBPART 6 - GIFTED AND TALENTED STUDENTS

7253. Short title.

7253a. Purpose.

7253b. Rule of construction.

7253c. Authorized programs.

(a) Establishment of program.

(b) Use of funds.

(c) Special rule.

(d) Center for research and development.

(e) Coordination.

7253d. Program priorities.

(a) General priority.

(b) Service priority.

7253e. General provisions.

(a) Participation of private school children and

teachers.

(b) Review, dissemination, and evaluation.

(c) Program operations.

SUBPART 7 - STAR SCHOOLS PROGRAM

7255. Short title.

7255a. Purposes.

7255b. Grant program authorized.

(a) Authorization.

(b) Duration and amount.

(c) Renewal.

(d) Reservations.

(e) Federal share.

(f) Required local educational agency participation.

(g) Assistance obtaining satellite time.

7255c. Applications.

(a) Submission.

(b) Contents.

(c) Approval.

7255d. Other grant assistance.

(a) Special statewide network.

(b) Special local network.

(c) Telecommunications programs for continuing

education.

7255e. Administrative provisions.

(a) Leadership, evaluation, and peer review.

(b) Coordination.

(c) Funds from other agencies.

(d) Availability of funds.

(e) Closed captioning and descriptive video.

7255f. Definitions.

SUBPART 8 - READY TO TEACH

7257. Grants.

(a) In general.

(b) Digital educational programming.

7257a. Application required.

(a) General application.

(b) Programming application.

7257b. Reports and evaluation.

7257c. Digital educational programming grants.

(a) Grants.

(b) Eligible entities.

(c) Competitive basis.

(d) Matching requirement.

(e) Duration.

7257d. Administrative costs.

SUBPART 9 - FOREIGN LANGUAGE ASSISTANCE PROGRAM

7259. Short title.

7259a. Program authorized.

(a) Program authority.

(b) Requirements.

(c) Federal share.

(d) Special rule.

(e) Reservation.

7259b. Applications.

(a) In general.

(b) Special consideration.

7259c. Elementary school foreign language incentive program.

(a) Incentive payments.

(b) Amount.

(c) Requirement.

SUBPART 10 - PHYSICAL EDUCATION

7261. Short title.

7261a. Purpose.

7261b. Program authorized.

(a) Authorization.

(b) Program elements.

(c) Special rule.

7261c. Applications.

(a) Submission.

(b) Private school and home-schooled students.

7261d. Requirements.

(a) Annual report to the Secretary.

(b) Administrative expenses.

7261e. Administrative provisions.

(a) Federal share.

(b) Proportionality.

(c) Report to Congress.

(d) Availability of funds.

7261f. Supplement, not supplant.

SUBPART 11 - COMMUNITY TECHNOLOGY CENTERS

7263. Purpose and program authorization.

(a) Purpose.

(b) Program authorization.

7263a. Eligibility and application requirements.

(a) Eligible applicants.

(b) Application requirements.

(c) Matching requirements.

7263b. Uses of funds.

(a) Required uses.

(b) Permissible uses.

SUBPART 12 - EDUCATIONAL, CULTURAL, APPRENTICESHIP, AND EXCHANGE

PROGRAMS FOR ALASKA NATIVES, NATIVE HAWAIIANS, AND THEIR HISTORICAL

WHALING AND TRADING PARTNERS IN MASSACHUSETTS

7265. Short title.

7265a. Findings and purposes.

(a) Findings.

(b) Purposes.

7265b. Program authorization.

(a) Grants and contracts.

(b) Uses of funds.

7265c. Administrative provisions.

(a) Application required.

(b) Local educational agency coordination.

7265d. Availability of funds.

7265e. Definitions.

SUBPART 13 - EXCELLENCE IN ECONOMIC EDUCATION

7267. Short title.

7267a. Purpose and goals.

(a) Purpose.

(b) Objectives.

7267b. Grant program authorized.

(a) Authorization.

(b) Uses of funds.

7267c. Applications.

(a) Grantee applications.

(b) Recipient applications.

7267d. Requirements.

(a) Administrative costs.

(b) Teacher training programs.

(c) Involvement of business community.

(d) Additional requirements and technical assistance.

7267e. Administrative provisions.

(a) Federal share.

(b) Payment of non-Federal share.

(c) Reports to Congress.

7267f. Supplement, not supplant.

SUBPART 14 - GRANTS TO IMPROVE THE MENTAL HEALTH OF CHILDREN

7269. Grants for the integration of schools and mental health

systems.

(a) Authorization.

(b) Duration.

(c) Use of funds.

(d) Applications.

(e) Interagency agreements.

(f) Evaluation.

(g) Distribution of awards.

(h) Rule of construction.

(i) Supplement, not supplant.

7269a. Promotion of school readiness through early childhood

emotional and social development.

(a) Authorization.

(b) Applications.

(c) Uses of funds.

(d) Limitations.

(e) Evaluations.

(f) Definitions.

SUBPART 15 - ARTS IN EDUCATION

7271. Assistance for arts education.

(a) Purposes.

(b) Authority.

(c) Eligible entities.

(d) Use of funds.

(e) Special rule.

(f) Conditions.

(g) Consultation.

SUBPART 16 - PARENTAL ASSISTANCE AND LOCAL FAMILY INFORMATION

CENTERS

7273. Purposes.

7273a. Grants authorized.

(a) Parental information and resource centers.

(b) Geographic distribution.

7273b. Applications.

(a) Submission.

(b) Contents.

7273c. Uses of funds.

(a) In general.

(b) Permissive activities.

7273d. Administrative provisions.

(a) Matching funds for grant renewal.

(b) Submission of information.

(c) Technical assistance.

(d) Rule of construction.

(e) Parental rights.

(f) Continuation of awards.

7273e. Local family information centers.

(a) In general.

(b) Local nonprofit parent organization defined.

SUBPART 17 - COMBATTING DOMESTIC VIOLENCE

7275. Grants to combat the impact of experiencing or witnessing

domestic violence on elementary and secondary school children.

(a) Definitions.

(b) Grants authorized.

(c) Uses of funds.

(d) Confidentiality.

(e) Application.

SUBPART 18 - HEALTHY, HIGH-PERFORMANCE SCHOOLS

7277. Grant program authorized.

7277a. State uses of funds.

(a) Subgrants.

(b) Administration.

7277b. Local uses of funds.

(a) In general.

(b) Use of funds.

7277c. Report to Congress.

7277d. Limitations.

7277e. Healthy, high-performance school building defined.

SUBPART 19 - GRANTS FOR CAPITAL EXPENSES OF PROVIDING EQUITABLE

SERVICES FOR PRIVATE SCHOOL STUDENTS

7279. Grant program authorized.

7279a. Uses of funds.

7279b. Allotments to States.

7279c. Subgrants to local educational agencies.

(a) Applications.

(b) Distribution.

7279d. Capital expenses defined.

7279e. Termination.

SUBPART 20 - ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL

AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION

7281. Reservation.

7281a. Eligibility.

7281b. Maximum amount.

(a) Maximum amount.

(b) Insufficient funds.

(c) Excess funds.

SUBPART 21 - WOMEN'S EDUCATIONAL EQUITY ACT

7283. Short title and findings.

(a) Short title.

(b) Findings.

7283a. Statement of purpose.

7283b. Programs authorized.

(a) In general.

(b) Grants authorized.

7283c. Applications.

7283d. Criteria and priorities.

(a) Criteria and priorities.

(b) Priorities.

(c) Special rule.

(d) Coordination.

(e) Limitation.

7283e. Report.

7283f. Administration.

(a) Evaluation and dissemination.

(b) Program operations.

7283g. Amount.

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

SUBPART 1 - ACCOUNTABILITY

7301. Grants for State assessments and related activities.

7301a. Grants for enhanced assessment instruments.

(a) Grant program authorized.

(b) Application.

(c) Annual report.

7301b. Funding.

(a) Authorization of appropriations.

(b) Allotment of appropriated funds.

(c) State defined.

SUBPART 2 - FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL

AGENCIES

7305. Short title.

7305a. Purpose.

7305b. Transferability of funds.

(a) Transfers by States.

(b) Transfers by local educational agencies.

(c) No transfer of subchapter I funds.

(d) Modification of plans and applications;

notification.

(e) Applicable rules.

SUBPART 3 - STATE AND LOCAL FLEXIBILITY DEMONSTRATION

7311. Short title.

7311a. Purpose.

7311b. General provision.

DIVISION A - STATE FLEXIBILITY AUTHORITY

7315. State flexibility.

(a) Flexibility authority.

(b) Definitions.

(c) State applications.

(d) Approval and selection.

(e) Amendment to grant of authority.

7315a. Consolidation and use of funds.

(a) In general.

(b) Eligible funds and programs.

(c) Special rule.

7315b. Performance review and penalties.

(a) Midterm review.

(b) Final review.

7315c. Renewal of grant of flexibility authority.

(a) In general.

(b) Renewal.

(c) Effective date.

DIVISION B - LOCAL FLEXIBILITY DEMONSTRATION

7321. Local flexibility demonstration agreements.

(a) Authority.

(b) Selection of local educational agencies.

(c) Required terms of local flexibility demonstration

agreement.

(d) Peer review.

(e) Amendment to performance agreement.

7321a. Consolidation and use of funds.

(a) In general.

(b) Eligible programs.

7321b. Limitations on administrative expenditures.

7321c. Performance review and penalties.

(a) Midterm review.

(b) Final review.

7321d. Renewal of local flexibility demonstration agreement.

(a) In general.

(b) Notification.

(c) Effective date.

7321e. Reports.

(a) Transmittal to Congress.

(b) Limitation.

SUBPART 4 - STATE ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS

7325. Accountability for adequate yearly progress.

7325a. Peer review.

7325b. Technical assistance.

(a) Provision of assistance.

(b) Characteristics.

7325c. Report to Congress.

PART B - RURAL EDUCATION INITIATIVE

7341. Short title.

7341a. Purpose.

SUBPART 1 - SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

7345. Use of applicable funding.

(a) Alternative uses.

(b) Eligibility.

(c) Applicable funding defined.

(d) Disbursement.

(e) Applicable rules.

7345a. Grant program authorized.

(a) In general.

(b) Allocation.

(c) Disbursement.

(d) Special eligibility rule.

7345b. Accountability.

(a) Academic achievement assessment.

(b) Determination regarding continuing participation.

SUBPART 2 - RURAL AND LOW-INCOME SCHOOL PROGRAM

7351. Program authorized.

(a) Grants to States.

(b) Local awards.

(c) Reservations.

7351a. Uses of funds.

(a) Local awards.

(b) Administrative costs.

7351b. Applications.

(a) In general.

(b) Contents.

7351c. Accountability.

(a) State report.

(b) Specially qualified agency report.

(c) Report to Congress.

(d) Academic achievement assessment.

(e) Determination regarding continuing participation.

SUBPART 3 - GENERAL PROVISIONS

7355. Annual average daily attendance determination.

(a) Census determination.

(b) Penalty.

7355a. Supplement, not supplant.

7355b. Rule of construction.

7355c. Authorization of appropriations.

PART C - GENERAL PROVISIONS

7371. Prohibition against Federal mandates, direction, or control.

7372. Rule of construction on equalized spending.

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

PART A - INDIAN EDUCATION

7401. Statement of policy.

7402. Purpose.

(a) Purpose.

(b) Programs.

SUBPART 1 - FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

7421. Purpose.

7422. Grants to local educational agencies and tribes.

(a) In general.

(b) Local educational agencies.

(c) Indian tribes.

7423. Amount of grants.

(a) Amount of grant awards.

(b) Minimum grant.

(c) Definition.

(d) Schools operated or supported by the Bureau of

Indian Affairs.

(e) Ratable reductions.

7424. Applications.

(a) Application required.

(b) Comprehensive program required.

(c) Assurances.

7425. Authorized services and activities.

(a) General requirements.

(b) Particular activities.

(c) Schoolwide programs.

(d) Limitation on administrative costs.

7426. Integration of services authorized.

(a) Plan.

(b) Consolidation of programs.

(c) Programs affected.

(d) Plan requirements.

(e) Plan review.

(f) Plan approval.

(g) Responsibilities of Department of Education.

(h) Responsibilities of lead agency.

(i) Report requirements.

(j) No reduction in amounts.

(k) Interagency fund transfers authorized.

(l) Administration of funds.

(m) Overage.

(n) Fiscal accountability.

(o) Report on statutory obstacles to program

integration.

(p) Definitions.

7427. Student eligibility forms.

(a) In general.

(b) Forms.

(c) Statutory construction.

(d) Forms and standards of proof.

(e) Documentation.

(f) Monitoring and evaluation review.

(g) Tribal grant and contract schools.

(h) Timing of child counts.

7428. Payments.

(a) In general.

(b) Payments taken into account by the State.

(c) Reduction of payment for failure to maintain

fiscal effort.

(d) Reallocations.

7429. State educational agency review.

SUBPART 2 - SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL

OPPORTUNITIES FOR INDIAN CHILDREN

7441. Improvement of educational opportunities for Indian children.

(a) Purpose.

(b) Eligible entities.

(c) Grants authorized.

(d) Grant requirements and applications.

(e) Administrative costs.

7442. Professional development for teachers and education

professionals.

(a) Purposes.

(b) Eligible entities.

(c) Program authorized.

(d) Authorized activities.

(e) Application.

(f) Special rule.

(g) Grant period.

(h) Service obligation.

SUBPART 3 - NATIONAL ACTIVITIES

7451. National research activities.

(a) Authorized activities.

(b) Eligibility.

(c) Coordination.

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

(a) Grants authorized.

(b) Use of funds.

(c) Preference for Indian applicants.

7453. Fellowships for Indian students.

(a) Fellowships.

(b) Stipends.

(c) Payments to institutions in lieu of tuition.

(d) Special rules.

(e) Service obligation.

(f) Administration of fellowships.

7454. Gifted and talented Indian students.

(a) Program authorized.

(b) Eligible entities.

(c) Use of funds.

(d) Additional grants.

(e) Information network.

7455. Grants to tribes for education administrative planning and

development.

(a) In general.

(b) Period of grant.

(c) Application for grant.

(d) Restriction.

7456. Improvement of educational opportunities for adult Indians.

(a) In general.

(b) Educational services.

(c) Information and evaluation.

(d) Applications.

(e) Administrative costs.

SUBPART 4 - FEDERAL ADMINISTRATION

7471. National Advisory Council on Indian Education.

(a) Membership.

(b) Duties.

7472. Peer review.

7473. Preference for Indian applicants.

7474. Minimum grant criteria.

SUBPART 5 - DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

7491. Definitions.

7492. Authorizations of appropriations.

(a) Subpart 1.

(b) Subparts 2 and 3.

PART B - NATIVE HAWAIIAN EDUCATION

7511. Short title.

7512. Findings.

7513. Purposes.

7514. Native Hawaiian Education Council and island councils.

(a) Establishment of Native Hawaiian Education

Council.

(b) Composition of Education Council.

(c) Conditions and terms.

(d) Native Hawaiian Education Council grant.

(e) Additional duties of the Education Council.

(f) Establishment of island councils.

(g) Administrative provisions relating to Education

Council and island councils.

(h) Compensation.

(i) Report.

7515. Program authorized.

(a) General authority.

(b) Administrative costs.

(c) Authorization of appropriations.

7516. Administrative provisions.

(a) Application required.

(b) Special rule.

7517. Definitions.

PART C - ALASKA NATIVE EDUCATION

7541. Short title.

7542. Findings.

7543. Purposes.

7544. Program authorized.

(a) General authority.

(b) Limitation on administrative costs.

(c) Priorities.

(d) Authorization of appropriations.

7545. Administrative provisions.

(a) Application required.

(b) Applications.

(c) Consultation required.

(d) Local educational agency coordination.

7546. Definitions.

SUBCHAPTER VIII - IMPACT AID

7701. Purpose.

7702. Payments relating to Federal acquisition of real property.

(a) In general.

(b) Amount.

(c) Applicability to Tennessee Valley Authority Act.

(d) Ownership by United States.

(e) Local educational agency containing Forest

Service land and serving certain counties.

(f) Special rule.

(g) Former districts.

(h) Payments with respect to fiscal years in which

insufficient funds are appropriated.

(i) Special payments.

(j) Repealed.

(k) Special rule.

(l) Prior year data.

(m) Eligibility.

(n) Loss of eligibility.

7703. Payments for eligible federally connected children.

(a) Computation of payment.

(b) Basic support payments; insufficient

appropriations; State with only one local

educational agency.

(c) Prior year data.

(d) Children with disabilities.

(e) Hold-harmless.

(f) Other funds.

(g) Maintenance of effort.

7703a. Impact aid for children with severe disabilities.

(a) Payments.

(b) Payment amount.

(c) Exclusions.

(d) Ratable reduction.

(e) Report.

(f) Payments subject to appropriation.

(g) Local educational agency defined.

7704. Policies and procedures relating to children residing on

Indian lands.

(a) In general.

(b) Records.

(c) Waiver.

(d) Technical assistance and enforcement.

(e) Complaints.

(f) Construction.

7705. Application for payments under sections 7702 and 7703 of this

title.

(a) In general.

(b) Contents.

(c) Deadline for submission.

(d) Approval.

7706. Repealed.

7707. Construction.

(a) Construction payments authorized.

(b) School facility emergency and modernization

grants authorized.

7708. Facilities.

(a) Current facilities.

(b) Transfer of facilities.

7709. State consideration of payments in providing State aid.

(a) General prohibition.

(b) State equalization plans.

(c) Procedures for review of State equalization

plans.

(d) Treatment of State aid.

(e) Remedies for State violations.

7710. Federal administration.

(a) Payments in whole dollar amounts.

(b) Other agencies.

(c) Special rules.

7711. Administrative hearings and judicial review.

(a) Administrative hearings.

(b) Judicial review of Secretarial action.

7712. Forgiveness of overpayments.

7713. Definitions.

7713a. School facilities for children of Government employees and

other residents in Indian reservations, national parks, and

national monuments.

7714. Authorization of appropriations.

(a) Payments for Federal acquisition of real

property.

(b) Basic payments; payments for heavily impacted

local educational agencies.

(c) Payments for children with disabilities.

(d) Repealed.

(e) Construction.

(f) Facilities maintenance.

SUBCHAPTER IX - GENERAL PROVISIONS

PART A - DEFINITIONS

7801. Definitions.

7802. Applicability of subchapter.

7803. Applicability to Bureau of Indian Affairs operated schools.

PART B - FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

7821. Consolidation of State administrative funds for elementary

and secondary education programs.

(a) Consolidation of administrative funds.

(b) Use of funds.

(c) Records.

(d) Review.

(e) Unused administrative funds.

(f) Consolidation of funds for standards and

assessment development.

7822. Single local educational agency States.

7823. Consolidation of funds for local administration.

(a) General authority.

(b) State procedures.

(c) Conditions.

(d) Uses of administrative funds.

(e) Records.

7824. Consolidated set-aside for Department of the Interior funds.

(a) General authority.

(b) Administration.

PART C - COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL

PLANS AND APPLICATIONS

7841. Purposes.

7842. Optional consolidated State plans or applications.

(a) General authority.

(b) Collaboration.

7843. Consolidated reporting.

(a) In general.

(b) Contents.

(c) Replacement.

7844. General applicability of State educational agency assurances.

(a) Assurances.

(b) GEPA provision.

7845. Consolidated local plans or applications.

(a) General authority.

(b) Required consolidated plans or applications.

(c) Collaboration.

(d) Necessary materials.

7846. Other general assurances.

(a) Assurances.

(b) GEPA provision.

PART D - WAIVERS

7861. Waivers of statutory and regulatory requirements.

(a) In general.

(b) Request for waiver.

(c) Restrictions.

(d) Duration and extension of waiver.

(e) Reports.

(f) Termination of waivers.

(g) Publication.

PART E - UNIFORM PROVISIONS

SUBPART 1 - PRIVATE SCHOOLS

7881. Participation by private school children and teachers.

(a) Private school participation.

(b) Applicability.

(c) Consultation.

(d) Public control of funds.

7882. Standards for by-pass.

(a) In general.

(b) Determination.

7883. Complaint process for participation of private school

children.

(a) Procedures for complaints.

(b) Appeals to Secretary.

7884. By-pass determination process.

(a) Review.

(b) Determination.

(c) Payment from State allotment.

(d) Prior determination.

7885. Prohibition against funds for religious worship or

instruction.

7886. Private, religious, and home schools.

(a) Applicability to nonrecipient private schools.

(b) Applicability to home schools.

(c) Rule of construction on prohibition of Federal

control over nonpublic schools.

(d) Rule of construction on State and local

educational agency mandates.

SUBPART 2 - OTHER PROVISIONS

7901. Maintenance of effort.

(a) In general.

(b) Reduction in case of failure to meet.

(c) Waiver.

7902. Prohibition regarding State aid.

7903. Privacy of assessment results.

7904. School prayer.

(a) Guidance.

(b) Certification.

(c) Enforcement.

7905. Equal access to public school facilities.

(a) Short title.

(b) In general.

(c) Termination of assistance and other action.

(d) Definition and rule.

7906. General prohibitions.

(a) Prohibition.

(b) Local control.

7907. Prohibitions on Federal Government and use of Federal funds.

(a) General prohibition.

(b) Prohibition on endorsement of curriculum.

(c) Prohibition on requiring Federal approval or

certification of standards.

(d) Rule of construction on building standards.

7908. Armed Forces recruiter access to students and student

recruiting information.

(a) Policy.

(b) Notification.

(c) Exception.

(d) Special rule.

7909. Prohibition on federally sponsored testing.

(a) General prohibition.

(b) Exceptions.

7910. Limitations on national testing or certification for

teachers.

(a) Mandatory national testing or certification of

teachers.

(b) Prohibition on withholding funds.

7911. Prohibition on nationwide database.

7912. Unsafe school choice option.

(a) Unsafe school choice policy.

(b) Certification.

7913. Prohibition on discrimination.

7914. Civil rights.

(a) In general.

(b) Rule of construction.

7915. Rulemaking.

7916. Severability.

PART F - EVALUATIONS

7941. Evaluations.

(a) Reservation of funds.

(b) Subchapters I and III excluded.

(c) Evaluation activities authorized elsewhere.

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

PART A - FUND FOR THE IMPROVEMENT OF EDUCATION

8001 to 8007. Repealed.

PART B - GIFTED AND TALENTED CHILDREN

8031 to 8037. Repealed.

PART C - PUBLIC CHARTER SCHOOLS

SUBPART 1 - BASIC CHARTER SCHOOL GRANT PROGRAM

8061 to 8067. Repealed.

SUBPART 2 - CREDIT ENHANCEMENT INITIATIVES TO ASSIST CHARTER SCHOOL

FACILITY ACQUISITION, CONSTRUCTION, AND RENOVATION

8071 to 8071j. Repealed.

PART D - ARTS IN EDUCATION

SUBPART 1 - ARTS EDUCATION

8091. Repealed.

SUBPART 2 - CULTURAL PARTNERSHIPS FOR AT-RISK CHILDREN AND YOUTH

8101 to 8105. Repealed.

PART E - INEXPENSIVE BOOK DISTRIBUTION PROGRAM

8131. Repealed.

PART F - CIVIC EDUCATION

8141 to 8143. Repealed.

PART G - ALLEN J. ELLENDER FELLOWSHIP PROGRAM

8161. Repealed.

SUBPART 1 - PROGRAM FOR MIDDLE AND SECONDARY SCHOOL STUDENTS

8171, 8172. Repealed.

SUBPART 2 - PROGRAM FOR MIDDLE AND SECONDARY SCHOOL TEACHERS

8181, 8182. Repealed.

SUBPART 3 - PROGRAMS FOR RECENT IMMIGRANTS, STUDENTS OF MIGRANT

PARENTS AND OLDER AMERICANS

8191, 8192. Repealed.

SUBPART 4 - GENERAL PROVISIONS

8201, 8202. Repealed.

PART H - DE LUGO TERRITORIAL EDUCATION IMPROVEMENT PROGRAM

8221 to 8224. Repealed.

PART I - 21ST CENTURY COMMUNITY LEARNING CENTERS

8241 to 8247. Repealed.

PART J - URBAN AND RURAL EDUCATION ASSISTANCE

8271, 8272. Repealed.

SUBPART 1 - URBAN EDUCATION DEMONSTRATION GRANTS

8281 to 8284. Repealed.

SUBPART 2 - RURAL EDUCATION INITIATIVE

8291 to 8297. Repealed.

SUBPART 3 - WHITE HOUSE CONFERENCES

8311, 8312. Repealed.

PART K - NATIONAL WRITING PROJECT

8331, 8332. Repealed.

PART L - PHYSICAL EDUCATION FOR PROGRESS

8351 to 8361. Repealed.

PART M - TERRITORIAL ASSISTANCE

8371. Repealed.

SUBCHAPTER XI - COORDINATED SERVICES

8401 to 8407. Repealed.

SUBCHAPTER XII - SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT

8501 to 8513. Repealed.

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

8601, 8602. Repealed.

PART A - COMPREHENSIVE REGIONAL ASSISTANCE CENTERS

8621 to 8625. Transferred.

PART B - NATIONAL DIFFUSION NETWORK

8651, 8652. Transferred.

PART C - EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION

CONSORTIA

8671 to 8678. Transferred.

PART D - TECHNOLOGY-BASED TECHNICAL ASSISTANCE

8701. Transferred.

SUBCHAPTER XIV - GENERAL PROVISIONS

PART A - DEFINITIONS

8801 to 8803. Repealed.

PART B - FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

8821 to 8826. Repealed.

PART C - COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL

PLANS AND APPLICATIONS

8851 to 8857. Repealed.

PART D - WAIVERS

8881. Repealed.

PART E - UNIFORM PROVISIONS

8891 to 8904. Repealed.

PART F - GUN POSSESSION

8921 to 8923. Repealed.

PART G - EVALUATIONS

8941. Repealed.

PART H - SENSE OF CONGRESS

8961, 8962. Repealed.

-COD-

CODIFICATION

The Elementary and Secondary Education Act of 1965, comprising

this chapter, was originally enacted as Pub. L. 89-10, Apr. 11,

1965, 79 Stat. 27, and amended by Pub. L. 89-750, Nov. 3, 1966, 80

Stat. 1191; Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 783; Pub. L.

90-576, title III, Sec. 307, Oct. 16, 1968, 82 Stat. 1097; Pub. L.

91-230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92-318, June 23, 1972,

86 Stat. 235; Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484; Pub. L.

94-193, Sec. 1(c), Dec. 31, 1975, 89 Stat. 1102; Pub. L. 94-273,

Sec. 2(12), 3(8), 49(a)-(c), Apr. 21, 1976, 90 Stat. 375, 376, 382;

Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95-112, Aug.

24, 1977, 91 Stat. 911, and was classified to sections 241a et

seq., 242 et seq., 331 et seq., 821 et seq., and 1801 et seq. of

this title. The Act was subsequently extensively revised and

restated by Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, and

amended by Pub. L. 96-46, Aug. 6, 1979, 93 Stat. 338; Pub. L.

96-88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 96-374, Oct. 3, 1980,

94 Stat. 1367; Pub. L. 96-470, Oct. 19, 1980, 94 Stat. 2237; Pub.

L. 97-35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 98-211, Dec. 8,

1983, 97 Stat. 1412; Pub. L. 98-511, Oct. 19, 1984, 98 Stat. 2366;

Pub. L. 98-524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 99-159, Nov.

22, 1985, 99 Stat. 887, and was classified to section 2701 et seq.

of this title. The Act was subsequently extensively revised and

restated by Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 130, and

amended by Pub. L. 100-569, Oct. 31, 1988, 102 Stat. 2862; Pub. L.

100-570, Oct. 31, 1988, 102 Stat. 2865; Pub. L. 100-690, Nov. 18,

1988, 102 Stat. 4181; Pub. L. 101-226, Dec. 12, 1989, 103 Stat.

1928; Pub. L. 101-250, Mar. 6, 1990, 104 Stat. 96; Pub. L. 101-476,

Oct. 30, 1990, 104 Stat. 1103; Pub. L. 101-589, Nov. 16, 1990, 104

Stat. 2881; Pub. L. 101-600, Nov. 16, 1990, 104 Stat. 3042; Pub. L.

101-647, Nov. 29, 1990, 104 Stat. 4789; Pub. L. 102-62, June 27,

1991, 105 Stat. 305; Pub. L. 102-73, July 25, 1991, 105 Stat. 333;

Pub. L. 102-103, Aug. 17, 1991, 105 Stat. 497; Pub. L. 102-325,

July 23, 1992, 106 Stat. 448; Pub. L. 102-359, Aug. 26, 1992, 106

Stat. 962; Pub. L. 102-545, Oct. 27, 1992, 106 Stat. 3586; Pub. L.

103-227, Mar. 31, 1994, 108 Stat. 125; Pub. L. 103-252, May 18,

1994, 108 Stat. 623, and was classified to section 2701 et seq. of

this title. The Act was subsequently extensively revised and

restated by Pub. L. 103-382, Oct. 20, 1994, 108 Stat. 3518, and

amended by Pub. L. 104-5, Mar. 23, 1995, 109 Stat. 72; Pub. L.

104-106, Feb. 10, 1996, 110 Stat. 186; Pub. L. 104-134, Apr. 26,

1996, 110 Stat. 1321; Pub. L. 104-140, May 2, 1996, 110 Stat. 1327;

Pub. L. 104-193, Aug. 22, 1996, 110 Stat. 2105; Pub. L. 104-195,

Sept. 16, 1996, 110 Stat. 2379; Pub. L. 104-201, Sept. 23, 1996,

110 Stat. 2422; Pub. L. 104-208, Sept. 30, 1996, 110 Stat. 3009;

Pub. L. 105-18, June 12, 1997, 111 Stat. 158; Pub. L. 105-78, Nov.

13, 1997, 111 Stat. 1467; Pub. L. 105-220, Aug. 7, 1998, 112 Stat.

936; Pub. L. 105-244, Oct. 7, 1998, 112 Stat. 1581; Pub. L.

105-277, Oct. 21, 1998, 112 Stat. 2681; Pub. L. 105-278, Oct. 22,

1998, 112 Stat. 2682; Pub. L. 105-332, Oct. 31, 1998, 112 Stat.

3076; Pub. L. 106-78, Oct. 22, 1999, 113 Stat. 1135; Pub. L.

106-113, Nov. 29, 1999, 113 Stat. 1501; Pub. L. 106-398, Oct. 30,

2000, 114 Stat. 1654; Pub. L. 106-400, Oct. 30, 2000, 114 Stat.

1675; Pub. L. 106-554, Dec. 21, 2000, 114 Stat. 2763; Pub. L.

107-20, July 24, 2001, 115 Stat. 155, and is classified to section

6301 et seq. of this title. Titles I to VII and IX of the Act are

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

without reference to such intervening amendments because of the

extensive amendments, renumbering, and reorganization of these

provisions by Pub. L. 107-110.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1228c, 1453, 5891b, 5893,

6143, 9515, 9533, 9543, 9564, 9602, 9607 of this title; title 8

section 1613; title 10 section 503; title 42 sections 2000d-5,

2753, 9832.

-CITE-

20 USC SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT

OF THE DISADVANTAGED 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

.

-HEAD-

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

-COD-

CODIFICATION

Title I 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 I is

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

Sec. 101, Jan. 8, 2002, 115 Stat. 1439, without reference to

earlier amendments because of the extensive revision of the title's

provisions by Pub. L. 107-110. See Codification note preceding this

chapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1087ee, 1087ii, 1401,

1413, 5861, 5891b, 6212, 6641, 6966, 7305a, 7305b, 7424, 7801,

7821, 7907, 7941, 9252, 9563, 9602 of this title; title 8 section

1255a; title 10 sections 1598, 2410; title 25 section 2503; title

29 section 774; title 42 sections 9837a, 11432, 11433, 12524.

-CITE-

20 USC Sec. 6301 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

-HEAD-

Sec. 6301. Statement of purpose

-STATUTE-

The purpose of this subchapter is to ensure that all children

have a fair, equal, and significant opportunity to obtain a

high-quality education and reach, at a minimum, proficiency on

challenging State academic achievement standards and state

(FOOTNOTE 1) academic assessments. This purpose can be

accomplished by -

(FOOTNOTE 1) So in original. Probably should be capitalized.

(1) ensuring that high-quality academic assessments,

accountability systems, teacher preparation and training,

curriculum, and instructional materials are aligned with

challenging State academic standards so that students, teachers,

parents, and administrators can measure progress against common

expectations for student academic achievement;

(2) meeting the educational needs of low-achieving children in

our Nation's highest-poverty schools, limited English proficient

children, migratory children, children with disabilities, Indian

children, neglected or delinquent children, and young children in

need of reading assistance;

(3) closing the achievement gap between high- and

low-performing children, especially the achievement gaps between

minority and nonminority students, and between disadvantaged

children and their more advantaged peers;

(4) holding schools, local educational agencies, and States

accountable for improving the academic achievement of all

students, and identifying and turning around low-performing

schools that have failed to provide a high-quality education to

their students, while providing alternatives to students in such

schools to enable the students to receive a high-quality

education;

(5) distributing and targeting resources sufficiently to make a

difference to local educational agencies and schools where needs

are greatest;

(6) improving and strengthening accountability, teaching, and

learning by using State assessment systems designed to ensure

that students are meeting challenging State academic achievement

and content standards and increasing achievement overall, but

especially for the disadvantaged;

(7) providing greater decisionmaking authority and flexibility

to schools and teachers in exchange for greater responsibility

for student performance;

(8) providing children an enriched and accelerated educational

program, including the use of schoolwide programs or additional

services that increase the amount and quality of instructional

time;

(9) promoting schoolwide reform and ensuring the access of

children to effective, scientifically based instructional

strategies and challenging academic content;

(10) significantly elevating the quality of instruction by

providing staff in participating schools with substantial

opportunities for professional development;

(11) coordinating services under all parts of this subchapter

with each other, with other educational services, and, to the

extent feasible, with other agencies providing services to youth,

children, and families; and

(12) affording parents substantial and meaningful opportunities

to participate in the education of their children.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1001, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1439.)

-MISC1-

PRIOR PROVISIONS

A prior section 6301, Pub. L. 89-10, title I, Sec. 1001, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519,

declared policy and stated purpose of this subchapter, prior to the

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

A prior section 1001 of Pub. L. 89-10 was classified to section

2701 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

Another prior section 1001 of Pub. L. 89-10 was renumbered

section 9001 and was classified to section 3381 of this title,

prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382.

EFFECTIVE DATE

Pub. L. 107-110, Sec. 5, Jan. 8, 2002, 115 Stat. 1427, provided

that:

''(a) In General. - Except as otherwise provided in this Act (see

Tables for classification), this Act, and the amendments made by

this Act, shall be effective upon the date of enactment of this Act

(Jan. 8, 2002).

''(b) Noncompetitive Programs. - With respect to noncompetitive

programs under which any funds are allotted by the Secretary of

Education to recipients on the basis of a formula, this Act, and

the amendments made by this Act, shall take effect on July 1, 2002.

''(c) Competitive Programs. - With respect to programs that are

conducted by the Secretary on a competitive basis, this Act, and

the amendments made by this Act, shall take effect with respect to

appropriations for use under those programs for fiscal year 2002.

''(d) Impact Aid. - With respect to title VIII (Impact Aid)

(probably means title VIII of Pub. L. 89-10, 20 U.S.C. 7701 et

seq.), this Act, and the amendments made by this Act, shall take

effect with respect to appropriations for use under that title for

fiscal year 2002.''

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-110, Sec. 1, Jan. 8, 2002, 115 Stat. 1425, provided

that: ''This title (probably means Pub. L. 107-110, see Tables for

classification) may be cited as the 'No Child Left Behind Act of

2001'.''

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title XVI, Sec. 1601),

Dec. 21, 2000, 114 Stat. 2763, 2763A-328, provided that: ''This

title (amending sections 6302, 6311, 6361 to 6368, 6369b, 6394,

6661a, 6661i, and 8801 of this title and sections 2023 and 2026 of

Title 25, Indians, and enacting provisions set out as a note under

section 6361 of this title) may be cited as the 'Literacy Involves

Families Together Act'.''

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title XVII, Sec. 1701),

Dec. 21, 2000, 114 Stat. 2763, 2763A-335, provided that: ''This

title (enacting part F of subchapter III of this chapter, amending

section 9134 of this title and section 254 of Title 47, Telegraphs,

Telephones, and Radiotelegraphs, and enacting provisions set out as

notes under sections 7001 and 9134 of this title and sections 254,

609, and 902 of Title 47) may be cited as the 'Children's Internet

Protection Act'.''

Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec. 1801), Oct.

30, 2000, 114 Stat. 1654, 1654A-368, provided that: ''This title

(amending sections 1228, 7701 to 7703, 7705, 7707, 7709 to 7713,

and 7714 of this title, repealing section 7706 of this title, and

enacting provisions set out as notes under sections 7701, 7703, and

7711 of this title) may be cited as the 'Impact Aid Reauthorization

Act of 2000'.''

SHORT TITLE OF 1998 AMENDMENTS

Pub. L. 105-278, Sec. 1, Oct. 22, 1998, 112 Stat. 2682, provided

that: ''This Act (enacting sections 8065a to 8065d of this title

and amending sections 7331, 7351, 8061 to 8065, 8066, 8067, and

8801 of this title) may be cited as the 'Charter School Expansion

Act of 1998'.''

Pub. L. 105-277, div. D, title I, Sec. 121, Oct. 21, 1998, 112

Stat. 2681-756, provided that: ''This subtitle (subtitle C (Sec.

121, 122) of title I of Pub. L. 105-277, enacting section 7144 of

this title) may be cited as the 'Drug-Free Schools Quality

Assurance Act'.''

SHORT TITLE OF 1994 AMENDMENTS

Section 1 of Pub. L. 103-382 provided that: ''This Act (see

Tables for classification) may be cited as the 'Improving America's

Schools Act of 1994'.''

Pub. L. 103-227, title X, Sec. 1031, Mar. 31, 1994, 108 Stat.

270, provided that: ''This part (part B (Sec. 1031, 1032) of title

X of Pub. L. 103-227, enacting section 3351 of this title and

amending sections 3381 to 3384 and 3386 of this title) may be cited

as the 'Gun-Free Schools Act of 1994'.''

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-545, Sec. 1, Oct. 27, 1992, 106 Stat. 3586, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Ready to Learn Act'.''

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-103, title I, Sec. 101, Aug. 17, 1991, 105 Stat. 497,

provided that: ''This title (see Tables for classification) may be

cited as the 'National Dropout Prevention Act of 1991'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-600, Sec. 1, Nov. 16, 1990, 104 Stat. 3042, provided

that: ''This Act (see Tables for classification) may be cited as

the 'School Dropout Prevention and Basic Skills Improvement Act of

1990'.''

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-226, Sec. 1, Dec. 12, 1989, 103 Stat. 1928, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Drug-Free Schools and Communities Act Amendments of 1989'.''

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100-569, title II, Sec. 201, Oct. 31, 1988, 102 Stat.

2862, provided that: ''This title (see Tables for classification)

may be cited as the 'National Geography Studies Centers Act'.''

Pub. L. 100-297, Sec. 1(a), Apr. 28, 1988, 102 Stat. 130,

provided that: ''This Act (see Tables for classification) may be

cited as the 'Augustus F. Hawkins-Robert T. Stafford Elementary and

Secondary School Improvement Amendments of 1988'.''

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-511, Sec. 1, Oct. 19, 1984, 98 Stat. 2366, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Education Amendments of 1984'.''

Pub. L. 98-511, title IV, Sec. 401(a), Oct. 19, 1984, 98 Stat.

2389, provided that: ''This title (see Tables for classification)

may be cited as the 'Women's Educational Equity Amendments of

1984'.''

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-561, Sec. 1, Nov. 1, 1978, 92 Stat. 2143, provided:

''That this Act (see Tables for classification) may be cited as the

'Education Amendments of 1978'.''

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-112, Sec. 1, Sept. 24, 1977, 91 Stat. 911, provided:

''That this Act (see Tables for classification) may be cited as the

'Education Amendments of 1977'.''

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-380, Sec. 1, Aug. 21, 1974, 88 Stat. 484, provided:

''That this Act (see Tables for classification) may be cited as the

'Education Amendments of 1974'.''

SHORT TITLE OF 1970 AMENDMENT

Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 121 (see Tables for

classification), is popularly known as the ''Elementary and

Secondary Education Amendments of 1970''.

SHORT TITLE OF 1968 AMENDMENT

Pub. L. 90-247, Sec. 1, Jan. 2, 1968, 81 Stat. 783, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Elementary and Secondary Education Amendments of 1967'.''

SHORT TITLE OF 1966 AMENDMENT

Pub. L. 89-750, Sec. 1, Nov. 3, 1966, 80 Stat. 1191, provided:

''That this Act (see Tables for classification) may be cited as the

'Elementary and Secondary Education Amendments of 1966'.''

SHORT TITLE

Section 1 of Pub. L. 89-10, as added by Pub. L. 103-382, title I,

Sec. 101, Oct. 20, 1994, 108 Stat. 3519, as amended by Pub. L.

107-110, Sec. 6(1), Jan. 8, 2002, 115 Stat. 1427, provided that:

''This Act (enacting this chapter) may be cited as the 'Elementary

and Secondary Education Act of 1965'.''

Pub. L. 89-10, title X, Sec. 10971, as added by Pub. L. 106-554,

Sec. 1(a)(1) (title IX, Sec. 901), Dec. 21, 2000, 114 Stat. 2763,

2763A-89, which provided that subpart 2 (Sec. 10971-10978) of part

J of title X of Pub. L. 89-10, enacting subpart 2 of part J of

former subchapter X of this chapter, could be cited as the ''Rural

Education Achievement Program'', was repealed by Pub. L. 107-110,

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

Pub. L. 89-10, title X, Sec. 10999A, as added by Pub. L. 106-554,

Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114 Stat. 2763,

2763A-76, which provided that part L (Sec. 10999A-10999L) of title

X of Pub. L. 89-10, enacting part L of former subchapter X of this

chapter, could be cited as the ''Physical Education for Progress

Act'', was repealed by Pub. L. 107-110, title X, Sec. 1011(5)(A),

Jan. 8, 2002, 115 Stat. 1986.

CONTINUATION OF AWARDS

Pub. L. 107-110, title II, Sec. 202, Jan. 8, 2002, 115 Stat.

1688, provided that: ''Notwithstanding any other provision of this

Act (see Tables for classification) or the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.), in the case of -

''(1) a person or entity that, prior to the date of enactment

of this Act (Jan. 8, 2002), was awarded funds appropriated under

the Department of Education Appropriations Act, 2001 (Pub. L.

106-554, Sec. 1(a)(1) (title III), see Tables for classification)

for new teacher recruitment initiatives; or

''(2) a person or agency that, prior to the date of enactment

of this Act (Jan. 8, 2002), was awarded a grant or contract under

part K of title X of the Elementary and Secondary Education Act

of 1965 ((formerly) 20 U.S.C. 8331 et seq.),

the Secretary of Education shall continue to provide funds in

accordance with the terms of such award until the date on which the

award period terminates.''

Pub. L. 107-110, title V, Sec. 502, Jan. 8, 2002, 115 Stat. 1873,

provided that:

''(a) In General. - Notwithstanding any other provision of this

Act (see Tables for classification) or the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.), in the case of any

agency or consortium that was awarded a grant under section 5111 of

the Elementary and Secondary Education Act of 1965 ((formerly) 20

U.S.C. 7211) or any person or agency that was awarded a contract or

grant under part B, D, or E of title X of the Elementary and

Secondary Education Act of 1965 ((formerly) 20 U.S.C. 8031 et seq.,

8091 et seq., 8131 et seq.), prior to the date of enactment of this

Act (Jan. 8, 2002), the Secretary of Education shall continue to

provide funds in accordance with the terms of such award until the

date on which the award period terminates under such terms.

''(b) Special Rule. - Notwithstanding any other provision of this

Act, any person or agency that was awarded or entered into a grant,

contract, or cooperative agreement under part B of title V of the

Elementary and Secondary Education Act of 1965 ((formerly) 20

U.S.C. 7231 et seq.), prior to the date of enactment of this Act

(Jan. 8, 2002) shall continue to receive funds in accordance with

the terms of such grant, contract, or agreement until the date on

which the grant, contract, or agreement period terminates under

such terms.''

Pub. L. 107-110, title X, Sec. 1052, Jan. 8, 2002, 115 Stat.

2083, provided that: ''Notwithstanding any other provision of this

Act (see Tables for classification) or the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.), in the case of a

person or entity that was awarded a grant, relating to preparing

tomorrow's teachers to use technology, that was made pursuant to

section 3122 of the Elementary and Secondary Education Act of 1965

((formerly) 20 U.S.C. 6832) prior to the date of enactment of this

Act (Jan. 8, 2002), the Secretary of Education shall continue to

provide funds in accordance with the terms of such award until the

date on which the award period terminates.''

TRANSITION PROVISIONS

Pub. L. 107-110, Sec. 4, Jan. 8, 2002, 115 Stat. 1426, provided

that:

''(a) Multi-Year Awards. - Except as otherwise provided in this

Act (see Tables for classification), the recipient of a multi-year

award under the Elementary and Secondary Education Act of 1965

(Pub. L. 89-10, 20 U.S.C. 6301 et seq., prior to general amendment

by Pub. L. 107-110), as that Act was in effect prior to the date of

enactment of this Act (Jan. 8, 2002), shall continue to receive

funds in accordance with the terms of that award, except that no

additional funds may be awarded after September 30, 2002.

''(b) Planning and Transition. - Notwithstanding any other

provision of law, a recipient of funds under the Elementary and

Secondary Education Act of 1965, as that Act was in effect prior to

the date of enactment of this Act, may use funds available to the

recipient under that predecessor authority to carry out necessary

and reasonable planning and transition activities in order to

ensure an orderly implementation of programs authorized by this

Act, and the amendments made by this Act.

''(c) Orderly Transition. - The Secretary shall take such steps

as are necessary to provide for the orderly transition to, and

implementation of, programs authorized by this Act, and by the

amendments made by this Act, from programs authorized by the

Elementary and Secondary Education Act of 1965, as that Act was in

effect prior to the date of enactment of this Act.''

Pub. L. 103-382, Sec. 3(b), Oct. 20, 1994, 108 Stat. 3519,

provided that: ''Notwithstanding any other provision of law, a

recipient of funds under the Elementary and Secondary Education Act

of 1965 (Pub. L. 89-10, formerly chapter 47 (Sec. 2701 et seq.) of

this title, prior to general amendment by Pub. L. 103-382, Sec.

101), as such Act was in effect on the day preceding the date of

enactment of this Act (Oct. 20, 1994), may use funds available to

such recipient under such predecessor authority to carry out

necessary and reasonable planning and transition activities in

order to ensure a smooth implementation of programs authorized by

this Act (see Tables for classification).''

BUDGET COMPLIANCE

Pub. L. 103-382, title V, Sec. 561, Oct. 20, 1994, 108 Stat.

4058, provided that: ''Any authority or requirement to make funds

available under this Act (see Tables for classification) shall be

effective only to the extent provided in appropriations Acts.''

Pub. L. 100-297, title VI, Sec. 6302, Apr. 28, 1988, 102 Stat.

431, provided that: ''Any new spending authority (within the

meaning of section 401 of the Congressional Budget Act of 1974 (2

U.S.C. 651)) which is provided under this Act (see Tables for

classification) shall be effective for any fiscal year only to the

extent or in such amounts as are provided in appropriation Acts.''

-EXEC-

EX. ORD. NO. 13153. ACTIONS TO IMPROVE LOW-PERFORMING SCHOOLS

Ex. Ord. No. 13153, May 3, 2000, 65 F.R. 26475, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

Elementary and Secondary Education Act of 1965 (ESEA) (20 U.S.C.

6301 et seq.), the Department of Education Appropriations Act, 2000

(as contained in Public Law 106-113) (Pub. L. 106-113, div. B,

Sec. 1000(a)(4) (title III), Nov. 29, 1999, 113 Stat. 1535,

1501A-242, see Tables for classification), and in order to take

actions to improve low-performing schools, it is hereby ordered as

follows:

Section 1. Policy. Since 1993, this Administration has sought to

raise standards for students and to increase accountability in

public education while investing more resources in elementary and

secondary schools. While much has been accomplished - there has

been progress in math and reading achievement, particularly for

low-achieving students and students in our highest poverty schools

- much more can be done, especially for low-performing schools.

Sec. 2. Technical Assistance and Capacity Building. (a) The

Secretary of Education (''Secretary'') shall work with State and

local educational agencies (''LEAs'') to develop and implement a

comprehensive strategy for providing technical assistance and other

assistance to States and LEAs to strengthen their capacity to

improve the performance of schools identified as low performing.

This comprehensive strategy shall include a number of steps, such

as:

(1) providing States, school districts, and schools receiving

funds from the school improvement fund established by Public Law

106-113, as well as other districts and schools identified for

school improvement or corrective action under Title I of the ESEA

(20 U.S.C. 6301 et seq.), with access to the latest research and

information on best practices, including research on instruction

and educator professional development, and with the opportunity

to learn from exemplary schools and exemplary State and local

intervention strategies and from each other, in order to improve

achievement for all students in the low-performing schools;

(2) determining effective ways of providing low-performing

schools with access to resources from other Department of

Education programs, such as funds from the Comprehensive School

Reform Demonstration Program, the Reading Excellence Act (Pub. L.

105-277, div. A, Sec. 101(f) (title VIII), Oct. 21, 1998, 112

Stat. 2681-337, 2681-391, see Tables for classification), the

Eisenhower Professional Development Program, the Class Size

Reduction Program, and the 21st Century Community Learning

Centers Program, and to make effective use of these funds and

Title I funds;

(3) providing States and LEAs with information on effective

strategies to improve the quality of the teaching force,

including strategies for recruiting and retaining highly

qualified teachers in high-poverty schools, and implementing

research-based professional development programs aligned with

challenging standards;

(4) helping States and school districts build partnerships with

technical assistance providers, including, but not limited to,

federally funded laboratories and centers, foundations,

businesses, community-based organizations, institutions of higher

education, reform model providers, and other organizations that

can help local schools improve;

(5) identifying previously low-performing schools that have

made significant achievement gains, and States and school

districts that have been effective in improving the achievement

of all students in low-performing schools, which can serve as

models and resources;

(6) providing assistance and information on how to effectively

involve parents in the school-improvement process, including

effectively involving and informing parents at the beginning of

the school year about improvement goals for their school as well

as the goals for their own children, and reporting on progress

made in achieving these goals;

(7) providing States and LEAs with information on effective

approaches to school accountability, including the effectiveness

of such strategies as school reconstitution, peer review teams,

and financial rewards and incentives;

(8) providing LEAs with information and assistance on the

design and implementation of approaches to choice among public

schools that create incentives for improvement throughout the

local educational agency, especially in the lowest-performing

schools, and that maximize the opportunity of students in

low-performing schools to attend a higher-performing public

school;

(9) exploring the use of well-trained tutors to raise student

achievement through initiatives such as ''America Reads,''

''America Counts,'' and other work-study opportunities to help

low-performing schools;

(10) using a full range of strategies for disseminating

information about effective practices, including interactive

electronic communications;

(11) working with the Department of Interior, Bureau of Indian

Affairs (BIA), to provide technical assistance to BIA-funded

low-performing schools; and

(12) taking other steps that can help improve the quality of

teaching and instruction in low-performing schools.

(b) The Secretary shall, to the extent permitted by law, take

whatever steps the Secretary finds necessary and appropriate to

redirect the resources and technical assistance capability of the

Department of Education (''Department'') to assist States and

localities in improving low-performing schools, and to ensure that

the dissemination of research to help turn around low-performing

schools is a priority of the Department.

Sec. 3. School Improvement Report. To monitor the progress of

LEAs and schools in turning around failing schools, including those

receiving grants from the School Improvement Fund, the Secretary

shall prepare an annual School Improvement Report, to be published

in September of each year, beginning in 2000. The report shall:

(a) describe trends in the numbers of LEAs and schools identified

as needing improvement and subsequent changes in the academic

performance of their students;

(b) identify best practices and significant research findings

that can be used to help turn around low-performing LEAs and

schools; and

(c) document ongoing efforts as a result of this order and other

Federal efforts to assist States and local school districts in

intervening in low-performing schools, including improving teacher

quality. This report shall be publicly accessible.

Sec. 4. Compliance Monitoring System. Consistent with the

implementation of the School Improvement Fund, the Secretary shall

strengthen the Department's monitoring of ESEA requirements for

identifying and turning around low-performing schools, as well as

any new requirements established for the School Improvement Fund by

Public Law 106-113. The Secretary shall give priority to provisions

that have the greatest bearing on identifying and turning around

low-performing schools, including sections 1116 and 1117 of the

ESEA (20 U.S.C. 6316, 6317), and to developing an ongoing, focused,

and systematic process for monitoring these provisions. This

improved compliance monitoring shall be designed to:

(a) ensure that States and LEAs comply with ESEA requirements;

(b) assist States and LEAs in implementing effective procedures

and strategies that reflect the best research available, as well as

the experience of successful schools, school districts, and States

as they address similar objectives and challenges; and

(c) assist States, LEAs, and schools in making the most effective

use of available Federal resources.

Sec. 5. Consultation. The Secretary shall, where appropriate,

consult with executive agencies, State and local education

officials, educators, community-based groups, and others in

carrying out this Executive order.

Sec. 6. Judicial Review. 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. William J. Clinton.

-CROSS-

DEFINITIONS

Pub. L. 100-297, title VI, Sec. 6301, Apr. 28, 1988, 102 Stat.

431, provided that: ''Except as otherwise provided, for the purpose

of this Act (see Tables for classification) the terms used in this

Act have the meanings provided under section 1471 of chapter 1 of

title I of the Elementary and Secondary Education Act of 1965

(formerly 20 U.S.C. 2891).''

-CITE-

20 USC Sec. 6302 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

-HEAD-

Sec. 6302. Authorization of appropriations

-STATUTE-

(a) Local educational agency grants

For the purpose of carrying out part A of this subchapter, there

are authorized to be appropriated -

(1) $13,500,000,000 for fiscal year 2002;

(2) $16,000,000,000 for fiscal year 2003;

(3) $18,500,000,000 for fiscal year 2004;

(4) $20,500,000,000 for fiscal year 2005;

(5) $22,750,000,000 for fiscal year 2006; and

(6) $25,000,000,000 for fiscal year 2007.

(b) Reading First

(1) Reading First

For the purpose of carrying out subpart 1 of part B of this

subchapter, there are authorized to be appropriated $900,000,000

for fiscal year 2002 and such sums as may be necessary for each

of the 5 succeeding fiscal years.

(2) Early Reading First

For the purpose of carrying out subpart 2 of part B of this

subchapter, there are authorized to be appropriated $75,000,000

for fiscal year 2002 and such sums as may be necessary for each

of the 5 succeeding fiscal years.

(3) Even Start

For the purpose of carrying out subpart 3 of part B of this

subchapter, there are authorized to be appropriated $260,000,000

for fiscal year 2002 and such sums as may be necessary for each

of the 5 succeeding fiscal years.

(4) Improving literacy through school libraries

For the purpose of carrying out subpart 4 of part B of this

subchapter, there are authorized to be appropriated $250,000,000

for fiscal year 2002 and such sums as may be necessary for each

of the 5 succeeding fiscal years.

(c) Education of migratory children

For the purpose of carrying out part C of this subchapter, there

are authorized to be appropriated $410,000,000 for fiscal year 2002

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

fiscal years.

(d) Prevention and intervention programs for youth who are

neglected, delinquent, or at risk

For the purpose of carrying out part D of this subchapter, there

are authorized to be appropriated $50,000,000 for fiscal year 2002

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

fiscal years.

(e) Federal activities

(1) Sections 6491 and 6492

For the purpose of carrying out sections 6491 and 6492 of this

title, there are authorized to be appropriated such sums as may

be necessary for fiscal year 2002 and each of the 5 succeeding

fiscal years.

(2) Section 6494

(A) In general

For the purpose of carrying out section 6494 of this title,

there are authorized to be appropriated such sums as may be

necessary for fiscal year 2002 and for each of the 5 succeeding

fiscal years.

(B) Special rule

Of the funds appropriated pursuant to subparagraph (A), not

more than 30 percent may be used for teachers associated with

students participating in the programs described in subsections

(a)(1), (b)(1), and (c)(1) of this section.

(f) Comprehensive school reform

For the purpose of carrying out part F of this subchapter, there

are authorized to be appropriated such sums as may be necessary for

fiscal year 2002 and each of the 5 succeeding fiscal years.

(g) Advanced placement

For the purposes of carrying out part G of this subchapter, there

are authorized to be appropriated such sums for fiscal year 2002

and each 5 succeeding fiscal year.

(h) School dropout prevention

For the purpose of carrying out part H of this subchapter, 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, of which -

(1) up to 10 percent shall be available to carry out subpart 1

of part H of this subchapter for each fiscal year; and

(2) the remainder shall be available to carry out subpart 2 of

part H of this subchapter for each fiscal year.

(i) School improvement

For the purpose of carrying out section 6303(g) of this title,

there are authorized to be appropriated $500,000,000 for fiscal

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

succeeding fiscal years.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1002, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1440.)

-MISC1-

PRIOR PROVISIONS

A prior section 6302, Pub. L. 89-10, title I, Sec. 1002, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3522;

amended Pub. L. 106-554, Sec. 1(a)(4) (div. B, title XVI, Sec.

1602), Dec. 21, 2000, 114 Stat. 2763, 2763A-328, authorized

appropriations, prior to the general amendment of this subchapter

by Pub. L. 107-110.

A prior section 1002 of Pub. L. 89-10 was renumbered section 9002

and was classified to section 3382 of this title, prior to the

general amendment of Pub. L. 89-10 by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6331, 6332, 6362, 6372,

6376, 6381a, 6383, 6421, 6491, 6492, 6512, 6533, 6649 of this

title.

-CITE-

20 USC Sec. 6303 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

-HEAD-

Sec. 6303. School improvement

-STATUTE-

(a) State reservations

Each State shall reserve 2 percent of the amount the State

receives under subpart 2 of part A of this subchapter for fiscal

years 2002 and 2003, and 4 percent of the amount received under

such subpart for fiscal years 2004 through 2007, to carry out

subsection (b) of this section and to carry out the State's

responsibilities under sections 6316 and 6317 of this title,

including carrying out the State educational agency's statewide

system of technical assistance and support for local educational

agencies.

(b) Uses

Of the amount reserved under subsection (a) of this section for

any fiscal year, the State educational agency -

(1) shall allocate not less than 95 percent of that amount

directly to local educational agencies for schools identified for

school improvement, corrective action, and restructuring, for

activities under section 6316(b) of this title; or

(2) may, with the approval of the local educational agency,

directly provide for these activities or arrange for their

provision through other entities such as school support teams or

educational service agencies.

(c) Priority

The State educational agency, in allocating funds to local

educational agencies under this section, shall give priority to

local educational agencies that -

(1) serve the lowest-achieving schools;

(2) demonstrate the greatest need for such funds; and

(3) demonstrate the strongest commitment to ensuring that such

funds are used to enable the lowest-achieving schools to meet the

progress goals in school improvement plans under section

6316(b)(3)(A)(v) of this title.

(d) Unused funds

If, after consultation with local educational agencies in the

State, the State educational agency determines that the amount of

funds reserved to carry out subsection (b) of this section is

greater than the amount needed to provide the assistance described

in that subsection, the State educational agency shall allocate the

excess amount to local educational agencies in accordance with -

(1) the relative allocations the State educational agency made

to those agencies for that fiscal year under subpart 2 of part A

of this subchapter; or

(2) section 6338(c) of this title.

(e) Special rule

Notwithstanding any other provision of this section, the amount

of funds reserved by the State educational agency under subsection

(a) of this section in any fiscal year shall not decrease the

amount of funds each local educational agency receives under

subpart 2 (FOOTNOTE 1) below the amount received by such local

educational agency under such subpart for the preceding fiscal

year.

(FOOTNOTE 1) So in original. Probably should be ''subpart 2 of

part A of this subchapter''.

(f) Reporting

The State educational agency shall make publicly available a list

of those schools that have received funds or services pursuant to

subsection (b) of this section and the percentage of students from

each school from families with incomes below the poverty line.

(g) Assistance for local school improvement

(1) Program authorized

The Secretary shall award grants to States to enable the States

to provide subgrants to local educational agencies for the

purpose of providing assistance for school improvement consistent

with section 6316 of this title.

(2) State allotments

Such grants shall be allotted among States, the Bureau of

Indian Affairs, and the outlying areas, in proportion to the

funds received by the States, the Bureau of Indian Affairs, and

the outlying areas, respectively, for the fiscal year under parts

A, C, and D of this subchapter. The Secretary shall

expeditiously allot a portion of such funds to States for the

purpose of assisting local educational agencies and schools that

were in school improvement status on the date preceding January

8, 2002.

(3) Reallocations

If a State does not receive funds under this subsection, the

Secretary shall reallocate such funds to other States in the same

proportion funds are allocated under paragraph (2).

(4) State applications

Each State educational agency that desires to receive funds

under this subsection shall submit an application to the

Secretary at such time, and containing such information, as the

Secretary shall reasonably require, except that such requirement

shall be waived if a State educational agency submitted such

information as part of its State plan under this part. Each

State application shall describe how the State educational agency

will allocate such funds in order to assist the State educational

agency and local educational agencies in complying with school

improvement, corrective action, and restructuring requirements of

section 6316 of this title.

(5) Local educational agency grants

A grant to a local educational agency under this subsection

shall be -

(A) of sufficient size and scope to support the activities

required under sections 6316 and 6317 of this title, but not

less than $50,000 and not more than $500,000 for each

participating school;

(B) integrated with other funds awarded by the State under

this chapter; and

(C) renewable for two additional 1-year periods if schools

are meeting the goals in their school improvement plans

developed under section 6316 of this title.

(6) Priority

The State, in awarding such grants, shall give priority to

local educational agencies with the lowest-achieving schools that

demonstrate -

(A) the greatest need for such funds; and

(B) the strongest commitment to ensuring that such funds are

used to provide adequate resources to enable the

lowest-achieving schools to meet the goals under school and

local educational agency improvement, corrective action, and

restructuring plans under section 6316 of this title.

(7) Allocation

A State educational agency that receives a grant under this

subsection shall allocate at least 95 percent of the grant funds

directly to local educational agencies for schools identified for

school improvement, corrective action, or restructuring to carry

out activities under section 6316(b) of this title, or may, with

the approval of the local educational agency, directly provide

for these activities or arrange for their provision through other

entities such as school support teams or educational service

agencies.

(8) Administrative costs

A State educational agency that receives a grant award under

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

funds for administration, evaluation, and technical assistance

expenses.

(9) Local awards

Each local educational agency that applies for assistance under

this subsection shall describe how it will provide the

lowest-achieving schools the resources necessary to meet goals

under school and local educational agency improvement, corrective

action, and restructuring plans under section 6316 of this title.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1003, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1442.)

-MISC1-

PRIOR PROVISIONS

A prior section 6303, Pub. L. 89-10, title I, Sec. 1003, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3522,

related to reservation and allocation for school improvement, prior

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

A prior section 1003 of Pub. L. 89-10 was renumbered section 9003

and was classified to section 3383 of this title, prior to the

general amendment of Pub. L. 89-10 by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6302, 6317, 7305b of this

title.

-CITE-

20 USC Sec. 6304 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

-HEAD-

Sec. 6304. State administration

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, to carry

out administrative duties assigned under parts A, C, and D of this

subchapter, each State may reserve the greater of -

(1) 1 percent of the amounts received under such parts; or

(2) $400,000 ($50,000 in the case of each outlying area).

(b) Exception

If the sum of the amounts appropriated for parts A, C, and D of

this subchapter is equal to or greater than $14,000,000,000, then

the reservation described in subsection (a)(1) of this section

shall not exceed 1 percent of the amount the State would receive,

if $14,000,000,000 were allocated among the States for parts A, C,

and D of this subchapter.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1004, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1444.)

-MISC1-

PRIOR PROVISIONS

A prior section 1004 of Pub. L. 89-10 was renumbered section 9004

and was classified to section 3384 of this title, prior to the

general amendment of Pub. L. 89-10 by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6317, 7315a of this

title.

-CITE-

20 USC Part A - Improving Basic Programs Operated by

Local Educational Agencies 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

.

-HEAD-

Part A - Improving Basic Programs Operated by Local Educational

Agencies

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1401, 5891b, 6302, 6303,

6304, 6362, 6381a, 6381e, 6381g, 6383, 6394, 6396, 6422, 6491,

6514, 6515, 6516, 6561a, 6561e, 6574, 6622, 6641, 6672, 6761, 6762,

6965, 7114, 7174, 7221e, 7221f, 7255b, 7255c, 7255f, 7257a, 7273e,

7279b, 7301a, 7305b, 7345, 7345a, 7351a, 7713, 7801, 7861 of this

title; title 31 section 6703; title 42 section 1862n.

-CITE-

20 USC subpart 1 - basic program requirements 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

.

-HEAD-

subpart 1 - basic program requirements

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 7011, 7325 of this title.

-CITE-

20 USC Sec. 6311 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6311. State plans

-STATUTE-

(a) Plans required

(1) In general

For any State desiring to receive a grant under this part, the

State educational agency shall submit to the Secretary a plan,

developed by the State educational agency, in consultation with

local educational agencies, teachers, principals, pupil services

personnel, administrators (including administrators of programs

described in other parts of this subchapter), other staff, and

parents, that satisfies the requirements of this section and that

is coordinated with other programs under this chapter, the

Individuals with Disabilities Education Act (20 U.S.C. 1400 et

seq.), the Carl D. Perkins Vocational and Technical Education Act

of 1998 (20 U.S.C. 2301 et seq.), the Head Start Act (42 U.S.C.

9831 et seq.), the Adult Education and Family Literacy Act (20

U.S.C. 9201 et seq.), and the McKinney-Vento Homeless Assistance

Act (42 U.S.C. 11301 et seq.).

(2) Consolidated plan

A State plan submitted under paragraph (1) may be submitted as

part of a consolidated plan under section 7842 of this title.

(b) Academic standards, academic assessments, and accountability

(1) Challenging academic standards

(A) In general

Each State plan shall demonstrate that the State has adopted

challenging academic content standards and challenging student

academic achievement standards that will be used by the State,

its local educational agencies, and its schools to carry out

this part, except that a State shall not be required to submit

such standards to the Secretary.

(B) Same standards

The academic standards required by subparagraph (A) shall be

the same academic standards that the State applies to all

schools and children in the State.

(C) Subjects

The State shall have such academic standards for all public

elementary school and secondary school children, including

children served under this part, in subjects determined by the

State, but including at least mathematics, reading or language

arts, and (beginning in the 2005-2006 school year) science,

which shall include the same knowledge, skills, and levels of

achievement expected of all children.

(D) Challenging academic standards

Standards under this paragraph shall include -

(i) challenging academic content standards in academic

subjects that -

(I) specify what children are expected to know and be

able to do;

(II) contain coherent and rigorous content; and

(III) encourage the teaching of advanced skills; and

(ii) challenging student academic achievement standards

that -

(I) are aligned with the State's academic content

standards;

(II) describe two levels of high achievement (proficient

and advanced) that determine how well children are

mastering the material in the State academic content

standards; and

(III) describe a third level of achievement (basic) to

provide complete information about the progress of the

lower-achieving children toward mastering the proficient

and advanced levels of achievement.

(E) Information

For the subjects in which students will be served under this

part, but for which a State is not required by subparagraphs

(A), (B), and (C) to develop, and has not otherwise developed,

such academic standards, the State plan shall describe a

strategy for ensuring that students are taught the same

knowledge and skills in such subjects and held to the same

expectations as are all children.

(F) Existing standards

Nothing in this part shall prohibit a State from revising,

consistent with this section, any standard adopted under this

part before or after January 8, 2002.

(2) Accountability

(A) In general

Each State plan shall demonstrate that the State has

developed and is implementing a single, statewide State

accountability system that will be effective in ensuring that

all local educational agencies, public elementary schools, and

public secondary schools make adequate yearly progress as

defined under this paragraph. Each State accountability system

shall -

(i) be based on the academic standards and academic

assessments adopted under paragraphs (1) and (3), and other

academic indicators consistent with subparagraph (C)(vi) and

(vii), and shall take into account the achievement of all

public elementary school and secondary school students;

(ii) be the same accountability system the State uses for

all public elementary schools and secondary schools or all

local educational agencies in the State, except that public

elementary schools, secondary schools, and local educational

agencies not participating under this part are not subject to

the requirements of section 6316 of this title; and

(iii) include sanctions and rewards, such as bonuses and

recognition, the State will use to hold local educational

agencies and public elementary schools and secondary schools

accountable for student achievement and for ensuring that

they make adequate yearly progress in accordance with the

State's definition under subparagraphs (B) and (C).

(B) Adequate yearly progress

Each State plan shall demonstrate, based on academic

assessments described in paragraph (3), and in accordance with

this paragraph, what constitutes adequate yearly progress of

the State, and of all public elementary schools, secondary

schools, and local educational agencies in the State, toward

enabling all public elementary school and secondary school

students to meet the State's student academic achievement

standards, while working toward the goal of narrowing the

achievement gaps in the State, local educational agencies, and

schools.

(C) Definition

''Adequate yearly progress'' shall be defined by the State in

a manner that -

(i) applies the same high standards of academic achievement

to all public elementary school and secondary school students

in the State;

(ii) is statistically valid and reliable;

(iii) results in continuous and substantial academic

improvement for all students;

(iv) measures the progress of public elementary schools,

secondary schools and local educational agencies and the

State based primarily on the academic assessments described

in paragraph (3);

(v) includes separate measurable annual objectives for

continuous and substantial improvement for each of the

following:

(I) The achievement of all public elementary school and

secondary school students.

(II) The achievement of -

(aa) economically disadvantaged students;

(bb) students from major racial and ethnic groups;

(cc) students with disabilities; and

(dd) students with limited English proficiency;

except that disaggregation of data under subclause (II) shall

not be required in a case in which the number of students

in a category is insufficient to yield statistically

reliable information or the results would reveal personally

identifiable information about an individual student;

(vi) in accordance with subparagraph (D), includes

graduation rates for public secondary school students

(defined as the percentage of students who graduate from

secondary school with a regular diploma in the standard

number of years) and at least one other academic indicator,

as determined by the State for all public elementary school

students; and

(vii) in accordance with subparagraph (D), at the State's

discretion, may also include other academic indicators, as

determined by the State for all public school students,

measured separately for each group described in clause (v),

such as achievement on additional State or locally

administered assessments, decreases in grade-to-grade

retention rates, attendance rates, and changes in the

percentages of students completing gifted and talented,

advanced placement, and college preparatory courses.

(D) Requirements for other indicators

In carrying out subparagraph (C)(vi) and (vii), the State -

(i) shall ensure that the indicators described in those

provisions are valid and reliable, and are consistent with

relevant, nationally recognized professional and technical

standards, if any; and

(ii) except as provided in subparagraph (I)(i), may not use

those indicators to reduce the number of, or change, the

schools that would otherwise be subject to school

improvement, corrective action, or restructuring under

section 6316 of this title if those additional indicators

were not used, but may use them to identify additional

schools for school improvement or in need of corrective

action or restructuring.

(E) Starting point

Each State, using data for the 2001-2002 school year, shall

establish the starting point for measuring, under subparagraphs

(G) and (H), the percentage of students meeting or exceeding

the State's proficient level of academic achievement on the

State assessments under paragraph (3) and pursuant to the

timeline described in subparagraph (F). The starting point

shall be, at a minimum, based on the higher of the percentage

of students at the proficient level who are in -

(i) the State's lowest achieving group of students

described in subparagraph (C)(v)(II); or

(ii) the school at the 20th percentile in the State, based

on enrollment, among all schools ranked by the percentage of

students at the proficient level.

(F) Timeline

Each State shall establish a timeline for adequate yearly

progress. The timeline shall ensure that not later than 12

years after the end of the 2001-2002 school year, all students

in each group described in subparagraph (C)(v) will meet or

exceed the State's proficient level of academic achievement on

the State assessments under paragraph (3).

(G) Measurable objectives

Each State shall establish statewide annual measurable

objectives, pursuant to subparagraph (C)(v), for meeting the

requirements of this paragraph, and which -

(i) shall be set separately for the assessments of

mathematics and reading or language arts under subsection

(a)(3) of this section;

(ii) shall be the same for all schools and local

educational agencies in the State;

(iii) shall identify a single minimum percentage of

students who are required to meet or exceed the proficient

level on the academic assessments that applies separately to

each group of students described in subparagraph (C)(v);

(iv) shall ensure that all students will meet or exceed the

State's proficient level of academic achievement on the State

assessments within the State's timeline under subparagraph

(F); and

(v) may be the same for more than 1 year, subject to the

requirements of subparagraph (H).

(H) Intermediate goals for annual yearly progress

Each State shall establish intermediate goals for meeting the

requirements, including the measurable objectives in

subparagraph (G), of this paragraph and that shall -

(i) increase in equal increments over the period covered by

the State's timeline under subparagraph (F);

(ii) provide for the first increase to occur in not more

than 2 years; and

(iii) provide for each following increase to occur in not

more than 3 years.

(I) Annual improvement for schools

Each year, for a school to make adequate yearly progress

under this paragraph -

(i) each group of students described in subparagraph (C)(v)

must meet or exceed the objectives set by the State under

subparagraph (G), except that if any group described in

subparagraph (C)(v) does not meet those objectives in any

particular year, the school shall be considered to have made

adequate yearly progress if the percentage of students in

that group who did not meet or exceed the proficient level of

academic achievement on the State assessments under paragraph

(3) for that year decreased by 10 percent of that percentage

from the preceding school year and that group made progress

on one or more of the academic indicators described in

subparagraph (C)(vi) or (vii); and

(ii) not less than 95 percent of each group of students

described in subparagraph (C)(v) who are enrolled in the

school are required to take the assessments, consistent with

paragraph (3)(C)(xi) and with accommodations, guidelines, and

alternative assessments provided in the same manner as those

provided under section 612(a)(17)(A) of the Individuals with

Disabilities Education Act (20 U.S.C. 1412(a)(17)(A)) and

paragraph (3), on which adequate yearly progress is based

(except that the 95 percent requirement described in this

clause shall not apply in a case in which the number of

students in a category is insufficient to yield statistically

reliable information or the results would reveal personally

identifiable information about an individual student).

(J) Uniform averaging procedure

For the purpose of determining whether schools are making

adequate yearly progress, the State may establish a uniform

procedure for averaging data which includes one or more of the

following:

(i) The State may average data from the school year for

which the determination is made with data from one or two

school years immediately preceding that school year.

(ii) Until the assessments described in paragraph (3) are

administered in such manner and time to allow for the

implementation of the uniform procedure for averaging data

described in clause (i), the State may use the academic

assessments that were required under paragraph (3) as that

paragraph was in effect on the day preceding January 8, 2002,

provided that nothing in this clause shall be construed to

undermine or delay the determination of adequate yearly

progress, the requirements of section 6316 of this title, or

the implementation of assessments under this section.

(iii) The State may use data across grades in a school.

(K) Accountability for charter schools

The accountability provisions under this chapter shall be

overseen for charter schools in accordance with State charter

school law.

(3) Academic assessments

(A) In general

Each State plan shall demonstrate that the State educational

agency, in consultation with local educational agencies, has

implemented a set of high-quality, yearly student academic

assessments that include, at a minimum, academic assessments in

mathematics, reading or language arts, and science that will be

used as the primary means of determining the yearly performance

of the State and of each local educational agency and school in

the State in enabling all children to meet the State's

challenging student academic achievement standards, except that

no State shall be required to meet the requirements of this

part relating to science assessments until the beginning of the

2007-2008 school year.

(B) Use of assessments

Each State educational agency may incorporate the data from

the assessments under this paragraph into a State-developed

longitudinal data system that links student test scores, length

of enrollment, and graduation records over time.

(C) Requirements

Such assessments shall -

(i) be the same academic assessments used to measure the

achievement of all children;

(ii) be aligned with the State's challenging academic

content and student academic achievement standards, and

provide coherent information about student attainment of such

standards;

(iii) be used for purposes for which such assessments are

valid and reliable, and be consistent with relevant,

nationally recognized professional and technical standards;

(iv) be used only if the State educational agency provides

to the Secretary evidence from the test publisher or other

relevant sources that the assessments used are of adequate

technical quality for each purpose required under this

chapter and are consistent with the requirements of this

section, and such evidence is made public by the Secretary

upon request;

(v)(I) except as otherwise provided for grades 3 through 8

under clause vii, measure the proficiency of students in, at

a minimum, mathematics and reading or language arts, and be

administered not less than once during -

(aa) grades 3 through 5;

(bb) grades 6 through 9; and

(cc) grades 10 through 12;

(II) beginning not later than school year 2007-2008,

measure the proficiency of all students in science and be

administered not less than one time during -

(aa) grades 3 through 5;

(bb) grades 6 through 9; and

(cc) grades 10 through 12;

(vi) involve multiple up-to-date measures of student

academic achievement, including measures that assess

higher-order thinking skills and understanding;

(vii) beginning not later than school year 2005-2006,

measure the achievement of students against the challenging

State academic content and student academic achievement

standards in each of grades 3 through 8 in, at a minimum,

mathematics, and reading or language arts, except that the

Secretary may provide the State 1 additional year if the

State demonstrates that exceptional or uncontrollable

circumstances, such as a natural disaster or a precipitous

and unforeseen decline in the financial resources of the

State, prevented full implementation of the academic

assessments by that deadline and that the State will complete

implementation within the additional 1-year period;

(viii) at the discretion of the State, measure the

proficiency of students in academic subjects not described in

clauses (v), (vi), (vii) in which the State has adopted

challenging academic content and academic achievement

standards;

(ix) provide for -

(I) the participation in such assessments of all

students;

(II) the reasonable adaptations and accommodations for

students with disabilities (as defined under section 602(3)

of the Individuals with Disabilities Education Act (20

U.S.C. 1401(3))) necessary to measure the academic

achievement of such students relative to State academic

content and State student academic achievement standards;

and

(III) the inclusion of limited English proficient

students, who shall be assessed in a valid and reliable

manner and provided reasonable accommodations on

assessments administered to such students under this

paragraph, including, to the extent practicable,

assessments in the language and form most likely to yield

accurate data on what such students know and can do in

academic content areas, until such students have achieved

English language proficiency as determined under paragraph

(7);

(x) notwithstanding subclause (III), the academic

assessment (using tests written in English) of reading or

language arts of any student who has attended school in the

United States (not including Puerto Rico) for three or more

consecutive school years, except that if the local

educational agency determines, on a case-by-case individual

basis, that academic assessments in another language or form

would likely yield more accurate and reliable information on

what such student knows and can do, the local educational

agency may make a determination to assess such student in the

appropriate language other than English for a period that

does not exceed two additional consecutive years, provided

that such student has not yet reached a level of English

language proficiency sufficient to yield valid and reliable

information on what such student knows and can do on tests

(written in English) of reading or language arts;

(xi) include students who have attended schools in a local

educational agency for a full academic year but have not

attended a single school for a full academic year, except

that the performance of students who have attended more than

1 school in the local educational agency in any academic year

shall be used only in determining the progress of the local

educational agency;

(xii) produce individual student interpretive, descriptive,

and diagnostic reports, consistent with clause (iii) that

allow parents, teachers, and principals to understand and

address the specific academic needs of students, and include

information regarding achievement on academic assessments

aligned with State academic achievement standards, and that

are provided to parents, teachers, and principals, as soon as

is practicably possible after the assessment is given, in an

understandable and uniform format, and to the extent

practicable, in a language that parents can understand;

(xiii) enable results to be disaggregated within each

State, local educational agency, and school by gender, by

each major racial and ethnic group, by English proficiency

status, by migrant status, by students with disabilities as

compared to nondisabled students, and by economically

disadvantaged students as compared to students who are not

economically disadvantaged, except that, in the case of a

local educational agency or a school, such disaggregation

shall not be required in a case in which the number of

students in a category is insufficient to yield statistically

reliable information or the results would reveal personally

identifiable information about an individual student;

(xiv) be consistent with widely accepted professional

testing standards, objectively measure academic achievement,

knowledge, and skills, and be tests that do not evaluate or

assess personal or family beliefs and attitudes, or publicly

disclose personally identifiable information; and

(xv) enable itemized score analyses to be produced and

reported, consistent with clause (iii), to local educational

agencies and schools, so that parents, teachers, principals,

and administrators can interpret and address the specific

academic needs of students as indicated by the students'

achievement on assessment items.

(D) Deferral

A State may defer the commencement, or suspend the

administration, but not cease the development, of the

assessments described in this paragraph, that were not required

prior to January 8, 2002, for 1 year for each year for which

the amount appropriated for grants under section 7301b(a)(2) of

this title is less than -

(i) $370,000,000 for fiscal year 2002;

(ii) $380,000,000 for fiscal year 2003;

(iii) $390,000,000 for fiscal year 2004; and

(iv) $400,000,000 for fiscal years 2005 through 2007.

(4) Special rule

Academic assessment measures in addition to those in paragraph

(3) that do not meet the requirements of such paragraph may be

included in the assessment under paragraph (3) as additional

measures, but may not be used in lieu of the academic assessments

required under paragraph (3). Such additional assessment measures

may not be used to reduce the number of or change, the schools

that would otherwise be subject to school improvement, corrective

action, or restructuring under section 6316 of this title if such

additional indicators were not used, but may be used to identify

additional schools for school improvement or in need of

corrective action or restructuring except as provided in

paragraph (2)(I)(i).

(5) State authority

If a State educational agency provides evidence, which is

satisfactory to the Secretary, that neither the State educational

agency nor any other State government official, agency, or entity

has sufficient authority, under State law, to adopt curriculum

content and student academic achievement standards, and academic

assessments aligned with such academic standards, which will be

applicable to all students enrolled in the State's public

elementary schools and secondary schools, then the State

educational agency may meet the requirements of this subsection

by -

(A) adopting academic standards and academic assessments that

meet the requirements of this subsection, on a statewide basis,

and limiting their applicability to students served under this

part; or

(B) adopting and implementing policies that ensure that each

local educational agency in the State that receives grants

under this part will adopt curriculum content and student

academic achievement standards, and academic assessments

aligned with such standards, which -

(i) meet all of the criteria in this subsection and any

regulations regarding such standards and assessments that the

Secretary may publish; and

(ii) are applicable to all students served by each such

local educational agency.

(6) Language assessments

Each State plan shall identify the languages other than English

that are present in the participating student population and

indicate the languages for which yearly student academic

assessments are not available and are needed. The State shall

make every effort to develop such assessments and may request

assistance from the Secretary if linguistically accessible

academic assessment measures are needed. Upon request, the

Secretary shall assist with the identification of appropriate

academic assessment measures in the needed languages, but shall

not mandate a specific academic assessment or mode of

instruction.

(7) Academic assessments of English language proficiency

Each State plan shall demonstrate that local educational

agencies in the State will, beginning not later than school year

2002-2003, provide for an annual assessment of English

proficiency (measuring students' oral language, reading, and

writing skills in English) of all students with limited English

proficiency in the schools served by the State educational

agency, except that the Secretary may provide the State 1

additional year if the State demonstrates that exceptional or

uncontrollable circumstances, such as a natural disaster or a

precipitous and unforeseen decline in the financial resources of

the State, prevented full implementation of this paragraph by

that deadline and that the State will complete implementation

within the additional 1-year period.

(8) Requirement

Each State plan shall describe -

(A) how the State educational agency will assist each local

educational agency and school affected by the State plan to

develop the capacity to comply with each of the requirements of

sections 6312(c)(1)(D), 6314(b), and 6315(c) of this title that

is applicable to such agency or school;

(B) how the State educational agency will assist each local

educational agency and school affected by the State plan to

provide additional educational assistance to individual

students assessed as needing help to achieve the State's

challenging academic achievement standards;

(C) the specific steps the State educational agency will take

to ensure that both schoolwide programs and targeted assistance

schools provide instruction by highly qualified instructional

staff as required by sections 6314(b)(1)(C) and 6315(c)(1)(E)

of this title, including steps that the State educational

agency will take to ensure that poor and minority children are

not taught at higher rates than other children by

inexperienced, unqualified, or out-of-field teachers, and the

measures that the State educational agency will use to evaluate

and publicly report the progress of the State educational

agency with respect to such steps;

(D) an assurance that the State educational agency will

assist local educational agencies in developing or identifying

high-quality effective curricula aligned with State academic

achievement standards and how the State educational agency will

disseminate such curricula to each local educational agency and

school within the State; and

(E) such other factors the State educational agency

determines appropriate to provide students an opportunity to

achieve the knowledge and skills described in the challenging

academic content standards adopted by the State.

(9) Factors affecting student achievement

Each State plan shall include an assurance that the State

educational agency will coordinate and collaborate, to the extent

feasible and necessary as determined by the State educational

agency, with agencies providing services to children, youth, and

families, with respect to local educational agencies within the

State that are identified under section 6316 of this title and

that request assistance with addressing major factors that have

significantly affected the academic achievement of students in

the local educational agency or schools served by such agency.

(10) Use of academic assessment results to improve student

academic achievement

Each State plan shall describe how the State educational agency

will ensure that the results of the State assessments described

in paragraph (3) -

(A) will be promptly provided to local educational agencies,

schools, and teachers in a manner that is clear and easy to

understand, but not later than before the beginning of the next

school year; and

(B) be used by those local educational agencies, schools, and

teachers to improve the educational achievement of individual

students.

(c) Other provisions to support teaching and learning

Each State plan shall contain assurances that -

(1) the State educational agency will meet the requirements of

subsection (h)(1) of this section and, beginning with the

2002-2003 school year, will produce the annual State report cards

described in such subsection, except that the Secretary may

provide the State educational agency 1 additional year if the

State educational agency demonstrates that exceptional or

uncontrollable circumstances, such as a natural disaster or a

precipitous and unforeseen decline in the financial resources of

the State, prevented full implementation of this paragraph by

that deadline and that the State will complete implementation

within the additional 1-year period;

(2) the State will, beginning in school year 2002-2003,

participate in biennial State academic assessments of 4th and 8th

grade reading and mathematics under the National Assessment of

Educational Progress carried out under section 9622(b)(2) of this

title if the Secretary pays the costs of administering such

assessments;

(3) the State educational agency, in consultation with the

Governor, will include, as a component of the State plan, a plan

to carry out the responsibilities of the State under sections

6316 and 6317 of this title, including carrying out the State

educational agency's statewide system of technical assistance and

support for local educational agencies;

(4) the State educational agency will work with other agencies,

including educational service agencies or other local consortia,

and institutions to provide technical assistance to local

educational agencies and schools, including technical assistance

in providing professional development under section 6319 of this

title, technical assistance under section 6317 of this title, and

technical assistance relating to parental involvement under

section 6318 of this title;

(5)(A) where educational service agencies exist, the State

educational agency will consider providing professional

development and technical assistance through such agencies; and

(B) where educational service agencies do not exist, the State

educational agency will consider providing professional

development and technical assistance through other cooperative

agreements such as through a consortium of local educational

agencies;

(6) the State educational agency will notify local educational

agencies and the public of the content and student academic

achievement standards and academic assessments developed under

this section, and of the authority to operate schoolwide

programs, and will fulfill the State educational agency's

responsibilities regarding local educational agency improvement

and school improvement under section 6316 of this title,

including such corrective actions as are necessary;

(7) the State educational agency will provide the least

restrictive and burdensome regulations for local educational

agencies and individual schools participating in a program

assisted under this part;

(8) the State educational agency will inform the Secretary and

the public of how Federal laws, if at all, hinder the ability of

States to hold local educational agencies and schools accountable

for student academic achievement;

(9) the State educational agency will encourage schools to

consolidate funds from other Federal, State, and local sources

for schoolwide reform in schoolwide programs under section 6314

of this title;

(10) the State educational agency will modify or eliminate

State fiscal and accounting barriers so that schools can easily

consolidate funds from other Federal, State, and local sources

for schoolwide programs under section 6314 of this title;

(11) the State educational agency has involved the committee of

practitioners established under section 6573(b) of this title in

developing the plan and monitoring its implementation;

(12) the State educational agency will inform local educational

agencies in the State of the local educational agency's authority

to transfer funds under subchapter VI of this chapter, to obtain

waivers under part D of subchapter IX of this chapter, and, if

the State is an Ed-Flex Partnership State, to obtain waivers

under the Education Flexibility Partnership Act of 1999;

(13) the State educational agency will coordinate activities

funded under this part with other Federal activities as

appropriate; and

(14) the State educational agency will encourage local

educational agencies and individual schools participating in a

program assisted under this part to offer family literacy

services (using funds under this part), if the agency or school

determines that a substantial number of students served under

this part by the agency or school have parents who do not have a

secondary school diploma or its recognized equivalent or who have

low levels of literacy.

(d) Parental involvement

Each State plan shall describe how the State educational agency

will support the collection and dissemination to local educational

agencies and schools of effective parental involvement practices.

Such practices shall -

(1) be based on the most current research that meets the

highest professional and technical standards, on effective

parental involvement that fosters achievement to high standards

for all children; and

(2) be geared toward lowering barriers to greater participation

by parents in school planning, review, and improvement

experienced.

(e) Peer review and Secretarial approval

(1) Secretarial duties

The Secretary shall -

(A) establish a peer-review process to assist in the review

of State plans;

(B) 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, the

needs of low-performing schools, and other educational needs of

students;

(C) approve a State plan within 120 days of its submission

unless the Secretary determines that the plan does not meet the

requirements of this section;

(D) if the Secretary determines that the State plan does not

meet the requirements of subsection (a), (b), or (c) of this

section, immediately notify the State of such determination and

the reasons for such determination;

(E) not decline to approve a State's plan before -

(i) offering the State an opportunity to revise its plan;

(ii) providing technical assistance in order to assist the

State to meet the requirements of subsections (a), (b), and

(c) of this section; and

(iii) providing a hearing; and

(F) have the authority to disapprove a State plan for not

meeting the requirements of this part, but shall not have the

authority to require a State, as a condition of approval of the

State plan, to include in, or delete from, such plan one or

more specific elements of the State's academic content

standards or to use specific academic assessment instruments or

items.

(2) State revisions

A State plan shall be revised by the State educational agency

if it is necessary to satisfy the requirements of this section.

(f) Duration of the plan

(1) In general

Each State plan shall -

(A) remain in effect for the duration of the State's

participation under this part; and

(B) be periodically reviewed and revised as necessary by the

State educational agency to reflect changes in the State's

strategies and programs under this part.

(2) Additional information

If significant changes are made to a State's plan, such as the

adoption of new State academic content standards and State

student achievement standards, new academic assessments, or a new

definition of adequate yearly progress, such information shall be

submitted to the Secretary.

(g) Penalties

(1) Failure to meet deadlines enacted in 1994

(A) In general

If a State fails to meet the deadlines established by the

Improving America's Schools Act of 1994 (or under any waiver

granted by the Secretary or under any compliance agreement with

the Secretary) for demonstrating that the State has in place

challenging academic content standards and student achievement

standards, and a system for measuring and monitoring adequate

yearly progress, the Secretary shall withhold 25 percent of the

funds that would otherwise be available to the State for State

administration and activities under this part in each year

until the Secretary determines that the State meets those

requirements.

(B) No extension

Notwithstanding any other provision of law, 90 days after

January 8, 2002, the Secretary shall not grant any additional

waivers of, or enter into any additional compliance agreements

to extend, the deadlines described in subparagraph (A) for any

State.

(2) Failure to meet requirements enacted in 2001

If a State fails to meet any of the requirements of this

section, other than the requirements described in paragraph (1),

then the Secretary may withhold funds for State administration

under this part until the Secretary determines that the State has

fulfilled those requirements.

(h) Reports

(1) Annual State report card

(A) In general

Not later than the beginning of the 2002-2003 school year,

unless the State has received a 1-year extension pursuant to

subsection (c)(1) of this section, a State that receives

assistance under this part shall prepare and disseminate an

annual State report card.

(B) Implementation

The State report card shall be -

(i) concise; and

(ii) presented in an understandable and uniform format and,

to the extent practicable, provided in a language that the

parents can understand.

(C) Required information

The State shall include in its annual State report card -

(i) information, in the aggregate, on student achievement

at each proficiency level on the State academic assessments

described in subsection (b)(3) of this section (disaggregated

by race, ethnicity, gender, disability status, migrant

status, English proficiency, and status as economically

disadvantaged, except that such disaggregation shall not be

required in a case in which the number of students in a

category is insufficient to yield statistically reliable

information or the results would reveal personally

identifiable information about an individual student);

(ii) information that provides a comparison between the

actual achievement levels of each group of students described

in subsection (b)(2)(C)(v) of this section and the State's

annual measurable objectives for each such group of students

on each of the academic assessments required under this part;

(iii) the percentage of students not tested (disaggregated

by the same categories and subject to the same exception

described in clause (i));

(iv) the most recent 2-year trend in student achievement in

each subject area, and for each grade level, for which

assessments under this section are required;

(v) aggregate information on any other indicators used by

the State to determine the adequate yearly progress of

students in achieving State academic achievement standards;

(vi) graduation rates for secondary school students

consistent with subsection (b)(2)(C)(vi) of this section;

(vii) information on the performance of local educational

agencies in the State regarding making adequate yearly

progress, including the number and names of each school

identified for school improvement under section 6316 of this

title; and

(viii) the professional qualifications of teachers in the

State, the percentage of such teachers teaching with

emergency or provisional credentials, and the percentage of

classes in the State not taught by highly qualified teachers,

in the aggregate and disaggregated by high-poverty compared

to low-poverty schools which, for the purpose of this clause,

means schools in the top quartile of poverty and the bottom

quartile of poverty in the State.

(D) Optional information

The State may include in its annual State report card such

other information as the State believes will best provide

parents, students, and other members of the public with

information regarding the progress of each of the State's

public elementary schools and public secondary schools. Such

information may include information regarding -

(i) school attendance rates;

(ii) average class size in each grade;

(iii) academic achievement and gains in English proficiency

of limited English proficient students;

(iv) the incidence of school violence, drug abuse, alcohol

abuse, student suspensions, and student expulsions;

(v) the extent and type of parental involvement in the

schools;

(vi) the percentage of students completing advanced

placement courses, and the rate of passing of advanced

placement tests; and

(vii) a clear and concise description of the State's

accountability system, including a description of the

criteria by which the State evaluates school performance, and

the criteria that the State has established, consistent with

subsection (b)(2) of this section, to determine the status of

schools regarding school improvement, corrective action, and

restructuring.

(2) Annual local educational agency report cards

(A) Report cards

(i) In general

Not later than the beginning of the 2002-2003 school year,

a local educational agency that receives assistance under

this part shall prepare and disseminate an annual local

educational agency report card, except that the State

educational agency may provide the local educational agency 1

additional year if the local educational agency demonstrates

that exceptional or uncontrollable circumstances, such as a

natural disaster or a precipitous and unforeseen decline in

the financial resources of the local educational agency,

prevented full implementation of this paragraph by that

deadline and that the local educational agency will complete

implementation within the additional 1-year period.

(ii) Special rule

If a State educational agency has received an extension

pursuant to subsection (c)(1) of this section, then a local

educational agency within that State shall not be required to

include the information required under paragraph (1)(C) in

such report card during such extension.

(B) Minimum requirements

The State educational agency shall ensure that each local

educational agency collects appropriate data and includes in

the local educational agency's annual report the information

described in paragraph (1)(C) as applied to the local

educational agency and each school served by the local

educational agency, and -

(i) in the case of a local educational agency -

(I) the number and percentage of schools identified for

school improvement under section 6316(c) of this title and

how long the schools have been so identified; and

(II) information that shows how students served by the

local educational agency achieved on the statewide academic

assessment compared to students in the State as a whole;

and

(ii) in the case of a school -

(I) whether the school has been identified for school

improvement; and

(II) information that shows how the school's students

achievement on the statewide academic assessments and other

indicators of adequate yearly progress compared to students

in the local educational agency and the State as a whole.

(C) Other information

A local educational agency may include in its annual local

educational agency report card any other appropriate

information, whether or not such information is included in the

annual State report card.

(D) Data

A local educational agency or school shall only include in

its annual local educational agency report card data that are

sufficient to yield statistically reliable information, as

determined by the State, and that do not reveal personally

identifiable information about an individual student.

(E) Public dissemination

The local educational agency shall, not later than the

beginning of the 2002-2003 school year, unless the local

educational agency has received a 1-year extension pursuant to

subparagraph (A), publicly disseminate the information

described in this paragraph to all schools in the school

district served by the local educational agency and to all

parents of students attending those schools in an

understandable and uniform format and, to the extent

practicable, provided in a language that the parents can

understand, and make the information widely available through

public means, such as posting on the Internet, distribution to

the media, and distribution through public agencies, except

that if a local educational agency issues a report card for all

students, the local educational agency may include the

information under this section as part of such report.

(3) Preexisting report cards

A State educational agency or local educational agency that was

providing public report cards on the performance of students,

schools, local educational agencies, or the State prior to

January 8, 2002, may use those report cards for the purpose of

this subsection, so long as any such report card is modified, as

may be needed, to contain the information required by this

subsection.

(4) Annual State report to the Secretary

Each State educational agency receiving assistance under this

part shall report annually to the Secretary, and make widely

available within the State -

(A) beginning with school year 2002-2003, information on the

State's progress in developing and implementing the academic

assessments described in subsection (b)(3) of this section;

(B) beginning not later than school year 2002-2003,

information on the achievement of students on the academic

assessments required by subsection (b)(3) of this section,

including the disaggregated results for the categories of

students identified in subsection (b)(2)(C)(v) of this section;

(C) in any year before the State begins to provide the

information described in subparagraph (B), information on the

results of student academic assessments (including

disaggregated results) required under this section;

(D) beginning not later than school year 2002-2003, unless

the State has received an extension pursuant to subsection

(c)(1) of this section, information on the acquisition of

English proficiency by children with limited English

proficiency;

(E) the number and names of each school identified for school

improvement under section 6316(c) of this title, the reason why

each school was so identified, and the measures taken to

address the achievement problems of such schools;

(F) the number of students and schools that participated in

public school choice and supplemental service programs and

activities under this subchapter; and

(G) beginning not later than the 2002-2003 school year,

information on the quality of teachers and the percentage of

classes being taught by highly qualified teachers in the State,

local educational agency, and school.

(5) Report to Congress

The Secretary shall transmit annually to the Committee on

Education and the Workforce of the House of Representatives and

the Committee on Health, Education, Labor, and Pensions of the

Senate a report that provides national and State-level data on

the information collected under paragraph (4).

(6) Parents right-to-know

(A) Qualifications

At the beginning of each school year, a local educational

agency that receives funds under this part shall notify the

parents of each student attending any school receiving funds

under this part that the parents may request, and the agency

will provide the parents on request (and in a timely manner),

information regarding the professional qualifications of the

student's classroom teachers, including, at a minimum, the

following:

(i) Whether the teacher has met State qualification and

licensing criteria for the grade levels and subject areas in

which the teacher provides instruction.

(ii) Whether the teacher is teaching under emergency or

other provisional status through which State qualification or

licensing criteria have been waived.

(iii) The baccalaureate degree major of the teacher and any

other graduate certification or degree held by the teacher,

and the field of discipline of the certification or degree.

(iv) Whether the child is provided services by

paraprofessionals and, if so, their qualifications.

(B) Additional information

In addition to the information that parents may request under

subparagraph (A), a school that receives funds under this part

shall provide to each individual parent -

(i) information on the level of achievement of the parent's

child in each of the State academic assessments as required

under this part; and

(ii) timely notice that the parent's child has been

assigned, or has been taught for four or more consecutive

weeks by, a teacher who is not highly qualified.

(C) Format

The notice and information provided to parents under this

paragraph shall be in an understandable and uniform format and,

to the extent practicable, provided in a language that the

parents can understand.

(i) Privacy

Information collected under this section shall be collected and

disseminated in a manner that protects the privacy of individuals.

(j) Technical assistance

The Secretary shall provide a State educational agency, at the

State educational agency's request, technical assistance in meeting

the requirements of this section, including the provision of advice

by experts in the development of high-quality academic assessments,

the setting of State standards, the development of measures of

adequate yearly progress that are valid and reliable, and other

relevant areas.

(k) Voluntary partnerships

A State may enter into a voluntary partnership with another State

to develop and implement the academic assessments and standards

required under this section.

(l) Construction

Nothing in this part shall be construed to prescribe the use of

the academic assessments described in this part for student

promotion or graduation purposes.

(m) Special rule with respect to Bureau-funded schools

In determining the assessments to be used by each operated or

funded by BIA school receiving funds under this part, the following

shall apply:

(1) Each such school that is accredited by the State in which

it is operating shall use the assessments the State has developed

and implemented to meet the requirements of this section, or such

other appropriate assessment as approved by the Secretary of the

Interior.

(2) Each such school that is accredited by a regional

accrediting organization shall adopt an appropriate assessment,

in consultation with and with the approval of, the Secretary of

the Interior and consistent with assessments adopted by other

schools in the same State or region, that meets the requirements

of this section.

(3) Each such school that is accredited by a tribal accrediting

agency or tribal division of education shall use an assessment

developed by such agency or division, except that the Secretary

of the Interior shall ensure that such assessment meets the

requirements of this section.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1111, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1444; amended Pub. L. 107-279,

title IV, Sec. 404(d)(1), Nov. 5, 2002, 116 Stat. 1985.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (a)(1), 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.

The Carl D. Perkins Vocational and Technical Education Act of

1998, referred to in subsec. (a)(1), is Pub. L. 88-210, Dec. 18,

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

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

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

out under section 2301 of this title and Tables.

The Head Start Act, referred to in subsec. (a)(1), is subchapter

B (Sec. 635-657) of chapter 8 of subtitle A of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified

generally to subchapter II (Sec. 9831 et seq.) of chapter 105 of

Title 42, The Public Health and Welfare. For complete

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

out under section 9801 of Title 42 and Tables.

The Adult Education and Family Literacy Act, referred to in

subsec. (a)(1), is title II of Pub. L. 105-220, Aug. 7, 1998, 112

Stat. 1059, as amended, which is classified principally to

subchapter I (Sec. 9201 et seq.) of chapter 73 of this title. For

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

note set out under section 9201 of this title and Tables.

The McKinney-Vento Homeless Assistance Act, referred to in

subsec. (a)(1), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as

amended, which is classified principally to chapter 119 (Sec. 11301

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 11301 of Title 42 and Tables.

The Education Flexibility Partnership Act of 1999, referred to in

subsec. (c)(12), is Pub. L. 106-25, Apr. 29, 1999, 113 Stat. 41, as

amended, which enacted sections 5891a and 5891b of this title,

amended section 1415 of this title, and enacted provisions set out

as notes under sections 1415 and 5891a of this title. For complete

classification of this Act to the Code, see Short Title of 1999

Amendment note set out under section 5801 of this title and Tables.

The Improving America's Schools Act of 1994, referred to in

subsec. (g)(1)(A), is Pub. L. 103-382, Oct. 20, 1994, 108 Stat.

3518, as amended. For complete classification of this Act to the

Code, see Short Title of 1994 Amendment note set out under section

6301 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 6311, Pub. L. 89-10, title I, Sec. 1111, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3523;

amended Pub. L. 104-134, title I, Sec. 101(d) (title VII, Sec.

703(b)(1)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-254; renumbered

title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327;

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title XVI, Sec. 1603), Dec.

21, 2000, 114 Stat. 2763, 2763A-328, related to State plans, prior

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

A prior section 1111 of Pub. L. 89-10 was classified to section

2768 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

AMENDMENTS

2002 - Subsec. (c)(2). Pub. L. 107-279 substituted ''section

9622(b)(2) of this title'' for ''section 9010(b)(2) of this

title''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5891b, 6312, 6314, 6316,

6317, 6318, 6319, 6362, 6364, 6398, 6434, 6491, 6578, 6641, 6812,

6821, 6823, 6826, 6841, 6842, 6911, 6914, 7011, 7225f, 7243, 7301,

7301a, 7301b, 7315, 7321, 7325, 7325a, 7325b, 7345b, 7351c, 7801,

7861, 9622 of this title; title 42 section 11432.

-CITE-

20 USC Sec. 6312 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6312. Local educational agency plans

-STATUTE-

(a) Plans required

(1) Subgrants

A local educational agency may receive a subgrant under this

part for any fiscal year only if such agency has on file with the

State educational agency a plan, approved by the State

educational agency, that is coordinated with other programs under

this chapter, the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.), the Carl D. Perkins Vocational and

Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), the

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.),

and other Acts, as appropriate.

(2) Consolidated application

The plan may be submitted as part of a consolidated application

under section 7845 of this title.

(b) Plan provisions

(1) In general

In order to help low-achieving children meet challenging

achievement academic standards, each local educational agency

plan shall include -

(A) a description of high-quality student academic

assessments, if any, that are in addition to the academic

assessments described in the State plan under section

6311(b)(3) of this title, that the local educational agency and

schools served under this part will use -

(i) to determine the success of children served under this

part in meeting the State student academic achievement

standards, and to provide information to teachers, parents,

and students on the progress being made toward meeting the

State student academic achievement standards described in

section 6311(b)(1)(D)(ii) of this title;

(ii) to assist in diagnosis, teaching, and learning in the

classroom in ways that best enable low-achieving children

served under this part to meet State student achievement

academic standards and do well in the local curriculum;

(iii) to determine what revisions are needed to projects

under this part so that such children meet the State student

academic achievement standards; and

(iv) to identify effectively students who may be at risk

for reading failure or who are having difficulty reading,

through the use of screening, diagnostic, and classroom-based

instructional reading assessments, as defined under section

6368 of this title;

(B) at the local educational agency's discretion, a

description of any other indicators that will be used in

addition to the academic indicators described in section 6311

of this title for the uses described in such section;

(C) a description of how the local educational agency will

provide additional educational assistance to individual

students assessed as needing help in meeting the State's

challenging student academic achievement standards;

(D) a description of the strategy the local educational

agency will use to coordinate programs under this part with

programs under subchapter II of this chapter to provide

professional development for teachers and principals, and, if

appropriate, pupil services personnel, administrators, parents

and other staff, including local educational agency level staff

in accordance with sections 6318 and 6319 of this title;

(E) a description of how the local educational agency will

coordinate and integrate services provided under this part with

other educational services at the local educational agency or

individual school level, such as -

(i) Even Start, Head Start, Reading First, Early Reading

First, and other preschool programs, including plans for the

transition of participants in such programs to local

elementary school programs; and

(ii) services for children with limited English

proficiency, children with disabilities, migratory children,

neglected or delinquent youth, Indian children served under

part A of subchapter VII of this chapter, homeless children,

and immigrant children in order to increase program

effectiveness, eliminate duplication, and reduce

fragmentation of the instructional program;

(F) an assurance that the local educational agency will

participate, if selected, in the State National Assessment of

Educational Progress in 4th and 8th grade reading and

mathematics carried out under section 9622(b)(2) of this title;

(G) a description of the poverty criteria that will be used

to select school attendance areas under section 6313 of this

title;

(H) a description of how teachers, in consultation with

parents, administrators, and pupil services personnel, in

targeted assistance schools under section 6315 of this title,

will identify the eligible children most in need of services

under this part;

(I) a general description of the nature of the programs to be

conducted by such agency's schools under sections 6314 and 6315

of this title and, where appropriate, educational services

outside such schools for children living in local institutions

for neglected or delinquent children, and for neglected and

delinquent children in community day school programs;

(J) a description of how the local educational agency will

ensure that migratory children and formerly migratory children

who are eligible to receive services under this part are

selected to receive such services on the same basis as other

children who are selected to receive services under this part;

(K) if appropriate, a description of how the local

educational agency will use funds under this part to support

preschool programs for children, particularly children

participating in Early Reading First, or in a Head Start or

Even Start program, which services may be provided directly by

the local educational agency or through a subcontract with the

local Head Start agency designated by the Secretary of Health

and Human Services under section 9836 of title 42, or an agency

operating an Even Start program, an Early Reading First

program, or another comparable public early childhood

development program;

(L) a description of the actions the local educational agency

will take to assist its low-achieving schools identified under

section 6316 of this title as in need of improvement;

(M) a description of the actions the local educational agency

will take to implement public school choice and supplemental

services, consistent with the requirements of section 6316 of

this title;

(N) a description of how the local educational agency will

meet the requirements of section 6319 of this title;

(O) a description of the services the local educational

agency will provide homeless children, including services

provided with funds reserved under section 6313(c)(3)(A) of

this title;

(P) a description of the strategy the local educational

agency will use to implement effective parental involvement

under section 6318 of this title; and

(Q) where appropriate, a description of how the local

educational agency will use funds under this part to support

after school (including before school and summer school) and

school-year extension programs.

(2) Exception

The academic assessments and indicators described in

subparagraphs (A) and (B) of paragraph (1) shall not be used -

(A) in lieu of the academic assessments required under

section 6311(b)(3) of this title and other State academic

indicators under section 6311(b)(2) of this title; or

(B) to reduce the number of, or change which, schools would

otherwise be subject to school improvement, corrective action,

or restructuring under section 6316 of this title, if such

additional assessments or indicators described in such

subparagraphs were not used, but such assessments and

indicators may be used to identify additional schools for

school improvement or in need of corrective action or

restructuring.

(c) Assurances

(1) In general

Each local educational agency plan shall provide assurances

that the local educational agency will -

(A) inform eligible schools and parents of schoolwide program

authority and the ability of such schools to consolidate funds

from Federal, State, and local sources;

(B) provide technical assistance and support to schoolwide

programs;

(C) work in consultation with schools as the schools develop

the schools' plans pursuant to section 6314 of this title and

assist schools as the schools implement such plans or undertake

activities pursuant to section 6315 of this title so that each

school can make adequate yearly progress toward meeting the

State student academic achievement standards;

(D) fulfill such agency's school improvement responsibilities

under section 6316 of this title, including taking actions

under paragraphs (7) and (8) of section 6316(b) of this title;

(E) provide services to eligible children attending private

elementary schools and secondary schools in accordance with

section 6320 of this title, and timely and meaningful

consultation with private school officials regarding such

services;

(F) take into account the experience of model programs for

the educationally disadvantaged, and the findings of relevant

scientifically based research indicating that services may be

most effective if focused on students in the earliest grades at

schools that receive funds under this part;

(G) in the case of a local educational agency that chooses to

use funds under this part to provide early childhood

development services to low-income children below the age of

compulsory school attendance, ensure that such services comply

with the performance standards established under section

9836a(a) of title 42;

(H) work in consultation with schools as the schools develop

and implement their plans or activities under sections 6318 and

6319 of this title;

(I) comply with the requirements of section 6319 of this

title regarding the qualifications of teachers and

paraprofessionals and professional development;

(J) inform eligible schools of the local educational agency's

authority to obtain waivers on the school's behalf under

subchapter IX of this chapter and, if the State is an Ed-Flex

Partnership State, to obtain waivers under the Education

Flexibility Partnership Act of 1999;

(K) coordinate and collaborate, to the extent feasible and

necessary as determined by the local educational agency, with

the State educational agency and other agencies providing

services to children, youth, and families with respect to a

school in school improvement, corrective action, or

restructuring under section 6316 of this title if such a school

requests assistance from the local educational agency in

addressing major factors that have significantly affected

student achievement at the school;

(L) ensure, through incentives for voluntary transfers, the

provision of professional development, recruitment programs, or

other effective strategies, that low-income students and

minority students are not taught at higher rates than other

students by unqualified, out-of-field, or inexperienced

teachers;

(M) use the results of the student academic assessments

required under section 6311(b)(3) of this title, and other

measures or indicators available to the agency, to review

annually the progress of each school served by the agency and

receiving funds under this part to determine whether all of the

schools are making the progress necessary to ensure that all

students will meet the State's proficient level of achievement

on the State academic assessments described in section

6311(b)(3) of this title within 12 years from the end of the

2001-2002 school year;

(N) ensure that the results from the academic assessments

required under section 6311(b)(3) of this title will be

provided to parents and teachers as soon as is practicably

possible after the test is taken, in an understandable and

uniform format and, to the extent practicable, provided in a

language that the parents can understand; and

(O) assist each school served by the agency and assisted

under this part in developing or identifying examples of

high-quality, effective curricula consistent with section

6311(b)(8)(D) of this title.

(2) Special rule

In carrying out subparagraph (G) of paragraph (1), the

Secretary -

(A) shall consult with the Secretary of Health and Human

Services and shall establish procedures (taking into

consideration existing State and local laws, and local teacher

contracts) to assist local educational agencies to comply with

such subparagraph; and

(B) shall disseminate to local educational agencies the Head

Start performance standards as in effect under section 9836a(a)

of title 42, and such agencies affected by such subparagraph

shall plan for the implementation of such subparagraph (taking

into consideration existing State and local laws, and local

teacher contracts), including pursuing the availability of

other Federal, State, and local funding sources to assist in

compliance with such subparagraph.

(3) Inapplicability

Paragraph (1)(G) of this subsection shall not apply to

preschool programs using the Even Start model or to Even Start

programs that are expanded through the use of funds under this

part.

(d) Plan development and duration

(1) Consultation

Each local educational agency plan shall be developed in

consultation with teachers, principals, administrators (including

administrators of programs described in other parts of this

subchapter), and other appropriate school personnel, and with

parents of children in schools served under this part.

(2) Duration

Each such plan shall be submitted for the first year for which

this part is in effect following January 8, 2002, and shall

remain in effect for the duration of the agency's participation

under this part.

(3) Review

Each local educational agency shall periodically review and, as

necessary, revise its plan.

(e) State approval

(1) In general

Each local educational agency plan shall be filed according to

a schedule established by the State educational agency.

(2) Approval

The State educational agency shall approve a local educational

agency's plan only if the State educational agency determines

that the local educational agency's plan -

(A) enables schools served under this part to substantially

help children served under this part meet the academic

standards expected of all children described in section

6311(b)(1) of this title; and

(B) meets the requirements of this section.

(3) Review

The State educational agency shall review the local educational

agency's plan to determine if such agencies activities are in

accordance with sections 6318 and 6319 of this title.

(f) Program responsibility

The local educational agency plan shall reflect the shared

responsibility of schools, teachers, and the local educational

agency in making decisions regarding activities under sections 6314

and 6315 of this title.

(g) Parental notification

(1) In general

(A) Notice

Each local educational agency using funds under this part to

provide a language instruction educational program as

determined in part C of subchapter III of this chapter shall,

not later than 30 days after the beginning of the school year,

inform a parent or parents of a limited English proficient

child identified for participation or participating in, such a

program of -

(i) the reasons for the identification of their child as

limited English proficient and in need of placement in a

language instruction educational program;

(ii) the child's level of English proficiency, how such

level was assessed, and the status of the child's academic

achievement;

(iii) the methods of instruction used in the program in

which their child is, or will be participating, and the

methods of instruction used in other available programs,

including how such programs differ in content, instructional

goals, and the use of English and a native language in

instruction;

(iv) how the program in which their child is, or will be

participating, will meet the educational strengths and needs

of their child;

(v) how such program will specifically help their child

learn English, and meet age-appropriate academic achievement

standards for grade promotion and graduation;

(vi) the specific exit requirements for the program,

including the expected rate of transition from such program

into classrooms that are not tailored for limited English

proficient children, and the expected rate of graduation from

secondary school for such program if funds under this part

are used for children in secondary schools;

(vii) in the case of a child with a disability, how such

program meets the objectives of the individualized education

program of the child;

(viii) information pertaining to parental rights that

includes written guidance -

(I) detailing -

(aa) the right that parents have to have their child

immediately removed from such program upon their request;

and

(bb) the options that parents have to decline to enroll

their child in such program or to choose another program

or method of instruction, if available; and

(II) assisting parents in selecting among various

programs and methods of instruction, if more than one

program or method is offered by the eligible entity.

(B) Separate notification

In addition to providing the information required to be

provided under paragraph (1), each eligible entity that is

using funds provided under this part to provide a language

instruction educational program, and that has failed to make

progress on the annual measurable achievement objectives

described in section 6842 of this title for any fiscal year for

which part A (FOOTNOTE 1) is in effect, shall separately inform

a parent or the parents of a child identified for participation

in such program, or participating in such program, of such

failure not later than 30 days after such failure occurs.

(FOOTNOTE 1) So in original. Probably should be followed by

''of subchapter III of this chapter''.

(2) Notice

The notice and information provided in paragraph (1) to a

parent or parents of a child identified for participation in a

language instruction educational program for limited English

proficient children shall be in an understandable and uniform

format and, to the extent practicable, provided in a language

that the parents can understand.

(3) Special rule applicable during the school year

For those children who have not been identified as limited

English proficient prior to the beginning of the school year the

local educational agency shall notify parents within the first 2

weeks of the child being placed in a language instruction

educational program consistent with paragraphs (1) and (2).

(4) Parental participation

Each local educational agency receiving funds under this part

shall implement an effective means of outreach to parents of

limited English proficient students to inform the parents

regarding how the parents can be involved in the education of

their children, and be active participants in assisting their

children to attain English proficiency, achieve at high levels in

core academic subjects, and meet challenging State academic

achievement standards and State academic content standards

expected of all students, including holding, and sending notice

of opportunities for, regular meetings for the purpose of

formulating and responding to recommendations from parents of

students assisted under this part.

(5) Basis for admission or exclusion

A student shall not be admitted to, or excluded from, any

federally assisted education program on the basis of a surname or

language-minority status.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1112, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1462; amended Pub. L. 107-279,

title IV, Sec. 404(d)(2), Nov. 5, 2002, 116 Stat. 1985.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (a)(1), 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.

The Carl D. Perkins Vocational and Technical Education Act of

1998, referred to in subsec. (a)(1), is Pub. L. 88-210, Dec. 18,

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

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

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

out under section 2301 of this title and Tables.

The McKinney-Vento Homeless Assistance Act, referred to in

subsec. (a)(1), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as

amended, which is classified principally to chapter 119 (Sec. 11301

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 11301 of Title 42 and Tables.

The Education Flexibility Partnership Act of 1999, referred to in

subsec. (c)(1)(J), is Pub. L. 106-25, Apr. 29, 1999, 113 Stat. 41,

as amended, which enacted sections 5891a and 5891b of this title,

amended section 1415 of this title, and enacted provisions set out

as notes under sections 1415 and 5891a of this title. For complete

classification of this Act to the Code, see Short Title of 1999

Amendment note set out under section 5801 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 6312, Pub. L. 89-10, title I, Sec. 1112, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3529,

related to local educational agency plans, prior to the general

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

AMENDMENTS

2002 - Subsec. (b)(1)(F). Pub. L. 107-279 substituted ''section

9622(b)(2) of this title'' for ''section 9010(b)(2) of this

title''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6311, 6313, 6316, 6318,

6319 of this title.

-CITE-

20 USC Sec. 6313 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6313. Eligible school attendance areas

-STATUTE-

(a) Determination

(1) In general

A local educational agency shall use funds received under this

part only in eligible school attendance areas.

(2) Eligible school attendance areas

For the purposes of this part -

(A) the term ''school attendance area'' means, in relation to

a particular school, the geographical area in which the

children who are normally served by that school reside; and

(B) the term ''eligible school attendance area'' means a

school attendance area in which the percentage of children from

low-income families is at least as high as the percentage of

children from low-income families served by the local

educational agency as a whole.

(3) Ranking order

If funds allocated in accordance with subsection (c) of this

section are insufficient to serve all eligible school attendance

areas, a local educational agency shall -

(A) annually rank, without regard to grade spans, such

agency's eligible school attendance areas in which the

concentration of children from low-income families exceeds 75

percent from highest to lowest according to the percentage of

children from low-income families; and

(B) serve such eligible school attendance areas in rank

order.

(4) Remaining funds

If funds remain after serving all eligible school attendance

areas under paragraph (3), a local educational agency shall -

(A) annually rank such agency's remaining eligible school

attendance areas from highest to lowest either by grade span or

for the entire local educational agency according to the

percentage of children from low-income families; and

(B) serve such eligible school attendance areas in rank order

either within each grade-span grouping or within the local

educational agency as a whole.

(5) Measures

The local educational agency shall use the same measure of

poverty, which measure shall be the number of children ages 5

through 17 in poverty counted in the most recent census data

approved by the Secretary, the number of children eligible for

free and reduced priced lunches under the Richard B. Russell

National School Lunch Act (42 U.S.C. 1751 et seq.), the number of

children in families 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.), or the number of children eligible to

receive medical assistance under the Medicaid program, or a

composite of such indicators, with respect to all school

attendance areas in the local educational agency -

(A) to identify eligible school attendance areas;

(B) to determine the ranking of each area; and

(C) to determine allocations under subsection (c) of this

section.

(6) Exception

This subsection shall not apply to a local educational agency

with a total enrollment of less than 1,000 children.

(7) Waiver for desegregation plans

The Secretary may approve a local educational agency's written

request for a waiver of the requirements of subsections (a) and

(c) of this section, and permit such agency to treat as eligible,

and serve, any school that children attend with a State-ordered,

court-ordered school desegregation plan or a plan that continues

to be implemented in accordance with a State-ordered or

court-ordered desegregation plan, if -

(A) the number of economically disadvantaged children

enrolled in the school is at least 25 percent of the school's

total enrollment; and

(B) the Secretary determines on the basis of a written

request from such agency and in accordance with such criteria

as the Secretary establishes, that approval of that request

would further the purposes of this part.

(b) Local educational agency discretion

(1) In general

Notwithstanding subsection (a)(2) of this section, a local

educational agency may -

(A) designate as eligible any school attendance area or

school in which at least 35 percent of the children are from

low-income families;

(B) use funds received under this part in a school that is

not in an eligible school attendance area, if the percentage of

children from low-income families enrolled in the school is

equal to or greater than the percentage of such children in a

participating school attendance area of such agency;

(C) designate and serve a school attendance area or school

that is not eligible under this section, but that was eligible

and that was served in the preceding fiscal year, but only for

1 additional fiscal year; and

(D) elect not to serve an eligible school attendance area or

eligible school that has a higher percentage of children from

low-income families if -

(i) the school meets the comparability requirements of

section 6321(c) of this title;

(ii) the school is receiving supplemental funds from other

State or local sources that are spent according to the

requirements of section 6314 or 6315 of this title; and

(iii) the funds expended from such other sources equal or

exceed the amount that would be provided under this part.

(2) Special rule

Notwithstanding paragraph (1)(D), the number of children

attending private elementary schools and secondary schools who

are to receive services, and the assistance such children are to

receive under this part, shall be determined without regard to

whether the public school attendance area in which such children

reside is assisted under subparagraph (A).

(c) Allocations

(1) In general

A local educational agency shall allocate funds received under

this part to eligible school attendance areas or eligible

schools, identified under subsections (a) and (b) of this

section, in rank order, on the basis of the total number of

children from low-income families in each area or school.

(2) Special rule

(A) In general

Except as provided in subparagraph (B), the per-pupil amount

of funds allocated to each school attendance area or school

under paragraph (1) shall be at least 125 percent of the

per-pupil amount of funds a local educational agency received

for that year under the poverty criteria described by the local

educational agency in the plan submitted under section 6312 of

this title, except that this paragraph shall not apply to a

local educational agency that only serves schools in which the

percentage of such children is 35 percent or greater.

(B) Exception

A local educational agency may reduce the amount of funds

allocated under subparagraph (A) for a school attendance area

or school by the amount of any supplemental State and local

funds expended in that school attendance area or school for

programs that meet the requirements of section 6314 or 6315 of

this title.

(3) Reservation

A local educational agency shall reserve such funds as are

necessary under this part to provide services comparable to those

provided to children in schools funded under this part to serve -

(A) homeless children who do not attend participating

schools, including providing educationally related support

services to children in shelters and other locations where

children may live;

(B) children in local institutions for neglected children;

and

(C) if appropriate, children in local institutions for

delinquent children, and neglected or delinquent children in

community day school programs.

(4) Financial incentives and rewards reservation

A local educational agency may reserve such funds as are

necessary from those funds received by the local educational

agency under subchapter II of this chapter, and not more than 5

percent of those funds received by the local educational agency

under subpart 2 of this part, to provide financial incentives and

rewards to teachers who serve in schools eligible under this

section and identified for school improvement, corrective action,

and restructuring under section 6316(b) of this title for the

purpose of attracting and retaining qualified and effective

teachers.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1113, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1469.)

-REFTEXT-

REFERENCES IN TEXT

The Richard B. Russell National School Lunch Act, referred to in

subsec. (a)(5), is act June 4, 1946, ch. 281, 60 Stat. 230, as

amended, which is classified generally to chapter 13 (Sec. 1751 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 1751 of Title 42 and Tables.

The Social Security Act, referred to in subsec. (a)(5), 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-

PRIOR PROVISIONS

A prior section 6313, Pub. L. 89-10, title I, Sec. 1113, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3532;

amended Pub. L. 104-193, title I, Sec. 110(j)(1), Aug. 22, 1996,

110 Stat. 2172; Pub. L. 106-78, title VII, Sec. 752(b)(10), Oct.

22, 1999, 113 Stat. 1169, related to eligible school attendance

areas, 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 5891a, 5891b, 6312, 6315,

6316, 6320, 6337, 6561, 7861, 9602 of this title.

-CITE-

20 USC Sec. 6314 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6314. Schoolwide programs

-STATUTE-

(a) Use of funds for schoolwide programs

(1) In general

A local educational agency may consolidate and use funds under

this part, together with other Federal, State, and local funds,

in order to upgrade the entire educational program of a school

that serves an eligible school attendance area in which not less

than 40 percent of the children are from low-income families, or

not less than 40 percent of the children enrolled in the school

are from such families.

(2) Identification of students not required

(A) In general

No school participating in a schoolwide program shall be

required -

(i) to identify particular children under this part as

eligible to participate in a schoolwide program; or

(ii) to provide services to such children that are

supplementary, as otherwise required by section 6321(b) of

this title.

(B) Supplemental funds

A school participating in a schoolwide program shall use

funds available to carry out this section only to supplement

the amount of funds that would, in the absence of funds under

this part, be made available from non-Federal sources for the

school, including funds needed to provide services that are

required by law for children with disabilities and children

with limited English proficiency.

(3) Exemption from statutory and regulatory requirements

(A) Exemption

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

Secretary may, through publication of a notice in the Federal

Register, exempt schoolwide programs under this section from

statutory or regulatory provisions of any other noncompetitive

formula grant program administered by the Secretary (other than

formula or discretionary grant programs under the Individuals

with Disabilities Education Act (20 U.S.C. 1400 et seq.),

except as provided in section 613(a)(2)(D) of such Act (20

U.S.C. 1413(a)(2)(D))), or any discretionary grant program

administered by the Secretary, to support schoolwide programs

if the intent and purposes of such other programs are met.

(B) Requirements

A school that chooses to use funds from such other programs

shall not be relieved of the requirements relating to health,

safety, civil rights, student and parental participation and

involvement, services to private school children, maintenance

of effort, comparability of services, uses of Federal funds to

supplement, not supplant non-Federal funds, or the distribution

of funds to State educational agencies or local educational

agencies that apply to the receipt of funds from such programs.

(C) Records

A school that consolidates and uses funds from different

Federal programs under this section shall not be required to

maintain separate fiscal accounting records, by program, that

identify the specific activities supported by those particular

funds as long as the school maintains records that demonstrate

that the schoolwide program, considered as a whole, addresses

the intent and purposes of each of the Federal programs that

were consolidated to support the schoolwide program.

(4) Professional development

Each school receiving funds under this part for any fiscal year

shall devote sufficient resources to effectively carry out the

activities described in subsection (b)(1)(D) of this section in

accordance with section 6319 of this title for such fiscal year,

except that a school may enter into a consortium with another

school to carry out such activities.

(b) Components of a schoolwide program

(1) In general

A schoolwide program shall include the following components:

(A) A comprehensive needs assessment of the entire school

(including taking into account the needs of migratory children

as defined in section 6399(2) of this title) that is based on

information which includes the achievement of children in

relation to the State academic content standards and the State

student academic achievement standards described in section

6311(b)(1) of this title.

(B) Schoolwide reform strategies that -

(i) provide opportunities for all children to meet the

State's proficient and advanced levels of student academic

achievement described in section 6311(b)(1)(D) of this title;

(ii) use effective methods and instructional strategies

that are based on scientifically based research that -

(I) strengthen the core academic program in the school;

(II) increase the amount and quality of learning time,

such as providing an extended school year and before- and

after-school and summer programs and opportunities, and

help provide an enriched and accelerated curriculum; and

(III) include strategies for meeting the educational

needs of historically underserved populations;

(iii)(I) include strategies to address the needs of all

children in the school, but particularly the needs of

low-achieving children and those at risk of not meeting the

State student academic achievement standards who are members

of the target population of any program that is included in

the schoolwide program, which may include -

(aa) counseling, pupil services, and mentoring services;

(bb) college and career awareness and preparation, such

as college and career guidance, personal finance education,

and innovative teaching methods, which may include applied

learning and team-teaching strategies; and

(cc) the integration of vocational and technical

education programs; and

(II) address how the school will determine if such needs

have been met; and

(iv) are consistent with, and are designed to implement,

the State and local improvement plans, if any.

(C) Instruction by highly qualified teachers.

(D) In accordance with section 6319 of this title and

subsection (a)(4) of this section, high-quality and ongoing

professional development for teachers, principals, and

paraprofessionals and, if appropriate, pupil services

personnel, parents, and other staff to enable all children in

the school to meet the State's student academic achievement

standards.

(E) Strategies to attract high-quality highly qualified

teachers to high-need schools.

(F) Strategies to increase parental involvement in accordance

with section 6318 of this title, such as family literary

services.

(G) Plans for assisting preschool children in the transition

from early childhood programs, such as Head Start, Even Start,

Early Reading First, or a State-run preschool program, to local

elementary school programs.

(H) Measures to include teachers in the decisions regarding

the use of academic assessments described in section 6311(b)(3)

of this title in order to provide information on, and to

improve, the achievement of individual students and the overall

instructional program.

(I) Activities to ensure that students who experience

difficulty mastering the proficient or advanced levels of

academic achievement standards required by section 6311(b)(1)

of this title shall be provided with effective, timely

additional assistance which shall include measures to ensure

that students' difficulties are identified on a timely basis

and to provide sufficient information on which to base

effective assistance.

(J) Coordination and integration of Federal, State, and local

services and programs, including programs supported under this

chapter, violence prevention programs, nutrition programs,

housing programs, Head Start, adult education, vocational and

technical education, and job training.

(2) Plan

(A) In general

Any eligible school that desires to operate a schoolwide

program shall first develop (or amend a plan for such a program

that was in existence on the day before January 8, 2002), in

consultation with the local educational agency and its school

support team or other technical assistance provider under

section 6317 of this title, a comprehensive plan for reforming

the total instructional program in the school that -

(i) describes how the school will implement the components

described in paragraph (1);

(ii) describes how the school will use resources under this

part and from other sources to implement those components;

(iii) includes a list of State educational agency and local

educational agency programs and other Federal programs under

subsection (a)(3) of this section that will be consolidated

in the schoolwide program; and

(iv) describes how the school will provide individual

student academic assessment results in a language the parents

can understand, including an interpretation of those results,

to the parents of a child who participates in the academic

assessments required by section 6311(b)(3) of this title.

(B) Plan development

The comprehensive plan shall be -

(i) developed during a one-year period, unless -

(I) the local educational agency, after considering the

recommendation of the technical assistance providers under

section 6317 of this title, determines that less time is

needed to develop and implement the schoolwide program; or

(II) the school is operating a schoolwide program on the

day preceding January 8, 2002, in which case such school

may continue to operate such program, but shall develop

amendments to its existing plan during the first year of

assistance after that date to reflect the provisions of

this section;

(ii) developed with the involvement of parents and other

members of the community to be served and individuals who

will carry out such plan, including teachers, principals, and

administrators (including administrators of programs

described in other parts of this subchapter), and, if

appropriate, pupil services personnel, technical assistance

providers, school staff, and, if the plan relates to a

secondary school, students from such school;

(iii) in effect for the duration of the school's

participation under this part and reviewed and revised, as

necessary, by the school;

(iv) available to the local educational agency, parents,

and the public, and the information contained in such plan

shall be in an understandable and uniform format and, to the

extent practicable, provided in a language that the parents

can understand; and

(v) if appropriate, developed in coordination with programs

under Reading First, Early Reading First, Even Start, Carl D.

Perkins Vocational and Technical Education Act of 1998 (20

U.S.C. 2301 et seq.), and the Head Start Act (42 U.S.C. 9831

et seq.).

(c) Prekindergarten program

A school that is eligible for a schoolwide program under this

section may use funds made available under this part to establish

or enhance prekindergarten programs for children below the age of

6, such as Even Start programs or Early Reading First programs.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1114, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1471.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (a)(3)(A), 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.

The Carl D. Perkins Vocational and Technical Education Act of

1998, referred to in subsec. (b)(2)(B)(v), is Pub. L. 88-210, Dec.

18, 1963, 77 Stat. 403, as amended, which is classified generally

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

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

out under section 2301 of this title and Tables.

The Head Start Act, referred to in subsec. (b)(2)(B)(v), is

subchapter B (Sec. 635-657) of chapter 8 of subtitle A of title VI

of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is

classified generally to subchapter II (Sec. 9831 et seq.) of

chapter 105 of Title 42, The Public Health and Welfare. For

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

note set out under section 9801 of Title 42 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 6314, Pub. L. 89-10, title I, Sec. 1114, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3534;

amended Pub. L. 105-332, Sec. 3(c)(1), Oct. 31, 1998, 112 Stat.

3125, related to schoolwide programs, 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 1413, 6311, 6312, 6313,

6315, 6318, 6319, 6394, 7173, 7174, 7425 of this title.

-CITE-

20 USC Sec. 6315 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6315. Targeted assistance schools

-STATUTE-

(a) In general

In all schools selected to receive funds under section 6313(c) of

this title that are ineligible for a schoolwide program under

section 6314 of this title, or that choose not to operate such a

schoolwide program, a local educational agency serving such school

may use funds received under this part only for programs that

provide services to eligible children under subsection (b) of this

section identified as having the greatest need for special

assistance.

(b) Eligible children

(1) Eligible population

(A) In general

The eligible population for services under this section is -

(i) children not older than age 21 who are entitled to a

free public education through grade 12; and

(ii) children who are not yet at a grade level at which the

local educational agency provides a free public education.

(B) Eligible children from eligible population

From the population described in subparagraph (A), eligible

children are children identified by the school as failing, or

most at risk of failing, to meet the State's challenging

student academic achievement standards on the basis of

multiple, educationally related, objective criteria established

by the local educational agency and supplemented by the school,

except that children from preschool through grade 2 shall be

selected solely on the basis of such criteria as teacher

judgment, interviews with parents, and developmentally

appropriate measures.

(2) Children included

(A) In general

Children who are economically disadvantaged, children with

disabilities, migrant children or limited English proficient

children, are eligible for services under this part on the same

basis as other children selected to receive services under this

part.

(B) Head Start, Even Start, or Early Reading First children

A child who, at any time in the 2 years preceding the year

for which the determination is made, participated in a Head

Start, Even Start, or Early Reading First program, or in

preschool services under this subchapter, is eligible for

services under this part.

(C) Part C children

A child who, at any time in the 2 years preceding the year

for which the determination is made, received services under

part C of this subchapter is eligible for services under this

part.

(D) Neglected or delinquent children

A child in a local institution for neglected or delinquent

children and youth or attending a community day program for

such children is eligible for services under this part.

(E) Homeless children

A child who is homeless and attending any school served by

the local educational agency is eligible for services under

this part.

(3) Special rule

Funds received under this part may not be used to provide

services that are otherwise required by law to be made available

to children described in paragraph (2) but may be used to

coordinate or supplement such services.

(c) Components of a targeted assistance school program

(1) In general

To assist targeted assistance schools and local educational

agencies to meet their responsibility to provide for all their

students served under this part the opportunity to meet the

State's challenging student academic achievement standards in

subjects as determined by the State, each targeted assistance

program under this section shall -

(A) use such program's resources under this part to help

participating children meet such State's challenging student

academic achievement standards expected for all children;

(B) ensure that planning for students served under this part

is incorporated into existing school planning;

(C) use effective methods and instructional strategies that

are based on scientifically based research that strengthens the

core academic program of the school and that -

(i) give primary consideration to providing extended

learning time, such as an extended school year, before- and

after-school, and summer programs and opportunities;

(ii) help provide an accelerated, high-quality curriculum,

including applied learning; and

(iii) minimize removing children from the regular classroom

during regular school hours for instruction provided under

this part;

(D) coordinate with and support the regular education

program, which may include services to assist preschool

children in the transition from early childhood programs such

as Head Start, Even Start, Early Reading First or State-run

preschool programs to elementary school programs;

(E) provide instruction by highly qualified teachers;

(F) in accordance with subsection (e)(3) of this section and

section 6319 of this title, provide opportunities for

professional development with resources provided under this

part, and, to the extent practicable, from other sources, for

teachers, principals, and paraprofessionals, including, if

appropriate, pupil services personnel, parents, and other

staff, who work with participating children in programs under

this section or in the regular education program;

(G) provide strategies to increase parental involvement in

accordance with section 6318 of this title, such as family

literacy services; and

(H) coordinate and integrate Federal, State, and local

services and programs, including programs supported under this

chapter, violence prevention programs, nutrition programs,

housing programs, Head Start, adult education, vocational and

technical education, and job training.

(2) Requirements

Each school conducting a program under this section shall

assist participating children selected in accordance with

subsection (b) of this section to meet the State's proficient and

advanced levels of achievement by -

(A) the coordinating of resources provided under this part

with other resources; and

(B) reviewing, on an ongoing basis, the progress of

participating children and revising the targeted assistance

program, if necessary, to provide additional assistance to

enable such children to meet the State's challenging student

academic achievement standards, such as an extended school

year, before- and after-school, and summer programs and

opportunities, training for teachers regarding how to identify

students who need additional assistance, and training for

teachers regarding how to implement student academic

achievement standards in the classroom.

(d) Integration of professional development

To promote the integration of staff supported with funds under

this part into the regular school program and overall school

planning and improvement efforts, public school personnel who are

paid with funds received under this part may -

(1) participate in general professional development and school

planning activities; and

(2) assume limited duties that are assigned to similar

personnel who are not so paid, including duties beyond classroom

instruction or that do not benefit participating children, so

long as the amount of time spent on such duties is the same

proportion of total work time as prevails with respect to similar

personnel at the same school.

(e) Special rules

(1) Simultaneous service

Nothing in this section shall be construed to prohibit a school

from serving students under this section simultaneously with

students with similar educational needs, in the same educational

settings where appropriate.

(2) Comprehensive services

If -

(A) health, nutrition, and other social services are not

otherwise available to eligible children in a targeted

assistance school and such school, if appropriate, has engaged

in a comprehensive needs assessment and established a

collaborative partnership with local service providers; and

(B) funds are not reasonably available from other public or

private sources to provide such services, then a portion of the

funds provided under this part may be used as a last resort to

provide such services, including -

(i) the provision of basic medical equipment, such as

eyeglasses and hearing aids;

(ii) compensation of a coordinator; and

(iii) professional development necessary to assist

teachers, pupil services personnel, other staff, and parents

in identifying and meeting the comprehensive needs of

eligible children.

(3) Professional development

Each school receiving funds under this part for any fiscal year

shall devote sufficient resources to carry out effectively the

professional development activities described in subparagraph (F)

of subsection (c)(1) of this section in accordance with section

6319 of this title for such fiscal year, and a school may enter

into a consortium with another school to carry out such

activities.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1115, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1475.)

-MISC1-

PRIOR PROVISIONS

A prior section 6315, Pub. L. 89-10, title I, Sec. 1115, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3539,

related to targeted assistance schools, prior to the general

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6311, 6312, 6313, 6316,

6319, 6320, 6394 of this title.

-CITE-

20 USC Sec. 6316 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6316. Academic assessment and local educational agency and

school improvement

-STATUTE-

(a) Local review

(1) In general

Each local educational agency receiving funds under this part

shall -

(A) use the State academic assessments and other indicators

described in the State plan to review annually the progress of

each school served under this part to determine whether the

school is making adequate yearly progress as defined in section

6311(b)(2) of this title;

(B) at the local educational agency's discretion, use any

academic assessments or any other academic indicators described

in the local educational agency's plan under section

6312(b)(1)(A) and (B) of this title to review annually the

progress of each school served under this part to determine

whether the school is making adequate yearly progress as

defined in section 6311(b)(2) of this title, except that the

local educational agency may not use such indicators (other

than as provided for in section 6311(b)(2)(I) of this title) if

the indicators reduce the number or change the schools that

would otherwise be subject to school improvement, corrective

action, or restructuring under this section if such additional

indicators were not used, but may identify additional schools

for school improvement or in need of corrective action or

restructuring;

(C) publicize and disseminate the results of the local annual

review described in paragraph (1) to parents, teachers,

principals, schools, and the community so that the teachers,

principals, other staff, and schools can continually refine, in

an instructionally useful manner, the program of instruction to

help all children served under this part meet the challenging

State student academic achievement standards established under

section 6311(b)(1) of this title; and

(D) review the effectiveness of the actions and activities

the schools are carrying out under this part with respect to

parental involvement, professional development, and other

activities assisted under this part.

(2) Available results

The State educational agency shall ensure that the results of

State academic assessments administered in that school year are

available to the local educational agency before the beginning of

the next school year.

(b) School improvement

(1) General requirements

(A) Identification

Subject to subparagraph (C), a local educational agency shall

identify for school improvement any elementary school or

secondary school served under this part that fails, for 2

consecutive years, to make adequate yearly progress as defined

in the State's plan under section 6311(b)(2) of this title.

(B) Deadline

The identification described in subparagraph (A) shall take

place before the beginning of the school year following such

failure to make adequate yearly progress.

(C) Application

Subparagraph (A) shall not apply to a school if almost every

student in each group specified in section 6311(b)(2)(C)(v) of

this title enrolled in such school is meeting or exceeding the

State's proficient level of academic achievement.

(D) Targeted assistance schools

To determine if an elementary school or a secondary school

that is conducting a targeted assistance program under section

6315 of this title should be identified for school improvement,

corrective action, or restructuring under this section, a local

educational agency may choose to review the progress of only

the students in the school who are served, or are eligible for

services, under this part.

(E) Public school choice

(i) In general

In the case of a school identified for school improvement

under this paragraph, the local educational agency shall, not

later than the first day of the school year following such

identification, provide all students enrolled in the school

with the option to transfer to another public school served

by the local educational agency, which may include a public

charter school, that has not been identified for school

improvement under this paragraph, unless such an option is

prohibited by State law.

(ii) Rule

In providing students the option to transfer to another

public school, the local educational agency shall give

priority to the lowest achieving children from low-income

families, as determined by the local educational agency for

purposes of allocating funds to schools under section

6313(c)(1) of this title.

(F) Transfer

Students who use the option to transfer under subparagraph

(E) and paragraph (5)(A), (7)(C)(i), or (8)(A)(i) or subsection

(c)(10)(C)(vii) of this section shall be enrolled in classes

and other activities in the public school to which the students

transfer in the same manner as all other children at the public

school.

(2) Opportunity to review and present evidence; time limit

(A) Identification

Before identifying an elementary school or a secondary school

for school improvement under paragraphs (FOOTNOTE 1) (1) or

(5)(A), for corrective action under paragraph (7), or for

restructuring under paragraph (8), the local educational agency

shall provide the school with an opportunity to review the

school-level data, including academic assessment data, on which

the proposed identification is based.

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

(B) Evidence

If the principal of a school proposed for identification

under paragraph (1), (5)(A), (7), or (8) believes, or a

majority of the parents of the students enrolled in such school

believe, that the proposed identification is in error for

statistical or other substantive reasons, the principal may

provide supporting evidence to the local educational agency,

which shall consider that evidence before making a final

determination.

(C) Final determination

Not later than 30 days after a local educational agency

provides the school with the opportunity to review such

school-level data, the local educational agency shall make

public a final determination on the status of the school with

respect to the identification.

(3) School plan

(A) Revised plan

After the resolution of a review under paragraph (2), each

school identified under paragraph (1) for school improvement

shall, not later than 3 months after being so identified,

develop or revise a school plan, in consultation with parents,

school staff, the local educational agency serving the school,

and outside experts, for approval by such local educational

agency. The school plan shall cover a 2-year period and -

(i) incorporate strategies based on scientifically based

research that will strengthen the core academic subjects in

the school and address the specific academic issues that

caused the school to be identified for school improvement,

and may include a strategy for the implementation of a

comprehensive school reform model that includes each of the

components described in part F of this subchapter;

(ii) adopt policies and practices concerning the school's

core academic subjects that have the greatest likelihood of

ensuring that all groups of students specified in section

6311(b)(2)(C)(v) of this title and enrolled in the school

will meet the State's proficient level of achievement on the

State academic assessment described in section 6311(b)(3) of

this title not later than 12 years after the end of the

2001-2002 school year;

(iii) provide an assurance that the school will spend not

less than 10 percent of the funds made available to the

school under section 6313 of this title for each fiscal year

that the school is in school improvement status, for the

purpose of providing to the school's teachers and principal

high-quality professional development that -

(I) directly addresses the academic achievement problem

that caused the school to be identified for school

improvement;

(II) meets the requirements for professional development

activities under section 6319 of this title; and

(III) is provided in a manner that affords increased

opportunity for participating in that professional

development;

(iv) specify how the funds described in clause (iii) will

be used to remove the school from school improvement status;

(v) establish specific annual, measurable objectives for

continuous and substantial progress by each group of students

specified in section 6311(b)(2)(C)(v) of this title and

enrolled in the school that will ensure that all such groups

of students will, in accordance with adequate yearly progress

as defined in section 6311(b)(2) of this title, meet the

State's proficient level of achievement on the State academic

assessment described in section 6311(b)(3) of this title not

later than 12 years after the end of the 2001-2002 school

year;

(vi) describe how the school will provide written notice

about the identification to parents of each student enrolled

in such school, in a format and, to the extent practicable,

in a language that the parents can understand;

(vii) specify the responsibilities of the school, the local

educational agency, and the State educational agency serving

the school under the plan, including the technical assistance

to be provided by the local educational agency under

paragraph (4) and the local educational agency's

responsibilities under section 6321 of this title;

(viii) include strategies to promote effective parental

involvement in the school;

(ix) incorporate, as appropriate, activities before school,

after school, during the summer, and during any extension of

the school year; and

(x) incorporate a teacher mentoring program.

(B) Conditional approval

The local educational agency may condition approval of a

school plan under this paragraph on -

(i) inclusion of one or more of the corrective actions

specified in paragraph (7)(C)(iv); or

(ii) feedback on the school improvement plan from parents

and community leaders.

(C) Plan implementation

Except as provided in subparagraph (D), a school shall

implement the school plan (including a revised plan)

expeditiously, but not later than the beginning of the next

full school year following the identification under paragraph

(1).

(D) Plan approved during school year

Notwithstanding subparagraph (C), if a plan is not approved

prior to the beginning of a school year, such plan shall be

implemented immediately upon approval.

(E) Local educational agency approval

The local educational agency, within 45 days of receiving a

school plan, shall -

(i) establish a peer review process to assist with review

of the school plan; and

(ii) promptly review the school plan, work with the school

as necessary, and approve the school plan if the plan meets

the requirements of this paragraph.

(4) Technical assistance

(A) In general

For each school identified for school improvement under

paragraph (1), the local educational agency serving the school

shall ensure the provision of technical assistance as the

school develops and implements the school plan under paragraph

(3) throughout the plan's duration.

(B) Specific assistance

Such technical assistance -

(i) shall include assistance in analyzing data from the

assessments required under section 6311(b)(3) of this title,

and other examples of student work, to identify and address

problems in instruction, and problems if any, in implementing

the parental involvement requirements described in section

6318 of this title, the professional development requirements

described in section 6319 of this title, and the

responsibilities of the school and local educational agency

under the school plan, and to identify and address solutions

to such problems;

(ii) shall include assistance in identifying and

implementing professional development, instructional

strategies, and methods of instruction that are based on

scientifically based research and that have proven effective

in addressing the specific instructional issues that caused

the school to be identified for school improvement;

(iii) shall include assistance in analyzing and revising

the school's budget so that the school's resources are more

effectively allocated to the activities most likely to

increase student academic achievement and to remove the

school from school improvement status; and

(iv) may be provided -

(I) by the local educational agency, through mechanisms

authorized under section 6317 of this title; or

(II) by the State educational agency, an institution of

higher education (that is in full compliance with all the

reporting provisions of title II of the Higher Education

Act of 1965 (20 U.S.C. 1021 et seq.)), a private

not-for-profit organization or for-profit organization, an

educational service agency, or another entity with

experience in helping schools improve academic achievement.

(C) Scientifically based research

Technical assistance provided under this section by a local

educational agency or an entity approved by that agency shall

be based on scientifically based research.

(5) Failure to make adequate yearly progress after identification

In the case of any school served under this part that fails to

make adequate yearly progress, as set out in the State's plan

under section 6311(b)(2) of this title, by the end of the first

full school year after identification under paragraph (1), the

local educational agency serving such school -

(A) shall continue to provide all students enrolled in the

school with the option to transfer to another public school

served by the local educational agency in accordance with

subparagraphs (E) and (F);

(B) shall make supplemental educational services available

consistent with subsection (e)(1) of this section; and

(C) shall continue to provide technical assistance.

(6) Notice to parents

A local educational agency shall promptly provide to a parent

or parents (in an understandable and uniform format and, to the

extent practicable, in a language the parents can understand) of

each student enrolled in an elementary school or a secondary

school identified for school improvement under paragraph (1), for

corrective action under paragraph (7), or for restructuring under

paragraph (8) -

(A) an explanation of what the identification means, and how

the school compares in terms of academic achievement to other

elementary schools or secondary schools served by the local

educational agency and the State educational agency involved;

(B) the reasons for the identification;

(C) an explanation of what the school identified for school

improvement is doing to address the problem of low achievement;

(D) an explanation of what the local educational agency or

State educational agency is doing to help the school address

the achievement problem;

(E) an explanation of how the parents can become involved in

addressing the academic issues that caused the school to be

identified for school improvement; and

(F) an explanation of the parents' option to transfer their

child to another public school under paragraphs (1)(E), (5)(A),

(7)(C)(i), (8)(A)(i), and subsection (c)(10)(C)(vii) of this

section (with transportation provided by the agency when

required by paragraph (9)) or to obtain supplemental

educational services for the child, in accordance with

subsection (e) of this section.

(7) Corrective action

(A) In general

In this subsection, the term ''corrective action'' means

action, consistent with State law, that -

(i) substantially and directly responds to -

(I) the consistent academic failure of a school that

caused the local educational agency to take such action;

and

(II) any underlying staffing, curriculum, or other

problems in the school; and

(ii) is designed to increase substantially the likelihood

that each group of students described in (FOOTNOTE 2)

6311(b)(2)(C) of this title enrolled in the school identified

for corrective action will meet or exceed the State's

proficient levels of achievement on the State academic

assessments described in section 6311(b)(3) of this title.

(FOOTNOTE 2) So in original. Probably should be followed by

''section''.

(B) System

In order to help students served under this part meet

challenging State student academic achievement standards, each

local educational agency shall implement a system of corrective

action in accordance with subparagraphs (C) through (E).

(C) Role of local educational agency

In the case of any school served by a local educational

agency under this part that fails to make adequate yearly

progress, as defined by the State under section 6311(b)(2) of

this title, by the end of the second full school year after the

identification under paragraph (1), the local educational

agency shall -

(i) continue to provide all students enrolled in the school

with the option to transfer to another public school served

by the local educational agency, in accordance with paragraph

(1)(E) and (F);

(ii) continue to provide technical assistance consistent

with paragraph (4) while instituting any corrective action

under clause (iv);

(iii) continue to make supplemental educational services

available, in accordance with subsection (e) of this section,

to children who remain in the school; and

(iv) identify the school for corrective action and take at

least one of the following corrective actions:

(I) Replace the school staff who are relevant to the

failure to make adequate yearly progress.

(II) Institute and fully implement a new curriculum,

including providing appropriate professional development

for all relevant staff, that is based on scientifically

based research and offers substantial promise of improving

educational achievement for low-achieving students and

enabling the school to make adequate yearly progress.

(III) Significantly decrease management authority at the

school level.

(IV) Appoint an outside expert to advise the school on

its progress toward making adequate yearly progress, based

on its school plan under paragraph (3).

(V) Extend the school year or school day for the school.

(VI) Restructure the internal organizational structure of

the school.

(D) Delay

Notwithstanding any other provision of this paragraph, the

local educational agency may delay, for a period not to exceed

1 year, implementation of the requirements under paragraph (5),

corrective action under this paragraph, or restructuring under

paragraph (8) if the school makes adequate yearly progress for

1 year or if its failure to make adequate yearly progress is

due to exceptional or uncontrollable circumstances, such as a

natural disaster or a precipitous and unforeseen decline in the

financial resources of the local educational agency or school.

No such period shall be taken into account in determining the

number of consecutive years of failure to make adequate yearly

progress.

(E) Publication and dissemination

The local educational agency shall publish and disseminate

information regarding any corrective action the local

educational agency takes under this paragraph at a school -

(i) to the public and to the parents of each student

enrolled in the school subject to corrective action;

(ii) in an understandable and uniform format and, to the

extent practicable, provided in a language that the parents

can understand; and

(iii) through such means as the Internet, the media, and

public agencies.

(8) Restructuring

(A) Failure to make adequate yearly progress

If, after 1 full school year of corrective action under

paragraph (7), a school subject to such corrective action

continues to fail to make adequate yearly progress, then the

local educational agency shall -

(i) continue to provide all students enrolled in the school

with the option to transfer to another public school served

by the local educational agency, in accordance with paragraph

(1)(E) and (F);

(ii) continue to make supplemental educational services

available, in accordance with subsection (e) of this section,

to children who remain in the school; and

(iii) prepare a plan and make necessary arrangements to

carry out subparagraph (B).

(B) Alternative governance

Not later than the beginning of the school year following the

year in which the local educational agency implements

subparagraph (A), the local educational agency shall implement

one of the following alternative governance arrangements for

the school consistent with State law:

(i) Reopening the school as a public charter school.

(ii) Replacing all or most of the school staff (which may

include the principal) who are relevant to the failure to

make adequate yearly progress.

(iii) Entering into a contract with an entity, such as a

private management company, with a demonstrated record of

effectiveness, to operate the public school.

(iv) Turning the operation of the school over to the State

educational agency, if permitted under State law and agreed

to by the State.

(v) Any other major restructuring of the school's

governance arrangement that makes fundamental reforms, such

as significant changes in the school's staffing and

governance, to improve student academic achievement in the

school and that has substantial promise of enabling the

school to make adequate yearly progress as defined in the

State plan under section 6311(b)(2) of this title. In the

case of a rural local educational agency with a total of less

than 600 students in average daily attendance at the schools

that are served by the agency and all of whose schools have a

School Locale Code of 7 or 8, as determined by the Secretary,

the Secretary shall, at such agency's request, provide

technical assistance to such agency for the purpose of

implementing this clause.

(C) Prompt notice

The local educational agency shall -

(i) provide prompt notice to teachers and parents whenever

subparagraph (A) or (B) applies; and

(ii) provide the teachers and parents with an adequate

opportunity to -

(I) comment before taking any action under those

subparagraphs; and

(II) participate in developing any plan under

subparagraph (A)(iii).

(9) Transportation

In any case described in paragraph (1)(E) for schools described

in paragraphs (1)(A), (5), (7)(C)(i), and (8)(A), and subsection

(c)(10)(C)(vii) of this section, the local educational agency

shall provide, or shall pay for the provision of, transportation

for the student to the public school the student attends.

(10) Funds for transportation and supplemental educational

services

(A) In general

Unless a lesser amount is needed to comply with paragraph (9)

and to satisfy all requests for supplemental educational

services under subsection (e) of this section, a local

educational agency shall spend an amount equal to 20 percent of

its allocation under subpart 2 of this part, from which the

agency shall spend -

(i) an amount equal to 5 percent of its allocation under

subpart 2 of this part to provide, or pay for, transportation

under paragraph (9);

(ii) an amount equal to 5 percent of its allocation under

subpart 2 of this part to provide supplemental educational

services under subsection (e) of this section; and

(iii) an amount equal to the remaining 10 percent of its

allocation under subpart 2 of this part for transportation

under paragraph (9), supplemental educational services under

subsection (e) of this section, or both, as the agency

determines.

(B) Total amount

The total amount described in subparagraph (A)(ii) is the

maximum amount the local educational agency shall be required

to spend under this part on supplemental educational services

described in subsection (e) of this section.

(C) Insufficient funds

If the amount of funds described in subparagraph (A)(ii) or

(iii) and available to provide services under this subsection

is insufficient to provide supplemental educational services to

each child whose parents request the services, the local

educational agency shall give priority to providing the

services to the lowest-achieving children.

(D) Prohibition

A local educational agency shall not, as a result of the

application of this paragraph, reduce by more than 15 percent

the total amount made available under section 6313(c) of this

title to a school described in paragraph (7)(C) or (8)(A) of

subsection (b) of this section.

(11) Cooperative agreement

In any case described in paragraph (1)(E), (5)(A), (7)(C)(i),

or (8)(A)(i), or subsection (c)(10)(C)(vii) of this section if

all public schools served by the local educational agency to

which a child may transfer are identified for school improvement,

corrective action or restructuring, the agency shall, to the

extent practicable, establish a cooperative agreement with other

local educational agencies in the area for a transfer.

(12) Duration

If any school identified for school improvement, corrective

action, or restructuring makes adequate yearly progress for two

consecutive school years, the local educational agency shall no

longer subject the school to the requirements of school

improvement, corrective action, or restructuring or identify the

school for school improvement for the succeeding school year.

(13) Special rule

A local educational agency shall permit a child who transferred

to another school under this subsection to remain in that school

until the child has completed the highest grade in that school.

The obligation of the local educational agency to provide, or to

provide for, transportation for the child ends at the end of a

school year if the local educational agency determines that the

school from which the child transferred is no longer identified

for school improvement or subject to corrective action or

restructuring.

(14) State educational agency responsibilities

The State educational agency shall -

(A) make technical assistance under section 6317 of this

title available to schools identified for school improvement,

corrective action, or restructuring under this subsection

consistent with section 6317(a)(2) of this title;

(B) if the State educational agency determines that a local

educational agency failed to carry out its responsibilities

under this subsection, take such corrective actions as the

State educational agency determines to be appropriate and in

compliance with State law;

(C) ensure that academic assessment results under this part

are provided to schools before any identification of a school

may take place under this subsection; and

(D) for local educational agencies or schools identified for

improvement under this subsection, notify the Secretary of

major factors that were brought to the attention of the State

educational agency under section 6311(b)(9) of this title that

have significantly affected student academic achievement.

(c) State review and local educational agency improvement

(1) In general

A State shall -

(A) annually review the progress of each local educational

agency receiving funds under this part to determine whether

schools receiving assistance under this part are making

adequate yearly progress as defined in section 6311(b)(2) of

this title toward meeting the State's student academic

achievement standards and to determine if each local

educational agency is carrying out its responsibilities under

this section and sections 6317, 6318, and 6319 of this title;

and

(B) publicize and disseminate to local educational agencies,

teachers and other staff, parents, students, and the community

the results of the State review, including statistically sound

disaggregated results, as required by section 6311(b)(2) of

this title.

(2) Rewards

In the case of a local educational agency that, for 2

consecutive years, has exceeded adequate yearly progress as

defined in the State plan under section 6311(b)(2) of this title,

the State may make rewards of the kinds described under section

6317 of this title to the agency.

(3) Identification of local educational agency for improvement

A State shall identify for improvement any local educational

agency that, for 2 consecutive years, including the period

immediately prior to January 8, 2002, failed to make adequate

yearly progress as defined in the State's plan under section

6311(b)(2) of this title.

(4) Targeted assistance schools

When reviewing targeted assistance schools served by a local

educational agency, a State educational agency may choose to

review the progress of only the students in such schools who are

served, or are eligible for services, under this part.

(5) Opportunity to review and present evidence

(A) Review

Before identifying a local educational agency for improvement

under paragraph (3) or corrective action under paragraph (10),

a State educational agency shall provide the local educational

agency with an opportunity to review the data, including

academic assessment data, on which the proposed identification

is based.

(B) Evidence

If the local educational agency believes that the proposed

identification is in error for statistical or other substantive

reasons, the agency may provide supporting evidence to the

State educational agency, which shall consider the evidence

before making a final determination not later than 30 days

after the State educational agency provides the local

educational agency with the opportunity to review such data

under subparagraph (A).

(6) Notification to parents

The State educational agency shall promptly provide to the

parents (in a format and, to the extent practicable, in a

language the parents can understand) of each student enrolled in

a school served by a local educational agency identified for

improvement, the results of the review under paragraph (1) and,

if the agency is identified for improvement, the reasons for that

identification and how parents can participate in upgrading the

quality of the local educational agency.

(7) Local educational agency revisions

(A) Plan

Each local educational agency identified under paragraph (3)

shall, not later than 3 months after being so identified,

develop or revise a local educational agency plan, in

consultation with parents, school staff, and others. Such plan

shall -

(i) incorporate scientifically based research strategies

that strengthen the core academic program in schools served

by the local educational agency;

(ii) identify actions that have the greatest likelihood of

improving the achievement of participating children in

meeting the State's student academic achievement standards;

(iii) address the professional development needs of the

instructional staff serving the agency by committing to spend

not less than 10 percent of the funds received by the local

educational agency under subpart 2 of this part for each

fiscal year in which the agency is identified for improvement

for professional development (including funds reserved for

professional development under subsection (b)(3)(A)(iii) of

this section), but excluding funds reserved for professional

development under section 6319 of this title;

(iv) include specific measurable achievement goals and

targets for each of the groups of students identified in the

disaggregated data pursuant to section 6311(b)(2)(C)(v) of

this title, consistent with adequate yearly progress as

defined under section 6311(b)(2) of this title;

(v) address the fundamental teaching and learning needs in

the schools of that agency, and the specific academic

problems of low-achieving students, including a determination

of why the local educational agency's prior plan failed to

bring about increased student academic achievement;

(vi) incorporate, as appropriate, activities before school,

after school, during the summer, and during an extension of

the school year;

(vii) specify the responsibilities of the State educational

agency and the local educational agency under the plan,

including specifying the technical assistance to be provided

by the State educational agency under paragraph (9) and the

local educational agency's responsibilities under section

6321 of this title; and

(viii) include strategies to promote effective parental

involvement in the school.

(B) Implementation

The local educational agency shall implement the plan

(including a revised plan) expeditiously, but not later than

the beginning of the next school year after the school year in

which the agency was identified for improvement.

(9) (FOOTNOTE 3) State educational agency responsibility

(FOOTNOTE 3) So in original. No par. (8) has been enacted.

(A) Technical or other assistance

For each local educational agency identified under paragraph

(3), the State educational agency shall provide technical or

other assistance if requested, as authorized under section 6317

of this title, to better enable the local educational agency to

-

(i) develop and implement the local educational agency's

plan; and

(ii) work with schools needing improvement.

(B) Methods and strategies

Technical assistance provided under this section by the State

educational agency or an entity authorized by such agency shall

be supported by effective methods and instructional strategies

based on scientifically based research. Such technical

assistance shall address problems, if any, in implementing the

parental involvement activities described in section 6318 of

this title and the professional development activities

described in section 6319 of this title.

(10) Corrective action

In order to help students served under this part meet

challenging State student academic achievement standards, each

State shall implement a system of corrective action in accordance

with the following:

(A) Definition

As used in this paragraph, the term ''corrective action''

means action, consistent with State law, that -

(i) substantially and directly responds to the consistent

academic failure that caused the State to take such action

and to any underlying staffing, curricular, or other problems

in the agency; and

(ii) is designed to meet the goal of having all students

served under this part achieve at the proficient and advanced

student academic achievement levels.

(B) General requirements

After providing technical assistance under paragraph (9) and

subject to subparagraph (E), the State -

(i) may take corrective action at any time with respect to

a local educational agency that has been identified under

paragraph (3);

(ii) shall take corrective action with respect to any local

educational agency that fails to make adequate yearly

progress, as defined by the State, by the end of the second

full school year after the identification of the agency under

paragraph (3); and

(iii) shall continue to provide technical assistance while

instituting any corrective action under clause (i) or (ii).

(C) Certain corrective actions required

In the case of a local educational agency identified for

corrective action, the State educational agency shall take at

least one of the following corrective actions:

(i) Deferring programmatic funds or reducing administrative

funds.

(ii) Instituting and fully implementing a new curriculum

that is based on State and local academic content and

achievement standards, including providing appropriate

professional development based on scientifically based

research for all relevant staff, that offers substantial

promise of improving educational achievement for

low-achieving students.

(iii) Replacing the local educational agency personnel who

are relevant to the failure to make adequate yearly progress.

(iv) Removing particular schools from the jurisdiction of

the local educational agency and establishing alternative

arrangements for public governance and supervision of such

schools.

(v) Appointing, through the State educational agency, a

receiver or trustee to administer the affairs of the local

educational agency in place of the superintendent and school

board.

(vi) Abolishing or restructuring the local educational

agency.

(vii) Authorizing students to transfer from a school

operated by the local educational agency to a

higher-performing public school operated by another local

educational agency in accordance with subsections (b)(1)(E)

and (F) of this section, and providing to such students

transportation (or the costs of transportation) to such

schools consistent with subsection (b)(9) of this section, in

conjunction with carrying out not less than one additional

action described under this subparagraph.

(D) Hearing

Prior to implementing any corrective action under this

paragraph, the State educational agency shall provide notice

and a hearing to the affected local educational agency, if

State law provides for such notice and hearing. The hearing

shall take place not later than 45 days following the decision

to implement corrective action.

(E) Notice to parents

The State educational agency shall publish, and disseminate

to parents and the public, information on any corrective action

the State educational agency takes under this paragraph through

such means as the Internet, the media, and public agencies.

(F) Delay

Notwithstanding subparagraph (B)(ii), a State educational

agency may delay, for a period not to exceed 1 year,

implementation of corrective action under this paragraph if the

local educational agency makes adequate yearly progress for 1

year or its failure to make adequate yearly progress is due to

exceptional or uncontrollable circumstances, such as a natural

disaster or a precipitous and unforeseen decline in the

financial resources of the local educational agency. No such

period shall be taken into account in determining the number of

consecutive years of failure to make adequate yearly progress.

(11) Special rule

If a local educational agency makes adequate yearly progress

for two consecutive school years beginning after the date of

identification of the agency under paragraph (3), the State

educational agency need no longer identify the local educational

agency for improvement or subject the local educational agency to

corrective action for the succeeding school year.

(d) Construction

Nothing in this section shall be construed to alter or otherwise

affect the rights, remedies, and procedures afforded school or

school district employees under Federal, State, or local laws

(including applicable regulations or court orders) or under the

terms of collective bargaining agreements, memoranda of

understanding, or other agreements between such employees and their

employers.

(e) Supplemental educational services

(1) Supplemental educational services

In the case of any school described in paragraph (5), (7), or

(8) of subsection (b) of this section, the local educational

agency serving such school shall, subject to this subsection,

arrange for the provision of supplemental educational services to

eligible children in the school from a provider with a

demonstrated record of effectiveness, that is selected by the

parents and approved for that purpose by the State educational

agency in accordance with reasonable criteria, consistent with

paragraph (5), that the State educational agency shall adopt.

(2) Local educational agency responsibilities

Each local educational agency subject to this subsection shall

-

(A) provide, at a minimum, annual notice to parents (in an

understandable and uniform format and, to the extent

practicable, in a language the parents can understand) of -

(i) the availability of services under this subsection;

(ii) the identity of approved providers of those services

that are within the local educational agency or whose

services are reasonably available in neighboring local

educational agencies; and

(iii) a brief description of the services, qualifications,

and demonstrated effectiveness of each such provider;

(B) if requested, assist parents in choosing a provider from

the list of approved providers maintained by the State;

(C) apply fair and equitable procedures for serving students

if the number of spaces at approved providers is not sufficient

to serve all students; and

(D) not disclose to the public the identity of any student

who is eligible for, or receiving, supplemental educational

services under this subsection without the written permission

of the parents of the student.

(3) Agreement

In the case of the selection of an approved provider by a

parent, the local educational agency shall enter into an

agreement with such provider. Such agreement shall -

(A) require the local educational agency to develop, in

consultation with parents (and the provider chosen by the

parents), a statement of specific achievement goals for the

student, how the student's progress will be measured, and a

timetable for improving achievement that, in the case of a

student with disabilities, is consistent with the student's

individualized education program under section 1414(d) of this

title;

(B) describe how the student's parents and the student's

teacher or teachers will be regularly informed of the student's

progress;

(C) provide for the termination of such agreement if the

provider is unable to meet such goals and timetables;

(D) contain provisions with respect to the making of payments

to the provider by the local educational agency; and

(E) prohibit the provider from disclosing to the public the

identity of any student eligible for, or receiving,

supplemental educational services under this subsection without

the written permission of the parents of such student.

(4) State educational agency responsibilities

A State educational agency shall -

(A) in consultation with local educational agencies, parents,

teachers, and other interested members of the public, promote

maximum participation by providers to ensure, to the extent

practicable, that parents have as many choices as possible;

(B) develop and apply objective criteria, consistent with

paragraph (5), to potential providers that are based on a

demonstrated record of effectiveness in increasing the academic

proficiency of students in subjects relevant to meeting the

State academic content and student achievement standards

adopted under section 6311(b)(1) of this title;

(C) maintain an updated list of approved providers across the

State, by school district, from which parents may select;

(D) develop, implement, and publicly report on standards and

techniques for monitoring the quality and effectiveness of the

services offered by approved providers under this subsection,

and for withdrawing approval from providers that fail, for 2

consecutive years, to contribute to increasing the academic

proficiency of students served under this subsection as

described in subparagraph (B); and

(E) provide annual notice to potential providers of

supplemental educational services of the opportunity to provide

services under this subsection and of the applicable procedures

for obtaining approval from the State educational agency to be

an approved provider of those services.

(5) Criteria for providers

In order for a provider to be included on the State list under

paragraph (4)(C), a provider shall agree to carry out the

following:

(A) Provide parents of children receiving supplemental

educational services under this subsection and the appropriate

local educational agency with information on the progress of

the children in increasing achievement, in a format and, to the

extent practicable, a language that such parents can

understand.

(B) Ensure that instruction provided and content used by the

provider are consistent with the instruction provided and

content used by the local educational agency and State, and are

aligned with State student academic achievement standards.

(C) Meet all applicable Federal, State, and local health,

safety, and civil rights laws.

(D) Ensure that all instruction and content under this

subsection are secular, neutral, and nonideological.

(6) Amounts for supplemental educational services

The amount that a local educational agency shall make available

for supplemental educational services for each child receiving

those services under this subsection shall be the lesser of -

(A) the amount of the agency's allocation under subpart 2 of

this part, divided by the number of children from families

below the poverty level counted under section 6333(c)(1)(A) of

this title; or

(B) the actual costs of the supplemental educational services

received by the child.

(7) Funds provided by State educational agency

Each State educational agency may use funds that the agency

reserves under this part, and part A of subchapter V of this

chapter, to assist local educational agencies that do not have

sufficient funds to provide services under this subsection for

all eligible students requesting such services.

(8) Duration

The local educational agency shall continue to provide

supplemental educational services to a child receiving such

services under this subsection until the end of the school year

in which such services were first received.

(9) Prohibition

Nothing contained in this subsection shall permit the making of

any payment for religious worship or instruction.

(10) Waiver

(A) Requirement

At the request of a local educational agency, a State

educational agency may waive, in whole or in part, the

requirement of this subsection to provide supplemental

educational services if the State educational agency determines

that -

(i) none of the providers of those services on the list

approved by the State educational agency under paragraph

(4)(C) makes those services available in the area served by

the local educational agency or within a reasonable distance

of that area; and

(ii) the local educational agency provides evidence that it

is not able to provide those services.

(B) Notification

The State educational agency shall notify the local

educational agency, within 30 days of receiving the local

educational agency's request for a waiver under subparagraph

(A), whether the request is approved or disapproved and, if

disapproved, the reasons for the disapproval, in writing.

(11) Special rule

If State law prohibits a State educational agency from carrying

out one or more of its responsibilities under paragraph (4) with

respect to those who provide, or seek approval to provide,

supplemental educational services, each local educational agency

in the State shall carry out those responsibilities with respect

to its students who are eligible for those services.

(12) Definitions

In this subsection -

(A) the term ''eligible child'' means a child from a

low-income family, as determined by the local educational

agency for purposes of allocating funds to schools under

section 6313(c)(1) of this title;

(B) the term ''provider'' means a non-profit entity, a

for-profit entity, or a local educational agency that -

(i) has a demonstrated record of effectiveness in

increasing student academic achievement;

(ii) is capable of providing supplemental educational

services that are consistent with the instructional program

of the local educational agency and the academic standards

described under section 6311 of this title; and

(iii) is financially sound; and

(C) the term ''supplemental educational services'' means

tutoring and other supplemental academic enrichment services

that are -

(i) in addition to instruction provided during the school

day; and

(ii) are of high quality, research-based, and specifically

designed to increase the academic achievement of eligible

children on the academic assessments required under section

6311 of this title and attain proficiency in meeting the

State's academic achievement standards.

(f) Schools and LEAs previously identified for improvement or

corrective action

(1) Schools

(A) School improvement

(i) Schools in school-improvement status before January 8,

2002

Any school that was in the first year of school improvement

status under this section on the day preceding January 8,

2002 (as this section was in effect on such day) shall be

treated by the local educational agency as a school that is

in the first year of school improvement status under

paragraph (1).

(ii) Schools in school-improvement status for 2 or more years

before January 8, 2002

Any school that was in school improvement status under this

section for two or more consecutive school years preceding

January 8, 2002 (as this section was in effect on such day)

shall be treated by the local educational agency as a school

described in subsection (b)(5) of this section.

(B) Corrective action

Any school that was in corrective action status under this

section on the day preceding January 8, 2002 (as this section

was in effect on such day) shall be treated by the local

educational agency as a school described in paragraph (7).

(2) LEAs

(A) LEA improvement

A State shall identify for improvement under subsection

(c)(3) of this section any local educational agency that was in

improvement status under this section as this section was in

effect on the day preceding January 8, 2002.

(B) Corrective action

A State shall identify for corrective action under subsection

(c)(10) of this section any local educational agency that was

in corrective action status under this section as this section

was in effect on the day preceding January 8, 2002.

(C) Special rule

For the schools and other local educational agencies

described under paragraphs (1) and (2), as required, the State

shall ensure that public school choice in accordance with

subparagraphs (b)(1)(E) and (F) and supplemental education

services in accordance with subsection (e) of this section are

provided not later than the first day of the 2002-2003 school

year.

(D) Transition

With respect to a determination that a local educational

agency has for 2 consecutive years failed to make adequate

yearly progress as defined in the State plan under section

6311(b)(2) of this title, such determination shall include in

such 2-year period any continuous period of time immediately

preceding January 8, 2002, during which the agency has failed

to make such progress.

(g) Schools funded by the Bureau of Indian Affairs

(1) Adequate yearly progress for Bureau funded schools

(A) Development of definition

(i) Definition

The Secretary of the Interior, in consultation with the

Secretary if the Secretary of (FOOTNOTE 4) Interior requests

the consultation, using the process set out in section

2018(b) of title 25, shall define adequate yearly progress,

consistent with section 6311(b) of this title, for the

schools funded by the Bureau of Indian Affairs on a regional

or tribal basis, as appropriate, taking into account the

unique circumstances and needs of such schools and the

students served by such schools.

(FOOTNOTE 4) So in original. Probably should be ''of the''.

(ii) Use of definition

The Secretary of the Interior, consistent with clause (i),

may use the definition of adequate yearly progress that the

State in which the school that is funded by the Bureau is

located uses consistent with section 6311(b) of this title,

or in the case of schools that are located in more than one

State, the Secretary of the Interior may use whichever State

definition of adequate yearly progress that best meets the

unique circumstances and needs of such school or schools and

the students the schools serve.

(B) Waiver

The tribal governing body or school board of a school funded

by the Bureau of Indian Affairs may waive, in part or in whole,

the definition of adequate yearly progress established pursuant

to paragraph (A) where such definition is determined by such

body or school board to be inappropriate. If such definition

is waived, the tribal governing body or school board shall,

within 60 days thereafter, submit to the Secretary of (FOOTNOTE

4) Interior a proposal for an alternative definition of

adequate yearly progress, consistent with section 6311(b) of

this title, that takes into account the unique circumstances

and needs of such school or schools and the students served.

The Secretary of the Interior, in consultation with the

Secretary if the Secretary of (FOOTNOTE 4) Interior requests

the consultation, shall approve such alternative definition

unless the Secretary determines that the definition does not

meet the requirements of section 6311(b) of this title, taking

into account the unique circumstances and needs of such school

or schools and the students served.

(C) Technical assistance

The Secretary of (FOOTNOTE 4) Interior shall, in consultation

with the Secretary if the Secretary of (FOOTNOTE 4) Interior

requests the consultation, either directly or through a

contract, provide technical assistance, upon request, to a

tribal governing body or school board of a school funded by the

Bureau of Indian Affairs that seeks to develop an alternative

definition of adequate yearly progress.

(2) Accountability for BIA schools

For the purposes of this section, schools funded by the Bureau

of Indian Affairs shall be considered schools subject to

subsection (b) of this section, as specifically provided for in

this subsection, except that such schools shall not be subject to

subsection (c) of this section, or the requirements to provide

public school choice and supplemental educational services under

subsections (b) and (e) of this section.

(3) School improvement for Bureau schools

(A) Contract and grant schools

For a school funded by the Bureau of Indian Affairs which is

operated under a contract issued by the Secretary of the

Interior pursuant to the Indian Self-Determination Act (25

U.S.C. 450f et seq.) or under a grant issued by the Secretary

of the Interior pursuant to the Tribally Controlled Schools Act

of 1988 (25 U.S.C. 2501 et seq.), the school board of such

school shall be responsible for meeting the requirements of

subsection (b) of this section relating to development and

implementation of any school improvement plan as described in

subsections (b)(1) through (b)(3) of this section, and

subsection (b)(5) of this section, other than subsection

(b)(1)(E) of this section. The Bureau of Indian Affairs shall

be responsible for meeting the requirements of subsection

(b)(4) of this section relating to technical assistance.

(B) Bureau operated schools

For schools operated by the Bureau of Indian Affairs, the

Bureau shall be responsible for meeting the requirements of

subsection (b) of this section relating to development and

implementation of any school improvement plan as described in

subsections (b)(1) through (b)(5) of this section, other than

subsection (b)(1)(E) of this section.

(4) Corrective action and restructuring for Bureau-funded schools

(A) Contract and grant schools

For a school funded by the Bureau of Indian Affairs which is

operated under a contract issued by the Secretary of the

Interior pursuant to the Indian Self-Determination Act (25

U.S.C. 450f et seq.) or under a grant issued by the Secretary

of the Interior pursuant to the Tribally Controlled Schools Act

of 1988 (25 U.S.C. 2501 et seq.), the school board of such

school shall be responsible for meeting the requirements of

subsection (b) of this section relating to corrective action

and restructuring as described in subsection (b)(7) and (b)(8)

of this section. Any action taken by such school board under

subsection (b)(7) or (b)(8) of this section shall take into

account the unique circumstances and structure of the Bureau of

Indian Affairs-funded school system and the laws governing that

system.

(B) Bureau operated schools

For schools operated by the Bureau of Indian Affairs, the

Bureau shall be responsible for meeting the requirements of

subsection (b) of this section relating to corrective action

and restructuring as described in subsection (b)(7) and (b)(8)

of this section. Any action taken by the Bureau under

subsection (b)(7) or (b)(8) of this section shall take into

account the unique circumstances and structure of the Bureau of

Indian Affairs-funded school system and the laws governing that

system.

(5) Annual report

On an annual basis, the Secretary of the Interior shall report

to the Secretary of Education and to the appropriate committees

of Congress regarding any schools funded by the Bureau of Indian

Affairs which have been identified for school improvement. Such

report shall include -

(A) the identity of each school;

(B) a statement from each affected school board regarding the

factors that lead to such identification; and

(C) an analysis by the Secretary of the Interior, in

consultation with the Secretary if the Secretary of (FOOTNOTE

4) Interior requests the consultation, as to whether sufficient

resources were available to enable such school to achieve

adequate yearly progress.

(h) Other agencies

After receiving the notice described in subsection (b)(14)(D) of

this section, the Secretary may notify, to the extent feasible and

necessary as determined by the Secretary, other relevant Federal

agencies regarding the major factors that were determined by the

State educational agency to have significantly affected student

academic achievement.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1116, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1478.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsec.

(b)(4)(B)(iv)(II), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219,

as amended. Title II of the Act is classified generally to

subchapter II (Sec. 1021 et seq.) of chapter 28 of this title. For

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

note set out under section 1001 of this title and Tables.

This section on the day preceding January 8, 2002 (as this

section was in effect on such day), referred to in subsec. (f),

means section 1116 of Pub. L. 89-10, as added by Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3542, as amended, which

was classified to section 6317 of this title prior to the general

amendment of this subchapter by Pub. L. 107-110, title I, Sec. 101,

Jan. 8, 2002, 115 Stat. 1439.

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

(g)(3)(A), (4)(A), is title I of Pub. L. 93-638, Jan. 4, 1975, 88

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

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

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

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

The Tribally Controlled Schools Act of 1988, referred to in

subsec. (g)(3)(A), (4)(A), 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 6316, Pub. L. 89-10, title I, Sec. 1115A, as

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

3542, related to school choice, prior to the general amendment of

this subchapter by Pub. L. 107-110.

A prior section 1116 of Pub. L. 89-10 was classified to section

6317 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 5891b, 6303, 6311, 6312,

6313, 6317, 6318, 6319, 6362, 6368, 6491, 6514, 6578, 6622, 6631,

6753, 6764, 7174, 7215, 7225e, 7305b, 7345b, 7351c, 7914, 9602 of

this title; title 42 section 11432.

-CITE-

20 USC Sec. 6317 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6317. School support and recognition

-STATUTE-

(a) System for support

(1) In general

Each State shall establish a statewide system of intensive and

sustained support and improvement for local educational agencies

and schools receiving funds under this part, in order to increase

the opportunity for all students served by those agencies and

schools to meet the State's academic content standards and

student academic achievement standards.

(2) Priorities

In carrying out this subsection, a State shall -

(A) first, provide support and assistance to local

educational agencies with schools subject to corrective action

under section 6316 of this title and assist those schools, in

accordance with section 6316(b)(11) of this title, for which a

local educational agency has failed to carry out its

responsibilities under paragraphs (7) and (8) of section

6316(b) of this title;

(B) second, provide support and assistance to other local

educational agencies with schools identified as in need of

improvement under section 6316(b) of this title; and

(C) third, provide support and assistance to other local

educational agencies and schools participating under this part

that need that support and assistance in order to achieve the

purpose of this part.

(3) Regional centers

Such a statewide system shall, to the extent practicable, work

with and receive support and assistance from regional educational

laboratories established under part E of the Education Sciences

Reform Act of 2002 (20 U.S.C. 9571 et seq.) and comprehensive

centers established under the Educational Technical Assistance

Act of 2002 (20 U.S.C. 9601 et seq.) and the comprehensive

regional technical assistance centers and the regional

educational laboratories under section 6041(h) of this title (as

such section existed on the day before November 5, 2002), or

other providers of technical assistance.

(4) Statewide system

(A) In order to achieve the purpose described in paragraph (1),

the statewide system shall include, at a minimum, the following

approaches:

(i) Establishing school support teams in accordance with

subparagraph (C) for assignment to, and working in, schools in

the State that are described in paragraph (2).

(ii) Providing such support as the State educational agency

determines necessary and available in order to ensure the

effectiveness of such teams.

(iii) Designating and using distinguished teachers and

principals who are chosen from schools served under this part

that have been especially successful in improving academic

achievement.

(iv) Devising additional approaches to providing the

assistance described in paragraph (1), such as providing

assistance through institutions of higher education and

educational service agencies or other local consortia, and

private providers of scientifically based technical assistance.

(B) Priority. - The State educational agency shall give

priority to the approach described in clause (i) of subparagraph

(A).

(5) School support teams

(A) Composition

Each school support team established under this section shall

be composed of persons knowledgeable about scientifically based

research and practice on teaching and learning and about

successful schoolwide projects, school reform, and improving

educational opportunities for low-achieving students, including

-

(i) highly qualified or distinguished teachers and

principals;

(ii) pupil services personnel;

(iii) parents;

(iv) representatives of institutions of higher education;

(v) representatives of regional educational laboratories or

comprehensive regional technical assistance centers;

(vi) representatives of outside consultant groups; or

(vii) other individuals as the State educational agency, in

consultation with the local educational agency, may determine

appropriate.

(B) Functions

Each school support team assigned to a school under this

section shall -

(i) review and analyze all facets of the school's

operation, including the design and operation of the

instructional program, and assist the school in developing

recommendations for improving student performance in that

school;

(ii) collaborate with parents and school staff and the

local educational agency serving the school in the design,

implementation, and monitoring of a plan that, if fully

implemented, can reasonably be expected to improve student

performance and help the school meet its goals for

improvement, including adequate yearly progress under section

6311(b)(2)(B) of this title;

(iii) evaluate, at least semiannually, the effectiveness of

school personnel assigned to the school, including

identifying outstanding teachers and principals, and make

findings and recommendations to the school, the local

educational agency, and, where appropriate, the State

educational agency; and

(iv) make additional recommendations as the school

implements the plan described in clause (ii) to the local

educational agency and the State educational agency

concerning additional assistance that is needed by the school

or the school support team.

(C) Continuation of assistance

After one school year, from the beginning of the activities,

such school support team, in consultation with the local

educational agency, may recommend that the school support team

continue to provide assistance to the school, or that the local

educational agency or the State educational agency, as

appropriate, take alternative actions with regard to the

school.

(b) State recognition

(1) Academic achievement awards program

(A) In general

Each State receiving a grant under this part -

(i) shall establish a program for making academic

achievement awards to recognize schools that meet the

criteria described in subparagraph (B); and

(ii) as appropriate and as funds are available under

subsection (c)(2)(A) of this section, may financially reward

schools served under this part that meet the criteria

described in clause (ii).

(B) Criteria

The criteria referred to in subparagraph (A) are that a

school -

(i) significantly closed the achievement gap between the

groups of students described in section 6311(b)(2) of this

title; or

(ii) exceeded their adequate yearly progress, consistent

with section 6311(b)(2) of this title, for 2 or more

consecutive years.

(2) Distinguished schools

Of those schools meeting the criteria described in paragraph

(2), each State shall designate as distinguished schools those

schools that have made the greatest gains in closing the

achievement gap as described in subparagraph (B)(i) or exceeding

adequate yearly progress as described in subparagraph (B)(ii).

Such distinguished schools may serve as models for and provide

support to other schools, especially schools identified for

improvement under section 6316 of this title, to assist such

schools in meeting the State's academic content standards and

student academic achievement standards.

(3) Awards to teachers

A State program under paragraph (1) may also recognize and

provide financial awards to teachers teaching in a school

described in such paragraph that consistently makes significant

gains in academic achievement in the areas in which the teacher

provides instruction, or to teachers or principals designated as

distinguished under subsection (a)(4)(A)(iii) of this section.

(c) Funding

(1) In general

Each State -

(A) shall use funds reserved under section 6303(a) of this

title and may use funds made available under section 6303(g) of

this title for the approaches described under subsection

(a)(4)(A) of this section; and

(B) shall use State administrative funds authorized under

section 6304(a) of this title to establish the statewide system

of support described under subsection (a) of this section.

(2) Reservations of funds by State

(A) Awards program

For the purpose of carrying out subsection (b)(1) of this

section, each State receiving a grant under this part may

reserve, from the amount (if any) by which the funds received

by the State under subpart 2 of this part for a fiscal year

exceed the amount received by the State under that subpart for

the preceding fiscal year, not more than 5 percent of such

excess amount.

(B) Teacher awards

For the purpose of carrying out subsection (b)(3) of this

section, a State educational agency may reserve such funds as

necessary from funds made available under section 6613 of this

title.

(3) Use within 3 years

Notwithstanding any other provision of law, the amount reserved

under subparagraph (A) by a State for each fiscal year shall

remain available to the State until expended for a period not

exceeding 3 years receipt of funds.

(4) Special allocation rule for schools in high-poverty areas

(A) In general

Each State shall distribute not less than 75 percent of any

amount reserved under paragraph (2)(A) for each fiscal year to

schools described in subparagraph (B), or to teachers in those

schools consistent with subsection (b)(3) of this section.

(B) School described

A school described in subparagraph (A) is a school whose

student population is in the highest quartile of schools

statewide in terms of the percentage of children from low

income families.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1117, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1498; amended Pub. L. 107-279,

title IV, Sec. 404(d)(3), Nov. 5, 2002, 116 Stat. 1985.)

-REFTEXT-

REFERENCES IN TEXT

The Education Sciences Reform Act of 2002, referred to in subsec.

(a)(3), is title I of Pub. L. 107-279, Nov. 5, 2002, 116 Stat.

1941. Part E of the Act is classified generally to part E (Sec.

9571 et seq.) of subchapter I of chapter 76 of this title. For

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

note set out under section 9501 of this title and Tables.

The Educational Technical Assistance Act of 2002, referred to in

subsec. (a)(3), is title II of Pub. L. 107-279, Nov. 5, 2002, 116

Stat. 1975, which is classified generally to subchapter II (Sec.

9601 et seq.) of chapter 76 of this title. For complete

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

out under section 9501 of this title and Tables.

Section 6041(h) of this title, referred to in subsec. (a)(3), was

repealed by Pub. L. 107-279, title IV, Sec. 403(2), Nov. 5, 2002,

116 Stat. 1985.

-MISC2-

PRIOR PROVISIONS

A prior section 6317, Pub. L. 89-10, title I, Sec. 1116, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3542;

amended Pub. L. 104-134, title I, Sec. 101(d) (title VII, Sec.

703(b)(2)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-255; renumbered

title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327,

related to assessment and local educational agency and school

improvement, prior to the general amendment of this subchapter by

Pub. L. 107-110. See section 6316 of this title.

A prior section 1117 of Pub. L. 89-10 was classified to section

6318 of this title prior to the general amendment of this

subchapter by Pub. L. 107-110.

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-279 inserted ''regional

educational laboratories established under part E of the Education

Sciences Reform Act of 2002 and comprehensive centers established

under the Educational Technical Assistance Act of 2002 and'' after

''assistance from'' and ''(as such section existed on the day

before November 5, 2002)'' after ''section 6041(h) of this title''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5891b, 6303, 6311, 6314,

6316, 7215 of this title.

-CITE-

20 USC Sec. 6318 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6318. Parental involvement

-STATUTE-

(a) Local educational agency policy

(1) In general

A local educational agency may receive funds under this part

only if such agency implements programs, activities, and

procedures for the involvement of parents in programs assisted

under this part consistent with this section. Such programs,

activities, and procedures shall be planned and implemented with

meaningful consultation with parents of participating children.

(2) Written policy

Each local educational agency that receives funds under this

part shall develop jointly with, agree on with, and distribute

to, parents of participating children a written parent

involvement policy. The policy shall be incorporated into the

local educational agency's plan developed under section 6312 of

this title, establish the agency's expectations for parent

involvement, and describe how the agency will -

(A) involve parents in the joint development of the plan

under section 6312 of this title, and the process of school

review and improvement under section 6316 of this title;

(B) provide the coordination, technical assistance, and other

support necessary to assist participating schools in planning

and implementing effective parent involvement activities to

improve student academic achievement and school performance;

(C) build the schools' and parents' capacity for strong

parental involvement as described in subsection (e) of this

section;

(D) coordinate and integrate parental involvement strategies

under this part with parental involvement strategies under

other programs, such as the Head Start program, Reading First

program, Early Reading First program, Even Start program,

Parents as Teachers program, and Home Instruction Program for

Preschool Youngsters, and State-run preschool programs;

(E) conduct, with the involvement of parents, an annual

evaluation of the content and effectiveness of the parental

involvement policy in improving the academic quality of the

schools served under this part, including identifying barriers

to greater participation by parents in activities authorized by

this section (with particular attention to parents who are

economically disadvantaged, are disabled, have limited English

proficiency, have limited literacy, or are of any racial or

ethnic minority background), and use the findings of such

evaluation to design strategies for more effective parental

involvement, and to revise, if necessary, the parental

involvement policies described in this section; and

(F) involve parents in the activities of the schools served

under this part.

(3) Reservation

(A) In general

Each local educational agency shall reserve not less than 1

percent of such agency's allocation under subpart 2 of this

part to carry out this section, including promoting family

literacy and parenting skills, except that this paragraph shall

not apply if 1 percent of such agency's allocation under

subpart 2 of this part for the fiscal year for which the

determination is made is $5,000 or less.

(B) Parental input

Parents of children receiving services under this part shall

be involved in the decisions regarding how funds reserved under

subparagraph (A) are allotted for parental involvement

activities.

(C) Distribution of funds

Not less than 95 percent of the funds reserved under

subparagraph (A) shall be distributed to schools served under

this part.

(b) School parental involvement policy

(1) In general

Each school served under this part shall jointly develop with,

and distribute to, parents of participating children a written

parental involvement policy, agreed on by such parents, that

shall describe the means for carrying out the requirements of

subsections (c) through (f) of this section. Parents shall be

notified of the policy in an understandable and uniform format

and, to the extent practicable, provided in a language the

parents can understand. Such policy shall be made available to

the local community and updated periodically to meet the changing

needs of parents and the school.

(2) Special rule

If the school has a parental involvement policy that applies to

all parents, such school may amend that policy, if necessary, to

meet the requirements of this subsection.

(3) Amendment

If the local educational agency involved has a school

district-level parental involvement policy that applies to all

parents, such agency may amend that policy, if necessary, to meet

the requirements of this subsection.

(4) Parental comments

If the plan under section 6312 of this title is not

satisfactory to the parents of participating children, the local

educational agency shall submit any parent comments with such

plan when such local educational agency submits the plan to the

State.

(c) Policy involvement

Each school served under this part shall -

(1) convene an annual meeting, at a convenient time, to which

all parents of participating children shall be invited and

encouraged to attend, to inform parents of their school's

participation under this part and to explain the requirements of

this part, and the right of the parents to be involved;

(2) offer a flexible number of meetings, such as meetings in

the morning or evening, and may provide, with funds provided

under this part, transportation, child care, or home visits, as

such services relate to parental involvement;

(3) involve parents, in an organized, ongoing, and timely way,

in the planning, review, and improvement of programs under this

part, including the planning, review, and improvement of the

school parental involvement policy and the joint development of

the schoolwide program plan under section 6314(b)(2) of this

title, except that if a school has in place a process for

involving parents in the joint planning and design of the

school's programs, the school may use that process, if such

process includes an adequate representation of parents of

participating children;

(4) provide parents of participating children -

(A) timely information about programs under this part;

(B) a description and explanation of the curriculum in use at

the school, the forms of academic assessment used to measure

student progress, and the proficiency levels students are

expected to meet; and

(C) if requested by parents, opportunities for regular

meetings to formulate suggestions and to participate, as

appropriate, in decisions relating to the education of their

children, and respond to any such suggestions as soon as

practicably possible; and

(5) if the schoolwide program plan under section 6314(b)(2) of

this title is not satisfactory to the parents of participating

children, submit any parent comments on the plan when the school

makes the plan available to the local educational agency.

(d) Shared responsibilities for high student academic achievement

As a component of the school-level parental involvement policy

developed under subsection (b) of this section, each school served

under this part shall jointly develop with parents for all children

served under this part a school-parent compact that outlines how

parents, the entire school staff, and students will share the

responsibility for improved student academic achievement and the

means by which the school and parents will build and develop a

partnership to help children achieve the State's high standards.

Such compact shall -

(1) describe the school's responsibility to provide

high-quality curriculum and instruction in a supportive and

effective learning environment that enables the children served

under this part to meet the State's student academic achievement

standards, and the ways in which each parent will be responsible

for supporting their children's learning, such as monitoring

attendance, homework completion, and television watching;

volunteering in their child's classroom; and participating, as

appropriate, in decisions relating to the education of their

children and positive use of extracurricular time; and

(2) address the importance of communication between teachers

and parents on an ongoing basis through, at a minimum -

(A) parent-teacher conferences in elementary schools, at

least annually, during which the compact shall be discussed as

the compact relates to the individual child's achievement;

(B) frequent reports to parents on their children's progress;

and

(C) reasonable access to staff, opportunities to volunteer

and participate in their child's class, and observation of

classroom activities.

(e) Building capacity for involvement

To ensure effective involvement of parents and to support a

partnership among the school involved, parents, and the community

to improve student academic achievement, each school and local

educational agency assisted under this part -

(1) shall provide assistance to parents of children served by

the school or local educational agency, as appropriate, in

understanding such topics as the State's academic content

standards and State student academic achievement standards, State

and local academic assessments, the requirements of this part,

and how to monitor a child's progress and work with educators to

improve the achievement of their children;

(2) shall provide materials and training to help parents to

work with their children to improve their children's achievement,

such as literacy training and using technology, as appropriate,

to foster parental involvement;

(3) shall educate teachers, pupil services personnel,

principals, and other staff, with the assistance of parents, in

the value and utility of contributions of parents, and in how to

reach out to, communicate with, and work with parents as equal

partners, implement and coordinate parent programs, and build

ties between parents and the school;

(4) shall, to the extent feasible and appropriate, coordinate

and integrate parent involvement programs and activities with

Head Start, Reading First, Early Reading First, Even Start, the

Home Instruction Programs for Preschool Youngsters, the Parents

as Teachers Program, and public preschool and other programs, and

conduct other activities, such as parent resource centers, that

encourage and support parents in more fully participating in the

education of their children;

(5) shall ensure that information related to school and parent

programs, meetings, and other activities is sent to the parents

of participating children in a format and, to the extent

practicable, in a language the parents can understand;

(6) may involve parents in the development of training for

teachers, principals, and other educators to improve the

effectiveness of such training;

(7) may provide necessary literacy training from funds received

under this part if the local educational agency has exhausted all

other reasonably available sources of funding for such training;

(8) may pay reasonable and necessary expenses associated with

local parental involvement activities, including transportation

and child care costs, to enable parents to participate in

school-related meetings and training sessions;

(9) may train parents to enhance the involvement of other

parents;

(10) may arrange school meetings at a variety of times, or

conduct in-home conferences between teachers or other educators,

who work directly with participating children, with parents who

are unable to attend such conferences at school, in order to

maximize parental involvement and participation;

(11) may adopt and implement model approaches to improving

parental involvement;

(12) may establish a districtwide parent advisory council to

provide advice on all matters related to parental involvement in

programs supported under this section;

(13) may develop appropriate roles for community-based

organizations and businesses in parent involvement activities;

and

(14) shall provide such other reasonable support for parental

involvement activities under this section as parents may request.

(f) Accessibility

In carrying out the parental involvement requirements of this

part, local educational agencies and schools, to the extent

practicable, shall provide full opportunities for the participation

of parents with limited English proficiency, parents with

disabilities, and parents of migratory children, including

providing information and school reports required under section

6311 of this title in a format and, to the extent practicable, in a

language such parents understand.

(g) Information from parental information and resource centers

In a State where a parental information and resource center is

established to provide training, information, and support to

parents and individuals who work with local parents, local

educational agencies, and schools receiving assistance under this

part, each local educational agency or school that receives

assistance under this part and is located in the State shall assist

parents and parental organizations by informing such parents and

organizations of the existence and purpose of such centers.

(h) Review

The State educational agency shall review the local educational

agency's parental involvement policies and practices to determine

if the policies and practices meet the requirements of this

section.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1118, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1501.)

-MISC1-

PRIOR PROVISIONS

A prior section 6318, Pub. L. 89-10, title I, Sec. 1117, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3548,

related to State assistance for school support and improvement,

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

107-110. See section 6317 of this title.

A prior section 1118 of Pub. L. 89-10 was classified to section

6319 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6311, 6312, 6315, 6316,

6319, 6320, 6394, 6491, 6516, 7273, 7273c, 7801 of this title.

-CITE-

20 USC Sec. 6319 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6319. Qualifications for teachers and paraprofessionals

-STATUTE-

(a) Teacher qualifications and measurable objectives

(1) In general

Beginning with the first day of the first school year after

January 8, 2002, each local educational agency receiving

assistance under this part shall ensure that all teachers hired

after such day and teaching in a program supported with funds

under this part are highly qualified.

(2) State plan

As part of the plan described in section 6311 of this title,

each State educational agency receiving assistance under this

part shall develop a plan to ensure that all teachers teaching in

core academic subjects within the State are highly qualified not

later than the end of the 2005-2006 school year. Such plan shall

establish annual measurable objectives for each local educational

agency and school that, at a minimum -

(A) shall include an annual increase in the percentage of

highly qualified teachers at each local educational agency and

school, to ensure that all teachers teaching in core academic

subjects in each public elementary school and secondary school

are highly qualified not later than the end of the 2005-2006

school year;

(B) shall include an annual increase in the percentage of

teachers who are receiving high-quality professional

development to enable such teachers to become highly qualified

and successful classroom teachers; and

(C) may include such other measures as the State educational

agency determines to be appropriate to increase teacher

qualifications.

(3) Local plan

As part of the plan described in section 6312 of this title,

each local educational agency receiving assistance under this

part shall develop a plan to ensure that all teachers teaching

within the school district served by the local educational agency

are highly qualified not later than the end of the 2005-2006

school year.

(b) Reports

(1) Annual State and local reports

(A) Local reports

Each State educational agency described in subsection (a)(2)

of this section shall require each local educational agency

receiving funds under this part to publicly report, each year,

beginning with the 2002-2003 school year, the annual progress

of the local educational agency as a whole and of each of the

schools served by the agency, in meeting the measurable

objectives described in subsection (a)(2) of this section.

(B) State reports

Each State educational agency receiving assistance under this

part shall prepare and submit each year, beginning with the

2002-2003 school year, a report to the Secretary, describing

the State educational agency's progress in meeting the

measurable objectives described in subsection (a)(2) of this

section.

(C) Information from other reports

A State educational agency or local educational agency may

submit information from the reports described in section

6311(h) of this title for the purposes of this subsection, if

such report is modified, as may be necessary, to contain the

information required by this subsection, and may submit such

information as a part of the reports required under section

6311(h) of this title.

(2) Annual reports by the Secretary

Each year, beginning with the 2002-2003 school year, the

Secretary shall publicly report the annual progress of State

educational agencies, local educational agencies, and schools, in

meeting the measurable objectives described in subsection (a)(2)

of this section.

(c) New paraprofessionals

(1) In general

Each local educational agency receiving assistance under this

part shall ensure that all paraprofessionals hired after January

8, 2002, and working in a program supported with funds under this

part shall have -

(A) completed at least 2 years of study at an institution of

higher education;

(B) obtained an associate's (or higher) degree; or

(C) met a rigorous standard of quality and can demonstrate,

through a formal State or local academic assessment -

(i) knowledge of, and the ability to assist in instructing,

reading, writing, and mathematics; or

(ii) knowledge of, and the ability to assist in

instructing, reading readiness, writing readiness, and

mathematics readiness, as appropriate.

(2) Clarification

The receipt of a secondary school diploma (or its recognized

equivalent) shall be necessary but not sufficient to satisfy the

requirements of paragraph (1)(C).

(d) Existing paraprofessionals

Each local educational agency receiving assistance under this

part shall ensure that all paraprofessionals hired before January

8, 2002, and working in a program supported with funds under this

part shall, not later than 4 years after January 8, 2002, satisfy

the requirements of subsection (c) of this section.

(e) Exceptions for translation and parental involvement activities

Subsections (c) and (d) of this section shall not apply to a

paraprofessional -

(1) who is proficient in English and a language other than

English and who provides services primarily to enhance the

participation of children in programs under this part by acting

as a translator; or

(2) whose duties consist solely of conducting parental

involvement activities consistent with section 6318 of this

title.

(f) General requirement for all paraprofessionals

Each local educational agency receiving assistance under this

part shall ensure that all paraprofessionals working in a program

supported with funds under this part, regardless of the

paraprofessionals' hiring date, have earned a secondary school

diploma or its recognized equivalent.

(g) Duties of paraprofessionals

(1) In general

Each local educational agency receiving assistance under this

part shall ensure that a paraprofessional working in a program

supported with funds under this part is not assigned a duty

inconsistent with this subsection.

(2) Responsibilities paraprofessionals may be assigned

A paraprofessional described in paragraph (1) may be assigned -

(A) to provide one-on-one tutoring for eligible students, if

the tutoring is scheduled at a time when a student would not

otherwise receive instruction from a teacher;

(B) to assist with classroom management, such as organizing

instructional and other materials;

(C) to provide assistance in a computer laboratory;

(D) to conduct parental involvement activities;

(E) to provide support in a library or media center;

(F) to act as a translator; or

(G) to provide instructional services to students in

accordance with paragraph (3).

(3) Additional limitations

A paraprofessional described in paragraph (1) -

(A) may not provide any instructional service to a student

unless the paraprofessional is working under the direct

supervision of a teacher consistent with this section; and

(B) may assume limited duties that are assigned to similar

personnel who are not working in a program supported with funds

under this part, including duties beyond classroom instruction

or that do not benefit participating children, so long as the

amount of time spent on such duties is the same proportion of

total work time as prevails with respect to similar personnel

at the same school.

(h) Use of funds

A local educational agency receiving funds under this part may

use such funds to support ongoing training and professional

development to assist teachers and paraprofessionals in satisfying

the requirements of this section.

(i) Verification of compliance

(1) In general

In verifying compliance with this section, each local

educational agency, at a minimum, shall require that the

principal of each school operating a program under section 6314

or 6315 of this title attest annually in writing as to whether

such school is in compliance with the requirements of this

section.

(2) Availability of information

Copies of attestations under paragraph (1) -

(A) shall be maintained at each school operating a program

under section 6314 or 6315 of this title and at the main office

of the local educational agency; and

(B) shall be available to any member of the general public on

request.

(j) Combinations of funds

Funds provided under this part that are used for professional

development purposes may be combined with funds provided under

subchapter II of this chapter, other Acts, and other sources.

(k) Special rule

Except as provided in subsection (l) of this section, no State

educational agency shall require a school or a local educational

agency to expend a specific amount of funds for professional

development activities under this part, except that this paragraph

shall not apply with respect to requirements under section

6316(c)(3) of this title.

(l) Minimum expenditures

Each local educational agency that receives funds under this part

shall use not less than 5 percent, or more than 10 percent, of such

funds for each of fiscal years 2002 and 2003, and not less than 5

percent of the funds for each subsequent fiscal year, for

professional development activities to ensure that teachers who are

not highly qualified become highly qualified not later than the end

of the 2005-2006 school year.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1119, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1505.)

-MISC1-

PRIOR PROVISIONS

A prior section 6319, Pub. L. 89-10, title I, Sec. 1118, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3550,

related to parental involvement, prior to the general amendment of

this subchapter by Pub. L. 107-110. See section 6318 of this title.

A prior section 1119 of Pub. L. 107-110 was classified to section

6320 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6311, 6312, 6314, 6315,

6316, 6320, 6362, 6491, 6612, 6613, 6622, 6623, 6641, 7273c, 7325c

of this title.

-CITE-

20 USC Sec. 6320 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6320. Participation of children enrolled in private schools

-STATUTE-

(a) General requirement

(1) In general

To the extent consistent with the number of eligible children

identified under section 6315(b) of this title in the school

district served by a local educational agency who are enrolled in

private elementary schools and secondary schools, a local

educational agency shall, after timely and meaningful

consultation with appropriate private school officials, provide

such children, on an equitable basis, special educational

services or other benefits under this part (such as dual

enrollment, educational radio and television, computer equipment

and materials, other technology, and mobile educational services

and equipment) that address their needs, and shall ensure that

teachers and families of the children participate, on an

equitable basis, in services and activities developed pursuant to

sections 6318 and 6319 of this title.

(2) Secular, neutral, nonideological

Such educational services or other benefits, including

materials and equipment, shall be secular, neutral, and

nonideological.

(3) Equity

Educational services and other benefits for such private school

children shall be equitable in comparison to services and other

benefits for public school children participating under this

part, and shall be provided in a timely manner.

(4) Expenditures

Expenditures for educational services and other benefits to

eligible private school children shall be equal to the proportion

of funds allocated to participating school attendance areas based

on the number of children from low-income families who attend

private schools, which the local educational agency may determine

each year or every 2 years.

(5) Provision of services

The local educational agency may provide services under this

section directly or through contracts with public and private

agencies, organizations, and institutions.

(b) Consultation

(1) In general

To ensure timely and meaningful consultation, a local

educational agency shall consult with appropriate private school

officials during the design and development of such agency's

programs under this part, on issues such as -

(A) how the children's needs will be identified;

(B) what services will be offered;

(C) how, where, and by whom the services will be provided;

(D) how the services will be academically assessed and how

the results of that assessment will be used to improve those

services;

(E) the size and scope of the equitable services to be

provided to the eligible private school children, and the

proportion of funds that is allocated under subsection (a)(4)

of this section for such services;

(F) the method or sources of data that are used under

subsection (c) of this section and section 6313(c)(1) of this

title to determine the number of children from low-income

families in participating school attendance areas who attend

private schools;

(G) how and when the agency will make decisions about the

delivery of services to such children, including a thorough

consideration and analysis of the views of the private school

officials on the provision of services through a contract with

potential third-party providers; and

(H) how, if the agency disagrees with the views of the

private school officials on the provision of services through a

contract, the local educational agency will provide in writing

to such private school officials an analysis of the reasons why

the local educational agency has chosen not to use a

contractor.

(2) Timing

Such consultation shall include meetings of agency and private

school officials and shall occur before the local educational

agency makes any decision that affects the opportunities of

eligible private school children to participate in programs under

this part. Such meetings shall continue throughout

implementation and assessment of services provided under this

section.

(3) Discussion

Such consultation shall include a discussion of service

delivery mechanisms a local educational agency can use to provide

equitable services to eligible private school children.

(4) Documentation

Each local educational agency shall maintain in the agency's

records and provide to the State educational agency involved a

written affirmation signed by officials of each participating

private school that the consultation required by this section has

occurred. If such officials do not provide such affirmation

within a reasonable period of time, the local educational agency

shall forward the documentation that such consultation has taken

place to the State educational agency.

(5) Compliance

(A) In general

A private school official shall have the right to complain to

the State educational agency that the local educational agency

did not engage in consultation that was meaningful and timely,

or did not give due consideration to the views of the private

school official.

(B) Procedure

If the private school official wishes to complain, the

official shall provide the basis of the noncompliance with this

section by the local educational agency to the State

educational agency, and the local educational agency shall

forward the appropriate documentation to the State educational

agency.

(c) Allocation for equitable service to private school students

(1) Calculation

A local educational agency shall have the final authority,

consistent with this section, to calculate the number of

children, ages 5 through 17, who are from low-income families and

attend private schools by -

(A) using the same measure of low income used to count public

school children;

(B) using the results of a survey that, to the extent

possible, protects the identity of families of private school

students, and allowing such survey results to be extrapolated

if complete actual data are unavailable;

(C) applying the low-income percentage of each participating

public school attendance area, determined pursuant to this

section, to the number of private school children who reside in

that school attendance area; or

(D) using an equated measure of low income correlated with

the measure of low income used to count public school children.

(2) Complaint process

Any dispute regarding low-income data for private school

students shall be subject to the complaint process authorized in

section 7883 of this title. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(d) Public control of funds

(1) In general

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

materials, equipment, and property purchased with such funds,

shall be in a public agency, and a public agency shall administer

such funds, materials, equipment, and property.

(2) Provision of services

(A) Provider

The provision of services under this section shall be

provided -

(i) by employees of a public agency; or

(ii) through contract by such public agency with an

individual, association, agency, or organization.

(B) Requirement

In the provision of such services, such employee, individual,

association, agency, or organization shall be independent of

such private school and of any religious organization, and such

employment or contract shall be under the control and

supervision of such public agency.

(e) Standards for a bypass

If a local educational agency is prohibited by law from providing

for the participation in programs on an equitable basis of eligible

children enrolled in private elementary schools and secondary

schools, or if the Secretary determines that a local educational

agency has substantially failed or is unwilling, to provide for

such participation, as required by this section, the Secretary

shall -

(1) waive the requirements of this section for such local

educational agency;

(2) arrange for the provision of services to such children

through arrangements that shall be subject to the requirements of

this section and sections 7883 and 7884 of this title; and

(3) in making the determination under this subsection, consider

one or more factors, including the quality, size, scope, and

location of the program and the opportunity of eligible children

to participate.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1120, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1508.)

-REFTEXT-

REFERENCES IN TEXT

Section 7883, referred to in subsec. (c)(2), was in the original

''section 9505'', and was translated as reading ''section 9503'',

meaning section 9503 of Pub. L. 89-10, to reflect the probable

intent of Congress, because provisions authorizing complaint

process are contained in section 9503.

-MISC2-

PRIOR PROVISIONS

A prior section 6320, Pub. L. 89-10, title I, Sec. 1119, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3555,

related to professional development, prior to the general amendment

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

A prior section 1120 of Pub. L. 89-10 was classified to section

6321 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6312, 6965, 7279a of this

title.

-CITE-

20 USC Sec. 6321 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6321. Fiscal requirements

-STATUTE-

(a) Maintenance of effort

A local educational agency may receive funds under this part for

any fiscal year only if the State educational agency involved finds

that the local educational agency has maintained the agency's

fiscal effort in accordance with section 7901 of this title.

(b) Federal funds to supplement, not supplant, non-Federal funds

(1) In general

A State educational agency or local educational agency shall

use Federal funds received under this part only to supplement the

funds that would, in the absence of such Federal funds, be made

available from non-Federal sources for the education of pupils

participating in programs assisted under this part, and not to

supplant such funds.

(2) Special rule

No local educational agency shall be required to provide

services under this part through a particular instructional

method or in a particular instructional setting in order to

demonstrate such agency's compliance with paragraph (1).

(c) Comparability of services

(1) In general

(A) Comparable services

Except as provided in paragraphs (4) and (5), a local

educational agency may receive funds under this part only if

State and local funds will be used in schools served under this

part to provide services that, taken as a whole, are at least

comparable to services in schools that are not receiving funds

under this part.

(B) Substantially comparable services

If the local educational agency is serving all of such

agency's schools under this part, such agency may receive funds

under this part only if such agency will use State and local

funds to provide services that, taken as a whole, are

substantially comparable in each school.

(C) Basis

A local educational agency may meet the requirements of

subparagraphs (A) and (B) on a grade-span by grade-span basis

or a school-by-school basis.

(2) Written assurance

(A) Equivalence

A local educational agency shall be considered to have met

the requirements of paragraph (1) if such agency has filed with

the State educational agency a written assurance that such

agency has established and implemented -

(i) a local educational agency-wide salary schedule;

(ii) a policy to ensure equivalence among schools in

teachers, administrators, and other staff; and

(iii) a policy to ensure equivalence among schools in the

provision of curriculum materials and instructional supplies.

(B) Determinations

For the purpose of this subsection, in the determination of

expenditures per pupil from State and local funds, or

instructional salaries per pupil from State and local funds,

staff salary differentials for years of employment shall not be

included in such determinations.

(C) Exclusions

A local educational agency need not include unpredictable

changes in student enrollment or personnel assignments that

occur after the beginning of a school year in determining

comparability of services under this subsection.

(3) Procedures and records

Each local educational agency assisted under this part shall -

(A) develop procedures for compliance with this subsection;

and

(B) maintain records that are updated biennially documenting

such agency's compliance with this subsection.

(4) Inapplicability

This subsection shall not apply to a local educational agency

that does not have more than one building for each grade span.

(5) Compliance

For the purpose of determining compliance with paragraph (1), a

local educational agency may exclude State and local funds

expended for -

(A) language instruction educational programs; and

(B) the excess costs of providing services to children with

disabilities as determined by the local educational agency.

(d) Exclusion of funds

For the purpose of complying with subsections (b) and (c) of this

section, a State educational agency or local educational agency may

exclude supplemental State or local funds expended in any school

attendance area or school for programs that meet the intent and

purposes of this part.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1120A, as added Pub. L. 107-110,

title I, Sec. 101, Jan. 8, 2002, 115 Stat. 1511.)

-MISC1-

PRIOR PROVISIONS

A prior section 6321, Pub. L. 89-10, title I, Sec. 1120, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3557,

related to participation of children enrolled in private schools,

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

107-110. See section 6320 of this title.

A prior section 1120A of Pub. L. 89-10 was classified to section

6322 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 6313, 6314, 6316, 6394,

6435 of this title.

-CITE-

20 USC Sec. 6322 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6322. Coordination requirements

-STATUTE-

(a) In general

Each local educational agency receiving assistance under this

part shall carry out the activities described in subsection (b) of

this section with Head Start agencies and, if feasible, other

entities carrying out early childhood development programs such as

the Early Reading First program.

(b) Activities

The activities referred to in subsection (a) of this section are

activities that increase coordination between the local educational

agency and a Head Start agency and, if feasible, other entities

carrying out early childhood development programs, such as the

Early Reading First program, serving children who will attend the

schools of the local educational agency, including -

(1) developing and implementing a systematic procedure for

receiving records regarding such children, transferred with

parental consent from a Head Start program or, where applicable,

another early childhood development program such as the Early

Reading First program;

(2) establishing channels of communication between school staff

and their counterparts (including teachers, social workers, and

health staff) in such Head Start agencies or other entities

carrying out early childhood development programs such as the

Early Reading First program, as appropriate, to facilitate

coordination of programs;

(3) conducting meetings involving parents, kindergarten or

elementary school teachers, and Head Start teachers or, if

appropriate, teachers from other early childhood development

programs such as the Early Reading First program, to discuss the

developmental and other needs of individual children;

(4) organizing and participating in joint transition-related

training of school staff, Head Start program staff, Early Reading

First program staff, and, where appropriate, other early

childhood development program staff; and

(5) linking the educational services provided by such local

educational agency with the services provided by local Head Start

agencies and entities carrying out Early Reading First programs.

(c) Coordination of regulations

The Secretary shall work with the Secretary of Health and Human

Services to coordinate regulations promulgated under this part with

regulations promulgated under the Head Start Act (42 U.S.C. 9831 et

seq.).

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1120B, as added Pub. L. 107-110,

title I, Sec. 101, Jan. 8, 2002, 115 Stat. 1512.)

-REFTEXT-

REFERENCES IN TEXT

The Head Start Act, referred to in subsec. (c), is subchapter B

(Sec. 635-657) of chapter 8 of subtitle A of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified

generally to subchapter II (Sec. 9831 et seq.) of chapter 105 of

Title 42, The Public Health and Welfare. For complete

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

out under section 9801 of Title 42 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 6322, Pub. L. 89-10, title I, Sec. 1120A, as

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

3559; amended Pub. L. 104-134, title I, Sec. 101(b) (title II, Sec.

2754), Apr. 26, 1996, 110 Stat. 1321-77, 1321-150; renumbered title

I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, related

to fiscal requirements, prior to the general amendment of this

subchapter by Pub. L. 107-110. See section 6321 of this title.

A prior section 6323, Pub. L. 89-10, title I, Sec. 1120B, as

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

3560, related to coordination requirements, prior to its omission

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

-CITE-

20 USC subpart 2 - allocations 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 2 - allocations

.

-HEAD-

subpart 2 - allocations

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 6303, 6316, 6317, 6318,

6362, 7172 of this title.

-CITE-

20 USC Sec. 6331 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 2 - allocations

-HEAD-

Sec. 6331. Grants for the outlying areas and the Secretary of the

Interior

-STATUTE-

(a) Reservation of funds

From the amount appropriated for payments to States for any

fiscal year under section (FOOTNOTE 1) 6302(a) and 6337(f) of this

title, the Secretary shall reserve a total of 1 percent to provide

assistance to -

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

(1) the outlying areas in the amount determined in accordance

with subsection (b) of this section; and

(2) the Secretary of the Interior in the amount necessary to

make payments pursuant to subsection (d) of this section.

(b) Assistance to outlying areas

(1) Funds reserved

From the amount made available for any fiscal year under

subsection (a) of this section, the Secretary shall award grants

to local educational agencies in the outlying areas.

(2) Competitive grants

Until each appropriate outlying area enters into an agreement

for extension of United States educational assistance under the

Compact of Free Association after January 8, 2002, the Secretary

shall carry out the competition described in paragraph (3),

except that the amount reserved to carry out such competition

shall not exceed $5,000,000.

(3) Limitation for competitive grants

(A) Competitive grants

The Secretary shall use funds described in paragraph (2) to

award grants to the outlying areas and freely associated States

to carry out the purposes of this part.

(B) Award basis

The Secretary shall award grants under subparagraph (A) on a

competitive basis, taking into consideration the

recommendations of the Pacific Region Educational Laboratory in

Honolulu, Hawaii.

(C) Uses

Except as provided in subparagraph (D), grant funds awarded

under this paragraph may be used only -

(i) for programs described in this chapter, including

teacher training, curriculum development, instructional

materials, or general school improvement and reform; and

(ii) to provide direct educational services that assist all

students with meeting challenging State academic content

standards.

(D) Administrative costs

The Secretary may provide not more than 5 percent of the

amount reserved for grants under this paragraph to pay the

administrative costs of the Pacific Region Educational

Laboratory under subparagraph (B).

(4) Special rule

The provisions of Public Law 95-134, permitting the

consolidation of grants by the outlying areas, shall not apply to

funds provided to the freely associated States under this

section.

(c) Definitions

For the purpose of subsections (a) and (b) of this section -

(1) the term ''freely associated states'' means the Republic of

the Marshall Islands, the Federated States of Micronesia, and the

Republic of Palau; and

(2) the term ''outlying area'' means the United States Virgin

Islands, Guam, American Samoa, and the Commonwealth of the

Northern Mariana Islands.

(d) Allotment to the Secretary of the Interior

(1) In general

The amount allotted for payments to the Secretary of the

Interior under subsection (a)(2) of this section for any fiscal

year shall be, as determined pursuant to criteria established by

the Secretary, the amount necessary to meet the special

educational needs of -

(A) Indian children on reservations served by elementary

schools and secondary schools for Indian children operated or

supported by the Department of the Interior; and

(B) out-of-State Indian children in elementary schools and

secondary schools in local educational agencies under special

contracts with the Department of the Interior.

(2) Payments

From the amount allotted for payments to the Secretary of the

Interior under subsection (a)(2) of this section, the Secretary

of the Interior shall make payments to local educational

agencies, on such terms as the Secretary determines will best

carry out the purposes of this part, with respect to out-of-State

Indian children described in paragraph (1). The amount of such

payment may not exceed, for each such child, the greater of -

(A) 40 percent of the average per-pupil expenditure in the

State in which the agency is located; or

(B) 48 percent of such expenditure in the United States.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1121, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1513.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 95-134, referred to in subsec. (b)(4), is Pub. L.

95-134, Oct. 15, 1977, 91 Stat. 1159, as amended. Provisions

relating to consolidation of grants are contained in section 501 of

Pub. L. 95-134 which is classified to section 1469a of Title 48,

Territories and Insular Possessions.

-MISC2-

PRIOR PROVISIONS

A prior section 6331, Pub. L. 89-10, title I, Sec. 1121, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3561,

related to grants for outlying areas and the Secretary of the

Interior, 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 7255f, 7801, 9501 of this

title.

-CITE-

20 USC Sec. 6332 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 2 - allocations

-HEAD-

Sec. 6332. Allocations to States

-STATUTE-

(a) Allocation formula

Of the amount appropriated under section 6302(a) of this title to

carry out this part for each of fiscal years 2002-2007 (referred to

in this subsection as the current fiscal year) -

(1) an amount equal to the amount made available to carry out

section 6333 of this title for fiscal year 2001 shall be

allocated in accordance with section 6333 of this title;

(2) an amount equal to the amount made available to carry out

section 6334 of this title for fiscal year 2001 shall be

allocated in accordance with section 6334 of this title; and

(3) an amount equal to 100 percent of the amount, if any, by

which the amount made available to carry out sections 6333, 6334,

and 6335 of this title for the current fiscal year for which the

determination is made exceeds the amount available to carry out

sections 6333 and 6334 of this title for fiscal year 2001 shall

be allocated in accordance with section 6335 of this title.

(b) Adjustments where necessitated by appropriations

(1) In general

If the sums available under this subpart for any fiscal year

are insufficient to pay the full amounts that all local

educational agencies in States are eligible to receive under

sections 6333, 6334, and 6335 of this title for such year, the

Secretary shall ratably reduce the allocations to such local

educational agencies, subject to subsections (c) and (d) of this

section.

(2) Additional funds

If additional funds become available for making payments under

sections 6333, 6334, and 6335 of this title for such fiscal year,

allocations that were reduced under paragraph (1) shall be

increased on the same basis as they were reduced.

(c) Hold-harmless amounts

(1) Amounts for sections 6333, 6334, and 6335

For each fiscal year, the amount made available to each local

educational agency under each of sections 6333, 6334, and 6335 of

this title shall be -

(A) not less than 95 percent of the amount made available for

the preceding fiscal year if the number of children counted for

grants under section 6333 of this title is not less than 30

percent of the total number of children aged 5 to 17 years,

inclusive, in the local educational agency;

(B) not less than 90 percent of the amount made available for

the preceding fiscal year if the percentage described in

subparagraph (A) is between 15 percent and 30 percent; and

(C) not less than 85 percent of the amount made available for

the preceding fiscal year if the percentage described in

subparagraph (A) is below 15 percent.

(2) Payments

If sufficient funds are appropriated, the amounts described in

paragraph (1) shall be paid to all local educational agencies

that received grants under section 6334 of this title for the

preceding fiscal year, regardless of whether the local

educational agency meets the minimum eligibility criteria for

that fiscal year described in section 6334(a)(1)(A) of this title

except that a local educational agency that does not meet such

minimum eligibility criteria for 4 consecutive years shall no

longer be eligible to receive a hold harmless amount referred to

in paragraph (1).

(3) Applicability

Notwithstanding any other provision of law, the Secretary shall

not take into consideration the hold-harmless provisions of this

subsection for any fiscal year for purposes of calculating State

or local allocations for the fiscal year under any program

administered by the Secretary other than a program authorized

under this part.

(4) Population data

For any fiscal year for which the Secretary calculates grants

on the basis of population data for counties, the Secretary shall

apply the hold-harmless percentages in paragraphs (1) and (2) to

counties and, if the Secretary's allocation for a county is not

sufficient to meet the hold-harmless requirements of this

subsection for every local educational agency within that county,

the State educational agency shall reallocate funds

proportionately from all other local educational agencies in the

State that are receiving funds in excess of the hold-harmless

amounts specified in this subsection.

(d) Ratable reductions

(1) In general

If the sums made available under this subpart for any fiscal

year are insufficient to pay the full amounts that local

educational agencies in all States are eligible to receive under

subsection (c) of this section for such year, the Secretary shall

ratably reduce such amounts for such year.

(2) Additional funds

If additional funds become available for making payments under

subsection (c) of this section for such fiscal year, amounts that

were reduced under paragraph (1) shall be increased on the same

basis as such amounts were reduced.

(e) Definition

For the purpose of this section and sections 6333, 6334, 6335,

and 6337 of this title, 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 I, Sec. 1122, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1515.)

-MISC1-

PRIOR PROVISIONS

A prior section 6332, Pub. L. 89-10, title I, Sec. 1122, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3562,

related to allocations to States, 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 6333, 6334, 6335, 6336,

6337 of this title; title 42 section 11432.

-CITE-

20 USC Sec. 6333 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 2 - allocations

-HEAD-

Sec. 6333. Basic grants to local educational agencies

-STATUTE-

(a) Amount of grants

(1) Grants for local educational agencies and Puerto Rico

Except as provided in paragraph (4) and in section 6338 of this

title, the grant that a local educational agency is eligible to

receive under this section for a fiscal year is the amount

determined by multiplying -

(A) the number of children counted under subsection (c) of

this section; and

(B) 40 percent of the average per-pupil expenditure in the

State, except that the amount determined under this

subparagraph shall not be less than 32 percent, or more than 48

percent, of the average per-pupil expenditure in the United

States.

(2) Calculation of grants

(A) Allocations to local educational agencies

The Secretary shall calculate grants under this section on

the basis of the number of children counted under subsection

(c) of this section for local educational agencies, unless the

Secretary and the Secretary of Commerce determine that some or

all of those data are unreliable or that their use would be

otherwise inappropriate, in which case -

(i) the two Secretaries shall publicly disclose the reasons

for their determination in detail; and

(ii) paragraph (3) shall apply.

(B) Allocations to large and small local educational agencies

(i) For any fiscal year to which this paragraph applies, the

Secretary shall calculate grants under this section for each

local educational agency.

(ii) The amount of a grant under this section for each large

local educational agency shall be the amount determined under

clause (i).

(iii) For small local educational agencies, the State

educational agency may either -

(I) distribute grants under this section in amounts

determined by the Secretary under clause (i); or

(II) use an alternative method approved by the Secretary to

distribute the portion of the State's total grants under this

section that is based on those small agencies.

(iv) An alternative method under clause (iii)(II) shall be

based on population data that the State educational agency

determines best reflect the current distribution of children in

poor families among the State's small local educational

agencies that meet the eligibility criteria of subsection (b)

of this section.

(v) If a small local educational agency is dissatisfied with

the determination of its grant by the State educational agency

under clause (iii)(II), it may appeal that determination to the

Secretary, who shall respond not later than 45 days after

receipt of such appeal.

(vi) As used in this subparagraph -

(I) the term ''large local educational agency'' means a

local educational agency serving an area with a total

population of 20,000 or more; and

(II) the term ''small local educational agency'' means a

local educational agency serving an area with a total

population of less than 20,000.

(3) Allocations to counties

(A) Calculation

For any fiscal year to which this paragraph applies, the

Secretary shall calculate grants under this section on the

basis of the number of children counted under subsection (c) of

this section for counties, and State educational agencies shall

suballocate county amounts to local educational agencies, in

accordance with regulations issued by the Secretary.

(B) Direct allocations

In any State in which a large number of local educational

agencies overlap county boundaries, or for which the State

believes it has data that would better target funds than

allocating them by county, the State educational agency may

apply to the Secretary for authority to make the allocations

under this subpart for a particular fiscal year directly to

local educational agencies without regard to counties.

(C) Allocations to local educational agencies

If the Secretary approves the State educational agency's

application under subparagraph (B), the State educational

agency shall provide the Secretary an assurance that such

allocations shall be made -

(i) using precisely the same factors for determining a

grant as are used under this subpart; or

(ii) using data that the State educational agency submits

to the Secretary for approval that more accurately target

poverty.

(D) Appeal

The State educational agency shall provide the Secretary an

assurance that it will establish a procedure through which a

local educational agency that is dissatisfied with its

determinations under subparagraph (B) may appeal directly to

the Secretary for a final determination.

(4) Puerto Rico

(A) In general

For each fiscal year, the grant that the Commonwealth of

Puerto Rico shall be eligible to receive under this section

shall be the amount determined by multiplying the number of

children counted under subsection (c) of this section for the

Commonwealth of Puerto Rico by the product of -

(i) subject to subparagraph (B), the percentage that the

average per-pupil expenditure in the Commonwealth of Puerto

Rico is of the lowest average per-pupil expenditure of any of

the 50 States; and

(ii) 32 percent of the average per-pupil expenditure in the

United States.

(B) Minimum percentage

The percentage in subparagraph (A)(i) shall not be less than

-

(i) for fiscal year 2002, 77.5 percent;

(ii) for fiscal year 2003, 80.0 percent;

(iii) for fiscal year 2004, 82.5 percent;

(iv) for fiscal year 2005, 85.0 percent;

(v) for fiscal year 2006, 92.5 percent; and

(vi) for fiscal year 2007 and succeeding fiscal years,

100.0 percent.

(C) Limitation

If the application of subparagraph (B) would result in any of

the 50 States or the District of Columbia receiving less under

this subpart than it received under this subpart for the

preceding fiscal year, the percentage in subparagraph (A) shall

be the greater of -

(i) the percentage in subparagraph (A)(i);

(ii) the percentage specified in subparagraph (B) for the

preceding fiscal year; or

(iii) the percentage used for the preceding fiscal year.

(b) Minimum number of children to qualify

A local educational agency is eligible for a basic grant under

this section for any fiscal year only if the number of children

counted under subsection (c) of this section for that agency is

both -

(1) 10 or more; and

(2) more than 2 percent of the total school-age population in

the agency's jurisdiction.

(c) Children to be counted

(1) Categories of children

The number of children to be counted for purposes of this

section is the aggregate of -

(A) the number of children aged 5 to 17, inclusive, in the

school district of the local educational agency from families

below the poverty level as determined under paragraph (2);

(B) the number of children (determined under paragraph (4)

for either the preceding year as described in that paragraph,

or for the second preceding year, as the Secretary finds

appropriate) aged 5 to 17, inclusive, in the school district of

such agency in institutions for neglected and delinquent

children (other than such institutions operated by the United

States), but not counted pursuant to subpart 1 of part D of

this subchapter for the purposes of a grant to a State agency,

or being supported in foster homes with public funds; and

(C) the number of children aged 5 to 17, inclusive, in the

school district of such agency from families above the poverty

level as determined under paragraph (4).

(2) Determination of number of children

For the purposes of this section, the Secretary shall determine

the number of children aged 5 to 17, inclusive, from families

below the poverty level on the basis of the most recent

satisfactory data, described in paragraph (3), available from the

Department of Commerce. The District of Columbia and the

Commonwealth of Puerto Rico shall be treated as individual local

educational agencies. If a local educational agency contains two

or more counties in their entirety, then each county will be

treated as if such county were a separate local educational

agency for purposes of calculating grants under this part. The

total of grants for such counties shall be allocated to such a

local educational agency, which local educational agency shall

distribute to schools in each county within such agency a share

of the local educational agency's total grant that is no less

than the county's share of the population counts used to

calculate the local educational agency's grant.

(3) Population updates

(A) In general

In fiscal year 2002 and each subsequent fiscal year, the

Secretary shall use updated data on the number of children,

aged 5 to 17, inclusive, from families below the poverty level

for counties or local educational agencies, published by the

Department of Commerce, unless the Secretary and the Secretary

of Commerce determine that the use of the updated population

data would be inappropriate or unreliable. If appropriate and

reliable data are not available annually, the Secretary shall

use data which are updated every 2 years.

(B) Inappropriate or unreliable data

If the Secretary and the Secretary of Commerce determine that

some or all of the data referred to in subparagraph (A) are

inappropriate or unreliable, the Secretary and the Secretary of

Commerce shall publicly disclose their reasons.

(C) Criteria of poverty

In determining the families that are below the poverty level,

the Secretary shall use the criteria of poverty used by the

Bureau of the Census in compiling the most recent decennial

census, as the criteria have been updated by increases in the

Consumer Price Index for All Urban Consumers, published by the

Bureau of Labor Statistics.

(4) Other children to be counted

(A) For the purpose of this section, the Secretary shall

determine the number of children aged 5 to 17, inclusive, from

families above the poverty level on the basis of the number of

such children from families receiving an annual income, in excess

of the current criteria of poverty, from payments under a State

program funded under part A of title IV of the Social Security

Act (42 U.S.C. 601 et seq.); and in making such determinations,

the Secretary shall use the criteria of poverty used by the

Bureau of the Census in compiling the most recent decennial

census for a family of four in such form as those criteria have

been updated by increases in the Consumer Price Index for All

Urban Consumers, published by the Bureau of Labor Statistics.

(B) The Secretary shall determine the number of such children

and the number of children aged 5 through 17 living in

institutions for neglected or delinquent children, or being

supported in foster homes with public funds, on the basis of the

caseload data for the month of October of the preceding fiscal

year (using, in the case of children described in the preceding

sentence, the criteria of poverty and the form of such criteria

required by such sentence which were determined for the calendar

year preceding such month of October) or, to the extent that such

data are not available to the Secretary before January of the

calendar year in which the Secretary's determination is made,

then on the basis of the most recent reliable data available to

the Secretary at the time of such determination.

(C) Except for the data on children living in institutions for

neglected or delinquent children, the Secretary of Health and

Human Services shall collect and transmit the information

required by this subparagraph to the Secretary not later than

January 1 of each year.

(D) For the purpose of this section, the Secretary shall

consider all children who are in correctional institutions to be

living in institutions for delinquent children.

(5) Estimate

When requested by the Secretary, the Secretary of Commerce

shall make a special updated estimate of the number of children

of such ages who are from families below the poverty level (as

determined under paragraph (1)(A)) in each school district, and

the Secretary is authorized to pay (either in advance or by way

of reimbursement) the Secretary of Commerce the cost of making

this special estimate. The Secretary of Commerce shall give

consideration to any request of the chief executive of a State

for the collection of additional census information.

(d) State minimum

Notwithstanding section 6332 of this title, the aggregate amount

allotted for all local educational agencies within a State may not

be less than the lesser of -

(1) 0.25 percent of the total amount allocated to States under

this section for fiscal year 2001, plus 0.35 percent of the total

amount allocated to States under this section in excess of the

amount allocated for fiscal year 2001; or

(2) the average of -

(A) the amount calculated in paragraph (1), above; and

(B) the number of children in such State counted under

subsection (c) of this section in the fiscal year multiplied by

150 percent of the national average per-pupil payment made with

funds available under this section for that year.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1124, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1516.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (c)(4)(A), 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-

PRIOR PROVISIONS

A prior section 6333, Pub. L. 89-10, title I, Sec. 1124, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3564;

amended Pub. L. 104-193, title I, Sec. 110(j)(2), Aug. 22, 1996,

110 Stat. 2172, related to basic grants to local educational

agencies, 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 1070a-24, 2351, 6316,

6332, 6334, 6335, 6337, 6338, 6362, 6364, 6368, 6512, 6534, 6537,

9602 of this title.

-CITE-

20 USC Sec. 6334 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 2 - allocations

-HEAD-

Sec. 6334. Concentration grants to local educational agencies

-STATUTE-

(a) Eligibility for and amount of grants

(1) In general

(A) Except as otherwise provided in this paragraph, each local

educational agency which is eligible for a grant under section

6333 of this title for any fiscal year is eligible for an

additional grant under this section for that fiscal year if the

number of children counted under section 6333(c) of this title in

the agency exceeds either -

(i) 6,500; or

(ii) 15 percent of the total number of children aged 5

through 17 in the agency.

(B) Notwithstanding section 6332 of this title, no State shall

receive less than the lesser of -

(i) 0.25 percent of the total amount allocated to States

under this section for fiscal year 2001, plus 0.35 percent of

the total amount allocated to States under this section in

excess of the amount allocated for fiscal year 2001; or

(ii) the average of -

(I) the amount calculated under clause (i); and

(II) the greater of -

(aa) $340,000; or

(bb) the number of children in such State counted for

purposes of this section in that fiscal year multiplied by

150 percent of the national average per-pupil payment made

with funds available under this section for that year.

(2) Determination

For each county or local educational agency eligible to receive

an additional grant under this section for any fiscal year, the

Secretary shall determine the product of -

(A) the number of children counted under section 6333(c) of

this title for that fiscal year; and

(B) the amount in section 6333(a)(1)(B) of this title for

each State except the Commonwealth of Puerto Rico, and the

amount in section 6333(a)(4) of this title for the Commonwealth

of Puerto Rico.

(3) Amount

The amount of the additional grant for which an eligible local

educational agency or county is eligible under this section for

any fiscal year shall be an amount which bears the same ratio to

the amount available to carry out this section for that fiscal

year as the product determined under paragraph (2) for such local

educational agency for that fiscal year bears to the sum of such

products for all local educational agencies in the United States

for that fiscal year.

(4) Local allocations

(A) Grant amounts under this section shall be determined in

accordance with section 6333(a)(2), (3), and (4) of this title.

(B) For any fiscal year for which the Secretary allocates funds

under this section on the basis of counties, a State may reserve

not more than 2 percent of its allocation under this section to

make grants to local educational agencies that meet the criteria

of paragraph (1)(A)(i) or (ii) and are in ineligible counties

that do not meet these criteria.

(b) Small States

In any State for which on January 8, 2002, the number of children

counted under section 6333(c) of this title is less than 0.25

percent of the number of those children counted for all States, the

State educational agency shall allocate funds under this section

among the local educational agencies in the State either -

(1) in accordance with paragraphs (2) and (4) of subsection (a)

of this section; or

(2) based on their respective concentrations and numbers of

children counted under section 6333(c) of this title, except that

only those local educational agencies with concentrations or

numbers of children counted under section 6333(c) of this title

that exceed the statewide average percentage of such children or

the statewide average number of such children shall receive any

funds on the basis of this paragraph.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1124A, as added Pub. L. 107-110,

title I, Sec. 101, Jan. 8, 2002, 115 Stat. 1521.)

-MISC1-

PRIOR PROVISIONS

A prior section 6334, Pub. L. 89-10, title I, Sec. 1124A, as

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

3569, related to concentration grants to local educational

agencies, 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 6332, 6338, 7111, 7136 of

this title.

-CITE-

20 USC Sec. 6335 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 2 - allocations

-HEAD-

Sec. 6335. Targeted grants to local educational agencies

-STATUTE-

(a) Eligibility of local educational agencies

(1) In general

A local educational agency in a State is eligible to receive a

targeted grant under this section for any fiscal year if -

(A) the number of children in the local educational agency

counted under section 6333(c) of this title, before application

of the weighted child count described in subsection (c) of this

section, is at least 10; and

(B) if the number of children counted for grants under

section 6333(c) of this title, before application of the

weighted child count described in subsection (c) of this

section, is at least 5 percent of the total number of children

aged 5 to 17 years, inclusive, in the school district of the

local educational agency.

(2) Special rule

For any fiscal year for which the Secretary allocates funds

under this section on the basis of counties, funds made available

as a result of applying this subsection shall be reallocated by

the State educational agency to other eligible local educational

agencies in the State in proportion to the distribution of other

funds under this section.

(b) Grants for local educational agencies, the District of

Columbia, and the Commonwealth of Puerto Rico

(1) In general

The amount of the grant that a local educational agency in a

State (other than the Commonwealth of Puerto Rico) is eligible to

receive under this section for any fiscal year shall be the

product of -

(A) the weighted child count determined under subsection (c)

of this section; and

(B) the amount determined under section 6333(a)(1)(B) of this

title.

(2) Puerto Rico

For each fiscal year, the amount of the grant the Commonwealth

of Puerto Rico is eligible to receive under this section shall be

equal to the number of children counted under subsection (c) of

this section for the Commonwealth of Puerto Rico, multiplied by

the amount determined in section 6333(a)(4) of this title for the

Commonwealth of Puerto Rico.

(c) Weighted child count

(1) Weights for allocations to counties

(A) In general

For each fiscal year for which the Secretary uses county

population data to calculate grants, the weighted child count

used to determine a county's allocation under this section is

the larger of the two amounts determined under subparagraphs

(B) and (C).

(B) By percentage of children

The amount referred to in subparagraph (A) is determined by

adding -

(i) the number of children determined under section 6333(c)

of this title for that county who constitute not more than

15.00 percent, inclusive, of the county's total population

aged 5 to 17, inclusive, multiplied by 1.0;

(ii) the number of such children who constitute more than

15.00 percent, but not more than 19.00 percent, of such

population, multiplied by 1.75;

(iii) the number of such children who constitute more than

19.00 percent, but not more than 24.20 percent, of such

population, multiplied by 2.5;

(iv) the number of such children who constitute more than

24.20 percent, but not more than 29.20 percent, of such

population, multiplied by 3.25; and

(v) the number of such children who constitute more than

29.20 percent of such population, multiplied by 4.0.

(C) By number of children

The amount referred to in subparagraph (A) is determined by

adding -

(i) the number of children determined under section 6333(c)

of this title who constitute not more than 2,311, inclusive,

of the county's total population aged 5 to 17, inclusive,

multiplied by 1.0;

(ii) the number of such children between 2,312 and 7,913,

inclusive, in such population, multiplied by 1.5;

(iii) the number of such children between 7,914 and 23,917,

inclusive, in such population, multiplied by 2.0;

(iv) the number of such children between 23,918 and 93,810,

inclusive, in such population, multiplied by 2.5; and

(v) the number of such children in excess of 93,811 in such

population, multiplied by 3.0.

(D) Puerto Rico

Notwithstanding subparagraph (A), the weighting factor for

the Commonwealth of Puerto Rico under this paragraph shall not

be greater than the total number of children counted under

section 6333(c) of this title multiplied by 1.82.

(2) Weights for allocations to local educational agencies

(A) In general

For each fiscal year for which the Secretary uses local

educational agency data, the weighted child count used to

determine a local educational agency's grant under this section

is the larger of the two amounts determined under subparagraphs

(B) and (C).

(B) By percentage of children

The amount referred to in subparagraph (A) is determined by

adding -

(i) the number of children determined under section 6333(c)

of this title for that local educational agency who

constitute not more than 15.58 percent, inclusive, of the

agency's total population aged 5 to 17, inclusive, multiplied

by 1.0;

(ii) the number of such children who constitute more than

15.58 percent, but not more than 22.11 percent, of such

population, multiplied by 1.75;

(iii) the number of such children who constitute more than

22.11 percent, but not more than 30.16 percent, of such

population, multiplied by 2.5;

(iv) the number of such children who constitute more than

30.16 percent, but not more than 38.24 percent, of such

population, multiplied by 3.25; and

(v) the number of such children who constitute more than

38.24 percent of such population, multiplied by 4.0.

(C) By number of children

The amount referred to in subparagraph (A) is determined by

adding -

(i) the number of children determined under section 6333(c)

of this title who constitute not more than 691, inclusive, of

the agency's total population aged 5 to 17, inclusive,

multiplied by 1.0;

(ii) the number of such children between 692 and 2,262,

inclusive, in such population, multiplied by 1.5;

(iii) the number of such children between 2,263 and 7,851,

inclusive, in such population, multiplied by 2.0;

(iv) the number of such children between 7,852 and 35,514,

inclusive, in such population, multiplied by 2.5; and

(v) the number of such children in excess of 35,514 in such

population, multiplied by 3.0.

(D) Puerto Rico

Notwithstanding subparagraph (A), the weighting factor for

the Commonwealth of Puerto Rico under this paragraph shall not

be greater than the total number of children counted under

section 6333(c) of this title multiplied by 1.82.

(d) Calculation of grant amounts

Grant amounts under this section shall be calculated in the same

manner as grant amounts are calculated under section 6333(a)(2) and

(3) of this title.

(e) State minimum

Notwithstanding any other provision of this section or section

6332 of this title, from the total amount available for any fiscal

year to carry out this section, each State shall be allotted at

least the lesser of -

(1) 0.35 percent of the total amount available to carry out

this section; or

(2) the average of -

(A) 0.35 percent of the total amount available to carry out

this section; and

(B) 150 percent of the national average grant under this

section per child described in section 6333(c) of this title,

without application of a weighting factor, multiplied by the

State's total number of children described in section 6333(c)

of this title, without application of a weighting factor.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1125, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1522.)

-MISC1-

PRIOR PROVISIONS

A prior section 6335, Pub. L. 89-10, title I, Sec. 1125, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3571,

related to targeted grants to local educational agencies, 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 6332, 6336, 6338 of this

title.

-CITE-

20 USC Sec. 6336 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 2 - allocations

-HEAD-

Sec. 6336. Adequacy of funding of targeted grants to local

educational agencies in fiscal years after fiscal year 2001

-STATUTE-

(a) Findings

Congress makes the following findings:

(1) The current Basic Grant Formula for the distribution of

funds under this part often does not provide funds for the

economically disadvantaged students for which such funds are

targeted.

(2) Any school district in which more than 2 percent of the

students live below the poverty level qualifies for funding under

the Basic Grant Formula. As a result, 9 out of every 10 school

districts in the country receive some form of aid under the

Formula.

(3) Fifty-eight percent of all schools receive at least some

funding under this part, including many suburban schools with

predominantly well-off students.

(4) One out of every 5 schools with concentrations of poor

students between 50 and 75 percent receive no funding at all

under this part.

(5) In passing the Improving America's Schools Act in 1994,

Congress declared that grants under this part would more sharply

target high poverty schools by using the Targeted Grant Formula,

but annual appropriation Acts have prevented the use of that

Formula.

(6) The advantage of the Targeted Grant Formula over other

funding formulas under this part is that the Targeted Grant

Formula provides increased grants per poor child as the

percentage of economically disadvantaged children in a school

district increases.

(7) Studies have found that the poverty of a child's family is

much more likely to be associated with educational disadvantage

if the family lives in an area with large concentrations of poor

families.

(8) States with large populations of high poverty students

would receive significantly more funding if more funds under this

part were allocated through the Targeted Grant Formula.

(9) Congress has an obligation to allocate funds under this

part so that such funds will positively affect the largest number

of economically disadvantaged students.

(b) Limitation on allocation of subchapter I funds contingent on

adequate funding of targeted grants

Pursuant to section 6332 of this title, the total amount

allocated in any fiscal year after fiscal year 2001 for programs

and activities under this part shall not exceed the amount

allocated in fiscal year 2001 for such programs and activities

unless the amount available for targeted grants to local

educational agencies under section 6335 of this title in the

applicable fiscal year meets the requirements of section 6332(a) of

this title.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1125AA, as added Pub. L. 107-110,

title I, Sec. 101, Jan. 8, 2002, 115 Stat. 1525.)

-REFTEXT-

REFERENCES IN TEXT

The Improving America's Schools Act of 1994, referred to in

subsec. (a)(5), is Pub. L. 103-382, Oct. 20, 1994, 108 Stat. 3518,

as amended. For complete classification of this Act to the Code,

see Short Title of 1994 Amendment note set out under section 6301

of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 6336, Pub. L. 89-10, title I, Sec. 1125A, as

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

3575, related to education finance incentive program, prior to the

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

section 6337 of this title.

-CITE-

20 USC Sec. 6337 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 2 - allocations

-HEAD-

Sec. 6337. Education finance incentive grant program

-STATUTE-

(a) Grants

From funds appropriated under subsection (f) of this section the

Secretary is authorized to make grants to States, from allotments

under subsection (b) of this section, to carry out the programs and

activities of this part.

(b) Distribution based upon fiscal effort and equity

(1) In general

(A) In general

Except as provided in subparagraph (B), funds appropriated

pursuant to subsection (f) of this section shall be allotted to

each State based upon the number of children counted under

section 6333(c) of this title in such State multiplied by the

product of -

(i) the amount in section 6333(a)(1)(B) of this title for

all States other than the Commonwealth of Puerto Rico, except

that the amount determined under that subparagraph shall not

be less that 34 percent or more than 46 percent of the

average per pupil expenditure in the United States, and the

amount in section 6333(a)(4) of this title for the

Commonwealth of Puerto Rico, except that the amount in

section 6333(a)(4)(A)(ii) of this title shall be 34 percent

of the average per pupil expenditure in the United States;

multiplied by

(ii) such State's effort factor described in paragraph (2);

multiplied by

(iii) 1.30 minus such State's equity factor described in

paragraph (3).

(B) State minimum

Notwithstanding any other provision of this section or

section 6332 of this title, from the total amount available for

any fiscal year to carry out this section, each State shall be

allotted at least the lesser of -

(i) 0.35 percent of total appropriations; or

(ii) the average of -

(I) 0.35 percent of the total amount available to carry

out this section; and

(II) 150 percent of the national average grant under this

section per child described in section 6333(c) of this

title, without application of a weighting factor,

multiplied by the State's total number of children

described in section 6333(c) of this title, without

application of a weighting factor.

(2) Effort factor

(A) In general

Except as provided in subparagraph (B), the effort factor for

a State shall be determined in accordance with the succeeding

sentence, except that such factor shall not be less than 0.95

nor greater than 1.05. The effort factor determined under this

sentence shall be a fraction the numerator of which is the

product of the 3-year average per-pupil expenditure in the

State multiplied by the 3-year average per capita income in the

United States and the denominator of which is the product of

the 3-year average per capita income in such State multiplied

by the 3-year average per-pupil expenditure in the United

States.

(B) Commonwealth of Puerto Rico

The effort factor for the Commonwealth of Puerto Rico shall

be equal to the lowest effort factor calculated under

subparagraph (A) for any State.

(3) Equity factor

(A) Determination

(i) In general

Except as provided in subparagraph (B), the Secretary shall

determine the equity factor under this section for each State

in accordance with clause (ii).

(ii) Computation

(I) In general

For each State, the Secretary shall compute a weighted

coefficient of variation for the per-pupil expenditures of

local educational agencies in accordance with subclauses

(II), (III), and (IV).

(II) Variation

In computing coefficients of variation, the Secretary

shall weigh the variation between per-pupil expenditures in

each local educational agency and the average per-pupil

expenditures in the State according to the number of pupils

served by the local educational agency.

(III) Number of pupils

In determining the number of pupils under this paragraph

served by each local educational agency and in each State,

the Secretary shall multiply the number of children counted

under section 6333(c) of this title by a factor of 1.4.

(IV) Enrollment requirement

In computing coefficients of variation, the Secretary

shall include only those local educational agencies with an

enrollment of more than 200 students.

(B) Special rule

The equity factor for a State that meets the disparity

standard described in section 222.162 of title 34, Code of

Federal Regulations (as such section was in effect on the day

preceding January 8, 2002) or a State with only one local

educational agency shall be not greater than 0.10.

(c) Use of funds; eligibility of local educational agencies

All funds awarded to each State under this section shall be

allocated to local educational agencies under the following

provisions. Within local educational agencies, funds allocated

under this section shall be distributed to schools on a basis

consistent with section 6313 of this title, and may only be used to

carry out activities under this part. A local educational agency

in a State is eligible to receive a targeted grant under this

section for any fiscal year if -

(A) the number of children in the local educational agency

counted under section 6333(c) of this title, before application

of the weighted child count described in paragraph (3), is at

least 10; and

(B) if the number of children counted for grants under section

6333(c) of this title, before application of the weighted child

count described in paragraph (3), is at least 5 percent of the

total number of children aged 5 to 17 years, inclusive, in the

school district of the local educational agency.

For any fiscal year for which the Secretary allocates funds under

this section on the basis of counties, funds made available as a

result of applying this subsection shall be reallocated by the

State educational agency to other eligible local educational

agencies in the State in proportion to the distribution of other

funds under this section.

(d) Allocation of funds to eligible local educational agencies

Funds received by States under this section shall be allocated

within States to eligible local educational agencies on the basis

of weighted child counts calculated in accordance with paragraph

(1), (2), or (3), as appropriate for each State.

(1) States with an equity factor less than .10

In States with an equity factor less than .10, the weighted

child counts referred to in subsection (d) of this section shall

be calculated as follows:

(A) Weights for allocations to counties

(i) In general

For each fiscal year for which the Secretary uses county

population data to calculate grants, the weighted child count

used to determine a county's allocation under this section is

the larger of the two amounts determined under clauses (ii)

and (iii).

(ii) By percentage of children

The amount referred to in clause ''(i) (FOOTNOTE 1) is

determined by adding -

(FOOTNOTE 1) So in original. The opening quotation marks

probably should not appear.

(I) the number of children determined under section

6333(c) of this title for that county who constitute not

more than 15.00 percent, inclusive, of the county's total

population aged 5 to 17, inclusive, multiplied by 1.0;

(II) the number of such children who constitute more than

15.00 percent, but not more than 19.00 percent, of such

population, multiplied by 1.75;

(III) the number of such children who constitute more

than 19.00 percent, but not more than 24.20 percent, of

such population, multiplied by 2.5;

(IV) the number of such children who constitute more than

24.20 percent, but not more than 29.20 percent, of such

population, multiplied by 3.25; and

(V) the number of such children who constitute more than

29.20 percent of such population, multiplied by 4.0.

(iii) By number of children

The amount referred to in clause (i) is determined by

adding

(I) the number of children determined under section

6333(c) of this title who constitute not more than 2,311,

inclusive, of the county's total population aged 5 to 17,

inclusive, multiplied by 1.0;

(II) the number of such children between 2,312 and 7,913,

inclusive, in such population, multiplied by 1.5;

(III) the number of such children between 7,914 and

23,917, inclusive, in such population, multiplied by 2.0;

(IV) the number of such children between 23,918 and

93,810, inclusive, in such population, multiplied by 2.5;

and

(V) the number of such children in excess of 93,811 in

such population, multiplied by 3.0.

(B) Weights for allocations to local educational agencies

(i) In general

For each fiscal year for which the Secretary uses local

educational agency data, the weighted child count used to

determine a local educational agency's grant under this

section is the larger of the two amounts determined under

clauses (ii) and (iii).

(ii) By percentage of children

The amount referred to in clause (i) is determined by

adding -

(I) the number of children determined under section

6333(c) of this title for that local educational agency who

constitute not more than 15.58 percent, inclusive, of the

agency's total population aged 5 to 17, inclusive,

multiplied by 1.0;

(II) the number of such children who constitute more than

15.58 percent, but not more than 22.11 percent, of such

population, multiplied by 1.75;

(III) the number of such children who constitute more

than 22.11 percent, but not more than 30.16 percent, of

such population, multiplied by 2.5;

(IV) the number of such children who constitute more than

30.16 percent, but not more than 38.24 percent, of such

population, multiplied by 3.25; and

(V) the number of such children who constitute more than

38.24 percent of such population, multiplied by 4.0.

(iii) By number of children

The amount referred to in clause (i) is determined by

adding -

(I) the number of children determined under section

6333(c) of this title who constitute not more than 691,

inclusive, of the agency's total population aged 5 to 17,

inclusive, multiplied by 1.0;

(II) the number of such children between 692 and 2,262,

inclusive, in such population, multiplied by 1.5;

(III) the number of such children between 2,263 and

7,851, inclusive, in such population, multiplied by 2.0;

(IV) the number of such children between 7,852 and

35,514, inclusive, in such population, multiplied by 2.5;

and

(V) the number of such children in excess of 35,514 in

such population, multiplied by 3.0.

(2) States with an equity factor greater than or equal to .10 and

less than .20

In States with an equity factor greater than or equal to .10

and less than .20, the weighted child counts referred to in

subsection (d) of this section shall be calculated as follows:

(A) Weights for allocations to counties

(i) In general

For each fiscal year for which the Secretary uses county

population data to calculate grants, the weighted child count

used to determine a county's allocation under this section is

the larger of the two amounts determined under clauses (ii)

and (iii).

(ii) By percentage of children

The amount referred to in clause (i) is determined by

adding -

(I) the number of children determined under section

6333(c) of this title for that county who constitute not

more than 15.00 percent, inclusive, of the county's total

population aged 5 to 17, inclusive, multiplied by 1.0;

(II) the number of such children who constitute more than

15.00 percent, but not more than 19.00 percent, of such

population, multiplied by 1.5;

(III) the number of such children who constitute more

than 19.00 percent, but not more than 24.20 percent, of

such population, multiplied by 3.0;

(IV) the number of such children who constitute more than

24.20 percent, but not more than 29.20 percent, of such

population, multiplied by 4.5; and

(V) the number of such children who constitute more than

29.20 percent of such population, multiplied by 6.0.

(iii) By number of children

The amount referred to in clause (i) is determined by

adding -

(I) the number of children determined under section

6333(c) of this title who constitute not more than 2,311,

inclusive, of the county's total population aged 5 to 17,

inclusive, multiplied by 1.0;

(II) the number of such children between 2,312 and 7,913,

inclusive, in such population, multiplied by 1.5;

(III) the number of such children between 7,914 and

23,917, inclusive, in such population, multiplied by 2.25;

(IV) the number of such children between 23,918 and

93,810, inclusive, in such population, multiplied by 3.375;

and

(V) the number of such children in excess of 93,811 in

such population, multiplied by 4.5.

(B) Weights for allocations to local educational agencies

(i) In general

For each fiscal year for which the Secretary uses local

educational agency data, the weighted child count used to

determine a local educational agency's grant under this

section is the larger of the two amounts determined under

clauses (ii) and (iii).

(ii) By percentage of children

The amount referred to in clause (i) is determined by

adding -

(I) the number of children determined under section

6333(c) of this title for that local educational agency who

constitute not more than 15.58 percent, inclusive, of the

agency's total population aged 5 to 17, inclusive,

multiplied by 1.0;

(II) the number of such children who constitute more than

15.58 percent, but not more than 22.11 percent, of such

population, multiplied by 1.5;

(III) the number of such children who constitute more

than 22.11 percent, but not more than 30.16 percent, of

such population, multiplied by 3.0;

(IV) the number of such children who constitute more than

30.16 percent, but not more than 38.24 percent, of such

population, multiplied by 4.5; and

(V) the number of such children who constitute more than

38.24 percent of such population, multiplied by 6.0.

(iii) By number of children

The amount referred to in clause (i) is determined by

adding -

(I) the number of children determined under section

6333(c) of this title who constitute not more than 691,

inclusive, of the agency's total population aged 5 to 17,

inclusive, multiplied by 1.0;

(II) the number of such children between 692 and 2,262,

inclusive, in such population, multiplied by 1.5;

(III) the number of such children between 2,263 and

7,851, inclusive, in such population, multiplied by 2.25;

(IV) the number of such children between 7,852 and

35,514, inclusive, in such population, multiplied by 3.375;

and

(V) the number of such children in excess of 35,514 in

such population, multiplied by 4.5.

(3) States with an equity factor greater than or equal to .20

In States with an equity factor greater than or equal to .20,

the weighted child counts referred to in subsection (d) of this

section shall be calculated as follows:

(A) Weights for allocations to counties

(i) In general

For each fiscal year for which the Secretary uses county

population data to calculate grants, the weighted child count

used to determine a county's allocation under this section is

the larger of the two amounts determined under clauses (ii)

and (iii).

(ii) By percentage of children

The amount referred to in clause (i) is determined by

adding -

(I) the number of children determined under section

6333(c) of this title for that county who constitute not

more than 15.00 percent, inclusive, of the county's total

population aged 5 to 17, inclusive, multiplied by 1.0;

(II) the number of such children who constitute more than

15.00 percent, but not more than 19.00 percent, of such

population, multiplied by 2.0;

(III) the number of such children who constitute more

than 19.00 percent, but not more than 24.20 percent, of

such population, multiplied by 4.0;

(IV) the number of such children who constitute more than

24.20 percent, but not more than 29.20 percent, of such

population, multiplied by 6.0; and

(V) the number of such children who constitute more than

29.20 percent of such population, multiplied by 8.0.

(iii) By number of children

The amount referred to in clause (i) is determined by

adding -

(I) the number of children determined under section

6333(c) of this title who constitute not more than 2,311,

inclusive, of the county's total population aged 5 to 17,

inclusive, multiplied by 1.0;

(II) the number of such children between 2,312 and 7,913,

inclusive, in such population, multiplied by 2.0;

(III) the number of such children between 7,914 and

23,917, inclusive, in such population, multiplied by 3.0;

(IV) the number of such children between 23,918 and

93,810, inclusive, in such population, multiplied by 4.5;

and

(V) the number of such children in excess of 93,811 in

such population, multiplied by 6.0.

(B) Weights for allocations to local educational agencies

(i) In general

For each fiscal year for which the Secretary uses local

educational agency data, the weighted child count used to

determine a local educational agency's grant under this

section is the larger of the two amounts determined under

clauses (ii) and (iii).

(ii) By percentage of children

The amount referred to in clause (i) is determined by

adding -

(I) the number of children determined under section

6333(c) of this title for that local educational agency who

constitute not more than 15.58 percent, inclusive, of the

agency's total population aged 5 to 17, inclusive,

multiplied by 1.0;

(II) the number of such children who constitute more than

15.58 percent, but not more than 22.11 percent, of such

population, multiplied by 2.0;

(III) the number of such children who constitute more

than 22.11 percent, but not more than 30.16 percent, of

such population, multiplied by 4.0;

(IV) the number of such children who constitute more than

30.16 percent, but not more than 38.24 percent, of such

population, multiplied by 6.0; and

(V) the number of such children who constitute more than

38.24 percent of such population, multiplied by 8.0.

(iii) By number of children

The amount referred to in clause (i) is determined by

adding -

(I) the number of children determined under section

6333(c) of this title who constitute not more than 691,

inclusive, of the agency's total population aged 5 to 17,

inclusive, multiplied by 1.0;

(II) the number of such children between 692 and 2,262,

inclusive, in such population, multiplied by 2.0;

(III) the number of such children between 2,263 and

7,851, inclusive, in such population, multiplied by 3.0;

(IV) the number of such children between 7,852 and

35,514, inclusive, in such population, multiplied by 4.5;

and

(V) the number of such children in excess of 35,514 in

such population, multiplied by 6.0.

(e) Maintenance of effort

(1) In general

Except as provided in paragraph (2), a State is entitled to

receive its full allotment of funds under this section for any

fiscal year if the Secretary finds 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.

(2) Reduction of funds

The Secretary shall reduce the amount of funds awarded to any

State under this section in any fiscal year in the exact

proportion to which the State fails to meet the requirements of

paragraph (1) by falling below 90 percent of both the fiscal

effort per student and aggregate expenditures (using the measure

most favorable to the State), and no such lesser amount shall be

used for computing the effort required under paragraph (1) for

subsequent years.

(3) Waivers

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

requirements of this subsection 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.

(f) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for fiscal year 2002 and for each of

the 5 succeeding fiscal years.

(g) Adjustments where necessitated by appropriations

(1) In general