Legislación

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

Compartir 0 Me sirvió 0 No me sirvió

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 1 - transitions to teaching

Division A - Troops-to-Teachers Program

-HEAD-

Sec. 6677. Reporting requirements

-STATUTE-

(a) Report required

Not later than March 31, 2006, the Secretary (in consultation

with the Secretary of Defense and the Secretary of Homeland

Security) and the Comptroller General of the United States shall

submit to Congress a report on the effectiveness of the Program in

the recruitment and retention of qualified personnel by local

educational agencies and public charter schools.

(b) Elements of report

The report submitted under subsection (a) of this section shall

include information on the following:

(1) The number of participants in the Program.

(2) The schools in which the participants are employed.

(3) The grade levels at which the participants teach.

(4) The academic subjects taught by the participants.

(5) The rates of retention of the participants by the local

educational agencies and public charter schools employing the

participants.

(6) Such other matters as the Secretary or the Comptroller

General of the United States, as the case may be, considers to be

appropriate.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2307, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1655; amended Pub. L.

107-296, title XVII, Sec. 1704(e)(9), Nov. 25, 2002, 116 Stat.

2315.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

-CITE-

20 USC Division B - Transition to Teaching Program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 1 - transitions to teaching

Division B - Transition to Teaching Program

-HEAD-

Division B - Transition to Teaching Program

-CITE-

20 USC Sec. 6681 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 1 - transitions to teaching

Division B - Transition to Teaching Program

-HEAD-

Sec. 6681. Purposes

-STATUTE-

The purposes of this division are -

(1) to establish a program to recruit and retain highly

qualified mid-career professionals (including highly qualified

paraprofessionals), and recent graduates of an institution of

higher education, as teachers in high-need schools, including

recruiting teachers through alternative routes to certification;

and

(2) to encourage the development and expansion of alternative

routes to certification under State-approved programs that enable

individuals to be eligible for teacher certification within a

reduced period of time, relying on the experience, expertise, and

academic qualifications of an individual, or other factors in

lieu of traditional course work in the field of education.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2311, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1655.)

-CITE-

20 USC Sec. 6682 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 1 - transitions to teaching

Division B - Transition to Teaching Program

-HEAD-

Sec. 6682. Definitions

-STATUTE-

In this division:

(1) Eligible participant

The term ''eligible participant'' means -

(A) an individual with substantial, demonstrable career

experience, including a highly qualified paraprofessional; or

(B) an individual who is a graduate of an institution of

higher education who -

(i) has graduated not more than 3 years before applying to

an eligible entity to teach under this division; and

(ii) in the case of an individual wishing to teach in a

secondary school, has completed an academic major (or courses

totaling an equivalent number of credit hours) in the

academic subject that the individual will teach.

(2) High-need local educational agency

The term ''high-need local educational agency'' has the meaning

given the term in section 6602 of this title.

(3) High-need school

The term ''high-need school'' means a school that -

(A) is located in an area in which the percentage of students

from families with incomes below the poverty line is 30 percent

or more; or

(B)(i) is located in an area with a high percentage of

out-of-field teachers, as defined in section 6602 of this

title;

(ii) is within the top quartile of elementary schools and

secondary schools statewide, as ranked by the number of

unfilled, available teacher positions at the schools;

(iii) is located in an area in which there is a high teacher

turnover rate; or

(iv) is located in an area in which there is a high

percentage of teachers who are not certified or licensed.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2312, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1656.)

-CITE-

20 USC Sec. 6683 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 1 - transitions to teaching

Division B - Transition to Teaching Program

-HEAD-

Sec. 6683. Grant program

-STATUTE-

(a) In general

The Secretary may establish a program to make grants on a

competitive basis to eligible entities to develop State and local

teacher corps or other programs to establish, expand, or enhance

teacher recruitment and retention efforts.

(b) Eligible entity

To be eligible to receive a grant under this section, an entity

shall be -

(1) a State educational agency;

(2) a high-need local educational agency;

(3) a for-profit or nonprofit organization that has a proven

record of effectively recruiting and retaining highly qualified

teachers, in a partnership with a high-need local educational

agency or with a State educational agency;

(4) an institution of higher education, in a partnership with a

high-need local educational agency or with a State educational

agency;

(5) a regional consortium of State educational agencies; or

(6) a consortium of high-need local educational agencies.

In making such a grant, the Secretary shall give priority to a

partnership or consortium that includes a high-need State

educational agency or local educational agency.

(d) Application

(1) In general

To be eligible to receive a grant under this section, an entity

described in subsection (b) of this section shall submit an

application to the Secretary at such time, in such manner, and

containing such information as the Secretary may require.

(2) Contents

The application shall describe -

(A) one or more target recruitment groups on which the

applicant will focus its recruitment efforts;

(B) the characteristics of each such target group that -

(i) show the knowledge and experience of the group's

members; and

(ii) demonstrate that the members are eligible to achieve

the objectives of this section;

this section to develop a teacher corps or other program to

recruit and retain highly qualified midcareer professionals

(which may include highly qualified paraprofessionals), recent

college graduates, and recent graduate school graduates, as

highly qualified teachers in high-need schools operated by

high-need local educational agencies;

(D) explain how the program carried out under the grant will

meet the relevant State laws (including regulations) related to

teacher certification or licensing and facilitate the

certification or licensing of such teachers;

(E) describe how the grant will increase the number of highly

qualified teachers, in high-need schools operated by high-need

local educational agencies (in urban or rural school

districts), and in high-need academic subjects, in the

jurisdiction served by the applicant; and

(F) describe how the applicant will collaborate, as needed,

with other institutions, agencies, or organizations to recruit

(particularly through activities that have proven effective in

retaining highly qualified teachers), train, place, support,

and provide teacher induction programs to program participants

under this division, including providing evidence of the

commitment of the institutions, agencies, or organizations to

the applicant's programs.

(e) Duration of grants

The Secretary may make grants under this section for periods of 5

years. At the end of the 5-year period for such a grant, the grant

recipient may apply for an additional grant under this section.

(f) Equitable distribution

To the extent practicable, the Secretary shall ensure an

equitable geographic distribution of grants under this section

among the regions of the United States.

(g) Uses of funds

(1) In general

An entity that receives a grant under this section shall use

the funds made available through the grant to develop a teacher

corps or other program in order to establish, expand, or enhance

a teacher recruitment and retention program for highly qualified

mid-career professionals (including highly qualified

paraprofessionals), and recent graduates of an institution of

higher education, who are eligible participants, including

activities that provide alternative routes to teacher

certification.

(2) Authorized activities

The entity shall use the funds to carry out a program that

includes two or more of the following activities:

(A) Providing scholarships, stipends, bonuses, and other

financial incentives, that are linked to participation in

activities that have proven effective in retaining teachers in

high-need schools operated by high-need local educational

agencies, to all eligible participants, in an amount not to

exceed $5,000 per participant.

(B) Carrying out pre- and post-placement induction or support

activities that have proven effective in recruiting and

retaining teachers, such as -

(i) teacher mentoring;

(ii) providing internships;

(iii) providing high-quality, preservice coursework; and

(iv) providing high-quality, sustained inservice

professional development.

that teachers are placed in fields in which the teachers are

highly qualified to teach and are placed in high-need schools.

(D) Making payments to pay for costs associated with

accepting teachers recruited under this section from among

eligible participants or provide financial incentives to

prospective teachers who are eligible participants.

(E) Collaborating with institutions of higher education in

developing and implementing programs to facilitate teacher

recruitment (including teacher credentialing) and teacher

retention programs.

(F) Carrying out other programs, projects, and activities

that are designed and have proven to be effective in recruiting

and retaining teachers, and that the Secretary determines to be

appropriate.

(G) Developing long-term recruitment and retention strategies

including developing -

(i) a statewide or regionwide clearinghouse for the

recruitment and placement of teachers;

(ii) administrative structures to develop and implement

programs to provide alternative routes to certification;

(iii) reciprocity agreements between or among States for

the certification or licensing of teachers; or

(iv) other long-term teacher recruitment and retention

strategies.

(3) Effective programs

The entity shall use the funds only for programs that have

proven to be effective in both recruiting and retaining teachers.

(h) Requirements

(1) Targeting

An entity that receives a grant under this section to carry out

a program shall ensure that participants in the program recruited

with funds made available under this section are placed in

high-need schools operated by high-need local educational

agencies. In placing the participants in the schools, the entity

shall give priority to the schools that are located in areas with

the highest percentages of students from families with incomes

below the poverty line.

(2) Supplement, not supplant

Funds made available under this section shall be used to

supplement, and not supplant, State and local public funds

expended for teacher recruitment and retention programs,

including programs to recruit the teachers through alternative

routes to certification.

(3) Partnerships and consortia of local educational agencies

In the case of a partnership established by a local educational

agency to carry out a program under this division, or a

consortium of such agencies established to carry out a program

under this division, the local educational agency or consortium

shall not be eligible to receive funds through a State program

under this division.

(i) Period of service

A program participant in a program under this division who

receives training through the program shall serve a high-need

school operated by a high-need local educational agency for at

least 3 years.

(j) Repayment

The Secretary shall establish such requirements as the Secretary

determines to be appropriate to ensure that program participants

who receive a stipend or other financial incentive under subsection

(g)(2)(A) of this section, but fail to complete their service

obligation under subsection (i) of this section, repay all or a

portion of such stipend or other incentive.

(k) Administrative funds

No entity that receives a grant under this section shall use more

than 5 percent of the funds made available through the grant for

the administration of a program under this division carried out

under the grant.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2313, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1656.)

-CITE-

20 USC Sec. 6684 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 1 - transitions to teaching

Division B - Transition to Teaching Program

-HEAD-

Sec. 6684. Evaluation and accountability for recruiting and

retaining teachers

-STATUTE-

(a) Evaluation

Each entity that receives a grant under this division shall

conduct -

(1) an interim evaluation of the program funded under the grant

at the end of the third year of the grant period; and

(2) a final evaluation of the program at the end of the fifth

year of the grant period.

(b) Contents

In conducting the evaluation, the entity shall describe the

extent to which local educational agencies that received funds

through the grant have met the goals relating to teacher

recruitment and retention described in the application.

The entity shall prepare and submit to the Secretary and to

Congress interim and final reports containing the results of the

interim and final evaluations, respectively.

(d) Revocation

If the Secretary determines that the recipient of a grant under

this division has not made substantial progress in meeting such

goals and the objectives of the grant by the end of the third year

of the grant period, the Secretary -

(1) shall revoke the payment made for the fourth year of the

grant period; and

(2) shall not make a payment for the fifth year of the grant

period.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2314, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1659.)

-CITE-

20 USC Division C - General Provisions 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 1 - transitions to teaching

Division C - General Provisions

-HEAD-

Division C - General Provisions

-CITE-

20 USC Sec. 6691 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 1 - transitions to teaching

Division C - General Provisions

-HEAD-

Sec. 6691. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this subpart

$150,000,000 for fiscal year 2002 and such sums as may be necessary

for each of the 5 succeeding fiscal years.

(b) Reservation

From the funds appropriated to carry out this subpart for fiscal

year 2002, the Secretary shall reserve not more than $30,000,000 to

carry out division A of this subpart.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2321, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1660.)

-CITE-

20 USC subpart 2 - national writing project 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 2 - national writing project

-HEAD-

subpart 2 - national writing project

-CITE-

20 USC Sec. 6701 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 2 - national writing project

-HEAD-

Sec. 6701. Purposes

-STATUTE-

The purposes of this subpart are -

(1) to support and promote the expansion of the National

Writing Project network of sites so that teachers in every region

of the United States will have access to a National Writing

Project program;

(2) to ensure the consistent high quality of the sites through

ongoing review, evaluation, and technical assistance;

(3) to support and promote the establishment of programs to

disseminate effective practices and research findings about the

teaching of writing; and

(4) to coordinate activities assisted under this subpart with

activities assisted under this chapter.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2331, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1660.)

-MISC1-

PRIOR PROVISIONS

A prior section 6701, Pub. L. 89-10, title II, Sec. 2401, as

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

3635; amended Pub. L. 105-277, div. A, Sec. 101(f) (title VIII,

Sec. 101(b)(3)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-407,

related to reporting and accountability, prior to the general

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

-CITE-

20 USC Sec. 6702 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 2 - national writing project

-HEAD-

Sec. 6702. National Writing Project

-STATUTE-

(a) Authorization

The Secretary is authorized to award a grant to the National

Writing Project, a nonprofit educational organization that has as

its primary purpose the improvement of the quality of student

writing and learning (hereafter in this section referred to as the

''grantee'') to improve the teaching of writing and the use of

writing as a part of the learning process in our Nation's

classrooms.

(b) Requirements of grant

The grant shall provide that -

(1) the grantee will enter into contracts with institutions of

higher education or other nonprofit educational providers

(hereafter in this section referred to as ''contractors'') under

which the contractors will agree to establish, operate, and

provide the non-Federal share of the cost of teacher training

programs in effective approaches and processes for the teaching

of writing;

(2) funds made available by the Secretary to the grantee

pursuant to any contract entered into under this section will be

used to pay the Federal share of the cost of establishing and

operating teacher training programs as provided in paragraph (1);

and

(3) the grantee will meet such other conditions and standards

as the Secretary determines to be necessary to assure compliance

with the provisions of this section and will provide such

technical assistance as may be necessary to carry out the

provisions of this section.

The teacher training programs authorized in subsection (a) of

this section shall -

(1) be conducted during the school year and during the summer

months;

(2) train teachers who teach grades kindergarten through

college;

(3) select teachers to become members of a National Writing

Project teacher network whose members will conduct writing

workshops for other teachers in the area served by each National

Writing Project site; and

(4) encourage teachers from all disciplines to participate in

such teacher training programs.

(d) Federal share

(1) In general

Except as provided in paragraph (2) or (3) and for purposes of

subsection (a) of this section, the term ''Federal share'' means,

with respect to the costs of teacher training programs authorized

in subsection (a) of this section, 50 percent of such costs to

the contractor.

(2) Waiver

The Secretary may waive the provisions of paragraph (1) on a

case-by-case basis if the National Advisory Board described in

subsection (e) of this section determines, on the basis of

financial need, that such waiver is necessary.

(3) Maximum

The Federal share of the costs of teacher training programs

conducted pursuant to subsection (a) of this section may not

exceed $100,000 for any one contractor, or $200,000 for a

statewide program administered by any one contractor in at least

five sites throughout the State.

(e) National Advisory Board

(1) Establishment

The National Writing Project shall establish and operate a

National Advisory Board.

(2) Composition

The National Advisory Board established pursuant to paragraph

(1) shall consist of -

(A) national educational leaders;

(B) leaders in the field of writing; and

determines necessary.

(3) Duties

The National Advisory Board established pursuant to paragraph

(1) shall -

(A) advise the National Writing Project on national issues

related to student writing and the teaching of writing;

(B) review the activities and programs of the National

Writing Project; and

Project.

(f) Evaluation

(1) In general

The Secretary shall conduct an independent evaluation by grant

or contract of the teacher training programs administered

pursuant to this subpart. Such evaluation shall specify the

amount of funds expended by the National Writing Project and each

contractor receiving assistance under this section for

administrative costs. The results of such evaluation shall be

made available to the appropriate committees of Congress.

(2) Funding limitation

The Secretary shall reserve not more than $150,000 from the

total amount appropriated pursuant to the authority of subsection

(h) of this section for fiscal year 2002 and each of the 5

succeeding fiscal years to conduct the evaluation described in

paragraph (1).

(g) Application review

(1) Review Board

The National Writing Project shall establish and operate a

National Review Board that shall consist of -

(A) leaders in the field of research in writing; and

(B) such other individuals as the National Writing Project

deems necessary.

(2) Duties

The National Review Board shall -

(A) review all applications for assistance under this

subsection; and

(B) recommend applications for assistance under this

subsection for funding by the National Writing Project.

(h) Authorization of appropriations

There are authorized to be appropriated to carry out this subpart

$15,000,000 as may be necessary for fiscal year 2002 and each of

the 5 succeeding fiscal years.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2332, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1660.)

-MISC1-

PRIOR PROVISIONS

A prior section 6702, Pub. L. 89-10, title II, Sec. 2402, as

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

3635; amended Pub. L. 105-277, div. A, Sec. 101(f) (title VIII,

Sec. 101(b)(4)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-407,

defined terms used in this subchapter, prior to the general

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

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

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

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

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

established by Congress, its duration is otherwise provided by

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

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

Organization and Employees.

-CITE-

20 USC subpart 3 - civic education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 3 - civic education

-HEAD-

subpart 3 - civic education

-CITE-

20 USC Sec. 6711 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 3 - civic education

-HEAD-

Sec. 6711. Short title

-STATUTE-

This subpart may be cited as the ''Education for Democracy Act''.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2341, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1662.)

-CITE-

20 USC Sec. 6712 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 3 - civic education

-HEAD-

Sec. 6712. Purpose

-STATUTE-

It is the purpose of this subpart -

(1) to improve the quality of civics and government education

by educating students about the history and principles of the

Constitution of the United States, including the Bill of Rights;

(2) to foster civic competence and responsibility; and

(3) to improve the quality of civic education and economic

education through cooperative civic education and economic

education exchange programs with emerging democracies.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2342, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1662.)

-CITE-

20 USC Sec. 6713 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 3 - civic education

-HEAD-

Sec. 6713. General authority

-STATUTE-

(a) Authority

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

contracts with -

(1) the Center for Civic Education, to carry out civic

education activities under sections 6714 and 6715 of this title;

(2) the National Council on Economic Education, to carry out

economic education activities under section 6715 of this title;

and

(3) organizations experienced in the development of curricula

and programs in civics and government education and economic

education for students in elementary schools and secondary

schools in countries other than the United States, to carry out

civic education activities under section 6715 of this title.

(b) Distribution for cooperative civic education and economic

education exchange programs

(1) Limitation

Not more than 40 percent of the amount appropriated under

section 6716 of this title for a fiscal year shall be used to

carry out section 6715 of this title.

(2) Distribution

Of the amount used to carry out section 6715 of this title for

a fiscal year (consistent with paragraph (1)), the Secretary

shall use -

(A) 37.5 percent for a grant or contract for the Center for

Civic Education;

(B) 37.5 percent for a grant or contract for the National

Council on Economic Education; and

grants or contracts for organizations described in subsection

(a)(3) of this section.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2343, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1662.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6714, 6715 of this title.

-CITE-

20 USC Sec. 6714 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 3 - civic education

-HEAD-

Sec. 6714. We the People program

-STATUTE-

(a) The Citizen and the Constitution

(1) Educational activities

The Center for Civic Education -

(A) shall use funds made available under grants or contracts

under section 6713(a)(1) of this title -

(i) to continue and expand the educational activities of

the program entitled the ''We the People. . . The Citizen and

the Constitution'' program administered by such center;

(ii) to carry out activities to enhance student attainment

of challenging academic content standards in civics and

government;

(iii) to provide a course of instruction on the basic

principles of the Nation's constitutional democracy and the

history of the Constitution of the United States, including

the Bill of Rights;

(iv) to provide, at the request of a participating school,

school and community simulated congressional hearings

following the course of instruction described in clause

(iii); and

(v) to provide an annual national competition of simulated

congressional hearings for secondary school students who wish

to participate in such a program; and

(B) may use funds made available under grants or contracts

under section 6713(a)(1) of this title -

(i) to provide advanced, sustained, and ongoing training of

teachers about the Constitution of the United States and the

political system of the United States;

(ii) to provide materials and methods of instruction,

including teacher training, that utilize the latest

advancements in educational technology; and

(iii) to provide civic education materials and services to

address specific problems such as the prevention of school

violence and the abuse of drugs and alcohol.

(2) Availability of program

The education program authorized under this subsection shall be

made available to public and private elementary schools and

secondary schools, including Bureau funded schools, in the 435

congressional districts, and in the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands,

Guam, American Samoa, and the Commonwealth of the Northern

Mariana Islands.

(b) Project Citizen

(1) Educational activities

The Center for Civic Education -

(A) shall use funds made available under grants or contracts

under section 6713(a)(1) of this title -

(i) to continue and expand the educational activities of

the program entitled the ''We the People. . . Project

Citizen'' program administered by the Center;

(ii) to carry out activities to enhance student attainment

of challenging academic content standards in civics and

government;

(iii) to provide a course of instruction at the middle

school level on the roles of State and local governments in

the Federal system established by the Constitution of the

United States; and

(iv) to provide an annual national showcase or competition;

and

(B) may use funds made available under grants or contracts

under section 6713(a)(1) of this title -

(i) to provide optional school and community simulated

State legislative hearings;

(ii) to provide advanced, sustained, and ongoing training

of teachers on the roles of State and local governments in

the Federal system established by the Constitution of the

United States;

(iii) to provide materials and methods of instruction,

including teacher training, that utilize the latest

advancements in educational technology; and

(iv) to provide civic education materials and services to

address specific problems such as the prevention of school

violence and the abuse of drugs and alcohol.

(2) Availability of program

The education program authorized under this subsection shall be

made available to public and private middle schools, including

Bureau funded schools, in the 50 States of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, the United

States Virgin Islands, Guam, American Samoa, and the Commonwealth

of the Northern Mariana Islands.

In this section, the term ''Bureau-funded school'' has the

meaning given such term in section 2026 of title 25. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2344, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1663.)

-REFTEXT-

REFERENCES IN TEXT

Section 2026 of title 25, referred to in subsec. (c), was omitted

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

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

See section 2021 of Title 25.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6713 of this title.

-CITE-

20 USC Sec. 6715 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 3 - civic education

-HEAD-

Sec. 6715. Cooperative civic education and economic education

exchange programs

-STATUTE-

(a) Cooperative education exchange programs

The Center for Civic Education, the National Council on Economic

Education, and organizations described in section 6713(a)(3) of

this title shall use funds made available under grants or contracts

under section 6713 of this title to carry out cooperative education

exchange programs in accordance with this section.

(b) Purpose

The purpose of the cooperative education exchange programs

carried out under this section shall be -

(1) to make available to educators from eligible countries

exemplary curriculum and teacher training programs in civics and

government education, and economics education, developed in the

United States;

(2) to assist eligible countries in the adaptation,

implementation, and institutionalization of such programs;

(3) to create and implement civics and government education,

and economic education, programs for students that draw upon the

experiences of the participating eligible countries;

(4) to provide a means for the exchange of ideas and

experiences in civics and government education, and economic

education, among political, educational, governmental, and

private sector leaders of participating eligible countries; and

(5) to provide support for -

(A) independent research and evaluation to determine the

effects of educational programs on students' development of the

knowledge, skills, and traits of character essential for the

preservation and improvement of constitutional democracy; and

(B) effective participation in, and the preservation and

improvement of, an efficient market economy.

In carrying out the cooperative education exchange programs

assisted under this section, the Center for Civic Education, the

National Council on Economic Education, and organizations described

in section 6713(a)(3) of this title shall -

(1) provide to the participants from eligible countries -

(A) seminars on the basic principles of United States

constitutional democracy and economic system, including

seminars on the major governmental and economic institutions

and systems in the United States, and visits to such

institutions;

(B) visits to school systems, institutions of higher

education, and nonprofit organizations conducting exemplary

programs in civics and government education, and economic

education, in the United States;

States civics and government education, and economic education,

curricular programs for students and teachers, and in the case

of training programs for teachers, translations and adaptations

into forms useful in schools in eligible countries, and joint

research projects in such areas; and

(D) independent research and evaluation assistance -

(i) to determine the effects of the cooperative education

exchange programs on students' development of the knowledge,

skills, and traits of character essential for the

preservation and improvement of constitutional democracy; and

(ii) to identify effective participation in, and the

preservation and improvement of, an efficient market economy;

(2) provide to the participants from the United States -

(A) seminars on the histories, economies, and systems of

government of eligible countries;

(B) visits to school systems, institutions of higher

education, and organizations conducting exemplary programs in

civics and government education, and economic education,

located in eligible countries;

countries in the development of curricular materials on the

history, government, and economy of such countries that are

useful in United States classrooms;

(D) opportunities to provide onsite demonstrations of United

States curricula and pedagogy for educational leaders in

eligible countries; and

(E) independent research and evaluation assistance to

determine -

(i) the effects of the cooperative education exchange

programs assisted under this section on students' development

of the knowledge, skills, and traits of character essential

for the preservation and improvement of constitutional

democracy; and

(ii) effective participation in, and improvement of, an

efficient market economy; and

(3) assist participants from eligible countries and the United

States to participate in international conferences on civics and

government education, and economic education, for educational

leaders, teacher trainers, scholars in related disciplines, and

educational policymakers.

(d) Participants

The primary participants in the cooperative education exchange

programs assisted under this section shall be educational leaders

in the areas of civics and government education, and economic

education, including teachers, curriculum and teacher training

specialists, scholars in relevant disciplines, and educational

policymakers, and government and private sector leaders from the

United States and eligible countries.

(e) Consultation

The Secretary may award a grant to, or enter into a contract

with, the entities described in section 6713 of this title to carry

out programs assisted under this section only if the Secretary of

State concurs with the Secretary that such grant, or contract,

respectively, is consistent with the foreign policy of the United

States.

(f) Avoidance of duplication

With the concurrence of the Secretary of State, the Secretary

shall ensure that -

(1) the activities carried out under the programs assisted

under this section are not duplicative of other activities

conducted in eligible countries; and

(2) any institutions in eligible countries, with which the

Center for Civic Education, the National Council on Economic

Education, or organizations described in section 6713(a)(3) of

this title may work in conducting such activities, are

creditable.

(g) Eligible country defined

In this section, the term ''eligible country'' means a Central

European country, an Eastern European country, Lithuania, Latvia,

Estonia, the independent states of the former Soviet Union as

defined in section 5801 of title 22, the Republic of Ireland, the

province of Northern Ireland in the United Kingdom, and any

developing country (as such term is defined in section 4359a(d) of

this title) (FOOTNOTE 1) if the Secretary, with the concurrence of

the Secretary of State, determines that such developing country has

a democratic form of government.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2345, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1664.)

-REFTEXT-

REFERENCES IN TEXT

Section 4359a(d) of this title, referred to in subsec. (g), was

in the original ''section 209(d) of the Education for the Deaf

Act'', and was translated as reading ''section 209(d) of the

Education of the Deaf Act of 1986'', to reflect the probable intent

of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6713 of this title.

-CITE-

20 USC Sec. 6716 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 3 - civic education

-HEAD-

Sec. 6716. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this subpart

$30,000,000 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 II, Sec. 2346, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1666.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6713 of this title.

-CITE-

20 USC subpart 4 - teaching of traditional american

history 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 4 - teaching of traditional american history

-HEAD-

subpart 4 - teaching of traditional american history

-CITE-

20 USC Sec. 6721 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 4 - teaching of traditional american history

-HEAD-

Sec. 6721. Establishment of program

-STATUTE-

(a) In general

The Secretary may establish and implement a program to be known

as the ''Teaching American History Grant Program'', under which the

Secretary shall award grants on a competitive basis to local

educational agencies -

(1) to carry out activities to promote the teaching of

traditional American history in elementary schools and secondary

schools as a separate academic subject (not as a component of

social studies); and

(2) for the development, implementation, and strengthening of

programs to teach traditional American history as a separate

academic subject (not as a component of social studies) within

elementary school and secondary school curricula, including the

implementation of activities -

(A) to improve the quality of instruction; and

(B) to provide professional development and teacher education

activities with respect to American history.

(b) Required partnership

A local educational agency that receives a grant under subsection

(a) of this section shall carry out activities under the grant in

partnership with one or more of the following:

(1) An institution of higher education.

(2) A nonprofit history or humanities organization.

(3) A library or museum.

To be eligible to receive an (FOOTNOTE 1) grant under this

section, a local educational agency shall submit an application to

the Secretary at such time, in such manner, and containing such

information as the Secretary may require.

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

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2351, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1666.)

-CITE-

20 USC Sec. 6722 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 4 - teaching of traditional american history

-HEAD-

Sec. 6722. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this subpart

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

5 succeeding fiscal years.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2352, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1667.)

-CITE-

20 USC subpart 5 - teacher liability protection 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 5 - teacher liability protection

-HEAD-

subpart 5 - teacher liability protection

-CITE-

20 USC Sec. 6731 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 5 - teacher liability protection

-HEAD-

Sec. 6731. Short title

-STATUTE-

This subpart may be cited as the ''Paul D. Coverdell Teacher

Protection Act of 2001''.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2361, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1667.)

-CITE-

20 USC Sec. 6732 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 5 - teacher liability protection

-HEAD-

Sec. 6732. Purpose

-STATUTE-

The purpose of this subpart is to provide teachers, principals,

and other school professionals the tools they need to undertake

reasonable actions to maintain order, discipline, and an

appropriate educational environment.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2362, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1667.)

-CITE-

20 USC Sec. 6733 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 5 - teacher liability protection

-HEAD-

Sec. 6733. Definitions

-STATUTE-

For purposes of this subpart:

(1) Economic loss

The term ''economic loss'' means any pecuniary loss resulting

from harm (including the loss of earnings or other benefits

related to employment, medical expense loss, replacement services

loss, loss due to death, burial costs, and loss of business or

employment opportunities) to the extent recovery for such loss is

allowed under applicable State law.

(2) Harm

The term ''harm'' includes physical, nonphysical, economic, and

noneconomic losses.

(3) Noneconomic loss

The term ''noneconomic loss'' means loss for physical or

emotional pain, suffering, inconvenience, physical impairment,

mental anguish, disfigurement, loss of enjoyment of life, loss of

society or companionship, loss of consortium (other than loss of

domestic service), hedonic damages, injury to reputation, or any

other nonpecuniary loss of any kind or nature.

(4) School

The term ''school'' means a public or private kindergarten, a

public or private elementary school or secondary school, or a

home school.

(5) State

The term ''State'' means each of the several States of the

United States, the District of Columbia, the Commonwealth of

Puerto Rico, the United States Virgin Islands, Guam, American

Samoa, the Commonwealth of the Northern Mariana Islands, any

other territory or possession of the United States, or any

political subdivision of any such State, territory, or

possession.

(6) Teacher

The term ''teacher'' means -

(A) a teacher, instructor, principal, or administrator;

(B) another educational professional who works in a school;

(i) works in a school; and

(ii)(I) in the employee's job, maintains discipline or

ensures safety; or

(II) in an emergency, is called on to maintain discipline

or ensure safety; or

(D) an individual member of a school board (as distinct from

the board).

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2363, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1667.)

-CITE-

20 USC Sec. 6734 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 5 - teacher liability protection

-HEAD-

Sec. 6734. Applicability

-STATUTE-

This subpart shall only apply to States that receive funds under

this chapter, and shall apply to such a State as a condition of

receiving such funds.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2364, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1668.)

-CITE-

20 USC Sec. 6735 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 5 - teacher liability protection

-HEAD-

Sec. 6735. Preemption and election of State nonapplicability

-STATUTE-

(a) Preemption

This subpart preempts the laws of any State to the extent that

such laws are inconsistent with this subpart, except that this

subpart shall not preempt any State law that provides additional

protection from liability relating to teachers.

(b) Election of State regarding nonapplicability

This subpart shall not apply to any civil action in a State court

against a teacher with respect to claims arising within that State

if such State enacts a statute in accordance with State

requirements for enacting legislation -

(1) citing the authority of this subsection;

(2) declaring the election of such State that this subpart

shall not apply, as of a date certain, to such civil action in

the State; and

(3) containing no other provisions.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2365, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1668.)

-CITE-

20 USC Sec. 6736 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 5 - teacher liability protection

-HEAD-

Sec. 6736. Limitation on liability for teachers

-STATUTE-

(a) Liability protection for teachers

Except as provided in subsection (b) of this section, no teacher

in a school shall be liable for harm caused by an act or omission

of the teacher on behalf of the school if -

(1) the teacher was acting within the scope of the teacher's

employment or responsibilities to a school or governmental

entity;

(2) the actions of the teacher were carried out in conformity

with Federal, State, and local laws (including rules and

regulations) in furtherance of efforts to control, discipline,

expel, or suspend a student or maintain order or control in the

classroom or school;

(3) if appropriate or required, the teacher was properly

licensed, certified, or authorized by the appropriate authorities

for the activities or practice involved in the State in which the

harm occurred, where the activities were or practice was

undertaken within the scope of the teacher's responsibilities;

(4) the harm was not caused by willful or criminal misconduct,

gross negligence, reckless misconduct, or a conscious, flagrant

indifference to the rights or safety of the individual harmed by

the teacher; and

(5) the harm was not caused by the teacher operating a motor

vehicle, vessel, aircraft, or other vehicle for which the State

requires the operator or the owner of the vehicle, craft, or

vessel to -

(A) possess an operator's license; or

(B) maintain insurance.

(b) Exceptions to teacher liability protection

If the laws of a State limit teacher liability subject to one or

more of the following conditions, such conditions shall not be

construed as inconsistent with this section:

(1) A State law that requires a school or governmental entity

to adhere to risk management procedures, including mandatory

training of teachers.

(2) A State law that makes the school or governmental entity

liable for the acts or omissions of its teachers to the same

extent as an employer is liable for the acts or omissions of its

employees.

ate (FOOTNOTE 1) law that makes a limitation of liability

inapplicable if the civil action was brought by an officer of a

State or local government pursuant to State or local law.

(FOOTNOTE 1) So in original. Probably should be ''(3) A

State''.

(1) General rule

Punitive damages may not be awarded against a teacher in an

action brought for harm based on the act or omission of a teacher

acting within the scope of the teacher's employment or

responsibilities to a school or governmental entity unless the

claimant establishes by clear and convincing evidence that the

harm was proximately caused by an act or omission of such teacher

that constitutes willful or criminal misconduct, or a conscious,

flagrant indifference to the rights or safety of the individual

harmed.

(2) Construction

Paragraph (1) does not create a cause of action for punitive

damages and does not preempt or supersede any Federal or State

law to the extent that such law would further limit the award of

punitive damages.

(d) Exceptions to limitations on liability

(1) In general

The limitations on the liability of a teacher under this

subpart shall not apply to any misconduct that -

(A) constitutes a crime of violence (as that term is defined

in section 16 of title 18) or act of international terrorism

(as that term is defined in section 2331 of title 18) for which

the defendant has been convicted in any court;

(B) involves a sexual offense, as defined by applicable State

law, for which the defendant has been convicted in any court;

found to have violated a Federal or State civil rights law; or

(D) where the defendant was under the influence (as

determined pursuant to applicable State law) of intoxicating

alcohol or any drug at the time of the misconduct.

(2) Hiring

The limitations on the liability of a teacher under this

subpart shall not apply to misconduct during background

investigations, or during other actions, involved in the hiring

of a teacher.

(e) Rules of construction

(1) Concerning responsibility of teachers to schools and

governmental entities

Nothing in this section shall be construed to affect any civil

action brought by any school or any governmental entity against

any teacher of such school.

(2) Concerning corporal punishment

Nothing in this subpart shall be construed to affect any State

or local law (including a rule or regulation) or policy

pertaining to the use of corporal punishment.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2366, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1668.)

-CITE-

20 USC Sec. 6737 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 5 - teacher liability protection

-HEAD-

Sec. 6737. Allocation of responsibility for noneconomic loss

-STATUTE-

(a) General rule

In any civil action against a teacher, based on an act or

omission of a teacher acting within the scope of the teacher's

employment or responsibilities to a school or governmental entity,

the liability of the teacher for noneconomic loss shall be

determined in accordance with subsection (b) of this section.

(b) Amount of liability

(1) In general

(A) Liability

Each defendant who is a teacher shall be liable only for the

amount of noneconomic loss allocated to that defendant in

direct proportion to the percentage of responsibility of that

defendant (determined in accordance with paragraph (2)) for the

harm to the claimant with respect to which that defendant is

liable.

(B) Separate judgment

The court shall render a separate judgment against each

defendant in an amount determined pursuant to subparagraph (A).

(2) Percentage of responsibility

For purposes of determining the amount of noneconomic loss

allocated to a defendant who is a teacher under this section, the

trier of fact shall determine the percentage of responsibility of

each person responsible for the claimant's harm, whether or not

such person is a party to the action.

Nothing in this section shall be construed to preempt or

supersede any Federal or State law that further limits the

application of joint liability in a civil action described in

subsection (a) of this section, beyond the limitations established

in this section.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2367, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1670.)

-CITE-

20 USC Sec. 6738 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part C - Innovation for Teacher Quality

subpart 5 - teacher liability protection

-HEAD-

Sec. 6738. Effective date

-STATUTE-

(a) In general

This subpart shall take effect 90 days after January 8, 2002.

(b) Application

This subpart applies to any claim for harm caused by an act or

omission of a teacher if that claim is filed on or after the

effective date of the No Child Left Behind Act of 2001 without

regard to whether the harm that is the subject of the claim or the

conduct that caused the harm occurred before such effective date.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2368, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1670.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the No Child Left Behind Act of 2001,

referred to in subsec. (b), see section 5 of Pub. L. 107-110, set

out as an Effective Date of 2002 Amendment note under section 6301

of this title.

-CITE-

20 USC Part D - Enhancing Education Through Technology 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

-HEAD-

Part D - Enhancing Education Through Technology

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 6622, 6623, 7345, 7345a,

7351a, 7801, 7881 of this title.

-CITE-

20 USC Sec. 6751 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

-HEAD-

Sec. 6751. Short title

-STATUTE-

This part may be cited as the ''Enhancing Education Through

Technology Act of 2001''.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2401, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1671.)

-MISC1-

PRIOR PROVISIONS

A prior section 2401 of Pub. L. 89-10 was classified to section

6701 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 6752 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

-HEAD-

Sec. 6752. Purposes and goals

-STATUTE-

(a) Purposes

The purposes of this part are the following:

(1) To provide assistance to States and localities for the

implementation and support of a comprehensive system that

effectively uses technology in elementary schools and secondary

schools to improve student academic achievement.

(2) To encourage the establishment or expansion of initiatives,

including initiatives involving public-private partnerships,

designed to increase access to technology, particularly in

schools served by high-need local educational agencies.

(3) To assist States and localities in the acquisition,

development, interconnection, implementation, improvement, and

maintenance of an effective educational technology infrastructure

in a manner that expands access to technology for students

(particularly for disadvantaged students) and teachers.

(4) To promote initiatives that provide school teachers,

principals, and administrators with the capacity to integrate

technology effectively into curricula and instruction that are

aligned with challenging State academic content and student

academic achievement standards, through such means as

high-quality professional development programs.

(5) To enhance the ongoing professional development of

teachers, principals, and administrators by providing constant

access to training and updated research in teaching and learning

through electronic means.

(6) To support the development and utilization of electronic

networks and other innovative methods, such as distance learning,

of delivering specialized or rigorous academic courses and

curricula for students in areas that would not otherwise have

access to such courses and curricula, particularly in

geographically isolated regions.

(7) To support the rigorous evaluation of programs funded under

this part, particularly regarding the impact of such programs on

student academic achievement, and ensure that timely information

on the results of such evaluations is widely accessible through

electronic means.

(8) To support local efforts using technology to promote parent

and family involvement in education and communication among

students, parents, teachers, principals, and administrators.

(b) Goals

(1) Primary goal

The primary goal of this part is to improve student academic

achievement through the use of technology in elementary schools

and secondary schools.

(2) Additional goals

The additional goals of this part are the following:

(A) To assist every student in crossing the digital divide by

ensuring that every student is technologically literate by the

time the student finishes the eighth grade, regardless of the

student's race, ethnicity, gender, family income, geographic

location, or disability.

(B) To encourage the effective integration of technology

resources and systems with teacher training and curriculum

development to establish research-based instructional methods

that can be widely implemented as best practices by State

educational agencies and local educational agencies.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2402, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1671.)

-MISC1-

PRIOR PROVISIONS

A prior section 2402 of Pub. L. 89-10 was classified to section

6702 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 6753 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

-HEAD-

Sec. 6753. Definitions

-STATUTE-

In this part:

(1) Eligible local entity

The term ''eligible local entity'' means -

(A) a high-need local educational agency; or

(B) an eligible local partnership.

(2) Eligible local partnership

The term ''eligible local partnership'' means a partnership

that -

(A) shall include at least one high-need local educational

agency and at least one -

(i) local educational agency that can demonstrate that

teachers in schools served by the agency are effectively

integrating technology and proven teaching practices into

instruction, based on a review of relevant research, and that

the integration results in improvement in -

(I) classroom instruction in the core academic subjects;

and

(II) the preparation of students to meet challenging

State academic content and student academic achievement

standards;

(ii) institution of higher education that is in full

compliance with the reporting requirements of section 1027(f)

of this title and that has not been identified by its State

as low-performing under section 1028 of this title;

(iii) for-profit business or organization that develops,

designs, manufactures, or produces technology products or

services, or has substantial expertise in the application of

technology in instruction; or

(iv) public or private nonprofit organization with

demonstrated experience in the application of educational

technology to instruction; and

(B) may include other local educational agencies, educational

service agencies, libraries, or other educational entities

appropriate to provide local programs.

(3) High-need local educational agency

The term ''high-need local educational agency'' means a local

educational agency that -

(A) is among the local educational agencies in a State with

the highest numbers or percentages of children from families

with incomes below the poverty line; and

(B)(i) operates one or more schools identified under section

6316 of this title; or

(ii) has a substantial need for assistance in acquiring and

using technology.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2403, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1672.)

-CITE-

20 USC Sec. 6754 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

-HEAD-

Sec. 6754. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out subparts 1

and 2 of this part, $1,000,000,000 for fiscal year 2002, and such

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

(b) Allocation of funds between State and local and national

initiatives

The amount of funds made available under subsection (a) of this

section for a fiscal year shall be allocated so that -

(1) not less than 98 percent is made available to carry out

subpart 1 of this part; and

(2) not more than 2 percent is made available to carry out

subpart 2 of this part.

Of the total amount of funds allocated under subsection (b)(2) of

this section for fiscal years 2002 through 2007, not more than

$15,000,000 may be used to carry out section 6771(a) of this title.

(d) Limitation

Of the amount of funds made available to a recipient of funds

under this part for a fiscal year, not more than 5 percent may be

used by the recipient for administrative costs or technical

assistance, of which not more than 60 percent may be used by the

recipient for administrative costs.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2404, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1673.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6761, 6771 of this title.

-CITE-

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

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 1 - state and local technology grants

-HEAD-

subpart 1 - state and local technology grants

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 5891b, 6754, 7321a of

this title.

-CITE-

20 USC Sec. 6761 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 1 - state and local technology grants

-HEAD-

Sec. 6761. Allotment and reallotment

-STATUTE-

(a) Reservations and allotment

From the amount made available to carry out this subpart under

section 6754(b)(1) of this title for a fiscal year -

(1) the Secretary shall reserve -

(A) three-fourths of 1 percent for the Secretary of the

Interior for programs under this subpart for schools operated

or funded by the Bureau of Indian Affairs;

(B) one-half of 1 percent to provide assistance under this

subpart to the outlying areas; and

grants awarded under section 3136 (FOOTNOTE 1) prior to January

8, 2002; and

(FOOTNOTE 1) See References in Text note below.

(2) from the remainder of such amount and subject to subsection

(b) of this section, the Secretary shall make grants by allotting

to each eligible State educational agency under this subpart an

amount that bears the same relationship to such remainder for

such year as the amount received under part A of subchapter I of

this chapter for such year by such State educational agency bears

to the amount received under such part for such year by all State

educational agencies.

(b) Minimum allotment

The amount of any State educational agency's allotment under

subsection (a)(2) of this section for any fiscal year may not be

less than one-half of 1 percent of the amount made available for

allotments to States under this part for such year.

If any State educational agency does not apply for an allotment

under this subpart for a fiscal year, or does not use its entire

allotment under this subpart for that fiscal year, the Secretary

shall reallot the amount of the State educational agency's

allotment, or the unused portion of the allotment, to the remaining

State educational agencies that use their entire allotments under

this subpart in accordance with this section.

(d) State educational agency defined

In this section, the term ''State educational agency'' does not

include an agency of an outlying area or the Bureau of Indian

Affairs.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2411, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1673.)

-REFTEXT-

REFERENCES IN TEXT

Section 3136 prior to January 8, 2002, referred to in subsec.

(a)(1)(C), means section 3136 of Pub. L. 89-10, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3648, which

was classified to section 6846 of this title prior to the general

amendment of subchapter III of this chapter by Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1689.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6762 of this title.

-CITE-

20 USC Sec. 6762 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 1 - state and local technology grants

-HEAD-

Sec. 6762. Use of allotment by State

-STATUTE-

(a) In general

Of the amount provided to a State educational agency (from the

agency's allotment under section 6761(a)(2) of this title) for a

fiscal year -

(1) the State educational agency may use not more than 5

percent to carry out activities under section 6765 of this title;

and

(2) the State educational agency shall distribute the remainder

as follows:

(A) From 50 percent of the remainder, the State educational

agency shall award subgrants by allocating to each eligible

local educational agency that has submitted an application to

the State educational agency under section 6764 of this title,

for the activities described in section 6766 of this title, an

amount that bears the same relationship to 50 percent of the

remainder for such year as the amount received under part A of

subchapter I of this chapter for such year by such local

educational agency bears to the amount received under such part

for such year by all local educational agencies within the

State.

(B) From 50 percent of the remainder and subject to

subsection (b) of this section, the State educational agency

shall award subgrants, through a State-determined competitive

process, to eligible local entities that have submitted

applications to the State educational agency under section 6764

of this title, for the activities described in section 6766 of

this title.

(b) Sufficient amounts

(1) Special rule

In awarding a subgrant under subsection (a)(2)(B) of this

section, the State educational agency shall -

(A) determine the local educational agencies that -

(i) received allocations under subsection (a)(2)(A) of this

section that are not of sufficient size to be effective,

consistent with the purposes of this part; and

(ii) are eligible local entities;

(B) give priority to applications submitted by eligible local

educational agencies described in subparagraph (A); and

(a)(2)(B) of this section to ensure that subgrants awarded

under that subsection are of sufficient size to be effective.

(2) Sufficiency

In awarding subgrants under subsection (a)(2)(B) of this

section, each State educational agency shall ensure that each

subgrant is of sufficient size and duration, and that the program

funded by the subgrant is of sufficient scope and quality, to

carry out the purposes of this part effectively.

(3) Distribution

In awarding subgrants under subsection (a)(2)(B) of this

section, each State educational agency shall ensure an equitable

distribution of assistance under this subpart among urban and

rural areas of the State, according to the demonstrated need of

those local educational agencies serving the areas.

If an eligible local partnership receives a subgrant under

subsection (a)(2)(B) of this section, a local educational agency in

the partnership shall serve as the fiscal agent for the

partnership.

(d) Technical assistance

Each State educational agency receiving a grant under section

6761(a) of this title shall -

(1) identify the local educational agencies served by the State

educational agency that -

(A) have the highest numbers or percentages of children from

families with incomes below the poverty line; and

(B) demonstrate to such State educational agency the greatest

need for technical assistance in developing an application

under section 6764 of this title; and

(2) offer the technical assistance described in paragraph

(1)(B) to those local educational agencies.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2412, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1674.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6763, 6764, 6765, 6766,

7305b, 7315a, 7345 of this title.

-CITE-

20 USC Sec. 6763 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 1 - state and local technology grants

-HEAD-

Sec. 6763. State applications

-STATUTE-

(a) In general

To be eligible to receive a grant under this subpart, a State

educational agency shall submit to the Secretary, at such time and

in such manner as the Secretary may specify, an application

containing a new or updated statewide long-range strategic

educational technology plan (which shall address the educational

technology needs of local educational agencies) and such other

information as the Secretary may reasonably require.

(b) Contents

Each State application submitted under subsection (a) of this

section shall include each of the following:

(1) An outline of the State educational agency's long-term

strategies for improving student academic achievement, including

technology literacy, through the effective use of technology in

classrooms throughout the State, including through improving the

capacity of teachers to integrate technology effectively into

curricula and instruction.

(2) A description of the State educational agency's goals for

using advanced technology to improve student academic

achievement, and how those goals are aligned with challenging

State academic content and student academic achievement

standards.

(3) A description of how the State educational agency will take

steps to ensure that all students and teachers in the State,

particularly students and teachers in districts served by

high-need local educational agencies, have increased access to

technology.

(4) A description of the process and accountability measures

that the State educational agency will use to evaluate the extent

to which activities funded under this subpart are effective in

integrating technology into curricula and instruction.

(5) A description of how the State educational agency will

encourage the development and utilization of innovative

strategies for the delivery of specialized or rigorous academic

courses and curricula through the use of technology, including

distance learning technologies, particularly for those areas of

the State that would not otherwise have access to such courses

and curricula due to geographical isolation or insufficient

resources.

(6) An assurance that financial assistance provided under this

subpart will supplement, and not supplant, State and local funds.

(7) A description of how the plan incorporates teacher

education, professional development, and curriculum development,

and how the State educational agency will work to ensure that

teachers and principals in a State receiving funds under this

part are technologically literate.

(8) A description of -

(A) how the State educational agency will provide technical

assistance to applicants under section 6764 of this title,

especially to those applicants serving the highest numbers or

percentages of children in poverty or with the greatest need

for technical assistance; and

(B) the capacity of the State educational agency to provide

such assistance.

(9) A description of technology resources and systems that the

State will provide for the purpose of establishing best practices

that can be widely replicated by State educational agencies and

local educational agencies in the State and in other States.

(10) A description of the State's long-term strategies for

financing technology to ensure that all students, teachers, and

classrooms have access to technology.

(11) A description of the State's strategies for using

technology to increase parental involvement.

(12) A description of how the State educational agency will

ensure that each subgrant awarded under section 6762(a)(2)(B) of

this title is of sufficient size and duration, and that the

program funded by the subgrant is of sufficient scope and

quality, to carry out the purposes of this part effectively.

(13) A description of how the State educational agency will

ensure ongoing integration of technology into school curricula

and instructional strategies in all schools in the State, so that

technology will be fully integrated into the curricula and

instruction of the schools by December 31, 2006.

(14) A description of how the local educational agencies in the

State will provide incentives to teachers who are technologically

literate and teaching in rural or urban areas, to encourage such

teachers to remain in those areas.

(15) A description of how public and private entities will

participate in the implementation and support of the plan.

An application submitted by a State educational agency pursuant

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

the Secretary unless the Secretary makes a written determination,

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

on which the Secretary received the application, that the

application is not in compliance with this part.

(d) Disapproval

The Secretary shall not finally disapprove the application,

except after giving the State educational agency notice and an

opportunity for a hearing.

(e) Notification

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

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

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

for a hearing; and

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

noncompliance and, in such notification, shall -

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

not in compliance; and

(B) request additional information, only as to the

noncompliant provisions, needed to make the application

compliant.

(f) Response

If the State educational agency responds to the Secretary's

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

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

received the notification, and resubmits the application with the

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

section, the Secretary shall approve or disapprove such application

prior to the later of -

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

on which the application is resubmitted; or

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

subsection (c) of this section.

(g) Failure to respond

If the State educational agency does not respond to the

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

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

agency received the notification, such application shall be deemed

to be disapproved.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2413, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1675.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6764 of this title.

-CITE-

20 USC Sec. 6764 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 1 - state and local technology grants

-HEAD-

Sec. 6764. Local applications

-STATUTE-

(a) In general

To be eligible to receive a subgrant from a State educational

agency under this subpart, a local educational agency or eligible

local entity shall submit to the State educational agency an

application containing a new or updated local long-range strategic

educational technology plan that is consistent with the objectives

of the statewide educational technology plan described in section

6763(a) of this title, and such other information as the State

educational agency may reasonably require, at such time and in such

manner as the State educational agency may require.

(b) Contents

The application shall include each of the following:

(1) A description of how the applicant will use Federal funds

under this subpart to improve the student academic achievement,

including technology literacy, of all students attending schools

served by the local educational agency and to improve the

capacity of all teachers teaching in schools served by the local

educational agency to integrate technology effectively into

curricula and instruction.

(2) A description of the applicant's specific goals for using

advanced technology to improve student academic achievement,

aligned with challenging State academic content and student

academic achievement standards.

(3) A description of the steps the applicant will take to

ensure that all students and teachers in schools served by the

local educational agency involved have increased access to

educational technology, including how the agency would use funds

under this subpart (such as combining the funds with funds from

other sources), to help ensure that -

(A) students in high-poverty and high-needs schools, or

schools identified under section 6316 of this title, have

access to technology; and

(B) teachers are prepared to integrate technology effectively

into curricula and instruction.

(4) A description of how the applicant will -

(A) identify and promote curricula and teaching strategies

that integrate technology effectively into curricula and

instruction, based on a review of relevant research, leading to

improvements in student academic achievement, as measured by

challenging State academic content and student academic

achievement standards; and

(B) provide ongoing, sustained professional development for

teachers, principals, administrators, and school library media

personnel serving the local educational agency, to further the

effective use of technology in the classroom or library media

center, including, if applicable, a list of the entities that

will be partners with the local educational agency involved in

providing the ongoing, sustained professional development.

(5) A description of the type and costs of technologies to be

acquired under this subpart, including services, software, and

digital curricula, and including specific provisions for

interoperability among components of such technologies.

(6) A description of how the applicant will coordinate

activities carried out with funds provided under this subpart

with technology-related activities carried out with funds

available from other Federal, State, and local sources.

(7) A description of how the applicant will integrate

technology (including software and other electronically delivered

learning materials) into curricula and instruction, and a

timeline for such integration.

(8) A description of how the applicant will encourage the

development and utilization of innovative strategies for the

delivery of specialized or rigorous academic courses and

curricula through the use of technology, including distance

learning technologies, particularly for those areas that would

not otherwise have access to such courses and curricula due to

geographical isolation or insufficient resources.

(9) A description of how the applicant will ensure the

effective use of technology to promote parental involvement and

increase communication with parents, including a description of

how parents will be informed of the technology being applied in

their child's education so that the parents are able to reinforce

at home the instruction their child receives at school.

(10) A description of how programs will be developed, where

applicable, in collaboration with adult literacy service

providers, to maximize the use of technology.

(11) A description of the process and accountability measures

that the applicant will use to evaluate the extent to which

activities funded under this subpart are effective in integrating

technology into curricula and instruction, increasing the ability

of teachers to teach, and enabling students to meet challenging

State academic content and student academic achievement

standards.

(12) A description of the supporting resources (such as

services, software, other electronically delivered learning

materials, and print resources) that will be acquired to ensure

successful and effective uses of technology.

A local educational agency that is an eligible local entity and

submits an application to the State educational agency under this

section for funds awarded under section 6762(a)(2)(A) of this title

may combine the agency's application for funds awarded under that

section with an application for funds awarded under section

6762(a)(2)(B) of this title.

(d) Special rule

(1) Consortium applications

(A) In general

For any fiscal year, a local educational agency applying for

financial assistance described in section 6762(a)(2)(A) of this

title may apply as part of a consortium that includes other

local educational agencies, institutions of higher education,

educational service agencies, libraries, or other educational

entities appropriate to provide local programs.

(B) Fiscal agent

If a local educational agency applies for and receives

financial assistance described in section 6762(a)(2)(A) of this

title as part of a consortium, the local educational agency

shall serve as the fiscal agent for the consortium.

(2) State educational agency assistance

At the request of a local educational agency, a State

educational agency may assist the local educational agency in the

formation of a consortium described in paragraph (1) to provide

services for the teachers and students served by the local

educational agency.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2414, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1677.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6762, 6763 of this title.

-CITE-

20 USC Sec. 6765 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 1 - state and local technology grants

-HEAD-

Sec. 6765. State activities

-STATUTE-

From funds made available under section 6762(a)(1) of this title,

a State educational agency shall carry out activities and assist

local efforts to carry out the purposes of this part, which may

include the following activities:

(1) Developing, or assisting applicants or recipients of funds

under this subpart in the development and utilization of,

innovative strategies for the delivery of specialized or rigorous

academic courses and curricula through the use of technology,

including distance learning technologies, and providing other

technical assistance to such applicants or recipients throughout

the State, with priority given to high-need local educational

agencies.

(2) Establishing or supporting public-private initiatives (such

as interest-free or reduced-cost loans) for the acquisition of

educational technology for high-need local educational agencies

and students attending schools served by such agencies.

(3) Assisting recipients of funds under this subpart in

providing sustained and intensive, high-quality professional

development based on a review of relevant research in the

integration of advanced technologies, including emerging

technologies, into curricula and instruction and in using those

technologies to create new learning environments, including

training in the use of technology to -

(A) access data and resources to develop curricula and

instructional materials;

(B) enable teachers -

(i) to use the Internet and other technology to communicate

with parents, other teachers, principals, and administrators;

and

(ii) to retrieve Internet-based learning resources; and

academic subjects, that effectively prepare students to meet

challenging State academic content standards and student

academic achievement standards.

(4) Assisting recipients of funds under this subpart in

providing all students (including students with disabilities and

students with limited English proficiency) and teachers with

access to educational technology.

(5) Developing performance measurement systems to determine the

effectiveness of educational technology programs funded under

this subpart, particularly in determining the extent to which

activities funded under this subpart are effective in integrating

technology into curricula and instruction, increasing the ability

of teachers to teach, and enabling students to meet challenging

State academic content and student academic achievement

standards.

(6) Collaborating with other State educational agencies on

distance learning, including making specialized or rigorous

academic courses and curricula available to students in areas

that would not otherwise have access to such courses and

curricula.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2415, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1679.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6762 of this title.

-CITE-

20 USC Sec. 6766 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 1 - state and local technology grants

-HEAD-

Sec. 6766. Local activities

-STATUTE-

(a) Professional development

(1) In general

A recipient of funds made available under section 6762(a)(2) of

this title shall use not less than 25 percent of such funds to

provide ongoing, sustained, and intensive, high-quality

professional development. The recipient shall provide

professional development in the integration of advanced

technologies, including emerging technologies, into curricula and

instruction and in using those technologies to create new

learning environments, such as professional development in the

use of technology -

(A) to access data and resources to develop curricula and

instructional materials;

(B) to enable teachers -

(i) to use the Internet and other technology to communicate

with parents, other teachers, principals, and administrators;

and

(ii) to retrieve Internet-based learning resources; and

core academic subjects, that effectively prepare students to

meet challenging State academic content standards, including

increasing student technology literacy, and student academic

achievement standards.

(2) Waivers

Paragraph (1) shall not apply to a recipient of funds made

available under section 6762(a)(2) of this title that

demonstrates, to the satisfaction of the State educational agency

involved, that the recipient already provides ongoing, sustained,

and intensive, high-quality professional development that is

based on a review of relevant research, to all teachers in core

academic subjects in the integration of advanced technologies,

including emerging technologies, into curricula and instruction.

(b) Other activities

In addition to the activities described in subsection (a) of this

section, a recipient of funds made available by a State educational

agency under section 6762(a)(2) of this title shall use such funds

to carry out other activities consistent with this subpart, which

may include the following:

(1) Establishing or expanding initiatives, particularly

initiatives involving public-private partnerships, designed to

increase access to technology for students and teachers, with

special emphasis on the access of high-need schools to

technology.

(2) Adapting or expanding existing and new applications of

technology to enable teachers to increase student academic

achievement, including technology literacy -

(A) through the use of teaching practices that are based on a

review of relevant research and are designed to prepare

students to meet challenging State academic content and student

academic achievement standards; and

(B) by the development and utilization of innovative distance

learning strategies to deliver specialized or rigorous academic

courses and curricula to areas that would not otherwise have

access to such courses and curricula.

(3) Acquiring proven and effective courses and curricula that

include integrated technology and are designed to help students

meet challenging State academic content and student academic

achievement standards.

(4) Utilizing technology to develop or expand efforts to

connect schools and teachers with parents and students to promote

meaningful parental involvement, to foster increased

communication about curricula, assignments, and assessments

between students, parents, and teachers, and to assist parents to

understand the technology being applied in their child's

education, so that parents are able to reinforce at home the

instruction their child receives at school.

(5) Preparing one or more teachers in elementary schools and

secondary schools as technology leaders who are provided with the

means to serve as experts and train other teachers in the

effective use of technology, and providing bonus payments to the

technology leaders.

(6) Acquiring, adapting, expanding, implementing, repairing,

and maintaining existing and new applications of technology, to

support the school reform effort and to improve student academic

achievement, including technology literacy.

(7) Acquiring connectivity linkages, resources, and services

(including the acquisition of hardware and software and other

electronically delivered learning materials) for use by teachers,

students, academic counselors, and school library media personnel

in the classroom, in academic and college counseling centers, or

in school library media centers, in order to improve student

academic achievement.

(8) Using technology to collect, manage, and analyze data to

inform and enhance teaching and school improvement efforts.

(9) Implementing performance measurement systems to determine

the effectiveness of education technology programs funded under

this subpart, particularly in determining the extent to which

activities funded under this subpart are effective in integrating

technology into curricula and instruction, increasing the ability

of teachers to teach, and enabling students to meet challenging

State academic content and student academic achievement

standards.

(10) Developing, enhancing, or implementing information

technology courses.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2416, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1680.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6762 of this title.

-CITE-

20 USC subpart 2 - national technology activities 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 2 - national technology activities

-HEAD-

subpart 2 - national technology activities

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 6754 of this title.

-CITE-

20 USC Sec. 6771 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 2 - national technology activities

-HEAD-

Sec. 6771. National activities

-STATUTE-

(a) Study

Using funds made available under section 6754(b)(2) of this

title, the Secretary -

(1) shall conduct an independent, long-term study, utilizing

scientifically based research methods and control groups or

control conditions -

(A) on the conditions and practices under which educational

technology is effective in increasing student academic

achievement; and

(B) on the conditions and practices that increase the ability

of teachers to integrate technology effectively into curricula

and instruction, that enhance the learning environment and

opportunities, and that increase student academic achievement,

including technology literacy;

(2) shall establish an independent review panel to advise the

Secretary on methodological and other issues that arise in

conducting the long-term study;

(3) shall consult with other interested Federal departments or

agencies, State and local educational practitioners and

policymakers (including teachers, principals, and

superintendents), and experts in technology, regarding the study;

and

(4) shall submit to Congress interim reports, when appropriate,

and a final report, to be submitted not later than April 1, 2006,

on the findings of the study.

(b) Dissemination

Using funds made available under section 6754(b)(2) of this

title, the Secretary shall make widely available, including through

dissemination on the Internet and to all State educational agencies

and other recipients of funds under this part, findings identified

through activities carried out under this section regarding the

conditions and practices under which educational technology is

effective in increasing student academic achievement.

Using funds made available under section 6754(b)(2) of this

title, the Secretary may provide technical assistance (directly or

through the competitive award of grants or contracts) to State

educational agencies, local educational agencies, and other

recipients of funds, particularly in rural areas, under this part,

in order to assist such State educational agencies, local

educational agencies, and other recipients to achieve the purposes

of this part.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2421, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1682.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6754 of this title.

-CITE-

20 USC Sec. 6772 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 2 - national technology activities

-HEAD-

Sec. 6772. National education technology plan

-STATUTE-

(a) In general

Based on the Nation's progress and an assessment by the Secretary

of the continuing and future needs of the Nation's schools in

effectively using technology to provide all students the

opportunity to meet challenging State academic content and student

academic achievement standards, the Secretary shall update and

publish, in a form readily accessible to the public, a national

long-range technology plan, by not later than 12 months after

January 8, 2002.

(b) Contents

The plan referred to in subsection (a) of this section shall

include each of the following:

(1) A description of the manner in which the Secretary will

promote -

(A) higher student academic achievement through the

integration of advanced technologies, including emerging

technologies, into curricula and instruction;

(B) increased access to technology for teaching and learning

for schools with a high number or percentage of children from

families with incomes below the poverty line; and

State systemic reform strategies.

(2) A description of joint activities of the Department of

Education and other Federal departments or agencies that will

promote the use of technology in education.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2422, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1682.)

-CITE-

20 USC subpart 3 - ready-to-learn television 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 3 - ready-to-learn television

-HEAD-

subpart 3 - ready-to-learn television

-CITE-

20 USC Sec. 6775 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 3 - ready-to-learn television

-HEAD-

Sec. 6775. Ready-to-Learn Television

-STATUTE-

(a) Program authorized

(1) In general

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

contracts or cooperative agreements with, eligible entities

described in paragraph (3) to enable such entities -

(A) to develop, produce, and distribute educational and

instructional video programming for preschool and elementary

school children and their parents in order to facilitate

student academic achievement;

(B) to facilitate the development, directly or through

contracts with producers of children and family educational

television programming, of educational programming for

preschool and elementary school children, and the accompanying

support materials and services that promote the effective use

of such programming;

content containing Ready-to-Learn-based children's programming

and resources for parents and caregivers that is specially

designed for nationwide distribution over public television

stations' digital broadcasting channels and the Internet;

(D) to contract with entities (such as public

telecommunications entities) so that programs developed under

this section are disseminated and distributed to the widest

possible audience appropriate to be served by the programming,

and through the use of the most appropriate distribution

technologies; and

(E) to develop and disseminate education and training

materials, including interactive programs and programs

adaptable to distance learning technologies, that are designed

(i) to promote school readiness; and

(ii) to promote the effective use of materials developed

under subparagraphs (B) and (C) among parents, teachers, Head

Start providers, Even Start providers, providers of family

literacy services, child care providers, early childhood

development personnel, elementary school teachers, public

libraries, and after-school program personnel caring for

preschool and elementary school children.

(2) Availability

In awarding grants, contracts, or cooperative agreements under

this section, the Secretary shall ensure that eligible entities

make programming widely available, with support materials as

appropriate, to young children, parents, child care workers, Head

Start providers, Even Start providers, and providers of family

literacy services to increase the effective use of such

programming.

(3) Eligible entities

To be eligible to receive a grant, contract, or cooperative

agreements under this section, an entity shall be a public

telecommunications entity that is able to demonstrate each of the

following:

(A) A capacity for the development and national distribution

of educational and instructional television programming of high

quality that is accessible by a large majority of disadvantaged

preschool and elementary school children.

(B) A capacity to contract with the producers of children's

television programming for the purpose of developing

educational television programming of high quality.

nonprofit nature, to negotiate such contracts in a manner that

returns to the entity an appropriate share of any ancillary

income from sales of any program-related products.

(D) A capacity to localize programming and materials to meet

specific State and local needs and to provide educational

outreach at the local level.

(4) Coordination of activities

An entity receiving a grant, contract, or cooperative agreement

under this section shall consult with the Secretary and the

Secretary of Health and Human Services -

(A) to maximize the utilization of quality educational

programming by preschool and elementary school children, and

make such programming widely available to federally funded

programs serving such populations; and

(B) to coordinate activities with Federal programs that have

major training components for early childhood development,

including programs under the Head Start Act (42 U.S.C. 9831 et

seq.) and Even Start, and State training activities funded

under the Child Care and Development Block Grant Act of 1990

(42 U.S.C. 9858 et seq.), regarding the availability and

utilization of materials developed under paragraph (1)(E) to

enhance parent and child care provider skills in early

childhood development and education.

(b) Applications

To be eligible to receive a grant, contract, or cooperative

agreement under subsection (a) of this section, an entity shall

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

manner, and containing such information as the Secretary may

reasonably require.

(1) Annual report to the Secretary

An entity receiving a grant, contract, or cooperative agreement

under this section shall prepare and submit to the Secretary an

annual report that contains such information as the Secretary may

require. At a minimum, the report shall describe the program

activities undertaken with funds received under the grant,

contract, or cooperative agreement, including each of the

following:

(A) The programming that has been developed, directly or

indirectly, by the eligible entity, and the target population

of the programs developed.

(B) The support and training materials that have been

developed to accompany the programming, and the method by which

the materials are distributed to consumers and users of the

programming.

section has been distributed, including the distance learning

technologies that have been utilized to make programming

available, and the geographic distribution achieved through

such technologies.

(D) The initiatives undertaken by the entity to develop

public-private partnerships to secure non-Federal support for

the development, distribution, and broadcast of educational and

instructional programming.

(2) Report to Congress

The Secretary shall prepare and submit to the relevant

committees of Congress a biannual report that includes the

following:

(A) A summary of the activities assisted under subsection (a)

of this section.

(B) A description of the education and training materials

made available under subsection (a)(1)(E) of this section, the

manner in which outreach has been conducted to inform parents

and child care providers of the availability of such materials,

and the manner in which such materials have been distributed in

accordance with such subsection.

(d) Administrative costs

An entity that receives a grant, contract, or cooperative

agreement under this section may use up to 5 percent of the amount

received under the grant, contract, or agreement for the normal and

customary expenses of administering the grant, contract, or

agreement.

(e) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this

section such sums as may be necessary for fiscal year 2002, and

for each of the 5 succeeding fiscal years.

(2) Funding rule

Not less than 60 percent of the amount appropriated under

paragraph (1) for each fiscal year shall be used to carry out

activities under subparagraphs (B) through (D) of subsection

(a)(1) of this section.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2431, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1683.)

-REFTEXT-

REFERENCES IN TEXT

The Head Start Act, referred to in subsec. (a)(4)(B), is

subchapter B (Sec. 635 et seq.) of chapter 8 of subtitle A of title

VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which

is classified generally to subchapter II (Sec. 9831 et seq.) of

chapter 105 of Title 42, The Public Health and Welfare. For

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

note set out under section 9801 of Title 42 and Tables.

The Child Care and Development Block Grant Act of 1990, referred

to in subsec. (a)(4)(B), is subchapter C (Sec. 658A et seq.) of

chapter 8 of subtitle A of title VI of Pub. L. 97-35, as added by

Pub. L. 101-508, title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat.

1388-236, as amended, which is classified generally to subchapter

II-B (Sec. 9858 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.

-CITE-

20 USC subpart 4 - limitation on availability of certain

funds for schools 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 4 - limitation on availability of certain funds for schools

-HEAD-

subpart 4 - limitation on availability of certain funds for schools

-CITE-

20 USC Sec. 6777 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Part D - Enhancing Education Through Technology

subpart 4 - limitation on availability of certain funds for schools

-HEAD-

Sec. 6777. Internet safety

-STATUTE-

(a) In general

No funds made available under this part to a local educational

agency for an elementary school or secondary school that does not

receive services at discount rates under section 254(h)(5) of title

47 may be used to purchase computers used to access the Internet,

or to pay for direct costs associated with accessing the Internet,

for such school unless the school, school board, local educational

agency, or other authority with responsibility for administration

of such school both -

(1)(A) has in place a policy of Internet safety for minors that

includes the operation of a technology protection measure with

respect to any of its computers with Internet access that

protects against access through such computers to visual

depictions that are -

(i) obscene;

(ii) child pornography; or

(iii) harmful to minors; and

(B) is enforcing the operation of such technology protection

measure during any use of such computers by minors; and

(2)(A) has in place a policy of Internet safety that includes

the operation of a technology protection measure with respect to

any of its computers with Internet access that protects against

access through such computers to visual depictions that are -

(i) obscene; or

(ii) child pornography; and

(B) is enforcing the operation of such technology protection

measure during any use of such computers.

(b) Timing and applicability of implementation

(1) In general

The local educational agency with responsibility for a school

covered by subsection (a) of this section shall certify the

compliance of such school with the requirements of subsection (a)

of this section as part of the application process for the next

program funding year under this chapter following December 21,

2000, and for each subsequent program funding year thereafter.

(2) Process

(A) Schools with Internet safety policies and technology

protection measures in place

A local educational agency with responsibility for a school

covered by subsection (a) of this section that has in place an

Internet safety policy meeting the requirements of subsection

(a) of this section shall certify its compliance with

subsection (a) of this section during each annual program

application cycle under this chapter.

(B) Schools without Internet safety policies and technology

protection measures in place

(i) Certification

A local educational agency with responsibility for a school

covered by subsection (a) of this section that does not have

in place an Internet safety policy meeting the requirements

of subsection (a) of this section -

(I) for the first program year after December 21, 2000,

in which the local educational agency is applying for funds

for such school under this chapter, shall certify that it

is undertaking such actions, including any necessary

procurement procedures, to put in place an Internet safety

policy that meets such requirements; and

(II) for the second program year after December 21, 2000,

in which the local educational agency is applying for funds

for such school under this chapter, shall certify that such

school is in compliance with such requirements.

(ii) Ineligibility

Any school covered by subsection (a) of this section for

which the local educational agency concerned is unable to

certify compliance with such requirements in such second

program year shall be ineligible for all funding under this

part for such second program year and all subsequent program

years until such time as such school comes into compliance

with such requirements.

Any school subject to a certification under subparagraph

(B)(i)(II) for which the local educational agency concerned

cannot make the certification otherwise required by that

subparagraph may seek a waiver of that subparagraph if State or

local procurement rules or regulations or competitive bidding

requirements prevent the making of the certification otherwise

required by that subparagraph. The local educational agency

concerned shall notify the Secretary of the applicability of

that subparagraph to the school. Such notice shall certify

that the school will be brought into compliance with the

requirements in subsection (a) of this section before the start

of the third program year after December 21, 2000, in which the

school is applying for funds under this part.

An administrator, supervisor, or person authorized by the

responsible authority under subsection (a) of this section may

disable the technology protection measure concerned to enable

access for bona fide research or other lawful purposes.

(d) Noncompliance

(1) Use of General Education Provisions Act remedies

Whenever the Secretary has reason to believe that any recipient

of funds under this part is failing to comply substantially with

the requirements of this section, the Secretary may -

(A) withhold further payments to the recipient under this

part;

(B) issue a complaint to compel compliance of the recipient

through a cease and desist order; or

bring it into compliance with such requirements,

in (FOOTNOTE 1) same manner as the Secretary is authorized to

take such actions under sections 455, 456, and 457, respectively,

of the General Education Provisions Act (20 U.S.C. 1234d, 1234e,

1234f).

(FOOTNOTE 1) So in original. Probably should be followed by

''the''.

(2) Recovery of funds prohibited

The actions authorized by paragraph (1) are the exclusive

remedies available with respect to the failure of a school to

comply substantially with a provision of this section, and the

Secretary shall not seek a recovery of funds from the recipient

for such failure.

(3) Recommencement of payments

Whenever the Secretary determines (whether by certification or

other appropriate evidence) that a recipient of funds who is

subject to the withholding of payments under paragraph (1)(A) has

cured the failure providing the basis for the withholding of

payments, the Secretary shall cease the withholding of payments

to the recipient under that paragraph.

(e) Definitions

In this subpart:

(1) Computer

The term ''computer'' includes any hardware, software, or other

technology attached or connected to, installed in, or otherwise

used in connection with a computer.

(2) Access to Internet

A computer shall be considered to have access to the Internet

if such computer is equipped with a modem or is connected to a

computer network that has access to the Internet.

(3) Acquisition or operation

An elementary school or secondary school shall be considered to

have received funds under this part for the acquisition or

operation of any computer if such funds are used in any manner,

directly or indirectly -

(A) to purchase, lease, or otherwise acquire or obtain the

use of such computer; or

(B) to obtain services, supplies, software, or other actions

or materials to support, or in connection with, the operation

of such computer.

(4) Minor

The term ''minor'' means an individual who has not attained the

age of 17.

(5) Child pornography

The term ''child pornography'' has the meaning given that term

in section 2256 of title 18.

(6) Harmful to minors

The term ''harmful to minors'' means any picture, image,

graphic image file, or other visual depiction that -

(A) taken as a whole and with respect to minors, appeals to a

prurient interest in nudity, sex, or excretion;

(B) depicts, describes, or represents, in a patently

offensive way with respect to what is suitable for minors, an

actual or simulated sexual act or sexual contact, actual or

simulated normal or perverted sexual acts, or a lewd exhibition

of the genitals; and

political, or scientific value as to minors.

(7) Obscene

The term ''obscene'' has the meaning applicable to that term

under section 1460 of title 18.

(8) Sexual act and sexual contact

The terms ''sexual act'' and ''sexual contact'' have the

meanings given those terms in section 2246 of title 18.

(f) Severability

If any provision of this section is held invalid, the remainder

of this section shall not be affected thereby.

-SOURCE-

(Pub. L. 89-10, title II, Sec. 2441, as added Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1686.)

-CITE-

20 USC SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED

ENGLISH PROFICIENT AND IMMIGRANT STUDENTS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

-HEAD-

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

-COD-

CODIFICATION

Title III 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 III is

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

Sec. 301, Jan. 8, 2002, 115 Stat. 1689, without reference to

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

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

section 6301 of this title.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6367, 7345, 7345a,

7351a, 7941 of this title.

-CITE-

20 USC Sec. 6801 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

-HEAD-

Sec. 6801. Authorizations of appropriations; condition on

effectiveness of parts

-STATUTE-

(a) Authorizations of appropriations

(1) In general

Subject to subsection (b) of this section, there are authorized

to be appropriated to carry out this subchapter, except for

subpart 4 of part B, $750,000,000 for fiscal year 2002 and such

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

years.

(2) Emergency immigrant education program

There are authorized to be appropriated to carry out subpart 4

of part B of this subchapter (when such part is in effect) such

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

succeeding fiscal years.

(b) Conditions on effectiveness of parts A and B

(1) Part A

Part A of this subchapter shall be in effect for any fiscal

year for which the amount appropriated under paragraphs (1) and

(2) of subsection (a) of this section equals or exceeds

$650,000,000.

(2) Part B

Part B of this subchapter shall be in effect only for a fiscal

year for which part A of this subchapter is not in effect.

In any fiscal year for which part A of this subchapter is in

effect, references in Federal law (other than this subchapter) to

part B of this subchapter shall be considered to be references to

part A of this subchapter. In any fiscal year for which part B of

this subchapter is in effect, references in Federal law (other than

this subchapter) to part A of this subchapter shall be considered

to be references to part B of this subchapter.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3001, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1689.)

-MISC1-

PRIOR PROVISIONS

A prior section 6801, Pub. L. 89-10, title III, Sec. 3101, as

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

3636, set out Short Title of prior subchapter III as the Technology

for Education Act of 1994, prior to the general amendment of this

subchapter by Pub. L. 107-110.

A prior section 3001 of Pub. L. 89-10 was classified to section

3021 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 5891b, 6821, 6913 of this

title.

-CITE-

20 USC Part A - English Language Acquisition, Language

Enhancement, and Academic Achievement Act 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

-HEAD-

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 6394, 6396, 6801, 7012,

7801, 7881 of this title.

-CITE-

20 USC Sec. 6811 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

-HEAD-

Sec. 6811. Short title

-STATUTE-

This part may be cited as the ''English Language Acquisition,

Language Enhancement, and Academic Achievement Act''.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3101, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1690.)

-MISC1-

PRIOR PROVISIONS

A prior section 6811, Pub. L. 89-10, title III, Sec. 3111, as

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

3637, set forth findings, prior to the general amendment of this

subchapter by Pub. L. 107-110.

A prior section 3101 of Pub. L. 89-10 was classified to section

6801 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 6812 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

-HEAD-

Sec. 6812. Purposes

-STATUTE-

The purposes of this part are -

(1) to help ensure that children who are limited English

proficient, including immigrant children and youth, attain

English proficiency, develop high levels of academic attainment

in English, and meet the same challenging State academic content

and student academic achievement standards as all children are

expected to meet;

(2) to assist all limited English proficient children,

including immigrant children and youth, to achieve at high levels

in the core academic subjects so that those children can meet the

same challenging State academic content and student academic

achievement standards as all children are expected to meet,

consistent with section 6311(b)(1) of this title;

(3) to develop high-quality language instruction educational

programs designed to assist State educational agencies, local

educational agencies, and schools in teaching limited English

proficient children and serving immigrant children and youth;

(4) to assist State educational agencies and local educational

agencies to develop and enhance their capacity to provide

high-quality instructional programs designed to prepare limited

English proficient children, including immigrant children and

youth, to enter all-English instruction settings;

(5) to assist State educational agencies, local educational

agencies, and schools to build their capacity to establish,

implement, and sustain language instruction educational programs

and programs of English language development for limited English

proficient children;

(6) to promote parental and community participation in language

instruction educational programs for the parents and communities

of limited English proficient children;

(7) to streamline language instruction educational programs

into a program carried out through formula grants to State

educational agencies and local educational agencies to help

limited English proficient children, including immigrant children

and youth, develop proficiency in English, while meeting

challenging State academic content and student academic

achievement standards;

(8) to hold State educational agencies, local educational

agencies, and schools accountable for increases in English

proficiency and core academic content knowledge of limited

English proficient children by requiring -

(A) demonstrated improvements in the English proficiency of

limited English proficient children each fiscal year; and

(B) adequate yearly progress for limited English proficient

children, including immigrant children and youth, as described

in section 6311(b)(2)(B) of this title; and

(9) to provide State educational agencies and local educational

agencies with the flexibility to implement language instruction

educational programs, based on scientifically based research on

teaching limited English proficient children, that the agencies

believe to be the most effective for teaching English.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3102, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1690.)

-MISC1-

PRIOR PROVISIONS

A prior section 6812, Pub. L. 89-10, title III, Sec. 3112, as

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

3638, set forth purpose of former part A of this subchapter, prior

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

Prior sections 6813 to 6815 were omitted in the general amendment

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

Section 6813, Pub. L. 89-10, title III, Sec. 3113, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3639;

amended Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VII,

Sec. 709(a)(1), (3)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-312;

Pub. L. 105-220, title II, Sec. 251(b)(2)(D), Aug. 7, 1998, 112

Stat. 1080, defined terms for purposes of prior subchapter III.

Section 6814, Pub. L. 89-10, title III, Sec. 3114, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3640,

authorized appropriations and set forth funding rule.

Section 6815, Pub. L. 89-10, title III, Sec. 3115, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3641,

limited use of funds for administrative costs and technical

assistance.

-CITE-

20 USC subpart 1 - grants and subgrants for english

language acquisition and language

enhancement 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 1 - grants and subgrants for english language acquisition

and language enhancement

-HEAD-

subpart 1 - grants and subgrants for english language acquisition

and language enhancement

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 6841, 6842, 7325 of this

title.

-CITE-

20 USC Sec. 6821 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 1 - grants and subgrants for english language acquisition

and language enhancement

-HEAD-

Sec. 6821. Formula grants to States

-STATUTE-

(a) In general

In the case of each State educational agency having a plan

approved by the Secretary for a fiscal year under section 6823 of

this title, the Secretary shall make a grant for the year to the

agency for the purposes specified in subsection (b) of this

section. The grant shall consist of the allotment determined for

the State educational agency under subsection (c) of this section.

(b) Use of funds

(1) Subgrants to eligible entities

The Secretary may make a grant under subsection (a) of this

section only if the State educational agency involved agrees to

expend at least 95 percent of the State educational agency's

allotment under subsection (c) of this section for a fiscal year

(A) to award subgrants, from allocations under section 6824

of this title, to eligible entities to carry out the activities

described in section 6825 of this title (other than subsection

(e)); and

(B) to award subgrants under section 6824(d)(1) of this title

to eligible entities that are described in that section to

carry out the activities described in section 6825(e) of this

title.

(2) State activities

Subject to paragraph (3), each State educational agency

receiving a grant under subsection (a) of this section may

reserve not more than 5 percent of the agency's allotment under

subsection (c) of this section to carry out one or more of the

following activities:

(A) Professional development activities, and other

activities, that assist personnel in meeting State and local

certification and licensing requirements for teaching limited

English proficient children.

(B) Planning, evaluation, administration, and interagency

coordination related to the subgrants referred to in paragraph

(1).

assistance to eligible entities that are receiving subgrants

from a State educational agency under this subpart, including

assistance in -

(i) identifying and implementing language instruction

educational programs and curricula that are based on

scientifically based research on teaching limited English

proficient children;

(ii) helping limited English proficient children meet the

same challenging State academic content and student academic

achievement standards as all children are expected to meet;

(iii) identifying or developing, and implementing, measures

of English proficiency; and

(iv) promoting parental and community participation in

programs that serve limited English proficient children.

(D) Providing recognition, which may include providing

financial awards, to subgrantees that have exceeded their

annual measurable achievement objectives pursuant to section

6842 of this title.

(3) Administrative expenses

From the amount reserved under paragraph (2), a State

educational agency may use not more than 60 percent of such

amount or $175,000, whichever is greater, for the planning and

administrative costs of carrying out paragraphs (1) and (2).

(1) Reservations

From the amount appropriated under section 6801(a) of this

title for each fiscal year, the Secretary shall reserve -

(A) 0.5 percent or $5,000,000 of such amount, whichever is

greater, for payments to eligible entities that are defined

under section 6822(a) of this title for activities, approved by

the Secretary, consistent with this subpart;

(B) 0.5 percent of such amount for payments to outlying

areas, to be allotted in accordance with their respective needs

for assistance under this subpart, as determined by the

Secretary, for activities, approved by the Secretary,

consistent with this subpart;

sections 6861 and 7013 of this title, except that not more than

0.5 percent of such amount shall be reserved for evaluation

activities conducted by the Secretary and not more than

$2,000,000 of such amount may be reserved for the National

Clearinghouse for English Language Acquisition and Language

Instruction Educational Programs described in section 7013 of

this title; and

(D) such sums as may be necessary to make continuation awards

under paragraph (2).

(2) Continuation awards

(A) In general

Before making allotments to State educational agencies under

paragraph (3) for any fiscal year, the Secretary shall use the

sums reserved under paragraph (1)(D) to make continuation

awards to recipients who received grants or fellowships for the

fiscal year preceding any fiscal year described in section

6801(b)(1)(A) of this title under -

(i) subparts 1 and 3 of part A of title VII (as in effect

on the day before January 8, 2002); or

(ii) subparts 1 and 3 of part B of this subchapter.

(B) Use of funds

The Secretary shall make the awards in order to allow such

recipients to receive awards for the complete period of their

grants or fellowships under the appropriate subparts.

(3) State allotments

(A) In general

Except as provided in subparagraph (B), from the amount

appropriated under section 6801(a) of this title for each

fiscal year that remains after making the reservations under

paragraph (1), the Secretary shall allot to each State

educational agency having a plan approved under section 6823(c)

of this title -

(i) an amount that bears the same relationship to 80

percent of the remainder as the number of limited English

proficient children in the State bears to the number of such

children in all States; and

(ii) an amount that bears the same relationship to 20

percent of the remainder as the number of immigrant children

and youth in the State bears to the number of such children

and youth in all States.

(B) Minimum allotments

No State educational agency shall receive an allotment under

this paragraph that is less than $500,000.

If any State educational agency described in subparagraph (A)

does not submit a plan to the Secretary for a fiscal year, or

submits a plan (or any amendment to a plan) that the Secretary,

after reasonable notice and opportunity for a hearing,

determines does not satisfy the requirements of this subpart,

the Secretary -

(i) shall endeavor to make the State's allotment available

on a competitive basis to specially qualified agencies within

the State to satisfy the requirements of section 6825 of this

title (and any additional requirements that the Secretary may

impose), consistent with the purposes of such section, and to

carry out required and authorized activities under such

section; and

(ii) shall reallot any portion of such allotment remaining

after the application of clause (i) to the remaining State

educational agencies in accordance with subparagraph (A).

(D) Special rule for Puerto Rico

The total amount allotted to Puerto Rico for any fiscal year

under subparagraph (A) shall not exceed 0.5 percent of the

total amount allotted to all States for that fiscal year.

(4) Use of data for determinations

(A) In general

In making State allotments under paragraph (3), for the

purpose of determining the number of limited English proficient

children in a State and in all States, and the number of

immigrant children and youth in a State and in all States, for

each fiscal year, the Secretary shall use data that will yield

the most accurate, up-to-date numbers of such children and

youth.

(B) Special rule

(i) First 2 years

In making determinations under subparagraph (A) for the 2

fiscal years following January 8, 2002, the Secretary shall

determine the number of limited English proficient children

in a State and in all States, and the number of immigrant

children and youth in a State and in all States, using data

available from the Bureau of Census or submitted by the

States to the Secretary.

(ii) Subsequent years

For subsequent fiscal years, the Secretary shall determine

the number of limited English proficient children in a State

and in all States, and the number of immigrant children and

youth in a State and in all States, using the more accurate

of -

(I) the data available from the American Community Survey

available from the Department of Commerce; or

(II) the number of children being assessed for English

proficiency in a State as required under section 6311(b)(7)

of this title.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3111, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1691.)

-REFTEXT-

REFERENCES IN TEXT

Subparts 1 and 3 of part A of title VII (as in effect on the day

before January 8, 2002), referred to in subsec. (c)(2)(A)(i), means

subparts 1 and 3 of part A of title VII of Pub. L. 89-10, as added

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

3719, 3732, which were classified generally to subparts 1 (Sec.

7421 et seq.) and 3 (Sec. 7471 et seq.) of part A of subchapter VII

of this chapter prior to the general amendment of subchapter VII of

this chapter by Pub. L. 107-110, title VII, Sec. 701, Jan. 8, 2002,

115 Stat. 1907.

-MISC2-

PRIOR PROVISIONS

A prior section 3111 of Pub. L. 89-10 was classified to section

6811 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 6824, 6843, 6861 of this

title.

-CITE-

20 USC Sec. 6822 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 1 - grants and subgrants for english language acquisition

and language enhancement

-HEAD-

Sec. 6822. Native American and Alaska Native children in school

-STATUTE-

(a) Eligible entities

For the purpose of carrying out programs under this part for

individuals served by elementary schools, secondary schools, and

postsecondary schools operated predominately for Native American

children (including Alaska Native children), the following shall be

considered to be an eligible entity:

(1) An Indian tribe.

(2) A tribally sanctioned educational authority.

(3) A Native Hawaiian or Native American Pacific Islander

native language educational organization.

(4) An elementary school or secondary school that is operated

or funded by the Bureau of Indian Affairs, or a consortium of

such schools.

(5) An elementary school or secondary school operated under a

contract with or grant from the Bureau of Indian Affairs, in

consortium with another such school or a tribal or community

organization.

(6) An elementary school or secondary school operated by the

Bureau of Indian Affairs and an institution of higher education,

in consortium with an elementary school or secondary school

operated under a contract with or grant from the Bureau of Indian

Affairs or a tribal or community organization.

(b) Submission of applications for assistance

Notwithstanding any other provision of this part, an entity that

is considered to be an eligible entity under subsection (a) of this

section, and that desires to receive Federal financial assistance

under this subpart, shall submit an application to the Secretary.

An eligible entity described in subsection (a) of this section

that receives Federal financial assistance pursuant to this section

shall not be eligible to receive a subgrant under section 6824 of

this title.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3112, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1694.)

-MISC1-

PRIOR PROVISIONS

A prior section 3112 of Pub. L. 89-10 was classified to section

6812 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 6821, 7011 of this title.

-CITE-

20 USC Sec. 6823 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 1 - grants and subgrants for english language acquisition

and language enhancement

-HEAD-

Sec. 6823. State and specially qualified agency plans

-STATUTE-

(a) Plan required

Each State educational agency and specially qualified agency

desiring a grant under this subpart shall submit a plan to the

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

information as the Secretary may require.

(b) Contents

Each plan submitted under subsection (a) of this section shall -

(1) describe the process that the agency will use in making

subgrants to eligible entities under section 6824(d)(1) of this

title;

(2) describe how the agency will establish standards and

objectives for raising the level of English proficiency that are

derived from the four recognized domains of speaking, listening,

reading, and writing, and that are aligned with achievement of

the challenging State academic content and student academic

achievement standards described in section 6311(b)(1) of this

title;

(3) contain an assurance that -

(A) in the case of a State educational agency, the agency

consulted with local educational agencies, education-related

community groups and nonprofit organizations, parents,

teachers, school administrators, and researchers, in developing

the annual measurable achievement objectives described in

section 6842 of this title;

(B) in the case of a specially qualified agency, the agency

consulted with education-related community groups and nonprofit

organizations, parents, teachers, and researchers, in

developing the annual measurable achievement objectives

described in section 6842 of this title;

subgrant under this subpart comply with the requirement in

section 6311(b)(7) of this title to annually assess in English

children who have been in the United States for 3 or more

consecutive years;

(D) the agency will ensure that eligible entities receiving a

subgrant under this subpart annually assess the English

proficiency of all limited English proficient children

participating in a program funded under this subpart,

consistent with section 6311(b)(7) of this title;

(E) in awarding subgrants under section 6824 of this title,

the agency will address the needs of school systems of all

sizes and in all geographic areas, including school systems

with rural and urban schools;

(F) subgrants to eligible entities under section 6824(d)(1)

of this title will be of sufficient size and scope to allow

such entities to carry out high-quality language instruction

educational programs for limited English proficient children;

and

(G) the agency will require an eligible entity receiving a

subgrant under this subpart to use the subgrant in ways that

will build such recipient's capacity to continue to offer

high-quality language instruction educational programs that

assist limited English proficient children in meeting

challenging State academic content and student academic

achievement standards once assistance under this subpart is no

longer available;

(4) describe how the agency will coordinate its programs and

activities under this subpart with its other programs and

activities under this chapter and other Acts, as appropriate;

(5) describe how the agency will hold local educational

agencies, eligible entities, elementary schools, and secondary

schools accountable for -

(A) meeting all annual measurable achievement objectives

described in section 6842 of this title;

(B) making adequate yearly progress for limited English

proficient children, as described in section 6311(b)(2)(B) of

this title; and

(6) describe how eligible entities in the State will be given

the flexibility to teach limited English proficient children -

(A) using a language instruction curriculum that is tied to

scientifically based research on teaching limited English

proficient children and that has been demonstrated to be

effective; and

(B) in the manner the eligible entities determine to be the

most effective.

The Secretary, after using a peer review process, shall approve a

plan submitted under subsection (a) of this section if the plan

meets the requirements of this section.

(d) Duration of plan

(1) In general

Each plan submitted by a State educational agency or specially

qualified agency and approved under subsection (c) of this

section shall -

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

participation under this part; and

(B) be periodically reviewed and revised by the agency, as

necessary, to reflect changes to the agency's strategies and

programs carried out under this part.

(2) Additional information

(A) Amendments

If the State educational agency or specially qualified agency

amends the plan, the agency shall submit such amendment to the

Secretary.

(B) Approval

The Secretary shall approve such amendment to an approved

plan, unless the Secretary determines that the amendment will

result in the agency not meeting the requirements, or

fulfilling the purposes, of this part.

(e) Consolidated plan

A plan submitted under subsection (a) of this section may be

submitted as part of a consolidated plan under section 7842 of this

title.

(f) Secretary assistance

The Secretary shall provide technical assistance, if requested,

in the development of English proficiency standards, objectives,

and assessments.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3113, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1694.)

-MISC1-

PRIOR PROVISIONS

A prior section 3113 of Pub. L. 89-10 was classified to section

6813 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6821 of this title.

-CITE-

20 USC Sec. 6824 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 1 - grants and subgrants for english language acquisition

and language enhancement

-HEAD-

Sec. 6824. Within-State allocations

-STATUTE-

(a) In general

After making the reservation required under subsection (d)(1) of

this section, each State educational agency receiving a grant under

section 6821(c)(3) of this title shall award subgrants for a fiscal

year by allocating to each eligible entity in the State having a

plan approved under section 6826 of this title an amount that bears

the same relationship to the amount received under the grant and

remaining after making such reservation as the population of

limited English proficient children in schools served by the

eligible entity bears to the population of limited English

proficient children in schools served by all eligible entities in

the State.

(b) Limitation

A State educational agency shall not award a subgrant from an

allocation made under subsection (a) of this section if the amount

of such subgrant would be less than $10,000.

Whenever a State educational agency determines that an amount

from an allocation made to an eligible entity under subsection (a)

of this section for a fiscal year will not be used by the entity

for the purpose for which the allocation was made, the agency

shall, in accordance with such rules as it determines to be

appropriate, reallocate such amount, consistent with such

subsection, to other eligible entities in the State that the agency

determines will use the amount to carry out that purpose.

(d) Required reservation

A State educational agency receiving a grant under this subpart

for a fiscal year -

(1) shall reserve not more than 15 percent of the agency's

allotment under section 6821(c)(3) of this title to award

subgrants to eligible entities in the State that have experienced

a significant increase, as compared to the average of the 2

preceding fiscal years, in the percentage or number of immigrant

children and youth, who have enrolled, during the fiscal year

preceding the fiscal year for which the subgrant is made, in

public and nonpublic elementary schools and secondary schools in

the geographic areas under the jurisdiction of, or served by,

such entities; and

(2) in awarding subgrants under paragraph (1) -

(A) shall equally consider eligible entities that satisfy the

requirement of such paragraph but have limited or no experience

in serving immigrant children and youth; and

(B) shall consider the quality of each local plan under

section 6826 of this title and ensure that each subgrant is of

sufficient size and scope to meet the purposes of this part.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3114, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1696.)

-MISC1-

PRIOR PROVISIONS

A prior section 3114 of Pub. L. 89-10 was classified to section

6814 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 6821, 6822, 6823, 6825,

6826 of this title.

-CITE-

20 USC Sec. 6825 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 1 - grants and subgrants for english language acquisition

and language enhancement

-HEAD-

Sec. 6825. Subgrants to eligible entities

-STATUTE-

(a) Purposes of subgrants

A State educational agency may make a subgrant to an eligible

entity from funds received by the agency under this subpart only if

the entity agrees to expend the funds to improve the education of

limited English proficient children, by assisting the children to

learn English and meet challenging State academic content and

student academic achievement standards. In carrying out activities

with such funds, the entity shall use approaches and methodologies

based on scientifically based research on teaching limited English

proficient children and immigrant children and youth for the

following purposes:

(1) Developing and implementing new language instruction

educational programs and academic content instruction programs

for such children, and such children and youth, including

programs of early childhood education, elementary school

programs, and secondary school programs.

(2) Carrying out highly focused, innovative, locally designed

activities to expand or enhance existing language instruction

educational programs and academic content instruction programs

for such children, and such children and youth.

(3) Implementing, within an individual school, schoolwide

programs for restructuring, reforming, and upgrading all relevant

programs, activities, and operations relating to language

instruction educational programs and academic content instruction

for such children, and such children and youth.

(4) Implementing, within the entire jurisdiction of a local

educational agency, agencywide programs for restructuring,

reforming, and upgrading all relevant programs, activities, and

operations relating to language instruction educational programs

and academic content instruction for such children, and such

children and youth.

(b) Administrative expenses

Each eligible entity receiving funds under section 6824(a) of

this title for a fiscal year may use not more than 2 percent of

such funds for the cost of administering this subpart.

An eligible entity receiving funds under section 6824(a) of this

title shall use the funds -

(1) to increase the English proficiency of limited English

proficient children by providing high-quality language

instruction educational programs that are based on scientifically

based research demonstrating the effectiveness of the programs in

increasing -

(A) English proficiency; and

(B) student academic achievement in the core academic

subjects; and

(2) to provide high-quality professional development to

classroom teachers (including teachers in classroom settings that

are not the settings of language instruction educational

programs), principals, administrators, and other school or

community-based organizational personnel, that is -

(A) designed to improve the instruction and assessment of

limited English proficient children;

(B) designed to enhance the ability of such teachers to

understand and use curricula, assessment measures, and

instruction strategies for limited English proficient children;

effectiveness of the professional development in increasing

children's English proficiency or substantially increasing the

subject matter knowledge, teaching knowledge, and teaching

skills of such teachers; and

(D) of sufficient intensity and duration (which shall not

include activities such as one-day or short-term workshops and

conferences) to have a positive and lasting impact on the

teachers' performance in the classroom, except that this

subparagraph shall not apply to an activity that is one

component of a long-term, comprehensive professional

development plan established by a teacher and the teacher's

supervisor based on an assessment of the needs of the teacher,

the supervisor, the students of the teacher, and any local

educational agency employing the teacher.

(d) Authorized subgrantee activities

Subject to subsection (c) of this section, an eligible entity

receiving funds under section 6824(a) of this title may use the

funds to achieve one of the purposes described in subsection (a) of

this section by undertaking one or more of the following

activities:

(1) Upgrading program objectives and effective instruction

strategies.

(2) Improving the instruction program for limited English

proficient children by identifying, acquiring, and upgrading

curricula, instruction materials, educational software, and

assessment procedures.

(3) Providing -

(A) tutorials and academic or vocational education for

limited English proficient children; and

(B) intensified instruction.

(4) Developing and implementing elementary school or secondary

school language instruction educational programs that are

coordinated with other relevant programs and services.

(5) Improving the English proficiency and academic achievement

of limited English proficient children.

(6) Providing community participation programs, family literacy

services, and parent outreach and training activities to limited

English proficient children and their families -

(A) to improve the English language skills of limited English

proficient children; and

(B) to assist parents in helping their children to improve

their academic achievement and becoming active participants in

the education of their children.

(7) Improving the instruction of limited English proficient

children by providing for -

(A) the acquisition or development of educational technology

or instructional materials;

(B) access to, and participation in, electronic networks for

materials, training, and communication; and

(A) and (B) into curricula and programs, such as those funded

under this subpart.

(8) Carrying out other activities that are consistent with the

purposes of this section.

(e) Activities by agencies experiencing substantial increases in

immigrant children and youth

(1) In general

An eligible entity receiving funds under section 6824(d)(1) of

this title shall use the funds to pay for activities that provide

enhanced instructional opportunities for immigrant children and

youth, which may include -

(A) family literacy, parent outreach, and training activities

designed to assist parents to become active participants in the

education of their children;

(B) support for personnel, including teacher aides who have

been specifically trained, or are being trained, to provide

services to immigrant children and youth;

counseling for immigrant children and youth;

(D) identification and acquisition of curricular materials,

educational software, and technologies to be used in the

program carried out with funds;

(E) basic instruction services that are directly attributable

to the presence in the school district involved of immigrant

children and youth, including the payment of costs of providing

additional classroom supplies, costs of transportation, or such

other costs as are directly attributable to such additional

basic instruction services;

(F) other instruction services that are designed to assist

immigrant children and youth to achieve in elementary schools

and secondary schools in the United States, such as programs of

introduction to the educational system and civics education;

and

(G) activities, coordinated with community-based

organizations, institutions of higher education, private sector

entities, or other entities with expertise in working with

immigrants, to assist parents of immigrant children and youth

by offering comprehensive community services.

(2) Duration of subgrants

The duration of a subgrant made by a State educational agency

under section 6824(d)(1) of this title shall be determined by the

agency in its discretion.

(f) Selection of method of instruction

(1) In general

To receive a subgrant from a State educational agency under

this subpart, an eligible entity shall select one or more methods

or forms of instruction to be used in the programs and activities

undertaken by the entity to assist limited English proficient

children to attain English proficiency and meet challenging State

academic content and student academic achievement standards.

(2) Consistency

Such selection shall be consistent with sections 6845 through

6847 of this title.

(g) Supplement, not supplant

Federal funds made available under this subpart shall be used so

as to supplement the level of Federal, State, and local public

funds that, in the absence of such availability, would have been

expended for programs for limited English proficient children and

immigrant children and youth and in no case to supplant such

Federal, State, and local public funds.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3115, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1697.)

-MISC1-

PRIOR PROVISIONS

A prior section 3115 of Pub. L. 89-10 was classified to section

6815 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6821 of this title.

-CITE-

20 USC Sec. 6826 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 1 - grants and subgrants for english language acquisition

and language enhancement

-HEAD-

Sec. 6826. Local plans

-STATUTE-

(a) Plan required

Each eligible entity desiring a subgrant from the State

educational agency under section 6824 of this title shall submit a

plan to the State educational agency at such time, in such manner,

and containing such information as the State educational agency may

require.

(b) Contents

Each plan submitted under subsection (a) of this section shall -

(1) describe the programs and activities proposed to be

developed, implemented, and administered under the subgrant;

(2) describe how the eligible entity will use the subgrant

funds to meet all annual measurable achievement objectives

described in section 6842 of this title;

(3) describe how the eligible entity will hold elementary

schools and secondary schools receiving funds under this subpart

accountable for -

(A) meeting the annual measurable achievement objectives

described in section 6842 of this title;

(B) making adequate yearly progress for limited English

proficient children, as described in section 6311(b)(2)(B) of

this title; and

English proficient children, so that such children served by

the programs carried out under this part develop proficiency in

English while meeting State academic content and student

academic achievement standards as required by section

6311(b)(1) of this title;

(4) describe how the eligible entity will promote parental and

community participation in programs for limited English

proficient children;

(5) contain an assurance that the eligible entity consulted

with teachers, researchers, school administrators, and parents,

and, if appropriate, with education-related community groups and

nonprofit organizations, and institutions of higher education, in

developing such plan; and

(6) describe how language instruction educational programs

carried out under the subgrant will ensure that limited English

proficient children being served by the programs develop English

proficiency.

Each eligible entity receiving a subgrant under section 6824 of

this title shall include in its plan a certification that all

teachers in any language instruction educational program for

limited English proficient children that is, or will be, funded

under this part are fluent in English and any other language used

for instruction, including having written and oral communications

skills.

(d) Other requirements for approval

Each local plan shall also contain assurances that -

(1) each local educational agency that is included in the

eligible entity is complying with section 7012 of this title

prior to, and throughout, each school year;

(2) the eligible entity annually will assess the English

proficiency of all children with limited English proficiency

participating in programs funded under this part;

(3) the eligible entity has based its proposed plan on

scientifically based research on teaching limited English

proficient children;

(4) the eligible entity will ensure that the programs will

enable children to speak, read, write, and comprehend the English

language and meet challenging State academic content and student

academic achievement standards; and

(5) the eligible entity is not in violation of any State law,

including State constitutional law, regarding the education of

limited English proficient children, consistent with sections

6846 and 6847 of this title.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3116, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1700.)

-MISC1-

PRIOR PROVISIONS

Prior sections 6831 to 6833 were omitted in the general amendment

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

Section 6831, Pub. L. 89-10, title III, Sec. 3121, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3641,

related to national long-range technology plan. See section 6772

of this title.

Section 6832, Pub. L. 89-10, title III, Sec. 3122, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3642,

related to Federal leadership in promoting the use of technology in

education.

Section 6833, Pub. L. 89-10, title III, Sec. 3123, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3644,

related to study, evaluation and report of funding alternatives.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6824 of this title.

-CITE-

20 USC subpart 2 - accountability and administration 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 2 - accountability and administration

-HEAD-

subpart 2 - accountability and administration

-CITE-

20 USC Sec. 6841 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 2 - accountability and administration

-HEAD-

Sec. 6841. Evaluations

-STATUTE-

(a) In general

Each eligible entity that receives a subgrant from a State

educational agency under subpart 1 of this part shall provide such

agency, at the conclusion of every second fiscal year during which

the subgrant is received, with an evaluation, in a form prescribed

by the agency, that includes -

(1) a description of the programs and activities conducted by

the entity with funds received under subpart 1 of this part

during the two immediately preceding fiscal years;

(2) a description of the progress made by children in learning

the English language and meeting challenging State academic

content and student academic achievement standards;

(3) the number and percentage of children in the programs and

activities attaining English proficiency by the end of each

school year, as determined by a valid and reliable assessment of

English proficiency; and

(4) a description of the progress made by children in meeting

challenging State academic content and student academic

achievement standards for each of the 2 years after such children

are no longer receiving services under this part.

(b) Use of evaluation

An evaluation provided by an eligible entity under subsection (a)

of this section shall be used by the entity and the State

educational agency -

(1) for improvement of programs and activities;

(2) to determine the effectiveness of programs and activities

in assisting children who are limited English proficient to

attain English proficiency (as measured consistent with

subsection (d) of this section) and meet challenging State

academic content and student academic achievement standards; and

(3) in determining whether or not to continue funding for

specific programs or activities.

An evaluation provided by an eligible entity under subsection (a)

of this section shall -

(1) provide an evaluation of children enrolled in a program or

activity conducted by the entity using funds under subpart 1 of

this part (including the percentage of children) who -

(A) are making progress in attaining English proficiency,

including the percentage of children who have achieved English

proficiency;

(B) have transitioned into classrooms not tailored to limited

English proficient children, and have a sufficient level of

English proficiency to permit them to achieve in English and

transition into classrooms not tailored to limited English

proficient children;

and student academic achievement standards as all children are

expected to meet; and

(D) are not receiving waivers for the reading or language

arts assessments under section 6311(b)(3)(C) of this title; and

(2) include such other information as the State educational

agency may require.

(d) Evaluation measures

A State shall approve evaluation measures for use under

subsection (c) of this section that are designed to assess -

(1) the progress of children in attaining English proficiency,

including a child's level of comprehension, speaking, listening,

reading, and writing skills in English;

(2) student attainment of challenging State student academic

achievement standards on assessments described in section

6311(b)(3) of this title; and

(3) progress in meeting the annual measurable achievement

objectives described in section 6842 of this title.

(e) Special rule for specially qualified agencies

Each specially qualified agency receiving a grant under this part

shall provide the evaluations described in subsection (a) of this

section to the Secretary subject to the same requirements as apply

to eligible entities providing such evaluations to State

educational agencies under such subsection.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3121, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1701.)

-MISC1-

PRIOR PROVISIONS

A prior section 6841, Pub. L. 89-10, title III, Sec. 3131, as

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

3644, related to allotment and reallotment of funds, prior to the

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

section 6761 of this title.

A prior section 3121 of Pub. L. 89-10 was classified to section

6831 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 6843, 7325a of this

title.

-CITE-

20 USC Sec. 6842 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 2 - accountability and administration

-HEAD-

Sec. 6842. Achievement objectives and accountability

-STATUTE-

(a) Achievement objectives

(1) In general

Each State educational agency or specially qualified agency

receiving a grant under subpart 1 of this part shall develop

annual measurable achievement objectives for limited English

proficient children served under this part that relate to such

children's development and attainment of English proficiency

while meeting challenging State academic content and student

academic achievement standards as required by section 6311(b)(1)

of this title.

(2) Development of objectives

Such annual measurable achievement objectives shall be

developed in a manner that -

(A) reflects the amount of time an individual child has been

enrolled in a language instruction educational program; and

(B) uses consistent methods and measurements to reflect the

increases described in subparagraphs (A)(i), (A)(ii), and (B)

of paragraph (3).

(3) Contents

Such annual measurable achievement objectives -

(A) shall include -

(i) at a minimum, annual increases in the number or

percentage of children making progress in learning English;

(ii) at a minimum, annual increases in the number or

percentage of children attaining English proficiency by the

end of each school year, as determined by a valid and

reliable assessment of English proficiency consistent with

section 6311(b)(7) of this title; and

(iii) making adequate yearly progress for limited English

proficient children as described in section 6311(b)(2)(B) of

this title; and

(B) at the discretion of the agency, may include the number

or percentage of children not receiving waivers for reading or

language arts assessments under section 6311(b)(3)(C) of this

title, but this achievement objective shall not be applied to

an eligible entity that, in a given school year -

(i) has experienced a large increase in limited English

proficient children or immigrant children and youth;

(ii) enrolls a statistically significant number of

immigrant children and youth from countries where such

children and youth had little or no access to formal

education; or

(iii) has a statistically significant number of immigrant

children and youth who have fled from war or natural

disaster.

(b) Accountability

(1) For States

Each State educational agency receiving a grant under subpart 1

of this part shall hold eligible entities receiving a subgrant

under such subpart accountable for meeting the annual measurable

achievement objectives under subsection (a) of this section,

including making adequate yearly progress for limited English

proficient children.

(2) Improvement plan

If a State educational agency determines, based on the annual

measurable achievement objectives described in subsection (a) of

this section, that an eligible entity has failed to make progress

toward meeting such objectives for 2 consecutive years, the

agency shall require the entity to develop an improvement plan

that will ensure that the entity meets such objectives. The

improvement plan shall specifically address the factors that

prevented the entity from achieving such objectives.

(3) Technical assistance

During the development of the improvement plan described in

paragraph (2), and throughout its implementation, the State

educational agency shall -

(A) provide technical assistance to the eligible entity;

(B) provide technical assistance, if applicable, to schools

served by such entity under subpart 1 of this part that need

assistance to enable the schools to meet the annual measurable

achievement objectives described in subsection (a) of this

section;

development strategies and activities, based on scientifically

based research, that the agency will use to meet such

objectives;

(D) require such entity to utilize such strategies and

activities; and

(E) develop, in consultation with the entity, a plan to

incorporate strategies and methodologies, based on

scientifically based research, to improve the specific program

or method of instruction provided to limited English proficient

children.

(4) Accountability

If a State educational agency determines that an eligible

entity has failed to meet the annual measurable achievement

objectives described in subsection (a) of this section for 4

consecutive years, the agency shall -

(A) require such entity to modify the entity's curriculum,

program, and method of instruction; or

(B)(i) make a determination whether the entity shall continue

to receive funds related to the entity's failure to meet such

objectives; and

(ii) require such entity to replace educational personnel

relevant to the entity's failure to meet such objectives.

The Secretary shall hold specially qualified agencies receiving a

grant under this subpart accountable for meeting the annual

measurable achievement objectives described in subsection (a) of

this section in the same manner as State educational agencies hold

eligible entities accountable under subsection (b) of this section.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3122, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1702.)

-MISC1-

PRIOR PROVISIONS

A prior section 6842, Pub. L. 89-10, title III, Sec. 3132, as

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

3645, related to school technology resource grants, prior to the

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

A prior section 3122 of Pub. L. 89-10 was classified to section

6832 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, 6821, 6823, 6826,

6841, 7012, 7325, 7325b of this title.

-CITE-

20 USC Sec. 6843 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 2 - accountability and administration

-HEAD-

Sec. 6843. Reporting requirements

-STATUTE-

(a) States

Based upon the evaluations provided to a State educational agency

under section 6841 of this title, each such agency that receives a

grant under this part shall prepare and submit every second year to

the Secretary a report on programs and activities carried out by

the State educational agency under this part and the effectiveness

of such programs and activities in improving the education provided

to children who are limited English proficient.

(b) Secretary

Every second year, the Secretary shall prepare and submit to the

Committee on Education and the Workforce of the House of

Representatives and the Committee on Health, Education, Labor, and

Pensions of the Senate a report -

(1) on programs and activities carried out to serve limited

English proficient children under this part, and the

effectiveness of such programs and activities in improving the

academic achievement and English proficiency of children who are

limited English proficient;

(2) on the types of language instruction educational programs

used by local educational agencies or eligible entities receiving

funding under this part to teach limited English proficient

children;

(3) containing a critical synthesis of data reported by

eligible entities to States under section 6841(a) of this title;

(4) containing a description of technical assistance and other

assistance provided by State educational agencies under section

6821(b)(2)(C) of this title;

(5) containing an estimate of the number of certified or

licensed teachers working in language instruction educational

programs and educating limited English proficient children, and

an estimate of the number of such teachers that will be needed

for the succeeding 5 fiscal years;

(6) containing the major findings of scientifically based

research carried out under this part;

(7) containing the number of programs or activities, if any,

that were terminated because the entities carrying out the

programs or activities were not able to reach program goals;

(8) containing the number of limited English proficient

children served by eligible entities receiving funding under this

part who were transitioned out of language instruction

educational programs funded under this part into classrooms where

instruction is not tailored for limited English proficient

children; and

(9) containing other information gathered from the evaluations

from specially qualified agencies and other reports submitted to

the Secretary under this subchapter when applicable.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3123, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1704.)

-MISC1-

PRIOR PROVISIONS

A prior section 6843, Pub. L. 89-10, title III, Sec. 3133, as

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

3646, related to State applications for technology education

assistance, prior to the general amendment of this subchapter by

Pub. L. 107-110. See section 6763 of this title.

A prior section 3123 of Pub. L. 89-10 was classified to section

6833 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 6844 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 2 - accountability and administration

-HEAD-

Sec. 6844. Coordination with related programs

-STATUTE-

In order to maximize Federal efforts aimed at serving the

educational needs of children of limited English proficiency, the

Secretary shall coordinate and ensure close cooperation with other

entities carrying out programs serving language-minority and

limited English proficient children that are administered by the

Department and other agencies.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3124, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1705.)

-MISC1-

PRIOR PROVISIONS

A prior section 6844, Pub. L. 89-10, title III, Sec. 3134, as

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

3646, related to local uses of funds, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 6766

of this title.

-CITE-

20 USC Sec. 6845 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 2 - accountability and administration

-HEAD-

Sec. 6845. Rules of construction

-STATUTE-

Nothing in this part shall be construed -

(1) to prohibit a local educational agency from serving limited

English proficient children simultaneously with children with

similar educational needs, in the same educational settings where

appropriate;

(2) to require a State or a local educational agency to

establish, continue, or eliminate any particular type of

instructional program for limited English proficient children; or

(3) to limit the preservation or use of Native American

languages.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3125, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1705.)

-MISC1-

PRIOR PROVISIONS

A prior section 6845, Pub. L. 89-10, title III, Sec. 3135, as

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

3647, related to local applications for technology education

assistance, prior to the general amendment of this subchapter by

Pub. L. 107-110. See section 6764 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6825 of this title.

-CITE-

20 USC Sec. 6846 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 2 - accountability and administration

-HEAD-

Sec. 6846. Legal authority under State law

-STATUTE-

Nothing in this part shall be construed to negate or supersede

State law, or the legal authority under State law of any State

agency, State entity, or State public official, over programs that

are under the jurisdiction of the State agency, entity, or

official.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3126, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1705.)

-MISC1-

PRIOR PROVISIONS

A prior section 6846, Pub. L. 89-10, title III, Sec. 3136, as

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

3648, related to national challenge grants for technology in

education, prior to the general amendment of this subchapter by

Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6825, 6826 of this title.

-CITE-

20 USC Sec. 6847 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 2 - accountability and administration

-HEAD-

Sec. 6847. Civil rights

-STATUTE-

Nothing in this part shall be construed in a manner inconsistent

with any Federal law guaranteeing a civil right.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3127, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1705.)

-MISC1-

PRIOR PROVISIONS

A prior section 6847, Pub. L. 89-10, title III, Sec. 3137, as

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

3649, related to Federal administration of 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 6825, 6826 of this title.

-CITE-

20 USC Sec. 6848 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 2 - accountability and administration

-HEAD-

Sec. 6848. Programs for Native Americans and Puerto Rico

-STATUTE-

Notwithstanding any other provision of this part, programs

authorized under this part that serve Native American (including

Native American Pacific Islander) children and children in the

Commonwealth of Puerto Rico may include programs of instruction,

teacher training, curriculum development, evaluation, and

assessment designed for Native American children learning and

studying Native American languages and children of limited Spanish

proficiency, except that an outcome of programs serving such

children shall be increased English proficiency among such

children.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3128, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1705.)

-CITE-

20 USC Sec. 6849 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 2 - accountability and administration

-HEAD-

Sec. 6849. Prohibition

-STATUTE-

In carrying out this part, the Secretary shall neither mandate

nor preclude the use of a particular curricular or pedagogical

approach to educating limited English proficient children.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3129, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1706.)

-CITE-

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

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 3 - national activities

-HEAD-

subpart 3 - national activities

-CITE-

20 USC Sec. 6861 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 3 - national activities

-HEAD-

Sec. 6861. National professional development project

-STATUTE-

The Secretary shall use funds made available under section

6821(c)(1)(C) of this title to award grants on a competitive basis,

for a period of not more than 5 years, to institutions of higher

education (in consortia with State educational agencies or local

educational agencies) to provide for professional development

activities that will improve classroom instruction for limited

English proficient children and assist educational personnel

working with such children to meet high professional standards,

including standards for certification and licensure as teachers who

work in language instruction educational programs or serve limited

English proficient children. Grants awarded under this subsection

may be used -

(1) for preservice professional development programs that will

assist local schools and institutions of higher education to

upgrade the qualifications and skills of educational personnel

who are not certified or licensed, especially educational

paraprofessionals;

(2) for the development of curricula appropriate to the needs

of the consortia participants involved; and

(3) in conjunction with other Federal need-based student

financial assistance programs, for financial assistance, and

costs related to tuition, fees, and books for enrolling in

courses required to complete the degree involved, to meet

certification or licensing requirements for teachers who work in

language instruction educational programs or serve limited

English proficient children.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3131, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1706.)

-MISC1-

PRIOR PROVISIONS

A prior section 6861, Pub. L. 89-10, title III, Sec. 3141, as

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

3649, related to regional technical support and professional

development, prior to the general amendment of this subchapter by

Pub. L. 107-110.

A prior section 3131 of Pub. L. 89-10 was classified to section

6841 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6821 of this title.

-CITE-

20 USC subpart 4 - definitions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 4 - definitions

-HEAD-

subpart 4 - definitions

-CITE-

20 USC Sec. 6871 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part A - English Language Acquisition, Language Enhancement, and

Academic Achievement Act

subpart 4 - definitions

-HEAD-

Sec. 6871. Eligible entity

-STATUTE-

In this part, the term ''eligible entity'' means -

(1) one or more local educational agencies; or

(2) one or more local educational agencies, in collaboration

with an institution of higher education, community-based

organization, or State educational agency.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3141, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1706.)

-MISC1-

PRIOR PROVISIONS

A prior section 6871, Pub. L. 89-10, title III, Sec. 3151, as

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

3652, related to educational technology product development, prior

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

A prior section 3141 of Pub. L. 89-10 was classified to section

6861 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7011 of this title.

-CITE-

20 USC Part B - Improving Language Instruction

Educational Programs 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

-HEAD-

Part B - Improving Language Instruction Educational Programs

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 6394, 6396, 6801 of this

title.

-CITE-

20 USC Sec. 6891 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

-HEAD-

Sec. 6891. Short title

-STATUTE-

This part may be cited as the ''Improving Language Instruction

Educational Programs For Academic Achievement Act''.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3201, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1706.)

-MISC1-

PRIOR PROVISIONS

A prior section 6891, Pub. L. 89-10, title III, Sec. 3201, as

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

3654, set out short title of the Star Schools Act, prior to the

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

section 7255 of this title.

-CITE-

20 USC Sec. 6892 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

-HEAD-

Sec. 6892. Purpose

-STATUTE-

The purpose of this part is to help ensure that limited English

proficient children master English and meet the same rigorous

standards for academic achievement as all children are expected to

meet, including meeting challenging State academic content and

student academic achievement standards by -

(1) promoting systemic improvement and reform of, and

developing accountability systems for, educational programs

serving limited English proficient children;

(2) developing language skills and multicultural understanding;

(3) developing the English proficiency of limited English

proficient children and, to the extent possible, the native

language skills of such children;

(4) providing similar assistance to Native Americans with

certain modifications relative to the unique status of Native

American languages under Federal law;

(5) developing data collection and dissemination, research,

materials, and technical assistance that are focused on school

improvement for limited English proficient children; and

(6) developing programs that strengthen and improve the

professional training of educational personnel who work with

limited English proficient children.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3202, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1707.)

-MISC1-

PRIOR PROVISIONS

A prior section 6892, Pub. L. 89-10, title III, Sec. 3202, as

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

3654, set forth findings relating to the Star Schools Program,

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

107-110.

-CITE-

20 USC Sec. 6893 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

-HEAD-

Sec. 6893. Native American children in school

-STATUTE-

(a) Eligible entities

For the purpose of carrying out programs under this part for

individuals served by elementary schools, secondary schools, and

postsecondary schools operated predominately for Native American

(including Alaska Native) children and youth, an Indian tribe, a

tribally sanctioned educational authority, a Native Hawaiian or

Native American Pacific Islander native language education

organization, or an elementary school or secondary school that is

operated or funded by the Bureau of Indian Affairs shall be

considered to be a local educational agency.

(b) Application

Notwithstanding any other provision of this part, each tribe,

authority, organization, or school described in subsection (a) of

this section shall submit any application for assistance under this

part directly to the Secretary along with timely comments on the

need for the program proposed in the application.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3203, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1707.)

-MISC1-

PRIOR PROVISIONS

A prior section 6893, Pub. L. 89-10, title III, Sec. 3203, as

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

3655, set forth purpose of the Star Schools Program, prior to the

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

section 7255a of this title.

-CITE-

20 USC Sec. 6894 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

-HEAD-

Sec. 6894. Residents of the territories and freely associated

states

-STATUTE-

For the purpose of carrying out programs under this part in the

outlying areas, the term ''local educational agency'' includes

public institutions or agencies whose mission is the preservation

and maintenance of native languages.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3204, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1707.)

-MISC1-

PRIOR PROVISIONS

A prior section 6894, Pub. L. 89-10, title III, Sec. 3204, as

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

3655, authorized grants, prior to the general amendment of this

subchapter by Pub. L. 107-110. See section 7255b of this title.

Prior sections 6895 to 6900 were omitted in the general amendment

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

Section 6895, Pub. L. 89-10, title III, Sec. 3205, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3656,

related to eligible entities.

Section 6896, Pub. L. 89-10, title III, Sec. 3206, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3657,

related to applications for grants. See section 7255c of this

title.

Section 6897, Pub. L. 89-10, title III, Sec. 3207, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3660,

related to leadership and evaluation activities.

Section 6898, Pub. L. 89-10, title III, Sec. 3208, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3661,

defined terms. See section 7255f of this title.

Section 6899, Pub. L. 89-10, title III, Sec. 3209, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3661, set

forth administrative provisions. See section 7255e of this title.

Section 6900, Pub. L. 89-10, title III, Sec. 3210, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3661,

related to other assistance. See section 7255d of this title.

-CITE-

20 USC subpart 1 - program development and enhancement 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 1 - program development and enhancement

-HEAD-

subpart 1 - program development and enhancement

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 6821, 6932, 6934, 6935 of

this title.

-CITE-

20 USC Sec. 6911 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 1 - program development and enhancement

-HEAD-

Sec. 6911. Financial assistance for language instruction

educational programs

-STATUTE-

The purpose of this subpart is to assist local educational

agencies, institutions of higher education, and community-based

organizations, through the grants authorized under sections 6912

and 6913 of this title -

(1) to develop and enhance their capacity to provide

high-quality instruction through language instruction educational

programs or special alternative instruction programs to limited

English proficient children; and

(2) to help such children -

(A) develop English proficiency and, to the extent possible,

proficiency in their native language; and

(B) meet the same challenging State academic content and

student academic achievement standards as all children are

expected to meet under section 6311(b)(1) of this title.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3211, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1707.)

-CITE-

20 USC Sec. 6912 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 1 - program development and enhancement

-HEAD-

Sec. 6912. Program enhancement activities

-STATUTE-

(a) Program authorized

(1) Authority

(A) In general

The Secretary is authorized to award grants to eligible

entities having applications approved under section 6914 of

this title to enable such entities to provide innovative,

locally designed, high-quality instruction to limited English

proficient children, by expanding, developing, or strengthening

language instruction educational programs or special

alternative instruction programs.

(B) Period

Each grant awarded under this section shall be awarded for a

period of 3 years.

(2) Authorized activities

(A) Mandatory activities

Grants awarded under this section shall be used for -

(i) developing, implementing, expanding, or enhancing

comprehensive preschool, elementary, or secondary education

programs for limited English proficient children, that are -

(I) aligned with State and local academic content and

student academic achievement standards, and local school

reform efforts; and

(II) coordinated with related academic services for

children;

(ii) providing high-quality professional development to

classroom teachers, administrators, and other school or

community-based organization personnel to improve the

instruction and assessment of limited English proficient

children; and

(iii) annually assessing the English proficiency of all

limited English proficient children served by activities

carried out under this section.

(B) Permissible activities

Grants awarded under this section may be used for -

(i) implementing programs to upgrade the reading and other

academic skills of limited English proficient children;

(ii) developing accountability systems to monitor the

academic progress of limited English proficient and formerly

limited English proficient children;

(iii) implementing family education programs and parent

outreach and training activities designed to assist parents

to become active participants in the education of their

children;

(iv) improving the instruction programs for limited English

proficient children by identifying, acquiring, and applying

effective curricula, instruction materials (including

materials provided through technology), and assessments that

are all aligned with State and local standards;

(v) providing intensified instruction, including tutorials

and academic, or vocational and technical, training, for

limited English proficient children;

(vi) adapting best practice models for meeting the needs of

limited English proficient children;

(vii) assisting limited English proficient children with

disabilities;

(viii) implementing applied learning activities such as

service learning to enhance and support comprehensive

elementary and secondary language instruction educational

programs;

(ix) acquiring or developing education technology or

instruction materials for limited English proficient

children, including materials in languages other than

English;

(x) participating in electronic networks for materials,

training, and communication, and incorporating information

derived from such participation in curricula and programs;

and

(xi) carrying out such other activities related to the

purpose of this part as the Secretary may approve.

(b) Priority

In awarding grants under this section, the Secretary may give

priority to an entity that -

(1) serves a school district -

(A) that has a total district enrollment that is less than

10,000 students; or

(B) with a large percentage or number of limited English

proficient children; and

(2) has limited or no experience in serving limited English

proficient children.

In this section, the term ''eligible entity'' means -

(1) one or more local educational agencies;

(2) one or more local educational agencies in collaboration

with an institution of higher education, community-based

organization, or State educational agency; or

(3) a community-based organization or an institution of higher

education that has an application approved by the local

educational agency to participate in programs carried out under

this subpart by enhancing early childhood education or family

education programs or conducting instruction programs that

supplement the educational services provided by a local

educational agency.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3212, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1708.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6911, 6914 of this title.

-CITE-

20 USC Sec. 6913 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 1 - program development and enhancement

-HEAD-

Sec. 6913. Comprehensive school and systemwide improvement

activities

-STATUTE-

(a) Program authorized

(1) Authority

The Secretary is authorized to award grants to eligible

entities having applications approved under section 6914 of this

title to enable such entities to develop and implement language

instruction educational programs, and improve, reform, or upgrade

programs or operations that serve significant percentages or

numbers of limited English proficient children.

(2) Mandatory activities

Grants awarded under this section shall be used for -

(A) improving instruction programs for limited English

proficient children by acquiring and upgrading curricula and

related instruction materials;

(B) aligning the activities carried out under this section

with State and local school reform efforts;

standards, to school personnel and participating

community-based organization personnel to improve the

instruction and assessment of limited English proficient

children;

(D) developing and implementing plans, coordinated with plans

for programs carried out under title II of the Higher Education

Act of 1965 (20 U.S.C. 1021 et seq.) (where applicable), and

subchapter II of this chapter (where applicable), to recruit

teachers trained to serve limited English proficient children;

(E) implementing culturally and linguistically appropriate

family education programs, or parent outreach and training

activities, that are designed to assist parents of limited

English proficient children to become active participants in

the education of their children;

(F) coordinating the activities carried out under this

section with other programs, such as programs carried out under

this subchapter;

(G) providing services to meet the full range of the

educational needs of limited English proficient children;

(H) annually assessing the English proficiency of all limited

English proficient children served by the activities carried

out under this section; and

(I) developing or improving accountability systems to monitor

the academic progress of limited English proficient children.

(3) Permissible activities

Grants awarded under this section may be used for -

(A) implementing programs to upgrade reading and other

academic skills of limited English proficient children;

(B) developing and using educational technology to improve

learning, assessments, and accountability to meet the needs of

limited English proficient children;

meet the needs of limited English proficient children;

(D) providing tutorials and academic, or vocational and

technical, training for limited English proficient children;

(E) developing and implementing State and local academic

content and student academic achievement standards for learning

English as a second language, as well as for learning other

languages;

(F) developing and implementing programs for limited English

proficient children to meet the needs of changing populations

of such children;

(G) implementing policies to ensure that limited English

proficient children have access to other education programs

(other than programs designed to address limited English

proficiency);

(H) assisting limited English proficient children with

disabilities;

(I) developing and implementing programs to help children

become proficient in English and other languages;

(J) acquiring or developing education technology or

instruction materials for limited English proficient children,

including materials in languages other than English;

(K) participating in electronic networks for materials,

training, and communication and incorporating information

derived from such participation in curricula and programs; and

(L) carrying out such other activities related to the purpose

of this part as the Secretary may approve.

(4) Special rule

(A) Planning

A recipient of a grant under this section, before carrying

out activities under this section, shall plan, train personnel,

develop curricula, and acquire or develop materials, but shall

not use funds made available under this section for planning

purposes for more than 45 days.

(B) Commencement of activities

The recipient shall commence carrying out activities under

this section not later than the later of -

(i) the beginning of the first school year that begins

after the grant is received; or

(ii) 30 days after the date of receipt of the grant.

(b) Availability of appropriations

(1) Reservation of funds for continued payments

(A) Covered grant

In this paragraph, the term ''covered grant'' means a grant -

(i) that was awarded under sections 7112, 7113, 7114, or

7115 (as such sections were in effect on the day before

January 8, 2002); and

(ii) for which the grant period has not ended.

(B) Reservation

For any fiscal year that is part of the grant period of a

covered grant, the Secretary shall reserve funds for the

payments described in subparagraph (C) from the amount

appropriated for the fiscal year under section 6801(a) of this

title and made available for carrying out this section.

The Secretary shall continue to make grant payments to each

entity that received a covered grant, in accordance with the

terms of that grant, for the duration of the grant period of

the grant, to carry out activities in accordance with the

appropriate section described in subparagraph (A)(i).

(2) Availability

Of the amount appropriated for a fiscal year under section

6801(a) of this title that is made available to carry out this

section, and that remains after the Secretary reserves funds for

payments under paragraph (1) -

(A) not less than one-third of the remainder shall be used to

award grants to eligible entities for activities carried out

within an entire school district; and

(B) not less than two-thirds of the remainder shall be used

to award grants to eligible entities for activities carried out

within individual schools.

In awarding grants under this section, the Secretary shall give

priority to an applicant that -

(1) experiences a significant increase in the number or

percentage of limited English proficient children enrolled in the

applicant's programs and has limited or no experience in serving

limited English proficient children;

(2) is a local educational agency that serves a school district

that has a total district enrollment that is less than 10,000

students;

(3) demonstrates that the applicant has a proven track record

of success in helping limited English proficient children learn

English and meet high academic standards; or

(4) serves a school district with a large number or percentage

of limited English proficient children.

(d) Eligible entities

In this section, the term ''eligible entity'' means -

(1) one or more local educational agencies; or

(2) one or more local educational agencies, in collaboration

with an institution of higher education, community-based

organization, or State educational agency.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3213, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1709.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsec.

(a)(2)(D), 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.

Sections 7112, 7113, 7114, and 7115 (as such sections were in

effect on the day before January 8, 2002), referred to in subsec.

(b)(1)(A)(i), means sections 7112, 7113, 7114, and 7115 of Pub. L.

89-10, as added by Pub. L. 103-382, title I, Sec. 101, Oct. 20,

1994, 108 Stat. 3719-3722, which were classified to sections 7422,

7423, 7424, and 7425 of this title, respectively, prior to the

general amendment of title VII of this chapter by Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1907.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6911, 6914 of this title.

-CITE-

20 USC Sec. 6914 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 1 - program development and enhancement

-HEAD-

Sec. 6914. Applications

-STATUTE-

(a) In general

(1) Secretary

To receive a grant under this subpart, an eligible entity

described in section 6912 or 6913 of this title shall submit an

application to the Secretary at such time, in such form, and

containing such information as the Secretary may require.

(2) State educational agency

The eligible entity, with the exception of schools funded by

the Bureau of Indian Affairs, shall submit a copy of the

application submitted by the entity under this section to the

State educational agency.

(b) State review and comments

(1) Deadline

The State educational agency, not later than 45 days after

receipt of an application under this section, shall review the

application and submit the written comments of the agency

regarding the application to the Secretary.

(2) Comments

(A) Submission of comments

Regarding applications submitted under this subpart, the

State educational agency shall -

(i) submit to the Secretary written comments regarding all

such applications; and

(ii) submit to each eligible entity the comments that

pertain to such entity.

(B) Subject

For purposes of this subpart, such comments shall address -

(i) how the activities to be carried out under the grant

will further the academic achievement and English proficiency

of limited English proficient children served under the

grant; and

(ii) how the grant application is consistent with the State

plan required under section 6311 of this title.

An eligible entity may submit to the Secretary comments that

address the comments submitted by the State educational agency.

(d) Comment consideration

In making grants under this subpart, the Secretary shall take

into consideration comments made by State educational agencies.

(e) Waiver

Notwithstanding subsection (b) of this section, the Secretary is

authorized to waive the review requirement specified in subsection

(b) of this section if a State educational agency can demonstrate

that such review requirement may impede such agency's ability to

fulfill the requirements of participation in the program authorized

in section 6934 of this title, particularly such agency's ability

to carry out data collection efforts and such agency's ability to

provide technical assistance to local educational agencies not

receiving funds under this subpart.

(f) Required documentation

Such application shall include documentation that -

(1) the applicant has the qualified personnel required to

develop, administer, and implement the program proposed in the

application; and

(2) the leadership personnel of each school participating in

the program have been involved in the development and planning of

the program in the school.

(g) Contents

(1) In general

An application for a grant under this subpart shall contain the

following:

(A) A description of the need for the proposed program,

including -

(i) data on the number of limited English proficient

children in the school or school district to be served;

(ii) information on the characteristics of the children,

including -

(I) the native languages of the children;

(II) the proficiency of the children in English and their

native language;

(III) achievement data (current as of the date of

submission of the application) for the limited English

proficient children in -

(aa) reading or language arts (in English and in the

native language, if applicable); and

(bb) mathematics;

(IV) a comparison of that data for the children with that

data for the English proficient peers of the children; and

(V) the previous schooling experiences of the children;

(iii) the professional development needs of the instruction

personnel who will provide services for the limited English

proficient children under the proposed program; and

(iv) how the services provided through the grant will

supplement the basic services provided to limited English

proficient children.

(B) A description of the program to be implemented and how

such program's design -

(i) relates to the linguistic and academic needs of the

limited English proficient children to be served;

(ii) will ensure that the services provided through the

program will supplement the basic services the applicant

provides to limited English proficient children;

(iii) will ensure that the program is coordinated with

other programs under this chapter and other Acts;

(iv) involves the parents of the limited English proficient

children to be served;

(v) ensures accountability in achieving high academic

standards; and

(vi) promotes coordination of services for the limited

English proficient children to be served and their families.

collaborative activities with institutions of higher education,

community-based organizations, local educational agencies or

State educational agencies, private schools, nonprofit

organizations, or businesses in carrying out the proposed

program.

(D) An assurance that the applicant will not reduce the level

of State and local funds that the applicant expends for

language instruction educational programs or special

alternative instruction programs if the applicant receives an

award under this subpart.

(E) An assurance that the applicant will employ teachers in

the proposed program who, individually or in combination, are

proficient in -

(i) English, with respect to written, as well as oral,

communication skills; and

(ii) the native language of the majority of the children

who the teachers teach, if instruction in the program is in

the native language as well as English.

(F) A budget for the grant funds.

(2) Additional information

Each application for a grant under section 6913 of this title

shall -

(A) describe -

(i) current services (as of the date of submission of the

application) the applicant provides to limited English

proficient children;

(ii) what services limited English proficient children will

receive under the grant that such children will not otherwise

receive;

(iii) how funds received under this subpart will be

integrated with all other Federal, State, local, and private

resources that may be used to serve limited English

proficient children;

(iv) specific achievement and school retention goals for

the children to be served by the proposed program and how

progress toward achieving such goals will be measured; and

(v) the current family education programs (as of the date

of submission of the application) of the eligible entity, if

applicable; and

(B) provide assurances that -

(i) the program funded with the grant will be integrated

with the overall educational program of the children served

through the proposed program; and

(ii) the application has been developed in consultation

with parents and other representatives of the children to be

served in such program.

(h) Approval of applications

An application for a grant under this subpart may be approved

only if the Secretary determines that -

(1) the program proposed in the application will use qualified

personnel, including personnel who are proficient in the language

or languages used for instruction;

(2) in designing the program, the eligible entity has, after

consultation with appropriate private school officials -

(A) taken into account the needs of children in nonprofit

private elementary schools and secondary schools; and

(B) in a manner consistent with the number of such children

enrolled in such schools in the area to be served, whose

educational needs are of the type and whose language, and grade

levels are of a similar type to the needs, language, and grade

levels that the program is intended to address, provided for

the participation of such children on a basis comparable to the

basis on which public school children participate;

(3)(A) student evaluation and assessment procedures in the

program are valid and reliable for limited English proficient

children; and

(B) limited English proficient children with disabilities will

be identified and served through the program in accordance with

the requirements of the Individuals with Disabilities Education

Act (20 U.S.C. 1400 et seq.);

(4) Federal funds made available for the program will be used

to supplement the State and local funds that, in the absence of

such Federal funds, would be expended for special programs for

children of limited English proficient individuals, and in no

case to supplant such State and local funds, except that nothing

in this paragraph shall be construed to preclude a local

educational agency from using funds made available under this

subpart -

(A) for activities carried out under an order of a Federal or

State court respecting services to be provided to such

children; or

(B) to carry out a plan approved by the Secretary as adequate

under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d

et seq.) with respect to services to be provided to such

children;

(5)(A) the assistance provided through the grant will

contribute toward building the capacity of the eligible entity to

provide a program on a regular basis, similar to the proposed

program, that will be of sufficient size, scope, and quality to

promise significant improvement in the education of limited

English proficient children; and

(B) the eligible entity will have the resources and commitment

to continue the program of sufficient size, scope, and quality

when assistance under this subpart is reduced or no longer

available; and

(6) the eligible entity will use State and national

dissemination sources for program design and dissemination of

results and products.

(i) Consideration

In determining whether to approve an application under this

subpart, the Secretary shall give consideration to -

(1) the degree to which the program for which assistance is

sought involves the collaborative efforts of institutions of

higher education, community-based organizations, the appropriate

local educational agency and State educational agency, or

businesses; and

(2) whether the application provides for training for personnel

participating in, or preparing to participate in, a program that

will assist such personnel in meeting State and local

certification requirements.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3214, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1712.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (h)(3)(B), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84

Stat. 175, as amended, which is classified generally to chapter 33

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

this Act to the Code, see section 1400 of this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (h)(4)(B),

is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title

VI of the Act is classified generally to subchapter V (Sec. 2000d

et seq.) of chapter 21 of Title 42, The Public Health and Welfare.

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

Title note set out under section 2000a of Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6912, 6913, 6917 of this

title.

-CITE-

20 USC Sec. 6915 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 1 - program development and enhancement

-HEAD-

Sec. 6915. Capacity building

-STATUTE-

Each recipient of a grant under this subpart shall use the grant

in ways that will build such recipient's capacity to continue to

offer high-quality language instruction educational programs and

special alternative instruction programs to limited English

proficient children after Federal assistance is reduced or

eliminated.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3215, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1716.)

-CITE-

20 USC Sec. 6916 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 1 - program development and enhancement

-HEAD-

Sec. 6916. Programs for Native Americans and Puerto Rico

-STATUTE-

Notwithstanding any other provision of this part, programs

authorized under this subpart that serve Native American (including

Native American Pacific Islander) children and children in the

Commonwealth of Puerto Rico may include programs of instruction,

teacher training, curriculum development, evaluation, and

assessment designed for Native American children learning and

studying Native American languages and children of limited Spanish

proficiency, except that an outcome of programs serving such

children shall be increased English proficiency among such

children.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3216, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1716.)

-CITE-

20 USC Sec. 6917 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 1 - program development and enhancement

-HEAD-

Sec. 6917. Evaluations

-STATUTE-

(a) Evaluation

Each recipient of funds under this subpart for a program shall

annually conduct an evaluation of the program and submit to the

Secretary a report concerning the evaluation, in the form

prescribed by the Secretary.

(b) Use of evaluation

Such evaluation shall be used by the grant recipient -

(1) for program improvement;

(2) to further define the program's goals and objectives; and

(3) to determine program effectiveness.

In preparing the evaluation reports, the recipient shall -

(1) use the data provided in the application submitted by the

recipient under section 6914 of this title as baseline data

against which to report academic achievement and gains in English

proficiency for children in the program;

(2) disaggregate the results of the evaluation by gender,

native languages spoken by children, socioeconomic status, and

whether the children have disabilities;

(3) include data on the progress of the recipient in achieving

the objectives of the program, including data demonstrating the

extent to which children served by the program are meeting the

challenging State academic content and student academic

achievement standards, and including data comparing limited

English proficient children with English proficient children with

regard to school retention and academic achievement concerning -

(A) reading and language arts;

(B) English proficiency;

(D) the native language of the children, if the program

develops native language proficiency;

(4) include information on the extent that professional

development activities carried out through the program have

resulted in improved classroom practices and improved student

academic achievement;

lude (FOOTNOTE 1) a description of how the activities carried

out through the program are coordinated and integrated with the

other Federal, State, or local programs serving limited English

proficient children; and

(FOOTNOTE 1) So in original. Probably should be ''(5)

include''.

(6) include such other information as the Secretary may

require.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3217, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1716.)

-CITE-

20 USC Sec. 6918 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 1 - program development and enhancement

-HEAD-

Sec. 6918. Construction

-STATUTE-

Nothing in this subpart shall be construed to prohibit a local

educational agency from serving limited English proficient children

simultaneously with children with similar educational needs, in the

same educational settings where appropriate.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3218, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1717.)

-MISC1-

PRIOR PROVISIONS

Prior sections 6921 to 6928, which comprised former part C of

this subchapter, were omitted in the general amendment of this

subchapter by Pub. L. 107-110.

Section 6921, Pub. L. 89-10, title III, Sec. 3301, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3663,

related to Ready-to-Learn television. See section 6775 of this

title.

Section 6922, Pub. L. 89-10, title III, Sec. 3302, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3663,

related to educational programming.

Section 6923, Pub. L. 89-10, title III, Sec. 3303, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3664, set

forth duties of Secretary.

Section 6924, Pub. L. 89-10, title III, Sec. 3304, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3665,

related to applications.

Section 6925, Pub. L. 89-10, title III, Sec. 3305, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3665,

related to reports and evaluation of program activities.

Section 6926, Pub. L. 89-10, title III, Sec. 3306, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3665,

related to administrative costs.

Section 6927, Pub. L. 89-10, title III, Sec. 3307, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3665,

defined ''distance learning''.

Section 6928, Pub. L. 89-10, title III, Sec. 3308, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3666,

authorized appropriations.

-CITE-

20 USC subpart 2 - research, evaluation, and

dissemination 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 2 - research, evaluation, and dissemination

-HEAD-

subpart 2 - research, evaluation, and dissemination

-CITE-

20 USC Sec. 6931 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 2 - research, evaluation, and dissemination

-HEAD-

Sec. 6931. Authority

-STATUTE-

(a) In general

The Secretary is authorized to conduct data collection,

dissemination, research, and ongoing program evaluation activities

in accordance with the provisions of this subpart for the purpose

of improving language instruction educational programs and special

alternative instruction programs for limited English proficient

children.

(b) Competitive awards

Research and program evaluation activities carried out under this

subpart shall be supported through competitive grants, contracts,

and cooperative agreements awarded to institutions of higher

education, nonprofit organizations, State educational agencies, and

local educational agencies.

The Secretary shall conduct data collection, dissemination, and

ongoing program evaluation activities authorized by this subpart

through the Office of English Language Acquisition, Language

Enhancement, and Academic Achievement for Limited English

Proficient Students.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3221, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1717.)

-MISC1-

INFORMATION REGARDING BILINGUAL EDUCATION

Pub. L. 100-297, title VI, Sec. 6213, Apr. 28, 1988, 102 Stat.

429, as amended by Pub. L. 104-66, title I, Sec. 1042(a), Dec. 21,

1995, 109 Stat. 715, provided that: ''The Secretary shall collect

data for program management and accountability purposes regarding -

''(1) a national assessment of the educational needs of

children and other persons with limited English proficiency and

of the extent to which such needs are being met from Federal,

State, and local efforts;

''(2) a plan, including cost estimates, to be carried out

during the 5-year period beginning on such date (sic), for

extending programs of bilingual education and bilingual

vocational and adult education programs to all such preschool and

elementary schoolchildren and other persons of limited English

proficiency, including a phased plan for the training of the

necessary teachers and other education personnel necessary for

such purpose;

''(3) a statement of the activities intended to be carried out

during the succeeding period, including an estimate of the cost

of such activities; and

''(4)(A) an assessment of the number of teachers and other

educational personnel needed to carry out programs of bilingual

education under such title (sic) and those carried out under

other programs for persons of limited English proficiency;

''(B) a statement describing the activities carried out

thereunder designed to prepare teachers and other educational

personnel for such programs; and

''(C) the number of other educational personnel needed to carry

out programs of bilingual education in the States.''

-CITE-

20 USC Sec. 6932 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 2 - research, evaluation, and dissemination

-HEAD-

Sec. 6932. Research

-STATUTE-

(a) Administration

The Secretary shall conduct research activities authorized by

this subpart through the Institute of Education Sciences in

coordination and collaboration with the Office of English Language

Acquisition, Language Enhancement, and Academic Achievement for

Limited English Proficient Students.

(b) Requirements

Such research activities -

(1) shall have a practical application to teachers, counselors,

paraprofessionals, school administrators, parents, and others

involved in improving the education of limited English proficient

children and their families;

(2) may include research on effective instruction practices for

multilingual classes, and on effective instruction strategies to

be used by a teacher or other staff member who does not know the

native language of a limited English proficient child in the

teacher's or staff member's classroom;

(3) may include establishing (through the National Center for

Education Statistics in consultation with experts in second

language acquisition and scientifically based research on

teaching limited English proficient children) a common definition

of ''limited English proficient child'' for purposes of national

data collection; and

(4) shall be administered by individuals with expertise in

second language acquisition, scientifically based research on

teaching limited English proficient children, and the needs of

limited English proficient children and their families.

(1) In general

The Secretary shall reserve not less than 5 percent of the

funds made available to carry out this section for

field-initiated research conducted by recipients of grants under

subpart 1 of this part or this subpart who have received such

grants within the previous 5 years. Such research may provide

for longitudinal studies of limited English proficient children

or teachers who serve such children, monitoring the education of

such children from entry into language instruction educational

programs through secondary school completion.

(2) Applications

An applicant for assistance under this subsection may submit an

application for such assistance to the Secretary at the same time

as the applicant submits another application under subpart 1 of

this part or this subpart. The Secretary shall complete a review

of such applications on a timely basis to allow the activities

carried out under research and program grants to be coordinated

when recipients are awarded two or more of such grants.

(d) Consultation

The Secretary shall consult with agencies, organizations, and

individuals that are engaged in research and practice on the

education of limited English proficient children, language

instruction educational programs, or related research, to identify

areas of study and activities to be funded under this section.

(e) Data collection

The Secretary shall provide for the collection of data on limited

English proficient children as part of the data systems operated by

the Department.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3222, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1717; amended Pub. L.

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

1986.)

-MISC1-

AMENDMENTS

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

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

Improvement''.

RESEARCH RELATING TO BILINGUAL EDUCATION

Pub. L. 100-297, title VI, Sec. 6211, Apr. 28, 1988, 102 Stat.

429, provided that:

''(a) Research and Development. - The Secretary shall, through

competitive contracts under this section, provide financial

assistance for research and development proposals submitted by

institutions of higher education, private for-profit and nonprofit

organizations, State and local educational agencies, and

individuals.

''(b) Authorized Activities. - Research activities authorized to

be assisted under this section shall include -

''(1) studies to determine and evaluate effective models for

bilingual education programs;

''(2) studies which examine the process by which individuals

acquire a second language and master the subject matter skills

required for grade-promotion and graduation, and which identify

effective methods for teaching English and subject matter skills

within the context of a bilingual education program or special

alternative instructional program to students who have language

proficiencies other than English;

''(3) longitudinal studies to measure the effect of title VII

of the Elementary and Secondary Education Act of 1965 (former 20

U.S.C. 3281 et seq.) on students enrolled in programs under such

title (including a longitudinal study of the impact of bilingual

education programs on limited-English proficient students using a

nationally representative sample of the programs funded under

such title and which provides information including data on grade

retention, academic performance, and dropout rates);

''(4) studies to determine effective and reliable methods for

identifying students who are entitled to services under such

title and for determining when their English language proficiency

is sufficiently well developed to permit them to derive optimal

benefits from an all-English instructional program;

''(5) the operation of a clearinghouse which shall collect,

analyze, and disseminate information about bilingual education

and related programs (and coordinate its activities with the

National Diffusion Network);

''(6) studies to determine effective methods of teaching

English to adults who have language proficiencies other than

English;

''(7) studies to determine and evaluate effective methods of

instruction for bilingual programs, taking into account language

and cultural differences among students;

''(8) studies to determine effective approaches to preservice

and inservice training for teachers, taking into account the

language and cultural differences of their students;

''(9) the effect of such title on the capacity of local

educational agencies to operate bilingual programs following the

termination of assistance under this (such) title; and

''(10) studies to determine effective and reliable methods for

identifying gifted and talented students who have language

proficiencies other than English.

''(c) Consultation and Delegation of Authority. - In carrying out

the responsibilities of this section, the Secretary may delegate

authority to the Director, and in any event, shall consult with the

Director, representatives of State and local educational agencies,

appropriate groups and organizations involved in bilingual

education, the Committee on Labor and Human Resources of the

Senate, and the Committee on Education and Labor (now Committee on

Education and the Workforce) of the House of Representatives.

''(d) Publication of Proposals. - The Secretary shall publish and

disseminate all requests for proposals in research and development

assisted under such title.

''(e) Limitation of Authority. - Nothing in this section shall be

construed as authorizing the Secretary to conduct or support

studies or analyses of the content of educational textbooks.''

-CITE-

20 USC Sec. 6933 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 2 - research, evaluation, and dissemination

-HEAD-

Sec. 6933. Academic excellence awards

-STATUTE-

(a) Authority

The Secretary may make grants to State educational agencies to

assist the agencies in recognizing local educational agencies and

other public and nonprofit entities whose programs have -

(1) demonstrated significant progress in assisting limited

English proficient children to learn English according to age

appropriate and developmentally appropriate standards; and

(2) demonstrated significant progress in assisting limited

English proficient children to meet, according to age appropriate

and developmentally appropriate standards, the same challenging

State academic content and student academic achievement standards

as all children are expected to meet.

(b) Applications

A State educational agency desiring a grant under this section

shall include an application for such grant in the application

submitted by the agency under section 6934(e) of this title.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3223, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1718.)

-CITE-

20 USC Sec. 6934 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 2 - research, evaluation, and dissemination

-HEAD-

Sec. 6934. State grant program

-STATUTE-

(a) State grant program

The Secretary is authorized to make an award to a State

educational agency that demonstrates, to the satisfaction of the

Secretary, that such agency, through such agency's programs and

other Federal education programs, effectively provides for the

education of limited English proficient children within the State.

(b) Payments

The amount paid to a State educational agency under subsection

(a) of this section shall not exceed 5 percent of the total amount

awarded to local educational agencies and entities within the State

under subpart 1 of this part for the previous fiscal year, except

that in no case shall the amount paid by the Secretary to any State

educational agency under this subsection for any fiscal year be

less than $100,000.

(1) In general

A State educational agency shall use funds awarded under this

section -

(A) to assist local educational agencies in the State with

activities that -

(i) consist of program design, capacity building,

assessment of student academic achievement, program

evaluation, and development of data collection and

accountability systems for limited English proficient

children; and

(ii) are aligned with State reform efforts; and

(B) to collect data on the State's limited English proficient

populations and document the services available to all such

populations.

(2) Training

The State educational agency may also use funds provided under

this section for the training of State educational agency

personnel in educational issues affecting limited English

proficient children.

(3) Special rule

Recipients of funds under this section shall not restrict the

provision of services under this section to federally funded

programs.

(d) State consultation

A State educational agency receiving funds under this section

shall consult with recipients of grants under this subpart and

other individuals or organizations involved in the development or

operation of programs serving limited English proficient children

to ensure that such funds are used in a manner consistent with the

requirements of this subpart.

(e) Applications

A State educational agency desiring to receive funds under this

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

in such form, and containing such information and assurances as the

Secretary may require.

(f) Supplement, not supplant

Federal funds made available under this section for any fiscal

year shall be used by the State educational agency to supplement

and, to the extent practical, to increase the State funds that, in

the absence of such Federal funds, would be made available for the

purposes described in this section, and in no case to supplant such

State funds.

(g) Report to the Secretary

A State educational agency receiving an award under this section

shall provide for the annual submission of a summary report to the

Secretary describing such State's use of the funds made available

through the award.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3224, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1719.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6914, 6933, 6983 of this

title.

-CITE-

20 USC Sec. 6935 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 2 - research, evaluation, and dissemination

-HEAD-

Sec. 6935. Instruction materials development

-STATUTE-

(a) In general

The Secretary may make grants for the development, publication,

and dissemination of high-quality instruction materials -

(1) in Native American languages (including Native Hawaiian

languages and the language of Native American Pacific Islanders),

and the language of natives of the outlying areas, for which

instruction materials are not readily available; and

(2) in other low-incidence languages in the United States for

which instruction materials are not readily available.

(b) Priority

In making the grants, the Secretary shall give priority to

applicants for the grants who propose -

(1) to develop instruction materials in languages indigenous to

the United States or the outlying areas; and

(2) to develop and evaluate materials, in collaboration with

entities carrying out activities assisted under subpart 1 of this

part and this subpart, that are consistent with challenging State

academic content and student academic achievement standards.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3225, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1720.)

-CITE-

20 USC subpart 3 - professional development 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 3 - professional development

-HEAD-

subpart 3 - professional development

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 6821 of this title.

-CITE-

20 USC Sec. 6951 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 3 - professional development

-HEAD-

Sec. 6951. Professional development grants

-STATUTE-

(a) Purpose

The purpose of this section is to provide assistance to prepare

educators to improve educational services for limited English

proficient children by -

(1) supporting professional development programs and activities

to prepare teachers, pupil service personnel, administrators, and

other educational personnel working in language instruction

educational programs to provide effective services to limited

English proficient children;

(2) incorporating curricula and resources concerning

appropriate and effective instruction and assessment

methodologies specific to limited English proficient children

into preservice and inservice professional development programs;

(3) upgrading the qualifications and skills of non-certified

educational personnel, including paraprofessionals, to enable

such personnel to meet high professional standards for educating

limited English proficient children;

(4) improving the quality of professional development programs

in schools or departments of education at institutions of higher

education, for educational personnel serving, or preparing to

serve, limited English proficient children; and

(5) supporting the recruitment and training of prospective

educational personnel to serve limited English proficient

children by providing fellowships for undergraduate, graduate,

doctoral, and post-doctoral study related to the instruction of

such children.

(b) Authorization

(1) In general

The Secretary is authorized to award grants under this section

to -

(A) State educational agencies;

(B) local educational agencies;

(D) consortia of one or more local educational agencies,

State educational agencies, institutions of higher education,

for-profit organizations, or nonprofit organizations.

(2) Duration

Each grant awarded under this section shall be awarded for a

period of not more than 4 years.

Grants awarded under this section shall be used to conduct

high-quality professional development programs and effective

activities to improve the quality of instruction and services

provided to limited English proficient children, including -

(1) implementing preservice and inservice professional

development programs for teachers who serve limited English

proficient children, administrators, and other educational

personnel who are preparing to provide educational services for

limited English proficient children, including professional

development programs that assist limited English proficient

children to attain English proficiency;

(2) implementing school-based collaborative efforts among

teachers to improve instruction in core academic subjects,

especially reading, for limited English proficient children;

(3) developing and implementing programs to assist beginning

teachers who serve limited English proficient children with

transitioning to the teaching profession, including programs that

provide mentoring and team teaching with trained and experienced

teachers;

(4) implementing programs that support effective teacher use of

education technologies to improve instruction and assessment;

(5) developing curricular materials and assessments for

teachers that are appropriate to the needs of limited English

proficient children, and that are aligned with challenging State

academic content and student academic achievement standards,

including materials and assessments that ensure limited English

proficient children attain English proficiency;

(6) integrating and coordinating activities with entities

carrying out other programs consistent with the purpose of this

section and supported under this chapter, or other Acts as

appropriate;

(7) developing and implementing career ladder programs to

upgrade the qualifications and skills of non-certified

educational personnel working in, or preparing to work in,

language instruction educational programs to enable such

personnel to meet high professional standards, including

standards for certification and licensure as teachers;

(8) developing and implementing activities to help recruit and

train secondary school students as teachers who serve limited

English proficient children;

(9) providing fellowships and assistance for costs related to

enrollment in a course of study at an institution of higher

education that addresses the instruction of limited English

proficient children in such areas as teacher training, program

administration, research, evaluation, and curriculum development,

and for the support of dissertation research related to such

study, except that any person receiving such a fellowship or

assistance shall agree to -

(A) work in an activity related to improving the educational

services for limited English proficient children authorized

under this subpart, including work as a teacher that serves

limited English proficient children, for a period of time

equivalent to the period of time during which such person

receives assistance under this paragraph; or

(B) repay such assistance; and

(10) carrying out such other activities as are consistent with

the purpose of this section.

(d) Application

(1) In general

Each eligible entity desiring a grant under this section shall

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

form, and containing such information as the Secretary may

require.

(2) Contents

Each application shall -

(A) describe the programs and activities proposed to be

developed, implemented, and administered under the award;

(B) describe how the applicant has consulted with, and

assessed the needs of, public and private schools serving

limited English proficient children to determine such schools'

need for, and the design of, the program for which funds are

sought; and

out under the award will be used to ensure that limited English

proficient children meet challenging State academic content and

student academic achievement standards and attain English

proficiency.

(3) Special rule

An eligible entity that proposes to conduct a master's-level or

doctoral-level program with funds received under this section

shall include in the entity's application an assurance that such

program will include a training practicum in a local elementary

school or secondary school program serving limited English

proficient children.

(4) Outreach and technical assistance

The Secretary shall provide for outreach and technical

assistance to institutions of higher education eligible for

assistance under title III of the Higher Education Act of 1965

(20 U.S.C. 1051 et seq.), and institutions of higher education

that are operated or funded by the Bureau of Indian Affairs, to

facilitate the participation of such institutions in programs and

activities under this section.

(5) Distribution rule

In making awards under this section, the Secretary shall ensure

adequate representation of Hispanic-serving institutions that

demonstrate competence and experience in carrying out the

programs and activities authorized under this section and that

are otherwise qualified.

(e) Priorities in awarding grants

(1) Grants to agencies

In awarding grants to State educational agencies and local

educational agencies under this section, the Secretary shall give

priority to agencies that propose programs and activities

designed to implement professional development programs for

teachers and educational personnel who are providing or preparing

to provide educational services for limited English proficient

children, including services provided through language

instruction educational programs, that ensure such children

attain English proficiency and meet challenging State academic

content and student academic achievement standards.

(2) Grants to institutions of higher education

In awarding grants to institutions of higher education under

this section, the Secretary shall give priority to institutions

that propose programs and activities to recruit and upgrade the

qualifications and skills of certified and non-certified

educational personnel by offering degree programs that prepare

beginning teachers to serve limited English proficient children.

(f) Program evaluations

Each recipient of an award under this section for a program or

activity shall annually conduct an independent evaluation of the

program or activity and submit to the Secretary a report containing

such evaluation. Such report shall include information on -

(1) the program or activity conducted by the recipient to

provide high-quality professional development to participants in

such program or activity;

(2) the number of participants served through the program or

activity, the number of participants who completed the

requirements of the program or activity, and the number of

participants who took positions in an instruction setting with

limited English proficient children;

(3) the effectiveness of the program or activity in imparting

the professional skills necessary for participants to achieve the

objectives of the program or activity; and

(4) the teaching effectiveness of graduates of the program or

activity or other participants who have completed the program or

activity.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3231, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1720.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsec. (d)(4),

is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title

III of the Act is classified generally to subchapter III (Sec. 1051

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.

-MISC2-

PRIOR PROVISIONS

A prior section 6951, Pub. L. 89-10, title III, Sec. 3401, as

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

3666, authorized a national telecommunications-based demonstration

project to improve the teaching of mathematics, prior to the

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

Prior sections 6952 and 6953 were omitted in the general

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

Section 6952, Pub. L. 89-10, title III, Sec. 3402, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3666,

required application for demonstration project grant.

Section 6953, Pub. L. 89-10, title III, Sec. 3403, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3666,

authorized appropriations.

-CITE-

20 USC subpart 4 - emergency immigrant education program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 4 - emergency immigrant education program

-HEAD-

subpart 4 - emergency immigrant education program

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 5891b, 6801 of this

title.

-CITE-

20 USC Sec. 6961 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 4 - emergency immigrant education program

-HEAD-

Sec. 6961. Purpose

-STATUTE-

The purpose of this subpart is to assist eligible local

educational agencies that experience unexpectedly large increases

in their student population due to immigration -

(1) to provide high-quality instruction to immigrant children

and youth; and

(2) to help such children and youth -

(A) with their transition into American society; and

(B) meet the same challenging State academic content and

student academic achievement standards as all children are

expected to meet.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3241, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1723.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6964, 6965 of this title.

-CITE-

20 USC Sec. 6962 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 4 - emergency immigrant education program

-HEAD-

Sec. 6962. State administrative costs

-STATUTE-

For any fiscal year, a State educational agency may reserve not

more than 1.5 percent (2 percent if the State educational agency

distributes funds received under this subpart to local educational

agencies on a competitive basis) of the amount allotted to such

agency under section 6964 of this title to pay the costs of

performing such agency's administrative functions under this

subpart.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3242, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1723.)

-CITE-

20 USC Sec. 6963 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 4 - emergency immigrant education program

-HEAD-

Sec. 6963. Withholding

-STATUTE-

Whenever the Secretary, after providing reasonable notice and

opportunity for a hearing to any State educational agency, finds

that there is a failure to comply with a requirement of any

provision of this subpart, the Secretary shall notify that agency

that further payments will not be made to the agency under this

subpart or, in the discretion of the Secretary, that the State

educational agency shall not make further payments under this

subpart to specified local educational agencies whose actions cause

or are involved in such failure until the Secretary is satisfied

that there is no longer any such failure to comply. Until the

Secretary is so satisfied, no further payments shall be made to the

State educational agency under this subpart, or payments by the

State educational agency under this subpart shall be limited to

local educational agencies whose actions did not cause or were not

involved in the failure, as the case may be.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3243, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1724.)

-CITE-

20 USC Sec. 6964 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 4 - emergency immigrant education program

-HEAD-

Sec. 6964. State allotments

-STATUTE-

(a) Payments

The Secretary shall, in accordance with the provisions of this

section, make payments to State educational agencies for each of

the fiscal years 2002 through 2008 for the purpose set forth in

section 6961 of this title.

(b) Allotments

(1) In general

Except as provided in subsections (c) and (d) of this section,

of the amount appropriated for each fiscal year for this subpart,

each State participating in the program assisted under this

subpart shall receive an allotment equal to the proportion of the

number of immigrant children and youth who are enrolled in public

elementary schools or secondary schools under the jurisdiction of

each local educational agency described in paragraph (2), and in

nonpublic elementary schools or secondary schools within the

district served by each such local educational agency within such

State, relative to the total number of immigrant children and

youth so enrolled in all the States participating in the program

assisted under this subpart.

(2) Eligible local educational agencies

A local educational agency referred to in paragraph (1) is a

local educational agency for which the sum of the number of

immigrant children and youth who are enrolled in public

elementary schools or secondary schools under the jurisdiction of

such agency, and in nonpublic elementary schools or secondary

schools within the district served by such agency, during the

fiscal year for which the payments are to be made under this

subpart, is equal to at least -

(A) 500; or

(B) 3 percent of the total number of children enrolled in

such public or nonpublic schools during such fiscal year,

whichever is less.

(1) In general

Determinations by the Secretary under this section for any

period with respect to the number of immigrant children and youth

shall be made on the basis of data or estimates provided to the

Secretary by each State educational agency in accordance with

criteria established by the Secretary, unless the Secretary

determines, after notice and opportunity for a hearing to the

affected State educational agency, that such data or estimates

are clearly erroneous.

(2) Special rule

No such determination with respect to the number of immigrant

children and youth shall operate because of an underestimate or

overestimate to deprive any State educational agency of the

allotment under this section that such State would otherwise have

received had such determination been made on the basis of

accurate data.

(d) Reallotment

(1) In general

Whenever the Secretary determines that any amount of a payment

made to a State under this subpart for a fiscal year will not be

used by such State for carrying out the purpose for which the

payment was made, the Secretary shall make such amount available

for carrying out such purpose to one or more other States to the

extent the Secretary determines that such other States will be

able to use such additional amount for carrying out such purpose.

(2) Fiscal year

Any amount made available to a State from any appropriation for

a fiscal year in accordance with paragraph (1) shall, for

purposes of this subpart, be regarded as part of such State's

payment (as determined under subsection (b) of this section) for

such year, but shall remain available until the end of the

succeeding fiscal year.

(e) Reservation of funds

(1) In general

Notwithstanding any other provision of this subpart, if the

amount appropriated to carry out this subpart exceeds $50,000,000

for a fiscal year, a State educational agency may reserve not

more than 20 percent of such agency's payment under this subpart

for such year to award grants, on a competitive basis, to local

educational agencies within the State as follows:

(A) Agencies with immigrant children and youth

At least 1/2 of the funds reserved under this paragraph shall

be made available to eligible local educational agencies (as

described in subsection (b)(2) of this section) within the

State with the highest numbers and percentages of immigrant

children and youth.

(B) Agencies with a sudden influx of children and youth

Funds reserved under this paragraph and not made available

under subparagraph (A) may be distributed to local educational

agencies within the State that are experiencing a sudden influx

of immigrant children and youth and that are otherwise not

eligible for assistance under this subpart.

(2) Use of grant funds

Each local educational agency receiving a grant under paragraph

(1) shall use such grant funds to carry out the activities

described in section 6967 of this title.

(3) Information

Local educational agencies receiving funds under paragraph (1)

with the highest number of immigrant children and youth may make

information available on serving immigrant children and youth to

local educational agencies in the State with sparse numbers of

such children and youth.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3244, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1724.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6962, 6965, 6966 of this

title.

-CITE-

20 USC Sec. 6965 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 4 - emergency immigrant education program

-HEAD-

Sec. 6965. State applications

-STATUTE-

(a) Submission

No State educational agency shall receive any payment under this

subpart for any fiscal year unless such agency submits an

application to the Secretary at such time, in such manner, and

containing or accompanied by such information, as the Secretary may

reasonably require. Each such application shall -

(1) provide that the educational programs, services, and

activities for which payments under this subpart are made will be

administered by or under the supervision of the agency;

(2) provide assurances that payments under this subpart will be

used for purposes set forth in sections 6961 and 6967 of this

title, including a description of how local educational agencies

receiving funds under this subpart will use such funds to meet

such purposes and will coordinate with entities carrying out

other programs and activities assisted under this chapter, and

other Acts as appropriate;

(3) provide an assurance that local educational agencies

receiving funds under this subpart will coordinate the use of

such funds with entities carrying out programs and activities

assisted under part A of subchapter I of this chapter;

(4) provide assurances that such payments, with the exception

of payments reserved under section 6964(e) of this title, will be

distributed among local educational agencies within that State on

the basis of the number of immigrant children and youth counted

with respect to each such local educational agency under section

6964(b)(1) of this title;

(5) provide assurances that the State educational agency will

not finally disapprove in whole or in part any application for

funds received under this subpart without first affording the

local educational agency submitting an application for such funds

reasonable notice and opportunity for a hearing;

(6) provide for making such reports as the Secretary may

reasonably require to perform the Secretary's functions under

this subpart;

(7) provide assurances -

(A) that to the extent consistent with the number of

immigrant children and youth enrolled in the nonpublic

elementary schools or secondary schools within the district

served by a local educational agency, such agency, after

consultation with appropriate officials of such schools, shall

provide for the benefit of such children and youth secular,

neutral, and nonideological services, materials, and equipment

necessary for the education of such children and youth;

(B) that the control of funds provided under this subpart for

any materials or equipment, or property repaired, remodeled, or

constructed with those funds shall be in a public agency for

the uses and purpose provided in this subpart, and a public

agency shall administer such funds and property; and

shall be provided by employees of a public agency or through

contract by such public agency with a person, association,

agency, or corporation who or which, in the provision of such

services, is independent of such nonpublic elementary school or

secondary school and of any religious organization, and such

employment or contract shall be under the control and

supervision of such public agency, and the funds provided under

this paragraph shall not be commingled with State or local

funds;

(8) provide that funds reserved under section 6964(e) of this

title be awarded on a competitive basis based on merit and need

in accordance with such section; and

(9) provide an assurance that the State educational agency and

local educational agencies in the State receiving funds under

this subpart will comply with the requirements of section 6320(b)

of this title.

(b) Application review

(1) In general

The Secretary shall review all applications submitted pursuant

to this section by State educational agencies.

(2) Approval

The Secretary shall approve any application submitted by a

State educational agency that meets the requirements of this

section.

(3) Disapproval

The Secretary shall disapprove any application submitted by a

State educational agency that does not meet the requirements of

this section, but shall not finally disapprove an application

except after providing reasonable notice, technical assistance,

and an opportunity for a hearing to the State educational agency.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3245, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1725.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6966 of this title.

-CITE-

20 USC Sec. 6966 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 4 - emergency immigrant education program

-HEAD-

Sec. 6966. Administrative provisions

-STATUTE-

(a) Notification of amount

The Secretary, not later than June 1 of each year, shall notify

each State educational agency that has an application approved

under section 6965 of this title of the amount of such agency's

allotment under section 6964 of this title for the succeeding year.

(b) Services to immigrant children and youth enrolled in nonpublic

schools

If by reason of any provision of law a local educational agency

is prohibited from providing educational services for immigrant

children and youth enrolled in nonpublic elementary schools and

secondary schools, as required by section 6965(a)(7) of this title,

or if the Secretary determines that a local educational agency has

substantially failed or is unwilling to provide for the

participation on an equitable basis of such children and youth

enrolled in such schools, the Secretary may waive such requirement

and shall arrange for the provision of services, subject to the

requirements of this subpart, to such children and youth. Such

waivers shall be subject to consultation, withholding, notice, and

judicial review requirements in accordance with the provisions of

subchapter I of this chapter.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3246, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1727.)

-CITE-

20 USC Sec. 6967 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 4 - emergency immigrant education program

-HEAD-

Sec. 6967. Uses of funds

-STATUTE-

(a) Use of funds

Funds awarded under this subpart shall be used to pay for

enhanced instructional opportunities for immigrant children and

youth, which may include -

(1) family literacy, parent outreach, and training activities

designed to assist parents to become active participants in the

education of their children;

(2) support of personnel, including teacher aides who have been

specifically trained, or are being trained, to provide services

to immigrant children and youth;

(3) tutorials, mentoring, and academic or career counseling for

immigrant children and youth;

(4) identification and acquisition of curricular materials,

educational software, and technologies;

(5) the provision of basic instruction services that are

directly attributable to the presence in the school district of

immigrant children and youth, including payment of costs of

providing additional classroom supplies, costs of transportation,

or such other costs as are directly attributable to such

additional basic instruction services; and

(6) such other activities, related to the purpose of this

subpart, as the Secretary may authorize.

(b) Consortia

A local educational agency that receives a grant under this

subpart may collaborate or form a consortium with one or more local

educational agencies, institutions of higher education, and

nonprofit organizations to carry out a program described in an

application approved under this subpart.

A local educational agency that receives a grant under this

subpart may, with the approval of the Secretary, make a subgrant

to, or enter into a contract with, an institution of higher

education, a nonprofit organization, or a consortium of such

institutions or organizations to carry out a program described in

an application approved under this subpart, including a program to

serve out-of-school youth.

(d) Construction

Nothing in this subpart shall be construed to prohibit a local

educational agency from serving immigrant children and youth

simultaneously with children and youth with similar educational

needs, in the same educational settings where appropriate.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3247, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1727.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6964, 6965 of this title.

-CITE-

20 USC Sec. 6968 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 4 - emergency immigrant education program

-HEAD-

Sec. 6968. Reports

-STATUTE-

(a) Biennial report

Each State educational agency receiving funds under this subpart

shall submit, once every 2 years, a report to the Secretary

concerning the expenditure of funds by local educational agencies

under this subpart. Each local educational agency receiving funds

under this subpart shall submit to the State educational agency

such information as may be necessary for such report.

(b) Report to Congress

The Secretary shall submit, once every 2 years, a report to the

appropriate committees of Congress concerning programs assisted

under this subpart.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3248, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1728.)

-MISC1-

PRIOR PROVISIONS

Prior sections 6971 to 6979 were omitted in the general amendment

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

Section 6971, Pub. L. 89-10, title III, Sec. 3501, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3667, set

forth short title of the Elementary Mathematics and Science

Equipment Act.

Section 6972, Pub. L. 89-10, title III, Sec. 3502, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3667,

stated purpose of former provisions.

Section 6973, Pub. L. 89-10, title III, Sec. 3503, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3667,

authorized program for the provision of equipment and materials to

elementary schools to improve mathematics and science education.

Section 6974, Pub. L. 89-10, title III, Sec. 3504, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3667,

related to allotments of funds.

Section 6975, Pub. L. 89-10, title III, Sec. 3505, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3668,

related to State application for an allotment.

Section 6976, Pub. L. 89-10, title III, Sec. 3506, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3669,

related to local application for a grant.

Section 6977, Pub. L. 89-10, title III, Sec. 3507, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3670, set

forth program requirements.

Section 6978, Pub. L. 89-10, title III, Sec. 3508, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3670,

related to Federal administration of programs.

Section 6979, Pub. L. 89-10, title III, Sec. 3509, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3671,

authorized appropriations.

-CITE-

20 USC subpart 5 - administration 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 5 - administration

-HEAD-

subpart 5 - administration

-CITE-

20 USC Sec. 6981 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 5 - administration

-HEAD-

Sec. 6981. Release time

-STATUTE-

The Secretary shall allow entities carrying out professional

development programs funded under this part to use funds provided

under this part for professional release time to enable individuals

to participate in programs assisted under this part.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3251, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1728.)

-CITE-

20 USC Sec. 6982 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 5 - administration

-HEAD-

Sec. 6982. Notification

-STATUTE-

A State educational agency, and when applicable, the State board

for postsecondary education, shall be notified within 3 working

days after the date an award under this part is made to an eligible

entity within the State.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3252, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1728.)

-CITE-

20 USC Sec. 6983 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part B - Improving Language Instruction Educational Programs

subpart 5 - administration

-HEAD-

Sec. 6983. Coordination and reporting requirements

-STATUTE-

(a) Coordination with related programs

In order to maximize Federal efforts aimed at serving the

educational needs of children and youth of limited English

proficiency, the Secretary shall coordinate and ensure close

cooperation with other programs serving language-minority and

limited English proficient children that are administered by the

Department and other agencies. The Secretary shall consult with

the Secretary of Labor, the Secretary of Health and Human Services,

the Secretary of Agriculture, the Attorney General, and the heads

of other relevant agencies to identify and eliminate barriers to

appropriate coordination of programs that affect language-minority

and limited English proficient children and their families. The

Secretary shall provide for continuing consultation and

collaboration, between the Office of English Language Acquisition,

Language Enhancement, and Academic Achievement for Limited English

Proficient Students and relevant programs operated by the

Department, including programs under this part and other programs

under this chapter, in planning, contracts, providing joint

technical assistance, providing joint field monitoring activities

and in other relevant activities to ensure effective program

coordination to provide high-quality educational opportunities to

all language-minority and limited English proficient children.

(b) Data

The Secretary shall, to the extent feasible, ensure that all data

collected by the Department shall include the collection and

reporting of data on limited English proficient children.

The Secretary shall publish and disseminate all requests for

proposals for programs funded under this part.

(d) Report

The Director shall prepare and, not later than February 1 of

every other year, shall submit to the Secretary, 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 -

(1) on programs and activities carried out to serve limited

English proficient children under this part, and the

effectiveness of such programs and activities in improving the

academic achievement and English proficiency of children who are

limited English proficient;

(2) containing a critical synthesis of data reported by States

under section 6934 of this title, when applicable;

(3) containing an estimate of the number of certified or

licensed teachers working in language instruction educational

programs and educating limited English proficient children, and

an estimate of the number of such teachers that will be needed

for the succeeding 5 fiscal years;

(4) containing the major findings of scientifically based

research carried out under this part; and

(5) containing other information gathered from the reports

submitted to the Secretary under this subchapter when applicable.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3253, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1728.)

-MISC1-

PRIOR PROVISIONS

A prior section 7001, Pub. L. 89-10, title III, Sec. 3601, as

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

1711), Dec. 21, 2000, 114 Stat. 2763, 2763A-337, related to

limitation on availability of certain funds for schools, prior to

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

section 6777 of this title.

Another prior section 7001 and prior sections 7002 to 7005 were

repealed by Pub. L. 104-208, div. A, title I, Sec. 101(e) (title

VII, Sec. 708(e)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.

Section 7001, Pub. L. 89-10, title III, Sec. 3601, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3671,

authorized elementary and secondary school library media resources

program.

Section 7002, Pub. L. 89-10, title III, Sec. 3602, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3671,

related to allocation of funds to States.

Section 7003, Pub. L. 89-10, title III, Sec. 3603, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3671,

required State plans meeting certain criteria.

Section 7004, Pub. L. 89-10, title III, Sec. 3604, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3672,

related to distribution of allocations to local educational

agencies.

Section 7005, Pub. L. 89-10, title III, Sec. 3605, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3672,

authorized appropriations.

-CITE-

20 USC Part C - General Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part C - General Provisions

-HEAD-

Part C - General Provisions

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 6312 of this title.

-CITE-

20 USC Sec. 7011 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part C - General Provisions

-HEAD-

Sec. 7011. Definitions

-STATUTE-

Except as otherwise provided, in this subchapter:

(1) Child

The term ''child'' means any individual aged 3 through 21.

(2) Community-based organization

The term ''community-based organization'' means a private

nonprofit organization of demonstrated effectiveness, Indian

tribe, or tribally sanctioned educational authority, that is

representative of a community or significant segments of a

community and that provides educational or related services to

individuals in the community. Such term includes a Native

Hawaiian or Native American Pacific Islander native language

educational organization.

(3) Community college

The term ''community college'' means an institution of higher

education as defined in section 1001 of this title that provides

not less than a 2-year program that is acceptable for full credit

toward a bachelor's degree, including institutions receiving

assistance under the Tribally Controlled College or University

Assistance Act of 1978 (25 U.S.C. 1801 et seq.).

(4) Director

The term ''Director'' means the Director of the Office of

English Language Acquisition, Language Enhancement, and Academic

Achievement for Limited English Proficient Students established

under section 3420 of this title.

(5) Family education program

The term ''family education program'' means a language

instruction educational program or special alternative

instruction program that -

(A) is designed -

(i) to help limited English proficient adults and

out-of-school youths achieve English proficiency; and

(ii) to provide instruction on how parents and family

members can facilitate the educational achievement of their

children;

(B) when feasible, uses instructional programs based on

models developed under the Even Start Family Literacy Programs,

which promote adult literacy and train parents to support the

educational growth of their children, the Parents as Teachers

Program, and the Home Instruction Program for Preschool

Youngsters; and

immediate family members of children attending school.

(6) Immigrant children and youth

The term ''immigrant children and youth'' means individuals who

(A) are aged 3 through 21;

(B) were not born in any State; and

more States for more than 3 full academic years.

(7) Indian tribe

The term ''Indian tribe'' means any Indian tribe, band, nation,

or other organized group or community, including any Native

village or Regional Corporation or Village Corporation as defined

in or established pursuant to the Alaska Native Claims Settlement

Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for

the special programs and services provided by the United States

to Indians because of their status as Indians.

(8) Language instruction educational program

The term ''language instruction educational program'' means an

instruction course -

(A) in which a limited English proficient child is placed for

the purpose of developing and attaining English proficiency,

while meeting challenging State academic content and student

academic achievement standards, as required by section

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

(B) that may make instructional use of both English and a

child's native language to enable the child to develop and

attain English proficiency, and may include the participation

of English proficient children if such course is designed to

enable all participating children to become proficient in

English and a second language.

(9) Native American and Native American language

The terms ''Native American'' and ''Native American language''

shall have the meanings given such terms in section 2902 of title

25.

(10) Native Hawaiian or Native American Pacific Islander native

language educational organization

The term ''Native Hawaiian or Native American Pacific Islander

native language educational organization'' means a nonprofit

organization with -

(A) a majority of its governing board and employees

consisting of fluent speakers of the traditional Native

American languages used in the organization's educational

programs; and

(B) not less than 5 years successful experience in providing

educational services in traditional Native American languages.

(11) Native language

The term ''native language'', when used with reference to an

individual of limited English proficiency, means -

(A) the language normally used by such individual; or

(B) in the case of a child or youth, the language normally

used by the parents of the child or youth.

(12) Paraprofessional

The term ''paraprofessional'' means an individual who is

employed in a preschool, elementary school, or secondary school

under the supervision of a certified or licensed teacher,

including individuals employed in language instruction

educational programs, special education, and migrant education.

(13) Specially qualified agency

The term ''specially qualified agency'' means an eligible

entity, as defined in section 6871 of this title, in a State

whose State educational agency -

(A) does not participate in a program under subpart 1 of part

A of this subchapter for a fiscal year; or

(B) submits a plan (or any amendment to a plan) that the

Secretary, after reasonable notice and opportunity for a

hearing, determines does not satisfy the requirements of such

subpart.

(14) State

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

Columbia, and the Commonwealth of Puerto Rico.

(15) Tribally sanctioned educational authority

The term ''tribally sanctioned educational authority'' means -

(A) any department or division of education operating within

the administrative structure of the duly constituted governing

body of an Indian tribe; and

(B) any nonprofit institution or organization that is -

(i) chartered by the governing body of an Indian tribe to

operate a school described in section 6822(a) of this title

or otherwise to oversee the delivery of educational services

to members of the tribe; and

(ii) approved by the Secretary for the purpose of carrying

out programs under subpart 1 of part A of this subchapter for

individuals served by a school described in section 6822(a)

of this title.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3301, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1729.)

-REFTEXT-

REFERENCES IN TEXT

The Tribally Controlled College or University Assistance Act of

1978, referred to in par. (3), is Pub. L. 95-471, Oct. 17, 1978, 92

Stat. 1325, as amended, which is classified principally to chapter

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

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

out under section 1801 of Title 25 and Tables.

The Alaska Native Claims Settlement Act, referred to in par. (7),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of Title

43, Public Lands. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 43

and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 3301 of Pub. L. 89-10 was classified to section

6921 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7012 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part C - General Provisions

-HEAD-

Sec. 7012. Parental notification

-STATUTE-

(a) In general

Each eligible entity using funds provided under this subchapter

to provide a language instruction educational program shall, not

later than 30 days after the beginning of the school year, inform a

parent or the parents of a limited English proficient child

identified for participation in, or participating in, such program

of -

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

limited English proficient and in need of placement in a language

instruction educational program;

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

was assessed, and the status of the child's academic achievement;

(3) the method 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, instruction goals, and use of English

and a native language in instruction;

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

participating will meet the educational strengths and needs of

the child;

(5) how such program will specifically help their child learn

English, and meet age appropriate academic achievement standards

for grade promotion and graduation;

(6) the specific exit requirements for such program, 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 subchapter are used for children

in secondary schools;

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

meets the objectives of the individualized education program of

the child; and

(8) information pertaining to parental rights that includes

written guidance -

(A) detailing -

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

immediately removed from such program upon their request; and

(ii) 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

(B) 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 subsection (a) of this section, each eligible entity that is

using funds provided under this subchapter 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

of this subchapter 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.

The information required to be provided under subsections (a) and

(b) of this section to a parent shall be provided in an

understandable and uniform format and, to the extent practicable,

in a language that the parent can understand.

(d) Special rule applicable during school year

For a child who has not been identified for participation in a

language instruction educational program prior to the beginning of

the school year, the eligible entity shall carry out subsections

(a) through (c) of this section with respect to the parents of the

child within 2 weeks of the child being placed in such a program.

(e) Parental participation

(1) In general

Each eligible entity using funds provided under this subchapter

to provide a language instruction educational program shall

implement an effective means of outreach to parents of limited

English proficient children to inform such parents of how they

can -

(A) be involved in the education of their children; and

(B) be active participants in assisting their children -

(i) to learn English;

(ii) to achieve at high levels in core academic subjects;

and

(iii) to meet the same challenging State academic content

and student academic achievement standards as all children

are expected to meet.

(2) Receipt of recommendations

The outreach described in paragraph (1) shall include holding,

and sending notice of opportunities for, regular meetings for the

purpose of formulating and responding to recommendations from

parents described in such paragraph.

(f) Basis for admission or exclusion

A child 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 III, Sec. 3302, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1732.)

-MISC1-

PRIOR PROVISIONS

A prior section 3302 of Pub. L. 89-10 was classified to section

6922 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6826 of this title.

-CITE-

20 USC Sec. 7013 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part C - General Provisions

-HEAD-

Sec. 7013. National clearinghouse

-STATUTE-

The Secretary shall establish and support the operation of a

National Clearinghouse for English Language Acquisition and

Language Instruction Educational Programs, which shall collect,

analyze, synthesize, and disseminate information about language

instruction educational programs for limited English proficient

children, and related programs. The National Clearinghouse shall -

(1) be administered as an adjunct clearinghouse of the

Educational Resources Information Center Clearinghouses system

supported by the Institute of Education Sciences;

(2) coordinate activities with Federal data and information

clearinghouses and entities operating Federal dissemination

networks and systems;

(3) develop a system for improving the operation and

effectiveness of federally funded language instruction

educational programs;

(4) collect and disseminate information on -

(A) educational research and processes related to the

education of limited English proficient children; and

(B) accountability systems that monitor the academic progress

of limited English proficient children in language instruction

educational programs, including information on academic content

and English proficiency assessments for language instruction

educational programs; and

(5) publish, on an annual basis, a list of grant recipients

under this subchapter.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3303, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1733; amended Pub. L.

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

1986.)

-MISC1-

PRIOR PROVISIONS

A prior section 3303 of Pub. L. 89-10 was classified to section

6923 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

AMENDMENTS

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

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

Improvement''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6821 of this title.

-CITE-

20 USC Sec. 7014 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Part C - General Provisions

-HEAD-

Sec. 7014. Regulations

-STATUTE-

In developing regulations under this subchapter, the Secretary

shall consult with State educational agencies and local educational

agencies, organizations representing limited English proficient

individuals, and organizations representing teachers and other

personnel involved in the education of limited English proficient

children.

-SOURCE-

(Pub. L. 89-10, title III, Sec. 3304, as added Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1734.)

-MISC1-

PRIOR PROVISIONS

A prior section 3304 of Pub. L. 89-10 was classified to section

6924 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC SUBCHAPTER IV - 21ST CENTURY SCHOOLS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

-HEAD-

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

-COD-

CODIFICATION

Title IV 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 IV is

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

Sec. 401, Jan. 8, 2002, 115 Stat. 1734, without reference to

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

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

section 6301 of this title.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 7151, 7183 of this

title; title 42 section 11841.

-CITE-

20 USC Part A - Safe and Drug-Free Schools and

Communities 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

-HEAD-

Part A - Safe and Drug-Free Schools and Communities

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 7345, 7345a, 7351a, 7801,

7881 of this title.

-CITE-

20 USC Sec. 7101 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

-HEAD-

Sec. 7101. Short title

-STATUTE-

This part may be cited as the ''Safe and Drug-Free Schools and

Communities Act''.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4001, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1734.)

-MISC1-

PRIOR PROVISIONS

A prior section 7101, Pub. L. 89-10, title IV, Sec. 4001, as

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

3672, set forth short title of subchapter as the Safe and Drug-Free

Schools and Communities Act of 1994, prior to the general amendment

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

A prior section 4001 of Pub. L. 89-10 was classified to section

3041 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

DEVELOPMENT OF MODEL PROGRAM OF STRATEGIES AND TACTICS

Pub. L. 101-647, title XV, Sec. 1501, Nov. 29, 1990, 104 Stat.

4836, required the Attorney General to develop a model program of

strategies and tactics for establishing and maintaining drug-free

school zones and to submit a report to Congress, at the conclusion

of the program, describing the strategies and tactics that were

found to be successful in establishing, enforcing, and maintaining

drug-free school zones.

-CITE-

20 USC Sec. 7102 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

-HEAD-

Sec. 7102. Purpose

-STATUTE-

The purpose of this part is to support programs that prevent

violence in and around schools; that prevent the illegal use of

alcohol, tobacco, and drugs; that involve parents and communities;

and that are coordinated with related Federal, State, school, and

community efforts and resources to foster a safe and drug-free

learning environment that supports student academic achievement,

through the provision of Federal assistance to -

(1) States for grants to local educational agencies and

consortia of such agencies to establish, operate, and improve

local programs of school drug and violence prevention and early

intervention;

(2) States for grants to, and contracts with, community-based

organizations and public and private entities for programs of

drug and violence prevention and early intervention, including

community-wide drug and violence prevention planning and

organizing activities;

(3) States for development, training, technical assistance, and

coordination activities; and

(4) public and private entities to provide technical

assistance; conduct training, demonstrations, and evaluation; and

to provide supplementary services and community-wide drug and

violence prevention planning and organizing activities for the

prevention of drug use and violence among students and youth.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4002, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1734.)

-MISC1-

PRIOR PROVISIONS

A prior section 7102, Pub. L. 89-10, title IV, Sec. 4002, as

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

3672, set forth findings, prior to the general amendment of this

subchapter by Pub. L. 107-110.

A prior section 4002 of Pub. L. 89-10 was classified to section

3042 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-CITE-

20 USC Sec. 7103 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

-HEAD-

Sec. 7103. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated -

(1) $650,000,000 for fiscal year 2002, and such sums as may be

necessary for each of the 5 succeeding fiscal years, for State

grants under subpart 1 of this part; and

(2) such sums for fiscal year 2002, and for each of the 5

succeeding fiscal years, for national programs under subpart 2 of

this part.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4003, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1734.)

-MISC1-

PRIOR PROVISIONS

A prior section 7103, Pub. L. 89-10, title IV, Sec. 4003, as

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

3673, set forth purpose of former provisions, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 7102

of this title.

A prior section 4003 of Pub. L. 89-10 was classified to section

3043 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

A prior section 7104, Pub. L. 89-10, title IV, Sec. 4004, as

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

3674, related to funding, prior to the general amendment of this

subchapter by Pub. L. 107-110. See section 7103 of this title.

A prior section 4004 of Pub. L. 89-10 was classified to section

3044 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

A prior section 7105, Pub. L. 99-570, title IV, Sec. 4302, Oct.

27, 1986, 100 Stat. 3207-153, which established National Trust for

Drug-Free Youth to encourage private gifts of property to assist

the Secretary of Education in carrying out the national programs of

drug abuse research, education, and prevention under subtitle B of

title IV of Pub. L. 99-570, Oct. 27, 1986, 100 Stat. 3207-125

(former 20 U.S.C. 4601 et seq.), was omitted from the Code because

of the repeal of subtitle B. Section was formerly classified to

section 4665, and subsequently section 3225, of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7111, 7131, 7133, 7134,

7135, 7136, 7137, 7138, 7139, 7140 of this title.

-CITE-

20 USC subpart 1 - state grants 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 1 - state grants

-HEAD-

subpart 1 - state grants

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 5891b, 7103, 7321a of

this title.

-CITE-

20 USC Sec. 7111 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 1 - state grants

-HEAD-

Sec. 7111. Reservations and allotments

-STATUTE-

(a) Reservations

(1) In general

From the amount made available under section 7103(1) of this

title to carry out this subpart for each fiscal year, the

Secretary -

(A) shall reserve 1 percent or $4,750,000 (whichever is

greater) of such amount for grants to Guam, American Samoa, the

United States Virgin Islands, and the Commonwealth of the

Northern Mariana Islands, to be allotted in accordance with the

Secretary's determination of their respective needs and to

carry out programs described in this subpart;

(B) shall reserve 1 percent or $4,750,000 (whichever is

greater) of such amount for the Secretary of the Interior to

carry out programs described in this subpart for Indian youth;

and

Hawaiians to be used under section 7117 of this title to carry

out programs described in this subpart.

(2) Other reservations

From the amount made available under section 7103(2) of this

title to carry out subpart 2 of this part for each fiscal year,

the Secretary -

(A) may reserve not more than $2,000,000 for the national

impact evaluation required by section 7132(a) of this title;

(B) notwithstanding section 3 of the No Child Left Behind Act

of 2001, (FOOTNOTE 1) shall reserve an amount necessary to make

continuation grants to grantees under the Safe Schools/Healthy

Students initiative (under the same terms and conditions as

provided for in the grants involved).

(FOOTNOTE 1) See References in Text note below.

(b) State allotments

(1) In general

Except as provided in paragraph (2), the Secretary shall, for

each fiscal year, allot among the States -

(A) one-half of the remainder not reserved under subsection

(a) of this section according to the ratio between the

school-aged population of each State and the school-aged

population of all the States; and

(B) one-half of such remainder according to the ratio between

the amount each State received under section 6334 of this title

for the preceding year and the sum of such amounts received by

all the States.

(2) Minimum

For any fiscal year, no State shall be allotted under this

subsection an amount that is less than the greater of -

(A) one-half of 1 percent of the total amount allotted to all

the States under this subsection; or

(B) the amount such State received for fiscal year 2001 under

section 4111 as such section was in effect the day preceding

January 8, 2002. (FOOTNOTE 1)

(3) Reallotment

(A) Reallotment for failure to apply

If any State does not apply for an allotment under this

subpart for a fiscal year, the Secretary shall reallot the

amount of the State's allotment to the remaining States in

accordance with this section.

(B) Reallotment of unused funds

The Secretary may reallot any amount of any allotment to a

State if the Secretary determines that the State will be unable

to use such amount within 2 years of such allotment. Such

reallotments shall be made on the same basis as allotments are

made under paragraph (1).

(4) Definition

In this section the term ''State'' means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto Rico.

Amounts appropriated under section 7103(2) of this title for a

fiscal year may not be increased above the amounts appropriated

under such section for the previous fiscal year unless the amounts

appropriated under section 7103(1) of this title for the fiscal

year involved are at least 10 percent greater that (FOOTNOTE 2) the

amounts appropriated under such section 7103(1) of this title for

the previous fiscal year.

(FOOTNOTE 2) So in original. Probably should be ''than''.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4111, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1735.)

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the No Child Left Behind Act of 2001, referred to in

subsec. (a)(2)(B), is section 3 of Pub. L. 107-110, Jan. 8, 2002,

115 Stat. 1426, which is not classified to the Code. The reference

probably should be to section 4 of the Act, which is set out as a

note under section 6301 of this title, and which contains

transition provisions

Section 4111 as such section was in effect the day preceding

January 8, 2002, referred to in subsec. (b)(2)(B), probably means

section 4011 of Pub. L. 89-10, as added by Pub. L. 103-382, title

I, Sec. 101, Oct. 20, 1994, 108 Stat. 3674, which was classified to

this section prior to the general amendment of this subchapter by

Pub. L. 107-110, title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1734.

-MISC2-

PRIOR PROVISIONS

A prior section 7111, Pub. L. 89-10, title IV, Sec. 4011 (4111),

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

Stat. 3674, related to reservations and allotments, 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 7112, 7113, 7117 of this

title.

-CITE-

20 USC Sec. 7112 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 1 - state grants

-HEAD-

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

schools

-STATUTE-

(a) State reservation for the chief executive officer of a State

(1) In general

The chief executive officer of a State may reserve not more

than 20 percent of the total amount allocated to a State under

section 7111(b) of this title for each fiscal year to award

competitive grants and contracts to local educational agencies,

community-based organizations (including community anti-drug

coalitions) other public entities and private organizations, and

consortia thereof. Such grants and contracts shall be used to

carry out the comprehensive State plan described in section

7113(a) of this title through programs or activities that

complement and support activities of local educational agencies

described in section 7115(b) of this title. Such officer shall

award grants based on -

(A) the quality of the program or activity proposed; and

(B) how the program or activity meets the principles of

effectiveness described in section 7115(a) of this title.

(2) Priority

In making such grants and contracts under this section, a chief

executive officer shall give priority to programs and activities

that prevent illegal drug use and violence for -

(A) children and youth who are not normally served by State

educational agencies or local educational agencies; or

(B) populations that need special services or additional

resources (such as youth in juvenile detention facilities,

runaway or homeless children and youth, pregnant and parenting

teenagers, and school dropouts).

(3) Special consideration

In awarding funds under paragraph (1), a chief executive

officer shall give special consideration to grantees that pursue

a comprehensive approach to drug and violence prevention that

includes providing and incorporating mental health services

related to drug and violence prevention in their program.

(4) Peer review

Grants or contracts awarded under this section shall be subject

to a peer review process.

(5) Use of funds

Grants and contracts under this section shall be used to

implement drug and violence prevention activities, including -

(A) activities that complement and support local educational

agency activities under section 7115 of this title, including

developing and implementing activities to prevent and reduce

violence associated with prejudice and intolerance;

(B) dissemination of information about drug and violence

prevention; and

violence prevention planning and organizing.

(6) Administrative costs

The chief executive officer of a State may use not more than 3

percent of the amount described in paragraph (1) for the

administrative costs incurred in carrying out the duties of such

officer under this section.

(b) In State distribution

(1) In general

A State educational agency shall distribute not less than 93

percent of the amount made available to the State under section

7111(b) of this title, less the amount reserved under subsection

(a) of this section, to its local educational agencies.

(2) State administration costs

(A) In general

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

the amount made available to the State under section 7111(b) of

this title for each fiscal year less the amount reserved under

subsection (a) of this section, for State educational agency

administrative costs, including the implementation of the

uniform management information and reporting system as provided

for under subsection (c)(3) of this section.

(B) Additional amounts for the uniform management information

system

In the case of fiscal year 2002, a State educational agency

may, in addition to amounts provided for in subparagraph (A),

use 1 percent of the amount made available to the State

educational agency under section 7111(b) of this title for each

fiscal year less the amount reserved under subsection (a) of

this section, for implementation of the uniform management

information and reporting system as provided for under

subsection (c)(3) of this section.

(1) In general

A State educational agency may use not more than 5 percent of

the amount made available to the State under section 7111(b) of

this title for each fiscal year less the amount reserved under

subsection (a) of this section, for activities described in this

subsection.

(2) Activities

A State educational agency shall use the amounts described in

paragraph (1), either directly, or through grants and contracts,

to plan, develop, and implement capacity building, technical

assistance and training, evaluation, program improvement

services, and coordination activities for local educational

agencies, community-based organizations, and other public and

private entities. Such uses -

(A) shall meet the principles of effectiveness described in

section 7115(a) of this title;

(B) shall complement and support local uses of funds under

section 7115(b) of this title;

and

(D) may include, among others activities -

(i) identification, development, evaluation, and

dissemination of drug and violence prevention strategies,

programs, activities, and other information;

(ii) training, technical assistance, and demonstration

projects to address violence that is associated with

prejudice and intolerance; and

(iii) financial assistance to enhance drug and violence

prevention resources available in areas that serve large

numbers of low-income children, are sparsely populated, or

have other special needs.

(3) Uniform management information and reporting system

(A) Information and statistics

A State shall establish a uniform management information and

reporting system.

(B) Uses of funds

A State may use funds described in subparagraphs (A) and (B)

of subsection (b)(2) of this section, either directly or

through grants and contracts, to implement the uniform

management information and reporting system described in

subparagraph (A), for the collection of information on -

(i) truancy rates;

(ii) the frequency, seriousness, and incidence of violence

and drug-related offenses resulting in suspensions and

expulsions in elementary schools and secondary schools in the

State;

(iii) the types of curricula, programs, and services

provided by the chief executive officer, the State

educational agency, local educational agencies, and other

recipients of funds under this subpart; and

(iv) the incidence and prevalence, age of onset, perception

of health risk, and perception of social disapproval of drug

use and violence by youth in schools and communities.

In compiling the statistics required for the uniform

management information and reporting system, the offenses

described in subparagraph (B)(ii) shall be defined pursuant to

the State's criminal code, but shall not identify victims of

crimes or persons accused of crimes. The collected data shall

include incident reports by school officials, anonymous student

surveys, and anonymous teacher surveys.

(D) Reporting

The information described under subparagraph (B) shall be

reported to the public and the data referenced in clauses (i)

and (ii) of such subparagraph shall be reported to the State on

a school-by-school basis.

(E) Limitation

Nothing in this subsection shall be construed to authorize

the Secretary to require particular policies, procedures, or

practices with respect to crimes committed on school property

or school security.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4112, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1736.)

-MISC1-

PRIOR PROVISIONS

A prior section 7112, Pub. L. 89-10, title IV, Sec. 4112, as

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

3675, related to State applications, prior to the general amendment

of this subchapter by Pub. L. 107-110. See section 7113 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7113, 7114, 7116, 7305b,

7315a of this title.

-CITE-

20 USC Sec. 7113 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 1 - state grants

-HEAD-

Sec. 7113. State application

-STATUTE-

(a) In general

In order to receive an allotment under section 7111(b) of this

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

at such time as the Secretary may require, an application that -

(1) contains a comprehensive plan for the use of funds by the

State educational agency and the chief executive officer of the

State to provide safe, orderly, and drug-free schools and

communities through programs and activities that complement and

support activities of local educational agencies under section

7115(b) of this title, that comply with the principles of

effectiveness under section 7115(a) of this title, and that

otherwise are in accordance with the purpose of this part;

(2) describes how activities funded under this subpart will

foster a safe and drug-free learning environment that supports

academic achievement;

(3) provides an assurance that the application was developed in

consultation and coordination with appropriate State officials

and others, including the chief executive officer, the chief

State school officer, the head of the State alcohol and drug

abuse agency, the heads of the State health and mental health

agencies, the head of the State criminal justice planning agency,

the head of the State child welfare agency, the head of the State

board of education, or their designees, and representatives of

parents, students, and community-based organizations;

(4) describes how the State educational agency will coordinate

such agency's activities under this subpart with the chief

executive officer's drug and violence prevention programs under

this subpart and with the prevention efforts of other State

agencies and other programs, as appropriate, in accordance with

the provisions in section 7846 of this title;

(5) provides an assurance that funds reserved under section

7112(a) of this title will not duplicate the efforts of the State

educational agency and local educational agencies with regard to

the provision of school-based drug and violence prevention

activities and that those funds will be used to serve populations

not normally served by the State educational agencies and local

educational agencies and populations that need special services,

such as school dropouts, suspended and expelled students, youth

in detention centers, runaway or homeless children and youth, and

pregnant and parenting youth;

(6) provides an assurance that the State will cooperate with,

and assist, the Secretary in conducting data collection as

required by section 7132 of this title;

(7) provides an assurance that the local educational agencies

in the State will comply with the provisions of section 7881 of

this title pertaining to the participation of private school

children and teachers in the programs and activities under this

subpart;

(8) provides an assurance that funds under this subpart will be

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

funds that would, in the absence of funds under this subpart, be

made available for programs and activities authorized under this

subpart, and in no case supplant such State, local, and other

non-Federal funds;

(9) contains the results of a needs assessment conducted by the

State for drug and violence prevention programs, which shall be

based on ongoing State evaluation activities, including data on -

(A) the incidence and prevalence of illegal drug use and

violence among youth in schools and communities, including the

age of onset, the perception of health risks, and the

perception of social disapproval among such youth;

(B) the prevalence of risk factors, including high or

increasing rates of reported cases of child abuse or domestic

violence;

and

(D) other variables in the school and community identified

through scientifically based research;

(10) provides a statement of the State's performance measures

for drug and violence prevention programs and activities to be

funded under this subpart that will be focused on student

behavior and attitudes, derived from the needs assessment

described in paragraph (9), and be developed in consultation

between the State and local officials, and that consist of -

(A) performance indicators for drug and violence prevention

programs and activities; and

(B) levels of performance for each performance indicator;

(11) describes the procedures the State will use for assessing

and publicly reporting progress toward meeting the performance

measures described in paragraph (10);

(12) provides an assurance that the State application will be

available for public review after submission of the application;

(13) describes the special outreach activities that will be

carried out by the State educational agency and the chief

executive officer of the State to maximize the participation of

community-based organizations of demonstrated effectiveness that

provide services such as mentoring programs in low-income

communities;

(14) describes how funds will be used by the State educational

agency and the chief executive officer of the State to support,

develop, and implement community-wide comprehensive drug and

violence prevention planning and organizing activities;

(15) describes how input from parents will be sought regarding

the use of funds by the State educational agency and the chief

executive officer of the State;

(16) describes how the State educational agency will review

applications from local educational agencies, including how the

agency will receive input from parents in such review;

(17) describes how the State educational agency will monitor

the implementation of activities under this subpart, and provide

technical assistance for local educational agencies,

community-based organizations, other public entities, and private

organizations;

(18) describes how the chief executive officer of the State

will award funds under section 7112(a) of this title and

implement a plan for monitoring the performance of, and providing

technical assistance to, recipients of such funds; and

(19) includes any other information the Secretary may require.

(b) Interim application

(1) Authority

Notwithstanding any other provision of this section, a State

may submit for fiscal year 2002 a 1-year interim application and

plan for the use of funds under this subpart that is consistent

with the requirements of this section and contains such

information as the Secretary may specify in regulations.

(2) Purpose

The purpose of such interim application and plan shall be to

afford the State the opportunity to fully develop and review such

State's application and comprehensive plan otherwise required by

this section.

(3) Exception

A State may not receive a grant under this subpart for a fiscal

year after fiscal year 2002 unless the Secretary has approved

such State's application and comprehensive plan as described in

subsection (a) of this section.

(1) Deemed approval

An application submitted by a State pursuant to this section

shall undergo peer review by the Secretary and shall be deemed to

be approved by the Secretary unless the Secretary makes a written

determination, prior to the expiration of the 120-day period

beginning on the date on which the Secretary received the

application, that the application is not in compliance with this

subpart.

(2) Disapproval

The Secretary shall not finally disapprove the application,

except after giving the State educational agency and the chief

executive officer of the State notice and an opportunity for a

hearing.

(3) Notification

If the Secretary finds that the application is not in

compliance, in whole or in part, with this subpart, the Secretary

shall -

(A) give the State educational agency and the chief executive

officer of the State notice and an opportunity for a hearing;

and

(B) notify the State educational agency and the chief

executive officer of the State of the finding of noncompliance,

and in such notification, shall -

(i) cite the specific provisions in the application that

are not in compliance; and

(ii) request additional information, only as to the

noncompliant provisions, needed to make the application

compliant.

(4) Response

If the State educational agency and the chief executive officer

of the State respond to the Secretary's notification described in

paragraph (3)(B) during the 45-day period beginning on the date

on which the agency received the notification, and resubmit the

application with the requested information described in paragraph

(3)(B)(ii), the Secretary shall approve or disapprove such

application prior to the later of -

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

on which the application is resubmitted; or

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

paragraph (1).

(5) Failure to respond

If the State educational agency and the chief executive officer

of the State do not respond to the Secretary's notification

described in paragraph (3)(B) during the 45-day period beginning

on the date on which the agency received the notification, such

application shall be deemed to be disapproved.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4113, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1739.)

-MISC1-

PRIOR PROVISIONS

A prior section 7113, Pub. L. 89-10, title IV, Sec. 4113, as

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

3677, related to State and local educational agency programs, prior

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

section 7114 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7112, 7116 of this title.

-CITE-

20 USC Sec. 7114 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 1 - state grants

-HEAD-

Sec. 7114. Local educational agency program

-STATUTE-

(a) In general

(1) Funds to local educational agencies

A State shall provide the amount made available to the State

under this subpart, less the amounts reserved under section 7112

of this title to local educational agencies for drug and violence

prevention and education programs and activities as follows:

(A) 60 percent of such amount based on the relative amount

such agencies received under part A of subchapter I of this

chapter for the preceding fiscal year.

(B) 40 percent of such amount based on the relative

enrollments in public and private nonprofit elementary schools

and secondary schools within the boundaries of such agencies.

(2) Administrative costs

Of the amount received under paragraph (1), a local educational

agency may use not more than 2 percent for the administrative

costs of carrying out its responsibilities under this subpart.

(3) Return of funds to State; reallocation

(A) Return

Except as provided in subparagraph (B), upon the expiration

of the 1-year period beginning on the date on which a local

educational agency receives its allocation under this subpart -

(i) such agency shall return to the State educational

agency any funds from such allocation that remain

unobligated; and

(ii) the State educational agency shall reallocate any such

amount to local educational agencies that have submitted

plans for using such amount for programs or activities on a

timely basis.

(B) Carryover

In any fiscal year, a local educational agency, may retain

for obligation in the succeeding fiscal year -

(i) an amount equal to not more than 25 percent of the

allocation it received under this subpart for such fiscal

year; or

(ii) upon a demonstration of good cause by such agency and

approval by the State educational agency, an amount that

exceeds 25 percent of such allocation.

If a local educational agency chooses not to apply to receive

the amount allocated to such agency under this subsection, or

if such agency's application under subsection (d) of this

section is disapproved by the State educational agency, the

State educational agency shall reallocate such amount to one or

more of its other local educational agencies.

(b) Eligibility

To be eligible to receive a subgrant under this subpart, a local

educational agency desiring a subgrant shall submit an application

to the State educational agency in accordance with subsection (d)

of this section. Such an application shall be amended, as

necessary, to reflect changes in the activities and programs of the

local educational agency.

(1) Consultation

(A) In general

A local educational agency shall develop its application

through timely and meaningful consultation with State and local

government representatives, representatives of schools to be

served (including private schools), teachers and other staff,

parents, students, community-based organizations, and others

with relevant and demonstrated expertise in drug and violence

prevention activities (such as medical, mental health, and law

enforcement professionals).

(B) Continued consultation

On an ongoing basis, the local educational agency shall

consult with such representatives and organizations in order to

seek advice regarding how best to coordinate such agency's

activities under this subpart with other related strategies,

programs, and activities being conducted in the community.

(2) Design and development

To ensure timely and meaningful consultation under paragraph

(1), a local educational agency at the initial stages of design

and development of a program or activity shall consult, in

accordance with this subsection, with appropriate entities and

persons on issues regarding the design and development of the

program or activity, including efforts to meet the principles of

effectiveness described in section 7115(a) of this title.

(d) Contents of applications

An application submitted by a local educational agency under this

section shall contain -

(1) an assurance that the activities or programs to be funded

comply with the principles of effectiveness described in section

7115(a) of this title and foster a safe and drug-free learning

environment that supports academic achievement;

(2) a detailed explanation of the local educational agency's

comprehensive plan for drug and violence prevention, including a

description of -

(A) how the plan will be coordinated with programs under this

chapter, and other Federal, State, and local programs for drug

and violence prevention, in accordance with section 7846 of

this title;

(B) the local educational agency's performance measures for

drug and violence prevention programs and activities, that

shall consist of -

(i) performance indicators for drug and violence prevention

programs and activities; including -

(I) specific reductions in the prevalence of identified

risk factors; and

(II) specific increases in the prevalence of protective

factors, buffers, or assets if any have been identified;

and

(ii) levels of performance for each performance indicator;

toward attaining its performance measures;

(D) the drug and violence prevention activity or program to

be funded, including how the activity or program will meet the

principles of effectiveness described in section 7115(a) of

this title, and the means of evaluating such activity or

program; and

(E) how the services will be targeted to schools and students

with the greatest need;

(3) a description for how the results of the evaluations of the

effectiveness of the program will be used to refine, improve, and

strengthen the program;

(4) an assurance that funds under this subpart will be used to

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

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

available for programs and activities authorized under this

subpart, and in no case supplant such State, local, and other

non-Federal funds;

(5) a description of the mechanisms used to provide effective

notice to the community of an intention to submit an application

under this subpart;

(6) an assurance that drug and violence prevention programs

supported under this subpart convey a clear and consistent

message that acts of violence and the illegal use of drugs are

wrong and harmful;

(7) an assurance that the applicant has, or the schools to be

served have, a plan for keeping schools safe and drug-free that

includes -

(A) appropriate and effective school discipline policies that

prohibit disorderly conduct, the illegal possession of weapons,

and the illegal use, possession, distribution, and sale of

tobacco, alcohol, and other drugs by students;

(B) security procedures at school and while students are on

the way to and from school;

maintain safe, disciplined, and drug-free environments;

(D) a crisis management plan for responding to violent or

traumatic incidents on school grounds; and

(E) a code of conduct policy for all students that clearly

states the responsibilities of students, teachers, and

administrators in maintaining a classroom environment that -

(i) allows a teacher to communicate effectively with all

students in the class;

(ii) allows all students in the class to learn;

(iii) has consequences that are fair, and developmentally

appropriate;

(iv) considers the student and the circumstances of the

situation; and

(v) is enforced accordingly;

(8) an assurance that the application and any waiver request

under section 7115(a)(3) of this title will be available for

public review after submission of the application; and

(9) such other assurances, goals, and objectives identified

through scientifically based research that the State may

reasonably require in accordance with the purpose of this part.

(e) Review of application

(1) In general

In reviewing local applications under this section, a State

educational agency shall use a peer review process or other

methods of assuring the quality of such applications.

(2) Considerations

In determining whether to approve the application of a local

educational agency under this section, a State educational agency

shall consider the quality of application and the extent to which

the application meets the principles of effectiveness described

in section 7115(a) of this title.

(f) Approval process

(1) Deemed approval

An application submitted by a local educational agency pursuant

to this section shall be deemed to be approved by the State

educational agency unless the State educational agency makes a

written determination, prior to the expiration of the 120-day

period beginning on the date on which the State educational

agency received the application, that the application is not in

compliance with this subpart.

(2) Disapproval

The State educational agency shall not finally disapprove the

application, except after giving the local educational agency

notice and opportunity for a hearing.

(3) Notification

If the State educational agency finds that the application is

not in compliance, in whole or in part, with this subpart, the

State educational agency shall -

(A) give the local educational agency notice and an

opportunity for a hearing; and

(B) notify the local educational agency of the finding of

noncompliance, and in such notification, shall -

(i) cite the specific provisions in the application that

are not in compliance; and

(ii) request additional information, only as to the

noncompliant provisions, needed to make the application

compliant.

(4) Response

If the local educational agency responds to the State

educational agency's notification described in paragraph (3)(B)

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

agency received the notification, and resubmits the application

with the requested information described in paragraph (3)(B)(ii),

the State educational agency shall approve or disapprove such

application prior to the later of -

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

on which the application is resubmitted; or

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

paragraph (1).

(5) Failure to respond

If the local educational agency does not respond to the State

educational agency's notification described in paragraph (3)(B)

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

agency received the notification, such application shall be

deemed to be disapproved.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4114, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1742.)

-MISC1-

PRIOR PROVISIONS

A prior section 7114, Pub. L. 89-10, title IV, Sec. 4114, as

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

3679, related to governor's 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 7115, 7345 of this title.

-CITE-

20 USC Sec. 7115 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 1 - state grants

-HEAD-

Sec. 7115. Authorized activities

-STATUTE-

(a) Principles of effectiveness

(1) In general

For a program or activity developed pursuant to this subpart to

meet the principles of effectiveness, such program or activity

shall -

(A) be based on an assessment of objective data regarding the

incidence of violence and illegal drug use in the elementary

schools and secondary schools and communities to be served,

including an objective analysis of the current conditions and

consequences regarding violence and illegal drug use, including

delinquency and serious discipline problems, among students who

attend such schools (including private school students who

participate in the drug and violence prevention program) that

is based on ongoing local assessment or evaluation activities;

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

aimed at ensuring that the elementary schools and secondary

schools and communities to be served by the program have a

safe, orderly, and drug-free learning environment;

evidence that the program to be used will reduce violence and

illegal drug use;

(D) be based on an analysis of the data reasonably available

at the time, of the prevalence of risk factors, including high

or increasing rates of reported cases of child abuse and

domestic violence; protective factors, buffers, assets; or

other variables in schools and communities in the State

identified through scientifically based research; and

(E) include meaningful and ongoing consultation with and

input from parents in the development of the application and

administration of the program or activity.

(2) Periodic evaluation

(A) Requirement

The program or activity shall undergo a periodic evaluation

to assess its progress toward reducing violence and illegal

drug use in schools to be served based on performance measures

described in section 7114(d)(2)(B) of this title.

(B) Use of results

The results shall be used to refine, improve, and strengthen

the program, and to refine the performance measures, and shall

also be made available to the public upon request, with public

notice of such availability provided.

(3) Waiver

A local educational agency may apply to the State for a waiver

of the requirement of subsection (a)(1)(C) of this section to

allow innovative activities or programs that demonstrate

substantial likelihood of success.

(b) Local educational agency activities

(1) Program requirements

A local educational agency shall use funds made available under

section 7114 of this title to develop, implement, and evaluate

comprehensive programs and activities, which are coordinated with

other school and community-based services and programs, that

shall -

(A) foster a safe and drug-free learning environment that

supports academic achievement;

(B) be consistent with the principles of effectiveness

described in subsection (a)(1) of this section;

(i) prevent or reduce violence; the use, possession and

distribution of illegal drugs; and delinquency; and

(ii) create a well disciplined environment conducive to

learning, which includes consultation between teachers,

principals, and other school personnel to identify early

warning signs of drug use and violence and to provide

behavioral interventions as part of classroom management

efforts; and

(D) include activities to -

(i) promote the involvement of parents in the activity or

program;

(ii) promote coordination with community groups and

coalitions, and government agencies; and

(iii) distribute information about the local educational

agency's needs, goals, and programs under this subpart.

(2) Authorized activities

Each local educational agency, or consortium of such agencies,

that receives a subgrant under this subpart may use such funds to

carry out activities that comply with the principles of

effectiveness described in subsection (a) of this section, such

as the following:

(A) Age appropriate and developmentally based activities that

(i) address the consequences of violence and the illegal

use of drugs, as appropriate;

(ii) promote a sense of individual responsibility;

(iii) teach students that most people do not illegally use

drugs;

(iv) teach students to recognize social and peer pressure

to use drugs illegally and the skills for resisting illegal

drug use;

(v) teach students about the dangers of emerging drugs;

(vi) engage students in the learning process; and

(vii) incorporate activities in secondary schools that

reinforce prevention activities implemented in elementary

schools.

(B) Activities that involve families, community sectors

(which may include appropriately trained seniors), and a

variety of drug and violence prevention providers in setting

clear expectations against violence and illegal use of drugs

and appropriate consequences for violence and illegal use of

drugs.

to schools and the community.

(D) Professional development and training for, and

involvement of, school personnel, pupil services personnel,

parents, and interested community members in prevention,

education, early identification and intervention, mentoring, or

rehabilitation referral, as related to drug and violence

prevention.

(E) Drug and violence prevention activities that may include

the following:

(i) Community-wide planning and organizing activities to

reduce violence and illegal drug use, which may include gang

activity prevention.

(ii) Acquiring and installing metal detectors, electronic

locks, surveillance cameras, or other related equipment and

technologies.

(iii) Reporting criminal offenses committed on school

property.

(iv) Developing and implementing comprehensive school

security plans or obtaining technical assistance concerning

such plans, which may include obtaining a security assessment

or assistance from the School Security and Technology

Resource Center at the Sandia National Laboratory located in

Albuquerque, New Mexico.

(v) Supporting safe zones of passage activities that ensure

that students travel safely to and from school, which may

include bicycle and pedestrian safety programs.

(vi) The hiring and mandatory training, based on scientific

research, of school security personnel (including school

resource officers) who interact with students in support of

youth drug and violence prevention activities under this part

that are implemented in the school.

(vii) Expanded and improved school-based mental health

services related to illegal drug use and violence, including

early identification of violence and illegal drug use,

assessment, and direct or group counseling services provided

to students, parents, families, and school personnel by

qualified school-based mental health service providers.

(viii) Conflict resolution programs, including peer

mediation programs that educate and train peer mediators and

a designated faculty supervisor, and youth anti-crime and

anti-drug councils and activities.

(ix) Alternative education programs or services for violent

or drug abusing students that reduce the need for suspension

or expulsion or that serve students who have been suspended

or expelled from the regular educational settings, including

programs or services to assist students to make continued

progress toward meeting the State academic achievement

standards and to reenter the regular education setting.

(x) Counseling, mentoring, referral services, and other

student assistance practices and programs, including

assistance provided by qualified school-based mental health

services providers and the training of teachers by

school-based mental health services providers in appropriate

identification and intervention techniques for students at

risk of violent behavior and illegal use of drugs.

(xi) Programs that encourage students to seek advice from,

and to confide in, a trusted adult regarding concerns about

violence and illegal drug use.

(xii) Drug and violence prevention activities designed to

reduce truancy.

(xiii) Age-appropriate, developmentally-based violence

prevention and education programs that address victimization

associated with prejudice and intolerance, and that include

activities designed to help students develop a sense of

individual responsibility and respect for the rights of

others, and to resolve conflicts without violence.

(xiv) Consistent with the fourth amendment to the

Constitution of the United States, the testing of a student

for illegal drug use or the inspecting of a student's locker

for weapons or illegal drugs or drug paraphernalia, including

at the request of or with the consent of a parent or legal

guardian of the student, if the local educational agency

elects to so test or inspect.

(xv) Emergency intervention services following traumatic

crisis events, such as a shooting, major accident, or a

drug-related incident that have disrupted the learning

environment.

(xvi) Establishing or implementing a system for

transferring suspension and expulsion records, consistent

with section 1232g of this title, by a local educational

agency to any public or private elementary school or

secondary school.

(xvii) Developing and implementing character education

programs, as a component of drug and violence prevention

programs, that take into account the views of parents of the

students for whom the program is intended and such students,

such as a program described in subpart 3 of part D of

subchapter V of this chapter.

(xviii) Establishing and maintaining a school safety

hotline.

(xix) Community service, including community service

performed by expelled students, and service-learning

projects.

(xx) Conducting a nationwide background check of each local

educational agency employee, regardless of when hired, and

prospective employees for the purpose of determining whether

the employee or prospective employee has been convicted of a

crime that bears upon the employee's fitness -

(I) to be responsible for the safety or well-being of

children;

(II) to serve in the particular capacity in which the

employee or prospective employee is or will be employed; or

(III) to otherwise be employed by the local educational

agency.

(xxi) Programs to train school personnel to identify

warning signs of youth suicide and to create an action plan

to help youth at risk of suicide.

(xxii) Programs that respond to the needs of students who

are faced with domestic violence or child abuse.

(F) The evaluation of any of the activities authorized under

this subsection and the collection of objective data used to

assess program needs, program implementation, or program

success in achieving program goals and objectives.

(1) In general

Except as provided in paragraph (2), not more than 40 percent

of the funds available to a local educational agency under this

subpart may be used to carry out the activities described in

clauses (ii) through (vi) of subsection (b)(2)(E) of this

section, of which not more than 50 percent of such amount may be

used to carry out the activities described in clauses (ii)

through (v) of such subsection.

(2) Exception

A local educational agency may use funds under this subpart for

activities described in clauses (ii) through (v) of subsection

(b)(2)(E) of this section only if funding for these activities is

not received from other Federal agencies.

(d) Rule of construction

Nothing in this section shall be construed to prohibit the use of

funds under this subpart by any local educational agency or school

for the establishment or implementation of a school uniform policy

if such policy is part of the overall comprehensive drug and

violence prevention plan of the State involved and is supported by

the State's needs assessment and other scientifically based

research information.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4115, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1745.)

-MISC1-

PRIOR PROVISIONS

A prior section 7115, Pub. L. 89-10, title IV, Sec. 4115, as

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

3681, related to local applications, 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 7114, 7116, 7131, 7132 of

this title.

-CITE-

20 USC Sec. 7116 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 1 - state grants

-HEAD-

Sec. 7116. Reporting

-STATUTE-

(a) State report

(1) In general

By December 1, 2003, and every 2 years thereafter, the chief

executive officer of the State, in cooperation with the State

educational agency, shall submit to the Secretary a report -

(A) on the implementation and outcomes of State programs

under section 7112(a)(1) of this title and section 7112(c) of

this title and local educational agency programs under section

7115(b) of this title, as well as an assessment of their

effectiveness;

(B) on the State's progress toward attaining its performance

measures for drug and violence prevention under section

7113(a)(10) of this title; and

parents in, violence and drug prevention efforts.

(2) Special rule

The report required by this subsection shall be -

(A) in the form specified by the Secretary;

(B) based on the State's ongoing evaluation activities, and

shall include data on the incidence and prevalence, age of

onset, perception of health risk, and perception of social

disapproval of drug use and violence by youth in schools and

communities; and

(b) Local educational agency report

(1) In general

Each local educational agency receiving funds under this

subpart shall submit to the State educational agency such

information that the State requires to complete the State report

required by subsection (a) of this section, including a

description of how parents were informed of, and participated in,

violence and drug prevention efforts.

(2) Availability

Information under paragraph (1) shall be made readily available

to the public.

(3) Provision of documentation

Not later than January 1 of each year that a State is required

to report under subsection (a) of this section, the Secretary

shall provide to the State educational agency all of the

necessary documentation required for compliance with this

section.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4116, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1750.)

-MISC1-

PRIOR PROVISIONS

A prior section 7116, Pub. L. 89-10, title IV, Sec. 4116, as

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

3682; amended Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec. 314),

Dec. 21, 2000, 114 Stat. 2763, 2763A-47, related to local drug and

violence prevention 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 section 7132 of this title.

-CITE-

20 USC Sec. 7117 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 1 - state grants

-HEAD-

Sec. 7117. Programs for Native Hawaiians

-STATUTE-

(a) General authority

From the funds made available pursuant to section 7111(a)(1)(C)

of this title to carry out this section, the Secretary shall make

grants to or enter into cooperative agreements or contracts with

organizations primarily serving and representing Native Hawaiians

for the benefit of Native Hawaiians to plan, conduct, and

administer programs, or portions thereof, that are authorized by

and consistent with the provisions of this subpart.

(b) Definition of Native Hawaiian

For the purposes of this section, the term ''Native Hawaiian''

means any individual any of whose ancestors were natives, prior to

1778, of the area which now comprises the State of Hawaii.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4117, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1750.)

-MISC1-

PRIOR PROVISIONS

A prior section 7117, Pub. L. 89-10, title IV, Sec. 4117, as

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

3685, related to evaluation and reporting, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 7116

of this title.

A prior section 7118, Pub. L. 89-10, title IV, Sec. 4118, as

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

3685, related to programs for Native Hawaiians, and was omitted in

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

section 7117 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7111 of this title.

-CITE-

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

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 2 - national programs

-HEAD-

subpart 2 - national programs

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 7103, 7111 of this title.

-CITE-

20 USC Sec. 7131 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 2 - national programs

-HEAD-

Sec. 7131. Federal activities

-STATUTE-

(a) Program authorized

From funds made available to carry out this subpart under section

7103(2) of this title, the Secretary, in consultation with the

Secretary of Health and Human Services, the Director of the Office

of National Drug Control Policy, and the Attorney General, shall

carry out programs to prevent the illegal use of drugs and violence

among, and promote safety and discipline for, students. The

Secretary shall carry out such programs directly, or through

grants, contracts, or cooperative agreements with public and

private entities and individuals, or through agreements with other

Federal agencies, and shall coordinate such programs with other

appropriate Federal activities. Such programs may include -

(1) the development and demonstration of innovative strategies

for the training of school personnel, parents, and members of the

community for drug and violence prevention activities based on

State and local needs;

(2) the development, demonstration, scientifically based

evaluation, and dissemination of innovative and high quality drug

and violence prevention programs and activities, based on State

and local needs, which may include -

(A) alternative education models, either established within a

school or separate and apart from an existing school, that are

designed to promote drug and violence prevention, reduce

disruptive behavior, reduce the need for repeat suspensions and

expulsions, enable students to meet challenging State academic

standards, and enable students to return to the regular

classroom as soon as possible;

(B) community service and service-learning projects, designed

to rebuild safe and healthy neighborhoods and increase

students' sense of individual responsibility;

telecommunications entities that provide young people with

models for conflict resolution and responsible decisionmaking;

and

(D) child abuse education and prevention programs for

elementary and secondary students;

(3) the provision of information on drug abuse education and

prevention to the Secretary of Health and Human Services for

dissemination;

(4) the provision of information on violence prevention and

education and school safety to the Department of Justice for

dissemination;

(5) technical assistance to chief executive officers, State

agencies, local educational agencies, and other recipients of

funding under this part to build capacity to develop and

implement high-quality, effective drug and violence prevention

programs consistent with the principles of effectiveness in

section 7115(a) of this title;

(6) assistance to school systems that have particularly severe

drug and violence problems, including hiring drug prevention and

school safety coordinators, or assistance to support appropriate

response efforts to crisis situations;

(7) the development of education and training programs,

curricula, instructional materials, and professional training and

development for preventing and reducing the incidence of crimes

and conflicts motivated by hate in localities most directly

affected by hate crimes;

(8) activities in communities designated as empowerment zones

or enterprise communities that will connect schools to

community-wide efforts to reduce drug and violence problems; and

(9) other activities in accordance with the purpose of this

part, based on State and local needs.

(b) Peer review

The Secretary shall use a peer review process in reviewing

applications for funds under this section.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4121, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1751.)

-MISC1-

PRIOR PROVISIONS

A prior section 7131, Pub. L. 89-10, title IV, Sec. 4121, as

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

3686, related to Federal activities, prior to the general amendment

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

-CITE-

20 USC Sec. 7132 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 2 - national programs

-HEAD-

Sec. 7132. Impact evaluation

-STATUTE-

(a) Biennial evaluation

The Secretary, in consultation with the Safe and Drug-Free

Schools and Communities Advisory Committee described in section

7134 of this title, shall conduct an independent biennial

evaluation of the impact of programs assisted under this subpart

and of other recent and new initiatives to combat violence and

illegal drug use in schools. The evaluation shall report on

whether community and local educational agency programs funded

under this subpart -

(1) comply with the principles of effectiveness described in

section 7115(a) of this title;

(2) have appreciably reduced the level of illegal drug,

alcohol, and tobacco use, and school violence and the illegal

presence of weapons at schools; and

(3) have conducted effective parent involvement and training

programs.

(b) Data collection

The National Center for Education Statistics shall collect data,

that is subject to independent review, to determine the incidence

and prevalence of illegal drug use and violence in elementary

schools and secondary schools in the States. The collected data

shall include incident reports by schools officials, anonymous

student surveys, and anonymous teacher surveys.

Not later than January 1, 2003, and every 2 years thereafter, the

Secretary shall submit to the President and Congress a report on

the findings of the evaluation conducted under subsection (a) of

this section together with the data collected under subsection (b)

of this section and data available from other sources on the

incidence and prevalence, age of onset, perception of health risk,

and perception of social disapproval of drug use and violence in

elementary schools and secondary schools in the States. The

Secretary shall include data submitted by the States pursuant to

subsection 7116(a) of this title.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4122, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1752.)

-MISC1-

PRIOR PROVISIONS

A prior section 7132, Pub. L. 89-10, title IV, Sec. 4122, as

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

3687, related to grants to institutions of higher education, prior

to repeal by Pub. L. 105-244, Sec. 3, title IX, Sec. 981, Oct. 7,

1998, 112 Stat. 1585, 1837, effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7111, 7113 of this title.

-CITE-

20 USC Sec. 7133 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 2 - national programs

-HEAD-

Sec. 7133. Hate crime prevention

-STATUTE-

(a) Grant authorization

From funds made available to carry out this subpart under section

7103(2) of this title the Secretary may make grants to local

educational agencies and community-based organizations for the

purpose of providing assistance to localities most directly

affected by hate crimes.

(b) Use of funds

(1) Program development

Grants under this section may be used to improve elementary and

secondary educational efforts, including -

(A) development of education and training programs designed

to prevent and to reduce the incidence of crimes and conflicts

motivated by hate;

(B) development of curricula for the purpose of improving

conflict or dispute resolution skills of students, teachers,

and administrators;

instructional materials to meet the needs of, or otherwise be

part of, hate crime or conflict programs; and

(D) professional training and development for teachers and

administrators on the causes, effects, and resolutions of hate

crimes or hate-based conflicts.

(2) Application

In order to be eligible to receive a grant under this section

for any fiscal year, a local educational agency, or a local

educational agency in conjunction with a community-based

organization, shall submit an application to the Secretary in

such form and containing such information as the Secretary may

reasonably require.

(3) Requirements

Each application under paragraph (2) shall include -

(A) a request for funds for the purpose described in this

section;

(B) a description of the schools and communities to be served

by the grants; and

shall be used to supplement, and not supplant, non-Federal

funds.

(4) Comprehensive plan

Each application shall include a comprehensive plan that

contains -

(A) a description of the hate crime or conflict problems

within the schools or the community targeted for assistance;

(B) a description of the program to be developed or augmented

by such Federal and matching funds;

administered by or under the supervision of the applicant;

(D) procedures for the proper and efficient administration of

such program; and

(E) fiscal control and fund accounting procedures as may be

necessary to ensure prudent use, proper disbursement, and

accurate accounting of funds received under this section.

(1) Selection of recipients

The Secretary shall consider the incidence of crimes and

conflicts motivated by bias in the targeted schools and

communities in awarding grants under this section.

(2) Geographic distribution

The Secretary shall attempt, to the extent practicable, to

achieve an equitable geographic distribution of grant awards.

(3) Dissemination of information

The Secretary shall attempt, to the extent practicable, to make

available information regarding successful hate crime prevention

programs, including programs established or expanded with grants

under this section.

(d) Reports

The Secretary shall submit to Congress a report every 2 years

that shall contain a detailed statement regarding grants and

awards, activities of grant recipients, and an evaluation of

programs established under this section.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4123, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1752.)

-MISC1-

PRIOR PROVISIONS

A prior section 7133, Pub. L. 89-10, title IV, Sec. 4123, as

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

3687, related to hate crime prevention, prior to the general

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

-CITE-

20 USC Sec. 7134 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 2 - national programs

-HEAD-

Sec. 7134. Safe and Drug-Free Schools and Communities Advisory

Committee

-STATUTE-

(a) Establishment

(1) In general

There is hereby established an advisory committee to be known

as the ''Safe and Drug Free Schools and Communities Advisory

Committee'' (referred to in this section as the ''Advisory

Committee'') to -

(A) consult with the Secretary under subsection (b) of this

section;

(B) coordinate Federal school- and community-based substance

abuse and violence prevention programs and reduce duplicative

research or services;

and drug-free school- and community-based programs;

(D) provide technical assistance and training for safe and

drug-free school- and community-based programs;

(E) provide for the diffusion of scientifically based

research to safe and drug-free school- and community-based

programs; and

(F) review other regulations and standards developed under

this subchapter.

(2) Composition

The Advisory Committee shall be composed of representatives

from -

(A) the Department of Education;

(B) the Centers for Disease Control and Prevention;

(D) the National Institute on Alcoholism and Alcohol Abuse;

(E) the Center for Substance Abuse Prevention;

(F) the Center for Mental Health Services;

(G) the Office of Juvenile Justice and Delinquency

Prevention;

(H) the Office of National Drug Control Policy;

(I) State and local governments, including education

agencies; and

(J) researchers and expert practitioners.

(3) Consultation

In carrying out its duties under this section, the Advisory

Committee shall annually consult with interested State and local

coordinators of school- and community-based substance abuse and

violence prevention programs and other interested groups.

(b) Programs

(1) In general

From amounts made available under section 7103(2) of this title

to carry out this subpart, the Secretary, in consultation with

the Advisory Committee, shall carry out scientifically based

research programs to strengthen the accountability and

effectiveness of the State, chief executive officer's, and

national programs under this part.

(2) Grants, contracts or cooperative agreements

The Secretary shall carry out paragraph (1) directly or through

grants, contracts, or cooperative agreements with public and

private entities and individuals or through agreements with other

Federal agencies.

(3) Coordination

The Secretary shall coordinate programs under this section with

other appropriate Federal activities.

(4) Activities

Activities that may be carried out under programs funded under

this section may include -

(A) the provision of technical assistance and training, in

collaboration with other Federal agencies utilizing their

expertise and national and regional training systems, for

Governors, State educational agencies and local educational

agencies to support high quality, effective programs that -

(i) provide a thorough assessment of the substance abuse

and violence problem;

(ii) utilize objective data and the knowledge of a wide

range of community members;

(iii) develop measurable goals and objectives; and

(iv) implement scientifically based research activities

that have been shown to be effective and that meet identified

needs;

(B) the provision of technical assistance and training to

foster program accountability;

programs;

(D) the development of core data sets and evaluation tools;

(E) program evaluations;

(F) the provision of information on drug abuse education and

prevention to the Secretary of Health and Human Services for

dissemination by the clearinghouse for alcohol and drug abuse

information established under section 290aa(d)(16) of title 42;

and

(G) other activities that meet unmet needs related to the

purpose of this part and that are undertaken in consultation

with the Advisory Committee.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4124, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1754.)

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

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

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

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

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

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

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7132 of this title.

-CITE-

20 USC Sec. 7135 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 2 - national programs

-HEAD-

Sec. 7135. National Coordinator Program

-STATUTE-

(a) In general

From funds made available to carry out this subpart under section

7103(2) of this title, the Secretary may provide for the

establishment of a National Coordinator Program under which the

Secretary shall award grants to local educational agencies for the

hiring of drug prevention and school safety program coordinators.

(b) Use of funds

Amounts received under a grant under subsection (a) of this

section shall be used by local educational agencies to recruit,

hire, and train individuals to serve as drug prevention and school

safety program coordinators in schools with significant drug and

school safety problems. Such coordinators shall be responsible for

developing, conducting, and analyzing assessments of drug and crime

problems at their schools, and administering the safe and drug-free

grant program at such schools.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4125, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1755.)

-CITE-

20 USC Sec. 7136 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 2 - national programs

-HEAD-

Sec. 7136. Community service grant program

-STATUTE-

(a) In general

From funds made available to carry out this subpart under section

7103(2) of this title, the Secretary may make grants to States to

carry out programs under which students expelled or suspended from

school are required to perform community service.

(b) Allocation

From the amount described in subsection (a) of this section, the

Secretary shall allocate among the States -

(1) one-half according to the ratio between the school-aged

population of each State and the school-aged population of all

the States; and

(2) one-half according to the ratio between the amount each

State received under section 6334 of this title for the preceding

year and the sum of such amounts received by all the States.

For any fiscal year, no State shall be allotted under this

section an amount that is less than one-half of 1 percent of the

total amount allotted to all the States under this section.

(d) Reallotment

The Secretary may reallot any amount of any allotment to a State

if the Secretary determines that the State will be unable to use

such amount within 2 years of such allotment. Such reallotments

shall be made on the same basis as allotments are made under

subsection (b) of this section.

(e) Definition

In this section, the term ''State'' means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4126, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1756.)

-CITE-

20 USC Sec. 7137 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 2 - national programs

-HEAD-

Sec. 7137. School Security Technology and Resource Center

-STATUTE-

(a) Center

From funds made available to carry out this subpart under section

7103(2) of this title, the Secretary, the Attorney General, and the

Secretary of Energy may enter into an agreement for the

establishment at the Sandia National Laboratories, in partnership

with the National Law Enforcement and Corrections Technology Center

- Southeast and the National Center for Rural Law Enforcement in

Little Rock, Arkansas, of a center to be known as the ''School

Security Technology and Resource Center'' (hereafter in this

section ''the Center'').

(b) Administration

The Center established under subsection (a) of this section shall

be administered by the Attorney General.

The center established under subsection (a) of this section shall

be a resource to local educational agencies for school security

assessments, security technology development, evaluation and

implementation, and technical assistance relating to improving

school security. The Center will also conduct and publish school

violence research, coalesce data from victim communities, and

monitor and report on schools that implement school security

strategies.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4127, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1756.)

-CITE-

20 USC Sec. 7138 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 2 - national programs

-HEAD-

Sec. 7138. National Center for School and Youth Safety

-STATUTE-

(a) Establishment

From funds made available to carry out this subpart under section

7103(2) of this title, the Secretary of Education and the Attorney

General may jointly establish a National Center for School and

Youth Safety (in this section referred to as the ''Center''). The

Secretary of Education and the Attorney General may establish the

Center at an existing facility, if the facility has a history of

performing two or more of the duties described in subsection (b) of

this section. The Secretary of Education and the Attorney General

shall jointly appoint a Director of the Center to oversee the

operation of the Center.

(b) Duties

The Center shall carry out emergency response, anonymous student

hotline, consultation, and information and outreach activities with

respect to elementary and secondary school safety, including the

following:

(1) Emergency response

The staff of the Center, and such temporary contract employees

as the Director of the Center shall determine necessary, shall

offer emergency assistance to local communities to respond to

school safety crises. Such assistance shall include counseling

for victims and the community, assistance to law enforcement to

address short-term security concerns, and advice on how to

enhance school safety, prevent future incidents, and respond to

future incidents.

(2) Anonymous student hotline

The Center shall establish a toll-free telephone number for

students to report criminal activity, threats of criminal

activity, and other high-risk behaviors such as substance abuse,

gang or cult affiliation, depression, or other warning signs of

potentially violent behavior. The Center shall relay the

reports, without attribution, to local law enforcement or

appropriate school hotlines. The Director of the Center shall

work with the Attorney General to establish guidelines for Center

staff to work with law enforcement around the Nation to relay

information reported through the hotline.

(3) Consultation

The Center shall establish a toll-free number for the public to

contact staff of the Center for consultation regarding school

safety. The Director of the Center shall hire administrative

staff and individuals with expertise in enhancing school safety,

including individuals with backgrounds in counseling and

psychology, education, law enforcement and criminal justice, and

community development to assist in the consultation.

(4) Information and outreach

The Center shall compile information about the best practices

in school violence prevention, intervention, and crisis

management, and shall serve as a clearinghouse for model school

safety program information. The staff of the Center shall work

to ensure local governments, school officials, parents, students,

and law enforcement officials and agencies are aware of the

resources, grants, and expertise available to enhance school

safety and prevent school crime. The staff of the Center shall

give special attention to providing outreach to rural and

impoverished communities.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4128, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1756.)

-CITE-

20 USC Sec. 7139 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 2 - national programs

-HEAD-

Sec. 7139. Grants to reduce alcohol abuse

-STATUTE-

(a) In general

The Secretary, in consultation with the Administrator of the

Substance Abuse and Mental Health Services Administration, may

award grants from funds made available to carry out this subpart

under section 7103(2) of this title, on a competitive basis, to

local educational agencies to enable such agencies to develop and

implement innovative and effective programs to reduce alcohol abuse

in secondary schools.

(b) Eligibility

To be eligible to receive a grant under subsection (a) of this

section, a local educational agency shall prepare and submit to the

Secretary an application at such time, in such manner, and

containing such information as the Secretary may require, including

(1) a description of the activities to be carried out under the

grant;

(2) an assurance that such activities will include one or more

of the proven strategies for reducing underage alcohol abuse as

determined by the Substance Abuse and Mental Health Services

Administration;

(3) an explanation of how activities to be carried out under

the grant that are not described in paragraph (2) will be

effective in reducing underage alcohol abuse, including

references to the past effectiveness of such activities;

(4) an assurance that the applicant will submit to the

Secretary an annual report concerning the effectiveness of the

programs and activities funded under the grant; and

(5) such other information as the Secretary determines

appropriate.

The Secretary, in consultation with the Administrator of the

Substance Abuse and Mental Health Services Administration, shall

develop procedures to make the application process for grants under

this section more user-friendly, particularly for low-income and

rural local educational agencies.

(d) Reservations

(1) SAMHSA

The Secretary may reserve 20 percent of any amount used to

carry out this section to enable the Administrator of the

Substance Abuse and Mental Health Services Administration to

provide alcohol abuse resources and start-up assistance to local

educational agencies receiving grants under this section.

(2) Low-income and rural areas

The Secretary may reserve 25 percent of any amount used to

carry out this section to award grants to low-income and rural

local educational agencies.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4129, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1757.)

-CITE-

20 USC Sec. 7140 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 2 - national programs

-HEAD-

Sec. 7140. Mentoring programs

-STATUTE-

(a) Purpose; definitions

(1) Purpose

The purpose of this section is to make assistance available to

promote mentoring programs for children with greatest need -

(A) to assist such children in receiving support and guidance

from a mentor;

(B) to improve the academic achievement of such children;

children and their peers, teachers, other adults, and family

members;

(D) to reduce the dropout rate of such children; and

(E) to reduce juvenile delinquency and involvement in gangs

by such children.

(2) Definitions

In this part:

(A) Child with greatest need

The term ''child with greatest need'' means a child who is at

risk of educational failure, dropping out of school, or

involvement in criminal or delinquent activities, or who lacks

strong positive role models.

(B) Eligible entity

The term ''eligible entity'' means -

(i) a local educational agency;

(ii) a nonprofit, community-based organization; or

(iii) a partnership between a local educational agency and

a nonprofit, community-based organization.

The term ''mentor'' means a responsible adult, a

postsecondary school student, or a secondary school student who

works with a child -

(i) to provide a positive role model for the child;

(ii) to establish a supportive relationship with the child;

and

(iii) to provide the child with academic assistance and

exposure to new experiences and examples of opportunity that

enhance the ability of the child to become a responsible

adult.

(D) State

The term ''State'' means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the

United States Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands.

(b) Grant program

(1) In general

The Secretary may award grants from funds made available to

carry out this subpart under section 7103(2) of this title to

eligible entities to assist such entities in establishing and

supporting mentoring programs and activities for children with

greatest need that -

(A) are designed to link such children (particularly children

living in rural areas, high-crime areas, or troubled home

environments, or children experiencing educational failure)

with mentors who -

(i) have received training and support in mentoring;

(ii) have been screened using appropriate reference checks,

child and domestic abuse record checks, and criminal

background checks; and

(iii) are interested in working with children with greatest

need; and

(B) are intended to achieve one or more of the following

goals with respect to children with greatest need:

(i) Provide general guidance.

(ii) Promote personal and social responsibility.

(iii) Increase participation in, and enhance the ability to

benefit from, elementary and secondary education.

(iv) Discourage illegal use of drugs and alcohol, violence,

use of dangerous weapons, promiscuous behavior, and other

criminal, harmful, or potentially harmful activity.

(v) Encourage participation in community service and

community activities.

(vi) Encourage setting goals and planning for the future,

including encouragement of graduation from secondary school

and planning for postsecondary education or training.

(viii) (FOOTNOTE 1) Discourage involvement in gangs.

(FOOTNOTE 1) So in original. No cl. (vii) has been enacted.

(2) Use of funds

(A) In general

Each eligible entity awarded a grant under this subsection

shall use the grant funds for activities that establish or

implement a mentoring program, that may include -

(i) hiring of mentoring coordinators and support staff;

(ii) providing for the professional development of

mentoring coordinators and support staff;

(iii) recruitment, screening, and training of mentors;

(iv) reimbursement to schools, if appropriate, for the use

of school materials or supplies in carrying out the mentoring

program;

(v) dissemination of outreach materials;

(vi) evaluation of the mentoring program using

scientifically based methods; and

(vii) such other activities as the Secretary may reasonably

prescribe by rule.

(B) Prohibited uses

Notwithstanding subparagraph (A), an eligible entity awarded

a grant under this section may not use the grant funds -

(i) to directly compensate mentors;

(ii) to obtain educational or other materials or equipment

that would otherwise be used in the ordinary course of the

eligible entity's operations;

(iii) to support litigation of any kind; or

(iv) for any other purpose reasonably prohibited by the

Secretary by rule.

(3) Availability of funds

Funds made available through a grant under this section shall

be available for obligation for a period not to exceed 3 years.

(4) Application

Each eligible entity seeking a grant under this section shall

submit to the Secretary an application that includes -

(A) a description of the plan for the mentoring program the

eligible entity proposes to carry out with such grant;

(B) information on the children expected to be served by the

mentoring program for which such grant is sought;

use to match children with mentors based on the needs of the

children;

(D) an assurance that no mentor will be assigned to mentor so

many children that the assignment will undermine the mentor's

ability to be an effective mentor or the mentor's ability to

establish a close relationship (a one-to-one relationship,

where practicable) with each mentored child;

(E) an assurance that the mentoring program will provide

children with a variety of experiences and support, including -

(i) emotional support;

(ii) academic assistance; and

(iii) exposure to experiences that the children might not

otherwise encounter on their own;

(F) an assurance that the mentoring program will be monitored

to ensure that each child assigned a mentor benefits from that

assignment and that the child will be assigned a new mentor if

the relationship between the original mentor and the child is

not beneficial to the child;

(G) information regarding how mentors and children will be

recruited to the mentoring program;

(H) information regarding how prospective mentors will be

screened;

(I) information on the training that will be provided to

mentors; and

(J) information on the system that the eligible entity will

use to manage and monitor information relating to the mentoring

program's -

(i) reference checks;

(ii) child and domestic abuse record checks;

(iii) criminal background checks; and

(iv) procedure for matching children with mentors.

(5) Selection

(A) Competitive basis

In accordance with this subsection, the Secretary shall award

grants to eligible entities on a competitive basis.

(B) Priority

In awarding grants under subparagraph (A), the Secretary

shall give priority to each eligible entity that -

(i) serves children with greatest need living in rural

areas, high-crime areas, or troubled home environments, or

who attend schools with violence problems;

(ii) provides high quality background screening of mentors,

training of mentors, and technical assistance in carrying out

mentoring programs; or

(iii) proposes a school-based mentoring program.

In awarding grants under subparagraph (A), the Secretary

shall also consider -

(i) the degree to which the location of the mentoring

program proposed by each eligible entity contributes to a

fair distribution of mentoring programs with respect to urban

and rural locations;

(ii) the quality of the mentoring program proposed by each

eligible entity, including -

(I) the resources, if any, the eligible entity will

dedicate to providing children with opportunities for job

training or postsecondary education;

(II) the degree to which parents, teachers,

community-based organizations, and the local community have

participated, or will participate, in the design and

implementation of the proposed mentoring program;

(III) the degree to which the eligible entity can ensure

that mentors will develop longstanding relationships with

the children they mentor;

(IV) the degree to which the mentoring program will serve

children with greatest need in the 4th through 8th grades;

and

(V) the degree to which the mentoring program will

continue to serve children from the 9th grade through

graduation from secondary school, as needed; and

(iii) the capability of each eligible entity to effectively

implement its mentoring program.

(D) Grant to each State

Notwithstanding any other provision of this subsection, in

awarding grants under subparagraph (A), the Secretary shall

select not less than one grant recipient from each State for

which there is an eligible entity that submits an application

of sufficient quality pursuant to paragraph (4).

(6) Model screening guidelines

(A) In general

Based on model screening guidelines developed by the Office

of Juvenile Programs of the Department of Justice, the

Secretary shall develop and distribute to each eligible entity

awarded a grant under this section specific model guidelines

for the screening of mentors who seek to participate in

mentoring programs assisted under this section.

(B) Background checks

The guidelines developed under this subsection shall include,

at a minimum, a requirement that potential mentors be subject

to reference checks, child and domestic abuse record checks,

and criminal background checks.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4130, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1758.)

-MISC1-

PRIOR PROVISIONS

Prior sections 7141 to 7144 were omitted in the general amendment

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

Section 7141, Pub. L. 89-10, title IV, Sec. 4131, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3689,

defined terms. See section 7161 of this title.

Section 7142, Pub. L. 89-10, title IV, Sec. 4132, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3689,

related to materials. See section 7162 of this title.

Section 7143, Pub. L. 89-10, title IV, Sec. 4133, as added Pub.

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

forth prohibited uses of funds. See section 7164 of this title.

Section 7144, Pub. L. 89-10, title IV, Sec. 4134, as added Pub.

L. 105-277, div. D, title I, Sec. 122, Oct. 21, 1998, 112 Stat.

2681-756, related to quality rating of drug, alcohol, and tobacco

prevention programs implemented in public elementary schools and

secondary schools.

-CITE-

20 USC subpart 3 - gun possession 01/06/03

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

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

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