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CHAPTER 70⁠—STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS — Front Matter

Chap.Sec.
6301.Statement of purpose.
6302.Authorization of appropriations.
6303.School improvement.
6303a.Whole-school reform strategy.
6303b.Direct student services.
6304.State administration.
6311.State plans.
6312.Local educational agency plans.
6313.Eligible school attendance areas.
6314.Schoolwide programs.
6315.Targeted assistance schools.
6316 , 6317.Repealed.
6318.Parent and family engagement.
6319.Repealed.
6320.Participation of children enrolled in private schools.
6321.Fiscal requirements.
6322.Coordination requirements.
6331.Grants for the outlying areas and the Secretary of the Interior.
6332.Allocations to States.
6333.Basic grants to local educational agencies.
6334.Concentration grants to local educational agencies.
6335.Targeted grants to local educational agencies.
6336.Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001.
6337.Education finance incentive grant program.
6338.Special allocation procedures.
6339.Carryover and waiver.
6361.Grants for State assessments and related activities.
6362.State option to conduct assessment system audit.
6363.Allotment of appropriated funds.
6364.Innovative assessment and accountability demonstration authority.
6391.Program purposes.
6392.Program authorized.
6393.State allocations.
6394.State applications; services.
6395.Secretarial approval; peer review.
6396.Comprehensive needs assessment and service-delivery plan; authorized activities.
6397.Bypass.
6398.Coordination of migrant education activities.
6399.Definitions.
6421.Purpose and program authorization.
6422.Payments for programs under this part.
6431.Eligibility.
6432.Allocation of funds.
6433.State reallocation of funds.
6434.State plan and State agency applications.
6435.Use of funds.
6436.Institution-wide projects.
6437.Three-year programs or projects.
6438.Transition services.
6439.Technical assistance.
6451.Purpose.
6452.Programs operated by local educational agencies.
6453.Local educational agency applications.
6454.Uses of funds.
6455.Program requirements for correctional facilities receiving funds under this section.
6456.Accountability.
6471.Program evaluations.
6472.Definitions.
6491.Flexibility for equitable per-pupil funding.
6571.Federal regulations.
6572.Agreements and records.
6573.State administration.
6574.Repealed.
6575.Prohibition against Federal mandates, direction, or control.
6576.Rule of construction on equalized spending.
6577 , 6578.Repealed.
6601.Purpose.
6602.Definitions.
6603.Authorization of appropriations.
6611.Formula grants to States.
6612.Subgrants to local educational agencies.
6613.Local uses of funds.
6614.Reporting.
6621.Reservations.
6631.Purposes; definitions.
6632.Teacher and school leader incentive fund grants.
6633.Reports.
6641.Purposes; definitions.
6642.Comprehensive literacy State development grants.
6643.Subgrants to eligible entities in support of birth through kindergarten entry literacy.
6644.Subgrants to eligible entities in support of kindergarten through grade 12 literacy.
6645.National evaluation and information dissemination.
6646.Innovative approaches to literacy.
6661.Program authorized.
6662.Presidential and Congressional Academies for American History and Civics.
6663.National activities.
6671.Funding allotment.
6672.Supporting effective educator development.
6673.School leader recruitment and support.
6674.Technical assistance and national evaluation.
6681.Findings.
6682.Definitions.
6683.Recognition program established.
STEM master teacher corps.
6691.Supplement, not supplant.
6692.Rules of construction.
6801.Authorization of appropriations.
6811.Short title.
6812.Purposes.
6821.Formula grants to States.
6822.Native American and Alaska Native children in school.
6823.State and specially qualified agency plans.
6824.Within-State allocations.
6825.Subgrants to eligible entities.
6826.Local plans.
6841.Reporting.
6842.Repealed.
6843.Biennial reports.
6844.Coordination with related programs.
6845.Rules of construction.
6846.Legal authority under State law.
6847.Civil rights.
6848.Programs for Native Americans and Puerto Rico.
6849.Prohibition.
6861.National professional development project.
6871.Repealed.
7011.Definitions.
7012.Repealed.
7013.National clearinghouse.
7014.Regulations.
7101.General provisions.
7102 , 7103.Repealed.
7111.Purpose.
7112.Definitions.
7113.Formula grants to States.
7114.State use of funds.
7115.Allocations to local educational agencies.
7116.Local educational agency applications.
7117.Activities to support well-rounded educational opportunities.
7118.Activities to support safe and healthy students.
7119.Activities to support the effective use of technology.
7120.Supplement, not supplant.
7121.Rule of construction.
7122.Authorization of appropriations.
7131.Internet safety.
7151.Transferred.
7161 to 7164.Repealed.
7165.Transferred.
7171.Purpose; definitions.
7172.Allotments to States.
7173.State application.
7174.Local competitive subgrant program.
7175.Local activities.
7176.Authorization of appropriations.
7221.Purpose.
7221a.Program authorized.
7221b.Grants to support high-quality charter schools.
7221c.Facilities financing assistance.
7221d.National activities.
7221e.Federal formula allocation during first year and for successive enrollment expansions.
7221f.Solicitation of input from charter school operators.
7221g.Records transfer.
7221h.Paperwork reduction.
7221i.Definitions.
7221j.Authorization of appropriations.
7231.Findings and purpose.
7231a.Definition.
7231b.Program authorized.
7231c.Eligibility.
7231d.Applications and requirements.
7231e.Priority.
7231f.Use of funds.
7231g.Repealed.
7231h.Limitations.
7231i.Repealed.
7231j.Authorization of appropriations; reservation.
7241.Purposes.
7242.Grants authorized.
7243.Applications.
7244.Uses of funds.
7245.Family engagement in Indian schools.
7246.Authorization of appropriations.
7251.Authorization of appropriations; reservations.
7261.Grants for education innovation and research.
7271.Purposes.
7272.Definitions.
7273.Program authorized.
7274.Promise neighborhoods.
7275.Full-service community schools.
7281.National activities for school safety.
7291.Awards for academic enrichment.
7292.Assistance for arts education.
7293.Ready to learn programming.
7294.Supporting high-ability learners and learning.
7305.Short title.
7305a.Purpose.
7305b.Transferability of funds.
7341.Short title.
7341a.Purpose.
7345.Use of applicable funding.
7345a.Grant program authorized.
7345b.Repealed.
7351.Program authorized.
7351a.Uses of funds.
7351b.Applications.
7351c.Report.
7351d.Choice of participation.
7355.Annual average daily attendance determination.
7355a.Supplement, not supplant.
7355b.Rule of construction.
7355c.Authorization of appropriations.
7371.Prohibition against Federal mandates, direction, or control.
7372.Rule of construction on equalized spending.
7401.Statement of policy.
7402.Purpose.
7421.Purpose.
7422.Grants to local educational agencies and tribes.
7423.Amount of grants.
7424.Applications.
7425.Authorized services and activities.
7426.Integration of services authorized.
7427.Student eligibility forms.
7428.Payments.
7429.State educational agency review.
7441.Improvement of educational opportunities for Indian children and youth.
7442.Professional development for teachers and education professionals.
7451.National research activities.
7452.Grants to tribes for education administrative planning, development, and coordination.
7453.Native American and Alaska Native language immersion schools and programs.
7454 to 7456.Repealed or Transferred.
7457.Native American language resource centers.
7471.National Advisory Council on Indian Education.
7472.Peer review.
7473.Preference for Indian applicants.
7474.Minimum grant criteria.
7491.Definitions.
7492.Authorizations of appropriations.
7511.Short title.
7512.Findings.
7513.Purposes.
7514.Native Hawaiian Education Council.
7515.Program authorized.
7516.Administrative provisions.
7517.Definitions.
7541.Short title.
7542.Findings.
7543.Purposes.
7544.Program authorized.
7545.Administrative provisions.
7546.Definitions.
7701.Purpose.
7702.Payments relating to Federal acquisition of real property.
7703.Payments for eligible federally connected children.
7703a.Impact aid for children with severe disabilities.
7703b.Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
7703c.Plan and authority to assist local educational agencies experiencing growth in enrollment due to force structure changes, relocation of military units, or base closures and realignments.
7703d.Assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations.
7704.Policies and procedures relating to children residing on Indian lands.
7705.Application for payments under sections 7702 and 7703 of this title.
7707.Construction.
7708.Facilities.
7709.State consideration of payments in providing State aid.
7710.Federal administration.
7711.Administrative hearings and judicial review.
7712.Forgiveness of overpayments.
7713.Definitions.
7713a.School facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments.
7714.Authorization of appropriations.
7801.Definitions.
7802.Applicability of subchapter.
7803.Applicability to Bureau of Indian Education operated schools.
7821.Consolidation of State administrative funds for elementary and secondary education programs.
7822.Single local educational agency States.
7823.Consolidation of funds for local administration.
7824.Consolidated set-aside for Department of the Interior funds.
7825.Department staff.
7841.Purposes.
7842.Optional consolidated State plans or applications.
7843.Consolidated reporting.
7844.General applicability of State educational agency assurances.
7845.Consolidated local plans or applications.
7846.Other general assurances.
7861.Waivers of statutory and regulatory requirements.
7871.Approval and disapproval of State plans.
7872.Approval and disapproval of local educational agency applications.
7881.Participation by private school children and teachers.
7882.Standards for by-pass.
7883.Complaint process for participation of private school children.
7884.By-pass determination process.
7885.Prohibition against funds for religious worship or instruction.
7886.Private, religious, and home schools.
7901.Maintenance of effort.
7902.Prohibition regarding State aid.
7903.Privacy of assessment results.
7904.School prayer.
7905.Equal access to public school facilities.
7906.Prohibited uses of funds.
7906a.Prohibition against Federal mandates, direction, or control.
7907.Prohibitions on Federal Government and use of Federal funds.
7908.Armed Forces recruiter access to students and student recruiting information.
7908a.Military recruiter access to secondary school campuses.
7909.Prohibition on federally sponsored testing.
7910.Limitations on national testing or certification for teachers, principals, or other school leaders.
7910a.Prohibition on requiring State participation.
7911.Prohibition on nationwide database.
7912.Unsafe school choice option.
7913.Prohibition on discrimination.
7914.Civil rights.
7915.Rulemaking.
7916.Severability.
7917.Transfer of school disciplinary records.
7918.Consultation with Indian tribes and tribal organizations.
7919.Outreach and technical assistance for rural local educational agencies.
7920.Consultation with the Governor.
7921.Local governance.
7922.Rule of construction regarding travel to and from school.
7923.Limitations on school-based health centers.
7924.State control over standards.
7925.Sense of Congress on protecting student privacy.
7926.Prohibition on aiding and abetting sexual abuse.
7927.Sense of Congress on restoration of State sovereignty over public education.
7928.Privacy.
7929.Analysis and periodic review of departmental guidance.
7930.Sense of Congress.
7931.Sense of Congress on early learning and child care.
7932.Technical assistance.
7933.Preventing improper use of taxpayer funds.
7934.Accountability to taxpayers through monitoring and oversight.
7941.Short title.
7942.Purpose.
7943.Definitions.
7944.Applicability.
7945.Preemption and election of State nonapplicability.
7946.Limitation on liability for teachers.
7947.Allocation of responsibility for noneconomic loss.
7948.Effective date.
7961.Gun-free requirements.
7971.Short title.
7972.Definitions.
7973.Nonsmoking policy for children’s services.
7974.Preemption.
7981.Evaluations.
8001 to 8007.Repealed.
8031 to 8037.Repealed.
8061 to 8067.Repealed.
8071 to 8071j.Repealed.
8091.Repealed.
8101 to 8105.Repealed.
8131.Repealed.
8141 to 8143.Repealed.
8161.Repealed.
8171 , 8172.Repealed.
8181 , 8182.Repealed.
8191 , 8192.Repealed.
8201 , 8202.Repealed.
8221 to 8224.Repealed.
8241 to 8247.Repealed.
8271 , 8272.Repealed.
8281 to 8284.Repealed.
8291 to 8297.Repealed.
8311 , 8312.Repealed.
8331 , 8332.Repealed.
8351 to 8361.Repealed.
8371.Repealed.
8401 to 8407.Repealed.
8501 to 8513.Repealed.
8601 , 8602.Repealed.
8621 to 8625.Transferred.
8651 , 8652.Transferred.
8671 to 8678.Transferred.
8701.Transferred.
8801 to 8803.Repealed.
8821 to 8826.Repealed.
8851 to 8857.Repealed.
8881.Repealed.
8891 to 8904.Repealed.
8921 to 8923.Repealed.
8941.Repealed.
8961 , 8962.Repealed.

Codification

The Elementary and Secondary Education Act of 1965, comprising this chapter, was originally enacted as Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and amended by Pub. L. 89–750, Nov. 3, 1966, 80 Stat. 1191; Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 783; Pub. L. 90–576, title III, § 307, Oct. 16, 1968, 82 Stat. 1097; Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92–318, June 23, 1972, 86 Stat. 235; Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94–193, § 1(c), Dec. 31, 1975, 89 Stat. 1102; Pub. L. 94–273, §§ 2(12), 3(8), 49(a)–(c), Apr. 21, 1976, 90 Stat. 375, 376, 382; Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95–112, Aug. 24, 1977, 91 Stat. 911, and was classified to sections 241a et seq., 242 et seq., 331 et seq., 821 et seq., and 1801 et seq. of this title. The Act was subsequently extensively revised and restated by Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, and amended by Pub. L. 96–46, Aug. 6, 1979, 93 Stat. 338; Pub. L. 96–88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 96–470, Oct. 19, 1980, 94 Stat. 2237; Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 98–211, Dec. 8, 1983, 97 Stat. 1412; Pub. L. 98–511, Oct. 19, 1984, 98 Stat. 2366; Pub. L. 98–524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 99–159, Nov. 22, 1985, 99 Stat. 887, and was classified to section 2701 et seq. of this title. The Act was subsequently extensively revised and restated by Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 130, and amended by Pub. L. 100–569, Oct. 31, 1988, 102 Stat. 2862; Pub. L. 100–570, Oct. 31, 1988, 102 Stat. 2865; Pub. L. 100–690, Nov. 18, 1988, 102 Stat. 4181; Pub. L. 101–226, Dec. 12, 1989, 103 Stat. 1928; Pub. L. 101–250, Mar. 6, 1990, 104 Stat. 96; Pub. L. 101–476, Oct. 30, 1990, 104 Stat. 1103; Pub. L. 101–589, Nov. 16, 1990, 104 Stat. 2881; Pub. L. 101–600, Nov. 16, 1990, 104 Stat. 3042; Pub. L. 101–647, Nov. 29, 1990, 104 Stat. 4789; Pub. L. 102–62, June 27, 1991, 105 Stat. 305; Pub. L. 102–73, July 25, 1991, 105 Stat. 333; Pub. L. 102–103, Aug. 17, 1991, 105 Stat. 497; Pub. L. 102–325, July 23, 1992, 106 Stat. 448; Pub. L. 102–359, Aug. 26, 1992, 106 Stat. 962; Pub. L. 102–545, Oct. 27, 1992, 106 Stat. 3586; Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125; Pub. L. 103–252, May 18, 1994, 108 Stat. 623, and was classified to section 2701 et seq. of this title. The Act was subsequently extensively revised and restated by Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518, and amended by Pub. L. 104–5, Mar. 23, 1995, 109 Stat. 72; Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 186; Pub. L. 104–134, Apr. 26, 1996, 110 Stat. 1321; Pub. L. 104–140, May 2, 1996, 110 Stat. 1327; Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2105; Pub. L. 104–195, Sept. 16, 1996, 110 Stat. 2379; Pub. L. 104–201, Sept. 23, 1996, 110 Stat. 2422; Pub. L. 104–208, Sept. 30, 1996, 110 Stat. 3009; Pub. L. 105–18, June 12, 1997, 111 Stat. 158; Pub. L. 105–78, Nov. 13, 1997, 111 Stat. 1467; Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936; Pub. L. 105–244, Oct. 7, 1998, 112 Stat. 1581; Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681; Pub. L. 105–278, Oct. 22, 1998, 112 Stat. 2682; Pub. L. 105–332, Oct. 31, 1998, 112 Stat. 3076; Pub. L. 106–78, Oct. 22, 1999, 113 Stat. 1135; Pub. L. 106–113, Nov. 29, 1999, 113 Stat. 1501; Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654; Pub. L. 106–400, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 106–554, Dec. 21, 2000, 114 Stat. 2763; Pub. L. 107–20, July 24, 2001, 115 Stat. 155, and is classified to section 6301 et seq. of this title. Certain titles and parts of titles of the Act are shown, herein, however, as having been added by Pub. L. 107–110 without reference to such intervening amendments because of the extensive amendments, renumbering, and reorganization of these provisions by Pub. L. 107–110.