20 USC CHAPTER 70, SUBCHAPTER IV, Part F: National Activities

From Title 20—EDUCATIONCHAPTER 70—STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLSSUBCHAPTER IV—21ST CENTURY SCHOOLS

Part F—National Activities

§7251. Authorization of appropriations; reservations

(a) Authorization of appropriations

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

(1) $200,741,000 for each of fiscal years 2017 and 2018; and

(2) $220,741,000 for each of fiscal years 2019 and 2020.

(b) Reservations

From the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall—

(1) reserve $5,000,000 to carry out activities authorized under subpart 3; and

(2) from the amounts remaining after the reservation under paragraph (1)—

(A) carry out activities authorized under subpart 1 using—

(i) 36 percent of such remainder for each of fiscal years 2017 and 2018; and

(ii) 42 percent of such remainder for each of fiscal years 2019 and 2020;

(B) carry out activities authorized under subpart 2 using—

(i) 36 percent of such remainder for each of fiscal years 2017 and 2018; and

(ii) 32 percent of such remainder for each of fiscal years 2019 and 2020; and

(i) 28 percent of such remainder for each of fiscal years 2017 and 2018; and

(ii) 26 percent of such remainder for each of fiscal years 2019 and 2020.

(Pub. L. 89–10, title IV, §4601, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2020.)

Editorial Notes

Prior Provisions

A prior section 7251, Pub. L. 89–10, title V, §5451, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1824, related to inexpensive book distribution program for reading motivation, prior to repeal by Pub. L. 114–95, §5, title IV, §4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

A prior section 4601 of Pub. L. 89–10 was classified to section 3151 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

Prior sections 7253 to 7253e, 7255 to 7255f, 7257 to 7257d, and 7259 to 7259c were repealed by Pub. L. 114–95, §5, title IV, §4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Section 7253, Pub. L. 89–10, title V, §5461, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1826, provided that subpart 6 of part D of former subchapter V of this chapter could be cited as the "Jacob K. Javits Gifted and Talented Students Education Act of 2001".

Section 7253a, Pub. L. 89–10, title V, §5462, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1826, provided purpose of former subpart.

Section 7253b, Pub. L. 89–10, title V, §5463, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1826, related to rule of construction.

Section 7253c, Pub. L. 89–10, title V, §5464, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1826; amended Pub. L. 107–279, title IV, §404(d)(5)(C), (6), Nov. 5, 2002, 116 Stat. 1986, related to authorized programs.

Section 7253d, Pub. L. 89–10, title V, §5465, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1828, related to program priorities.

Section 7253e, Pub. L. 89–10, title V, §5466, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1828, related to general provisions.

Section 7255, Pub. L. 89–10, title V, §5471, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1829, provided that subpart 7 of part D of former subchapter V of this chapter could be cited as the "Star Schools Act".

Section 7255a, Pub. L. 89–10, title V, §5472, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1829, provided purposes of former subpart.

Section 7255b, Pub. L. 89–10, title V, §5473, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1830, authorized grant program.

Section 7255c, Pub. L. 89–10, title V, §5474, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1831, related to applications.

Section 7255d, Pub. L. 89–10, title V, §5475, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1834, related to other grant assistance.

Section 7255e, Pub. L. 89–10, title V, §5476, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1835, related to administrative provisions.

Section 7255f, Pub. L. 89–10, title V, §5477, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1836, defined terms.

Section 7257, Pub. L. 89–10, title V, §5481, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1837, authorized awarding of grants.

Section 7257a, Pub. L. 89–10, title V, §5482, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1838, related to application requirement.

Section 7257b, Pub. L. 89–10, title V, §5483, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1838, related to reports and evaluation.

Section 7257c, Pub. L. 89–10, title V, §5484, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1838, related to digital educational programming grants.

Section 7257d, Pub. L. 89–10, title V, §5485, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1839, related to administrative costs.

Section 7259, Pub. L. 89–10, title V, §5491, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1839, provided that subpart 9 of part D of former subchapter V of this chapter could be cited as the "Foreign Language Assistance Act of 2001".

Section 7259a, Pub. L. 89–10, title V, §5492, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1839, authorized awarding of grants.

Section 7259b, Pub. L. 89–10, title V, §5493, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1840, related to application requirement.

Section 7259c, Pub. L. 89–10, title V, §5494, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1840, related to elementary school foreign language incentive program.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.

¹ So in original. Probably should be "(C) carry out activities authorized under subpart 4 using—".

subpart 1—education innovation and research

§7261. Grants for education innovation and research

(a) Program authorized

(1) In general

From funds reserved under section 7251(b)(2)(A) of this title, the Secretary shall make grants to eligible entities to enable the eligible entities to—

(A) create, develop, implement, replicate, or take to scale entrepreneurial, evidence-based, field-initiated innovations to improve student achievement and attainment for high-need students; and

(B) rigorously evaluate such innovations, in accordance with subsection (e).

(2) Description of grants

The grants described in paragraph (1) shall include—

(A) early-phase grants to fund the development, implementation, and feasibility testing of a program, which prior research suggests has promise, for the purpose of determining whether the program can successfully improve student achievement or attainment for high-need students;

(B) mid-phase grants to fund implementation and a rigorous evaluation of a program that has been successfully implemented under an early-phase grant described in subparagraph (A) or other effort meeting similar criteria, for the purpose of measuring the program's impact and cost effectiveness, if possible using existing administrative data; and

(C) expansion grants to fund implementation and a rigorous replication evaluation of a program that has been found to produce sizable, important impacts under a mid-phase grant described in subparagraph (B) or other effort meeting similar criteria, for the purposes of—

(i) determining whether such impacts can be successfully reproduced and sustained over time; and

(ii) identifying the conditions in which the program is most effective.

(b) Eligible entity

In this subpart, the term "eligible entity" means any of the following:

(1) A local educational agency.

(2) A State educational agency.

(3) The Bureau of Indian Education.

(4) A consortium of State educational agencies or local educational agencies.

(5) A nonprofit organization.

(6) A State educational agency, a local educational agency, a consortium described in paragraph (4), or the Bureau of Indian Education, in partnership with—

(A) a nonprofit organization;

(B) a business;

(D) an institution of higher education.

(c) Rural areas

(1) In general

In awarding grants under subsection (a), the Secretary shall ensure that not less than 25 percent of the funds made available for any fiscal year are awarded for programs that meet both of the following requirements:

(A) The grantee is—

(i) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary;

(ii) a consortium of such local educational agencies;

(iii) an educational service agency or a nonprofit organization in partnership with such a local educational agency; or

(iv) a grantee described in clause (i) or (ii) in partnership with a State educational agency.

(B) A majority of the schools to be served by the program are designated with a locale code of 32, 33, 41, 42, or 43, or a combination of such codes, as determined by the Secretary.

(2) Exception

Notwithstanding paragraph (1), the Secretary shall reduce the amount of funds made available under such paragraph if the Secretary does not receive a sufficient number of applications of sufficient quality.

(d) Matching funds

In order to receive a grant under subsection (a), an eligible entity shall demonstrate that the eligible entity will provide matching funds, in cash or through in-kind contributions, from Federal, State, local, or private sources in an amount equal to 10 percent of the funds provided under such grant, except that the Secretary may waive the matching funds requirement, on a case-by-case basis, upon a showing of exceptional circumstances, such as—

(1) the difficulty of raising matching funds for a program to serve a rural area;

(2) the difficulty of raising matching funds in areas with a concentration of local educational agencies or schools with a high percentage of students aged 5 through 17—

(A) who are in poverty, as counted in the most recent census data approved by the Secretary;

(B) who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);

(C) whose families receive assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or

(D) who are eligible to receive medical assistance under the Medicaid program; and

(3) the difficulty of raising funds on tribal land.

(e) Evaluation

Each recipient of a grant under this section shall conduct an independent evaluation of the effectiveness of the program carried out under such grant.

(f) Technical assistance

The Secretary may reserve not more than 5 percent of the funds appropriated under section 7251(b)(2)(A) of this title for each fiscal year to—

(1) provide technical assistance for eligibility entities, which may include pre-application workshops, web-based seminars, and evaluation support; and

(2) to disseminate best practices.

(Pub. L. 89–10, title IV, §4611, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2021.)

Editorial Notes

References in Text

The Richard B. Russell National School Lunch Act, referred to in subsec. (d)(2)(B), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.

The Social Security Act, referred to in subsec. (d)(2)(C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Prior Provisions

Prior sections 7261 to 7261f were repealed by Pub. L. 114–95, §5, title IV, §4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Section 7261, Pub. L. 89–10, title V, §5501, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1841, provided that subpart 10 of part D of former subchapter V of this chapter could be cited as the "Carol M. White Physical Education Program".

Another prior section 7261, Pub. L. 89–10, title V, §5301, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3701, provided that part C of former subchapter V of this chapter could be cited as the "School Dropout Assistance Act", prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Section 7261a, Pub. L. 89–10, title V, §5502, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1841, provided purpose of former subpart.

Section 7261b, Pub. L. 89–10, title V, §5503, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1841, authorized program.

Section 7261c, Pub. L. 89–10, title V, §5504, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1841, related to application requirement.

Section 7261d, Pub. L. 89–10, title V, §5505, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1842, related to annual report to Secretary and administrative expenses.

Section 7261e, Pub. L. 89–10, title V, §5506, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1842, related to other administrative provisions.

Section 7261f, Pub. L. 89–10, title V, §5507, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1842, provided that funds were to supplement, not supplant, any other Federal, State, or local funds.

A prior section 7262, Pub. L. 89–10, title V, §5302, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3701, which set forth purpose of the School Dropout Assistance Act, was omitted in the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Prior sections 7263 to 7263b were repealed by Pub. L. 114–95, §5, title IV, §4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Section 7263, Pub. L. 89–10, title V, §5511, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1843, related to purpose and program authorization.

Another prior section 7263, Pub. L. 89–10, title V, §5303, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3701, related to grants to local educational agencies, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Section 7263a, Pub. L. 89–10, title V, §5512, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1843, related to eligibility and application requirements.

Section 7263b, Pub. L. 89–10, title V, §5513, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1844, related to uses of funds.

A prior section 7264, Pub. L. 89–10, title V, §5404 [5304], as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3703, which related to application for school dropout assistance, was omitted in the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Prior sections 7265 to 7265e were repealed by Pub. L. 114–95, §5, title IV, §4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Section 7265, Pub. L. 89–10, title V, §5521, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1845, provided that subpart 12 of part D of former subchapter V of this chapter could be cited as the "Alaska Native and Native Hawaiian Education Through Cultural and Historical Organizations Act".

Another prior section 7265, Pub. L. 89–10, title V, §5305, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3704, related to use of grants for dropout prevention activities, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Section 7265a, Pub. L. 89–10, title V, §5522, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1845; amended Pub. L. 109–149, title III, §306(1), Dec. 30, 2005, 119 Stat. 2870, related to findings and purposes.

Section 7265b, Pub. L. 89–10, title V, §5523, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1846; amended Pub. L. 109–149, title III, §306(2), Dec. 30, 2005, 119 Stat. 2870, related to program authorization.

Section 7265c, Pub. L. 89–10, title V, §5524, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1847, related to administrative provisions.

Section 7265d, Pub. L. 89–10, title V, §5525, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1847; amended Pub. L. 109–149, title III, §306(3), Dec. 30, 2005, 119 Stat. 2870, related to availability of funds.

Section 7265e, Pub. L. 89–10, title V, §5526, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1848, defined terms.

A prior section 7266, Pub. L. 89–10, title V, §5306, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3706, which related to distribution of assistance and limitation on costs, was omitted in the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Prior sections 7267 to 7267f were repealed by Pub. L. 114–95, §5, title IV, §4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Section 7267, Pub. L. 89–10, title V, §5531, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1848, provided that subpart 13 of part D of former subchapter V of this chapter could be cited as the "Excellence in Economic Education Act of 2001".

Another prior section 7267, Pub. L. 89–10, title V, §5307, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3706, related to reports, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Section 7267a, Pub. L. 89–10, title V, §5532, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1848, related to purpose and goals.

Section 7267b, Pub. L. 89–10, title V, §5533, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1848, authorized a grant program.

Section 7267c, Pub. L. 89–10, title V, §5534, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1849, related to grant applications.

Section 7267d, Pub. L. 89–10, title V, §5535, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1850, related to requirements for grantees and subgrant recipients.

Section 7267e, Pub. L. 89–10, title V, §5536, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1850, related to administrative provisions.

Section 7267f, Pub. L. 89–10, title V, §5537, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1851, provided that funds were to supplement, not supplant, any other Federal, State, or local funds.

A prior section 7268, Pub. L. 89–10, title V, §5308, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3706, which authorized appropriations for school dropout assistance, was omitted in the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Prior sections 7269 and 7269a were repealed by Pub. L. 114–95, §5, title IV, §4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Section 7269, Pub. L. 89–10, title V, §5541, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1851, authorized grants for the integration of schools and mental health systems.

Section 7269a, Pub. L. 89–10, title V, §5542, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1853, related to promotion of school readiness through early childhood emotional and social development.

Statutory Notes and Related Subsidiaries

Effective Date

subpart 2—community support for school success

§7271. Purposes

The purposes of this subpart are to—

(1) significantly improve the academic and developmental outcomes of children living in the most distressed communities of the United States, including ensuring school readiness, high school graduation, and access to a community-based continuum of high-quality services; and

(2) provide support for the planning, implementation, and operation of full-service community schools that improve the coordination and integration, accessibility, and effectiveness of services for children and families, particularly for children attending high-poverty schools, including high-poverty rural schools.

(Pub. L. 89–10, title IV, §4621, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2023.)

Editorial Notes

Prior Provisions

A prior section 7271, Pub. L. 89–10, title V, §5551, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1855, related to assistance for arts education, prior to repeal by Pub. L. 114–95, §5, title IV, §4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Statutory Notes and Related Subsidiaries

Effective Date

§7272. Definitions

In this subpart:

(1) Eligible entity

The term "eligible entity" means the following:

(A) With respect to a grant for activities described in section 7273(a)(1)(A) of this title—

(i) an institution of higher education, as defined in section 1002 of this title;

(ii) an Indian tribe or tribal organization, as defined in section 5304 of title 25; or

(iii) one or more nonprofit entities working in formal partnership with not less than 1 of the following entities:

(I) A high-need local educational agency.

(II) An institution of higher education, as defined in section 1002 of this title.

(III) The office of a chief elected official of a unit of local government.

(IV) An Indian tribe or tribal organization, as defined under section 5304 of title 25.

(B) With respect to a grant for activities described in section 7273(a)(1)(B) of this title, a consortium of—

(i)(I) 1 or more local educational agencies; or

(II) the Bureau of Indian Education; and

(ii) 1 or more community-based organizations, nonprofit organizations, or other public or private entities.

(2) Full-service community school

The term "full-service community school" means a public elementary school or secondary school that—

(A) participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and

(B) provides access to such services in school to students, families, and the community, such as access during the school year (including before- and after-school hours and weekends), as well as during the summer.

(3) Pipeline services

The term "pipeline services" means a continuum of coordinated supports, services, and opportunities for children from birth through entry into and success in postsecondary education, and career attainment. Such services shall include, at a minimum, strategies to address through services or programs (including integrated student supports) the following:

(A) High-quality early childhood education programs.

(B) High-quality school and out-of-school-time programs and strategies.

(C) Support for a child's transition to elementary school, from elementary school to middle school, from middle school to high school, and from high school into and through postsecondary education and into the workforce, including any comprehensive readiness assessment determined necessary.

(D) Family and community engagement and supports, which may include engaging or supporting families at school or at home.

(E) Activities that support postsecondary and workforce readiness, which may include job training, internship opportunities, and career counseling.

(F) Community-based support for students who have attended the schools in the area served by the pipeline, or students who are members of the community, facilitating their continued connection to the community and success in postsecondary education and the workforce.

(G) Social, health, nutrition, and mental health services and supports.

(H) Juvenile crime prevention and rehabilitation programs.

(Pub. L. 89–10, title IV, §4622, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2023.)

Statutory Notes and Related Subsidiaries

Effective Date

§7273. Program authorized

(a) Program authorized

(1) In general

The Secretary shall use not less than 95 percent of the amounts made available under section 7251(b)(2)(B) of this title to award grants, on a competitive basis and subject to subsection (e), to eligible entities for the following activities:

(A) Promise neighborhoods

The implementation of a comprehensive, effective continuum of coordinated services that meets the purpose described in section 7271(1) of this title by carrying out activities in neighborhoods with—

(i) high concentrations of low-income individuals;

(ii) multiple signs of distress, which may include high rates of poverty, childhood obesity, academic failure, and juvenile delinquency, adjudication, or incarceration; and

(iii) schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d) of this title.

(B) Full-service community schools

The provision of assistance to public elementary schools or secondary schools to function as full-service community schools.

(2) Sufficient size and scope

Each grant awarded under this subpart shall be of sufficient size and scope to allow the eligible entity to carry out the applicable purposes of this subpart.

(b) Duration

A grant awarded under this subpart shall be for a period of not more than 5 years, and may be extended for an additional period of not more than 2 years.

(c) Continued funding

Continued funding of a grant under this subpart, including a grant extended under subsection (b), after the third year of the initial grant period shall be contingent on the eligible entity's progress toward meeting—

(1) with respect to a grant for activities described in section 7274 of this title, the performance metrics described in section 7274(h) of this title; and

(2) with respect to a grant for activities described in section 7275 of this title, annual performance objectives and outcomes under section 7275(a)(4)(C) of this title.

(d) Matching requirements

(1) Promise neighborhood activities

(A) Matching funds

Each eligible entity receiving a grant under this subpart for activities described in section 7274 of this title shall contribute matching funds in an amount equal to not less than 100 percent of the amount of the grant. Such matching funds shall come from Federal, State, local, and private sources.

(B) Private sources

The Secretary shall require that a portion of the matching funds come from private sources, which may include in-kind contributions.

(C) Adjustment

The Secretary may adjust the matching funds requirement under this paragraph for applicants that demonstrate high need, including applicants from rural areas and applicants that wish to provide services on tribal lands.

(D) Financial hardship waiver

The Secretary may waive or reduce, on a case-by-case basis, the matching requirement under this paragraph, including the requirement for funds from private sources, for a period of 1 year at a time, if the eligible entity demonstrates significant financial hardship.

(2) Full-service community schools activities

(A) In general

Each eligible entity receiving a grant under this subpart for activities described in section 7275 of this title shall provide matching funds from non-Federal sources, which may be provided in part with in-kind contributions.

(B) Special rule

The Bureau of Indian Education may meet the requirement of subparagraph (A) using funds from other Federal sources.

(3) Special rules

(A) In general

The Secretary may not require any eligible entity receiving a grant under this subpart to provide matching funds in an amount that exceeds the amount of the grant award.

(B) Consideration

Notwithstanding this subsection, the Secretary shall not consider the ability of an eligible entity to match funds when determining which applicants will receive grants under this subpart.

(e) Reservation for rural areas

(1) In general

From the amounts allocated under subsection (a) for grants to eligible entities, the Secretary shall use not less than 15 percent of such amounts to award grants to eligible entities that propose to carry out the activities described in such subsection in rural areas.

(2) Exception

The Secretary shall reduce the amount described in paragraph (1) if the Secretary does not receive a sufficient number of applications of sufficient quality.

(f) Minimum number of grants

For each fiscal year, the Secretary shall award under this subpart not fewer than 3 grants for activities described in section 7274 of this title and not fewer than 10 grants for activities described in section 7275 of this title, subject to the availability of appropriations, the requirements of subsection (a)(2), and the number and quality of applications.

(Pub. L. 89–10, title IV, §4623, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2024.)

Editorial Notes

Prior Provisions

Prior sections 7273 to 7273e were repealed by Pub. L. 114–95, §5, title IV, §4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Section 7273, Pub. L. 89–10, title V, §5561, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1856, related to purposes.

Section 7273a, Pub. L. 89–10, title V, §5562, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1857, authorized grants.

Section 7273b, Pub. L. 89–10, title V, §5563, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1857; amended Pub. L. 108–446, title III, §305(g)(3), Dec. 3, 2004, 118 Stat. 2805, related to applications.

Section 7273c, Pub. L. 89–10, title V, §5564, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1858, related to uses of funds.

Section 7273d, Pub. L. 89–10, title V, §5565, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1859, related to administrative provisions.

Section 7273e, Pub. L. 89–10, title V, §5566, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1861, related to local family information centers.

Statutory Notes and Related Subsidiaries

Effective Date

§7274. Promise neighborhoods

(a) Application requirements

An eligible entity desiring a grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including, at a minimum, all of the following:

(1) A plan to significantly improve the academic outcomes of children living in a neighborhood that is served by the eligible entity—

(A) by providing pipeline services that address the needs of children in the neighborhood, as identified by the needs analysis described in paragraph (4); and

(B) that is supported by effective practices.

(2) A description of the neighborhood that the eligible entity will serve.

(3) Measurable annual objectives and outcomes for the grant, in accordance with the metrics described in subsection (h), for each year of the grant.

(4) An analysis of the needs and assets of the neighborhood identified in paragraph (1), including—

(A) the size and scope of the population affected;

(B) a description of the process through which the needs analysis was produced, including a description of how parents, families, and community members were engaged in such analysis;

(C) an analysis of community assets and collaborative efforts (including programs already provided from Federal and non-Federal sources) within, or accessible to, the neighborhood, including, at a minimum, early learning opportunities, family and student supports, local businesses, local educational agencies, and institutions of higher education;

(D) the steps that the eligible entity is taking, at the time of the application, to address the needs identified in the needs analysis; and

(E) any barriers the eligible entity, public agencies, and other community-based organizations have faced in meeting such needs.

(5) A description of—

(A) all information that the entity used to identify the pipeline services to be provided, which shall not include information that is more than 3 years old; and

(B) how the eligible entity will—

(i) collect data on children served by each pipeline service; and

(ii) increase the percentage of children served over time.

(6) A description of the process used to develop the application, including the involvement of family and community members.

(7) A description of how the pipeline services will facilitate the coordination of the following activities:

(A) Providing early learning opportunities for children, including by—

(i) providing opportunities for families to acquire the skills to promote early learning and child development; and

(ii) ensuring appropriate diagnostic assessments and referrals for children with disabilities and children aged 3 through 9 experiencing developmental delays, consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), where applicable.

(B) Supporting, enhancing, operating, or expanding rigorous, comprehensive, effective educational improvements, which may include high-quality academic programs, expanded learning time, and programs and activities to prepare students for postsecondary education admissions and success.

(C) Supporting partnerships between schools and other community resources with an integrated focus on academics and other social, health, and familial supports.

(D) Providing social, health, nutrition, and mental health services and supports, for children, family members, and community members, which may include services provided within the school building.

(E) Supporting evidence-based programs that assist students through school transitions, which may include expanding access to postsecondary education courses and postsecondary education enrollment aid or guidance, and other supports for at-risk youth.

(8) A description of the strategies that will be used to provide pipeline services (including a description of which programs and services will be provided to children, family members, community members, and children within the neighborhood) to support the purpose described in section 7271(1) of this title.

(9) An explanation of the process the eligible entity will use to establish and maintain family and community engagement, including—

(A) involving representative participation by the members of such neighborhood in the planning and implementation of the activities of each grant awarded under this subpart for activities described in this section;

(B) the provision of strategies and practices to assist family and community members in actively supporting student achievement and child development;

(D) collaboration with institutions of higher education, workforce development centers, and employers to align expectations and programming with postsecondary education and workforce readiness,

(10) An explanation of how the eligible entity will continuously evaluate and improve the continuum of high-quality pipeline services to provide for continuous program improvement and potential expansion.

(b) Priority

In awarding grants for activities described in this section, the Secretary shall give priority to eligible entities that will use funds under subsection (d) for evidence-based activities, which, for purposes of this subsection, is defined as activities meeting the requirements of section 7801(21)(A)(i) of this title.

(c) Memorandum of understanding

As eligible entity shall, as part of the application described in subsection (a), submit a preliminary memorandum of understanding, signed by each partner entity or agency described in section 7272(1)(A)(3) of this title (if applicable) and detailing each partner's financial, programmatic, and long-term commitment with respect to the strategies described in the application.

(d) Uses of funds

Each eligible entity that receives a grant under this subpart to carry out a program of activities described in this section shall use the grant funds to—

(1) support planning activities to develop and implement pipeline services;

(2) implement the pipeline services; and

(3) continuously evaluate the success of the program and improve the program based on data and outcomes.

(e) Special rules

(1) Funds for pipeline services

Each eligible entity that receives a grant under this subpart for activities described in this section shall, for the first year of the grant, use not less than 50 percent of the grant funds, and, for the second year of the grant, use not less than 25 percent of the grant funds, to carry out the activities described in subsection (d)(1).

(2) Operational flexibility

Each eligible entity that operates a school in a neighborhood served by a grant program under this subpart for activities described in this section shall provide such school with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under subsection (a).

(3) Limitation on use of funds for early childhood education programs

Funds provided under this subpart for activities described in this section that are used to improve early childhood education programs shall not be used to carry out any of the following activities:

(A) Assessments that provide rewards or sanctions for individual children or teachers.

(B) A single assessment that is used as the primary or sole method for assessing program effectiveness.

(C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement.

(f) Report

Each eligible entity that receives a grant under this subpart for activities described in this section shall prepare and submit an annual report to the Secretary, which shall include—

(1) information about the number and percentage of children in the neighborhood who are served by the grant program, including a description of the number and percentage of children accessing each support or service offered as part of the pipeline services; and

(2) information relating to the performance metrics described in subsection (h).

(g) Publicly available data

Each eligible entity that receives a grant under this subpart for activities described in this section shall make publicly available, including through electronic means, the information described in subsection (f). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood served under the grant, and such information shall be a part of statewide longitudinal data systems.

(h) Performance indicators

(1) In general

The Secretary shall establish performance indicators under paragraph (2) and corresponding metrics to be used for the purpose of reporting under paragraph (3) and program evaluation under subsection (i).

(2) Indicators

The performance indicators established by the Secretary under paragraph (1) shall be indicators of improved academic and developmental outcomes for children, including indicators of school readiness, high school graduation, postsecondary education and career readiness, and other academic and developmental outcomes, to promote—

(A) data-driven decision-making by eligible entities receiving funds under this subpart; and

(B) access to a community-based continuum of high-quality services for children living in the most distressed communities of the United States, beginning at birth.

(3) Reporting

Each eligible entity that receives a grant under this subpart for activities described in this section shall annually collect and report to the Secretary data on the performance indicators described in paragraph (2) for use by the Secretary in making a determination concerning continuation funding and grant extension under section 7273(b) of this title for each eligible entity.

(i) Evaluation

The Secretary shall reserve not more than 5 percent of the funds made available under section 7251(b)(2)(A) of this title to provide technical assistance and evaluate the implementation and impact of the activities funded under this section, in accordance with section 7981 of this title.

(Pub. L. 89–10, title IV, §4624, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2026.)

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in subsec. (a)(7)(A)(ii), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

§7275. Full-service community schools

(a) Application

An eligible entity that desires a grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following:

(1) A description of the eligible entity.

(2) A memorandum of understanding among all partner entities in the eligible entity that will assist the eligible entity to coordinate and provide pipeline services and that describes the roles the partner entities will assume.

(3) A description of the capacity of the eligible entity to coordinate and provide pipeline services at 2 or more full-service community schools.

(4) A comprehensive plan that includes descriptions of the following:

(A) The student, family, and school community to be served, including demographic information.

(B) A needs assessment that identifies the academic, physical, nonacademic, health, mental health, and other needs of students, families, and community residents.

(C) Annual measurable performance objectives and outcomes, including an increase in the number and percentage of families and students targeted for services each year of the program, in order to ensure that children are—

(i) prepared for kindergarten;

(ii) achieving academically; and

(iii) safe, healthy, and supported by engaged parents.

(D) Pipeline services, including existing and additional pipeline services, to be coordinated and provided by the eligible entity and its partner entities, including an explanation of—

(i) why such services have been selected;

(ii) how such services will improve student academic achievement; and

(iii) how such services will address the annual measurable performance objectives and outcomes established under subparagraph (C).

(E) Plans to ensure that each full-service community school site has a full-time coordinator of pipeline services at such school, including a description of the applicable funding sources, plans for professional development for the personnel managing, coordinating, or delivering pipeline services, and plans for joint utilization and management of school facilities.

(F) Plans for annual evaluation based upon attainment of the performance objectives and outcomes described in subparagraph (C).

(G) Plans for sustaining the programs and services described in this subsection after the grant period.

(5) An assurance that the eligible entity and its partner entities will focus services on schools eligible for a schoolwide program under section 6314(b) of this title.

(b) Priority

In awarding grants under this subpart for activities described in this section, the Secretary shall give priority to eligible entities that—

(1)(A) will serve a minimum of 2 or more full-service community schools eligible for a schoolwide program under section 6314(b) of this title, as part of a community- or district-wide strategy; or

(B) include a local educational agency that satisfies the requirements of—

(i) subparagraph (A), (B), or (C) of section 7345(b)(1) of this title; or

(ii) subparagraphs (A) and (B) of section 7351(b)(1) of this title;

(2) are consortiums comprised of a broad representation of stakeholders or consortiums demonstrating a history of effectiveness; and

(3) will use funds for evidence-based activities described in subsection (e), defined for purposes of this paragraph as activities meeting the requirements of section 7801(21)(A)(i) of this title.

(c) Planning

The Secretary may authorize an eligible entity receiving a grant under this subpart for activities described in this section to use not more than 10 percent of the total amount of grant funds for planning purposes during the first year of the grant.

(d) Minimum amount

The Secretary may not award a grant under this subpart for activities described in this section to an eligible entity in an amount that is less than $75,000 for each year of the grant period, subject to the availability of appropriations.

(e) Use of funds

Grants awarded under this subpart for activities described in this section shall be used to—

(1) coordinate not less than 3 existing pipeline services, as of the date of the grant award, and provide not less than 2 additional pipeline services, at 2 or more public elementary schools or secondary schools;

(2) to the extent practicable, integrate multiple pipeline services into a comprehensive, coordinated continuum to achieve the annual measurable performance objectives and outcomes under subsection (a)(4)(C) to meet the holistic needs of children; and

(3) if applicable, coordinate and integrate services provided by community-based organizations and government agencies with services provided by specialized instructional support personnel.

(f) Evaluations by the institute of education sciences

The Secretary, acting through the Director of the Institute of Education Sciences, shall conduct evaluations of the effectiveness of grants under this subpart for activities described in this section in achieving the purpose described in section 7271(2) of this title.

(g) Evaluations by grantees

The Secretary shall require each eligible entity receiving a grant under this subpart for activities described in this section to—

(1) conduct annual evaluations of the progress achieved with the grant toward the purpose described in section 7271(2) of this title;

(2) use such evaluations to refine and improve activities carried out through the grant and the annual measurable performance objectives and outcomes under subsection (a)(4)(C); and

(3) make the results of such evaluations publicly available, including by providing public notice of such availability.

(h) Construction clause

Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

(i) Supplement, not supplant

Funds made available to an eligible entity through a grant under this subpart for activities described in this section may be used only to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this section.

(Pub. L. 89–10, title IV, §4625, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2029.)

Editorial Notes

Prior Provisions

Prior sections 7275, 7277 to 7277e, and 7279 to 7279e were repealed by Pub. L. 114–95, §5, title IV, §4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Section 7275, Pub. L. 89–10, title V, §5571, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1861, related to grants to combat the impact of experiencing or witnessing domestic violence on elementary and secondary school children.

Section 7277, Pub. L. 89–10, title V, §5581, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1863, authorized grant program.

Section 7277a, Pub. L. 89–10, title V, §5582, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1863, related to State uses of funds.

Section 7277b, Pub. L. 89–10, title V, §5583, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1864, related to local uses of funds.

Section 7277c, Pub. L. 89–10, title V, §5584, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1865, related to report to Congress.

Section 7277d, Pub. L. 89–10, title V, §5585, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1865, related to limitations.

Section 7277e, Pub. L. 89–10, title V, §5586, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1865, defined term "healthy, high-performance school building".

Section 7279, Pub. L. 89–10, title V, §5591, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1865, authorized grant program.

Section 7279a, Pub. L. 89–10, title V, §5592, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1865, related to uses of funds.

Section 7279b, Pub. L. 89–10, title V, §5593, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1866, related to allotments to States.

Section 7279c, Pub. L. 89–10, title V, §5594, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1866, related to subgrants to local educational agencies.

Section 7279d, Pub. L. 89–10, title V, §5595, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1866, defined term "capital expenses".

Section 7279e, Pub. L. 89–10, title V, §5596, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1866, terminated authority effective Oct. 1, 2003.

Statutory Notes and Related Subsidiaries

Effective Date

subpart 3—national activities for school safety

§7281. National activities for school safety

(a) Program authorized

(1) In general

From the funds reserved under section 7251(b)(1) of this title, the Secretary—

(A) shall use a portion of such funds for the Project School Emergency Response to Violence program (in this section referred to as "Project SERV"), in order to provide education-related services to eligible entities; and

(B) may use a portion of such funds to carry out other activities to improve students' safety and well-being, during and after the school day, under this section directly or through grants, contracts, or cooperative agreements with public or private entities or individuals, or other Federal agencies, such as providing technical assistance to States and local educational agencies carrying out activities under this section or conducting a national evaluation.

(2) Availability

Amounts reserved under section 7251(b)(1) of this title for Project SERV are authorized to remain available until expended for Project SERV.

(b) Project SERV

(1) Additional use of funds

Funds made available under subsection (a) for extended services grants under Project SERV may be used by an eligible entity to initiate or strengthen violence prevention activities as part of the activities designed to restore the learning environment that was disrupted by the violent or traumatic crisis in response to which the grant was awarded.

(2) Application process

(A) In general

An eligible entity desiring to use a portion of extended services grant funds under Project SERV to initiate or strengthen a violence prevention activity shall—

(i) submit, in an application that meets all requirements of the Secretary for Project SERV, the information described in subparagraph (B); or

(ii) in the case of an eligible entity that has already received an extended services grant under Project SERV, submit an addition to the original application that includes the information described in subparagraph (B).

(B) Application requirements

An application, or addition to an application, for an extended services grant pursuant to subparagraph (A) shall include the following:

(i) A demonstration of the need for funds due to a continued disruption or a substantial risk of disruption to the learning environment.

(ii) An explanation of the proposed activities that are designed to restore and preserve the learning environment.

(iii) A budget and budget narrative for the proposed activities.

(3) Award basis

Any award of funds under Project SERV for violence prevention activities under this section shall be subject to the discretion of the Secretary and the availability of funds.

(4) Prohibited use

No funds provided to an eligible entity for violence prevention activities may be used for construction, renovation, or repair of a facility or for the permanent infrastructure of the eligible entity.

(c) Definition of eligible entity

In this section, the term "eligible entity" means—

(1) a local educational agency, as defined in subparagraph (A), (B), or (C) of section 7801(30) of this title, or institution of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis; or

(2) the Bureau of Indian Education in a case where the learning environment of a school operated or funded by the Bureau, including a school meeting the definition of a local educational agency under section 7801(30)(C) of this title, has been disrupted due to a violent or traumatic crisis.

(Pub. L. 89–10, title IV, §4631, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2032.)

Editorial Notes

Prior Provisions

Prior sections 7281 to 7281b and 7283 to 7283g were repealed by Pub. L. 114–95, §5, title IV, §4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Section 7281, Pub. L. 89–10, title V, §5601, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1866, authorized Secretary to provide additional assistance to meet special circumstances.

Section 7281a, Pub. L. 89–10, title V, §5602, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1866, related to eligibility.

Section 7281b, Pub. L. 89–10, title V, §5603, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1867, related to maximum amount.

Section 7283, Pub. L. 89–10, title V, §5611, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1867, provided that subpart 21 of subpart D of former subchapter V of this chapter could be cited as the "Women's Educational Equity Act of 2001" and related to findings.

Section 7283a, Pub. L. 89–10, title V, §5612, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1868, related to statement of purpose.

Section 7283b, Pub. L. 89–10, title V, §5613, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1868; amended Pub. L. 107–279, title IV, §404(d)(7), Nov. 5, 2002, 116 Stat. 1986, authorized program.

Section 7283c, Pub. L. 89–10, title V, §5614, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1871, related to applications.

Section 7283d, Pub. L. 89–10, title V, §5615, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1871; amended Pub. L. 107–279, title IV, §404(d)(5)(D), (8), Nov. 5, 2002, 116 Stat. 1986, related to criteria and priorities.

Section 7283e, Pub. L. 89–10, title V, §5616, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1872, related to report requirement.

Section 7283f, Pub. L. 89–10, title V, §5617, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1872, related to administration.

Section 7283g, Pub. L. 89–10, title V, §5618, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1873, related to amounts to be used to carry out certain activities.

Statutory Notes and Related Subsidiaries

Effective Date

subpart 4—academic enrichment

§7291. Awards for academic enrichment

(a) Program authorized

From funds reserved under section 7251(b)(2)(C) of this title, the Secretary shall award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for the purposes of enriching the academic experience of students by promoting—

(1) arts education for disadvantaged students and students who are children with disabilities, as described in section 7292 of this title;

(2) school readiness through the development and dissemination of accessible instructional programming for preschool and elementary school children and their families, as described in section 7293 of this title; and

(3) support for high-ability learners and high-ability learning, as described in section 7294 of this title.

(b) Annual awards

The Secretary shall annually make awards to fulfill each of the purposes described in paragraphs (1) through (3) of subsection (a).

(Pub. L. 89–10, title IV, §4641, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2033.)

Statutory Notes and Related Subsidiaries

Effective Date

§7292. Assistance for arts education

(a) Awards to provide assistance for arts education

(1) In general

Awards made to eligible entities to fulfill the purpose described in section 7291(a)(1) of this title, shall be used for a program (to be known as the "Assistance for Arts Education program") to promote arts education for students, including disadvantaged students and students who are children with disabilities, through activities such as—

(A) professional development for arts educators, teachers, and principals;

(B) development and dissemination of accessible instructional materials and arts-based educational programming, including online resources, in multiple arts disciplines; and

(C) community and national outreach activities that strengthen and expand partnerships among schools, local educational agencies, communities, or centers for the arts, including national centers for the arts.

(b) Conditions

As conditions of receiving assistance made available under this section, the Secretary shall require each eligible entity receiving such assistance—

(1) to coordinate, to the extent practicable, each project or program carried out with such assistance with appropriate activities of public or private cultural agencies, institutions, and organizations, including museums, arts education associations, libraries, and theaters; and

(2) to use such assistance only to supplement, and not to supplant, any other assistance or funds made available from non-Federal sources for the activities assisted under this subpart.

(c) Consultation

In carrying out this section, the Secretary shall consult with Federal agencies or institutions, arts educators (including professional arts education associations), and organizations representing the arts (including State and local arts agencies involved in arts education).

(d) Priority

In awarding grants under this section, the Secretary shall give priority to eligible entities that are eligible national nonprofit organizations.

(e) Definitions

In this section:

(1) Eligible entity

The term "eligible entity" means—

(A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line;

(B) a consortium of such local educational agencies;

(D) an institution of higher education;

(E) a museum or cultural institution;

(F) the Bureau of Indian Education;

(G) an eligible national nonprofit organization; or

(H) another private agency, institution, or organization.

(2) Eligible national nonprofit organization

The term "eligible national nonprofit organization" means an organization of national scope that—

(A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and

(B) demonstrates effectiveness or high-quality plans for addressing arts education activities for disadvantaged students or students who are children with disabilities.

(Pub. L. 89–10, title IV, §4642, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2033.)

Statutory Notes and Related Subsidiaries

Effective Date

§7293. Ready to learn programming

(a) Awards to promote school readiness through ready to learn programming

(1) In general

Awards made to eligible entities described in paragraph (3) to fulfill the purpose described in section 7291(a)(2) of this title shall—

(A) be known as "Ready to Learn Programming awards"; and

(B) be used to—

(i) develop, produce, and distribute accessible educational and instructional video programming for preschool and elementary school children and their parents in order to facilitate student academic achievement;

(ii) facilitate the development, directly or through contracts with producers of children's 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;

(iii) facilitate the development of programming and digital content containing Ready-to-Learn programming and resources for parents and caregivers that is specially designed for nationwide distribution over public television stations' digital broadcasting channels and the Internet;

(iv) contract with entities (such as public telecommunications entities) so that programming developed under this section is 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

(v) 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 clauses (ii) and (iii) among parents, family members, teachers, principals and other school leaders, Head Start providers, providers of family literacy services, child care providers, early childhood educators, elementary school teachers, public libraries, and after-school program personnel caring for preschool and elementary school children.

(2) Availability

In awarding or entering into grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities described in paragraph (3) make programming widely available, with support materials as appropriate, to young children, parents, child care workers, Head 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 agreement 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.

(C) A capacity, consistent with the entity's mission and 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 use of high-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 State training activities funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) [42 U.S.C. 9857 et seq.], regarding the availability and utilization of materials developed under paragraph (1)(B)(v) 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), an entity shall submit to the Secretary an application at such time and in such manner as the Secretary may reasonably require. The application shall include—

(1) a description of the activities to be carried out under this section;

(2) a list of the types of entities with which such entity will enter into contracts under subsection (a)(1)(B)(iv);

(3) a description of the activities the entity will undertake widely to disseminate the content developed under this section; and

(4) a description of how the entity will comply with subsection (a)(2).

(c) Reports and evaluations

(1) Annual report to Secretary

An entity receiving a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report. 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 programming.

(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.

(C) The means by which programming developed under this 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 Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a biannual report that includes the following:

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

(B) A description of the education and training materials made available under subsection (a)(1)(B)(v), 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) Funding rule

Not less than 60 percent of the amount used by the Secretary to carry out this section for each fiscal year shall be used to carry out activities under clauses (ii) through (iv) of subsection (a)(1)(B).

(Pub. L. 89–10, title IV, §4643, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2034.)

Editorial Notes

References in Text

The Head Start Act, referred to in subsec. (a)(4)(B), is subchapter B (§635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§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 (§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, §5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to subchapter II–B (§9857 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 9857(a) of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

§7294. Supporting high-ability learners and learning

(a) Purpose

The purpose of this section is to promote and initiate a coordinated program, to be known as the "Jacob K. Javits Gifted and Talented Students Education Program", of evidence-based research, demonstration projects, innovative strategies, and similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to identify gifted and talented students and meet their special educational needs.

(b) Program authorized

(1) In general

The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall make awards to, or enter into contracts with, State educational agencies, local educational agencies, the Bureau of Indian Education, institutions of higher education, other public agencies, and other private agencies and organizations to assist such agencies, institutions, or organizations, or the Bureau, in carrying out programs or projects to fulfill the purpose described in section 7291(a)(3) of this title, including the training of personnel in the identification and education of gifted and talented students and in the use, where appropriate, of gifted and talented services, materials, and methods for all students.

(2) Application

Each entity seeking assistance under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Each application shall describe how—

(A) the proposed identification methods, as well as gifted and talented services, materials, and methods, can be adapted, if appropriate, for use by all students; and

(B) the proposed programs can be evaluated.

(c) Uses of funds

Programs and projects assisted under this section may include any of the following:

(1) Conducting evidence-based research on methods and techniques for identifying and teaching gifted and talented students and for using gifted and talented programs and methods to identify and provide the opportunity for all students to be served, particularly low-income and at-risk students.

(2) Establishing and operating programs and projects for identifying and serving gifted and talented students, including innovative methods and strategies (such as summer programs, mentoring programs, peer tutoring programs, service learning programs, and cooperative learning programs involving business, industry and education) for identifying and educating students who may not be served by traditional gifted and talented programs.

(3) Providing technical assistance and disseminating information, which may include how gifted and talented programs and methods may be adapted for use by all students, particularly low-income and at-risk students.

(d) Center for research and development

(1) In general

The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall establish a National Research Center for the Education of Gifted and Talented Children and Youth through grants to, or contracts with, one or more institutions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies and other public or private agencies and organizations, for the purpose of carrying out activities described in subsection (c).

(2) Director

The National Center shall be headed by a Director. The Secretary may authorize the Director to carry out such functions of the National Center as may be agreed upon through arrangements with institutions of higher education, State educational agencies, local educational agencies, or other public or private agencies and organizations.

(e) Coordination

Evidence-based activities supported under this section—

(1) shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by the Institute; and

(2) may include collaborative evidence-based activities that are jointly funded and carried out with such Institute.

(f) General priority

In carrying out this section, the Secretary shall give highest priority to programs and projects designed to—

(1) develop new information that—

(A) improves the capability of schools to plan, conduct, and improve programs to identify and serve gifted and talented students; or

(B) assists schools in the identification of, and provision of services to, gifted and talented students (including economically disadvantaged individuals, individuals who are English learners, and children with disabilities) who may not be identified and served through traditional assessment methods; or

(2) implement evidence-based activities, defined in this paragraph as activities meeting the requirements of section 7801(21)(A)(i) of this title.

(g) Participation of private school children and teachers

In making grants and entering into contracts under this section, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such students.

(h) Review, dissemination, and evaluation

The Secretary shall—

(1) use a peer-review process in reviewing applications under this section;

(2) ensure that information on the activities and results of programs and projects funded under this section is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations, including private nonprofit organizations; and

(3) evaluate the effectiveness of programs under this section in accordance with section 7981 of this title, in terms of the impact on students traditionally served in separate gifted and talented programs and on other students, and submit the results of such evaluation to Congress not later than 2 years after December 10, 2015.

(i) Program operations

The Secretary shall ensure that the programs under this section are administered within the Department by a person who has recognized professional qualifications and experience in the field of the education of gifted and talented students and who shall—

(1) administer and coordinate the programs authorized under this section;

(2) serve as a focal point of national leadership and information on the educational needs of gifted and talented students and the availability of educational services and programs designed to meet such needs;

(3) assist the Director of the Institute of Education Sciences in identifying research priorities that reflect the needs of gifted and talented students; and

(4) disseminate, and consult on, the information developed under this section with other offices within the Department.

(Pub. L. 89–10, title IV, §4644, as added Pub. L. 114–95, title IV, §4601, Dec. 10, 2015, 129 Stat. 2037.)

Editorial Notes

Prior Provisions

Prior sections 7301 to 7301b were repealed by Pub. L. 114–95, §5, title V, §5001(b)(1), Dec. 10, 2015, 129 Stat. 1806, 2040, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Section 7301, Pub. L. 89–10, title V, §6111, formerly title VI, §6111, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1873; renumbered title V, §6111, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to grants for State assessments and related activities.

A prior section 7301, Pub. L. 89–10, title VI, §6001, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3707, set forth findings and purpose, prior to the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.

Section 7301a, Pub. L. 89–10, title V, §6112, formerly title VI, §6112, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1874; renumbered title V, §6112, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to grants for enhanced assessment instruments.

Section 7301b, Pub. L. 89–10, title V, §6113, formerly title VI, §6113, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1875; renumbered title V, §6113, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to funding.

Prior sections 7302 and 7303 were omitted in the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.

Section 7302, Pub. L. 89–10, title VI, §6002, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3707, related to authorization of appropriations and duration of assistance.

Section 7303, Pub. L. 89–10, title VI, §6003, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3707, defined "effective schools programs".