SUBCHAPTER X—PROGRAMS OF NATIONAL SIGNIFICANCE

Part A—Fund for the Improvement of Education

§8001. Fund for the improvement of education

(a) Fund authorized

From funds appropriated under subsection (d) of this section, the Secretary is authorized to support nationally significant programs and projects to improve the quality of education, assist all students to meet challenging State content standards and challenging State student performance standards, and contribute to achievement of the National Education Goals. The Secretary is authorized to carry out such programs and projects directly or through grants to, or contracts with, State and local educational agencies, institutions of higher education, and other public and private agencies, organizations, and institutions.

(b) Uses of funds

(1) In general

Funds under this section may be used for—

(A) activities that will promote systemic education reform at the State and local levels, such as—

(i) research and development related to challenging State content and challenging State student performance standards;

(ii) the development and evaluation of model strategies for—

(I) assessment of student learning;

(II) professional development for teachers and administrators;

(III) parent and community involvement; and

(IV) other aspects of systemic reform;

(iii) developing and evaluating strategies for eliminating ability-grouping practices, and developing policies and programs that place all students on a college-preparatory path of study, particularly in academic fields such as mathematics, science, English, and social studies, including comprehensive inservice programs for teachers and pupil services personnel and academic enrichment programs that supplement regular courses for students;

(iv) developing and evaluating programs that directly involve parents and family members in the academic progress of their children;

(v) developing and evaluating strategies for integrating instruction and assessment such that teachers and administrators can focus on what students should know and be able to do at particular grade levels, which instruction shall promote the synthesis of knowledge, encourage the development of problem-solving skills drawing on a vast range of disciplines, and promote the development of higher order thinking by all students; and

(vi) developing and evaluating strategies for supporting professional development for teachers across all disciplines and for pupil services personnel, guidance counselors, and administrators, including inservice training that improves the skills of pupil services personnel, counselors and administrators for working with students from diverse populations;

(B) demonstrations at the State and local levels that are designed to yield nationally significant results, including approaches to public school choice and school-based decisionmaking;

(C) joint activities with other agencies to assist the effort to achieve the National Education Goals, including activities related to improving the transition from preschool to school and from school to work, as well as activities related to the integration of education and health and social services;

(D) activities to promote and evaluate counseling and mentoring for students, including intergenerational mentoring;

(E) activities to promote and evaluate coordinated pupil services programs;

(F) activities to promote comprehensive health education;

(G) activities to promote environmental education;

(H) activities to promote consumer, economic, and personal finance education, such as saving, investing, and entrepreneurial education;

(I) activities to promote programs to assist students to demonstrate competence in foreign languages;

(J) studies and evaluation of various education reform strategies and innovations being pursued by the Federal Government, States, and local educational agencies;

(K) activities to promote metric education;

(L) the identification and recognition of exemplary schools and programs, such as Blue Ribbon Schools;

(M) programs designed to promote gender equity in education by evaluating and eliminating gender bias in instruction and educational materials, identifying, and analyzing gender inequities in educational practices, and implementing and evaluating educational policies and practices designed to achieve gender equity;

(N) programs designed to reduce excessive student mobility, retain students who move within a school district at the same school, educate parents about the effect of mobility on a child's education and encourage parents to participate in school activities;

(O) experiential-based learning, such as service-learning;

(P) the development and expansion of public-private partnership programs which extend the learning experience, via computers, beyond the classroom environment into student homes through such programs as the Buddy System Computer Project;

(Q) other programs and projects that meet the purposes of this section;

(R) activities to promote child abuse education and prevention programs;

(S) activities to raise standards and expectations for academic achievement among all students, especially disadvantaged students traditionally underserved in schools;

(T) activities to provide the academic support, enrichment and motivation to enable all students to reach such standards;

(U) demonstrations relating to the planning and evaluations of the effectiveness of projects under which local educational agencies or schools contract with private management organizations to reform a school or schools;

(V) demonstrations that are designed to test whether prenatal and counseling provided to pregnant students may have a positive effect on pregnancy outcomes, with such education and counseling emphasizing the importance of prenatal care, the value of sound diet and nutrition habits, and the harmful effects of smoking, alcohol, and substance abuse on fetal development;

(W) programs under section 8002 of this title;

(X) programs under section 8003 of this title;

(Y) programs under section 8004 of this title; and

(Z) programs under section 8005 of this title; ¹

(2) Additional uses

The Secretary may also use funds under this section to complete the project periods for direct grants or contracts awarded under the provisions of this Act, the Fund for the Improvement and Reform of Schools and Teaching Act, or title III of the Education for Economic Security Act [20 U.S.C. 3981 et seq.], as such Acts were in effect on the day preceding October 20, 1994.

(3) Special rule

The Secretary shall not make available more than $1,000,000 to carry out paragraph (1)(R), nor more than $1,000,000 to carry out paragraph (1)(V) during the period beginning on October 1, 1994, through September 30, 1999.

(c) Awards

(1) In general

The Secretary may—

(A) make awards under this section on the basis of competitions announced by the Secretary; and

(B) support meritorious unsolicited proposals.

(2) Special rule

The Secretary shall ensure that programs, projects, and activities supported under this section are designed so that the effectiveness of such programs, projects, and activities is readily ascertainable.

(3) Peer review

The Secretary shall use a peer review process in reviewing applications for assistance under this section and may use funds appropriated under subsection (d) of this section for the cost of such peer review.

(d) Authorization

For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.

(Pub. L. 89–10, title X, §10101, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3809; amended Pub. L. 104–134, title I, §101(d) [title VII, §703(b)(4)], Apr. 26, 1996, 110 Stat. 1321–211, 1321-255; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.)

References in Text

This Act, as in effect on the day preceding October 20, 1994, referred to in subsec. (b)(2), is Pub. L. 89–10, as added by Pub. L. 100–297, title I, §1001, Apr. 28, 1988, 102 Stat. 140, as amended, known as the Elementary and Secondary Education Act of 1965, which was classified generally to chapter 47 (§2701 et seq.) of this title prior to the general amendment of that Act by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519.

The Fund for the Improvement and Reform of Schools and Teaching Act, as in effect on the day preceding October 20, 1994, referred to in subsec. (b)(2), is part B (§§3201–3243) of title III of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 338, which was classified generally to chapter 60 (§4801 et seq.) of this title, prior to repeal by Pub. L. 103–382, title III, §365, Oct. 20, 1994, 108 Stat. 3975.

The Education for Economic Security Act, referred to in subsec. (b)(2), is Pub. L. 98–377, Aug. 11, 1984, 98 Stat. 1267, as amended. Title III of the Act, as in effect on the day preceding October 20, 1994, is classified generally to subchapter III (§3981 et seq.) of chapter 52 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

Amendments

1996—Subsec. (b)(1)(A)(i). Pub. L. 104–134 struck out "and opportunity-to-learn standards or strategies for student learning" after "student performance standards".

¹ So in original. The semicolon probably should be a period.

§8002. Elementary school counseling demonstration

(a) Counseling demonstration

(1) In general

The Secretary may award grants under this section to establish or expand elementary school counseling programs.

(2) Priority

In awarding grants under this section, the Secretary shall give special consideration to applications describing programs that—

(A) demonstrate the greatest need for new or additional counseling services among the children in the elementary schools served by the applicant;

(B) propose the most promising and innovative approaches for initiating or expanding elementary school counseling; and

(C) show the greatest potential for replication and dissemination.

(3) Equitable distribution

In awarding grants under this section, the Secretary shall ensure an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas.

(4) Duration

A grant under this section shall be awarded for a period not to exceed three years.

(5) Maximum grant

A grant under this section shall not exceed $400,000 for any fiscal year.

(b) Applications

(1) In general

Each local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

(2) Contents

Each application for a grant under this section shall—

(A) describe the elementary school population to be targeted by the program, the particular personal, social, emotional, educational, and career development needs of such population, and the current school counseling resources available for meeting such needs;

(B) describe the activities, services, and training to be provided by the program and the specific approaches to be used to meet the needs described in subparagraph (A);

(C) describe the methods to be used to evaluate the outcomes and effectiveness of the program;

(D) describe the collaborative efforts to be undertaken with institutions of higher education, businesses, labor organizations, community groups, social service agencies, and other public or private entities to enhance the program and promote school-linked services integration;

(E) describe collaborative efforts with institutions of higher education which specifically seek to enhance or improve graduate programs specializing in the preparation of elementary school counselors, school psychologists, and school social workers;

(F) document that the applicant has the personnel qualified to develop, implement, and administer the program;

(G) describe how any diverse cultural populations, if applicable, would be served through the program;

(H) assure that the funds made available under this part for any fiscal year will be used to supplement and, to the extent practicable, increase the level of funds that would otherwise be available from non-Federal sources for the program described in the application, and in no case supplant such funds from non-Federal sources; and

(I) assure that the applicant will appoint an advisory board composed of parents, school counselors, school psychologists, school social workers, other pupil services personnel, teachers, school administrators, and community leaders to advise the local educational agency on the design and implementation of the program.

(c) Use of funds

(1) In general

Grant funds under this section shall be used to initiate or expand elementary school counseling programs that comply with the requirements in paragraph (2).

(2) Program requirements

Each program assisted under this section shall—

(A) be comprehensive in addressing the personal, social, emotional, and educational needs of all students;

(B) use a developmental, preventive approach to counseling;

(C) increase the range, availability, quantity, and quality of counseling services in the elementary schools of the local educational agency;

(D) expand counseling services only through qualified school counselors, school psychologists, and school social workers;

(E) use innovative approaches to increase children's understanding of peer and family relationships, work and self, decisionmaking, academic and career planning, or to improve social functioning;

(F) provide counseling services that are well-balanced among classroom group and small group counseling, individual counseling, and consultation with parents, teachers, administrators, and other pupil services personnel;

(G) include inservice training for school counselors, school social workers, school psychologists, other pupil services personnel, teachers, and instructional staff;

(H) involve parents of participating students in the design, implementation, and evaluation of a counseling program;

(I) involve collaborative efforts with institutions of higher education, businesses, labor organizations, community groups, social service agencies, or other public or private entities to enhance the program and promote school-linked services integration; and

(J) evaluate annually the effectiveness and outcomes of the counseling services and activities assisted under this section.

(3) Report

The Secretary shall issue a report evaluating the programs assisted pursuant to each grant under this subsection at the end of each grant period in accordance with section 8941 of this title, but in no case later than January 30, 1998.

(4) Dissemination

The Secretary shall make the programs assisted under this section available for dissemination, either through the National Diffusion Network or other appropriate means.

(5) Limit on administration

Not more than five percent of the amounts made available under this section in any fiscal year shall be used for administrative costs to carry out this section.

(d) Definitions

For purposes of this section—

(1) the term "school counselor" means an individual who has documented competence in counseling children and adolescents in a school setting and who—

(A) possesses State licensure or certification granted by an independent professional regulatory authority;

(B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or

(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent;

(2) the term "school psychologist" means an individual who—

(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting;

(B) possesses State licensure or certification in the State in which the individual works; or

(C) in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board;

(3) the term "school social worker" means an individual who holds a master's degree in social work and is licensed or certified by the State in which services are provided or holds a school social work specialist credential; and

(4) the term "supervisor" means an individual who has the equivalent number of years of professional experience in such individual's respective discipline as is required of teaching experience for the supervisor or administrative credential in the State of such individual.

(Pub. L. 89–10, title X, §10102, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3812.)

Section Referred to in Other Sections

This section is referred to in section 8001 of this title.

§8003. Partnerships in character education pilot project

(a) Program authorized

(1) In general

The Secretary is authorized to make up to a total of ten grants annually to partnerships of State educational agencies and local educational agencies for the design and implementation of character education programs that incorporate the elements of character listed in subsection (d) of this section, as well as other character elements identified by applicants.

(2) Maximum amount of grant

No State educational agency shall receive more than a total of $1,000,000 in grants under this part.

(3) Duration

Each grant under this section shall be awarded for a period not to exceed five years, of which the State educational agency shall not use more than one year for planning and program design.

(b) State educational agency applications

(1) Requirement

Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require.

(2) Partnerships

Each State educational agency desiring a grant under this section shall form a partnership with at least one local educational agency to be eligible for funding. The partnership shall pursue State and local initiatives to meet the objectives of this section.

(3) Application

Each application under this section shall include—

(A) a list of the local educational agencies entering into the partnership with the State educational agency;

(B) a description of the goals of the partnership;

(C) a description of activities that will be pursued by the participating local educational agencies, including—

(i) how parents, students, and other members of the community, including members of private and nonprofit organizations, will be involved in the design and implementation of the program;

(ii) curriculum and instructional practices;

(iii) methods of teacher training and parent education that will be used or developed; and

(iv) examples of activities that will be carried out under this part;

(D) a description of how the State educational agency will provide technical and professional assistance to its local educational agency partners in the development and implementation of character education programs;

(E) a description of how the State educational agency will evaluate the success of local programs and how local educational agencies will evaluate the progress of their own programs;

(F) a description of how the State educational agency will assist other interested local educational agencies that are not members of the original partnership in designing and establishing programs;

(G) a description of how the State educational agency will establish a clearinghouse for information on model programs, materials, and other information the State and local educational agencies determine to be appropriate;

(H) an assurance that the State educational agency will annually provide to the Secretary such information as may be required to determine the effectiveness of the program; and

(I) any other information that the Secretary may require.

(4) Non-partner local educational agencies

Any local educational agency that was not a partner with the State when the application was submitted may become a partner by submitting an application for partnership to the State educational agency, containing such information that the State educational agency may require.

(c) Evaluation and program development

(1) Requirement

Each State educational agency receiving a grant under this section shall submit to the Secretary a comprehensive evaluation of the program assisted under this part, including the impact on students, teachers, administrators, parents, and others—

(A) by the mid-term of the program; and

(B) not later than one year after completion of such program.

(2) Contracts for evaluation

Each State educational agency receiving a grant under this section may contract with outside sources, including institutions of higher education, and private and nonprofit organizations, for purposes of evaluating their program and measuring the success of the program toward fostering in students the elements of character listed in subsection (b) of this section.

(3) Factors

Factors which may be considered in evaluating the success of the program may include—

(A) discipline problems;

(B) students' grades;

(C) participation in extracurricular activities;

(D) parental and community involvement;

(E) faculty and administration involvement; and

(F) student and staff morale.

(4) Materials and program development

Local educational agencies, after consulting with the State educational agency, may contract with outside sources, including institutions of higher education, and private and nonprofit organizations, for assistance in developing curriculum, materials, teacher training, and other activities related to character education.

(d) Elements of character

(1) In general

Applicants desiring funding under this part shall develop character education programs that incorporate the following elements of character:

(A) Caring.

(B) Civic virtue and citizenship.

(C) Justice and fairness.

(D) Respect.

(E) Responsibility.

(F) Trustworthiness.

(G) Any other elements deemed appropriate by the members of the partnership.

(2) Additional elements of character

A local educational agency participating under this section may, after consultation with schools and communities of such agency, define additional elements of character that the agency determines to be important to the schools and communities of such agency.

(e) Use of funds

Of the total funds received by a State educational agency in any fiscal year under this section—

(1) not more than 30 percent of such funds may be retained by the State educational agency, of which—

(A) not more than 10 percent of such funds may be used for administrative purposes; and

(B) the remainder of such funds may be used for—

(i) collaborative initiatives with local educational agencies;

(ii) the establishment of the clearinghouse, preparation of materials, teacher training; and

(iii) other appropriate activities; and

(2) the remaining of such funds shall be used to award subgrants to local educational agencies, of which—

(A) not more than 10 percent of such funds may be retained for administrative purposes; and

(B) the remainder of such funds may be used to—

(i) award subgrants to schools within the local educational agency; and

(ii) pursue collaborative efforts with the State educational agency.

(f) Selection of grantees

(1) Criteria

The Secretary shall select, through peer review, partnerships to receive grants under this section on the basis of the quality of the applications submitted under subsection (b) of this section, taking into consideration such factors as—

(A) the quality of the activities proposed by local educational agencies;

(B) the extent to which the program fosters in students the elements of character;

(C) the extent of parental, student, and community involvement;

(D) the number of local educational agencies involved in the effort;

(E) the quality of the plan for measuring and assessing success; and

(F) the likelihood that the goals of the program will be realistically achieved.

(2) Diversity of projects

The Secretary shall approve applications under this section in a manner that ensures, to the extent practicable, that programs assisted under this section—

(A) serve different areas of the Nation, including urban, suburban, and rural areas; and

(B) serve schools that serve minorities, Native Americans, students of limited-English proficiency, and disadvantaged students.

(Pub. L. 89–10, title X, §10103, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3815.)

Section Referred to in Other Sections

This section is referred to in section 8001 of this title.

§8004. Promoting scholar-athlete competitions

(a) In general

The Secretary is authorized to award a grant to a nonprofit organization to reimburse such organizations for the costs of conducting scholar-athlete games to be held in 1999.

(b) Priority

In awarding the grant under subsection (a) of this section, the Secretary shall give priority to a nonprofit organization that—

(1) is described in section 501(c)(3) of, and exempt from taxation under section 501(a) of, title 26, and is affiliated with a university capable of hosting a large educational, cultural, and athletic event that will serve as a national model;

(2) has the capability and experience in administering federally funded scholar-athlete games;

(3) has the ability to provide matching funds, on a dollar-for-dollar basis, from foundations and the private sector for the purpose of conducting a scholar-athlete program;

(4) has the organizational structure and capability to administer a model scholar-athlete program in the summer of 1999;

(5) has the organizational structure and expertise to replicate the scholar-athlete program in various venues throughout the United States internationally; ¹ and

(6) has plans for conducting scholar-athlete games after 1999 without Federal assistance.

(Pub. L. 89–10, title X, §10104, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3818; amended Pub. L. 105–332, §2, Oct. 31, 1998, 112 Stat. 3125.)

Amendments

1998—Subsec. (a). Pub. L. 105–332, §2(1), substituted "1999" for "1995".

Subsec. (b)(4). Pub. L. 105–332, §2(2)(A), substituted "1999" for "1995".

Subsec. (b)(5). Pub. L. 105–332, §2(2)(B), struck out "in 1996 and thereafter, as well as replicate such program" after "United States".

Subsec. (b)(6). Pub. L. 105–332, §2(2)(C), substituted "1999" for "1995".

Section Referred to in Other Sections

This section is referred to in section 8001 of this title.

¹ So in original.

§8005. Smaller learning communities

(a) In general

Each local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall describe—

(1) strategies and methods the applicant will use to create the smaller learning community or communities;

(2) curriculum and instructional practices, including any particular themes or emphases, to be used in the learning environment;

(3) the extent of involvement of teachers and other school personnel in investigating, designing, implementing and sustaining the smaller learning community or communities;

(4) the process to be used for involving students, parents and other stakeholders in the development and implementation of the smaller learning community or communities;

(5) any cooperation or collaboration among community agencies, organizations, businesses, and others to develop or implement a plan to create the smaller learning community or communities;

(6) the training and professional development activities that will be offered to teachers and others involved in the activities assisted under this part;

(7) the goals and objectives of the activities assisted under this part, including a description of how such activities will better enable all students to reach challenging State content standards and State student performance standards;

(8) the methods by which the applicant will assess progress in meeting such goals and objectives;

(9) if the smaller learning community or communities exist as a school-within-a-school, the relationship, including governance and administration, of the smaller learning community to the rest of the school;

(10) a description of the administrative and managerial relationship between the local educational agency and the smaller learning community or communities, including how such agency will demonstrate a commitment to the continuity of the smaller learning community or communities, including the continuity of student and teacher assignment to a particular learning community;

(11) how the applicant will coordinate or use funds provided under this part with other funds provided under this chapter or other Federal laws;

(12) grade levels or ages of students who will participate in the smaller learning community or communities; and

(13) the method of placing students in the smaller learning community or communities, such that students are not placed according to ability, performance or any other measure, so that students are placed at random or by their own choice, not pursuant to testing or other judgments.

(b) Authorized activities

Funds under this section may be used—

(1) to study the feasibility of creating the smaller learning community or communities as well as effective and innovative organizational and instructional strategies that will be used in the smaller learning community or communities;

(2) to research, develop and implement strategies for creating the smaller learning community or communities, as well as effective and innovative changes in curriculum and instruction, geared to high State content standards and State student performance standards;

(3) to provide professional development for school staff in innovative teaching methods that challenge and engage students to be used in the smaller learning community or communities; and

(4) to develop and implement strategies to include parents, business representatives, local institutions of higher education, community-based organizations, and other community members in the smaller learning communities, as facilitators of activities that enable teachers to participate in professional development activities, as well as to provide links between students and their community.

(Pub. L. 89–10, title X, §10105, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3818.)

Section Referred to in Other Sections

This section is referred to in section 8001 of this title.

§8006. National student and parent mock election

(a) In general

The Secretary is authorized to award grants to national nonprofit, nonpartisan organizations that work to promote voter participation in American elections to enable such organizations to carry out voter education activities for students and their parents. Such activities shall—

(1) be limited to simulated national elections that permit participation by students and parents from all 50 States in the United States; and

(2) consist of—

(A) school forums and local cable call-in shows on the national issues to be voted upon in an "issue forum";

(B) speeches and debates before students and parents by local candidates or stand-ins for such candidates;

(C) quiz team competitions, mock press conferences and speechwriting competitions;

(D) weekly meetings to follow the course of the campaign; or

(E) school and neighborhood campaigns to increase voter turnout, including newsletters, posters, telephone chains, and transportation.

(b) Requirement

Each organization receiving a grant under this section shall present awards to outstanding student and parent mock election projects.

(Pub. L. 89–10, title X, §10106, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3820.)

§8007. Model projects

(a) Program authorized

The Secretary is authorized to award grants to cultural institutions to enable such institutions to develop and expand model projects of outreach activities for at-risk children in the communities served by such institutions, including activities which integrate such institution's cultural programming with other disciplines, including environmental, mathematics, and science programs.

(b) Priority

In awarding grants under this section the Secretary shall give priority to activities that are part of an overall State, local, and private commitment, seek to improve learning for at-risk youth, and are substantially funded by State, local, or private funds.

(Pub. L. 89–10, title X, §10107, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3820.)

Part B—Gifted and Talented Children

§8031. Short title

This part may be cited as the "Jacob K. Javits Gifted and Talented Students Education Act of 1994".

(Pub. L. 89–10, title X, §10201, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3820.)

§8032. Findings and purposes

(a) Findings

The Congress finds and declares that—

(1) all students can learn to high standards and must develop their talents and realize their potential if the United States is to prosper;

(2) gifted and talented students are a national resource vital to the future of the Nation and its security and well-being;

(3) too often schools fail to challenge students to do their best work, and students who are not challenged will not learn to challenging State content standards and challenging State student performance standards, fully develop their talents, and realize their potential;

(4) unless the special abilities of gifted and talented students are recognized and developed during such students' elementary and secondary school years, much of such students' special potential for contributing to the national interest is likely to be lost;

(5) gifted and talented students from economically disadvantaged families and areas, and students of limited-English proficiency are at greatest risk of being unrecognized and of not being provided adequate or appropriate educational services;

(6) State and local educational agencies and private nonprofit schools often lack the necessary specialized resources to plan and implement effective programs for the early identification of gifted and talented students and for the provision of educational services and programs appropriate to their special needs;

(7) the Federal Government can best carry out the limited but essential role of stimulating research and development and personnel training and providing a national focal point of information and technical assistance that is necessary to ensure that the Nation's schools are able to meet the special educational needs of gifted and talented students, and thereby serve a profound national interest; and

(8) the experience and knowledge gained in developing and implementing programs for gifted and talented students can and should be used as a basis to—

(A) develop a rich and challenging curriculum for all students; and

(B) provide all students with important and challenging subject matter to study and encourage the habits of hard work.

(b) Statement of purpose

It is the purpose of this part—

(1) to provide financial assistance to State and local educational agencies, institutions of higher education, and other public and private agencies and organizations, to initiate a coordinated program of research, demonstration projects, personnel training, and similar activities designed to build a nationwide capability in elementary and secondary schools to meet the special educational needs of gifted and talented students;

(2) to encourage the development of rich and challenging curricula for all students through the appropriate application and adaptation of materials and instructional methods developed under this part; and

(3) to supplement and make more effective the expenditure of State and local funds, for the education of gifted and talented students.

(Pub. L. 89–10, title X, §10202, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3820.)

§8033. Construction

Nothing in this part shall be construed to prohibit a recipient of funds under this part from serving gifted and talented students simultaneously with students with similar educational needs, in the same educational settings where appropriate.

(Pub. L. 89–10, title X, §10203, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3822.)

§8034. Authorized programs

(a) Establishment of program

(1) In general

From the sums appropriated under section 8037 of this title in any fiscal year the Secretary (after consultation with experts in the field of the education of gifted and talented students) shall make grants to or enter into contracts with State educational agencies, local educational agencies, institutions of higher education, or other public agencies and private agencies and organizations (including Indian tribes and Indian organizations (as such terms are defined by the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.]) and Native Hawaiian organizations) to assist such agencies, institutions, and organizations which submit applications in carrying out programs or projects authorized by this part that are designed to meet the educational needs of gifted and talented students, including the training of personnel in the education of gifted and talented students and in the use, where appropriate, of gifted and talented services, materials, and methods for all students.

(2) Application

Each entity desiring assistance under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall describe how—

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

(B) the proposed programs can be evaluated.

(b) Uses of funds

Programs and projects assisted under this section may include—

(1) professional development (including fellowships) for personnel (including leadership personnel) involved in the education of gifted and talented students;

(2) establishment and operation of model projects and exemplary programs for serving gifted and talented students, including innovative methods for identifying and educating students who may not be served by traditional gifted and talented programs, summer programs, mentoring programs, service learning programs, and cooperative programs involving business, industry, and education;

(3) training of personnel and parents involved in gifted and talented programs with respect to the impact of gender role socialization on the educational needs of gifted and talented children and in gender equitable education methods, techniques and practices;

(4) implementing innovative strategies, such as cooperative learning, peer tutoring and service learning;

(5) strengthening the capability of State educational agencies and institutions of higher education to provide leadership and assistance to local educational agencies and nonprofit private schools in the planning, operation, and improvement of programs for the identification and education of gifted and talented students and the appropriate use of gifted and talented programs and methods to serve all students;

(6) programs of technical assistance and information dissemination, including how gifted and talented programs and methods, where appropriate, may be adapted for use by all students; and

(7) carrying out—

(A) research on methods and techniques for identifying and teaching gifted and talented students, and for using gifted and talented programs and methods to serve all students; and

(B) program evaluations, surveys, and the collection, analysis, and development of information needed to accomplish the purposes of this part.

(c) Establishment of National Center

(1) In general

The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall establish a National Center for Research and Development in 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 agency, or a combination or consortium of such institutions and agencies, for the purpose of carrying out activities described in paragraph (7) of subsection (b) of this section.

(2) Director

Such National Center shall have 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 other institutions of higher education, State or local educational agencies, or other public or private agencies and organizations.

(d) Limitation

Not more than 30 percent of the funds available in any fiscal year to carry out the programs and projects authorized by this section may be used to conduct activities pursuant to subsection (b)(7) or (c) of this section.

(e) Coordination

Research activities supported under this section—

(1) shall be carried out in consultation with the Office of Educational Research and Improvement to ensure that such activities are coordinated with and enhance the research and development activities supported by such Office; and

(2) may include collaborative research activities which are jointly funded and carried out with such Office.

(Pub. L. 89–10, title X, §10204, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3822.)

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a)(1), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.

Section Referred to in Other Sections

This section is referred to in section 8035 of this title.

§8035. Program priorities

(a) General priority

In the administration of this part the Secretary shall give highest priority—

(1) to the identification of and the provision of services to gifted and talented students who may not be identified and served through traditional assessment methods (including economically disadvantaged individuals, individuals of limited-English proficiency, and individuals with disabilities); and

(2) to programs and projects designed to develop or improve the capability of schools in an entire State or region of the Nation through cooperative efforts and participation of State and local educational agencies, institutions of higher education, and other public and private agencies and organizations (including business, industry, and labor), to plan, conduct, and improve programs for the identification of and service to gifted and talented students, such as mentoring and apprenticeship programs.

(b) Service priority

In approving applications for assistance under section 8034(a)(2) of this title, the Secretary shall assure that in each fiscal year at least one-half of the applications approved under such section address the priority described in subsection (a)(1) of this section.

(Pub. L. 89–10, title X, §10205, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3823.)

§8036. General provisions

(a) Participation of private school children and teachers

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

(b) Review, dissemination, and evaluation

The Secretary shall—

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

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

(3) evaluate the effectiveness of programs under this part in accordance with section 8941 of this title, both 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 January 1, 1998.

(c) Program operations

The Secretary shall ensure that the programs under this part 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 the programs authorized by this part;

(2) coordinate all programs for gifted and talented students administered by the Department;

(3) 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; and

(4) assist the Assistant Secretary of the Office of Educational Research and Improvement in identifying research priorities which reflect the needs of gifted and talented students.

(Pub. L. 89–10, title X, §10206, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3824.)

§8037. Authorization of appropriations

There are authorized to be appropriated $10,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years to carry out the provisions of this part.

(Pub. L. 89–10, title X, §10207, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3824.)

Section Referred to in Other Sections

This section is referred to in section 8034 of this title.

Part C—Public Charter Schools

Part Referred to in Other Sections

This part is referred to in sections 7331, 7351, 8881 of this title.

subpart 1—basic charter school grant program

§8061. Findings and purpose

(a) Findings

The Congress finds that—

(1) enhancement of parent and student choices among public schools can assist in promoting comprehensive educational reform and give more students the opportunity to learn to challenging State content standards and challenging State student performance standards, if sufficiently diverse and high-quality choices, and genuine opportunities to take advantage of such choices, are available to all students;

(2) useful examples of such choices can come from States and communities that experiment with methods of offering teachers and other educators, parents, and other members of the public the opportunity to design and implement new public schools and to transform existing public schools;

(3) charter schools are a mechanism for testing a variety of educational approaches and should, therefore, be exempted from restrictive rules and regulations if the leadership of such schools commits to attaining specific and ambitious educational results for educationally disadvantaged students consistent with challenging State content standards and challenging State student performance standards for all students;

(4) charter schools, as such schools have been implemented in a few States, can embody the necessary mixture of enhanced choice, exemption from restrictive regulations, and a focus on learning gains;

(5) charter schools, including charter schools that are schools-within-schools, can help reduce school size, which reduction can have a significant effect on student achievement;

(6) the Federal Government should test, evaluate, and disseminate information on a variety of charter school models in order to help demonstrate the benefits of this promising educational reform; and

(7) there is a strong documented need for cash-flow assistance to charter schools that are starting up, because State and local operating revenue streams are not immediately available.

(b) Purpose

It is the purpose of this subpart to increase national understanding of the charter schools model by—

(1) providing financial assistance for the planning, program design and initial implementation of charter schools;

(2) evaluating the effects of such schools, including the effects on students, student achievement, staff, and parents; and

(3) expanding the number of high-quality charter schools available to students across the Nation.

(Pub. L. 89–10, title X, §10301, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3824; amended Pub. L. 105–278, §3(a), Oct. 22, 1998, 112 Stat. 2682; Pub. L. 106–554, §1(a)(1) [title III, §322(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

Amendments

2000—Subsec. (b). Pub. L. 106–554 substituted "subpart" for "part" in introductory provisions.

1998—Subsec. (b)(1). Pub. L. 105–278, §3(a)(1)(A), inserted "planning, program" before "design".

Subsec. (b)(3). Pub. L. 105–278, §3(a)(1)(B), (2), (3), added par. (3).

§8062. Program authorized

(a) In general

The Secretary may award grants to State educational agencies having applications approved pursuant to section 8063 of this title to enable such agencies to conduct a charter school grant program in accordance with this subpart.

(b) Special rule

If a State educational agency elects not to participate in the program authorized by this subpart or does not have an application approved under section 8063 of this title, the Secretary may award a grant to an eligible applicant that serves such State and has an application approved pursuant to section 8063(c) of this title.

(c) Program periods

(1) Grants to States

Grants awarded to State educational agencies under this subpart shall be awarded for a period of not more than 3 years.

(2) Grants to eligible applicants

Grants awarded by the Secretary to eligible applicants or subgrants awarded by State educational agencies to eligible applicants under this subpart shall be awarded for a period of not more than 3 years, of which the eligible applicant may use—

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

(B) not more than 2 years for the initial implementation of a charter school; and

(C) not more than 2 years to carry out dissemination activities described in section 8064(f)(6)(B) of this title.

(d) Limitation

A charter school may not receive—

(1) more than one grant for activities described in subparagraphs (A) and (B) of subsection (c)(2) of this section; or

(2) more than one grant for activities under subparagraph (C) of subsection (c)(2) of this section.

(e) Priority treatment

(1) In general

(A) Fiscal years 1999, 2000, and 2001

In awarding grants under this subpart for any of the fiscal years 1999, 2000, and 2001 from funds appropriated under section 8067 of this title that are in excess of $51,000,000 for the fiscal year, the Secretary shall give priority to States to the extent that the States meet the criteria described in paragraph (2) and one or more of the criteria described in subparagraph (A), (B), or (C) of paragraph (3).

(B) Succeeding fiscal years

In awarding grants under this subpart for fiscal year 2002 or any succeeding fiscal year from any funds appropriated under section 8067 of this title, the Secretary shall give priority to States to the extent that the States meet the criteria described in paragraph (2) and one or more of the criteria described in subparagraph (A), (B), or (C) of paragraph (3).

(2) Review and evaluation priority criteria

The criteria referred to in paragraph (1) is that the State provides for periodic review and evaluation by the authorized public chartering agency of each charter school, at least once every 5 years unless required more frequently by State law, to determine whether the charter school is meeting the terms of the school's charter, and is meeting or exceeding the academic performance requirements and goals for charter schools as set forth under State law or the school's charter.

(3) Priority criteria

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

(A) The State has demonstrated progress, in increasing the number of high quality charter schools that are held accountable in the terms of the schools' charters for meeting clear and measurable objectives for the educational progress of the students attending the schools, in the period prior to the period for which a State educational agency or eligible applicant applies for a grant under this subpart.

(B) The State—

(i) provides for one authorized public chartering agency that is not a local educational agency, such as a State chartering board, for each individual or entity seeking to operate a charter school pursuant to such State law; or

(ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, allows for an appeals process for the denial of an application for a charter school.

(C) The State ensures that each charter school has a high degree of autonomy over the charter school's budgets and expenditures.

(f) Amount criteria

In determining the amount of a grant to be awarded under this subpart to a State educational agency, the Secretary shall take into consideration the number of charter schools that are operating, or are approved to open, in the State.

(Pub. L. 89–10, title X, §10302, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3825; amended Pub. L. 105–278, §3(b), Oct. 22, 1998, 112 Stat. 2682; Pub. L. 106–554, §1(a)(1) [title III, §322(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

Amendments

2000—Pub. L. 106–554 substituted "subpart" for "part" wherever appearing.

1998—Subsec. (c)(2)(C). Pub. L. 105–278, §3(b)(1), added subpar. (C).

Subsec. (d). Pub. L. 105–278, §3(b)(2), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "The Secretary shall not award more than one grant and State educational agencies shall not award more than one subgrant under this part to support a particular charter school."

Subsecs. (e), (f). Pub. L. 105–278, §3(b)(3), added subsecs. (e) and (f).

Section Referred to in Other Sections

This section is referred to in sections 8063, 8064 of this title.

§8063. Applications

(a) Applications from State agencies

Each State educational agency desiring a grant from the Secretary under this subpart shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may require.

(b) Contents of State educational agency application

Each application submitted pursuant to subsection (a) of this section shall—

(1) describe the objectives of the State educational agency's charter school grant program and a description of how such objectives will be fulfilled, including steps taken by the State educational agency to inform teachers, parents, and communities of the State educational agency's charter school grant program; and

(2) describe how the State educational agency—

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

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

(ii) Federal programs in which the charter school may participate;

(B) will ensure that each charter school in the State receives the charter school's commensurate share of Federal education funds that are allocated by formula each year, including during the first year of operation of the charter school; and

(C) will disseminate best or promising practices of charter schools to each local educational agency in the State; and

(3) contain assurances that the State educational agency will require each eligible applicant desiring to receive a subgrant to submit an application to the State educational agency containing—

(A) a description of the educational program to be implemented by the proposed charter school, including—

(i) how the program will enable all students to meet challenging State student performance standards;

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

(iii) the curriculum and instructional practices to be used;

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

(C) a description of—

(i) the objectives of the charter school; and

(ii) the methods by which the charter school will determine its progress toward achieving those objectives;

(D) a description of the administrative relationship between the charter school and the authorized public chartering agency;

(E) a description of how parents and other members of the community will be involved in the planning, program design and implementation of the charter school;

(F) a description of how the authorized public chartering agency will provide for continued operation of the school once the Federal grant has expired, if such agency determines that the school has met the objectives described in subparagraph (C)(i);

(G) a request and justification for waivers of any Federal statutory or regulatory provisions that the applicant believes are necessary for the successful operation of the charter school, and a description of any State or local rules, generally applicable to public schools, that will be waived for, or otherwise not apply to, the school;

(H) a description of how the subgrant funds or grant funds, as appropriate, will be used, including a description of how such funds will be used in conjunction with other Federal programs administered by the Secretary;

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

(i) informed about the charter school; and

(ii) given an equal opportunity to attend the charter school;

(J) an assurance that the eligible applicant will annually provide the Secretary and the State educational agency such information as may be required to determine if the charter school is making satisfactory progress toward achieving the objectives described in subparagraph (C)(i);

(K) an assurance that the applicant will cooperate with the Secretary and the State educational agency in evaluating the program assisted under this subpart;

(L) a description of how a charter school that is considered a local educational agency under State law, or a local educational agency in which a charter school is located, will comply with sections 1413(a)(5) and 1413(e)(1)(B) of this title;

(M) if the eligible applicant desires to use subgrant funds for dissemination activities under section 8062(c)(2)(C) of this title, a description of those activities and how those activities will involve charter schools and other public schools, local educational agencies, developers, and potential developers; and

(N) such other information and assurances as the Secretary and the State educational agency may require.

(c) Contents of eligible applicant application

Each eligible applicant desiring a grant pursuant to section 8062(b) of this title shall submit an application to the State educational agency or Secretary, respectively, at such time, in such manner, and accompanied by such information as the State educational agency or Secretary, respectively, may reasonably require.

(d) Contents of application

Each application submitted pursuant to subsection (c) of this section shall contain—

(1) the information and assurances described in subparagraphs (A) through (N) of subsection (b)(3) of this section, except that for purposes of this subsection subparagraphs (J), (K), and (N) of such subsection shall be applied by striking "and the State educational agency" each place such term appears; and

(2) assurances that the State educational agency—

(A) will grant, or will obtain, waivers of State statutory or regulatory requirements; and

(B) will assist each subgrantee in the State in receiving a waiver under section 8064(e) of this title.

(Pub. L. 89–10, title X, §10303, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3826; amended Pub. L. 105–278, §3(c), Oct. 22, 1998, 112 Stat. 2684; Pub. L. 106–554, §1(a)(1) [title III, §322(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

Amendments

2000—Subsecs. (a), (b)(3)(K). Pub. L. 106–554 substituted "subpart" for "part".

1998—Subsec. (b)(1). Pub. L. 105–278, §3(c)(1)(A), inserted "and" at end.

Subsec. (b)(2), (3). Pub. L. 105–278, §3(c)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3).

Subsec. (b)(3)(E). Pub. L. 105–278, §3(c)(1)(D)(i), inserted "planning, program" before "design".

Subsec. (b)(3)(L) to (N). Pub. L. 105–278, §3(c)(1)(D)(ii)–(iv), added subpars. (L) and (M) and redesignated former subpar. (L) as (N).

Subsec. (c). Pub. L. 105–278, §3(c)(2), struck out "8062(e)(1) or" before "8062(b)".

Subsec. (d)(1). Pub. L. 105–278, §3(c)(3), substituted "subparagraphs (A) through (N)" for "subparagraphs (A) through (L)" and "subparagraphs (J), (K), and (N)" for "subparagraphs (I), (J), and (K)".

Section Referred to in Other Sections

This section is referred to in sections 8062, 8064, 8065 of this title.

§8064. Administration

(a) Selection criteria for State educational agencies

The Secretary shall award grants to State educational agencies under this subpart on the basis of the quality of the applications submitted under section 8063(b) of this title, after taking into consideration such factors as—

(1) the contribution that the charter schools grant program will make to assisting educationally disadvantaged and other students to achieving State content standards and State student performance standards and, in general, a State's education improvement plan;

(2) the degree of flexibility afforded by the State educational agency to charter schools under the State's charter schools law;

(3) the ambitiousness of the objectives for the State charter school grant program;

(4) the quality of the strategy for assessing achievement of those objectives;

(5) the likelihood that the charter school grant program will meet those objectives and improve educational results for students;

(6) the number of high quality charter schools created under this subpart in the State; and

(7) in the case of State educational agencies that propose to use grant funds to support dissemination activities under section 8062(c)(2)(C) of this title, the quality of those activities and the likelihood that those activities will improve student achievement.

(b) Selection criteria for eligible applicants

The Secretary shall award grants to eligible applicants under this subpart on the basis of the quality of the applications submitted under section 8063(c) of this title, after taking into consideration such factors as—

(1) the quality of the proposed curriculum and instructional practices;

(2) the degree of flexibility afforded by the State educational agency and, if applicable, the local educational agency to the charter school;

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

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

(5) the quality of the strategy for assessing achievement of those objectives;

(6) the likelihood that the charter school will meet those objectives and improve educational results for students; and

(7) in the case of an eligible applicant that proposes to use grant funds to support dissemination activities under section 8062(c)(2)(C) of this title, the quality of those activities and the likelihood that those activities will improve student achievement.

(c) Peer review

The Secretary, and each State educational agency receiving a grant under this subpart, shall use a peer review process to review applications for assistance under this subpart.

(d) Diversity of projects

The Secretary and each State educational agency receiving a grant under this subpart,¹ shall award subgrants under this subpart in a manner that, to the extent possible, ensures that such grants and subgrants—

(1) are distributed throughout different areas of the Nation and each State, including urban and rural areas; and

(2) will assist charter schools representing a variety of educational approaches, such as approaches designed to reduce school size.

(e) Waivers

The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority except any such requirement relating to the elements of a charter school described in section 8066(1) of this title, if—

(1) the waiver is requested in an approved application under this subpart; and

(2) the Secretary determines that granting such a waiver will promote the purpose of this subpart.

(f) Use of funds

(1) State educational agencies

Each State educational agency receiving a grant under this subpart shall use such grant funds to award subgrants to one or more eligible applicants in the State to enable such applicant to plan and implement a charter school in accordance with this subpart, except that the State educational agency may reserve not more than 10 percent of the grant funds to support dissemination activities described in paragraph (6).

(2) Eligible applicants

Each eligible applicant receiving funds from the Secretary or a State educational agency shall use such funds to plan and implement a charter school, or to disseminate information about the charter school and successful practices in the charter school, in accordance with this subpart.

(3) Allowable activities

An eligible applicant receiving a grant or subgrant under this subpart may use the grant or subgrant funds only for—

(A) post-award planning and design of the educational program, which may include—

(i) refinement of the desired educational results and of the methods for measuring progress toward achieving those results; and

(ii) professional development of teachers and other staff who will work in the charter school; and

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

(i) informing the community about the school;

(ii) acquiring necessary equipment and educational materials and supplies;

(iii) acquiring or developing curriculum materials; and

(iv) other initial operational costs that cannot be met from State or local sources.

(4) Administrative expenses

Each State educational agency receiving a grant pursuant to this subpart may reserve not more than 5 percent of such grant funds for administrative expenses associated with the charter school grant program assisted under this subpart.

(5) Revolving loan funds

Each State educational agency receiving a grant pursuant to this subpart may reserve not more than 10 percent of the grant amount for the establishment of a revolving loan fund. Such fund may be used to make loans to eligible applicants that have received a subgrant under this subpart, under such terms as may be determined by the State educational agency, for the initial operation of the charter school grant program of such recipient until such time as the recipient begins receiving ongoing operational support from State or local financing sources.

(6) Dissemination

(A) In general

A charter school may apply for funds under this subpart, whether or not the charter school has applied for or received funds under this subpart for planning, program design, or implementation, to carry out the activities described in subparagraph (B) if the charter school has been in operation for at least 3 consecutive years and has demonstrated overall success, including—

(i) substantial progress in improving student achievement;

(ii) high levels of parent satisfaction; and

(iii) the management and leadership necessary to overcome initial start-up problems and establish a thriving, financially viable charter school.

(B) Activities

A charter school described in subparagraph (A) may use funds reserved under paragraph (1) to assist other schools in adapting the charter school's program (or certain aspects of the charter school's program), or to disseminate information about the charter school, through such activities as—

(i) assisting other individuals with the planning and start-up of one or more new public schools, including charter schools, that are independent of the assisting charter school and the assisting charter school's developers, and that agree to be held to at least as high a level of accountability as the assisting charter school;

(ii) developing partnerships with other public schools, including charter schools, designed to improve student performance in each of the schools participating in the partnership;

(iii) developing curriculum materials, assessments, and other materials that promote increased student achievement and are based on successful practices within the assisting charter school; and

(iv) conducting evaluations and developing materials that document the successful practices of the assisting charter school and that are designed to improve student performance in other schools.

(g) Tribally controlled schools

Each State that receives a grant under this subpart and designates a tribally controlled school as a charter school shall not consider payments to a school under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507) in determining—

(1) the eligibility of the school to receive any other Federal, State, or local aid; or

(2) the amount of such aid.

(Pub. L. 89–10, title X, §10304, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3827; amended Pub. L. 105–78, title III, §315, Nov. 13, 1997, 111 Stat. 1508; Pub. L. 105–278, §3(d), (k), Oct. 22, 1998, 112 Stat. 2685, 2689; Pub. L. 106–554, §1(a)(1) [title III, §322(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

References in Text

The Tribally Controlled Schools Act of 1988, referred to in subsec. (g), is part B (§§5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as amended, which is classified generally to chapter 27 (§2501 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of Title 25 and Tables.

Amendments

2000—Pub. L. 106–554 substituted "subpart" for "part" wherever appearing.

1998—Subsec. (a)(6), (7). Pub. L. 105–278, §3(d)(1), added pars. (6) and (7).

Subsec. (b)(7). Pub. L. 105–278, §3(d)(2), added par. (7).

Subsec. (e). Pub. L. 105–278, §3(k), in introductory provisions, made technical amendment to reference in original act which appears in text as reference to section 8066(1) of this title.

Subsec. (f)(1). Pub. L. 105–278, §3(d)(3)(A), inserted before period at end ", except that the State educational agency may reserve not more than 10 percent of the grant funds to support dissemination activities described in paragraph (6)".

Subsec. (f)(2). Pub. L. 105–278, §3(d)(3)(B), inserted ", or to disseminate information about the charter school and successful practices in the charter school," after "charter school".

Subsec. (f)(5). Pub. L. 105–278, §3(d)(3)(C), substituted "10 percent" for "20 percent".

Subsec. (f)(6). Pub. L. 105–278, §3(d)(3)(D), added par. (6).

1997—Subsec. (g). Pub. L. 105–78 added subsec. (g).

Section Referred to in Other Sections

This section is referred to in sections 8062, 8063 of this title.

¹ So in original. The comma probably should not appear.

§8065. National activities

(a) In general

The Secretary shall reserve for each fiscal year the greater of 5 percent or $5,000,000 of the amount appropriated to carry out this subpart, except that in no fiscal year shall the total amount so reserved exceed $8,000,000, to carry out the following activities:

(1) To provide charter schools, either directly or through State educational agencies, with—

(A) information regarding—

(i) Federal funds that charter schools are eligible to receive; and

(ii) other Federal programs in which charter schools may participate; and

(B) assistance in applying for Federal education funds that are allocated by formula, including assistance with filing deadlines and submission of applications.

(2) To provide for the completion of the 4-year national study (which began in 1995) of charter schools.

(3) To provide for other evaluations or studies that include the evaluation of the impact of charter schools on student achievement, including information regarding—

(A) students attending charter schools reported on the basis of race, age, disability, gender, limited English proficiency, and previous enrollment in public school; and

(B) the professional qualifications of teachers within a charter school and the turnover of the teaching force.

(4) To provide—

(A) information to applicants for assistance under this subpart;

(B) assistance to applicants for assistance under this subpart with the preparation of applications under section 8063 of this title;

(C) assistance in the planning and startup of charter schools;

(D) training and technical assistance to existing charter schools; and

(E) for the dissemination to other public schools of best or promising practices in charter schools.

(5) To provide (including through the use of one or more contracts that use a competitive bidding process) for the collection of information regarding the financial resources available to charter schools, including access to private capital, and to widely disseminate to charter schools any such relevant information and model descriptions of successful programs.

(b) Construction

Nothing in this section shall be construed to require charter schools to collect any data described in subsection (a) of this section.

(Pub. L. 89–10, title X, §10305, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3829; amended Pub. L. 105–278, §3(f), Oct. 22, 1998, 112 Stat. 2686; Pub. L. 106–554, §1(a)(1) [title III, §322(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

Amendments

2000—Subsec. (a). Pub. L. 106–554 substituted "subpart" for "part" wherever appearing.

1998—Pub. L. 105–278 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "The Secretary may reserve not more than ten percent of the funds available to carry out this part for any fiscal year for—

"(1) peer review of applications under section 8064(c) of this title;

"(2) an evaluation of the impact of charter schools on student achievement, including those assisted under this part; and

"(3) other activities designed to enhance the success of the activities assisted under this part, such as—

"(A) development and dissemination of model State charter school laws and model contracts or other means of authorizing and monitoring the performance of charter schools; and

"(B) collection and dissemination of information on successful charter schools."

§8065a. Federal formula allocation during first year and for successive enrollment expansions

(a) In general

For purposes of the allocation to schools by the States or their agencies of funds under part A of subchapter I of this chapter, and any other Federal funds which the Secretary allocates to States on a formula basis, the Secretary and each State educational agency shall take such measures not later than 6 months after October 22, 1998, as are necessary to ensure that every charter school receives the Federal funding for which the charter school is eligible not later than 5 months after the charter school first opens, notwithstanding the fact that the identity and characteristics of the students enrolling in that charter school are not fully and completely determined until that charter school actually opens. The measures similarly shall ensure that every charter school expanding its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is eligible not later than 5 months after such expansion.

(b) Adjustment and late openings

(1) In general

The measures described in subsection (a) of this section shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding year, in cases where payments made to a charter school on the basis of estimated or projected enrollment data exceed the amounts that the school is eligible to receive on the basis of actual or final enrollment data.

(2) Rule

For charter schools that first open after November 1 of any academic year, the State, in accordance with guidance provided by the Secretary and applicable Federal statutes and regulations, shall ensure that such charter schools that are eligible for the funds described in subsection (a) of this section for such academic year have a full and fair opportunity to receive those funds during the charter schools' first year of operation.

(Pub. L. 89–10, title X, §10306, as added Pub. L. 105–278, §3(g)(2), Oct. 22, 1998, 112 Stat. 2687.)

Prior Provisions

A prior section 10306 of Pub. L. 89–10 was renumbered section 10310 and is classified to section 8066 of this title.

§8065b. Solicitation of input from charter school operators

To the extent practicable, the Secretary shall ensure that administrators, teachers, and other individuals directly involved in the operation of charter schools are consulted in the development of any rules or regulations required to implement this subpart, as well as in the development of any rules or regulations relevant to charter schools that are required to implement part A of subchapter I of this chapter, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), or any other program administered by the Secretary that provides education funds to charter schools or regulates the activities of charter schools.

(Pub. L. 89–10, title X, §10307, as added Pub. L. 105–278, §3(g)(2), Oct. 22, 1998, 112 Stat. 2688; amended Pub. L. 106–554, §1(a)(1) [title III, §322(b)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

References in Text

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

Prior Provisions

A prior section 10307 of Pub. L. 89–10 was renumbered section 10311 and is classified to section 8067 of this title.

Amendments

2000—Pub. L. 106–554, which directed the amendment of this section by substituting "subpart" for "part" wherever appearing, was executed by making the substitution for "part" the first place appearing, to reflect the probable intent of Congress.

§8065c. Records transfer

State educational agencies and local educational agencies, to the extent practicable, shall ensure that a student's records and, if applicable, a student's individualized education program as defined in section 1401(11) of this title, are transferred to a charter school upon the transfer of the student to the charter school, and to another public school upon the transfer of the student from a charter school to another public school, in accordance with applicable State law.

(Pub. L. 89–10, title X, §10308, as added Pub. L. 105–278, §3(g)(2), Oct. 22, 1998, 112 Stat. 2688.)

§8065d. Paperwork reduction

To the extent practicable, the Secretary and each authorized public chartering agency shall ensure that implementation of this subpart results in a minimum of paperwork for any eligible applicant or charter school.

(Pub. L. 89–10, title X, §10309, as added Pub. L. 105–278, §3(g)(2), Oct. 22, 1998, 112 Stat. 2688; amended Pub. L. 106–554, §1(a)(1) [title III, §322(b)(3)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

Amendments

2000—Pub. L. 106–554 substituted "subpart" for "part".

§8066. Definitions

As used in this subpart:

(1) The term "charter school" means a public school that—

(A) in accordance with a specific State statute authorizing the granting of charters to schools, is exempted from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any rules relating to the other requirements of this paragraph;

(B) is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction;

(C) operates in pursuit of a specific set of educational objectives determined by the school's developer and agreed to by the authorized public chartering agency;

(D) provides a program of elementary or secondary education, or both;

(E) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution;

(F) does not charge tuition;

(G) complies with the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], and part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.];

(H) is a school to which parents choose to send their children, and that admits students on the basis of a lottery, if more students apply for admission than can be accommodated;

(I) agrees to comply with the same Federal and State audit requirements as do other elementary and secondary schools in the State, unless such requirements are specifically waived for the purpose of this program;

(J) meets all applicable Federal, State, and local health and safety requirements;

(K) operates in accordance with State law; and

(L) has a written performance contract with the authorized public chartering agency in the State that includes a description of how student performance will be measured in charter schools pursuant to State assessments that are required of other schools and pursuant to any other assessments mutually agreeable to the authorized public chartering agency and the charter school.

(2) The term "developer" means an individual or group of individuals (including a public or private nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the local community in which a charter school project will be carried out.

(3) The term "eligible applicant" means an authorized public chartering agency participating in a partnership with a developer to establish a charter school in accordance with this subpart.

(4) The term "authorized public chartering agency" means a State educational agency, local educational agency, or other public entity that has the authority pursuant to State law and approved by the Secretary to authorize or approve a charter school.

(Pub. L. 89–10, title X, §10310, formerly §10306, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3829; renumbered §10310 and amended, Pub. L. 105–278, §3(g)(1), (h), Oct. 22, 1998, 112 Stat. 2687, 2688; Pub. L. 106–554, §1(a)(1) [title III, §322(b)(3)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

References in Text

The Age Discrimination Act of 1975, referred to in par. (1)(G), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, as amended, which is classified generally to chapter 76 (§6101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of Title 42 and Tables.

The Civil Rights Act of 1964, referred to in par. (1)(G), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

The Education Amendments of 1972, referred to in par. (1)(G), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235, as amended. Title IX of the Act is classified principally to chapter 38 (§1681 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1972 Amendment note set out under section 1001 of this title and Tables.

The Individuals with Disabilities Education Act, referred to in par. (1)(G), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended. Part B of the Act is classified generally to subchapter II (§1411 et seq.) of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Amendments

2000—Pub. L. 106–554, which directed the amendment of this section by substituting "subpart" for "part" wherever appearing, was executed by making the substitution for "part" in introductory provisions and in par. (3), but not in par. (1)(G), to reflect the probable intent of Congress.

1998—Par. (1)(A). Pub. L. 105–278, §3(h)(1), which directed amendment of subpar. (A) by substituting "a specific State statute authorizing the granting of charters to schools" for "an enabling statute", was executed by making the substitution for "an enabling State statute", to reflect the probable intent of Congress.

Par. (1)(H). Pub. L. 105–278, §3(h)(2), inserted "is a school to which parents choose to send their children, and that" before "admits".

Par. (1)(L). Pub. L. 105–278, §3(h)(3)–(5), added subpar. (L).

Section Referred to in Other Sections

This section is referred to in sections 2302, 8064, 8071i of this title.

§8067. Authorization of appropriations

For the purpose of carrying out this subpart, there are authorized to be appropriated $100,000,000 for fiscal year 1999 and such sums as may be necessary for each of the four succeeding fiscal years.

(Pub. L. 89–10, title X, §10311, formerly §10307, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3830; renumbered §10311 and amended, Pub. L. 105–278, §3(g)(1), (i), Oct. 22, 1998, 112 Stat. 2687, 2688; Pub. L. 106–554, §1(a)(1) [title III, §322(b)(3)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

Amendments

2000—Pub. L. 106–554 substituted "subpart" for "part".

1998—Pub. L. 105–278, §3(i), substituted "$100,000,000 for fiscal year 1999" for "$15,000,000 for fiscal year 1995".

Section Referred to in Other Sections

This section is referred to in section 8062 of this title.

subpart 2—credit enhancement initiatives to assist charter school facility acquisition, construction, and renovation

§8071. Purpose

The purpose of this subpart is to provide one-time grants to eligible entities to permit them to demonstrate innovative credit enhancement initiatives that assist charter schools to address the cost of acquiring, constructing, and renovating facilities.

(Pub. L. 89–10, title X, §10321, as added Pub. L. 106–554, §1(a)(1) [title III, §322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-57.)

§8071a. Grants to eligible entities

(a) In general

The Secretary shall use 100 percent of the amount available to carry out this subpart to award not less than three grants to eligible entities having applications approved under this subpart to demonstrate innovative methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing.

(b) Grantee selection

The Secretary shall evaluate each application submitted, and shall make a determination of which are sufficient to merit approval and which are not. The Secretary shall award at least one grant to an eligible entity described in section 8071i(2)(A) of this title, at least one grant to an eligible entity described in section 8071i(2)(B) of this title, and at least one grant to an eligible entity described in section 8071i(2)(C) of this title, if applications are submitted that permit the Secretary to do so without approving an application that is not of sufficient quality to merit approval.

(c) Grant characteristics

Grants under this subpart shall be of a sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation.

(d) Special rule

In the event the Secretary determines that the funds available are insufficient to permit the Secretary to award not less than three grants in accordance with subsections (a) through (c) of this section, such three-grant minimum and the second sentence of subsection (b) of this section shall not apply, and the Secretary may determine the appropriate number of grants to be awarded in accordance with subsection (c) of this section.

(Pub. L. 89–10, title X, §10322, as added Pub. L. 106–554, §1(a)(1) [title III, §322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-57.)

§8071b. Applications

(a) In general

To receive a grant under this subpart, an eligible entity shall submit to the Secretary an application in such form as the Secretary may reasonably require.

(b) Contents

An application under subsection (a) of this section shall contain—

(1) a statement identifying the activities proposed to be undertaken with funds received under this subpart, including how the applicant will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive;

(2) a description of the involvement of charter schools in the application's development and the design of the proposed activities;

(3) a description of the applicant's expertise in capital market financing;

(4) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools;

(5) a description of how the applicant possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought;

(6) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding they need to have adequate facilities; and

(7) such other information as the Secretary may reasonably require.

(Pub. L. 89–10, title X, §10323, as added Pub. L. 106–554, §1(a)(1) [title III, §322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-58.)

§8071c. Charter school objectives

An eligible entity receiving a grant under this subpart shall use the funds deposited in the reserve account established under section 8071d(a) of this title to assist one or more charter schools to access private sector capital to accomplish one or both of the following objectives:

(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school.

(2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school.

(Pub. L. 89–10, title X, §10324, as added Pub. L. 106–554, §1(a)(1) [title III, §322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-59.)

Section Referred to in Other Sections

This section is referred to in sections 8071d, 8071f of this title.

§8071d. Reserve account

(a) Use of funds

To assist charter schools to accomplish the objectives described in section 8071c of this title, an eligible entity receiving a grant under this subpart shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under this subpart (other than funds used for administrative costs in accordance with section 8071e of this title) in a reserve account established and maintained by the entity for this purpose. Amounts deposited in such account shall be used by the entity for one or more of the following purposes:

(1) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in section 8071c of this title.

(2) Guaranteeing and insuring leases of personal and real property for an objective described in section 8071c of this title.

(3) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools.

(4) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue).

(b) Investment

Funds received under this subpart and deposited in the reserve account shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities.

(c) Reinvestment of earnings

Any earnings on funds received under this subpart shall be deposited in the reserve account established under subsection (a) of this section and used in accordance with such subsection.

(Pub. L. 89–10, title X, §10325, as added Pub. L. 106–554, §1(a)(1) [title III, §322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-59.)

Section Referred to in Other Sections

This section is referred to in sections 8071c, 8071h of this title.

§8071e. Limitation on administrative costs

An eligible entity may use not more than 0.25 percent of the funds received under this subpart for the administrative costs of carrying out its responsibilities under this subpart.

(Pub. L. 89–10, title X, §10326, as added Pub. L. 106–554, §1(a)(1) [title III, §322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-59.)

Section Referred to in Other Sections

This section is referred to in section 8071d of this title.

§8071f. Audits and reports

(a) Financial record maintenance and audit

The financial records of each eligible entity receiving a grant under this subpart shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant.

(b) Reports

(1) Grantee annual reports

Each eligible entity receiving a grant under this subpart annually shall submit to the Secretary a report of its operations and activities under this subpart.

(2) Contents

Each such annual report shall include—

(A) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity;

(B) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under subsection (a) of this section during the reporting period;

(C) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under this subpart in leveraging private funds;

(D) a listing and description of the charter schools served during the reporting period;

(E) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in section 8071c of this title; and

(F) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this subpart during the reporting period.

(3) Secretarial report

The Secretary shall review the reports submitted under paragraph (1) and shall provide a comprehensive annual report to Congress on the activities conducted under this subpart.

(Pub. L. 89–10, title X, §10327, as added Pub. L. 106–554, §1(a)(1) [title III, §322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-59.)

§8071g. No full faith and credit for grantee obligations

No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this subpart.

(Pub. L. 89–10, title X, §10328, as added Pub. L. 106–554, §1(a)(1) [title III, §322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-60.)

§8071h. Recovery of funds

(a) In general

The Secretary, in accordance with chapter 37 of title 31, shall collect—

(1) all of the funds in a reserve account established by an eligible entity under section 8071d(a) of this title if the Secretary determines, not earlier than 2 years after the date on which the entity first received funds under this subpart, that the entity has failed to make substantial progress in carrying out the purposes described in section 8071d(a) of this title; or

(2) all or a portion of the funds in a reserve account established by an eligible entity under section 8071d(a) of this title if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in section 8071d(a) of this title.

(b) Exercise of authority

The Secretary shall not exercise the authority provided in subsection (a) of this section to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in section 8071d(a) of this title.

(c) Procedures

The provisions of sections 451, 452, and 458 of the General Education Provisions Act [20 U.S.C. 1234, 1234a, 1234g] shall apply to the recovery of funds under subsection (a) of this section.

(d) Construction

This section shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.).

(Pub. L. 89–10, title X, §10329, as added Pub. L. 106–554, §1(a)(1) [title III, §322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-60.)

References in Text

The General Education Provisions Act, referred to in subsec. (d), is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 814, as amended. Part D of the Act is classified generally to subchapter IV (§1234 et seq.) of chapter 31 of this title. For complete classification of this Act to the Code, see section 1221 of this title and Tables.

§8071i. Definitions

In this subpart:

(1) The term "charter school" has the meaning given such term in section 8066 of this title.

(2) The term "eligible entity" means—

(A) a public entity, such as a State or local governmental entity;

(B) a private nonprofit entity; or

(C) a consortium of entities described in subparagraphs (A) and (B).

(Pub. L. 89–10, title X, §10330, as added Pub. L. 106–554, §1(a)(1) [title III, §322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

Section Referred to in Other Sections

This section is referred to in section 8071a of this title.

§8071j. Authorization of appropriations

For the purpose of carrying out this subpart, there are authorized to be appropriated $100,000,000 for fiscal year 2001.

(Pub. L. 89–10, title X, §10331, as added Pub. L. 106–554, §1(a)(1) [title III, §322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

Part D—Arts in Education

subpart 1—arts education

§8091. Support for arts education

(a) Findings

The Congress finds that—

(1) the arts are forms of understanding and ways of knowing that are fundamentally important to education;

(2) the arts are important to excellent education and to effective school reform;

(3) the most significant contribution of the arts to education reform is the transformation of teaching and learning;

(4) such transformation is best realized in the context of comprehensive, systemic education reform;

(5) demonstrated competency in the arts for American students is among the National Education Goals;

(6) participation in performing arts activities has proven to be an effective strategy for promoting the inclusion of persons with disabilities in mainstream settings;

(7) opportunities in the arts have enabled persons of all ages with disabilities to participate more fully in school and community activities;

(8) the arts can motivate at-risk students to stay in school and become active participants in the educational process; and

(9) arts education should be an integral part of the elementary and secondary school curriculum.

(b) Purposes

The purposes of this subpart are to—

(1) support systemic education reform by strengthening arts education as an integral part of the elementary and secondary school curriculum;

(2) help ensure that all students have the opportunity to learn to challenging State content standards and challenging State student performance standards in the arts; and

(3) support the national effort to enable all students to demonstrate competence in the arts in accordance with the National Education Goals.

(c) Eligible recipients

In order to carry out the purposes of this subpart, the Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with—

(1) State educational agencies;

(2) local educational agencies;

(3) institutions of higher education;

(4) museums and other cultural institutions; and

(5) other public and private agencies, institutions, and organizations.

(d) Authorized activities

Funds under this subpart may be used for—

(1) research on arts education;

(2) the development of, and dissemination of information about, model arts education programs;

(3) the development of model arts education assessments based on high standards;

(4) the development and implementation of curriculum frameworks for arts education;

(5) the development of model preservice and inservice professional development programs for arts educators and other instructional staff;

(6) supporting collaborative activities with other Federal agencies or institutions involved in arts education, such as the National Endowment for the Arts, the Institute of Museum and Library Services, the John F. Kennedy Center for the Performing Arts, Very Special Arts, and the National Gallery of Art;

(7) supporting model projects and programs in the performing arts for children and youth through arrangements made with the John F. Kennedy Center for the Performing Arts;

(8) supporting model projects and programs by Very Special Arts which assure the participation in mainstream settings in arts and education programs of individuals with disabilities;

(9) supporting model projects and programs to integrate arts education into the regular elementary and secondary school curriculum; and

(10) other activities that further the purposes of this subpart.

(e) Coordination

(1) In general

A recipient of funds under this subpart shall, to the extent possible, coordinate projects assisted under this subpart with appropriate activities of public and private cultural agencies, institutions, and organizations, including museums, arts education associations, libraries, and theaters.

(2) Special rule

In carrying out this subpart, the Secretary shall coordinate with the National Endowment for the Arts, the Institute of Museum and Library Services, the John F. Kennedy Center for the Performing Arts, Very Special Arts, and the National Gallery of Art.

(f) Authorization

(1) In general

For the purpose of carrying out this subpart, there are authorized to be appropriated $11,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.

(2) Special rule

If the amount appropriated under paragraph (1) for any fiscal year is $9,000,000 or less, then such amount shall only be available to carry out the activities described in paragraphs (7) and (8) of subsection (d) of this section.

(Pub. L. 89–10, title X, §10401, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3830; amended Pub. L. 104–208, div. A, title I, §101(e) [title VII, §709(b)(3)(A)], Sept. 30, 1996, 110 Stat. 3009–233, 3009-313.)

Amendments

1996—Subsecs. (d)(6), (e)(2). Pub. L. 104–208 substituted "the Institute of Museum and Library Services" for "the Institute of Museum Services".

subpart 2—cultural partnerships for at-risk children and youth

§8101. Findings and purpose

(a) Findings

The Congress finds:

(1) With local school budget cuts there are inadequate arts and cultural programs available for children and youth in schools, especially at the elementary school level.

(2) The arts promote progress in academic subjects as shown by research conducted by the National Endowment for the Arts.

(3) Children and youth who receive instruction in the arts and humanities, or who are involved in cultural activities, remain in school longer and are more successful than children who do not receive such instruction.

(4) Learning in the arts and humanities promotes progress in other academic subjects, and generates positive self-esteem and a greater sense of accomplishment in young people.

(5) School-university and school-cultural institution partnerships that upgrade teacher training in the arts and humanities have significantly contributed to improved instruction and achievement levels of school-aged children.

(6) Museum outreach, cultural activities and informal education for at-risk children and youth have contributed significantly to the educational achievement and enhanced interest in learning of at-risk children and youth.

(7) The Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.], other legislation and local, State and national resources support the integration of the arts and humanities into the regular curriculum and school day for all children.

(8) While all children benefit from instruction in the arts and the humanities, at-risk children and youth have a special, additional need for arts and cultural programs both in school and after school.

(b) Purpose

The purpose of this subpart is to make demonstration grants to eligible entities to improve the educational performance and future potential of at-risk children and youth by providing comprehensive and coordinated educational and cultural services.

(Pub. L. 89–10, title X, §10411, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3832.)

References in Text

The Goals 2000: Educate America Act, referred to in subsec. (a)(7), is Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125 (except titles V and IX), as amended, which is classified principally to chapter 68 (§5801 et seq.) of this title (except subchapters V (§5931 et seq.) and IX (§6001 et seq.)). For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.

§8102. Program authorized

(a) In general

The Secretary is authorized to award grants to eligible entities to pay the Federal share of the costs of the activities described in section 8103 of this title.

(b) Special requirements

(1) In general

The Secretary shall award grants under this subpart only to programs designed to—

(A) promote and enhance educational and cultural activities;

(B) provide multi-year services to at-risk children and youth and to integrate community cultural resources into in-school and after-school educational programs;

(C) provide integration of community cultural resources into the regular curriculum and school day;

(D) focus school and cultural resources in the community on coordinated cultural services to address the needs of at-risk children and youth;

(E) provide effective cultural programs to facilitate the transition from preschool programs to elementary school programs, including programs under the Head Start Act [42 U.S.C. 9831 et seq.] and part H ¹ of the Individuals with Disabilities Education Act;

(F) facilitate school-to-work transition from secondary schools and alternative schools to job training, higher education and employment through educational programs and activities that utilize school resources;

(G) increase parental and community involvement in the educational, social, and cultural development of at-risk children and youth; or

(H)(i) develop programs and strategies that provide high-quality coordinated educational and cultural services; and

(ii) provide a model to replicate such services in other schools and communities.

(2) Partnership

An interagency partnership comprised of the Secretary of Education, the Chairman of the National Endowment for the Humanities, the Chairman of the National Endowment for the Arts, and the Director of the Institute of Museum and Library Services, or their designees, shall establish criteria and procedures for awarding grants, including the establishment of panels to review the applications, and shall administer the grants program authorized by this section. The Secretary shall publish such criteria and procedures in the Federal Register.

(3) Coordination

Grants may only be awarded under this subpart to eligible entities that agree to coordinate activities carried out under other Federal, State, and local grants, received by the members of the partnership for purposes and target populations described in this subpart, into an integrated service delivery system located at a school, cultural, or other community-based site accessible to and utilized by at-risk youth.

(4) Eligible entities

For purposes of this subpart, the term "eligible entity" means a partnership between—

(A) a local educational agency or an individual school that is eligible to participate in a schoolwide program under section 6314 of this title; and

(B) at least one institution of higher education, museum, local arts agency, or cultural entity that is accessible to individuals within the school district of such local educational agency or school, and that has a history of providing quality services to the community, which may include—

(i) nonprofit institutions of higher education, museums, libraries, performing, presenting and exhibiting arts organizations, literary arts organizations, State and local arts organizations, cultural institutions, and zoological and botanical organizations; or

(ii) private for-profit entities with a history of training children and youth in the arts.

(5) Geographic distribution

In awarding grants under this subpart the Secretary, to the extent feasible, shall ensure an equitable geographic distribution of such grants.

(6) Duration

Grants made under this subpart may be renewable for a maximum of five years if the Secretary determines that the eligible recipient has made satisfactory progress toward the achievement of the program objectives described in the application.

(7) Models

The Secretary, in consultation with the Chairman of the National Endowment for the Humanities, the Chairman of the National Endowment for the Arts and the director ² of the Institute of Museum and Library Services, or their designees, shall submit successful models under this subchapter to the National Diffusion Network for review.

(c) Target population

To be eligible for a grant under this subpart, an eligible entity shall serve—

(1) students enrolled in schools participating in a schoolwide program under section 6314 of this title and the families of such students to the extent practicable;

(2) out-of-school children and youth at risk of disadvantages resulting from teenage parenting, substance abuse, recent migration, disability, limited-English proficiency, illiteracy, being the child of a teenage parent, living in a single parent household, or dropping out of school; or

(3) any combination of in-school and out-of-school at-risk children and youth.

(Pub. L. 89–10, title X, §10412, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3833; amended Pub. L. 104–208, div. A, title I, §101(e) [title VII, §709(b)(3)(B)], Sept. 30, 1996, 110 Stat. 3009–233, 3009-313.)

References in Text

The Head Start Act, referred to in subsec. (b)(1)(E), is subchapter B (§§635–657) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified generally to subchapter II (§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 Individuals with Disabilities Education Act, referred to in subsec. (b)(1)(E), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended. Part H of the Act was classified generally to subchapter VIII (§1471 et seq.) of chapter 33 of this title prior to repeal by Pub. L. 105–17, title II, §203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Amendments

1996—Subsec. (b)(2), (7). Pub. L. 104–208 substituted "Museum and Library Services" for "Museum Services" in par. (2) and "the director of the Institute of Museum and Library Services" for "the Director of the Institute of Museum Services" in par. (7).

¹ See References in Text note below.

² So in original. Probably should be capitalized.

§8103. Authorized activities

(a) In general

Grants awarded under this subpart may be used—

(1) to plan, develop, acquire, expand, and improve school-based or community-based coordinated educational and cultural programs to strengthen the educational performance and future potential of in-school or out-of-school at-risk children and youth through grants, cooperative agreements, contracts for services, or administrative coordination;

(2) to provide at-risk students with integrated cultural activities designed to develop a love of learning that fosters the smooth transition of preschool children to elementary school;

(3) to design collaborative cultural activities for students in secondary or alternative schools that ensure the smooth transition to job training, higher education, or full employment;

(4) to provide child care for children of at-risk students who would not otherwise be able to participate in the program;

(5) to provide transportation necessary for participation in the program;

(6) to work with existing school personnel to develop curriculum materials and programs in the arts;

(7) to work with existing school personnel on staff development activities that encourage the integration of the arts into the curriculum;

(8) for stipends that allow local artists to work with at-risk children and youth in schools;

(9) for training individuals who are not trained to work with children and youth;

(10) for cultural programs that encourage the active participation of parents in the education of their children;

(11) for programs that use the arts and culture to reform current school practices, including lengthening the school day or academic year;

(12) for equipment or supplies that the Secretary determines appropriate; and

(13) for evaluation, administration, and supervision.

(b) Planning grants

(1) Application

An eligible entity may submit an application to the Secretary for a planning grant for an amount not to exceed $50,000. Such grants shall be for periods of not more than one year.

(2) Limit on planning grants

Not more than 10 percent of the amounts appropriated in each fiscal year under this subpart shall be used for grants under this subsection, and an eligible entity may receive not more than one such planning grant.

(c) General provisions

(1) In general

Each eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

(2) Contents

Each application submitted pursuant to paragraph (1) shall—

(A) describe the cultural entity or entities that will participate in the partnership;

(B) describe the target population to be served;

(C) describe the services to be provided;

(D) describe a plan for evaluating the success of the program;

(E) in the case of each local educational agency or school participating in the eligible recipient partnership, describe how the activities assisted under this subpart will be perpetuated beyond the duration of the grant;

(F) describe the manner in which the eligible entity will improve the educational achievement or future potential of at-risk youth through more effective coordination of cultural services in the community;

(G) describe the overall and operational goals of the program;

(H) describe the nature and location of all planned sites where services will be delivered and a description of services which will be provided at each site; and

(I) describe training that will be provided to individuals who are not trained to work with children and youth, and how teachers will be involved.

(Pub. L. 89–10, title X, §10413, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3835.)

Section Referred to in Other Sections

This section is referred to in sections 8102, 8104 of this title.

§8104. Payments; amounts of award; cost share; limitations

(a) Payments

(1) In general

The Secretary shall pay to each eligible recipient having an application approved under section 8103(c) of this title the Federal share of the cost of the activities described in the application.

(2) Special rule

(A) Grants awarded under this subpart shall be of sufficient size, scope, and quality to be effective.

(B) The Secretary shall award grants under this subpart so as to ensure nonduplication of services provided by grant recipients and services provided by—

(i) the National Endowment for the Humanities;

(ii) the National Endowment for the Arts; and

(iii) the Institute of Museum and Library Services.

(b) Cost share

(1) Federal share

The Federal share of a grant under this subpart shall be 80 percent of the cost of carrying out the activities described in the application.

(2) Non-Federal share

The non-Federal share of a grant under this subpart shall be 20 percent of the cost of carrying out the activities described in the application and may be in cash or in kind, fairly evaluated, including the provision of equipment, services, or facilities.

(c) Limitations

(1) Noninstructional services

Not more than 25 percent of the grant funds provided in any fiscal year under this subpart may be used for noninstructional activities such as the activities described in paragraphs (4), (5), and (12) of section 8103(a) of this title.

(2) Supplement and not supplant

Grant funds awarded under this part shall be used to supplement not supplant the amount of funds made available from non-Federal sources, for the activities assisted under this subpart, in amounts that exceed the amounts expended for such activities in the year preceding the year for which the grant is awarded.

(3) Administrative costs

(A) The Secretary may reserve not more than five percent of the grant funds received under this subpart in each fiscal year for the costs of administration.

(B) Each eligible recipient may reserve not more than 5 percent of any grant funds received under this subpart in each fiscal year for the costs of administration.

(Pub. L. 89–10, title X, §10414, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3836; amended Pub. L. 104–208, div. A, title I, §101(e) [title VII, §709(b)(3)(C)], Sept. 30, 1996, 110 Stat. 3009–233, 3009-313.)

Amendments

1996—Subsec. (a)(2)(B)(iii). Pub. L. 104–208 added cl. (iii) and struck out former cl. (iii) which read as follows: "the Institute of Museum Services."

§8105. Authorization of appropriations

There are authorized to be appropriated to carry out this subpart, $45,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years.

(Pub. L. 89–10, title X, §10415, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3837.)

Part E—Inexpensive Book Distribution Program

§8131. Inexpensive book distribution program for reading motivation

(a) Authorization

The Secretary is authorized to enter into a contract with Reading is Fundamental (RIF) (hereafter in this section referred to as "the contractor") to support and promote programs, which include the distribution of inexpensive books to students, that motivate children to read.

(b) Requirements of contract

Any contract entered into under subsection (a) of this section shall—

(1) provide that the contractor will enter into subcontracts with local private nonprofit groups or organizations, or with public agencies, under which each subcontractor will agree to establish, operate, and provide the non-Federal share of the cost of reading motivation programs that include the distribution of books, by gift, to the extent feasible, or loan, to children from birth through secondary school age, including those in family literacy programs;

(2) provide that funds made available to subcontractors will be used only to pay the Federal share of the cost of such programs;

(3) provide that in selecting subcontractors for initial funding, the contractor will give priority to programs that will serve a substantial number or percentage of children with special needs, such as—

(A) low-income children, particularly in high-poverty areas;

(B) children at risk of school failure;

(C) children with disabilities;

(D) foster children;

(E) homeless children;

(F) migrant children;

(G) children without access to libraries;

(H) institutionalized or incarcerated children; and

(I) children whose parents are institutionalized or incarcerated;

(4) provide that the contractor will provide such technical assistance to subcontractors as may be necessary to carry out the purpose of this section;

(5) provide that the contractor will annually report to the Secretary the number of, and describe, programs funded under paragraph (3); and

(6) include such other terms and conditions as the Secretary determines to be appropriate to ensure the effectiveness of such programs.

(c) Restriction on payments

The Secretary shall make no payment of the Federal share of the cost of acquiring and distributing books under any contract under this section unless the Secretary determines that the contractor or subcontractor, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance.

(d) "Federal share" defined

For the purpose of this section, the term "Federal share" means, with respect to the cost to a subcontractor of purchasing books to be paid under this section, 75 percent of such costs to the subcontractor, except that the Federal share for programs serving children of migrant or seasonal farmworkers shall be 100 percent of such costs to the subcontractor.

(e) Authorization of appropriations

For the purpose of carrying out this section, there are authorized to be appropriated $10,300,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.

(Pub. L. 89–10, title X, §10501, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3837.)

Part F—Civic Education

§8141. Instruction on history and principles of democracy in the United States

(a) General authority

(1) Program established

(A) The Secretary is authorized to carry out a program to enhance the attainment of the third and sixth National Education Goals by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights, and to foster civic competence and responsibility.

(B) Such program shall be known as "We the People . . . The Citizen and the Constitution".

(2) Educational activities

The program required by paragraph (1) shall—

(A) continue and expand the educational activities of the "We the People . . . The Citizen and the Constitution" program administered by the Center for Civic Education; and

(B) enhance student attainment of challenging content standards in civics and government.

(3) Contract or grant authorized

The Secretary is authorized to award a grant or enter into a contract with the Center for Civic Education to carry out the program described in paragraph (1).

(b) Program content

The education program authorized by this section shall provide—

(1) a course of instruction on the basic principles of our Nation's constitutional democracy and the history of the Constitution and the Bill of Rights;

(2) at the request of a participating school, school and community simulated congressional hearings following the course of study; and

(3) an annual national competition of simulated congressional hearings for secondary students who wish to participate in such program.

(c) Availability of program

The education program authorized by this section shall be made available to public and private elementary and secondary schools in the 435 congressional districts, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia.

(d) Special rule

After the provisions of subsection (b) of this section have been implemented, funds provided under this section may be used for—

(1) advanced training of teachers about the United States Constitution and the political system the United States created; or

(2) a course of instruction at the middle school level on the roles of State and local governments in the Federal system established by the Constitution, which course shall provide for—

(A) optional school and community simulated State legislative hearings;

(B) an annual competition of simulated legislative hearings at the State legislative district, State, and national levels for middle school students who wish to participate in the program; and

(C) participation by public and private middle schools in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(Pub. L. 89–10, title X, §10601, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3838.)

Section Referred to in Other Sections

This section is referred to in section 8143 of this title.

§8142. Instruction in civics, government, and the law

(a) Program established

The Secretary is authorized to carry out a program of awarding grants and contracts to assist State and local educational agencies and other public and private nonprofit agencies, organizations, and institutions to enhance—

(1) attainment by students of challenging State content standards and challenging State student performance standards in civics, government, and the law; and

(2) attainment by the Nation of the third and the sixth National Education Goals.

(b) Authorized activities

Assistance under this section may support new and ongoing programs in elementary and secondary schools that provide for—

(1) the development and implementation of curricular programs that enhance student understanding of—

(A) the values and principles which underlie, and the institutions and processes which comprise, our Nation's system of government;

(B) the role of law in our constitutional democracy, including activities to promote—

(i) legal literacy;

(ii) a dedication by students to the use of nonviolent means of conflict resolution such as arbitration, mediation, negotiation, trials, and appellate hearings; and

(iii) respect for cultural diversity and acceptance of cultural differences; and

(C) the rights and responsibilities of citizenship;

(2) professional development for teachers, including preservice and inservice training;

(3) outside-the-classroom learning experiences for students, including community service activities;

(4) the active participation of community leaders, from the public and private sectors, in the schools; and

(5) the provision of technical assistance to State and local educational agencies and other institutions and organizations working to further the progress of the Nation in attaining the third and sixth National Education Goals regarding civics and government.

(c) Applications, peer review and priority

(1) Submission of applications

A State or local educational agency, other public or private nonprofit agency, organization, or institution that desires to receive a grant or enter into a contract under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.

(2) Peer review

(A) The Secretary shall convene a panel of individuals for purpose of reviewing and rating applications submitted under paragraph (1).

(B) Such individuals shall have experience with education programs in civics, government, and the law.

(3) Priority

In awarding grants or awarding contracts under this section, the Secretary shall give priority consideration to applications which propose the operation of statewide programs.

(d) Duration of grants and exception

(1) Duration

Except as provided in paragraph (2), the Secretary shall award grants and contracts under this section for periods of two or three years.

(2) Exception

The Secretary may award a grant or a contract under this section for a period of less than 2 years if the Secretary determines that special circumstances exist which warrant a 1-year grant or contract award.

(Pub. L. 89–10, title X, §10602, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3839.)

Section Referred to in Other Sections

This section is referred to in section 8143 of this title.

§8143. Report; authorization of appropriations

(a) Report

The Secretary shall report, on a biennial basis to the Committee on Education and Labor of the House of Representatives and to the Committee on Labor and Human Resources of the Senate regarding the distribution and use of funds authorized under this part.

(b) Authorization of appropriations

(1) General

There are authorized to be appropriated to carry out this part $15,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.

(2) Allocation

Except as provided in paragraph (3), from the amount appropriated under subsection (a) of this section, the Secretary shall allocate—

(A) 40 percent of such amount to carry out section 8141 of this title; and

(B) 60 percent of such amount to carry out section 8142 of this title.

(3) Special rule

From funds appropriated under paragraph (1), the Secretary shall make available for fiscal year 1995 and each succeeding fiscal year thereafter for the programs under sections 8141 ¹ and 8142 ¹ of this title not less than the amount made available for fiscal year 1994 to carry out such programs under sections 4609 and 1562, respectively, of this Act (as such sections were in effect on the day preceding October 20, 1994).

(Pub. L. 89–10, title X, §10603, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3840.)

References in Text

Sections 8141 and 8142 of this title, referred to in subsec. (b)(3), was in the original "sections 16101 and 16102" meaning sections 16101 and 16102 of Pub. L. 89–10, which has been translated as reading sections 10601 and 10602 of Pub. L. 89–10 to reflect the probable intent of Congress, because Pub. L. 89–10 does not contain a section 16101 or 16102, and funds appropriated under subsec. (b)(1) of this section are to carry out this part which is comprised of sections 8141 and 8142 of this title.

Sections 4609 and 1562 of this Act (as such sections were in effect on the day preceding October 20, 1994), referred to in subsec. (b)(3), means sections 4609 and 1562 of Pub. L. 89–10 which were classified to sections 3156b and 2962, respectively, of this title prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519.

Change of Name

Committee on Education and Labor of House of Representatives treated as referring to Committee on Economic and Educational Opportunities of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Economic and Educational Opportunities of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Fifth Congress, Jan. 7, 1997.

¹ See References in Text note below.

Part G—Allen J. Ellender Fellowship Program

§8161. Findings

The Congress finds as follows:

(1) It is a worthwhile goal to ensure that all students in America are prepared for responsible citizenship and that all students should have the opportunity to be involved in activities that promote and demonstrate good citizenship.

(2) It is a worthwhile goal to ensure that America's educators have access to programs for the continued improvement of their professional skills.

(3) Allen J. Ellender, a Senator from Louisiana and President pro tempore of the United States Senate, had a distinguished career in public service characterized by extraordinary energy and real concern for young people. Senator Ellender provided valuable support and encouragement to the Close Up Foundation, a nonpartisan, nonprofit foundation promoting knowledge and understanding of the Federal Government among young people and educators. Therefore, it is a fitting and appropriate tribute to Senator Ellender to provide fellowships in his name to students of limited economic means, the teachers who work with such students, and older Americans, so that such students, teachers, and older Americans may participate in the programs supported by the Close Up Foundation.

(Pub. L. 89–10, title X, §10701, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3841.)

Section Referred to in Other Sections

This section is referred to in section 6978 of this title.

subpart 1—program for middle and secondary school students

Subpart Referred to in Other Sections

This subpart is referred to in section 8202 of this title.

§8171. Establishment

(a) General authority

The Secretary is authorized to make grants in accordance with the provisions of this subpart to the Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its programs of increasing understanding of the Federal Government among middle and secondary school students.

(b) Use of funds

Grants under this subpart shall be used only to provide financial assistance to economically disadvantaged students who participate in the program described in subsection (a) of this section. Financial assistance received pursuant to this subpart by such students shall be known as Allen J. Ellender fellowships.

(Pub. L. 89–10, title X, §10711, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3841.)

Section Referred to in Other Sections

This section is referred to in sections 8182, 8202 of this title.

§8172. Applications

(a) Application required

No grant under this subpart may be made except upon an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

(b) Contents of application

Each such application shall contain provisions to assure—

(1) that fellowship grants are made to economically disadvantaged middle and secondary school students;

(2) that every effort will be made to ensure the participation of students from rural and small town areas, as well as from urban areas, and that in awarding fellowships to economically disadvantaged students, special consideration will be given to the participation of students with special educational needs, including student ¹ with disabilities, ethnic minority students, and gifted and talented students; and

(3) the proper disbursement of the funds received under this subpart.

(Pub. L. 89–10, title X, §10712, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3841.)

¹ So in original. Probably should be "students".

subpart 2—program for middle and secondary school teachers

Subpart Referred to in Other Sections

This subpart is referred to in section 8202 of this title.

§8181. Establishment

(a) General authority

The Secretary is authorized to make grants in accordance with the provisions of this subpart to the Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its programs of teaching skills enhancement for middle and secondary school teachers.

(b) Use of funds

Grants under this subpart shall be used only for financial assistance to teachers who participate in the program described in subsection (a) of this section. Financial assistance received pursuant to this subpart by such individuals shall be known as Allen J. Ellender fellowships.

(Pub. L. 89–10, title X, §10721, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3842.)

§8182. Applications

(a) Application required

No grant under this subpart may be made except upon an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

(b) Contents of application

Each such application shall contain provisions to assure—

(1) that fellowship grants are made only to teachers who have worked with at least one student from such teacher's school who participates in the programs described in section 8171(a) of this title;

(2) that not more than one teacher in each school participating in the programs provided for in section 8171(a) of this title may receive a fellowship in any fiscal year; and

(3) the proper disbursement of the funds received under this subpart.

(Pub. L. 89–10, title X, §10722, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3842.)

subpart 3—programs for recent immigrants, students of migrant parents and older americans

Subpart Referred to in Other Sections

This subpart is referred to in section 8202 of this title.

§8191. Establishment

(a) General authority

(1) In general

The Secretary is authorized to make grants in accordance with the provisions of this subpart to the Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its programs of increasing understanding of the Federal Government among economically disadvantaged older Americans, recent immigrants and students of migrant parents.

(2) "Older American" defined

For the purpose of this subpart, the term "older American" means an individual who has attained 55 years of age.

(b) Use of funds

Grants under this subpart shall be used for financial assistance to economically disadvantaged older Americans, recent immigrants and students of migrant parents who participate in the program described in subsection (a) of this section. Financial assistance received pursuant to this subpart by such individuals shall be known as Allen J. Ellender fellowships.

(Pub. L. 89–10, title X, §10731, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3842.)

§8192. Applications

(a) Application required

No grant under this subpart may be made except upon application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

(b) Contents of application

Except such application shall contain provisions to assure—

(1) that fellowship grants are made to economically disadvantaged older Americans, recent immigrants and students of migrant parents;

(2) that every effort will be made to ensure the participation of older Americans, recent immigrants and students of migrant parents from rural and small town areas, as well as from urban areas, and that in awarding fellowships, special consideration will be given to the participation of older Americans, recent immigrants and students of migrant parents with special needs, including individuals with disabilities, ethnic minorities, and gifted and talented students;

(3) that activities permitted by subsection (a) of this section are fully described; and

(4) the proper disbursement of the funds received under this subpart.

(Pub. L. 89–10, title X, §10732, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3843.)

subpart 4—general provisions

§8201. Administrative provisions

(a) General rule

Payments under this part may be made in installments, in advance, or by way of reimbursement, with necessary adjustments on account of underpayment or overpayment.

(b) Audit rule

The Comptroller General of the United States or any of the Comptroller General's duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to any grant under this part.

(Pub. L. 89–10, title X, §10741, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3843.)

§8202. Authorization of appropriations

(a) In general

There are authorized to be appropriated to carry out the provisions of subparts 1, 2, and 3 of this part $4,400,000 for fiscal year 1995 and such sums as may be necessary of ¹ each of the four succeeding fiscal years.

(b) Special rule

Of the funds appropriated pursuant to subsection (a) of this section, not more than 30 percent may be used for teachers associated with students participating in the programs described in section 8171(a) of this title.

(Pub. L. 89–10, title X, §10742, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3843.)

¹ So in original. Probably should be "for".

Part H—De Lugo Territorial Education Improvement Program

§§8221 to 8224. Repealed. Pub. L. 105–277, div. A, §101(f) [title VIII, §301(c)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681-410

Section 8221, Pub. L. 89–10, title X, §10801, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3844, related to findings and purposes.

Section 8222, Pub. L. 89–10, title X, §10802, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3844, related to grant authorization.

Section 8223, Pub. L. 89–10, title X, §10803, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3844, prohibited use of grant funds for construction.

Section 8224, Pub. L. 89–10, title X, §10804, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3844, related to authorization of appropriations.

Part I—21st Century Community Learning Centers

§8241. Short title

This part may be cited as the "21st Century Community Learning Centers Act".

(Pub. L. 89–10, title X, §10901, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3844.)

§8242. Findings

The Congress finds that—

(1) a local public school often serves as a center for the delivery of education and human resources for all members of a community;

(2) public schools, primarily in rural and inner city communities, should collaborate with other public and nonprofit agencies and organizations, local businesses, educational entities (such as vocational and adult education programs, school-to-work programs, community colleges, and universities), recreational, cultural, and other community and human service entities, for the purpose of meeting the needs of, and expanding the opportunities available to, the residents of the communities served by such schools;

(3) by using school facilities, equipment, and resources, communities can promote a more efficient use of public education facilities, especially in rural and inner city areas where limited financial resources have enhanced the necessity for local public schools to become social service centers;

(4) the high technology, global economy of the 21st century will require lifelong learning to keep America's workforce competitive and successful, and local public schools should provide centers for lifelong learning and educational opportunities for individuals of all ages; and

(5) 21st Century Community Learning Centers enable the entire community to develop an education strategy that addresses the educational needs of all members of local communities.

(Pub. L. 89–10, title X, §10902, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3844.)

§8243. Program authorization

(a) Grants by Secretary

The Secretary is authorized, in accordance with the provisions of this part, to award grants to rural and inner-city public elementary or secondary schools, or consortia of such schools, to enable such schools or consortia to plan, implement, or to expand projects that benefit the educational, health, social service, cultural, and recreational needs of a rural or inner-city community.

(b) Equitable distribution

In awarding grants under this part, the Secretary shall assure an equitable distribution of assistance among the States, among urban and rural areas of the United States, and among urban and rural areas of a State.

(c) Grant period

The Secretary shall award grants under this part for a period not to exceed 3 years.

(d) Amount

The Secretary shall not award a grant under this part in any fiscal year in an amount less than $35,000.

(Pub. L. 89–10, title X, §10903, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3845.)

§8244. Application required

(a) Application

To be eligible to receive a grant under this part, an elementary or secondary school or consortium shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably prescribe. Each such application shall include—

(1) a comprehensive local plan that enables the school or consortium to serve as a center for the delivery of education and human resources for members of a community;

(2) an evaluation of the needs, available resources, and goals and objectives for the proposed project in order to determine which activities will be undertaken to address such needs; and

(3) a description of the proposed project, including—

(A) a description of the mechanism that will be used to disseminate information in a manner that is understandable and accessible to the community;

(B) identification of Federal, State, and local programs to be merged or coordinated so that public resources may be maximized;

(C) a description of the collaborative efforts to be undertaken by community-based organizations, related public agencies, businesses, or other appropriate organizations;

(D) a description of how the school or consortium will serve as a delivery center for existing and new services, especially for interactive telecommunication used for education and professional training; and

(E) an assurance that the school or consortium will establish a facility utilization policy that specifically states—

(i) the rules and regulations applicable to building and equipment use; and

(ii) supervision guidelines.

(b) Priority

The Secretary shall give priority to applications describing projects that offer a broad selection of services which address the needs of the community.

(Pub. L. 89–10, title X, §10904, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3845.)

§8245. Uses of funds

Grants awarded under this part may be used to plan, implement, or expand community learning centers which include not less than four of the following activities:

(1) Literacy education programs.

(2) Senior citizen programs.

(3) Children's day care services.

(4) Integrated education, health, social service, recreational, or cultural programs.

(5) Summer and weekend school programs in conjunction with recreation programs.

(6) Nutrition and health programs.

(7) Expanded library service hours to serve community needs.

(8) Telecommunications and technology education programs for individuals of all ages.

(9) Parenting skills education programs.

(10) Support and training for child day care providers.

(11) Employment counseling, training, and placement.

(12) Services for individuals who leave school before graduating from secondary school, regardless of the age of such individual.

(13) Services for individuals with disabilities.

(Pub. L. 89–10, title X, §10905, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3846.)

§8246. "Community learning center" defined

For the purpose of this part, the term "community learning center" means an entity within a public elementary or secondary school building that—

(1) provides educational, recreational, health, and social service programs for residents of all ages within a local community; and

(2) is operated by a local educational agency in conjunction with local governmental agencies, businesses, vocational education programs, institutions of higher education, community colleges, and cultural, recreational, and other community and human service entities.

(Pub. L. 89–10, title X, §10906, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3846.)

§8247. Authorization of appropriations

There are authorized to be appropriated $20,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this part.

(Pub. L. 89–10, title X, §10907, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3846.)

Part J—Urban and Rural Education Assistance

§8271. Authorization of appropriations

(a) Demonstration grants

(1) In general

There are authorized to be appropriated $125,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out subparts 1 and 2 of this part (other than section 8295 of this title).

(2) Reservation for subpart 1

The Secretary shall reserve 50 percent of the amount appropriated under paragraph (1) to carry out subpart 1 of this part.

(3) Reservation for subpart 2

The Secretary shall reserve 50 percent of the amount appropriated under paragraph (1) to carry out subpart 2 of this part (other than section 8295 of this title).

(b) Higher education grants

There are authorized to be appropriated $25,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years to carry out section 8295 of this title.

(c) Federal funds to supplement not supplant non-Federal funds

An eligible local educational agency may use funds received under this part only to supplement and, to the extent practicable, increase the level of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in activities assisted under this part, and in no such case may such funds be used to supplant funds from non-Federal sources.

(Pub. L. 89–10, title X, §10951, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3847.)

Section Referred to in Other Sections

This section is referred to in section 8297 of this title.

§8272. Definitions

Except as otherwise provided, for the purposes of this part:

(1) Central city

The term "central city" has the same meaning used by the Bureau of the Census.

(2) Metropolitan statistical area

The term "metropolitan statistical area" has the same meaning used by the Bureau of the Census.

(3) Poverty level

The term "poverty level" means the criteria of poverty used by the Bureau of the Census in compiling the most recent decennial census.

(4) Rural eligible local educational agency

The term "rural eligible local educational agency" means a local educational agency—

(A)(i) in which at least 15 percent of the children enrolled in the schools served by such agency are eligible to be counted under part A of subchapter I of this chapter; and

(ii) which is not in a metropolitan statistical area; or

(B) in which the total enrollment in the schools served by such agency is less than 2,500 students and that does not serve schools located in a metropolitan statistical area.

(5) Urban eligible local educational agency

The term "urban eligible local educational agency" means a local educational agency that—

(A) serves the largest central city in a State;

(B) enrolls more than 30,000 students and serves a central city with a population of at least 200,000 in a metropolitan statistical area; or

(C) enrolls between 25,000 and 30,000 students and serves a central city with a population of at least 140,000 in a metropolitan statistical area.

(Pub. L. 89–10, title X, §10952, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3847.)

Section Referred to in Other Sections

This section is referred to in section 8297 of this title.

subpart 1—urban education demonstration grants

Subpart Referred to in Other Sections

This subpart is referred to in section 8271 of this title.

§8281. Findings

The Congress finds that—

(1) the ability of the Nation's major urban public school systems to meet the Nation's educational goals will determine the country's economic competitiveness and academic standing in the world community;

(2) the quality of public education in the Nation's major urban areas has a direct effect on the economic development of the Nation's inner-cities;

(3) the success of urban public schools in boosting the achievement of its minority youth attending such schools will determine the ability of the Nation to close the gap between the "haves and the have-nots" in society;

(4) the cost to America's businesses to provide remedial education to high school graduates is approximately $21,000,000,000 per year;

(5) approximately one-third of the Nation's workforce will be members of minority groups by the year 2000;

(6) urban schools enroll a disproportionately large share of the Nation's poor and "at-risk" youth;

(7) urban schools enroll approximately one-third of the Nation's poor, 40 percent of the Nation's African American children, and 30 percent of the Nation's Hispanic youth;

(8) nearly 20 percent of the Nation's limited-English-proficient children and 15 percent of the Nation's disabled youth are enrolled in urban public schools;

(9) the academic performance of students in the average inner-city public school system is below that of students in most other kinds of school systems;

(10) urban public school systems have higher dropout rates, more problems with health care, and less parental participation than other kinds of school systems;

(11) urban preschoolers have one-half the access to early childhood development programs as do other children;

(12) shortages of teachers in urban public school systems are 2.5 times greater than such shortages in other kinds of school systems;

(13) declining numbers of urban minority high school graduates are pursuing postsecondary educational opportunities;

(14) urban public school systems have greater problems with teenage pregnancy, discipline, drug abuse, and gangs than do other kinds of school systems;

(15) 75 percent of urban public school buildings are over 25 years old, 33 percent of such buildings are over 50 years old, and such buildings are often in serious disrepair and create poor and demoralizing working and learning conditions;

(16) solving the challenges facing our Nation's urban schools will require the concerted and collaborative efforts of all levels of government and all sectors of the community;

(17) Federal and State funding of urban public schools has not adequately reflected need; and

(18) Federal funding that is well-targeted, flexible, and accountable would contribute significantly to addressing the comprehensive needs of inner-city public schools.

(Pub. L. 89–10, title X, §10961, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3848.)

Section Referred to in Other Sections

This section is referred to in section 8283 of this title.

§8282. Purpose

It is the purpose of this subpart to provide financial assistance to—

(1) assist urban public schools in meeting the National Education Goals;

(2) improve the educational and social well-being of urban public school children;

(3) close the achievement gap between urban and nonurban public school children, while improving the achievement level of all children nationally;

(4) conduct coordinated research on urban public education problems, solutions, and promising practices;

(5) improve the Nation's global economic and educational competitiveness by improving the Nation's urban schools; and

(6) encourage community, parental, and business collaboration in the improvement of urban schools.

(Pub. L. 89–10, title X, §10962, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3849.)

§8283. Urban school grants

(a) Authority

The Secretary is authorized to make grants to eligible local educational agencies serving an urban area or State educational agencies in the case where the State educational agency is the local educational agency for activities designed to assist in local school improvement efforts and school reform, and to assist the schools of such agencies in meeting the National Education Goals.

(b) Authorized activities

Funds under this section may be used to—

(1) increase the academic achievement of urban public school children to at least the national average, such as—

(A) effective public schools programs;

(B) tutoring, mentoring, and other activities to improve academic achievement directly;

(C) activities designed to increase the participation of minority and female students in entry level and advanced courses in mathematics and science;

(D) supplementary academic instruction;

(E) efforts to improve problem-solving and higher-order thinking skills;

(F) programs to increase student motivation for learning; and

(G) efforts to lengthen the school day or school year, or to reduce class sizes;

(2) ensure the readiness of all urban public school children for school, such as—

(A) full workday, full calendar-year comprehensive early childhood development programs;

(B) parenting classes and parent involvement activities;

(C) activities designed to coordinate prekindergarten and child care programs;

(D) efforts to integrate developmentally appropriate prekindergarten services into the overall public school program;

(E) upgrading the qualifications of early childhood education staff and standards for programs;

(F) collaborative efforts with health and social service agencies to provide comprehensive services and to facilitate the transition from home to school;

(G) establishment of comprehensive child care centers in public secondary schools for students who are parents and their children; and

(H) augmenting early childhood development programs to meet the special educational and cultural needs of limited-English-proficient preschool children;

(3) increase the graduation rates of urban public school students to at least the national average, such as—

(A) dropout prevention activities and support services for public school students at-risk of dropping out of school;

(B) reentry, outreach, and support activities to recruit students who have dropped out of school to return to school;

(C) development of systemwide policies and practices that encourage students to stay in school;

(D) efforts to provide individualized student support, such as mentoring programs;

(E) collaborative activities between schools, parents, community groups, agencies, and institutions of higher education aimed at preventing individuals from dropping out of school;

(F) programs to increase student attendance; and

(G) alternative programs for students, especially bilingual and special education students, who have dropped out of school or are at risk of dropping out of school;

(4) prepare urban public school students to enter higher education, pursue careers, and exercise their responsibilities as citizens, such as—

(A) activities designed to increase the number and percentages of students, particularly minority students, enrolling in postsecondary educational institutions after graduation from public secondary schools;

(B) in-school youth employment, vocational education, and career education programs that improve the transition from school to work;

(C) activities designed in collaboration with colleges and universities to assist urban public school graduates in completing higher education;

(D) efforts to increase voter registration among eligible public secondary school students;

(E) activities designed to promote community service and volunteerism among students, parents, teachers, and the community; and

(F) civic education and other programs designed to enhance responsible citizenship and understanding of the political process;

(5) recruit and retain qualified teachers, such as—

(A) school-based management projects and activities;

(B) programs designed to test efforts to increase the professionalization of teachers or to bring teachers up to national voluntary standards;

(C) alternative routes to certification for qualified individuals from business, the military, and other fields;

(D) efforts to recruit and retain teachers, particularly minority teachers, specializing in critical shortage areas, including early childhood teachers, mathematics and science teachers, and special education and bilingual teachers;

(E) upgrading the skills of teacher aides and paraprofessionals to permit such individuals to become certified teachers;

(F) activities specifically designed to increase the number of minority teachers in urban schools;

(G) incentives for teachers to work in inner-city public schools; and

(H) collaborative activities with urban universities to revise and upgrade teacher training programs;

(6) provide for ongoing staff development to increase the professional capacities of the teaching staff and the skills of teacher aides and paraprofessionals;

(7) decrease the use of drugs and alcohol among urban public school students and enhance the physical and emotional health of such students, such as—

(A) activities designed to improve the self-esteem and self-worth of urban public school students;

(B) the provision of health care services and other social services and the coordination of such services with other health care providers;

(C) programs designed to improve safety and discipline and reduce in-school violence, vandalism, and gang activity;

(D) activities that begin in the early grades and are designed to prevent drug and alcohol abuse and smoking among students and teachers;

(E) collaborative activities with other agencies, businesses, and community groups to discourage the advertisement and glorification of drugs and alcohol;

(F) efforts to enhance health education and nutrition education; and

(G) alternative public schools, and schools-within-schools programs, including bilingual and special education programs for public school students with special needs; or

(8) plan, develop, operate, or expand programs and activities that are designed to assist urban public schools in meeting the National Education Goals, including—

(A) training of teachers and other educational personnel in subject areas, or in instructional technology and methods that will improve the delivery of services in urban settings and assist in the achievement of the National Education Goals, including staff development efforts that emphasize multicultural and gender and disability bias-free curricula;

(B) coordination and collaboration with other municipal agencies, child care organizations, universities, or the private sector;

(C) parental involvement and outreach efforts and other activities designed to enhance parental encouragement of student learning;

(D) pupil services and other support services that contribute to progress in achieving National Education Goals;

(E) efforts to acquire and improve access to educational technology;

(F) assist the schools most in need of services by replicating successful efforts of other urban local educational agencies and expanding successful programs within the eligible agency; or

(G) efforts to improve and strengthen the curriculum and coordinate services across grade levels.

(c) Applications

(1) In general

An eligible local educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require, consistent with this section.

(2) Duration

An application submitted pursuant to paragraph (1) may be for a period of not more than five years.

(d) Payments

The Secretary shall make an award only to urban eligible local educational agencies that—

(1) comply with the provisions of section 10966; ¹ and

(2) demonstrate to the satisfaction of the Secretary that the data submitted pursuant to section 8281 ² of this title shows progress toward meeting National Education Goals.

(e) Administrative costs

Not more than five percent of any award made under this subpart may be used for administrative costs.

(Pub. L. 89–10, title X, §10963, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3849.)

References in Text

Section 10966, referred to in subsec. (d)(2), meaning section 10966 of Pub. L. 89–10, could not be translated because Pub. L. 89–10 does not contain a section 10966.

¹ See References in Text note below.

² So in original. Section 8281 relates to findings, not to submission of data.

§8284. Special rules

(a) Special consideration

In making awards under this subpart, the Secretary shall give special consideration to urban eligible local educational agencies in which there is—

(1) low achievement;

(2) high poverty; and

(3) racial isolation.

(b) Flexibility

Each urban eligible local educational agency shall have the flexibility to serve homeless children, children in schools undergoing desegregation, immigrants, migrants, or other highly mobile populations within the program assisted under this subpart.

(Pub. L. 89–10, title X, §10964, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3852.)

subpart 2—rural education initiative

Codification

Subpart 2 of part J of title X of the Elementary and Secondary Education Act of 1965, comprising this subpart, was originally added to Pub. L. 89–10, title X, by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3852. Subpart 2 is shown herein, however, as having been added by Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-89, without reference to Pub. L. 103–382 because of the extensive revision of subpart 2 by Pub. L. 106–554.

Subpart Referred to in Other Sections

This subpart is referred to in section 8271 of this title.

§8291. Purpose

It is the purpose of this subpart to address the unique needs of rural school districts that frequently—

(1) lack the personnel and resources needed to compete for Federal competitive grants; and

(2) receive formula allocations in amounts too small to be effective in meeting their intended purposes.

(Pub. L. 89–10, title X, §10972, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-89.)

Prior Provisions

A prior section 8291, Pub. L. 89–10, title X, §10971, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3852, set out findings, prior to the general amendment of this subpart by Pub. L. 106–554.

A prior section 10972 of Pub. L. 89–10 was classified to section 8292 of this title, prior to the general amendment of this subpart by Pub. L. 106–554.

Short Title

For short title of this subpart as the "Rural Education Achievement Program", see section 10971 of Pub. L. 89–10, as added by Pub. L. 106–554, set out as a note under section 6301 of this title.

§8292. Authorization of appropriations

There are authorized to be appropriated to carry out this subpart $62,500,000 for fiscal year 2001.

(Pub. L. 89–10, title X, §10973, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-89.)

Prior Provisions

A prior section 8292, Pub. L. 89–10, title X, §10972, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3853, related to the purpose of this subpart, prior to the general amendment of this subpart by Pub. L. 106–554.

A prior section 10973 of Pub. L. 89–10 was classified to section 8293 of this title, prior to the general amendment of this subpart by Pub. L. 106–554.

§8293. Formula grant program authorized

(a) Alternative uses

(1) In general

Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding, that the agency is eligible to receive from the State educational agency for a fiscal year, to carry out local activities authorized in part A of subchapter I of this chapter, section 6650(b) of this title, section 6844 of this title, or section 7116 of this title.

(2) Notification

An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1) not later than a date that is established by the State educational agency for the notification.

(b) Eligibility

A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) of this section if—

(1) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and

(2) all of the schools served by the local educational agency are designated with a School Locale Code of 7 or 8, as determined by the Secretary of Education.

(c) Applicable funding

In this section, the term "applicable funding" means funds provided under each of subchapters II, IV, and VI of this chapter, except for funds made available under section 321 of the Department of Education Appropriations Act, 2001.

(d) Disbursal

Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time that the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year.

(e) Supplement not supplant

Funds made available under this section shall be used to supplement and not supplant any other State or local education funds.

(f) Special rule

References in Federal law to funds for the provisions of law set forth in subsection (c) of this section may be considered to be references to funds for this section.

(g) Construction

Nothing in this subpart shall be construed to prohibit a local educational agency that enters into cooperative arrangements with other local educational agencies for the provision of special, compensatory, or other education services pursuant to State law or a written agreement from entering into similar arrangements for the use or the coordination of the use of the funds made available under this subpart.

(Pub. L. 89–10, title X, §10974, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-89.)

References in Text

Section 321 of the Department of Education Appropriations Act, 2001, referred to in subsec. (c), is section §1(a)(1) [title III, §321] of Pub. L 106–554, Dec. 21, 2000, 114 Stat. 2763, 2763A–50, which is not classified to the Code.

Prior Provisions

A prior section 8293, Pub. L. 89–10, title X, §10973, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3854, authorized rural school grants, prior to the general amendment of this subpart by Pub. L. 106–554.

A prior section 10974 of Pub. L. 89–10 was classified to section 8294 of this title, prior to the general amendment of this subpart by Pub. L. 106–554.

Section Referred to in Other Sections

This section is referred to in sections 8294, 8295 of this title.

§8294. Competitive grant program authorized

(a) In general

The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out local activities authorized in part A of subchapter I of this chapter, section 6650(b) of this title, section 6844 of this title, or section 7116 of this title.

(b) Eligibility

A local educational agency shall be eligible to receive a grant under this section if—

(1) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and

(2) all of the schools served by the local educational agency are designated with a School Locale Code of 7 or 8, as determined by the Secretary of Education.

(c) Amount

(1) In general

The Secretary shall award a grant to a local educational agency under this section for a fiscal year in an amount equal to the amount determined under paragraph (2) for the fiscal year minus the total amount received under the provisions of law described under section 8293(c) of this title for the fiscal year.

(2) Determination

The amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students that are in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the amount may not exceed $60,000.

(3) Census determination

(A) In general

Each local educational agency desiring a grant under this section shall determine for each year the number of kindergarten through grade 12 students in average daily attendance at the schools served by the local educational agency during the period beginning or ¹ the first day of classes and ending on December 1.

(B) Submission

Each local educational agency shall submit the number described in subparagraph (A) to the Secretary not later than March 1 of each year.

(4) Penalty

If the Secretary determines that a local educational agency has knowingly submitted false information under paragraph (3) for the purpose of gaining additional funds under this section, then the local educational agency shall be fined an amount equal to twice the difference between the amount the local educational agency received under this section, and the correct amount the local educational agency would have received under this section if the agency had submitted accurate information under paragraph (3).

(d) Disbursal

The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that year.

(e) Supplement not supplant

Funds made available under this section shall be used to supplement and not supplant any other State or local education funds.

(Pub. L. 89–10, title X, §10975, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-90.)

Prior Provisions

A prior section 8294, Pub. L. 89–10, title X, §10974, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3854, related to fund usage, prior to the general amendment of this subpart by Pub. L. 106–554.

A prior section 10975 of Pub. L. 89–10 was classified to section 8295 of this title, prior to the general amendment of this subpart by Pub. L. 106–554.

Section Referred to in Other Sections

This section is referred to in section 8295 of this title.

¹ So in original. Probably should be "on".

§8295. Accountability

(a) Academic achievement

(1) In general

Each local educational agency that uses or receives funds under section 8293 or 8294 of this title for a fiscal year shall—

(A) administer an assessment that is used statewide and is consistent with the assessment described in section 6311(b) of this title, to assess the academic achievement of students in the schools served by the local educational agency; or

(B) in the case of a local educational agency for which there is no statewide assessment described in subparagraph (A), administer a test, that is selected by the local educational agency, to assess the academic achievement of students in the schools served by the local educational agency.

(2) Special rule

Each local educational agency that uses or receives funds under section 8293 or 8294 of this title shall use the same assessment or test described in paragraph (1) for each year of participation in the program carried out under such section.

(b) State educational agency determination regarding continuing participation

Each State educational agency that receives funding under the provisions of law described in section 8293(c) of this title shall—

(1) after the third year that a local educational agency in the State participates in a program authorized under section 8293 or 8294 of this title and on the basis of the results of the assessments or tests described in subsection (a) of this section, determine whether the students served by the local educational agency participating in the program performed better on the assessments or tests after the third year of the participation than the students performed on the assessments or tests after the first year of the participation;

(2) permit only the local educational agencies that participated in the program and served students that performed better on the assessments or tests, as described in paragraph (1), to continue to participate in the program for an additional period of 3 years; and

(3) prohibit the local educational agencies that participated in the program and served students that did not perform better on the assessments or tests, as described in paragraph (1), from participating in the program, for a period of 3 years from the date of the determination.

(Pub. L. 89–10, title X, §10976, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-91.)

Prior Provisions

A prior section 8295, Pub. L. 89–10, title X, §10975, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3857, related to higher education grants, prior to the general amendment of this subpart by Pub. L. 106–554.

§8296. Ratable reductions in case of insufficient appropriations

(a) In general

If the amount appropriated for any fiscal year and made available for grants under this subpart is insufficient to pay the full amount for which all agencies are eligible under this subpart, the Secretary shall ratably reduce each such amount.

(b) Additional amounts

If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subsection (a) of this section shall be increased on the same basis as such payments were reduced.

(Pub. L. 89–10, title X, §10977, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-92.)

§8297. Applicability

Sections 8271 and 8272 of this title shall not apply to this subpart.

(Pub. L. 89–10, title X, §10978, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-92.)

subpart 3—white house conferences

§8311. White House Conference on Urban Education

(a) Authorization to call Conference

(1) In general

The President is authorized to call and conduct a White House Conference on Urban Education (referred to in this section as the "Conference") which shall be held not earlier than November 1, 1995, and not later than October 30, 1996.

(2) Purpose

The purpose of the Conference shall be to—

(A) develop recommendations and strategies for the improvement of urban education;

(B) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist urban public schools in achieving National Education Goals; and

(C) conduct the initial planning for a permanent national advisory commission on urban education.

(b) Composition of Conference

(1) In general

The Conference shall be comprised of 12 individuals, including—

(A) representatives of urban public school systems, including members of the governing body of local educational agencies, and school superintendents;

(B) representatives of the Congress, the Department of Education, and other Federal agencies;

(C) State elected officials and representatives from State educational agencies; and

(D) individuals with special knowledge of and expertise in urban education.

(2) Selection

The President shall select one-third of the participants of the Conference, the majority leader of the Senate, in consultation with the minority leader of the Senate, shall select one-third of such participants, and the Speaker of the House of Representatives, in consultation with the minority leader of the House, shall select the remaining one-third of such participants.

(3) Representation

In selecting the participants of the Conference, the President, the majority leader of the Senate, and the Speaker of the House of Representatives shall ensure that the participants are as representative of the ethnic, racial, and linguistic diversity of cities as is practicable.

(c) Report

(1) In general

Not later than 120 days following the termination of the Conference, a final report of the Conference, containing such findings and recommendations as may be made by the Conference, shall be submitted to the President. The final report shall be made public and, not later than 90 days after receipt by the President, transmitted to the Congress together with a statement of the President containing recommendations for implementing the report.

(2) Publication and distribution

The Conference is authorized to publish and distribute the report described in this section. Copies of the report shall be provided to the Federal depository libraries and made available to local urban public school leaders.

(Pub. L. 89–10, title X, §10981, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3857.)

§8312. White House Conference on Rural Education

(a) Authorization to call Conference

(1) In general

The President is authorized to call and conduct a White House Conference on Rural Education (hereafter in this section referred to as the "Conference").

(2) Date

The Conference shall be held not earlier than November 1, 1995, and not later than October 30, 1996.

(3) Purpose

The purposes of the Conference shall be to—

(A) develop recommendations and strategies for the improvement of rural public education;

(B) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist rural public schools in achieving National Education Goals, and make recommendations on the roles rural public schools can play to assist with local rural community economic revitalization; and

(C) conduct the initial planning for a permanent national commission on rural public education.

(b) Composition of Conference

(1) In general

The Conference shall be comprised of—

(A) representatives of eligible public school systems, including members of the governing body of local educational agencies, school superintendents, and classroom teachers;

(B) representatives of the Congress, the Department, and other Federal agencies;

(C) State elected officials and representatives from State educational agencies;

(D) individuals with special knowledge of, and expertise in, rural education, including individuals involved with rural postsecondary education; and

(E) individuals with special knowledge of, and expertise in, rural business.

(2) Selection

The President shall select one-third of the participants of the Conference, the majority leader of the Senate, in consultation with the minority leader of the Senate, shall select one-third of such participants, and the Speaker of the House of Representatives, in consultation with the minority leader of the House, shall select the remaining one-third of such participants.

(3) Representation

In selecting the participants of the Conference, the President, the majority leader of the Senate, and the Speaker of the House of Representatives shall ensure that the participants are as representative of the ethnic, racial, and language diversity of rural areas as is practicable.

(c) Report

(1) In general

Not later than 120 days following the termination of the Conference, a final report of the Conference, containing such findings and recommendations as may be made by the Conference, shall be submitted to the President. The final report shall be made public and, not later than 90 days after receipt by the President, transmitted to the Congress together with a statement of the President containing recommendations for implementing the report.

(2) Publication and distribution

The Conference is authorized to publish and distribute the report described in this section. Copies of the report shall be provided to the Federal depository libraries and made available to local rural school leaders and teachers.

(Pub. L. 89–10, title X, §10982, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3858.)

Part K—National Writing Project

§8331. Findings

The Congress finds that—

(1) the United States faces a crisis in writing in schools and in the workplace;

(2) the writing problem has been magnified by the rapidly changing student populations and the growing number of at-risk students due to limited English proficiency;

(3) over the past two decades, universities and colleges across the country have reported increasing numbers of entering freshmen who are unable to write at a level equal to the demands of college work;

(4) American businesses and corporations are concerned about the limited writing skills of entry-level workers, and a growing number of executives are reporting that advancement was denied to them due to inadequate writing abilities;

(5) the writing problem has been magnified by the rapidly changing student populations in the Nation's schools and the growing number of students who are at risk because of limited English proficiency;

(6) writing and reading are both fundamental to learning, yet writing has been historically neglected in the schools and colleges, and most teachers in the United States elementary schools, secondary schools, and colleges have not been trained to teach writing;

(7) since 1973, the only national program to address the writing problem in the Nation's schools has been the National Writing Project, a network of collaborative university-school programs whose goal is to improve the quality of student writing and the teaching of writing at all grade levels and to extend the uses of writing as a learning process through all disciplines;

(8) the National Writing Project offers summer and school year inservice teacher training programs and a dissemination network to inform and teach teachers of developments in the field of writing;

(9) the National Writing Project is a nationally recognized and honored nonprofit organization that recognizes that there are teachers in every region of the country who have developed successful methods for teaching writing and that such teachers can be trained and encouraged to train other teachers;

(10) the National Writing Project has become a model for programs to improve teaching in such other fields as mathematics, science, history, literature, performing arts, and foreign languages;

(11) the National Writing Project teacher-teaching-teachers program identifies and promotes what is working in the classrooms of the Nation's best teachers;

(12) the National Writing Project teacher-teaching-teachers project is a positive program that celebrates good teaching practices and good teachers and through its work with schools increases the Nation's corps of successful classroom teachers;

(13) evaluations of the National Writing Project document the positive impact the project has had on improving the teaching of writing, student performance, and student thinking and learning ability;

(14) the National Writing Project programs offer career-long education to teachers, and teachers participating in the National Writing Project receive graduate academic credit;

(15) each year over 100,000 teachers voluntarily seek training in National Writing Project intensive summer institutes and workshops and school year in-service programs through one of the 154 regional sites located in 45 States, the Commonwealth of Puerto Rico, and in 4 sites that serve United States teachers in United States dependent and independent schools;

(16) 250 National Writing Project sites are needed to establish regional sites to serve all teachers;

(17) private foundation resources, although generous in the past, are inadequate to fund all of the National Writing Project sites needed and the future of the program is in jeopardy without secure financial support;

(18) independent evaluation studies have found the National Writing Project to be highly cost effective compared to other professional development programs for teachers; and

(19) during 1991, the first year of Federal support for the National Writing Project, the National Writing Project matched the $1,951,975 in Federal support with $9,485,504 in matching funds from State, local, and other sources.

(Pub. L. 89–10, title X, §10991, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3859.)

§8332. National Writing Project

(a) Authorization

The Secretary is authorized to make a grant to the National Writing Project (hereafter in this section referred to as the "grantee"), a nonprofit educational organization which has as its primary purpose the improvement of the quality of student writing and learning, and the teaching of writing as a learning process in the Nation's classrooms—

(1) to support and promote the establishment of teacher training programs, including the dissemination of effective practices and research findings regarding the teaching of writing and administrative activities;

(2) to support classroom research on effective teaching practice and to document student performance;

(3) to coordinate activities assisted under this section with activities assisted under subchapter II of this chapter; and

(4) to pay the Federal share of the cost of such programs.

(b) Requirements of grant

The grant shall provide that—

(1) the grantee will enter into contracts with institutions of higher education or other nonprofit educational providers (hereafter in this section referred to as "contractors") under which the contractors will agree to establish, operate, and provide the non-Federal share of the cost of teacher training programs in effective approaches and processes for the teaching of writing;

(2) funds made available by the Secretary to the grantee pursuant to any contract entered into under this section will be used to pay the Federal share of the cost of establishing and operating teacher training programs as provided in paragraph (1); and

(3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure compliance with the provisions of this section and will provide such technical assistance as may be necessary to carry out the provisions of this section.

(c) Teacher training programs

The teacher training programs authorized in subsection (a) of this section shall—

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

(2) train teachers who teach grades kindergarten through college;

(3) select teachers to become members of a National Writing Project teacher network whose members will conduct writing workshops for other teachers in the area served by each National Writing Project site; and

(4) encourage teachers from all disciplines to participate in such teacher training programs.

(d) Federal share

(1) In general

Except as provided in paragraph (2) or (3) and for purposes of subsection (a) of this section, the term "Federal share" means, with respect to the costs of teacher training programs authorized in subsection (a) of this section, 50 percent of such costs to the contractor.

(2) Waiver

The Secretary may waive the provisions of paragraph (1) on a case-by-case basis if the National Advisory Board described in subsection (f) of this section determines, on the basis of financial need, that such waiver is necessary.

(3) Maximum

The Federal share of the costs of teacher training programs conducted pursuant to subsection (a) of this section may not exceed $40,000 for any one contractor, or $200,000 for a statewide program administered by any one contractor in at least five sites throughout the State.

(e) Classroom teacher grants

(1) In general

The National Writing Project may reserve an amount not to exceed 5 percent of the amount appropriated pursuant to the authority of this section to make grants, on a competitive basis, to elementary and secondary school teachers to pay the Federal share of the cost of enabling such teachers to—

(A) conduct classroom research;

(B) publish models of student writing;

(C) conduct research regarding effective practices to improve the teaching of writing; and

(D) conduct other activities to improve the teaching and uses of writing.

(2) Supplement and not supplant

Grants awarded pursuant to paragraph (1) shall be used to supplement and not supplant State and local funds available for the purposes set forth in paragraph (1).

(3) Maximum grant amount

Each grant awarded pursuant to this subsection shall not exceed $2,000.

(4) Federal share

For the purpose of this subsection the term "Federal share" means, with respect to the costs of activities assisted under this subsection, 50 percent of such costs to the elementary or secondary school teacher.

(f) National Advisory Board

(1) Establishment

The National Writing Project shall establish and operate a National Advisory Board.

(2) Composition

The National Advisory Board established pursuant to paragraph (1) shall consist of—

(A) national educational leaders;

(B) leaders in the field of writing; and

(C) such other individuals as the National Writing Project deems necessary.

(3) Duties

The National Advisory Board established pursuant to paragraph (1) shall—

(A) advise the National Writing Project on national issues related to student writing and the teaching of writing;

(B) review the activities and programs of the National Writing Project; and

(C) support the continued development of the National Writing Project.

(g) Evaluation

(1) In general

The Secretary shall conduct an independent evaluation by grant or contract of the teacher training programs administered pursuant to this chapter in accordance with section 8941 of this title. Such evaluation shall specify the amount of funds expended by the National Writing Project and each contractor receiving assistance under this section for administrative costs. The results of such evaluation shall be made available to the appropriate committees of the Congress.

(2) Funding limitation

The Secretary shall reserve not more than $150,000 from the total amount appropriated pursuant to the authority of subsection (i) of this section for fiscal year 1994 and the four succeeding fiscal years to conduct the evaluation described in paragraph (1).

(h) Application review

(1) Review Board

The National Writing Project shall establish and operate a National Review Board that shall consist of—

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

(B) such other individuals as the National Writing Project deems necessary.

(2) Duties

The National Review Board shall—

(A) review all applications for assistance under this subsection; and

(B) recommend applications for assistance under this subsection for funding by the National Writing Project.

(i) Authorization of appropriations

There are authorized to be appropriated for the grant to the National Writing Project, $4,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out the provisions of this section.

(Pub. L. 89–10, title X, §10992, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3861.)

Termination of Advisory Boards

Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

Part L—Physical Education for Progress

Prior Provisions

A prior part L of this subchapter, consisting of section 8351, related to extended time for learning and longer school year, prior to repeal by Pub. L. 105–277, div. A, §101(f) [title VIII, §301(c)(3)], Oct. 21, 1998, 112 Stat. 2681–337, 2681-410.

§8351. Purpose

The purpose of this part is to award grants and contracts to local educational agencies to enable the local educational agencies to initiate, expand and improve physical education programs for all kindergarten through 12th grade students.

(Pub. L. 89–10, title X, §10999B, as added Pub. L. 106–554, §1(a)(1) [title VII, §701], Dec. 21, 2000, 114 Stat. 2763, 2763A-76.)

Prior Provisions

A prior section 8351, Pub. L. 89–10, title X, §10993, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3863, related to extended time for learning and longer school year, prior to repeal by Pub. L. 105–277, div. A, §101(f) [title VIII, §301(c)(3)], Oct. 21, 1998, 112 Stat. 2681–337, 2681-410.

§8352. Findings

Congress makes the following findings:

(1) Physical education is essential to the development of growing children.

(2) Physical education helps improve the overall health of children by improving their cardiovascular endurance, muscular strength and power, and flexibility, and by enhancing weight regulation, bone development, posture, skillful moving, active lifestyle habits, and constructive use of leisure time.

(3) Physical education helps improve the self esteem, interpersonal relationships, responsible behavior, and independence of children.

(4) Children who participate in high quality daily physical education programs tend to be more healthy and physically fit.

(5) The percentage of young people who are overweight has more than doubled in the 30 years preceding 1999.

(6) Low levels of activity contribute to the high prevalence of obesity among children in the United States.

(7) Obesity related diseases cost the United States economy more than $100,000,000,000 every year.

(8) Inactivity and poor diet cause at least 300,000 deaths a year in the United States.

(9) Physically fit adults have significantly reduced risk factors for heart attacks and stroke.

(10) Children are not as active as they should be and fewer than one in four children get 20 minutes of vigorous activity every day of the week.

(11) The Surgeon General's 1996 Report on Physical Activity and Health, and the Centers for Disease Control and Prevention, recommend daily physical education for all students in kindergarten through grade 12.

(12) Twelve years after Congress passed House Concurrent Resolution 97, 100th Congress, agreed to December 11, 1987, encouraging State and local governments and local educational agencies to provide high quality daily physical education programs for all children in kindergarten through grade 12, little progress has been made.

(13) Every student in our Nation's schools, from kindergarten through grade 12, should have the opportunity to participate in quality physical education. It is the unique role of quality physical education programs to develop the health-related fitness, physical competence, and cognitive understanding about physical activity for all students so that the students can adopt healthy and physically active lifestyles.

(Pub. L. 89–10, title X, §10999C, as added Pub. L. 106–554, §1(a)(1) [title VII, §701], Dec. 21, 2000, 114 Stat. 2763, 2763A-77.)

References in Text

House Concurrent Resolution 97, 100th Congress, referred to in par. (12), is H. Con. Res. 97, Dec. 12, 1987, 101 Stat. 2014, which is not classified to the Code.

§8353. Program authorized

The Secretary is authorized to award grants to, and enter into contracts with, local educational agencies to pay the Federal share of the costs of initiating, expanding, and improving physical education programs for kindergarten through grade 12 students by—

(1) providing equipment and support to enable students to actively participate in physical education activities; and

(2) providing funds for staff and teacher training and education.

(Pub. L. 89–10, title X, §10999D, as added Pub. L. 106–554, §1(a)(1) [title VII, §701], Dec. 21, 2000, 114 Stat. 2763, 2763A-77.)

§8354. Applications; program elements

(a) Applications

Each local educational agency desiring a grant or contract under this part shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in the schools served by the agency in order to make progress toward meeting State standards for physical education.

(b) Program elements

A physical education program described in any application submitted under subsection (a) of this section may provide—

(1) fitness education and assessment to help children understand, improve, or maintain their physical well-being;

(2) instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every child;

(3) development of cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle;

(4) opportunities to develop positive social and cooperative skills through physical activity participation;

(5) instruction in healthy eating habits and good nutrition; and

(6) teachers of physical education the opportunity for professional development to stay abreast of the latest research, issues, and trends in the field of physical education.

(c) Special rule

For the purpose of this part, extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities shall not be considered as part of the curriculum of a physical education program assisted under this part.

(Pub. L. 89–10, title X, §10999E, as added Pub. L. 106–554, §1(a)(1) [title VII, §701], Dec. 21, 2000, 114 Stat. 2763, 2763A-78.)

§8355. Proportionality

The Secretary shall ensure that grants awarded and contracts entered into under this part shall be equitably distributed between local educational agencies serving urban and rural areas, and between local educational agencies serving large and small numbers of students.

(Pub. L. 89–10, title X, §10999F, as added Pub. L. 106–554, §1(a)(1) [title VII, §701], Dec. 21, 2000, 114 Stat. 2763, 2763A-78.)

§8356. Private school students and home-schooled students

An application for funds under this part may provide for the participation, in the activities funded under this part, of—

(1) home-schooled children, and their parents and teachers; or

(2) children enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers.

(Pub. L. 89–10, title X, §10999G, as added Pub. L. 106–554, §1(a)(1) [title VII, §701], Dec. 21, 2000, 114 Stat. 2763, 2763A-78.)

§8357. Report required for continued funding

As a condition to continue to receive grant or contract funding after the first year of a multiyear grant or contract under this part, the administrator of the grant or contract for the local educational agency shall submit to the Secretary an annual report that describes the activities conducted during the preceding year and demonstrates that progress has been made toward meeting State standards for physical education.

(Pub. L. 89–10, title X, §10999H, as added Pub. L. 106–554, §1(a)(1) [title VII, §701], Dec. 21, 2000, 114 Stat. 2763, 2763A-78.)

§8358. Report to Congress

The Secretary shall submit a report to Congress not later than June 1, 2003, that describes the programs assisted under this part, documents the success of such programs in improving physical fitness, and makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this part.

(Pub. L. 89–10, title X, §10999I, as added Pub. L. 106–554, §1(a)(1) [title VII, §701], Dec. 21, 2000, 114 Stat. 2763, 2763A-78.)

§8359. Administrative costs

Not more than 5 percent of the grant or contract funds made available to a local educational agency under this part for any fiscal year may be used for administrative costs.

(Pub. L. 89–10, title X, §10999J, as added Pub. L. 106–554, §1(a)(1) [title VII, §701], Dec. 21, 2000, 114 Stat. 2763, 2763A-79.)

§8360. Federal share; supplement not supplant

(a) Federal share

The Federal share under this part may not exceed—

(1) 90 percent of the total cost of a project for the first year for which the project receives assistance under this part; and

(2) 75 percent of such cost for the second and each subsequent such year.

(b) Supplement not supplant

Funds made available under this part shall be used to supplement and not supplant other Federal, State and local funds available for physical education activities.

(Pub. L. 89–10, title X, §10999K, as added Pub. L. 106–554, §1(a)(1) [title VII, §701], Dec. 21, 2000, 114 Stat. 2763, 2763A-79.)

§8361. Authorization of appropriations

There are authorized to be appropriated $30,000,000 for fiscal year 2001, $70,000,000 for fiscal year 2002, and $100,000,000 for each of the fiscal years 2003 through 2005, to carry out this part. Such funds shall remain available until expended.

(Pub. L. 89–10, title X, §10999L, as added Pub. L. 106–554, §1(a)(1) [title VII, §701], Dec. 21, 2000, 114 Stat. 2763, 2763A-79.)

Part M—Territorial Assistance

§8371. Repealed. Pub. L. 105–277, div. A, §101(f) [title VIII, §301(c)(4)], Oct. 21, 1998, 112 Stat. 2681–337, 2681-410

Section, Pub. L. 89–10, title X, §10995, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3867, related to general assistance to improve public education in the Virgin Islands.