20 USC CHAPTER 70, SUBCHAPTER X, Part A: Fund for the Improvement of Education

From Title 20—EDUCATIONCHAPTER 70—STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLSSUBCHAPTER 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

(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);

(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;

(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;

(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.

(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;

(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

(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;

(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.)