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.)