SUBCHAPTER XIV—GENERAL PROVISIONS
Part A—Definitions
§8801. Definitions
Except as otherwise provided, for the purposes of this chapter, the following terms have the following meanings:
(1) Average daily attendance
(A) Except as provided otherwise by State law or this paragraph, the term "average daily attendance" means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during such school year.
(B) The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership or such other data.
(C) If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for purposes of this chapter—
(i) consider the child to be in attendance at a school of the agency making such payment; and
(ii) not consider the child to be in attendance at a school of the agency receiving such payment.
(D) If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with disabilities, as defined in section 1401(a)(1) 1 of this title, the Secretary shall, for the purposes of this chapter, consider such child to be in attendance at a school of the agency making such payment.
(2) Average per-pupil expenditure
The term "average per-pupil expenditure" means, in the case of a State or of the United States—
(A) without regard to the source of funds—
(i) the aggregate current expenditures, during the third fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the State or, in the case of the United States for all States (which, for the purpose of this paragraph, means the 50 States and the District of Columbia); plus
(ii) any direct current expenditures by the State for the operation of such agencies; divided by
(B) the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year.
(3) Child
The term "child" means any person within the age limits for which the State provides free public education.
(4) Community-based organization
The term "community-based organization" means a public or private nonprofit organization of demonstrated effectiveness that—
(A) is representative of a community or significant segments of a community; and
(B) provides educational or related services to individuals in the community.
(5) Consolidated local application
The term "consolidated local application" means an application submitted by a local educational agency pursuant to
(6) Consolidated local plan
The term "consolidated local plan" means a plan submitted by a local educational agency pursuant to
(7) Consolidated State application
The term "consolidated State application" means an application submitted by a State educational agency pursuant to
(8) Consolidated State plan
The term "consolidated State plan" means a plan submitted by a State educational agency pursuant to
(9) County
The term "county" means one of the divisions of a State used by the Secretary of Commerce in compiling and reporting data regarding counties.
(10) Covered program
The term "covered program" means each of the programs authorized by—
(A) part A of subchapter I of this chapter;
(B) part C of subchapter I of this chapter;
(C) subchapter II of this chapter (other than
(D) subpart 2 of part A of subchapter III of this chapter;
(E) part A of subchapter IV of this chapter (other than
(F) subchapter VI of this chapter.
(11) Current expenditures
The term "current expenditures" means expenditures for free public education—
(A) including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but
(B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under subchapter I of this chapter and subchapter VI of this chapter.
(12) Department
The term "Department" means the Department of Education.
(13) Educational service agency
The term "educational service agency" means a regional public multiservice agency authorized by State statute to develop, manage, and provide services or programs to local educational agencies.
(14) Elementary school
The term "elementary school" means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.
(15) Family literacy services
The term "family literacy services" means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities:
(A) Interactive literacy activities between parents and their children.
(B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children.
(C) Parent literacy training that leads to economic self-sufficiency.
(D) An age-appropriate education to prepare children for success in school and life experiences.
(16) Free public education
The term "free public education" means education that is provided—
(A) at public expense, under public supervision and direction, and without tuition charge; and
(B) as elementary or secondary school education as determined under applicable State law, except that such term does not include any education provided beyond grade 12.
(17) Gifted and talented
The term "gifted and talented", when used with respect to students, children or youth, means students, children or youth who give evidence of high performance capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who require services or activities not ordinarily provided by the school in order to fully develop such capabilities.
(18) Institution of higher education
The term "institution of higher education" has the meaning given that term in
(19) Local educational agency
(A) The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools.
(B) The term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.
(C) The term includes an elementary or secondary school funded by the Bureau of Indian Affairs but only to the extent that such inclusion makes such school eligible for programs for which specific eligibility is not provided to such school in another provision of law and such school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this chapter with the smallest student population, except that such school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs.
(20) Mentoring
The term "mentoring" means a program in which an adult works with a child or youth on a 1-to-1 basis, establishing a supportive relationship, providing academic assistance, and introducing the child or youth to new experiences that enhance the child or youth's ability to excel in school and become a responsible citizen.
(21) Other staff
The term "other staff" means pupil services personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel.
(22) Outlying area
The term "outlying area" means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and for the purpose of
(23) Parent
The term "parent" includes a legal guardian or other person standing in loco parentis.
(24) Public telecommunication entity
The term "public telecommunication entity" has the same meaning given to such term in
(25) Pupil services personnel; pupil services
(A) The term "pupil services personnel" means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as such term is defined in section 1401(a)(17) 1 of this title) as part of a comprehensive program to meet student needs.
(B) The term "pupil services" means the services provided by pupil services personnel.
(26) Secondary school
The term "secondary school" means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that such term does not include any education beyond grade 12.
(27) Secretary
The term "Secretary" means the Secretary of Education.
(28) State
The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
(29) State educational agency
The term "State educational agency" means the agency primarily responsible for the State supervision of public elementary and secondary schools.
(30) Technology
The term "technology" means the latest state-of-the-art technology products and services, such as closed circuit television systems, educational television or radio programs and services, cable television, satellite, copper fiber optic transmission, computer hardware and software, video and audio laser and CD–ROM disks, video and audio tapes, including interactive forms of such products and services, or other technologies.
(
References in Text
Amendments
2000—Pars. (15) to (30).
1998—Par. (10)(C).
Par. (14).
Par. (17).
Par. (25).
Effective Date of 1998 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§8802. Applicability of this subchapter
Parts B, C, D, E, and F of this subchapter do not apply to subchapter VIII of this chapter.
(
§8803. Applicability to Bureau of Indian Affairs operated schools
For purposes of any competitive program under this chapter, a consortia of schools operated by the Bureau of Indian Affairs, a school operated under a contract or grant with the Bureau of Indian Affairs in consortia with another contract or grant school or tribal or community organization, or a Bureau of Indian Affairs school in consortia with an institution of higher education, a contract or grant school and tribal or community organization shall be given the same consideration as a local educational agency.
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Part B—Flexibility in the Use of Administrative and Other Funds
Part Referred to in Other Sections
This part is referred to in
§8821. Consolidation of State administrative funds for elementary and secondary education programs
(a) Consolidation of administrative funds
(1) In general
A State educational agency may consolidate the amounts specifically made available to such agency for State administration under one or more of the programs specified under paragraph (2) if such State educational agency can demonstrate that the majority of such agency's resources come from non-Federal sources.
(2) Applicability
This section applies to programs under subchapter I of this chapter, those covered programs described in subparagraphs (C), (D), (E), and (F) of
(b) Use of funds
(1) In general
A State educational agency shall use the amount available under this section for the administration of the programs included in the consolidation under subsection (a) of this section.
(2) Additional uses
A State educational agency may also use funds available under this section for administrative activities designed to enhance the effective and coordinated use of funds under the programs included in the consolidation under subsection (a) of this section, such as—
(A) the coordination of such programs with other Federal and non-Federal programs;
(B) the establishment and operation of peer-review mechanisms under this chapter;
(C) the administration of this subchapter;
(D) the dissemination of information regarding model programs and practices; and
(E) technical assistance under programs specified in subsection (a)(2) of this section.
(c) Records
A State educational agency that consolidates administrative funds under this section shall not be required to keep separate records, by individual program, to account for costs relating to the administration of programs included in the consolidation under subsection (a) of this section.
(d) Review
To determine the effectiveness of State administration under this section, the Secretary may periodically review the performance of State educational agencies in using consolidated administrative funds under this section and take such steps as the Secretary finds appropriate to ensure the effectiveness of such administration.
(e) Unused administrative funds
If a State educational agency does not use all of the funds available to such agency under this section for administration, such agency may use such funds during the applicable period of availability as funds available under one or more programs included in the consolidation under subsection (a) of this section.
(f) Consolidation of funds for standards and assessment development
In order to develop challenging State standards and assessments, a State educational agency may consolidate the amounts made available to such agency for such purposes under subchapter I of this chapter and title III 1 of the Goals 2000: Educate America Act.
(
References in Text
The Goals 2000: Educate America Act, referred to in subsec. (f), is
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§8822. Single local educational agency States
A State educational agency that also serves as a local educational agency, in such agency's applications or plans under this chapter, shall describe how such agency will eliminate duplication in the conduct of administrative functions.
(
§8823. Consolidation of funds for local administration
(a) General authority
In accordance with regulations of the Secretary, a local educational agency, with the approval of its State educational agency, may consolidate and use for the administration of one or more covered programs for any fiscal year not more than the percentage, established in each covered program, of the total amount available to the local educational agency under such covered programs.
(b) State procedures
Within one year from October 20, 1994, a State educational agency shall, in collaboration with local educational agencies in the State, establish procedures for responding to requests from local educational agencies to consolidate administrative funds under subsection (a) of this section and for establishing limitations on the amount of funds under covered programs that may be used for administration on a consolidated basis.
(c) Conditions
A local educational agency that consolidates administrative funds under this section for any fiscal year shall not use any other funds under the programs included in the consolidation for administration for that fiscal year.
(d) Uses of administrative funds
A local educational agency that consolidates administrative funds under this section may use such consolidated funds for the administration of covered programs and for the uses described in
(e) Records
A local educational agency that consolidates administrative funds under this section shall not be required to keep separate records, by individual covered program, to account for costs relating to the administration of covered programs included in the consolidation.
(
§8824. Administrative funds studies
(a) Federal funds study
(1) In general
The Secretary shall conduct a study of the use of funds under this chapter for the administration, by State and local educational agencies, of all covered programs, including the percentage of grant funds used for such purpose in all covered programs.
(2) State data
Beginning in fiscal year 1995 and each succeeding fiscal year thereafter, each State educational agency which receives funds under subchapter I of this chapter shall submit to the Secretary a report on the use of subchapter I funds for the State administration of activities assisted under subchapter I of this chapter. Such report shall include the proportion of State administrative funds provided under
(A) basic program operation and compliance monitoring;
(B) statewide program services such as development of standards and assessments, curriculum development, and program evaluation; and
(C) technical assistance and other direct support to local educational agencies and schools.
(3) Federal funds report
The Secretary shall complete the study conducted under this section not later than July 1, 1997, and shall submit to the President and the appropriate committees of the Congress a report regarding such study within 30 days of the completion of such study.
(4) Results
Based on the results of the study described in subsection (a)(1) of this section, which may include collection and analysis of the data under paragraph (2) and
(A) develop a definition of what types of activities constitute the administration of programs under this chapter by State and local educational agencies; and
(B) within one year of the completion of such study, promulgate final regulations or guidelines regarding the use of funds for administration under all programs, including the use of such funds on a consolidated basis and limitations on the amount of such funds that may be used for administration where such limitation is not otherwise specified in law.
(b) General administrative funds study and report
Upon the date of completion of the pilot model data system described in
(1) the potential for the reduction of administrative expenses at the school, local educational agency, and State educational agency levels;
(2) the potential usefulness of such data system to reduce such administrative expenses;
(3) any other methods which may be employed by schools, local educational agencies or State educational agencies to reduce administrative expenses and maximize the use of funds for functions directly affecting student learning; and
(4) if appropriate, steps which may be taken to assist schools, local educational agencies and State educational agencies to account for and reduce administrative expenses.
(
§8825. Consolidated set-aside for Department of the Interior funds
(a) General authority
(1) Transfer
The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under part A of subchapter IX of this chapter, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act [
(2) Agreement
(A) The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of the programs specified in paragraph (1), for the distribution and use of those program funds under terms that the Secretary determines best meet the purposes of those programs.
(B) The agreement shall—
(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred, the steps to be taken to achieve the National Education Goals, and performance measures to assess program effectiveness, including measurable goals and objectives; and
(ii) be developed in consultation with Indian tribes.
(b) Administration
The Department of the Interior may use not more than 1.5 percent of the funds consolidated under this section for such department's costs related to the administration of the funds transferred under this section.
(
References in Text
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(1), is
Amendments
2000—Subsec. (a)(1).
§8826. Availability of unneeded program funds
(a) Unneeded program funds
With the approval of its State educational agency, a local educational agency that determines for any fiscal year that funds under a covered program (other than part A of subchapter I of this chapter) are not needed for the purpose of that covered program, may use such funds, not to exceed five percent of the total amount of such local educational agency's funds under that covered program, for the purpose of another covered program.
(b) Coordination of services
A local educational agency, individual school, or consortium of schools may use a total of not more than five percent of the funds such agency, school, or consortium, respectively, receives under this chapter for the establishment and implementation of a coordinated services project in accordance with the requirements of subchapter XI of this chapter.
(
Section Referred to in Other Sections
This section is referred to in
Part C—Coordination of Programs; Consolidated State and Local Plans and Applications
Part Referred to in Other Sections
This part is referred to in
§8851. Purpose
It is the purpose of this part to improve teaching and learning by encouraging greater cross-program coordination, planning, and service delivery under this chapter and enhanced integration of programs under this chapter with educational activities carried out with State and local funds.
(
§8852. Optional consolidated State plans or applications
(a) General authority
(1) Simplification
In order to simplify application requirements and reduce the burden for State educational agencies under this chapter, the Secretary, in accordance with subsection (b) of this section, shall establish procedures and criteria under which a State educational agency may submit a consolidated State plan or a consolidated State application meeting the requirements of this section for—
(A) each of the covered programs in which the State participates; and
(B) the additional programs described in paragraph (2).
(2) Additional programs
A State educational agency may also include in its consolidated State plan or consolidated State application—
(A) the Even Start program under part B of subchapter I of this chapter;
(B) the Prevention and Intervention Programs for Youth Who Are Neglected, Delinquent, or At-Risk of Dropping Out under part D of subchapter I of this chapter;
(C) programs under the Goals 2000: Educate America Act [
(D) programs under the School-to-Work Opportunities Act of 1994 [
(E) such other programs as the Secretary may designate.
(3) Consolidated applications and plans
A State educational agency that submits a consolidated State plan or a consolidated State application under this section shall not be required to submit separate State plans or applications under any of the programs to which the consolidated State plan or consolidated State application under this section applies.
(b) Collaboration
(1) In general
In establishing criteria and procedures under this section, the Secretary shall collaborate with State educational agencies and, as appropriate, with other State agencies, local educational agencies, public and private nonprofit agencies, organizations, and institutions, private schools, and representatives of parents, students, and teachers.
(2) Contents
Through the collaborative process described in subsection (b)(1) of this section, the Secretary shall establish, for each program under the chapter to which this section applies, the descriptions, information, assurances, and other material required to be included in a consolidated State plan or consolidated State application.
(3) Necessary materials
The Secretary shall require only descriptions, information, assurances, and other materials that are absolutely necessary for the consideration of the consolidated State plan or consolidated State application.
(
References in Text
The Goals 2000: Educate America Act, referred to in subsec. (a)(2)(C), is
The School-to-Work Opportunities Act of 1994, referred to in subsec. (a)(2)(D), is
Amendments
1998—Subsec. (a)(2)(C) to (F).
Section Referred to in Other Sections
This section is referred to in
§8853. General applicability of State educational agency assurances
(a) Assurances
A State educational agency that submits a consolidated State plan or consolidated State application under this chapter, whether separately or under
(1) each such program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;
(2)(A) the control of funds provided under each such program and title to property acquired with program funds will be in a public agency, in a nonprofit private agency, institution, or organization, or in an Indian tribe if the law authorizing the program provides for assistance to such entities; and
(B) the public agency, nonprofit private agency, institution, or organization, or Indian tribe will administer such funds and property to the extent required by the authorizing law;
(3) the State will adopt and use proper methods of administering each such program, including—
(A) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program;
(B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; and
(C) the adoption of written procedures for the receipt and resolution of complaints alleging violations of law in the administration of such programs;
(4) the State will cooperate in carrying out any evaluation of each such program conducted by or for the Secretary or other Federal officials;
(5) the State will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the State under each such program;
(6) the State will—
(A) make reports to the Secretary as may be necessary to enable the Secretary to perform the Secretary's duties under each such program; and
(B) maintain such records, provide such information to the Secretary, and afford access to the records as the Secretary may find necessary to carry out the Secretary's duties; and
(7) before the plan or application was submitted to the Secretary, the State has afforded a reasonable opportunity for public comment on the plan or application and has considered such comment.
(b) GEPA provision
(
§8854. Additional coordination
(a) Additional coordination
In order to explore ways for State educational agencies to reduce administrative burdens and promote the coordination of the education services of this chapter with other health and social service programs administered by such agencies, the Secretary is directed to seek agreements with other Federal agencies (including the Departments of Health and Human Services, Justice, Labor and Agriculture) for the purpose of establishing procedures and criteria under which a State educational agency would submit a consolidated State plan or consolidated State application that meets the requirements of the covered programs.
(b) Report
The Secretary shall report to the relevant committees 6 months after October 20, 1994.
(
Section Referred to in Other Sections
This section is referred to in
§8855. Consolidated local plans or applications
(a) General authority
A local educational agency receiving funds under more than one covered program may submit plans or applications to the State educational agency under such programs on a consolidated basis.
(b) Required consolidated plans or applications
A State educational agency that has submitted and had approved a consolidated State plan or application under
(c) Collaboration
A State educational agency shall collaborate with local educational agencies in the State in establishing procedures for the submission of the consolidated State plans or consolidated State applications under this section.
(d) Necessary materials
The State educational agency shall require only descriptions, information, assurances, and other material that are absolutely necessary for the consideration of the local educational agency plan or application.
(
§8856. Other general assurances
(a) Assurances
Any applicant other than a State educational agency that submits a plan or application under this chapter, whether separately or pursuant to
(1) each such program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;
(2)(A) the control of funds provided under each such program and title to property acquired with program funds will be in a public agency or in a nonprofit private agency, institution, organization, or Indian tribe, if the law authorizing the program provides for assistance to such entities; and
(B) the public agency, nonprofit private agency, institution, or organization, or Indian tribe will administer such funds and property to the extent required by the authorizing statutes;
(3) the applicant will adopt and use proper methods of administering each such program, including—
(A) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program; and
(B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation;
(4) the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary or other Federal officials;
(5) the applicant will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to such applicant under each such program;
(6) the applicant will—
(A) make reports to the State educational agency and the Secretary as may be necessary to enable such agency and the Secretary to perform their duties under each such program; and
(B) maintain such records, provide such information, and afford access to the records as the State educational agency or the Secretary may find necessary to carry out the State educational agency's or the Secretary's duties; and
(7) before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and has considered such comment.
(b) GEPA provision
(
Section Referred to in Other Sections
This section is referred to in
§8857. Relationship of State and local plans to plans under Goals 2000: Educate America Act
(a) State plans
(1) In general
Each State plan submitted under the following programs shall be integrated with each other and the State's improvement plan, if any, either approved or being developed, under title III 1 of the Goals 2000: Educate America Act, the School-to-Work Opportunities Act of 1994 [
(A) Part A of subchapter I of this chapter (helping disadvantaged children meet high standards).
(B) Part C of subchapter I of this chapter (education of migratory children).
(C) Part D of subchapter I of this chapter (education of neglected, delinquent, and at-risk youth).
(D) Subchapter II of this chapter (professional development).
(E) Subchapter IV of this chapter (safe and drug-free schools).
(F) Subchapter VI of this chapter (innovative education program strategies).
(G) Subpart 4 of part A of subchapter IX of this chapter (Indian education).
(2) Special rule
Notwithstanding any other provision of this chapter, if a requirement relating to a State plan referred to in paragraph (1) is already satisfied by the approved State improvement plan for such State under title III 1 of the Goals 2000: Educate America Act, the State plan referred to in paragraph (1) need not separately address that requirement.
(3) Amendment
Any State plan referred to in paragraph (1) may, if necessary, be submitted as an amendment to the State improvement plan for such State under title III 1 of the Goals 2000: Educate America Act.
(b) Local plans
(1) In general
Each local educational agency plan submitted under the following programs shall be integrated with each other and its local improvement plan, if any, either approved or being developed, under title III 1 of the Goals 2000: Educate America Act [
(A) Part A of subchapter I of this chapter (helping disadvantaged children meet high standards).
(B) Subchapter II of this chapter (professional development).
(C) Subchapter IV of this chapter (safe and drug-free schools).
(D) Subpart 4 of part A of subchapter IX of this chapter (Indian education).
(E) Subpart 1 of part A of subchapter VII of this chapter (bilingual education).
(F) Subchapter VI of this chapter (innovative education program strategies).
(G) Part C of subchapter VII of this chapter (emergency immigrant education).
(2) Plan of operation
Each plan of operation included in an application submitted by an eligible entity under part B of subchapter I of this chapter (Even Start) shall be consistent with, and promote the goals of, the State and local improvement plans, either approved or being developed, under title III 1 of the Goals 2000: Educate America Act or, if those plans are not approved or being developed, with the State and local plans under
(3) Special rule
Notwithstanding any other provision of this chapter, if a requirement relating to a local plan referred to in paragraph (1) is already satisfied by the local educational agency's approved local improvement plan under title III 1 of the Goals 2000: Educate America Act, the local plan referred to in paragraph (1) need not separately address that requirement.
(4) Submission
Any local plan referred to in paragraph (1) may, if necessary, be submitted as an amendment to the local educational agency's improvement plan under title III 1 of the Goals 2000: Educate America Act.
(
References in Text
The Goals 2000: Educate America Act, referred to in section catchline and text, is
The School-to-Work Opportunities Act of 1994, referred to in subsec. (a)(1), is
The Carl D. Perkins Vocational and Technical Education Act of 1998, referred to in subsec. (a)(1), is
Amendments
1998—Subsec. (a)(1).
1 See References in Text note below.
Part D—Waivers
Part Referred to in Other Sections
This part is referred to in
§8881. Waivers of statutory and regulatory requirements
(a) In general
Except as provided in subsection (c) of this section, the Secretary may waive any statutory or regulatory requirement of this chapter for a State educational agency, local educational agency, Indian tribe, or school through a local educational agency, that—
(1) receives funds under a program authorized by this chapter; and
(2) requests a waiver under subsection (b) of this section.
(b) Request for waiver
(1) In general
A State educational agency, local educational agency, or Indian tribe which desires a waiver shall submit a waiver request to the Secretary that—
(A) identifies the Federal programs affected by such requested waiver;
(B) describes which Federal requirements are to be waived and how the waiving of such requirements will—
(i) increase the quality of instruction for students; or
(ii) improve the academic performance of students;
(C) if applicable, describes which similar State and local requirements will be waived and how the waiving of such requirements will assist the local educational agencies, Indian tribes or schools, as appropriate, to achieve the objectives described in clauses (i) and (ii) of subparagraph (B);
(D) describes specific, measurable educational improvement goals and expected outcomes for all affected students;
(E) describes the methods to be used to measure progress in meeting such goals and outcomes; and
(F) describes how schools will continue to provide assistance to the same populations served by programs for which waivers are requested.
(2) Additional information
Such requests—
(A) may provide for waivers of requirements applicable to State educational agencies, local educational agencies, Indian tribes, and schools; and
(B) shall be developed and submitted—
(i)(I) by local educational agencies (on behalf of such agencies and schools) to State educational agencies; and
(II) by State educational agencies (on behalf of, and based upon the requests of, local educational agencies) to the Secretary; or
(ii) by Indian tribes (on behalf of schools operated by such tribes) to the Secretary.
(3) General requirements
(A) In the case of a waiver request submitted by a State educational agency acting in its own behalf, the State educational agency shall—
(i) provide all interested local educational agencies in the State with notice and a reasonable opportunity to comment on the request;
(ii) submit the comments to the Secretary; and
(iii) provide notice and information to the public regarding the waiver request in the manner that the applying agency customarily provides similar notices and information to the public.
(B) In the case of a waiver request submitted by a local educational agency that receives funds under this chapter—
(i) such request shall be reviewed by the State educational agency and be accompanied by the comments, if any, of such State educational agency; and
(ii) notice and information regarding the waiver request shall be provided to the public by the agency requesting the waiver in the manner that such agency customarily provides similar notices and information to the public.
(c) Restrictions
The Secretary shall not waive under this section any statutory or regulatory requirements relating to—
(1) the allocation or distribution of funds to States, local educational agencies, or other recipients of funds under this chapter;
(2) maintenance of effort;
(3) comparability of services;
(4) use of Federal funds to supplement, not supplant, non-Federal funds;
(5) equitable participation of private school students and teachers;
(6) parental participation and involvement;
(7) applicable civil rights requirements;
(8) the requirement for a charter school under part C of subchapter X of this chapter; or
(9) the prohibitions regarding—
(A) State aid in
(B) use of funds for religious worship or instruction in
(d) Duration and extension of waiver
(1) In general
Except as provided in paragraph (2), the duration of a waiver approved by the Secretary under this section may be for a period not to exceed three years.
(2) Extension
The Secretary may extend the period described in paragraph (1) if the Secretary determines that—
(A) the waiver has been effective in enabling the State or affected recipients to carry out the activities for which the waiver was requested and the waiver has contributed to improved student performance; and
(B) such extension is in the public interest.
(e) Reports
(1) Local waiver
A local educational agency that receives a waiver under this section shall at the end of the second year for which a waiver is received under this section, and each subsequent year, submit a report to the State educational agency that—
(A) describes the uses of such waiver by such agency or by schools;
(B) describes how schools continued to provide assistance to the same populations served by the programs for which waivers are requested; and
(C) evaluates the progress of such agency and of schools in improving the quality of instruction or the academic performance of students.
(2) State waiver
A State educational agency that receives reports required under paragraph (1) shall annually submit a report to the Secretary that is based on such reports and contains such information as the Secretary may require.
(3) Indian tribe waiver
An Indian tribe that receives a waiver under this section shall annually submit a report to the Secretary that—
(A) describes the uses of such waiver by schools operated by such tribe; and
(B) evaluates the progress of such schools in improving the quality of instruction or the academic performance of students.
(4) Report to Congress
Beginning in fiscal year 1997 and each subsequent year, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report—
(A) summarizing the uses of waivers by State educational agencies, local educational agencies, Indian tribes, and schools; and
(B) describing whether such waivers—
(i) increased the quality of instruction to students; or
(ii) improved the academic performance of students.
(f) Termination of waivers
The Secretary shall terminate a waiver under this section if the Secretary determines that the performance of the State or other recipient affected by the waiver has been inadequate to justify a continuation of the waiver or if the waiver is no longer necessary to achieve its original purposes.
(g) Publication
A notice of the Secretary's decision to grant each waiver under subsection (a) of this section shall be published in the Federal Register and the Secretary shall provide for the dissemination of such notice to State educational agencies, interested parties, including educators, parents, students, advocacy and civil rights organizations, and the public.
(
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
Section Referred to in Other Sections
This section is referred to in
Part E—Uniform Provisions
Part Referred to in Other Sections
This part is referred to in
§8891. Maintenance of effort
(a) In general
A local educational agency may receive funds under a covered program for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of such agency and the State with respect to the provision of free public education by such agency for the preceding fiscal year was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second preceding fiscal year.
(b) Reduction in case of failure to meet
(1) In general
The State educational agency shall reduce the amount of the allocation of funds under a covered program in any fiscal year in the exact proportion to which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to such local agency).
(2) Special rule
No such lesser amount shall be used for computing the effort required under subsection (a) of this section for subsequent years.
(c) Waiver
The Secretary may waive the requirements of this section if the Secretary determines that such a waiver would be equitable due to—
(1) exceptional or uncontrollable circumstances such as a natural disaster; or
(2) a precipitous decline in the financial resources of the local educational agency.
(
Section Referred to in Other Sections
This section is referred to in
§8892. Prohibition regarding State aid
A State shall not take into consideration payments under this chapter (other than under subchapter VIII) in determining the eligibility of any local educational agency in such State for State aid, or the amount of State aid, with respect to free public education of children.
(
Section Referred to in Other Sections
This section is referred to in
§8893. Participation by private school children and teachers
(a) Private school participation
(1) In general
Except as otherwise provided in this chapter, to the extent consistent with the number of eligible children in a State educational agency, local educational agency, or educational service agency or consortium of such agencies receiving financial assistance under a program specified in subsection (b) of this section, who are enrolled in private elementary and secondary schools in such agency or consortium, such agency or consortium shall, after timely and meaningful consultation with appropriate private school officials, provide such children and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits under such program.
(2) Secular, neutral, and nonideological services or benefits
Educational services or other benefits, including materials and equipment, provided under this section, shall be secular, neutral, and nonideological.
(3) Special rule
Educational services and other benefits provided under this section for such private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in such program.
(4) Expenditures
Expenditures for educational services and other benefits provided under this section to eligible private school children, their teachers, and other educational personnel serving such children shall be equal, taking into account the number and educational needs of the children to be served, to the expenditures for participating public school children.
(5) Provision of services
Such agency or consortium described in subsection (a)(1) of this section may provide such services directly or through contracts with public and private agencies, organizations, and institutions.
(b) Applicability
(1) In general
This section applies to programs under—
(A) part C of subchapter I of this chapter (migrant education);
(B) subchapter II of this chapter (other than
(C) subchapter VII of this chapter;
(D) subchapter III of this chapter (other than part B of such subchapter) (Star Schools); and
(E) part A of subchapter IV of this chapter (other than
(2) "Eligible children" defined
For the purposes of this section, the term "eligible children" means children eligible for services under a program described in paragraph (1).
(c) Consultation
(1) In general
To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency or consortium of such agencies shall consult with appropriate private school officials during the design and development of the programs under this chapter, on issues such as—
(A) how the children's needs will be identified;
(B) what services will be offered;
(C) how and where the services will be provided; and
(D) how the services will be assessed.
(2) Timing
Such consultation shall occur before the agency or consortium makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate in programs under this chapter.
(3) Discussion required
Such consultation shall include a discussion of service delivery mechanisms that the agency or consortium could use to provide equitable services to eligible private school children, teachers, administrators, and other staff.
(d) Public control of funds
(1) In general
The control of funds used to provide services under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency for the uses and purposes provided in this chapter, and a public agency shall administer such funds and property.
(2) Provision of services
(A) The provision of services under this section shall be provided—
(i) by employees of a public agency; or
(ii) through contract by such public agency with an individual, association, agency, or organization.
(B) In the provision of such services, such employee, person, association, agency, or organization shall be independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency.
(C) Funds used to provide services under this section shall not be commingled with non-Federal funds.
(
Amendments
1998—Subsec. (b)(1)(B).
Section Referred to in Other Sections
This section is referred to in
§8894. Standards for by-pass
If, by reason of any provision of law, a State educational agency, local educational agency, educational service agency or consortium of such agencies is prohibited from providing for the participation in programs of children enrolled in, or teachers or other educational personnel from, private elementary and secondary schools, on an equitable basis, or if the Secretary determines that such agency or consortium has substantially failed or is unwilling to provide for such participation, as required by
(1) waive the requirements of that section for such agency or consortium; and
(2) arrange for the provision of equitable services to such children, teachers, or other educational personnel through arrangements that shall be subject to the requirements of this section and of
(
Section Referred to in Other Sections
This section is referred to in
§8895. Complaint process for participation of private school children
(a) Procedures for complaints
The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of
(b) Appeals to Secretary
Such resolution may be appealed by an interested party to the Secretary not later than 30 days after the State educational agency resolves the complaint or fails to resolve the complaint within a reasonable period of time. Such appeal shall be accompanied by a copy of the State educational agency's resolution, and a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve each such appeal not later than 120 days after receipt of the appeal.
(
Section Referred to in Other Sections
This section is referred to in
§8896. By-pass determination process
(a) Review
(1) In general
(A) The Secretary shall not take any final action under
(B) Pending final resolution of any investigation or complaint that could result in a determination under this section, the Secretary may withhold from the allocation of the affected State or local educational agency the amount estimated by the Secretary to be necessary to pay the cost of those services.
(2) Petition for review
(A) If such affected agency or consortium is dissatisfied with the Secretary's final action after a proceeding under paragraph (1), such agency or consortium may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action.
(B) A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary.
(C) The Secretary upon receipt of the copy of the petition shall file in the court the record of the proceedings on which the Secretary based this action, as provided in
(3) Findings of fact
(A) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence and the Secretary may then make new or modified findings of fact and may modify the Secretary's previous action, and shall file in the court the record of the further proceedings.
(B) Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(4) Jurisdiction
(A) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set such action aside, in whole or in part.
(B) The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in
(b) Determination
Any determination by the Secretary under this section shall continue in effect until the Secretary determines, in consultation with such agency or consortium and representatives of the affected private school children, teachers, or other educational personnel that there will no longer be any failure or inability on the part of such agency or consortium to meet the applicable requirements of
(c) Payment from State allotment
When the Secretary arranges for services pursuant to this section, the Secretary shall, after consultation with the appropriate public and private school officials, pay the cost of such services, including the administrative costs of arranging for those services, from the appropriate allocation or allocations under this chapter.
(d) Prior determination
Any by-pass determination by the Secretary under this Act as in effect on the day preceding October 20, 1994, shall remain in effect to the extent the Secretary determines that such determination is consistent with the purpose of this section.
(
References in Text
This Act, as in effect on the day preceding October 20, 1994, referred to in subsec. (d), is
Section Referred to in Other Sections
This section is referred to in
§8897. Prohibition against funds for religious worship or instruction
Nothing contained in this chapter shall be construed to authorize the making of any payment under this chapter for religious worship or instruction.
(
Section Referred to in Other Sections
This section is referred to in
§8898. Applicability to home schools
Nothing in this chapter shall be construed to affect home schools.
(
§8899. General provision regarding nonrecipient nonpublic schools
Nothing in this chapter shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to bar private, religious, or home schools from participation in programs or services under this chapter.
(
§8900. School prayer
Any State or local educational agency that is adjudged by a Federal court of competent jurisdiction to have willfully violated a Federal court order mandating that such local educational agency remedy a violation of the constitutional right of any student with respect to prayer in public schools, in addition to any other judicial remedies, shall be ineligible to receive Federal funds under this chapter until such time as the local educational agency complies with such order. Funds that are withheld under this section shall not be reimbursed for the period during which the local educational agency was in willful noncompliance.
(
§8901. General prohibitions
(a) Prohibition
None of the funds authorized under this chapter shall be used—
(1) to develop or distribute materials, or operate programs or courses of instruction directed at youth that are designed to promote or encourage, sexual activity, whether homosexual or heterosexual;
(2) to distribute or to aid in the distribution by any organization of legally obscene materials to minors on school grounds;
(3) to provide sex education or HIV prevention education in schools unless such instruction is age appropriate and includes the health benefits of abstinence; or
(4) to operate a program of condom distribution in schools.
(b) Local control
Nothing in this section shall be construed to—
(1) authorize an officer or employee of the Federal Government to mandate, direct, review, or control a State, local educational agency, or schools' instructional content, curriculum, and related activities;
(2) limit the application of the General Education Provisions Act [
(3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or
(4) create any legally enforceable right.
(
References in Text
The General Education Provisions Act, referred to in subsec. (b)(2), is title IV of
§8902. Prohibition on Federal mandates, direction, and control
Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school's curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter.
(
§8903. Report
The Secretary shall report to the Congress not later than 180 days after October 20, 1994, regarding how the Secretary shall ensure that audits conducted by Department employees of activities assisted under this chapter comply with changes to this chapter made by the Improving America's Schools Act of 1994, particularly with respect to permitting children with similar educational needs to be served in the same educational settings, where appropriate.
(
References in Text
The Improving America's Schools Act of 1994, referred to in text, is
§8904. Required participation prohibited
Notwithstanding any other provision of law, no State shall be required to participate in any program under the Goals 2000: Educate America Act [
(
References in Text
The Goals 2000: Educate America Act, referred to in text, is
Part F—Gun Possession
Part Referred to in Other Sections
This part is referred to in
§8921. Gun-free requirements
(a) Short title
This section may be cited as the "Gun-Free Schools Act of 1994".
(b) Requirements
(1) In general
Except as provided in paragraph (3), each State receiving Federal funds under this chapter shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than one year a student who is determined to have brought a weapon to a school under the jurisdiction of local educational agencies in that State, except that such State law shall allow the chief administering officer of such local educational agency to modify such expulsion requirement for a student on a case-by-case basis.
(2) Construction
Nothing in this subchapter shall be construed to prevent a State from allowing a local educational agency that has expelled a student from such a student's regular school setting from providing educational services to such student in an alternative setting.
(3) Special rule
(A) Any State that has a law in effect prior to October 20, 1994, which is in conflict with the not less than one year expulsion requirement described in paragraph (1) shall have the period of time described in subparagraph (B) to comply with such requirement.
(B) The period of time shall be the period beginning on October 20, 1994, and ending one year after such date.
(4) "Weapon" defined
For the purpose of this section, the term "weapon" means a firearm as such term is defined in
(c) Special rule
The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act [
(d) Report to State
Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under this chapter shall provide to the State, in the application requesting such assistance—
(1) an assurance that such local educational agency is in compliance with the State law required by subsection (b) of this section; and
(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection (b) of this section, including—
(A) the name of the school concerned;
(B) the number of students expelled from such school; and
(C) the type of weapons concerned.
(e) Reporting
Each State shall report the information described in subsection (c) of this section to the Secretary on an annual basis.
(f) Report to Congress
Two years after October 20, 1994, the Secretary shall report to Congress if any State is not in compliance with the requirements of this subchapter.
(
References in Text
The Individuals with Disabilities Education Act, referred to in subsec. (c), is title VI of
Applicability of Individuals With Disabilities Education Act
Section 314(b) of
§8922. Policy regarding criminal justice system referral
(a) In general
No funds shall be made available under this chapter to any local educational agency unless such agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency.
(b) Definitions
For the purpose of this section, the terms "firearm" and "school" have the same meaning given to such terms by
(
§8923. Data and policy dissemination under IDEA
The Secretary shall—
(1) widely disseminate the policy of the Department in effect on October 20, 1994, with respect to disciplining children with disabilities;
(2) collect data on the incidence of children with disabilities (as such term is defined in section 602(a)(1) 1 of the Individuals With 2 Disabilities Education Act) engaging in life threatening behavior or bringing weapons to schools; and
(3) submit a report to Congress not later than January 31, 1995, analyzing the strengths and problems with the current approaches regarding disciplining children with disabilities.
(
References in Text
Section 602 of the Individuals with Disabilities Education Act, referred to in par. (2), was classified to
1 See References in Text note below.
2 So in original. Probably should not be capitalized.
Part G—Evaluations
§8941. Evaluations
(a) Evaluations
(1) In general
Except as provided in paragraph (2), the Secretary is authorized to reserve not more than 0.50 percent of the amount appropriated to carry out each program authorized under this chapter—
(A) to carry out comprehensive evaluations of categorical programs and demonstration projects, and studies of program effectiveness, under this chapter, and the administrative impact of such programs on schools and local educational agencies in accordance with subsection (b) of this section;
(B) to evaluate the aggregate short- and long-term effects and cost efficiencies across Federal programs under this chapter and related Federal preschool, elementary and secondary programs under other Federal law; and
(C) to strengthen the usefulness of grant recipient evaluations for continuous program progress through improving the quality, timeliness, efficiency, and utilization of program information on program performance.
(2) Special rule
(A) Paragraph (1) shall not apply to any program under subchapter I of this chapter.
(B) If funds are made available under any program assisted under this chapter (other than a program under subchapter I of this chapter) for evaluation activities, then the Secretary shall reserve no additional funds pursuant to the authority in subsection (a)(1) of this section to evaluate such program, but shall coordinate the evaluation of such program with the national evaluation described in subsection (b) of this section.
(b) National evaluations
(1) In general
The Secretary shall use the funds made available under subsection (a) of this section to carry out—
(A) independent studies of categorical and demonstration programs under this chapter and the administrative impact of such programs on schools and local educational agencies, that are coordinated with research supported through the Office of Educational Research and Improvement, using rigorous methodological designs and techniques, including longitudinal designs, control groups, and random assignment, as appropriate, to determine—
(i) the success of such programs in meeting the measurable goals and objectives, through appropriate targeting, quality services, and efficient administration, and in contributing to achieving the National Education Goals, with a priority on assessing program impact on student performance;
(ii) the short- and long-term effects of program participation on program participants, as appropriate;
(iii) the cost and efficiency of such programs;
(iv) to the extent feasible, the cost of serving all students eligible to be served under such programs;
(v) specific intervention strategies and implementation of such strategies that, based on theory, research and evaluation, offer the promise of improved achievement of program objectives;
(vi) promising means of identifying and disseminating effective management and educational practices;
(vii) the effect of such programs on school and local educational agencies' administrative responsibilities and structure, including the use of local and State resources, with particular attention to schools and agencies serving a high concentration of disadvantaged students; and
(viii) the effect of Federal categorical programs at the elementary and secondary levels on the proliferation of State categorical education aid programs and regulations, including an evaluation of the State regulations that are developed in response to Federal education laws;
(B) in collaboration with the national assessment conducted pursuant to
(i) encompass the changes made in Federal programs pursuant to the Improving America's Schools Act of 1994 as well as in any other law enacted during the 103d Congress that amended a Federal program assisting preschool, elementary, or secondary education;
(ii) encompass new initiatives such as initiatives under the Goals 2000: Educate America Act [
(iii) include a comprehensive review of the programs developed under the Acts described in clauses (i) and (ii) to determine such programs' overall effect on—
(I) the readiness of children for schooling;
(II) the improvement in educational attainment of students in elementary and secondary education; and
(III) the improvement in skills needed by students to obtain employment or pursue further education upon completion of secondary school or further education;
(iv) include a comprehensive review of the programs under the Acts described in clauses (i) and (ii) to determine such programs' overall effect—
(I) on school reform efforts undertaken by States;
(II) on efforts by States to adopt educational standards to improve schooling for all children, to align their curricula, teacher training, and assessments with such standards, and to bring flexibility to the rules governing how education is to be provided; and
(III) on student populations that have been the traditional beneficiaries of Federal assistance in order to determine whether such population's educational attainment has been improved as a result of such programs;
(v) evaluate how the National Assessment Governing Board, the Advisory Council on Education Statistics, and the National Education Goals Panel coordinate, interact, or duplicate efforts to assist the States in reforming the educational systems of States; and
(vi) include a review of the programs under the Acts described in clauses (i) and (ii) in such detail as the Secretary deems appropriate, and may involve cooperation with other Federal departments and agencies in order to incorporate evaluations and recommendations of such departments and agencies; and
(C) a study of the waivers granted under
(i) data on the total number of waiver requests that were granted and the total number of such requests that were denied, disaggregated by the statutory or regulatory requirement for which the waivers were requested; and
(ii) an analysis of the effect of waivers on categorical program requirements and other flexibility provisions in this chapter, the School-to-Work Opportunities Act of 1994 [
(D) a study of the waivers provided under
(i) the extent to which schoolwide programs are meeting the intent and purposes of any program for which provisions were waived; and
(ii) the extent to which the needs of all students are being served by such programs particularly students who would be eligible for assistance under any provisions waived.
(2) Independent panel
The Secretary shall appoint an independent panel to review the plan for the evaluation described in paragraph (1), to advise the Secretary on such evaluation's progress, and to comment, if the panel so wishes, on the final report described in paragraph (3).
(3) Report
The Secretary shall submit a final report on the evaluation described in this subsection by January 1, 1998, to the Committee on Education and Labor of the House of Representatives and to the Committee on Labor and Human Resources of the Senate.
(c) Recipient evaluation and quality assurance improvement
The Secretary is authorized to provide guidance, technical assistance, and model programs to recipients of assistance under this chapter to strengthen information for quality assurance and performance information feedback at State and local levels. Such guidance and assistance shall promote the development, measurement and reporting of valid, reliable, timely and consistent performance indicators within a program in order to promote continuous program improvement. Nothing in this subsection shall be construed to establish a national data system.
(
References in Text
The Improving America's Schools Act of 1994, referred to in subsec. (b)(1)(B)(i), is
The Goals 2000: Educate America Act, referred to in subsec. (b)(1)(B)(ii), (C)(ii), is
The School-to-Work Opportunities Act of 1994, referred to in subsec. (b)(1)(B)(ii), (C)(ii), is
Amendments
1996—Subsec. (b)(1)(B)(v).
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
Section Referred to in Other Sections
This section is referred to in
Part H—Sense of Congress
§8961. Sense of Congress to increase total share of Federal spending on education
(a) Findings
The Congress finds that—
(1) in order to increase our Nation's standard of living and to increase the number of good jobs, the United States must increase its productivity and ability to compete in the international marketplace by improving the educational level of our workforce;
(2) although efforts are being made to establish higher educational standards and goals, there is a substantial shortage of resources to meet such standards and goals;
(3) States and local communities are finding it increasingly difficult to meet ever higher educational standards and goals, and States will not be able to fund needed changes without Federal help to reach such standards and goals;
(4) the Federal Government has established many educational programs but failed to provide adequate funding for such programs, for example one such program provides education to our Nation's disabled students and was established with a promise of 40 percent Federal funding but currently receives only eight percent Federal funding;
(5) the annual shortfall in Federal education programs is approximately half of the promised funding;
(6) many needed educational improvements will not need Federal funds, however, other suggested changes such as lengthened school years, better pay, after-school activities, mentoring for students at risk, programs for gifted students, and replacing substandard buildings, will require substantial Federal assistance; and
(7) the Federal contribution to education is less than two percent of the total Federal budget, and in order to make education a national priority, the total percentage of Federal educational funding should be increased by one percent each year over the next eight years to reach 10 percent of the total Federal budget.
(b) Sense of Congress
It is the sense of the Congress that the total share of the Federal spending on education should increase by at least one percent each year until such share reaches 10 percent of the total Federal budget.
(
§8962. Sense of Congress; requirement regarding notice
(a) Purchase of American-made equipment and products
In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this chapter, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products.
(b) Notice to recipients of assistance
In providing financial assistance under this chapter, the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) of this section by the Congress.
(