SUBCHAPTER III—TECHNOLOGY FOR EDUCATION

Subchapter Referred to in Other Sections

This subchapter is referred to in section 8893 of this title.

§6801. Short title

This subchapter may be cited as the "Technology for Education Act of 1994".

(Pub. L. 89–10, title III, §3101, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3636.)

Part A—Technology for Education of All Students

§6811. Findings

The Congress finds that—

(1) technology can produce far greater opportunities for all students to learn to high standards, promote efficiency and effectiveness in education, and help propel our Nation's school systems into very immediate and dramatic reform, without which our Nation will not meet the National Education Goals by the target year 2000;

(2) the use of technology as a tool in the teaching and learning process is essential to the development and maintenance of a technologically literate citizenry and an internationally competitive workforce;

(3) the acquisition and use of technology in education throughout the United States has been inhibited by—

(A) the absence of Federal leadership;

(B) the inability of many State and local educational agencies to invest in and support needed technologies;

(C) the limited exposure of students and teachers to the power of technology as a cost-effective tool to improve student learning and achievement;

(D) the lack of appropriate electrical and telephone connections in the classroom; and

(E) the limited availability of appropriate technology-enhanced curriculum, instruction, professional development, and administrative support resources and services in the educational marketplace;

(4) policies at the Federal, State, and local levels concerning technology in education must address disparities in the availability of technology to different groups of students, give priority to serving students in greatest need, and recognize that educational telecommunications and technology can address educational equalization concerns and school restructuring needs by providing universal access to high-quality teaching and programs, particularly in urban and rural areas;

(5) the increasing use of new technologies and telecommunications systems in business has increased the gap between schooling and work force preparation, and underscores the need for technology policies at the Federal, State, tribal, and local levels that address preparation for school-to-work transitions;

(6) technology can enhance the ongoing professional development of teachers and administrators by providing constant access to updated research in teaching and learning by means of telecommunications, and, through exposure to technology advancements, keep teachers and administrators excited and knowledgeable about unfolding opportunities for the classroom;

(7) planned and creative uses of technology, combined with teachers adequately trained in the use of technology, can reshape our Nation's traditional method of providing education and empower teachers to create an environment in which students are challenged through rigorous, rich classroom instruction provided at a pace suited to each student's learning style, and in which students have increased opportunities to develop higher order thinking and technical skills;

(8) schools need new ways of financing the acquisition and maintenance of educational technology;

(9) the needs for educational technology differ from State to State;

(10) technology can provide students, parents, teachers, other education professionals, communities, and industry with increased opportunities for partnerships and with increased access to information, instruction, and educational services in schools and other settings, including homes, libraries, preschool and child-care facilities, adult and family education programs, and postsecondary institutions;

(11) the Department, consistent with the overall national technology policy established by the President, must assume a vital leadership and coordinating role in developing the national vision and strategy to infuse advanced technology throughout all educational programs;

(12) Federal support can ease the burden at the State and local levels by enabling the acquisition of advanced technology and initiating the development of teacher training and support as well as new educational products;

(13) leadership at the Federal level should consider guidelines to ensure that educational technology is accessible to all users with maximum interoperability nationwide;

(14) the rapidly changing nature of technology requires coordination and flexibility in Federal leadership; and

(15) technology has the potential to assist and support the improvement of teaching and learning in schools and other settings.

(Pub. L. 89–10, title III, §3111, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3637.)

§6812. Statement of purpose

The purpose of this part is to support a comprehensive system for the acquisition and use by elementary and secondary schools in the United States of technology and technology-enhanced curricula, instruction, and administrative support resources and services to improve the delivery of educational services. Such system shall include—

(1) national leadership with respect to the need for, and the provision of, appropriate technology-enhanced curriculum, instruction, and administrative programs to improve learning in the United States, and to promote equal access for all students to educational opportunities in order to achieve the National Education Goals by the year 2000;

(2) funding mechanisms which will support the development, interconnection, implementation, improvement, and maintenance of an effective educational technology infrastructure, including activities undertaken by State and local educational agencies to promote and provide equipment, training for teachers and school library and media personnel, and technical support;

(3) support for technical assistance, professional development, information and resource dissemination, in order to help States, local educational agencies, teachers, school library and media personnel, and administrators successfully integrate technology into kindergarten through 12th grade classrooms and library media centers;

(4) support for the development of educational and instructional programming in core subject areas, which shall address the National Education Goals;

(5) strengthening and building upon, but not duplicating, existing telecommunications infrastructures dedicated to educational purposes;

(6) development and evaluation of new and emerging educational technologies, telecommunications networks, and state-of-the-art educational technology products that promote the use of advanced technologies in the classroom and school library media center;

(7) assessment data regarding state-of-the-art uses of technologies in United States education upon which commercial and noncommercial telecommunications entities, and governments can rely for decisionmaking about the need for, and provision of, appropriate technologies for education in the United States;

(8) ensuring that uses of educational technology are consistent with the overall national technology policy established by the President, and ensuring that Federal technology-related policies and programs will facilitate the use of technology in education;

(9) ensuring that activities supported under this part will form the basis for sound State and local decisions about investing in, sustaining, and expanding uses of technology in education;

(10) establishing working guidelines to ensure maximum interoperability nationwide and ease of access for the emerging technologies so that no school system will be excluded from the technological revolution;

(11) ensuring that, as technological advances are made, the educational uses of these advances are considered and their applications are developed; and

(12) encouragement of collaborative relationships among the State agency for higher education, the State library administrative agency, the State telecommunications agency, and the State educational agency, in the area of technology support to strengthen the system of education.

(Pub. L. 89–10, title III, §3112, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3638.)

§6813. Definitions

For purposes of this subchapter—

(1) the term "adult education" has the same meaning given such term by section 9202 of this title;

(2) the term "all students" means students from a broad range of backgrounds and circumstances, including disadvantaged students, students with diverse racial, ethnic, and cultural backgrounds, students with disabilities, students with limited English proficiency, students who have dropped out of school, and academically talented students;

(3) the term "information infrastructure" means a network of communication systems designed to exchange information among all citizens and residents of the United States;

(4) the term "instructional programming" means the full range of audio and video data, text, graphics, or additional state-of-the-art communications, including multimedia based resources distributed through interactive, command and control, or passive methods for the purpose of education and instruction;

(5) the terms "interoperable" and "interoperability" mean the ability to exchange easily data with, and connect to, other hardware and software in order to provide the greatest accessibility for all students and other users;

(6) the term "Office" means the Office of Educational Technology;

(7) the term "public telecommunications entity" has the same meaning given to such term by section 397(12) of title 47;

(8) the term "regional educational laboratory" means a regional educational laboratory supported under section 6041(h) of this title;

(9) the term "State educational agency" includes the Bureau of Indian Affairs for purposes of serving schools funded by the Bureau of Indian Affairs in accordance with this part;

(10) the term "State library administrative agency" has the same meaning given to such term in section 9122 of this title; and

(11) the term "technology" means state-of-the-art technology products and services, such as closed circuit television systems, educational television and radio programs and services, cable television, satellite, copper and fiber optic transmission, computer hardware and software, video and audio laser and CD-ROM discs, and video and audio tapes.

(Pub. L. 89–10, title III, §3113, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3639; amended Pub. L. 104–208, div. A, title I, §101(e) [title VII, §709(a)(1), (3)], Sept. 30, 1996, 110 Stat. 3009–233, 3009-312; Pub. L. 105–220, title II, §251(b)(2)(D), Aug. 7, 1998, 112 Stat. 1080.)

Amendments

1998—Par. (1). Pub. L. 105–220 substituted "section 9202" for "section 1201a".

1996—Par. (10). Pub. L. 104–208, §101(e) [title VII, §709(a)(1), (3)], amended par. (10) identically, substituting "section 9122 of this title" for "section 351a of this title".

§6814. Authorization of appropriations; funding rule

(a) Authorization of appropriations

(1) Subparts 1, 2, and 3

There are authorized to be appropriated $200,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years to carry out subparts 1, 2, and 3 of this part, of which—

(A)(i) $3,000,000 shall be available to carry out subpart 1 of this part (National Programs for Technology in Education) for any such year for which the amount appropriated under this subsection is less than $75,000,000; and

(ii) $5,000,000 shall be available to carry out subpart 1 of this part for any such year for which the amount appropriated under this subsection is equal to or greater than $75,000,000;

(B) $10,000,000 shall be available to carry out subpart 3 of this part (Regional Technical Support and Professional Development) for each such year; and

(C) the remainder shall be available to carry out subpart 2 of this part (State and Local Programs for School Technology Resources) for each such year.

(2) Subpart 4

For the purpose of carrying out subpart 4 of this part, there are authorized to be appropriated $50,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.

(b) Funding rule

(1) Appropriations of less than $75,000,000

For any fiscal year for which the amount appropriated under subsection (a)(1) of this section is less than $75,000,000, from the remainder of funds made available under subsection (a)(1)(C) of this section the Secretary shall award grants for the National Challenge Grants in accordance with section 6846 of this title.

(2) Appropriations equal to or greater than $75,000,000

For any fiscal year for which the amount appropriated under subsection (a)(1) of this section is equal to or greater than $75,000,000, from the remainder of funds made available under subsection (a)(1)(C) of this section the Secretary shall award grants to State educational agencies from allotments under section 6841 of this title, except that the Secretary may reserve, from such remainder, such funds as the Secretary determines necessary to meet outstanding obligations for such fiscal year to continue the National Challenge Grants for Technology awarded under section 6846 of this title.

(Pub. L. 89–10, title III, §3114, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3640.)

Section Referred to in Other Sections

This section is referred to in sections 6841, 6846 of this title.

§6815. Limitation on costs

Not more than 5 percent of the funds under this part that are made available to a recipient of funds under this part for any fiscal year may be used by such recipient for administrative costs or technical assistance.

(Pub. L. 89–10, title III, §3115, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3641.)

subpart 1—national programs for technology in education

Subpart Referred to in Other Sections

This subpart is referred to in section 6814 of this title.

§6831. National long-range technology plan

(a) In general

The Secretary shall develop and publish not later than 12 months after October 20, 1994, and update when the Secretary determines appropriate, a national long-range plan that supports the overall national technology policy and carries out the purposes of this part.

(b) Plan requirements

The Secretary shall—

(1) develop the national long-range plan in consultation with other Federal departments or agencies, State and local education practitioners and policymakers, experts in technology and the applications of technology to education, representatives of distance learning consortia, representatives of telecommunications partnerships receiving assistance under the Star Schools Act [20 U.S.C. 6891 et seq.], and providers of technology services and products;

(2) transmit such plan to the President and to the appropriate committees of the Congress; and

(3) publish such plan in a form that is readily accessible to the public.

(c) Contents of plan

The national long-range plan shall describe the Secretary's activities to promote the purposes of this subchapter, including—

(1) how the Secretary will encourage the effective use of technology to provide all students the opportunity to achieve State content standards and State student performance standards, especially through programs administered by the Department;

(2) joint activities in support of the overall national technology policy with other Federal departments or agencies, such as the Office of Science and Technology Policy, the National Endowment for the Humanities, the National Endowment for the Arts, the National Institute for Literacy, the National Aeronautics and Space Administration, the National Science Foundation, the Bureau of Indian Affairs, and the Departments of Commerce, Energy, Health and Human Services, and Labor—

(A) to promote the use of technology in education, training, and lifelong learning, including plans for the educational uses of a national information infrastructure; and

(B) to ensure that the policies and programs of such departments or agencies facilitate the use of technology for educational purposes, to the extent feasible;

(3) how the Secretary will work with educators, State and local educational agencies, and appropriate representatives of the private sector to facilitate the effective use of technology in education;

(4) how the Secretary will promote—

(A) higher achievement of all students through the integration of technology into the curriculum;

(B) increased access to the benefits of technology for teaching and learning for schools with a high number or percentage of children from low-income families;

(C) the use of technology to assist in the implementation of State systemic reform strategies;

(D) the application of technological advances to use in education;

(E) increased access to high quality adult and family education services through the use of technology for instruction and professional development; and

(F) increased opportunities for the professional development of teachers in the use of new technologies;

(5) how the Secretary will determine, in consultation with appropriate individuals, organizations, industries, and agencies, the feasibility and desirability of establishing guidelines to facilitate an easy exchange of data and effective use of technology in education;

(6) how the Secretary will promote the exchange of information among States, local educational agencies, schools, consortia, and other entities concerning the effective use of technology in education;

(7) how the Secretary will utilize the outcomes of the evaluation undertaken pursuant to section 6833 of this title to promote the purposes of this part; and

(8) the Secretary's long-range measurable goals and objectives relating to the purposes of this part.

(Pub. L. 89–10, title III, §3121, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3641.)

References in Text

The Star Schools Act, referred to in subsec. (b)(1), is part B (§§3201–3210) of title III of Pub. L. 89–10, as added by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3654, which is classified generally to part B (§6891 et seq.) of this subchapter. For complete classification of this Act to the Code, see section 6891 of this title and Tables.

§6832. Federal leadership

(a) Program authorized

In order to provide Federal leadership in promoting the use of technology in education, the Secretary, in consultation with the National Science Foundation, the Department of Commerce, the United States National Commission on Libraries and Information Sciences, and other appropriate Federal agencies, may carry out activities designed to achieve the purposes of this part directly or by awarding grants or contracts competitively and pursuant to a peer review process to, or entering into contracts with, State educational agencies, local educational agencies, institutions of higher education, or other public and private nonprofit or for-profit agencies and organizations.

(b) Assistance

(1) In general

The Secretary shall provide assistance to the States to enable such States to plan effectively for the use of technology in all schools throughout the State in accordance with the purpose and requirements of section 5897 ¹ of this title.

(2) Other Federal agencies

For the purpose of carrying out coordinated or joint activities consistent with the purposes of this part, the Secretary may accept funds from, and transfer funds to, other Federal agencies.

(c) Uses of funds

The Secretary shall use funds made available to carry out this section for activities designed to carry out the purpose of this part, such as—

(1) providing assistance to technical assistance providers to enable such providers to improve substantially the services such providers offer to educators regarding the uses of technology for education, including professional development;

(2) providing development grants to technical assistance providers, to enable such providers to improve substantially the services such providers offer to educators on the educational uses of technology, including professional development;

(3) consulting with representatives of industry, elementary and secondary education, higher education, adult and family education, and appropriate experts in technology and educational applications of technology in carrying out activities under this subpart;

(4) research on, and the development of, guidelines to facilitate maximum interoperability, efficiency and easy exchange of data for effective use of technology in education;

(5) research on, and the development of, applications for education of the most advanced and newly emerging technologies which research shall be coordinated, when appropriate, with the Office of Educational Research and Improvement, and other Federal agencies;

(6) the development, demonstration, and evaluation of the educational aspects of high performance computing and communications technologies and of the national information infrastructure, in providing professional development for teachers, school librarians, and other educators; enriching academic curricula for elementary and secondary schools; facilitating communications among schools, local educational agencies, libraries, parents, and local communities and in other such areas as the Secretary deems appropriate;

(7) the development, demonstration, and evaluation of applications of existing technology in preschool education, elementary and secondary education, training and lifelong learning, and professional development of educational personnel;

(8) the development and evaluation of software and other products, including multimedia television programming, that incorporate advances in technology and help achieve the National Education Goals, State content standards and State student performance standards;

(9) the development, demonstration, and evaluation of model strategies for preparing teachers and other personnel to use technology effectively to improve teaching and learning;

(10) the development of model programs that demonstrate the educational effectiveness of technology in urban and rural areas and economically distressed communities;

(11) research on, and the evaluation of, the effectiveness and benefits of technology in education;

(12) a biennial assessment of, and report to the public regarding, the uses of technology in elementary and secondary education throughout the United States upon which private businesses and Federal, State, tribal, and local governments may rely for decisionmaking about the need for, and provision of, appropriate technologies in schools, which assessment and report shall use, to the extent possible, existing information and resources;

(13) conferences on, and dissemination of information regarding, the uses of technology in education;

(14) the development of model strategies to promote gender equity concerning access to, and the use of, technology in the classroom;

(15) encouraging collaboration between the Department and other Federal agencies in the development, implementation, evaluation and funding of applications of technology for education, as appropriate; and

(16) such other activities as the Secretary determines will meet the purposes of this subpart.

(d) Non-Federal share

(1) In general

Subject to paragraphs (2) and (3), the Secretary may require any recipient of a grant or contract under this section to share in the cost of the activities assisted under such grant or contract, which non-Federal share shall be announced through a notice in the Federal Register and may be in the form of cash or in-kind contributions, fairly valued.

(2) Increase

The Secretary may increase the non-Federal share that is required of a recipient of a grant or contract under this section after the first year such recipient receives funds under such grant or contract.

(3) Maximum

The non-Federal share required under this section shall not exceed 50 percent of the cost of the activities assisted pursuant to a grant or contract under this section.

(Pub. L. 89–10, title III, §3122, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3642.)

References in Text

Section 5897 of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 106–113, div. B, §1000(a)(4) [title III, §310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A-265.

¹ See References in Text note below.

§6833. Study, evaluation and report of funding alternatives

The Secretary, through the Office of Educational Technology, shall conduct a study to evaluate, and report to the Congress on, the feasibility of several alternative models for providing sustained and adequate funding for schools throughout the United States so that such schools are able to acquire and maintain technology-enhanced curriculum, instruction, and administrative support resources and services. Such report shall be submitted to the Congress not later than one year after October 20, 1994.

(Pub. L. 89–10, title III, §3123, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3644.)

Section Referred to in Other Sections

This section is referred to in section 6831 of this title.

subpart 2—state and local programs for school technology resources

Subpart Referred to in Other Sections

This subpart is referred to in sections 5891b, 6814, 8801 of this title.

§6841. Allotment and reallotment

(a) Allotment

(1) In general

Except as provided in paragraph (2), each State educational agency shall be eligible to receive a grant under this subpart for a fiscal year in an amount which bears the same relationship to the amount made available under section 6814(a)(1)(C) of this title for such year as the amount such State received under part A of subchapter I of this chapter for such year bears to the amount received for such year under such part by all States.

(2) Minimum

No State educational agency shall be eligible to receive a grant under paragraph (1) in any fiscal year in an amount which is less than one-half of one percent of the amount made available under section 6814(a)(1)(C) ¹ of this title for such year.

(b) Reallotment of unused funds

(1) In general

The amount of any State educational agency's allotment under subsection (a) of this section for any fiscal year which the Secretary determines will not be required for such fiscal year to carry out this subpart shall be available for reallotment from time to time, on such dates during such year as the Secretary may determine, to other State educational agencies in proportion to the original allotments to such State educational agencies under subsection (a) of this section for such year, but with such proportionate amount for any of such other State educational agencies being reduced to the extent such amount exceeds the sum the Secretary estimates such State needs and will be able to use for such year.

(2) Other reallotments

The total of reductions under paragraph (1) shall be similarly reallotted among the State educational agencies whose proportionate amounts were not so reduced. Any amounts reallotted to a State educational agency under this subsection during a year shall be deemed a subpart of such agencies allotment under subsection (a) of this section for such year.

(Pub. L. 89–10, title III, §3131, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3644.)

References in Text

Section 6814(a)(1)(C) of this title, referred to in subsec. (a)(2), was in the original "section 3115(a)(1)(C)", meaning section 3115(a)(1)(C) of Pub. L. 89–10, which was translated as reading section 3114(a)(1)(C) of that Act to reflect the probable intent of Congress because section 3115 does not contain subsections, and section 3114(a)(1)(C) makes amounts available for allotment under this section.

Section Referred to in Other Sections

This section is referred to in sections 6814, 6842 of this title.

¹ See References in Text note below.

§6842. School technology resource grants

(a) Grants to States

(1) In general

From amounts made available under section 6841 of this title, the Secretary, through the Office of Educational Technology, shall award grants to State educational agencies having applications approved under section 6843 of this title.

(2) Use of grants

(A) Each State educational agency receiving a grant under paragraph (1) shall use such grant funds to award grants, on a competitive basis, to local educational agencies to enable such local educational agencies to carry out the activities described in section 6844 of this title.

(B) In awarding grants under subparagraph (A), each State educational agency shall ensure that each such grant is of sufficient duration, and of sufficient size, scope, and quality, to carry out the purposes of this part effectively.

(b) Technical assistance

Each State educational agency receiving a grant under paragraph (1) shall—

(1) identify the local educational agencies served by the State educational agency that—

(A) have the highest number or percentage of children in poverty; and

(B) demonstrate to such State educational agency the greatest need for technical assistance in developing the application under section 6843 of this title; and

(2) offer such technical assistance to such local educational agencies.

(Pub. L. 89–10, title III, §3132, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3645.)

Section Referred to in Other Sections

This section is referred to in sections 6844, 6845 of this title.

§6843. State application

To receive funds under this subpart, each State educational agency shall submit a statewide educational technology plan which may include plans submitted under the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.] or other statewide technology plans which meet the requirements of this section. Such application shall be submitted to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. Each such application shall contain a systemic statewide plan that—

(1) outlines long-term strategies for financing technology education in the State and describes how business, industry, and other public and private agencies, including libraries, library literacy programs, and institutions of higher education, can participate in the implementation, ongoing planning, and support of the plan; and

(2) meets such other criteria as the Secretary may establish in order to enable such agency to provide assistance to local educational agencies that have the highest numbers or percentages of children in poverty and demonstrate the greatest need for technology, in order to enable such local educational agencies, for the benefit of school sites served by such local educational agencies, to carry out activities such as—

(A) purchasing quality technology resources;

(B) installing various linkages necessary to acquire connectivity;

(C) integrating technology into the curriculum in order to improve student learning and achievement;

(D) providing teachers and library media personnel with training or access to training;

(E) providing administrative and technical support and services that improve student learning through enriched technology-enhanced resources, including library media resources;

(F) promoting in individual schools the sharing, distribution, and application of educational technologies with demonstrated effectiveness;

(G) assisting schools in promoting parent involvement;

(H) assisting the community in providing literacy-related services;

(I) establishing partnerships with private or public educational providers or other entities to serve the needs of children in poverty; and

(J) providing assurances that financial assistance provided under this part shall supplement, not supplant, State and local funds.

(Pub. L. 89–10, title III, §3133, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3646.)

References in Text

The Goals 2000: Educate America Act, referred to in text, 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.

Section Referred to in Other Sections

This section is referred to in section 6842 of this title.

§6844. Local uses of funds

Each local educational agency, to the extent possible, shall use the funds made available under section 6842(a)(2) of this title for—

(1) developing, adapting, or expanding existing and new applications of technology to support the school reform effort;

(2) funding projects of sufficient size and scope to improve student learning and, as appropriate, support professional development, and provide administrative support;

(3) acquiring connectivity linkages, resources, and services, including the acquisition of hardware and software, for use by teachers, students and school library media personnel in the classroom or in school library media centers, in order to improve student learning by supporting the instructional program offered by such agency to ensure that students in schools will have meaningful access on a regular basis to such linkages, resources and services;

(4) providing ongoing professional development in the integration of quality educational technologies into school curriculum and long-term planning for implementing educational technologies;

(5) acquiring connectivity with wide area networks for purposes of accessing information and educational programming sources, particularly with institutions of higher education and public libraries; and

(6) providing educational services for adults and families.

(Pub. L. 89–10, title III, §3134, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3646.)

Section Referred to in Other Sections

This section is referred to in sections 6842, 6846, 8293, 8294 of this title.

§6845. Local applications

(a) Application requirements ¹

Each local educational agency desiring assistance from a State educational agency under section 6842(a)(2) of this title shall submit an application, consistent with the objectives of the systemic statewide plan, to the State educational agency at such time, in such manner and accompanied by such information as the State educational agency may reasonably require. Such application, at a minimum, shall—

(1) include a strategic, long-range (three- to five-year), plan that includes—

(A) a description of the type of technologies to be acquired, including specific provisions for interoperability among components of such technologies and, to the extent practicable, with existing technologies;

(B) an explanation of how the acquired technologies will be integrated into the curriculum to help the local educational agency enhance teaching, training, and student achievement;

(C) an explanation of how programs will be developed in collaboration with existing adult literacy services providers to maximize the use of such technologies;

(D)(i) a description of how the local educational agency will ensure ongoing, sustained professional development for teachers, administrators, and school library media personnel served by the local educational agency to further the use of technology in the classroom or library media center; and

(ii) a list of the source or sources of ongoing training and technical assistance available to schools, teachers and administrators served by the local educational agency, such as State technology offices, intermediate educational support units, regional educational laboratories or institutions of higher education;

(E) a description of the supporting resources, such as services, software and print resources, which will be acquired to ensure successful and effective use of technologies acquired under this section;

(F) the projected timetable for implementing such plan in schools;

(G) the projected cost of technologies to be acquired and related expenses needed to implement such plan; and

(H) a description of how the local educational agency will coordinate the technology provided pursuant to this subpart with other grant funds available for technology from State and local sources;

(2) describe how the local educational agency will involve parents, public libraries, business leaders and community leaders in the development of such plan;

(3) describe how the acquired instructionally based technologies will help the local educational agency—

(A) promote equity in education in order to support State content standards and State student performance standards that may be developed; and

(B) provide access for teachers, parents and students to the best teaching practices and curriculum resources through technology; and

(4) describe a process for the ongoing evaluation of how technologies acquired under this section—

(A) will be integrated into the school curriculum; and

(B) will affect student achievement and progress toward meeting the National Education Goals and any challenging State content standards and State student performance standards that may be developed.

(d) ² Formation of consortia

A local educational agency for any fiscal year may apply for financial assistance as part of a consortium with other local educational agencies, institutions of higher education, intermediate educational units, libraries, or other educational entities appropriate to provide local programs. The State educational agency may assist in the formation of consortia among local educational agencies, providers of educational services for adults and families, institutions of higher education, intermediate educational units, libraries, or other appropriate educational entities to provide services for the teachers and students in a local educational agency at the request of such local educational agency.

(e) ³ Coordination of application requirements

If a local educational agency submitting an application for assistance under this section has developed a comprehensive education improvement plan, in conjunction with requirements under this chapter or the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.], the State educational agency may approve such plan, or a component of such plan, notwithstanding the requirements of subsection (e) ⁴ if the State educational agency determines that such approval would further the purposes of this subpart.

(Pub. L. 89–10, title III, §3135, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3647.)

References in Text

The Goals 2000: Educate America Act, referred to in subsec. (e), 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.

¹ Designation "(a)" and heading editorially supplied.

² So in original. Probably should be "(b)".

³ So in original. Probably should be "(c)".

⁴ So in original. Probably should be subsection "(a)".

§6846. National challenge grants for technology in education

(a) Grants authorized

(1) In general

From amounts made available under section 6814(b)(1) ¹ of this title for any fiscal year the Secretary is authorized to award grants, on a competitive basis, to consortia having applications approved under subsection (d) of this section, which consortia shall include at least one local educational agency with a high percentage or number of children living below the poverty line and may include other local educational agencies, State educational agencies, institutions of higher education, businesses, academic content experts, software designers, museums, libraries, or other appropriate entities.

(2) Duration

Grants under this section shall be awarded for a period of 5 years.

(b) Use of grants

Grants awarded under subsection (a) of this section shall be used for activities similar to the activities described in section 6844 of this title.

(c) Priority

In awarding grants under this section, the Secretary shall give priority to consortia which demonstrate in the application submitted under subsection (d) of this section that—

(1) the project for which assistance is sought is designed to serve areas with a high number or percentage of disadvantaged students or the greatest need for educational technology;

(2) the project will directly benefit students by, for example, integrating the acquired technologies into curriculum to help the local educational agency enhance teaching, training, and student achievement;

(3) the project will ensure ongoing, sustained professional development for teachers, administrators, and school library media personnel served by the local educational agency to further the use of technology in the classroom or library media center;

(4) the project will ensure successful, effective, and sustainable use of technologies acquired under this subsection; and

(5) members of the consortia or other appropriate entities will contribute substantial financial and other resources to achieve the goals of the project.

(d) Application

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

(Pub. L. 89–10, title III, §3136, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3648.)

References in Text

Section 6814(b)(1) of this title, referred to in subsec. (a)(1), was in the original "section 3115(b)(1)", meaning section 3115(b)(1) of Pub. L. 89–10, which was translated as reading section 3114(b)(1) of that Act to reflect the probable intent of Congress because section 3115 does not contain subsections, and section 3114(b)(1) makes amounts available for grants under this section.

Section Referred to in Other Sections

This section is referred to in sections 5891b, 6814 of this title.

¹ See References in Text note below.

§6847. Federal administration

(a) Evaluation procedures

The Secretary shall develop procedures for State and local evaluations of the programs under this subpart.

(b) Evaluation summary

The Secretary shall submit to the Congress four years after October 20, 1994, a summary of the State evaluations of programs under this subpart in accordance with the provisions of section 8941 of this title.

(Pub. L. 89–10, title III, §3137, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3649.)

subpart 3—regional technical support and professional development

Subpart Referred to in Other Sections

This subpart is referred to in sections 6814, 6896, 8651 of this title.

§6861. Regional technical support and professional development

(a) Grants authorized

(1) Authority

The Secretary, through the Office of Educational Technology, shall make grants in accordance with the provisions of this section, to regional entities such as the Eisenhower Mathematics and Science Regional Consortia under part C of subchapter XIII of this chapter, the regional education laboratories, the comprehensive regional assistance centers, or such other regional entities as may be designated or established by the Secretary. In awarding grants under this section, the Secretary shall give priority to such consortia and shall ensure that each geographic region of the United States shall be served by such a consortium.

(2) Requirements

Each consortium receiving a grant under this section shall—

(A) be composed of State educational agencies, institutions of higher education, nonprofit organizations, or a combination thereof;

(B) in cooperation with State and local educational agencies, develop a regional program that addresses professional development, technical assistance, and information resource dissemination, with special emphasis on meeting the documented needs of educators and learners in the region; and

(C) foster regional cooperation and resource and coursework sharing.

(b) Functions

(1) Technical assistance

Each consortium receiving a grant under this section shall, to the extent practicable—

(A) collaborate with State educational agencies and local educational agencies requesting collaboration, particularly in the development of strategies for assisting those schools with the highest numbers or percentages of disadvantaged students with little or no access to technology in the classroom;

(B) provide information, in coordination with information available from the Secretary, to State educational agencies, local educational agencies, schools and adult education programs, on the types and features of various educational technology equipment and software available, evaluate and make recommendations on equipment and software that support the National Education Goals and are suited for a school's particular needs, and compile and share information regarding creative and effective applications of technology in the classroom and school library media centers in order to support the purposes of this part;

(C) collaborate with such State educational agencies, local educational agencies, or schools requesting to participate in the tailoring of software programs and other supporting materials to meet challenging State content standards or challenging State student performance standards that may be developed; and

(D) provide technical assistance to facilitate use of the electronic dissemination networks by State and local educational agencies and schools throughout the region.

(2) Professional development

Each consortium receiving a grant under this section shall, to the extent practicable—

(A) develop and implement, in collaboration with State educational agencies and institutions of higher education, technology-specific, ongoing professional development, such as—

(i) intensive school year and summer workshops that use teachers, school librarians, and school library personnel to train other teachers, school librarians, and other school library media personnel; and

(ii) distance professional development, including—

(I) interactive training tele-courses using researchers, educators, and telecommunications personnel who have experience in developing, implementing, or operating educational and instructional technology as a learning tool;

(II) onsite courses teaching teachers to use educational and instructional technology and to develop their own instructional materials for effectively incorporating technology and programming in their own classrooms;

(III) methods for successful integration of instructional technology into the curriculum in order to improve student learning and achievement;

(IV) video conferences and seminars which offer professional development through peer interaction with experts as well as other teachers using technologies in their classrooms; and

(V) mobile education technology and training resources;

(B) develop training resources that—

(i) are relevant to the needs of the region and schools within the region;

(ii) are relevant to the needs of adult literacy staff and volunteers, including onsite courses on how to—

(I) use instructional technology; and

(II) develop instructional materials for adult learning; and

(iii) are aligned with the needs of teachers and administrators in the region;

(C) establish a repository of professional development and technical assistance resources;

(D) identify and link technical assistance providers to State and local educational agencies, as needed;

(E) ensure that training, professional development, and technical assistance meet the needs of educators, parents, and students served by the region;

(F) assist colleges and universities within the region to develop and implement preservice training programs for students enrolled in teacher education programs; and

(G) assist local educational agencies and schools in working with community members and parents to develop support from communities and parents for educational technology programs and projects.

(3) Information and resource dissemination

Each consortium receiving a grant under this section shall, to the extent practicable—

(A) assist State and local educational agencies in the identification and procurement of financial, technological and human resources needed to implement technology plans;

(B) provide outreach and, at the request of a State or local educational agency, work with such agency to assist in the development and validation of instructionally based technology education resources; and

(C) coordinate activities and establish partnerships with organizations and institutions of higher education that represent the interests of the region as such interests pertain to the application of technology in teaching, learning, instructional management, dissemination, collection and distribution of educational statistics, and the transfer of student information.

(4) Coordination

Each consortium receiving a grant under this section shall work collaboratively, and coordinate the services the consortium provides, with appropriate regional and other entities assisted in whole or in part by the Department.

(Pub. L. 89–10, title III, §3141, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3649.)

subpart 4—product development

Subpart Referred to in Other Sections

This subpart is referred to in section 6814 of this title.

§6871. Educational technology product development

(a) Purpose

It is the purpose of this subpart to—

(1) support development of curriculum-based learning resources using state-of-the-art technologies and techniques designed to improve student learning; and

(2) support development of long-term comprehensive instructional programming and associated support resources that ensure maximum access by all educational institutions.

(b) Federal assistance authorized

(1) In general

The Secretary shall provide assistance, on a competitive basis, to eligible consortia to enable such entities to develop, produce, and distribute state-of-the-art technology-enhanced instructional resources and programming for use in the classroom or to support professional development for teachers.

(2) Grants and loans authorized

In carrying out the purposes of this section, the Secretary is authorized to pay the Federal share of the cost of the development, production, and distribution of state-of-the-art technology enhanced instructional resources and programming—

(A) by awarding grants to, or entering into contracts or cooperative agreements with, eligible consortia; or

(B) by awarding loans to eligible consortia which—

(i) shall be secured in such manner and be repaid within such period, not exceeding 20 years, as may be determined by the Secretary;

(ii) shall bear interest at a rate determined by the Secretary which shall be not more than the total of one-quarter of 1 percent per annum added to the rate of interest paid by the Secretary on funds obtained from the Secretary of the Treasury; and

(iii) may be forgiven by the Secretary, in an amount not to exceed 25 percent of the total loan, under such terms and conditions as the Secretary may consider appropriate.

(3) Matching requirement

The Secretary may require any recipient of a grant or contract under this subpart to share in the cost of the activities assisted under such grant or contract, which non-Federal share shall be announced through a notice in the Federal Register and may be in the form of cash or in-kind contributions, fairly valued.

(4) Eligible consortium

For the purpose of this subsection, the term "eligible consortium" means a consortium—

(A) that shall include—

(i) a State or local educational agency; and

(ii) a business, industry, or telecommunications entity; and

(B) that may include—

(i) a public or private nonprofit organization; or

(ii) a postsecondary institution.

(5) Priorities

In awarding assistance under this section, the Secretary shall give priority to applications describing programs or systems that—

(A) promote the acquisition of higher-order thinking skills and promise to raise the achievement levels of all students, particularly disadvantaged students who are not realizing their potential;

(B) are aligned with challenging State content standards and State and local curriculum frameworks;

(C) may be adapted and applied nationally at a reasonable cost over a broad technology platform;

(D) convert technology resources developed with support from the Department of Defense and other Federal agencies for effective use in the classroom;

(E) show promise of reducing the costs of providing high-quality instruction;

(F) show promise of expanding access to high-quality instruction in content areas which would otherwise not be available to students in rural and urban communities or who are served by other educational agencies with limited financial resources;

(G) are developed in consultation with classroom teachers;

(H) are developed through consultation and collaboration with appropriate education entities in designing the product to ensure relevance to the voluntary national content standards, the voluntary national student performance standards and State curriculum frameworks; and

(I) are developed so that the product can be adapted for use by adults in need of literacy services, including English as a second language and preparation for a secondary school diploma or its recognized equivalent.

(6) Requirements for Federal assistance

Each eligible consortium desiring Federal assistance under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may prescribe. Each application shall include—

(A) a description of how the product will improve the achievement levels of students;

(B) a description of how the activities assisted under this section will promote professional development of teachers and administrators in the uses and applications of the product, including the development of training materials;

(C) a description of design, development, field testing, evaluation, and distribution of products, where appropriate;

(D) an assurance that the product shall effectively serve a significant number or percentage of economically disadvantaged students;

(E) plans for dissemination of products to a wide audience of learners;

(F) a description of how the product can be adapted for use by students with disabilities including provisions for closed captioning or descriptive video, where appropriate;

(G) a description of how ownership and rights to the use and marketing of any product developed by the consortium, including intellectual property rights, will be allocated among consortium participants; and

(H) a description of the contributions, including services and funds, to be made by each member of the consortium, and how any revenues derived from the sale of any product developed by the consortium shall be distributed.

(c) Consumer report

The Secretary shall provide for the independent evaluation of products developed under this section and shall disseminate information about products developed pursuant to provisions of this section to State and local educational agencies, and other organizations or individuals that the Secretary determines to be appropriate, through print and electronic media that are accessible to the education community at large.

(d) Proceeds

The Secretary shall not prohibit an eligible consortium or any of the members of such consortium from receiving financial benefits from the distribution of any products resulting from the assistance received under this section. Notwithstanding any other provision of law, any profits or royalties received by a State educational agency, local educational agency, or other nonprofit member of an eligible consortium receiving assistance under this section shall be used to support further development of curriculum-based learning resources, services, and programming or to provide access to such products for a wider audience.

(Pub. L. 89–10, title III, §3151, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3652.)

Part B—Star Schools Program

Prior Provisions

Provisions similar to those in this part were contained in subchapter IX (§4081 et seq.) of chapter 52 of this title prior to repeal by Pub. L. 103–382, §364.

Part Referred to in Other Sections

This part is referred to in sections 6831, 6922, 8893 of this title.

§6891. Short title

This part may be cited as the "Star Schools Act".

(Pub. L. 89–10, title III, §3201, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3654.)

§6892. Findings

The Congress finds that—

(1) the Star Schools program has helped to encourage the use of distance learning strategies to serve multi-State regions primarily by means of satellite and broadcast television;

(2) in general, distance learning programs have been used effectively to provide students in small, rural, and isolated schools with courses and instruction, such as science and foreign language instruction, that the local educational agency is not otherwise able to provide; and

(3) distance learning programs may also be used to—

(A) provide students of all ages in all types of schools and educational settings with greater access to high-quality instruction in the full range of core academic subjects that will enable such students to meet challenging, internationally competitive, educational standards;

(B) expand professional development opportunities for teachers;

(C) contribute to achievement of the National Education Goals; and

(D) expand learning opportunities for everyone.

(Pub. L. 89–10, title III, §3202, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3654.)

§6893. Purpose

It is the purpose of this part to encourage improved instruction in mathematics, science, and foreign languages as well as other subjects, such as literacy skills and vocational education, and to serve underserved populations, including the disadvantaged, illiterate, limited-English proficient, and individuals with disabilities, through a star schools program under which grants are made to eligible telecommunication partnerships to enable such partnerships to—

(1) develop, construct, acquire, maintain and operate telecommunications audio and visual facilities and equipment;

(2) develop and acquire educational and instructional programming; and

(3) obtain technical assistance for the use of such facilities and instructional programming.

(Pub. L. 89–10, title III, §3203, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3655.)

§6894. Grants authorized

(a) Authority

The Secretary, through the Office of Educational Technology, is authorized to make grants, in accordance with the provisions of this part, to eligible entities to pay the Federal share of the cost of—

(1) the development, construction, acquisition, maintenance and operation of telecommunications facilities and equipment;

(2) the development and acquisition of live, interactive instructional programming;

(3) the development and acquisition of preservice and inservice teacher training programs based on established research regarding teacher-to-teacher mentoring, effective skill transfer, and ongoing, in-class instruction;

(4) the establishment of teleconferencing facilities and resources for making interactive training available to teachers;

(5) obtaining technical assistance; and

(6) the coordination of the design and connectivity of telecommunications networks to reach the greatest number of schools.

(b) Duration

(1) In general

The Secretary shall award grants pursuant to subsection (a) of this section for a period of 5 years.

(2) Renewal

Grants awarded pursuant to subsection (a) of this section may be renewed for one additional three-year period.

(c) Authorization of appropriations

(1) In general

There are authorized to be appropriated $35,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this part.

(2) Availability

Funds appropriated pursuant to the authority of subsection (a) of this section shall remain available until expended.

(d) Limitations

(1) In general

A grant under this section shall not exceed—

(A) five years in duration; and

(B) $10,000,000 in any one fiscal year.

(2) Instructional programming

Not less than 25 percent of the funds available to the Secretary in any fiscal year under this part shall be used for the cost of instructional programming.

(3) Special rule

Not less than 50 percent of the funds available in any fiscal year under this part shall be used for the cost of facilities, equipment, teacher training or retraining, technical assistance, or programming, for local educational agencies which are eligible to receive assistance under part A of subchapter I of this chapter.

(e) Federal share

(1) In general

The Federal share of the cost of projects funded under this section shall not exceed—

(A) 75 percent for the first and second years for which an eligible telecommunications partnership receives a grant under this part;

(B) 60 percent for the third and fourth such years; and

(C) 50 percent for the fifth such year.

(2) Reduction or waiver

The Secretary may reduce or waive the requirement of the non-Federal share under paragraph (1) upon a showing of financial hardship.

(f) Authority to accept funds from other agencies

The Secretary is authorized to accept funds from other Federal departments or agencies to carry out the purposes of this section, including funds for the purchase of equipment.

(g) Coordination

The Department, the National Science Foundation, the Department of Agriculture, the Department of Commerce, and any other Federal department or agency operating a telecommunications network for educational purposes, shall coordinate the activities assisted under this part with the activities of such department or agency relating to a telecommunications network for educational purposes.

(h) Closed captioning and descriptive video

Each entity receiving funds under this part is encouraged to provide—

(1) closed captioning of the verbal content of such program, where appropriate, to be broadcast by way of line 21 of the vertical blanking interval, or by way of comparable successor technologies; and

(2) descriptive video of the visual content of such program, as appropriate.

(Pub. L. 89–10, title III, §3204, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3655.)

Section Referred to in Other Sections

This section is referred to in sections 6895, 6896, 6897, 6899 of this title.

§6895. Eligible entities

(a) Eligible entities

(1) Required participation

The Secretary may make a grant under section 6894 of this title to any eligible entity, if at least one local educational agency is participating in the proposed project.

(2) Eligible entity

For the purpose of this part, the term "eligible entity" may include—

(A) a public agency or corporation established for the purpose of developing and operating telecommunications networks to enhance educational opportunities provided by educational institutions, teacher training centers, and other entities, except that any such agency or corporation shall represent the interests of elementary and secondary schools that are eligible to participate in the program under part A of subchapter I of this chapter; or

(B) a partnership that will provide telecommunications services and which includes 3 or more of the following entities, at least 1 of which shall be an agency described in clause (i) or (ii):

(i) a local educational agency that serves a significant number of elementary and secondary schools that are eligible for assistance under part A of subchapter I of this chapter, or elementary and secondary schools operated or funded for Indian children by the Department of the Interior eligible under section 6331(b)(2) ¹ of this title;

(ii) a State educational agency;

(iii) adult and family education programs;

(iv) an institution of higher education or a State higher education agency;

(v) a teacher training center or academy that—

(I) provides teacher pre-service and in-service training; and

(II) receives Federal financial assistance or has been approved by a State agency;

(vi)(I) a public or private entity with experience and expertise in the planning and operation of a telecommunications network, including entities involved in telecommunications through satellite, cable, telephone, or computer; or

(II) a public broadcasting entity with such experience; or

(vii) a public or private elementary or secondary school.

(b) Special rule

An eligible entity receiving assistance under this part shall be organized on a statewide or multistate basis.

(Pub. L. 89–10, title III, §3205, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3656.)

¹ So in original. Probably should be section "6331(c)(2)".

§6896. Applications

(a) Applications required

Each eligible entity which desires to receive a grant under section 6894 of this title shall submit an application to the Secretary, at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.

(b) Star school award applications

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

(1) describe how the proposed project will assist in achieving the National Education Goals, how such project will assist all students to have an opportunity to learn to challenging State standards, how such project will assist State and local educational reform efforts, and how such project will contribute to creating a high quality system of lifelong learning;

(2) describe the telecommunications facilities and equipment and technical assistance for which assistance is sought, which may include—

(A) the design, development, construction, acquisition, maintenance and operation of State or multistate educational telecommunications networks and technology resource centers;

(B) microwave, fiber optics, cable, and satellite transmission equipment or any combination thereof;

(C) reception facilities;

(D) satellite time;

(E) production facilities;

(F) other telecommunications equipment capable of serving a wide geographic area;

(G) the provision of training services to instructors who will be using the facilities and equipment for which assistance is sought, including training in using such facilities and equipment and training in integrating programs into the classroom curriculum; and

(H) the development of educational and related programming for use on a telecommunications network;

(3) in the case of an application for assistance for instructional programming, describe the types of programming which will be developed to enhance instruction and training and provide assurances that such programming will be designed in consultation with professionals (including classroom teachers) who are experts in the applicable subject matter and grade level;

(4) describe how the eligible entity has engaged in sufficient survey and analysis of the area to be served to ensure that the services offered by the eligible entity will increase the availability of courses of instruction in English, mathematics, science, foreign languages, arts, history, geography, or other disciplines;

(5) describe the professional development policies for teachers and other school personnel to be implemented to ensure the effective use of the telecommunications facilities and equipment for which assistance is sought;

(6) describe the manner in which historically underserved students (such as students from low-income families, limited English proficient students, students with disabilities, or students who have low literacy skills) and their families, will participate in the benefits of the telecommunications facilities, equipment, technical assistance, and programming assisted under this part;

(7) describe how existing telecommunications equipment, facilities, and services, where available, will be used;

(8) provide assurances that the financial interest of the United States in the telecommunications facilities and equipment will be protected for the useful life of such facilities and equipment;

(9) provide assurances that a significant portion of any facilities and equipment, technical assistance, and programming for which assistance is sought for elementary and secondary schools will be made available to schools or local educational agencies that have a high number or percentage of children eligible to be counted under part A of subchapter I of this chapter;

(10) provide assurances that the applicant will use the funds provided under this part to supplement and not supplant funds otherwise available for the purposes of this part;

(11) if any member of the consortia receives assistance under subpart 3 of part A of this subchapter, describe how funds received under this part will be coordinated with funds received for educational technology in the classroom under such section; ¹

(12) describe the activities or services for which assistance is sought, such as—

(A) providing facilities, equipment, training services, and technical assistance;

(B) making programs accessible to students with disabilities through mechanisms such as closed captioning and descriptive video services;

(C) linking networks around issues of national importance (such as elections) or to provide information about employment opportunities, job training, or student and other social service programs;

(D) sharing curriculum resources between networks and development of program guides which demonstrate cooperative, cross-network listing of programs for specific curriculum areas;

(E) providing teacher and student support services including classroom and training support materials which permit student and teacher involvement in the live interactive distance learning telecasts;

(F) incorporating community resources such as libraries and museums into instructional programs;

(G) providing professional development for teachers, including, as appropriate, training to early childhood development and Head Start teachers and staff and vocational education teachers and staff, and adult and family educators;

(H) providing programs for adults to maximize the use of telecommunications facilities and equipment;

(I) providing teacher training on proposed or established voluntary national content standards in mathematics and science and other disciplines as such standards are developed; and

(J) providing parent education programs during and after the regular school day which reinforce a student's course of study and actively involve parents in the learning process;

(13) describe how the proposed project as a whole will be financed and how arrangements for future financing will be developed before the project expires;

(14) provide an assurance that a significant portion of any facilities, equipment, technical assistance, and programming for which assistance is sought for elementary and secondary schools will be made available to schools in local educational agencies that have a high percentage of children counted for the purpose of part A of subchapter I of this chapter;

(15) provide an assurance that the applicant will provide such information and cooperate in any evaluation that the Secretary may conduct under this part; and

(16) include such additional assurances as the Secretary may reasonably require.

(c) Priorities

The Secretary, in approving applications for grants authorized under section 6894 of this title, shall give priority to applications describing projects that—

(1) propose high-quality plans to assist in achieving one or more of the National Education Goals, will provide instruction consistent with State content standards, or will otherwise provide significant and specific assistance to States and local educational agencies undertaking systemic education reform;

(2) will provide services to programs serving adults, especially parents, with low levels of literacy;

(3) will serve schools with significant numbers of children counted for the purposes of part A of subchapter I of this chapter;

(4) ensure that the eligible entity will—

(A) serve the broadest range of institutions, programs providing instruction outside of the school setting, programs serving adults, especially parents, with low levels of literacy, institutions of higher education, teacher training centers, research institutes, and private industry;

(B) have substantial academic and teaching capabilities, including the capability of training, retraining, and inservice upgrading of teaching skills and the capability to provide professional development;

(C) provide a comprehensive range of courses for educators to teach instructional strategies for students with different skill levels;

(D) provide training to participating educators in ways to integrate telecommunications courses into existing school curriculum;

(E) provide instruction for students, teachers, and parents;

(F) serve a multistate area; and

(G) give priority to the provision of equipment and linkages to isolated areas; and

(5) involve a telecommunications entity (such as a satellite, cable, telephone, computer, or public or private television stations) participating in the eligible entity and donating equipment or in-kind services for telecommunications linkages.

(d) Geographic distribution

In approving applications for grants authorized under section 6894 of this title, the Secretary shall, to the extent feasible, ensure an equitable geographic distribution of services provided under this part.

(Pub. L. 89–10, title III, §3206, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3657.)

Section Referred to in Other Sections

This section is referred to in section 6899 of this title.

¹ So in original. Probably should be "such subpart;".

§6897. Leadership and evaluation activities

(a) Reservation

From the amount appropriated pursuant to the authority of section 6894(c)(1) of this title in each fiscal year, the Secretary may reserve not more than 5 percent of such amount for national leadership, evaluation, and peer review activities.

(b) Method of funding

The Secretary may fund the activities described in subsection (a) of this section directly or through grants, contracts, and cooperative agreements.

(c) Uses of funds

(1) Leadership

Funds reserved for leadership activities under subsection (a) of this section may be used for—

(A) disseminating information, including lists and descriptions of services available from grant recipients under this part; and

(B) other activities designed to enhance the quality of distance learning activities nationwide.

(2) Evaluation

Funds reserved for evaluation activities under subsection (a) of this section may be used to conduct independent evaluations of the activities assisted under this part and of distance learning in general, including—

(A) analyses of distance learning efforts, including such efforts that are assisted under this part and such efforts that are not assisted under this part; and

(B) comparisons of the effects, including student outcomes, of different technologies in distance learning efforts.

(3) Peer review

Funds reserved for peer review activities under subsection (a) of this section may be used for peer review of—

(A) applications for grants under this part; and

(B) activities assisted under this part.

(Pub. L. 89–10, title III, §3207, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3660.)

§6898. Definitions

As used in this part—

(1) the term "educational institution" means an institution of higher education, a local educational agency, or a State educational agency;

(2) the term "instructional programming" means courses of instruction and training courses for elementary and secondary students, teachers, and others, and materials for use in such instruction and training that have been prepared in audio and visual form on tape, disc, film, or live, and presented by means of telecommunications devices; and

(3) the term "public broadcasting entity" has the same meaning given such term in section 397 of title 47.

(Pub. L. 89–10, title III, §3208, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3661.)

§6899. Administrative provisions

(a) Continuing eligibility

(1) In general

In order to be eligible to receive a grant under section 6894 of this title for a second 3-year grant period an eligible entity shall demonstrate in the application submitted pursuant to section 6896 of this title that such partnership shall—

(A) continue to provide services in the subject areas and geographic areas assisted with funds received under this part for the previous 5-year grant period; and

(B) use all grant funds received under this part for the second 3-year grant period to provide expanded services by—

(i) increasing the number of students, schools or school districts served by the courses of instruction assisted under this part in the previous fiscal year;

(ii) providing new courses of instruction; and

(iii) serving new populations of underserved individuals, such as children or adults who are disadvantaged, have limited-English proficiency, are individuals with disabilities, are illiterate, or lack secondary school diplomas or their recognized equivalent.

(2) Special rule

Grant funds received pursuant to paragraph (1) shall be used to supplement and not supplant services provided by the grant recipient under this part in the previous fiscal year.

(b) Federal activities

The Secretary may assist grant recipients under section 6894 of this title in acquiring satellite time, where appropriate, as economically as possible.

(Pub. L. 89–10, title III, §3209, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3661.)

§6900. Other assistance

(a) Special statewide network

(1) In general

The Secretary, through the Office of Educational Technology, may provide assistance to a statewide telecommunications network under this subsection if such network—

(A) provides 2-way full motion interactive video and audio communications;

(B) links together public colleges and universities and secondary schools throughout the State; and

(C) meets any other requirements determined appropriate by the Secretary.

(2) State contribution

A statewide telecommunications network assisted under paragraph (1) shall contribute, either directly or through private contributions, non-Federal funds equal to not less than 50 percent of the cost of such network.

(b) Special local network

(1) In general

The Secretary may provide assistance, on a competitive basis, to a local educational agency or consortium thereof to enable such agency or consortium to establish a high technology demonstration program.

(2) Program requirements

A high technology demonstration program assisted under paragraph (1) shall—

(A) include 2-way full motion interactive video, audio and text communications;

(B) link together elementary and secondary schools, colleges, and universities;

(C) provide parent participation and family programs;

(D) include a staff development program; and

(E) have a significant contribution and participation from business and industry.

(3) Special rule

Each high technology demonstration program assisted under paragraph (1) shall be of sufficient size and scope to have an effect on meeting the National Education Goals.

(4) Matching requirement

A local educational agency or consortium receiving a grant under paragraph (1) shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the amount of the grant.

(c) Telecommunications programs for continuing education

(1) Authority

The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable such partnerships to develop and operate one or more programs which provide on-line access to educational resources in support of continuing education and curriculum requirements relevant to achieving a secondary school diploma or its recognized equivalent. The program authorized by this section shall be designed to advance adult literacy, secondary school completion and the acquisition of specified competency by the end of the 12th grade, as envisioned by the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.].

(2) Application

Each eligible entity desiring a grant under this section shall submit an application to the Secretary. Each such application shall—

(A) demonstrate that the applicant will use publicly funded or free public telecommunications infrastructure to deliver video, voice and data in an integrated service to support and assist in the acquisition of a secondary school diploma or its recognized equivalent;

(B) assure that the content of the materials to be delivered is consistent with the accreditation requirements of the State for which such materials are used;

(C) incorporate, to the extent feasible, materials developed in the Federal departments and agencies and under appropriate federally funded projects and programs;

(D) assure that the applicant has the technological and substantive experience to carry out the program; and

(E) contain such additional assurances as the Secretary may reasonably require.

(Pub. L. 89–10, title III, §3210, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3661.)

References in Text

The Goals 2000: Educate America Act, referred to in subsec. (c)(1), 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.

Part C—Ready-To-Learn Television

Cross Reference

For similar provisions related to ready-to-learn television, see section 1235 et seq. of this title.

§6921. Ready-to-learn

(a) In general

The Secretary is authorized to award grants to or enter into contracts or cooperative agreements with eligible entities described in section 6922(b) of this title to develop, produce, and distribute educational and instructional video programming for preschool and elementary school children and their parents in order to facilitate the achievement of the National Education Goals.

(b) Availability

In making such grants, contracts, or cooperative agreements, the Secretary shall ensure that recipients make programming widely available with support materials as appropriate to young children, their parents, child care workers, and Head Start providers to increase the effective use of such programming.

(Pub. L. 89–10, title III, §3301, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3663.)

Section Referred to in Other Sections

This section is referred to in sections 6924, 6925 of this title.

§6922. Educational programming

(a) Awards

The Secretary shall award grants, contracts, or cooperative agreements to eligible entities to—

(1) facilitate the development directly or through contracts with producers of children and family educational television programming, educational programming for preschool and elementary school children, and accompanying support materials and services that promote the effective use of such programming; and

(2) enable such entities to contract with entities (such as public telecommunications entities and those funded under the Star Schools Act [20 U.S.C. 6891 et seq.]) so that programs developed under this section are disseminated and distributed to the widest possible audience appropriate to be served by the programming by the most appropriate distribution technologies.

(b) Eligible entities

To be eligible to receive a grant, contract, or cooperative agreement under subsection (a) of this section, an entity shall be—

(1) a nonprofit entity (including a public telecommunications entity) able to demonstrate a capacity for the development and distribution of educational and instructional television programming of high quality for preschool and elementary school children; and

(2) able to demonstrate a capacity to contract with the producers of children's television programming for the purpose of developing educational television programming of high quality for preschool and elementary school children.

(c) Cultural experiences

Programming developed under this section shall reflect the recognition of diverse cultural experiences and the needs and experiences of both boys and girls in engaging and preparing young children for schooling.

(Pub. L. 89–10, title III, §3302, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3663.)

References in Text

The Star Schools Act, referred to in subsec. (a)(2), is part B (§§3201–3210) of title III of Pub. L. 89–10, as added by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3654, which is classified generally to part B (§6891 et seq.) of this subchapter. For complete classification of this Act to the Code, see section 6891 of this title and Tables.

Section Referred to in Other Sections

This section is referred to in sections 6921, 6925, 6926, 6928 of this title.

§6923. Duties of Secretary

The Secretary is authorized—

(1) to establish and administer a Special Projects of National Significance program to award grants, contracts, or cooperative agreements to public and nonprofit private entities, or local public television stations or such public television stations that are part of a consortium with one or more State educational agencies, local educational agencies, local schools, institutions of higher education, or community-based organizations of demonstrated effectiveness, for the purpose of—

(A) addressing the learning needs of young children in limited English proficient households, and developing appropriate educational and instructional television programming to foster the school readiness of such children;

(B) developing programming and support materials to increase family literacy skills among parents to assist parents in teaching their children and utilizing educational television programming to promote school readiness; and

(C) identifying, supporting, and enhancing the effective use and outreach of innovative programs that promote school readiness;

(2) to establish within the Department a clearinghouse to compile and provide information, referrals and model program materials and programming obtained or developed under this part to parents, child care providers, and other appropriate individuals or entities to assist such individuals and entities in accessing programs and projects under this part; and

(3) to develop and disseminate training materials, including—

(A) interactive programs and programs adaptable to distance learning technologies that are designed to enhance knowledge of children's social and cognitive skill development and positive adult-child interactions; and

(B) support materials to promote the effective use of materials developed under paragraph (2);

among parents, Head Start providers, in-home and center based day care providers, early childhood development personnel, and elementary school teachers, public libraries, and after school program personnel caring for preschool and elementary school children;

(4) coordinate activities with the Secretary of Health and Human Services in order to—

(A) maximize the utilization of quality educational programming by preschool and elementary school children, and make such programming widely available to federally funded programs serving such populations; and

(B) provide information to recipients of funds under Federal programs that have major training components for early childhood development, including Head Start, Even Start, and State training activities funded under the Child Care Development Block Grant Act of 1990 [42 U.S.C. 9858 et seq.] regarding the availability and utilization of materials developed under paragraph (3) to enhance parent and child care provider skills in early childhood development and education.

(Pub. L. 89–10, title III, §3303, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3664.)

References in Text

The Child Care Development and Block Grant Act of 1990, referred to in par. (4)(B), probably means the Child Care and Development Block Grant Act of 1990, which is subchapter C (§658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, as added by Pub. L. 101–508, title V, §5082(2), Nov. 5, 1990, 104 Stat. 1388–236, as amended, and which is classified generally to subchapter II–B (§9858 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.

Section Referred to in Other Sections

This section is referred to in sections 6924, 6925, 6928 of this title.

§6924. Applications

Each eligible entity desiring a grant, contract, or cooperative agreement under section 6921 or 6923 of this title shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

(Pub. L. 89–10, title III, §3304, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3665.)

§6925. Reports and evaluation

(a) Annual report to Secretary

An entity receiving funds under section 6921 of this title shall prepare and submit to the Secretary an annual report which contains such information as the Secretary may require. At a minimum, the report shall describe the program activities undertaken with funds received under this section, including—

(1) the programming that has been developed directly or indirectly by the entity, and the target population of the programs developed;

(2) the support materials that have been developed to accompany the programming, and the method by which such materials are distributed to consumers and users of the programming;

(3) the means by which programming developed under this section has been distributed, including the distance learning technologies that have been utilized to make programming available and the geographic distribution achieved through such technologies; and

(4) the initiatives undertaken by the entity to develop public-private partnerships to secure non-Federal support for the development and distribution and broadcast of educational and instructional programming.

(b) Report to Congress

The Secretary shall prepare and submit to the relevant committees of Congress a biannual report which includes—

(1) a summary of the information made available under section 6922(a) of this title; and

(2) a description of the training materials made available under section 6923(3) of this title, the manner in which outreach has been conducted to inform parents and child care providers of the availability of such materials, and the manner in which such materials have been distributed in accordance with such section.

(Pub. L. 89–10, title III, §3305, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3665.)

§6926. Administrative costs

With respect to the implementation of section 6922 of this title, entities receiving a grant, contract, or cooperative agreement from the Secretary may use not more than 5 percent of the amounts received under such section for the normal and customary expenses of administering the grant, contract, or cooperative agreement.

(Pub. L. 89–10, title III, §3306, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3665.)

§6927. "Distance learning" defined

For the purposes of this part, the term "distance learning" means the transmission of educational or instructional programming to geographically dispersed individuals and groups via telecommunications.

(Pub. L. 89–10, title III, §3307, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3665.)

§6928. Authorization of appropriations

(a) In general

There are authorized to be appropriated to carry out this part, $30,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years. Not less than 60 percent of the amounts appropriated under this subsection for each fiscal year shall be used to carry out section 6922 of this title.

(b) Special projects

Of the amount appropriated under subsection (b) ¹ of this section for each fiscal year, at least 10 percent of such amount shall be used for each such fiscal year for activities under section 6923(1)(C) of this title.

(Pub. L. 89–10, title III, §3308, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3666.)

¹ So in original. Probably should be subsection "(a)".

Part D—Telecommunications Demonstration Project for Mathematics

§6951. Project authorized

The Secretary is authorized to make grants to a nonprofit telecommunications entity, or partnership of such entities, for the purpose of carrying out a national telecommunications-based demonstration project to improve the teaching of mathematics. The demonstration project authorized by this part shall be designed to assist elementary and secondary school teachers in preparing all students for achieving State content standards.

(Pub. L. 89–10, title III, §3401, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3666.)

§6952. Application required

(a) In general

Each nonprofit telecommunications entity, or partnership of such entities, desiring a grant under this part shall submit an application to the Secretary. Each such application shall—

(1) demonstrate that the applicant will use the existing publicly funded telecommunications infrastructure to deliver video, voice and data in an integrated service to train teachers in the use of new standards-based curricula materials and learning technologies;

(2) assure that the project for which assistance is sought will be conducted in cooperation with appropriate State educational agencies, local educational agencies, State or local nonprofit public telecommunications entities, and a national mathematics education professional association that has developed content standards;

(3) assure that a significant portion of the benefits available for elementary and secondary schools from the project for which assistance is sought will be available to schools of local educational agencies which have a high percentage of children counted for the purpose of part A of subchapter I of this chapter; and

(4) contain such additional assurances as the Secretary may reasonably require.

(b) Approval of applications; number of demonstration sites

In approving applications under this section, the Secretary shall assure that the demonstration project authorized by this part is conducted at elementary and secondary school sites in at least 15 States.

(Pub. L. 89–10, title III, §3402, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3666.)

§6953. Authorization of appropriations

There are authorized to be appropriated to carry out this part, $5,000,000 for the fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years.

(Pub. L. 89–10, title III, §3403, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3666.)

Part E—Elementary Mathematics and Science Equipment Program

§6971. Short title

This part may be cited as the "Elementary Mathematics and Science Equipment Act".

(Pub. L. 89–10, title III, §3501, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3667.)

Executive Order No. 12821

Ex. Ord. No. 12821, Nov. 16, 1992, 57 F.R. 54285, which required executive departments and agencies with a scientific mission that employ significant numbers of scientists, mathematicians, and engineers and have a Federal laboratory to assist in mathematics and science education and to give highest preference to elementary and secondary schools in transfer or donation of education-related Federal equipment, was superseded by Ex. Ord. No. 12999, Apr. 17, 1996, 61 F.R. 17229, set out as a note under section 484 of Title 40, Public Buildings, Property, and Works.

§6972. Statement of purpose

It is the purpose of this part to raise the quality of instruction in mathematics and science in the Nation's elementary schools by providing equipment and materials necessary for hands-on instruction through assistance to State and local educational agencies.

(Pub. L. 89–10, title III, §3502, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3667.)

§6973. Program authorized

The Secretary is authorized to make allotments to State educational agencies under section 6974 of this title to enable such agencies to award grants to local educational agencies for the purpose of providing equipment and materials to elementary schools to improve mathematics and science education in such schools.

(Pub. L. 89–10, title III, §3503, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3667.)

§6974. Allotments of funds

(a) In general

From the amount appropriated under section 6979 of this title for any fiscal year, the Secretary shall reserve—

(1) not more than one-half of 1 percent for allotment among Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands according to their respective needs for assistance under this part; and

(2) one-half of 1 percent for programs for Indian students served by schools funded by the Secretary of the Interior which are consistent with the purposes of this part.

(b) Allotment

(1) In general

The remainder of the amount so appropriated (after meeting requirements in subsection (a) of this section) shall be allotted among State educational agencies so that—

(A) one-half of such remainder shall be distributed by allotting to each State educational agency an amount which bears the same ratio to such one-half of such remainder as the number of children aged 5 to 17, inclusive, in the State bears to the number of such children in all States; and

(B) one-half of such remainder shall be distributed according to each State's share of allocations under part A of subchapter I of this chapter.

(2) Minimum

Except as provided in paragraph (3), no State educational agency shall receive an allotment under this subsection for any fiscal year in an amount that is—

(A) less than one-half of 1 percent of the amount made available under this subsection for such fiscal year; or

(B) less than the amount allotted to such State for fiscal year 1988 under title II of the Education for Economic Security Act.

(3) Ratable reductions

(A) If the sums made available under this part for any fiscal year are insufficient to pay the full amounts that all State educational agencies are eligible to receive under paragraph (2)(B) for such year, the Secretary shall ratably reduce the allotment to such agencies for such year.

(B) If additional funds become available for making payments under paragraph (2)(B) for such fiscal year, allotments that were reduced under subparagraph (A) shall be increased on the same basis as such allotments were reduced.

(c) Reallotment of unused funds

The amount of any State educational agency's allotment under subsection (b) of this section for any fiscal year to carry out this part which the Secretary determines will not be required for that fiscal year to carry out this part shall be available for reallotment from time to time, on such dates during that year as the Secretary may determine, to other State educational agencies in proportion to the original allotments to those State educational agencies under subsection (b) of this section for that year but with such proportionate amount for any of those other State educational agencies being reduced to the extent it exceeds the sum the Secretary estimates that the State educational agency needs and will be able to use for that year, and the total of those reductions shall be similarly reallotted among the State educational agencies whose proportionate amounts were not so reduced. Any amounts reallotted to a State educational agency under this subsection during a year shall be deemed a part of the State educational agency's allotment under subsection (b) of this section for that year.

(d) "State" defined

For the purposes of this part the term "State" means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(e) Data

The number of children aged 5 to 17, inclusive, in the State and in all States shall be determined by the Secretary on the basis of the most recent satisfactory data available to the Secretary.

(Pub. L. 89–10, title III, §3504, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3667.)

References in Text

The Education for Economic Security Act, referred to in subsec. (b)(2)(B), is Pub. L. 98–377, Aug. 11, 1984, 98 Stat. 1267, as amended. Title II of the Act was classified generally to subchapter II (§3961 et seq.) of chapter 52 of this title, prior to repeal by Pub. L. 100–297, title II, §2303, Apr. 28, 1988, 102 Stat. 324. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

Section Referred to in Other Sections

This section is referred to in section 6973 of this title.

§6975. State application

(a) Application

Each State educational agency desiring to receive an allotment under this part shall file an application with the Secretary which covers a period of 5 fiscal years. Such application shall be filed at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.

(b) Contents of application

Each application described in subsection (a) of this section shall—

(1) provide assurances that—

(A) the State educational agency shall use the allotment provided under this part to award grants to local educational agencies within the State to enable such local educational agencies to provide assistance to schools served by such agency to carry out the purpose of this part;

(B) the State educational agency will provide such fiscal control and funds accounting as the Secretary may require;

(C) every public elementary school in the State is eligible to receive assistance under this part once over the 5-year duration of the program assisted under this part;

(D) funds provided under this part will supplement, not supplant, State and local funds made available for activities authorized under this part;

(E) during the 5-year period described in the application, the State educational agency will evaluate its standards and programs for teacher preparation and inservice professional development for elementary mathematics and science;

(F) the State educational agency will take into account the needs for greater access to and participation in mathematics and science by students and teachers from historically underrepresented groups, including females, minorities, individuals with limited English proficiency, the economically disadvantaged, and individuals with disabilities; and

(G) that the needs of teachers and students in areas with high concentrations of low-income students and sparsely populated areas will be given priority in awarding assistance under this part;

(2) provide, if appropriate, a description of how funds paid under this part will be coordinated with State and local funds and other Federal resources, particularly with respect to programs for the professional development and inservice training of elementary school teachers in science and mathematics; and

(3) describe procedures—

(A) for submitting applications for programs described in section 6976 of this title for distribution of assistance under this part within the State; and

(B) for approval of applications by the State educational agency, including appropriate procedures to assure that such agency will not disapprove an application without notice and opportunity for a hearing.

(c) State administration

Not more than 5 percent of the funds allotted to each State educational agency under this part shall be used for the administrative costs of such agency associated with carrying out the program assisted under this part.

(Pub. L. 89–10, title III, §3505, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3668.)

§6976. Local application

(a) Application

A local educational agency that desires to receive a grant under this part shall submit an application to the State educational agency. Each such application shall contain assurances that each school served by the local educational agency shall be eligible for assistance under this part only once.

(b) Contents of application

Each application described in subsection (a) of this section shall—

(1) describe how the local educational agency plans to set priorities on the use and distribution among schools of grant funds received under this part to meet the purpose of this part;

(2) include assurances that the local educational agency has made every effort to match on a dollar-for-dollar basis from private or public sources the funds received under this part, except that no such application shall be penalized or denied assistance under this part based on failure to provide such matching funds;

(3) describe, if applicable, how funds under this part will be coordinated with State, local, and other Federal resources, especially with respect to programs for the professional development and inservice training of elementary school teachers in science and mathematics; and

(4) describe the process which will be used to determine different levels of assistance to be awarded to schools with different needs.

(c) Priority

In awarding grants under this part, the State educational agency shall give priority to applications that—

(1) assign highest priority to providing assistance to schools which—

(A) are most seriously underequipped; or

(B) serve large numbers or percentages of economically disadvantaged students;

(2) are attentive to the needs of underrepresented groups in science and mathematics;

(3) demonstrate how science and mathematics equipment will be part of a comprehensive plan of curriculum planning or implementation and teacher training supporting hands-on laboratory activities; and

(4) assign priority to providing equipment and materials for students in grades 1 through 6.

(Pub. L. 89–10, title III, §3506, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3669.)

Section Referred to in Other Sections

This section is referred to in sections 6975, 6977 of this title.

§6977. Program requirements

(a) Coordination

Each State educational agency receiving an allotment under this part shall—

(1) disseminate information to school districts and schools, including private nonprofit elementary schools, regarding the program assisted under this part;

(2) evaluate applications of local educational agencies;

(3) award grants to local educational agencies based on the priorities described in section 6976(c) of this title; and

(4) evaluate local educational agencies' end-of-year summaries and submit such evaluation to the Secretary.

(b) Limitations on use of funds

(1) In general

Except as provided in paragraph (2), grant funds and matching funds under this part only shall be used to purchase science equipment, science materials, or mathematical manipulative materials and shall not be used for computers, computer peripherals, software, textbooks, or staff development costs.

(2) Capital improvements

Grant funds under this part may not be used for capital improvements. Not more than 50 percent of any matching funds provided by the local educational agency may be used for capital improvements of classroom science facilities to support the hands-on instruction that this part is intended to support, such as the installation of electrical outlets, plumbing, lab tables or counters, or ventilation mechanisms.

(Pub. L. 89–10, title III, §3507, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3670.)

§6978. Federal administration

(a) Technical assistance and evaluation procedures

The Secretary shall provide technical assistance and, in consultation with State and local representatives of the program assisted under this part, shall develop procedures for State and local evaluations of the programs assisted under this part.

(b) Report

The Secretary shall report to the Congress each year on the program assisted under this part in accordance with section 8161 ¹ of this title.

(Pub. L. 89–10, title III, §3508, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3670.)

¹ So in original. Probably should be section "8941".

§6979. Authorization of appropriations

There are authorized to be appropriated $30,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this part.

(Pub. L. 89–10, title III, §3509, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3671.)

Section Referred to in Other Sections

This section is referred to in section 6974 of this title.

Part F—Limitation on Availability of Certain Funds for Schools

Prior Provisions

A prior Part F, consisting of sections 7001 to 7005, related to an elementary and secondary school library media resources program, prior to repeal by Pub. L. 104–208, div. A, title I, §101(e) [title VII, §708(e)], Sept. 30, 1996, 110 Stat. 3009–233, 3009-312.

§7001. Limitation on availability of certain funds for schools

(a) Internet safety

(1) In general

No funds made available under this subchapter to a local educational agency for an elementary or secondary school that does not receive services at discount rates under section 254(h)(5) of title 47 may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such school both—

(A)(i) has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—

(I) obscene;

(II) child pornography; or

(III) harmful to minors; and

(ii) is enforcing the operation of such technology protection measure during any use of such computers by minors; and

(B)(i) has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—

(I) obscene; or

(II) child pornography; and

(ii) is enforcing the operation of such technology protection measure during any use of such computers.

(2) Timing and applicability of implementation

(A) In general

The local educational agency with responsibility for a school covered by paragraph (1) shall certify the compliance of such school with the requirements of paragraph (1) as part of the application process for the next program funding year under this chapter following the effective date of this section, and for each subsequent program funding year thereafter.

(B) Process

(i) Schools with Internet safety policies and technology protection measures in place

A local educational agency with responsibility for a school covered by paragraph (1) that has in place an Internet safety policy meeting the requirements of paragraph (1) shall certify its compliance with paragraph (1) during each annual program application cycle under this chapter.

(ii) Schools without Internet safety policies and technology protection measures in place

A local educational agency with responsibility for a school covered by paragraph (1) that does not have in place an Internet safety policy meeting the requirements of paragraph (1)—

(I) for the first program year after the effective date of this section in which the local educational agency is applying for funds for such school under this chapter, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy that meets such requirements; and

(II) for the second program year after the effective date of this section in which the local educational agency is applying for funds for such school under this chapter, shall certify that such school is in compliance with such requirements.

 Any school covered by paragraph (1) for which the local educational agency concerned is unable to certify compliance with such requirements in such second program year shall be ineligible for all funding under this subchapter for such second program year and all subsequent program years until such time as such school comes into compliance with such requirements.

(iii) Waivers

Any school subject to a certification under clause (ii)(II) for which the local educational agency concerned cannot make the certification otherwise required by that clause may seek a waiver of that clause if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by that clause. The local educational agency concerned shall notify the Secretary of the applicability of that clause to the school. Such notice shall certify that the school will be brought into compliance with the requirements in paragraph (1) before the start of the third program year after the effective date of this section in which the school is applying for funds under this subchapter.

(3) Disabling during certain use

An administrator, supervisor, or person authorized by the responsible authority under paragraph (1) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes.

(4) Noncompliance

(A) Use of General Education Provisions Act remedies

Whenever the Secretary has reason to believe that any recipient of funds under this subchapter is failing to comply substantially with the requirements of this subsection, the Secretary may—

(i) withhold further payments to the recipient under this subchapter,

(ii) issue a complaint to compel compliance of the recipient through a cease and desist order, or

(iii) enter into a compliance agreement with a recipient to bring it into compliance with such requirements,

in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act [20 U.S.C. 1234d, 1234e, 1234f].

(B) Recovery of funds prohibited

The actions authorized by subparagraph (A) are the exclusive remedies available with respect to the failure of a school to comply substantially with a provision of this subsection, and the Secretary shall not seek a recovery of funds from the recipient for such failure.

(C) Recommencement of payments

Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments to the recipient under that subparagraph.

(5) Definitions

In this section:

(A) Computer

The term "computer" includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer.

(B) Access to Internet

A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network which has access to the Internet.

(C) Acquisition or operation

A ¹ elementary or secondary school shall be considered to have received funds under this subchapter for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly—

(i) to purchase, lease, or otherwise acquire or obtain the use of such computer; or

(ii) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer.

(D) Minor

The term "minor" means an individual who has not attained the age of 17.

(E) Child pornography

The term "child pornography" has the meaning given such term in section 2256 of title 18.

(F) Harmful to minors

The term "harmful to minors" means any picture, image, graphic image file, or other visual depiction that—

(i) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;

(ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

(iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

(G) Obscene

The term "obscene" has the meaning given such term in section 1460 of title 18.

(H) Sexual act; sexual contact

The terms "sexual act" and "sexual contact" have the meanings given such terms in section 2246 of title 18.

(b) Effective date

This section shall take effect 120 days after December 21, 2000.

(c) Separability

If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.

(Pub. L. 89–10, title III, §3601, as added Pub. L. 106–554, §1(a)(4) [div. B, title XVII, §1711], Dec. 21, 2000, 114 Stat. 2763, 2763A-337.)

Prior Provisions

Prior sections 7001 to 7005 were repealed by Pub. L. 104–208, div. A, title I, §101(e) [title VII, §708(e)], Sept. 30, 1996, 110 Stat. 3009–233, 3009-312.

Section 7001, Pub. L. 89–10, title III, §3601, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3671, authorized elementary and secondary school library media resources program.

Section 7002, Pub. L. 89–10, title III, §3602, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3671, related to allocation of funds to States.

Section 7003, Pub. L. 89–10, title III, §3603, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3671, required State plans meeting certain criteria.

Section 7004, Pub. L. 89–10, title III, §3604, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3672, related to distribution of allocations to local educational agencies.

Section 7005, Pub. L. 89–10, title III, §3605, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3672, authorized appropriations.

Disclaimers Regarding Internet Access and Privacy

Pub. L. 106–554, §1(a)(4) [div. B, title XVII, §1702], Dec. 21, 2000, 114 Stat. 2763, 2763A-336, provided that:

"(a) Disclaimer Regarding Content.—Nothing in this title [see Short Title of 2000 Amendments note set out under section 6301 of this title] or the amendments made by this title shall be construed to prohibit a local educational agency, elementary or secondary school, or library from blocking access on the Internet on computers owned or operated by that agency, school, or library to any content other than content covered by this title or the amendments made by this title.

"(b) Disclaimer Regarding Privacy.—Nothing in this title or the amendments made by this title shall be construed to require the tracking of Internet use by any identifiable minor or adult user."

Availability of Certain Funds for Acquisition of Technology Protection Measures

Pub. L. 106–554, §1(a)(4) [div. B, title XVII, §1721(g)], Dec. 21, 2000, 114 Stat. 2763, 2763A-350, provided that:

"(1) In general.—Notwithstanding any other provision of law, funds available under section 3134 [20 U.S.C. 6844] or part A of title VI of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7311 et seq.], or under section 231 of the Library Services and Technology Act [20 U.S.C. 9141], may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title [see Short Title of 2000 Amendments note set out under section 6301 of this title] and the amendments made by this title. No other sources of funds for the purchase or acquisition of such measures are authorized by this title, or the amendments made by this title.

"(2) Technology protection measure defined.—In this section, the term 'technology protection measure' has the meaning given that term in section 1703 [set out as a note under section 902 of Title 47, Telegraphs, Telephones, and Radiotelegraphs]."

Expedited Review

Pub. L. 106–554, §1(a)(4) [div. B, title XVII, §1741], Dec. 21, 2000, 114 Stat. 2763, 2763A-351, provided that:

"(a) Three-Judge District Court Hearing.—Notwithstanding any other provision of law, any civil action challenging the constitutionality, on its face, of this title [see Short Title of 2000 Amendments note set out under section 6301 of this title] or any amendment made by this title, or any provision thereof, shall be heard by a district court of three judges convened pursuant to the provisions of section 2284 of title 28, United States Code.

"(b) Appellate Review.—Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of three judges in an action under subsection (a) holding this title or an amendment made by this title, or any provision thereof, unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court. Any such appeal shall be filed not more than 20 days after entry of such judgment, decree, or order."

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