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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Browse Source 
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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legal/us/code/title-20/chapter-70/section-6301.md
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legal/us/code/title-20/chapter-70/section-6302.md
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---
type: "LegalText"
title: "20 U.S.C. § 6302"
description: "Authorization of appropriations"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 20
title_name: "EDUCATION"
chapter_number: "70"
chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
section: "6302"
citation: "20 U.S.C. § 6302"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip"
source_identifier: "/us/usc/t20/s6302"
source_file: "data/legal/raw/us/code/title-20/usc20.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 20 U.S.C. § 6302 - Authorization of appropriations
## Text
(a) Local educational agency grants There are authorized to be appropriated to carry out the activities described in part A—
(1) $15,012,317,605 for fiscal year 2017;
(2) $15,457,459,042 for fiscal year 2018;
(3) $15,897,371,442 for fiscal year 2019; and
(4) $16,182,344,591 for fiscal year 2020.
(b) State assessments There are authorized to be appropriated to carry out the activities described in part B, $378,000,000 for each of fiscal years 2017 through 2020.
(c) Education of migratory children There are authorized to be appropriated to carry out the activities described in part C, $374,751,000 for each of fiscal years 2017 through 2020.
(d) Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk There are authorized to be appropriated to carry out the activities described in part D, $47,614,000 for each of fiscal years 2017 through 2020.
(e) Federal activities For the purpose of carrying out evaluation activities related to subchapter I under section 7981 of this title, there are authorized to be appropriated $710,000 for each of fiscal years 2017 through 2020.
(f) Sense of Congress regarding adjustments to authorizations of appropriations provided in this chapter for future budget agreements It is the sense of Congress that if legislation is enacted that revises the limits on discretionary spending established under section 901(c) of title 2, the levels of appropriations authorized throughout this chapter should be adjusted in a manner that is consistent with the adjustments in nonsecurity category funding provided for under the revised limits on discretionary spending.
(Pub. L. 89–10, title I, § 1002, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1440; amended Pub. L. 114–95, title I, § 1002, Dec. 10, 2015, 129 Stat. 1814.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6302, Pub. L. 89–10, title I, § 1002, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3522; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1602], Dec. 21, 2000, 114 Stat. 2763, 2763A–328, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1002 of Pub. L. 89–10 was renumbered section 9002 and was classified to section 3382 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Amendments2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (i) relating to authorization of appropriations for fiscal years 2002 through 2007.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
type: "LegalText"
title: "20 U.S.C. § 6303"
description: "School improvement"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 20
title_name: "EDUCATION"
chapter_number: "70"
chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
section: "6303"
citation: "20 U.S.C. § 6303"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip"
source_identifier: "/us/usc/t20/s6303"
source_file: "data/legal/raw/us/code/title-20/usc20.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 20 U.S.C. § 6303 - School improvement
## Text
(a) State reservations To carry out subsection (b) and the State educational agency’s statewide system of technical assistance and support for local educational agencies, each State shall reserve the greater of—
(1) 7 percent of the amount the State receives under subpart 2 of part A; or
(2) the sum of the amount the State—
(A) reserved for fiscal year 2016 under this subsection, as in effect on the day before December 10, 2015; and
(B) received for fiscal year 2016 under subsection (g), as in effect on the day before December 10, 2015.
(b) Uses Of the amount reserved under subsection (a) for any fiscal year, the State educational agency—
(1) (A) shall allocate not less than 95 percent of that amount to make grants to local educational agencies on a formula or competitive basis, to serve schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d) of this title; or
(B) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams, educational service agencies, or nonprofit or for-profit external providers with expertise in using evidence-based strategies to improve student achievement, instruction, and schools; and
(2) shall use the funds not allocated to local educational agencies under paragraph (1) to carry out this section, which shall include—
(A) establishing the method, consistent with paragraph (1)(A), the State will use to allocate funds to local educational agencies under such paragraph, including ensuring—
(i) the local educational agencies receiving an allotment under such paragraph represent the geographic diversity of the State; and
(ii) that allotments are of sufficient size to enable a local educational agency to effectively implement selected strategies;
(B) monitoring and evaluating the use of funds by local educational agencies receiving an allotment under such paragraph; and
(C) as appropriate, reducing barriers and providing operational flexibility for schools in the implementation of comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d) of this title.
(c) Duration The State educational agency shall award each subgrant under subsection (b) for a period of not more than 4 years, which may include a planning year.
(d) Rule of construction Nothing in this section shall be construed as prohibiting a State from allocating subgrants under this section to a statewide school district, consortium of local educational agencies, or an educational service agency that serves schools implementing comprehensive support and improvement activities or targeted support and improvement activities, if such entities are legally constituted or recognized as local educational agencies in the State.
(e) Application To receive an allotment under subsection (b)(1), a local educational agency shall submit an application to the State educational agency at such time, in such form, and including such information as the State educational agency may require. Each application shall include, at a minimum—
(1) a description of how the local educational agency will carry out its responsibilities under section 6311(d) of this title for schools receiving funds under this section, including how the local educational agency will—
(A) develop comprehensive support and improvement plans under section 6311(d)(1) of this title for schools receiving funds under this section;
(B) support schools developing or implementing targeted support and improvement plans under section 6311(d)(2) of this title, if funds received under this section are used for such purpose;
(C) monitor schools receiving funds under this section, including how the local educational agency will carry out its responsibilities under clauses (iv) and (v) of section 6311(d)(2)(B) of this title if funds received under this section are used to support schools implementing targeted support and improvement plans;
(D) use a rigorous review process to recruit, screen, select, and evaluate any external partners with whom the local educational agency will partner;
(E) align other Federal, State, and local resources to carry out the activities supported with funds received under subsection (b)(1); and
(F) as appropriate, modify practices and policies to provide operational flexibility that enables full and effective implementation of the plans described in paragraphs (1) and (2) of section 6311(d) of this title; and
(2) an assurance that each school the local educational agency proposes to serve will receive all of the State and local funds it would have received in the absence of funds received under this section.
(f) Priority The State educational agency, in allocating funds to local educational agencies under this section, shall give priority to local educational agencies that—
(1) serve high numbers, or a high percentage of, elementary schools and secondary schools implementing plans under paragraphs (1) and (2) of section 6311(d) of this title;
(2) demonstrate the greatest need for such funds, as determined by the State; and
(3) demonstrate the strongest commitment to using funds under this section to enable the lowest-performing schools to improve student achievement and student outcomes.
(g) Unused funds If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b) is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with—
(1) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or
(2) section 6338(c) of this title.
(h) Special rule Notwithstanding any other provision of this section, the amount of funds reserved by the State educational agency under subsection (a) for fiscal year 2018 and each subsequent fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such subpart for the preceding fiscal year.
(i) Reporting The State shall include in the report described in section 6311(h)(1) of this title a list of all the local educational agencies and schools that received funds under this section, including the amount of funds each school received and the types of strategies implemented in each school with such funds.
(Pub. L. 89–10, title I, § 1003, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1442; amended Pub. L. 114–95, title I, § 1003, Dec. 10, 2015, 129 Stat. 1815.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6303, Pub. L. 89–10, title I, § 1003, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3522, related to reservation and allocation for school improvement, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1003 of Pub. L. 89–10 was renumbered section 9003 and was classified to section 3383 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Amendments2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (g) relating to State reservations of amounts, uses of amounts, priority in allocating funds, allocation of unused funds, special rule limiting decrease of amounts received under subpart 2 of part A, reporting of list of recipient schools and percentage of students from families with incomes below poverty line, and grants program for assistance for local school improvement.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
type: "LegalText"
title: "20 U.S.C. § 6303a"
description: "Whole-school reform strategy"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 20
title_name: "EDUCATION"
chapter_number: "70"
chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
section: "6303a"
citation: "20 U.S.C. § 6303a"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip"
source_identifier: "/us/usc/t20/s6303a"
source_file: "data/legal/raw/us/code/title-20/usc20.xml"
source_hash: "d3d668ad71a1c7fdca9e54abea156e47a929826bee94a78355edacb834629721"
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text_hash: "54c49d20a60fab25cecbbbaa33acaed9543b85de01cd762047ca47a4b99068a8"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 20 U.S.C. § 6303a - Whole-school reform strategy
## Text
Funds available for school improvement grants for fiscal year 2014 and thereafter may be used by a local educational agency to implement a whole-school reform strategy for a school using an evidence-based strategy that ensures whole-school reform is undertaken in partnership with a strategy developer offering a whole-school reform program that is based on at least a moderate level of evidence that the program will have a statistically significant effect on student outcomes, including at least one well-designed and well-implemented experimental or quasi-experimental study.
(Pub. L. 114–113, div. H, title III, Dec. 18, 2015, 129 Stat. 2627.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Department of Education Appropriations Act, 2016, and also as part of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2016, and the Consolidated Appropriations Act, 2016, and not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Similar ProvisionsSimilar provisions were contained in the following prior appropriation act: Pub. L. 113–235, div. G, title III, Dec. 16, 2014, 128 Stat. 2493.
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---
type: "LegalText"
title: "20 U.S.C. § 6303b"
description: "Direct student services"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 20
title_name: "EDUCATION"
chapter_number: "70"
chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
section: "6303b"
citation: "20 U.S.C. § 6303b"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip"
source_identifier: "/us/usc/t20/s6303b"
source_file: "data/legal/raw/us/code/title-20/usc20.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 20 U.S.C. § 6303b - Direct student services
## Text
(a) State reservation (1) In general (A) States Each State educational agency, after meaningful consultation with geographically diverse local educational agencies described in subparagraph (B), may reserve not more than 3 percent of the amount the State educational agency receives under subpart 2 of part A for each fiscal year to carry out this section.
(B) Consultation A State educational agency shall consult under subparagraph (A) with local educational agencies that include—
(i) suburban, rural, and urban local educational agencies;
(ii) local educational agencies serving a high percentage of schools identified by the State for comprehensive support and improvement under section 6311(c)(4)(D)(i) of this title; and
(iii) local educational agencies serving a high percentage of schools implementing targeted support and improvement plans under section 6311(d)(2) of this title.
(2) Program administration Of the funds reserved under paragraph (1)(A), the State educational agency may use not more than 1 percent to administer the program described in this section.
(b) Awards (1) In general From the amount reserved under subsection (a) by a State educational agency, the State educational agency shall award grants to geographically diverse local educational agencies described in subsection (a)(1)(B)(i).
(2) Priority In making such awards, the State educational agency shall prioritize awards to local educational agencies serving the highest percentage of schools, as compared to other local educational agencies in the State—
(A) identified by the State for comprehensive support and improvement under section 6311(c)(4)(D)(i) of this title; or
(B) implementing targeted support and improvement plans under section 6311(d)(2) of this title.
(c) Local use of funds A local educational agency receiving an award under this section—
(1) may use not more than 1 percent of its award for outreach and communication to parents about available direct student services described in paragraph (3) in the local educational agency and State;
(2) may use not more than 2 percent of its award for administrative costs related to such direct student services;
(3) shall use the remainder of the award to pay the costs associated with one or more of the following direct student services—
(A) enrollment and participation in academic courses not otherwise available at a student’s school, including—
(i) advanced courses; and
(ii) career and technical education coursework that—
(I) is aligned with the challenging State academic standards; and
(II) leads to industry-recognized credentials that meet the quality criteria established by the State under section 3153(a) of title 29;
(B) credit recovery and academic acceleration courses that lead to a regular high school diploma;
(C) activities that assist students in successfully completing postsecondary level instruction and examinations that are accepted for credit at institutions of higher education (including Advanced Placement and International Baccalaureate courses), which may include reimbursing low-income students to cover part or all of the costs of fees for such examinations;
(D) components of a personalized learning approach, which may include high-quality academic tutoring; and
(E) in the case of a local educational agency that does not reserve funds under section 6311(d)(1)(D)(v) of this title, transportation to allow a student enrolled in a school identified for comprehensive support and improvement under section 6311(c)(4)(D)(i) of this title to transfer to another public school (which may include a charter school) that has not been identified by the State under such section; and
(4) in paying the costs associated with the direct student services described in paragraph (3), shall—
(A) first, pay such costs for students who are enrolled in schools identified by the State for comprehensive support and improvement under section 6311(c)(4)(D)(i) of this title;
(B) second, pay such costs for low-achieving students who are enrolled in schools implementing targeted support and improvement plans under section 6311(d)(2) of this title; and
(C) with any remaining funds, pay such costs for other low-achieving students served by the local educational agency.
(d) Application A local educational agency desiring to receive an award under subsection (b) shall submit an application to the State educational agency at such time and in such manner as the State educational agency shall require. At a minimum, each application shall describe how the local educational agency will—
(1) provide adequate outreach to ensure parents can exercise a meaningful choice of direct student services for their child’s education;
(2) ensure parents have adequate time and information to make a meaningful choice prior to enrolling their child in a direct student service;
(3) in the case of a local educational agency offering public school choice under this section, ensure sufficient availability of seats in the public schools the local educational agency will make available for public school choice options;
(4) prioritize services to students who are lowest-achieving;
(5) select providers of direct student services, which may include one or more of—
(A) the local educational agency or other local educational agencies;
(B) community colleges or other institutions of higher education;
(C) non-public entities;
(D) community-based organizations; or
(E) in the case of high-quality academic tutoring, a variety of providers of such tutoring that are selected and approved by the State and appear on the State’s list of such providers required under subsection (e)(2);
(6) monitor the provision of direct student services; and
(7) publicly report the results of direct student service providers in improving relevant student outcomes in a manner that is accessible to parents.
(e) Providers and schools A State educational agency that reserves an amount under subsection (a) shall—
(1) ensure that each local educational agency that receives an award under this section and intends to provide public school choice under subsection (c)(3)(E) can provide a sufficient number of options to provide a meaningful choice for parents;
(2) compile and maintain an updated list of State-approved high-quality academic tutoring providers that—
(A) is developed using a fair negotiation and rigorous selection and approval process;
(B) provides parents with meaningful choices;
(C) offers a range of tutoring models, including online and on campus; and
(D) includes only providers that—
(i) have a demonstrated record of success in increasing students’ academic achievement;
(ii) comply with all applicable Federal, State, and local health, safety, and civil rights laws; and
(iii) provide instruction and content that is secular, neutral, and non-ideological;
(3) ensure that each local educational agency receiving an award is able to provide an adequate number of high-quality academic tutoring options to ensure parents have a meaningful choice of services;
(4) develop and implement procedures for monitoring the quality of services provided by direct student service providers; and
(5) establish and implement clear criteria describing the course of action for direct student service providers that are not successful in improving student academic outcomes, which, for a high-quality academic tutoring provider, may include a process to remove State approval under paragraph (2).
(Pub. L. 89–10, title I, § 1003A, as added Pub. L. 114–95, title I, § 1004, Dec. 10, 2015, 129 Stat. 1817.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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---
type: "LegalText"
title: "20 U.S.C. § 6304"
description: "State administration"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 20
title_name: "EDUCATION"
chapter_number: "70"
chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
section: "6304"
citation: "20 U.S.C. § 6304"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip"
source_identifier: "/us/usc/t20/s6304"
source_file: "data/legal/raw/us/code/title-20/usc20.xml"
source_hash: "1ee6b97d6b5e073c572ab7b97560bce1284d1a6c86909bca490901ed0a141a17"
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text_hash: "1c98cb456bd915946b083ff757b30cec9a2395c3ae73dab9e05b6d85a4958fe7"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 20 U.S.C. § 6304 - State administration
## Text
(a) In general Except as provided in subsection (b), to carry out administrative duties assigned under parts A, C, and D of this subchapter, each State may reserve the greater of—
(1) 1 percent of the amounts received under such parts; or
(2) $400,000 ($50,000 in the case of each outlying area).
(b) Exception If the sum of the amounts appropriated for parts A, C, and D of this subchapter is equal to or greater than $14,000,000,000, then the reservation described in subsection (a)(1) shall not exceed 1 percent of the amount the State would receive, if $14,000,000,000 were allocated among the States for parts A, C, and D of this subchapter.
(Pub. L. 89–10, title I, § 1004, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1444.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1004 of Pub. L. 89–10 was renumbered section 9004 and was classified to section 3384 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
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---
type: "LegalText"
title: "20 U.S.C. § 6312"
description: "Local educational agency plans"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 20
title_name: "EDUCATION"
chapter_number: "70"
chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
section: "6312"
citation: "20 U.S.C. § 6312"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip"
source_identifier: "/us/usc/t20/s6312"
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# 20 U.S.C. § 6312 - Local educational agency plans
## Text
(a) Plans required (1) Subgrants A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that—
(A) is developed with timely and meaningful consultation with teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, charter school leaders (in a local educational agency that has charter schools), administrators (including administrators of programs described in other parts of this subchapter), other appropriate school personnel, and with parents of children in schools served under this part; and
(B) as appropriate, is coordinated with other programs under this chapter, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.),11 So in original. Probably should be “(29 U.S.C. 701 et seq.),”. the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.), and other Acts as appropriate.
(2) Consolidated application The plan may be submitted as part of a consolidated application under section 7845 of this title.
(3) State approval (A) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency.
(B) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan—
(i) provides that schools served under this part substantially help children served under this part meet the challenging State academic standards; and
(ii) meets the requirements of this section.
(4) Duration Each local educational agency plan shall be submitted for the first year for which this part is in effect following December 10, 2015, and shall remain in effect for the duration of the agency’s participation under this part.
(5) Review Each local educational agency shall periodically review and, as necessary, revise its plan.
(6) Rule of construction Consultation required under paragraph (1)(A) shall not interfere with the timely submission of the plan required under this section.
(b) Plan provisions To ensure that all children receive a high-quality education, and to close the achievement gap between children meeting the challenging State academic standards and those children who are not meeting such standards, each local educational agency plan shall describe—
(1) how the local educational agency will monitor students’ progress in meeting the challenging State academic standards by—
(A) developing and implementing a well-rounded program of instruction to meet the academic needs of all students;
(B) identifying students who may be at risk for academic failure;
(C) providing additional educational assistance to individual students the local educational agency or school determines need help in meeting the challenging State academic standards; and
(D) identifying and implementing instructional and other strategies intended to strengthen academic programs and improve school conditions for student learning;
(2) how the local educational agency will identify and address, as required under State plans as described in section 6311(g)(1)(B) of this title, any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, or out-of-field teachers;
(3) how the local educational agency will carry out its responsibilities under paragraphs (1) and (2) of section 6311(d) of this title;
(4) the poverty criteria that will be used to select school attendance areas under section 6313 of this title;
(5) in general, the nature of the programs to be conducted by such agency’s schools under sections 6314 and 6315 of this title and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs;
(6) the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 6313(c)(3)(A) of this title, to support the enrollment, attendance, and success of homeless children and youths, in coordination with the services the local educational agency is providing under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.);
(7) the strategy the local educational agency will use to implement effective parent and family engagement under section 6318 of this title;
(8) if applicable, how the local educational agency will support, coordinate, and integrate services provided under this part with early childhood education programs at the local educational agency or individual school level, including plans for the transition of participants in such programs to local elementary school programs;
(9) how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized instructional support personnel, in schools operating a targeted assistance school program under section 6315 of this title, will identify the eligible children most in need of services under this part;
(10) how the local educational agency will implement strategies to facilitate effective transitions for students from middle grades to high school and from high school to postsecondary education including, if applicable—
(A) through coordination with institutions of higher education, employers, and other local partners; and
(B) through increased student access to early college high school or dual or concurrent enrollment opportunities, or career counseling to identify student interests and skills;
(11) how the local educational agency will support efforts to reduce the overuse of discipline practices that remove students from the classroom, which may include identifying and supporting schools with high rates of discipline, disaggregated by each of the subgroups of students, as defined in section 6311(c)(2) of this title;
(12) if determined appropriate by the local educational agency, how such agency will support programs that coordinate and integrate—
(A) academic and career and technical education content through coordinated instructional strategies, that may incorporate experiential learning opportunities and promote skills attainment important to in-demand occupations or industries in the State; and
(B) work-based learning opportunities that provide students in-depth interaction with industry professionals and, if appropriate, academic credit; and
(13) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include how the local educational agency will—
(A) assist schools in identifying and serving gifted and talented students; and
(B) assist schools in developing effective school library programs to provide students an opportunity to develop digital literacy skills and improve academic achievement.
(c) Assurances Each local educational agency plan shall provide assurances that the local educational agency will—
(1) ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part;
(2) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 6320 of this title, and timely and meaningful consultation with private school officials regarding such services;
(3) participate, if selected, in the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 carried out under section 9622(b)(3) of this title;
(4) coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children and youths, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program;
(5) collaborate with the State or local child welfare agency to—
(A) designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency; and
(B) by not later than 1 year after December 10, 2015, develop and implement clear written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care, which procedures shall—
(i) ensure that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with section 675(4)(A) of title 42; and
(ii) ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if—
(I) the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation;
(II) the local educational agency agrees to pay for the cost of such transportation; or
(III) the local educational agency and the local child welfare agency agree to share the cost of such transportation; and 22 So in original. The word “and” probably should not appear.
(6) ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification; and
(7) in the case of a local educational agency that chooses to use funds under this part to provide early childhood education services to low-income children below the age of compulsory school attendance, ensure that such services comply with the performance standards established under section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)).
(d) Special rule For local educational agencies using funds under this part for the purposes described in subsection (c)(7), the Secretary shall—
(1) consult with the Secretary of Health and Human Services and establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subsection; and
(2) disseminate to local educational agencies the education performance standards in effect under section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)), and such agencies affected by such subsection (c)(7) shall plan to comply with such subsection (taking into consideration existing State and local laws, and local teacher contracts), including by pursuing the availability of other Federal, State, and local funding sources to assist with such compliance.
(e) Parents right-to-know (1) Information for parents (A) In general At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following:
(i) Whether the student’s teacher—
(I) has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction;
(II) is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived; and
(III) is teaching in the field of discipline of the certification of the teacher.
(ii) Whether the child is provided services by paraprofessionals and, if so, their qualifications.
(B) Additional information In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student—
(i) information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and
(ii) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.
(2) Testing transparency (A) In general At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the local educational agency will provide the parents on request (and in a timely manner), information regarding any State or local educational agency policy regarding student participation in any assessments mandated by section 6311(b)(2) of this title and by the State or local educational agency, which shall include a policy, procedure, or parental right to opt the child out of such assessment, where applicable.
(B) Additional information Subject to subparagraph (C), each local educational agency that receives funds under this part shall make widely available through public means (including by posting in a clear and easily accessible manner on the local educational agency’s website and, where practicable, on the website of each school served by the local educational agency) for each grade served by the local educational agency, information on each assessment required by the State to comply with section 6311 of this title, other assessments required by the State, and where such information is available and feasible to report, assessments required districtwide by the local educational agency, including—
(i) the subject matter assessed;
(ii) the purpose for which the assessment is designed and used;
(iii) the source of the requirement for the assessment; and
(iv) where such information is available—
(I) the amount of time students will spend taking the assessment, and the schedule for the assessment; and
(II) the time and format for disseminating results.
(C) Local educational agency that does not operate a website In the case of a local educational agency that does not operate a website, such local educational agency shall determine how to make the information described in subparagraph (A) widely available, such as through distribution of that information to the media, through public agencies, or directly to parents.
(3) Language instruction (A) Notice Each local educational agency using funds under this part or subchapter III to provide a language instruction educational program as determined under subchapter III shall, not later than 30 days after the beginning of the school year, inform parents of an English learner identified for participation or participating in such a program, of—
(i) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program;
(ii) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement;
(iii) the methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;
(iv) how the program in which their child is, or will be, participating will meet the educational strengths and needs of their child;
(v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;
(vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school (including four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools;
(vii) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)); and
(viii) information pertaining to parental rights that includes written guidance—
(I) detailing the right that parents have to have their child immediately removed from such program upon their request;
(II) detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and
(III) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity.
(B) Special rule applicable during the school year For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A).
(C) Parental participation (i) In general Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of English learners to inform the parents regarding how the parents can—
(I) be involved in the education of their children; and
(II) be active participants in assisting their children to—
(aa) attain English proficiency;
(bb) achieve at high levels within a well-rounded education; and
(cc) meet the challenging State academic standards expected of all students.
(ii) Regular meetings Implementing an effective means of outreach to parents under clause (i) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part or subchapter III.
(D) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status.
(4) Notice and format The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.
(Pub. L. 89–10, title I, § 1112, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1462; amended Pub. L. 107–279, title IV, § 404(d)(2), Nov. 5, 2002, 116 Stat. 1985; Pub. L. 109–270, § 2(f)(2), Aug. 12, 2006, 120 Stat. 747; Pub. L. 110–134, § 29(a), Dec. 12, 2007, 121 Stat. 1448; Pub. L. 114–95, title I, § 1006, Dec. 10, 2015, 129 Stat. 1852.)
## Notes
Editorial Notes
References in TextThe Individuals with Disabilities Education Act, referred to in subsec. (a)(1)(B), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (a)(1)(B), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (a)(1)(B), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables. The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(1)(B), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of this title, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Head Start Act, referred to in subsec. (a)(1)(B), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables. The McKinney-Vento Homeless Assistance Act, referred to in subsecs. (a)(1)(B) and (b)(6), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482, which is classified principally to chapter 119 (§ 11301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables. The Adult Education and Family Literacy Act, referred to in subsec. (a)(1)(B), is title II of Pub. L. 113–128, July 22, 2014, 128 Stat. 1608, which is classified generally to subchapter II (§ 3271 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
Prior ProvisionsA prior section 6312, Pub. L. 89–10, title I, § 1112, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3529, related to local educational agency plans, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Pub. L. 114–95 amended section generally. Prior to amendment, section related to local educational agency plan to help low-achieving children meet challenging academic achievement standards. 2007—Subsec. (c)(1)(G). Pub. L. 110–134, § 29(a)(1), substituted “education performance standards in effect under section 9836a(a)(1)(B) of title 42” for “performance standards established under section 9836a(a) of title 42”. Subsec. (c)(2)(B). Pub. L. 110–134, § 29(a)(2), substituted “education performance standards in effect under section 9836a(a)(1)(B) of title 42” for “Head Start performance standards as in effect under section 9836a(a) of title 42”. 2006—Subsec. (a)(1). Pub. L. 109–270 substituted “Carl D. Perkins Career and Technical Education Act of 2006” for “Carl D. Perkins Vocational and Technical Education Act of 1998”. 2002—Subsec. (b)(1)(F). Pub. L. 107–279 substituted “section 9622(b)(2) of this title” for “section 9010(b)(2) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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title: "20 U.S.C. § 6313"
description: "Eligible school attendance areas"
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title_number: 20
title_name: "EDUCATION"
chapter_number: "70"
chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
section: "6313"
citation: "20 U.S.C. § 6313"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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# 20 U.S.C. § 6313 - Eligible school attendance areas
## Text
(a) Determination (1) In general A local educational agency shall use funds received under this part only in eligible school attendance areas.
(2) Eligible school attendance areas For the purposes of this part—
(A) the term “school attendance area” means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and
(B) the term “eligible school attendance area” means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole.
(3) Ranking order (A) Ranking Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall—
(i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and
(ii) serve such eligible school attendance areas in rank order.
(B) Exception A local educational agency may lower the threshold in subparagraph (A)(i) to 50 percent for high schools served by such agency.
(4) Remaining funds If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall—
(A) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and
(B) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole.
(5) Measures (A) In general Except as provided in subparagraph (B), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.], or the number of children eligible to receive medical assistance under the Medicaid Program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency—
(i) to identify eligible school attendance areas;
(ii) to determine the ranking of each area; and
(iii) to determine allocations under subsection (c).
(B) Secondary schools For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be—
(i) the measure described under subparagraph (A); or
(ii) subject to meeting the conditions of subparagraph (C), an accurate estimate of the number of students in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under subparagraph (A) that feed into the secondary school to the number of students enrolled in such school.
(C) Measure of poverty The local educational agency shall have the option to use the measure of poverty described in subparagraph (B)(ii) after—
(i) conducting outreach to secondary schools within such agency to inform such schools of the option to use such measure; and
(ii) a majority of such schools have approved the use of such measure.
(6) Exception This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children.
(7) Waiver for desegregation plans The Secretary may approve a local educational agency’s written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if—
(A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and
(B) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part.
(b) Local educational agency discretion (1) In general Notwithstanding subsection (a)(2), a local educational agency may—
(A) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families;
(B) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency;
(C) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and
(D) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if—
(i) the school meets the comparability requirements of section 6321(c) of this title;
(ii) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of section 6314 or 6315 of this title; and
(iii) the funds expended from such other sources equal or exceed the amount that would be provided under this part.
(2) Special rule Notwithstanding paragraph (1)(D), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A).
(c) Allocations (1) In general A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and (b), in rank order, on the basis of the total number of children from low-income families in each area or school.
(2) Special rule (A) In general Except as provided in subparagraph (B), the per-pupil amount of funds allocated to each school attendance area or school under paragraph (1) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 6312 of this title, except that this paragraph shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater.
(B) Exception A local educational agency may reduce the amount of funds allocated under subparagraph (A) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of section 6314 or 6315 of this title.
(3) Reservation of funds (A) In general A local educational agency shall reserve such funds as are necessary under this part, determined in accordance with subparagraphs (B) and (C), to provide services comparable to those provided to children in schools funded under this part to serve—
(i) homeless children and youths, including providing educationally related support services to children in shelters and other locations where children may live;
(ii) children in local institutions for neglected children; and
(iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs.
(B) Method of determination The share of funds determined under subparagraph (A) shall be determined—
(i) based on the total allocation received by the local educational agency; and
(ii) prior to any allowable expenditures or transfers by the local educational agency.
(C) Homeless children and youths Funds reserved under subparagraph (A)(i) may be—
(i) determined based on a needs assessment of homeless children and youths in the local educational agency, taking into consideration the number and needs of homeless children and youths in the local educational agency, and which needs assessment may be the same needs assessment as conducted under section 11433(b)(1) of title 42; and
(ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing—
(I) funding for the liaison designated pursuant to section 11432(g)(1)(J)(ii) of title 42; and
(II) transportation pursuant to section 11432(g)(1)(J)(iii) of such title.
(4) Financial incentives and rewards reservation A local educational agency may reserve such funds as are necessary from those funds received by the local educational agency under subchapter II, and not more than 5 percent of those funds received by the local educational agency under subpart 2 of this part, to provide financial incentives and rewards to teachers who serve in schools eligible under this section and identified for comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d) of this title for the purpose of attracting and retaining qualified and effective teachers.
(5) Early childhood education A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children.
(Pub. L. 89–10, title I, § 1113, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1469; amended Pub. L. 114–95, title I, § 1007, Dec. 10, 2015, 129 Stat. 1859.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in subsec. (a)(5)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Social Security Act, referred to in subsec. (a)(5)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Prior ProvisionsA prior section 6313, Pub. L. 89–10, title I, § 1113, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3532; amended Pub. L. 104–193, title I, § 110(j)(1), Aug. 22, 1996, 110 Stat. 2172; Pub. L. 106–78, title VII, § 752(b)(10), Oct. 22, 1999, 113 Stat. 1169, related to eligible school attendance areas, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a)(3). Pub. L. 114–95, § 1007(1)(A), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “If funds allocated in accordance with subsection (c) of this section are insufficient to serve all eligible school attendance areas, a local educational agency shall— “(A) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and “(B) serve such eligible school attendance areas in rank order.” Subsec. (a)(5). Pub. L. 114–95, § 1007(1)(B), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— “(A) to identify eligible school attendance areas; “(B) to determine the ranking of each area; and “(C) to determine allocations under subsection (c) of this section.” Subsec. (b)(1)(D)(i). Pub. L. 114–95, § 1007(2), made technical amendment to reference in original act which appears in text as reference to section 6321(c) of this title. Subsec. (c)(3). Pub. L. 114–95, § 1007(3)(A), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— “(A) homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where children may live; “(B) children in local institutions for neglected children; and “(C) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs.” Subsec. (c)(4). Pub. L. 114–95, § 1007(3)(B), substituted “comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d)” for “school improvement, corrective action, and restructuring under section 6316(b)”. Subsec. (c)(5). Pub. L. 114–95, § 1007(3)(C), added par. (5).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6314 - Schoolwide programs
## Text
(a) In general (1) Use of funds for schoolwide programs (A) Eligibility A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families.
(B) Exception A school that serves an eligible school attendance area in which less than 40 percent of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if the school receives a waiver from the State educational agency to do so, after taking into account how a schoolwide program will best serve the needs of the students in the school served under this part in improving academic achievement and other factors.
(2) Identification of students not required (A) In general No school participating in a schoolwide program shall be required to identify—
(i) particular children under this part as eligible to participate in a schoolwide program; or
(ii) individual services as supplementary.
(B) Supplemental funds In accordance with the method of determination described in section 6321(b)(2) of this title, a school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and English learners.
(3) Exemption from statutory and regulatory requirements (A) Exemption Except as provided in paragraph (2), the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), except as provided in section 613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met.
(B) Requirements A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, comparability of services, maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with the method of determination described in section 6321(b)(2) of this title), or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs.
(C) Records A school that chooses to consolidate and use funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program.
(b) Schoolwide program plan An eligible school operating a schoolwide program shall develop a comprehensive plan (or amend a plan for such a program that was in existence on the day before December 10, 2015) that—
(1) is developed during a 1-year period, unless—
(A) the local educational agency determines, in consultation with the school, that less time is needed to develop and implement the schoolwide program; or
(B) the school is operating a schoolwide program on the day before December 10, 2015, in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance after that date to reflect the provisions of this section;
(2) is developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, administrators (including administrators of programs described in other parts of this subchapter), the local educational agency, to the extent feasible, tribes and tribal organizations present in the community, and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, if the plan relates to a secondary school, students, and other individuals determined by the school;
(3) remains in effect for the duration of the school’s participation under this part, except that the plan and its implementation shall be regularly monitored and revised as necessary based on student needs to ensure that all students are provided opportunities to meet the challenging State academic standards;
(4) is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and
(5) if appropriate and applicable, is developed in coordination and integration with other Federal, State, and local services, resources, and programs, such as programs supported under this chapter, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d) of this title;
(6) is based on a comprehensive needs assessment of the entire school that takes into account information on the academic achievement of children in relation to the challenging State academic standards, particularly the needs of those children who are failing, or are at-risk of failing, to meet the challenging State academic standards and any other factors as determined by the local educational agency; and
(7) includes a description of—
(A) the strategies that the school will be implementing to address school needs, including a description of how such strategies will—
(i) provide opportunities for all children, including each of the subgroups of students (as defined in section 6311(c)(2) of this title) to meet the challenging State academic standards;
(ii) use methods and instructional strategies that strengthen the academic program in the school, increase the amount and quality of learning time, and help provide an enriched and accelerated curriculum, which may include programs, activities, and courses necessary to provide a well-rounded education; and
(iii) address the needs of all children in the school, but particularly the needs of those at risk of not meeting the challenging State academic standards, through activities which may include—
(I) counseling, school-based mental health programs, specialized instructional support services, mentoring services, and other strategies to improve students’ skills outside the academic subject areas;
(II) preparation for and awareness of opportunities for postsecondary education and the workforce, which may include career and technical education programs and broadening secondary school students’ access to coursework to earn postsecondary credit while still in high school (such as Advanced Placement, International Baccalaureate, dual or concurrent enrollment, or early college high schools);
(III) implementation of a schoolwide tiered model to prevent and address problem behavior, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(IV) professional development and other activities for teachers, paraprofessionals, and other school personnel to improve instruction and use of data from academic assessments, and to recruit and retain effective teachers, particularly in high-need subjects; and
(V) strategies for assisting preschool children in the transition from early childhood education programs to local elementary school programs; and
(B) if programs are consolidated, the specific State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program.
(c) Preschool programs A school that operates a schoolwide program under this section may use funds available under this part to establish or enhance preschool programs for children who are under 6 years of age.
(d) Delivery of services The services of a schoolwide program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement.
(e) Use of funds for dual or concurrent enrollment programs (1) In general A secondary school operating a schoolwide program under this section may use funds received under this part to operate dual or concurrent enrollment programs that address the needs of low-achieving secondary school students and those at risk of not meeting the challenging State academic standards.
(2) Flexibility of funds A secondary school using funds received under this part for a dual or concurrent enrollment program described in paragraph (1) may use such funds for any of the costs associated with such program, including the costs of—
(A) training for teachers, and joint professional development for teachers in collaboration with career and technical educators and educators from institutions of higher education, where appropriate, for the purpose of integrating rigorous academics in such program;
(B) tuition and fees, books, required instructional materials for such program, and innovative delivery methods; and
(C) transportation to and from such program.
(3) Rule of construction Nothing in this subsection shall be construed to impose on any State any requirement or rule regarding dual or concurrent enrollment programs that is inconsistent with State law.
(Pub. L. 89–10, title I, § 1114, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1471; amended Pub. L. 109–270, § 2(f)(3), Aug. 12, 2006, 120 Stat. 747; Pub. L. 114–95, title I, § 1008, Dec. 10, 2015, 129 Stat. 1862.)
## Notes
Editorial Notes
References in TextThe Individuals with Disabilities Education Act, referred to in subsecs. (a)(3)(A) and (b)(7)(A)(iii)(III), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.
Prior ProvisionsA prior section 6314, Pub. L. 89–10, title I, § 1114, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3534; amended Pub. L. 105–332, § 3(c)(1), Oct. 31, 1998, 112 Stat. 3125, related to schoolwide programs, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a). Pub. L. 114–95, § 1008(1), added subsec. (a) and struck out former subsec. (a) which consisted of pars. (1) to (4) relating to general use of funds for schoolwide programs, nonidentification of students, exemption from statutory and regulatory requirements, and professional development. Subsec. (b). Pub. L. 114–95, § 1008(2), added subsec. (b) and struck out former subsec. (b) which consisted of pars. (1) and (2) relating to components of a schoolwide program and development of plan. Subsecs. (c) to (e). Pub. L. 114–95, § 1008(3), added subsecs. (c) to (e) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “A school that is eligible for a schoolwide program under this section may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of 6, such as Even Start programs or Early Reading First programs.” 2006—Subsec. (b)(2)(B)(v). Pub. L. 109–270 substituted “the Carl D. Perkins Career and Technical Education Act of 2006” for “Carl D. Perkins Vocational and Technical Education Act of 1998”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6315 - Targeted assistance schools
## Text
(a) In general In all schools selected to receive funds under section 6313(c) of this title that are ineligible for a schoolwide program under section 6314 of this title, have not received a waiver under section 6314(a)(1)(B) of this title to operate such a schoolwide program, or choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subsection (c) identified as having the greatest need for special assistance.
(b) Targeted assistance school program To assist targeted assistance schools and local educational agencies to meet their responsibility to provide for all their students served under this part the opportunity to meet the challenging State academic standards, each targeted assistance program under this section shall—
(1) determine which students will be served;
(2) serve participating students identified as eligible children under subsection (c), including by—
(A) using resources under this part to help eligible children meet the challenging State academic standards, which may include programs, activities, and academic courses necessary to provide a well-rounded education;
(B) using methods and instructional strategies to strengthen the academic program of the school through activities, which may include—
(i) expanded learning time, before- and after-school programs, and summer programs and opportunities; and
(ii) a schoolwide tiered model to prevent and address behavior problems, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(C) coordinating with and supporting the regular education program, which may include services to assist preschool children in the transition from early childhood education programs such as Head Start, the literacy program under subpart 2 of part B of subchapter II, or State-run preschool programs to elementary school programs;
(D) providing professional development with resources provided under this part, and, to the extent practicable, from other sources, to teachers, principals, other school leaders, paraprofessionals, and, if appropriate, specialized instructional support personnel, and other school personnel who work with eligible children in programs under this section or in the regular education program;
(E) implementing strategies to increase the involvement of parents of eligible children in accordance with section 6318 of this title; and 11 So in original. The word “and” probably should not appear.
(F) if appropriate and applicable, coordinating and integrating Federal, State, and local services and programs, such as programs supported under this chapter, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d) of this title; and
(G) provide 22 So in original. Probably should be “providing”. to the local educational agency assurances that the school will—
(i) help provide an accelerated, high-quality curriculum;
(ii) minimize the removal of children from the regular classroom during regular school hours for instruction provided under this part; and
(iii) on an ongoing basis, review the progress of eligible children and revise the targeted assistance program under this section, if necessary, to provide additional assistance to enable such children to meet the challenging State academic standards.
(c) Eligible children (1) Eligible population (A) In general The eligible population for services under this section is—
(i) children not older than age 21 who are entitled to a free public education through grade 12; and
(ii) children who are not yet at a grade level at which the local educational agency provides a free public education.
(B) Eligible children from eligible population From the population described in subparagraph (A), eligible children are children identified by the school as failing, or most at risk of failing, to meet the challenging State academic standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade 2 shall be selected solely on the basis of criteria, including objective criteria, established by the local educational agency and supplemented by the school.
(2) Children included (A) In general Children who are economically disadvantaged, children with disabilities, migrant children or English learners, are eligible for services under this part on the same basis as other children selected to receive services under this part.
(B) Head Start and preschool children A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, the literacy program under subpart 2 of part B of subchapter II, or in preschool services under this subchapter, is eligible for services under this part.
(C) Migrant children A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this part.
(D) Neglected or delinquent children A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this part.
(E) Homeless children A child who is homeless and attending any school served by the local educational agency is eligible for services under this part.
(3) Special rule Funds received under this part may not be used to provide services that are otherwise required by law to be made available to children described in paragraph (2) but may be used to coordinate or supplement such services.
(d) Integration of professional development To promote the integration of staff supported with funds under this part into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this part may—
(1) participate in general professional development and school planning activities; and
(2) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school.
(e) Special rules (1) Simultaneous service Nothing in this section shall be construed to prohibit a school from serving students under this section simultaneously with students with similar educational needs, in the same educational settings where appropriate.
(2) Comprehensive services If—
(A) health, nutrition, and other social services are not otherwise available to eligible children in a targeted assistance school and such school, if appropriate, has engaged in a comprehensive needs assessment and established a collaborative partnership with local service providers; and
(B) funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this part may be used as a last resort to provide such services, including—
(i) the provision of basic medical equipment, such as eyeglasses and hearing aids;
(ii) compensation of a coordinator;
(iii) family support and engagement services;
(iv) integrated student supports; and
(v) professional development necessary to assist teachers, specialized instructional support personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children.
(f) Use of funds for dual or concurrent enrollment programs A secondary school operating a targeted assistance program under this section may use funds received under this part to provide dual or concurrent enrollment program services described under section 6314(e) of this title to eligible children under subsection (c)(1)(B) who are identified as having the greatest need for special assistance.
(g) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to submit the results of a comprehensive needs assessment or plan under section 6314(b) of this title, or a program described in subsection (b), for review or approval by the Secretary.
(h) Delivery of services The services of a targeted assistance program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement.
(Pub. L. 89–10, title I, § 1115, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1475; amended Pub. L. 114–95, title I, § 1009, Dec. 10, 2015, 129 Stat. 1865.)
## Notes
Editorial Notes
References in TextThe Individuals with Disabilities Education Act, referred to in subsec. (b)(2)(B)(ii), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.
Prior ProvisionsA prior section 6315, Pub. L. 89–10, title I, § 1115, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3539, related to targeted assistance schools, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a). Pub. L. 114–95, § 1009(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “In all schools selected to receive funds under section 6313(c) of this title that are ineligible for a schoolwide program under section 6314 of this title, or that choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subsection (b) of this section identified as having the greatest need for special assistance.” Subsec. (b). Pub. L. 114–95, § 1009(3), added subsec. (b) and struck out former subsec. (b). Prior to amendment, subsec. (b) consisted of pars. (1) and (2) relating to general components of a targeted assistance school program and coordination of resources and review and revision of program. Pub. L. 114–95, § 1009(2), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 114–95, § 1009(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (b). Subsec. (c)(1)(B). Pub. L. 114–95, § 1009(4)(A), substituted “the challenging State academic standards” for “the State’s challenging student academic achievement standards” and “criteria, including objective criteria, established by the local educational agency and supplemented by the school” for “such criteria as teacher judgment, interviews with parents, and developmentally appropriate measures”. Subsec. (c)(2)(A). Pub. L. 114–95, § 1009(4)(B)(i), substituted “English learners” for “limited English proficient children”. Subsec. (c)(2)(B). Pub. L. 114–95, § 1009(4)(B)(ii), in heading, substituted “Head Start and preschool children” for “Head Start, Even Start, or Early Reading First children” and, in text, substituted “Head Start program, the literacy program under subpart 2 of part B of subchapter II,” for “Head Start, Even Start, or Early Reading First program,”. Subsec. (c)(2)(C). Pub. L. 114–95, § 1009(4)(B)(iii), substituted “Migrant children” for “Part C children” in heading. Subsec. (e)(2)(B)(iii) to (v). Pub. L. 114–95, § 1009(5)(A), added cls. (iii) and (iv), redesignated former cl. (iii) as (v), and, in cl. (v), substituted “specialized instructional support” for “pupil services”. Subsec. (e)(3). Pub. L. 114–95, § 1009(5)(B), struck out par. (3). Text read as follows: “Each school receiving funds under this part for any fiscal year shall devote sufficient resources to carry out effectively the professional development activities described in subparagraph (F) of subsection (c)(1) of this section in accordance with section 6319 of this title for such fiscal year, and a school may enter into a consortium with another school to carry out such activities.” Subsecs. (f) to (h). Pub. L. 114–95, § 1009(6), added subsecs. (f) to (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6319 - Repealed. Pub. L. 114–95, title I, § 1000(1), Dec. 10, 2015, 129 Stat. 1814
## Notes
Section, Pub. L. 89–10, title I, § 1119, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1505, related to qualifications for teachers and paraprofessionals.
A prior section 6319, Pub. L. 89–10, title I, § 1118, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3550, related to parental involvement, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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title: "20 U.S.C. § 6320"
description: "Participation of children enrolled in private schools"
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citation: "20 U.S.C. § 6320"
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# 20 U.S.C. § 6320 - Participation of children enrolled in private schools
## Text
(a) General requirement (1) In general To the extent consistent with the number of eligible children identified under section 6315(c) of this title in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall—
(A) after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis and individually or in combination, as requested by the officials to best meet the needs of such children, special educational services, instructional services (including evaluations to determine the progress being made in meeting such students’ academic needs), counseling, mentoring, one-on-one tutoring, or other benefits under this part (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs; and
(B) ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to section 6318 of this title.
(2) Secular, neutral, nonideological Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and nonideological.
(3) Equity (A) In general Educational services and other benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this part, and shall be provided in a timely manner.
(B) Ombudsman To help ensure such equity for such private school children, teachers, and other educational personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this part.
(4) Expenditures (A) Determination (i) In general Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools.
(ii) Proportional share The proportional share of funds shall be determined based on the total amount of funds received by the local educational agency under this part prior to any allowable expenditures or transfers by the local educational agency.
(B) Obligation of funds Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency.
(C) Notice of allocation Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this part that the local educational agencies have determined are available for eligible private school children.
(D) Term of determination The local educational agency may determine the equitable share under subparagraph (A) each year or every 2 years.
(5) Provision of services The local educational agency, or, in a case described in subsection (b)(6)(C), the State educational agency involved, may provide services under this section directly or through contracts with public and private agencies, organizations, and institutions.
(b) Consultation (1) In general To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development of such agency’s programs under this part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation on issues such as—
(A) how the children’s needs will be identified;
(B) what services will be offered;
(C) how, where, and by whom the services will be provided;
(D) how the services will be academically assessed and how the results of that assessment will be used to improve those services;
(E) the size and scope of the equitable services to be provided to the eligible private school children, the proportion of funds that is allocated under subsection (a)(4)(A) for such services, and how that proportion of funds is determined;
(F) the method or sources of data that are used under subsection (c) and section 6313(c)(1) of this title to determine the number of children from low-income families in participating school attendance areas who attend private schools;
(G) how and when the agency will make decisions about the delivery of services to such children, including a thorough consideration and analysis of the views of the private school officials on the provision of services through a contract with potential third-party providers;
(H) how, if the agency disagrees with the views of the private school officials on the provision of services through a contract, the local educational agency will provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to use a contractor;
(I) whether the agency shall provide services directly or through a separate government agency, consortium, entity, or third-party contractor;
(J) whether to provide equitable services to eligible private school children—
(i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(A) based on all the children from low-income families in a participating school attendance area who attend private schools; or
(ii) in the agency’s participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(A) based on the number of children from low-income families who attend private schools;
(K) when, including the approximate time of day, services will be provided; and
(L) whether to consolidate and use funds provided under subsection (a)(4) in coordination with eligible funds available for services to private school children under applicable programs, as defined in section 7881(b)(1) of this title 11 So in original. A comma probably should appear. to provide services to eligible private school children participating in programs.
(2) Disagreement If a local educational agency disagrees with the views of private school officials with respect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials the reasons why the local educational agency disagrees.
(3) Timing Such consultation shall include meetings of agency and private school officials and shall occur before the local educational agency makes any decision that affects the opportunities of eligible private school children to participate in programs under this part. Such meetings shall continue throughout implementation and assessment of services provided under this section.
(4) Discussion Such consultation shall include a discussion of service delivery mechanisms a local educational agency can use to provide equitable services to eligible private school children.
(5) Documentation Each local educational agency shall maintain in the agency’s records and provide to the State educational agency involved a written affirmation signed by officials of each participating private school that the meaningful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials to indicate such officials’ belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials do not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation that such consultation has, or attempts at such consultation have, taken place to the State educational agency.
(6) Compliance (A) In general A private school official shall have the right to file a complaint with the State educational agency asserting that the local educational agency did not engage in consultation that was meaningful and timely, did not give due consideration to the views of the private school official, or did not make a decision that treats the private school students equitably as required by this section.
(B) Procedure If the private school official wishes to file a complaint, the official shall provide the basis of the noncompliance with this section by the local educational agency to the State educational agency, and the local educational agency shall forward the appropriate documentation to the State educational agency.
(C) State educational agencies A State educational agency shall provide services under this section directly or through contracts with public or private agencies, organizations, or institutions, if the appropriate private school officials have—
(i) requested that the State educational agency provide such services directly; and
(ii) demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency.
(c) Allocation for equitable service to private school students (1) Calculation A local educational agency shall have the final authority, consistent with this section, to calculate the number of children, ages 5 through 17, who are from low-income families and attend private schools by—
(A) using the same measure of low income used to count public school children;
(B) using the results of a survey that, to the extent possible, protects the identity of families of private school students, and allowing such survey results to be extrapolated if complete actual data are unavailable;
(C) applying the low-income percentage of each participating public school attendance area, determined pursuant to this section, to the number of private school children who reside in that school attendance area; or
(D) using an equated measure of low income correlated with the measure of low income used to count public school children.
(2) Complaint process Any dispute regarding low-income data for private school students shall be subject to the complaint process authorized in section 7883 of this title.
(d) Public control of funds (1) In general The control of funds provided under this part, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property.
(2) Provision of services (A) Provider The provision of services under this section shall be provided—
(i) by employees of a public agency; or
(ii) through contract by such public agency with an individual, association, agency, or organization.
(B) Requirement In the provision of such services, such employee, individual, association, agency, or organization shall be independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency.
(e) Standards for a bypass If a local educational agency is prohibited by law from providing for the participation in programs on an equitable basis of eligible children enrolled in private elementary schools and secondary schools, or if the Secretary determines that a local educational agency has substantially failed or is unwilling, to provide for such participation, as required by this section, the Secretary shall—
(1) waive the requirements of this section for such local educational agency;
(2) arrange for the provision of services to such children through arrangements that shall be subject to the requirements of this section and sections 7883 and 7884 of this title; and
(3) in making the determination under this subsection, consider one or more factors, including the quality, size, scope, and location of the program and the opportunity of eligible children to participate.
(Pub. L. 89–10, title I, § 1117, formerly § 1120, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1508; renumbered § 1117 and amended Pub. L. 114–95, title I, §§ 1000(3), 1011, Dec. 10, 2015, 129 Stat. 1814, 1871.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6320, Pub. L. 89–10, title I, § 1119, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3555, related to professional development, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1117 of Pub. L. 89–10 was classified to section 6317 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1117 of Pub. L. 89–10 was classified to section 6318 of this title prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a)(1). Pub. L. 114–95, § 1011(1)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “To the extent consistent with the number of eligible children identified under section 6315(b) of this title in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall, after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis, special educational services or other benefits under this part (such as dual enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs, and shall ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to sections 6318 and 6319 of this title.” Subsec. (a)(3). Pub. L. 114–95, § 1011(1)(B), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “Educational services and other benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this part, and shall be provided in a timely manner.” Subsec. (a)(4). Pub. L. 114–95, § 1011(1)(C), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools, which the local educational agency may determine each year or every 2 years.” Subsec. (a)(5). Pub. L. 114–95, § 1011(1)(D), inserted “, or, in a case described in subsection (b)(6)(C), the State educational agency involved,” after “local educational agency”. Subsec. (b)(1). Pub. L. 114–95, § 1011(2)(A)(i), in introductory provisions, substituted “part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation on issues such as—” for “part, on issues such as—”. Subsec. (b)(1)(E). Pub. L. 114–95, § 1011(2)(A)(ii), struck out “and” before “the proportion of funds”, substituted “(a)(4)(A)” for “(a)(4)”, and inserted “, and how that proportion of funds is determined” before semicolon at end. Subsec. (b)(1)(I) to (L). Pub. L. 114–95, § 1011(2)(A)(iii)–(v), added subpars. (I) to (L). Subsec. (b)(2) to (4). Pub. L. 114–95, § 1011(2)(B), (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5). Subsec. (b)(5). Pub. L. 114–95, § 1011(2)(B), (D), redesignated par. (4) as (5), inserted “meaningful” before “consultation” in first sentence, inserted second sentence, and substituted “such consultation has, or attempts at such consultation have, taken place” for “such consultation has taken place” in last sentence. Former par. (5) redesignated (6). Subsec. (b)(6). Pub. L. 114–95, § 1011(2)(B), redesignated par. (5) as (6). Subsec. (b)(6)(A). Pub. L. 114–95, § 1011(2)(E)(i), substituted “right to file a complaint with” for “right to complain to”, inserted “asserting” after “State educational agency”, struck out “or” before “did not give due consideration”, and inserted “, or did not make a decision that treats the private school students equitably as required by this section” before period at end. Subsec. (b)(6)(B). Pub. L. 114–95, § 1011(2)(E)(ii), substituted “wishes to file a complaint,” for “wishes to complain,”. Subsec. (b)(6)(C). Pub. L. 114–95, § 1011(2)(E)(iii), added subpar. (C). Subsec. (c)(2). Pub. L. 114–95, § 1011(3), made technical amendment to reference in original act which appears in text as reference to section 7883 of this title. Subsec. (e)(2). Pub. L. 114–95, § 1011(4), made technical amendment to reference in original act which appears in text as reference to sections 7883 and 7884 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6321 - Fiscal requirements
## Text
(a) Maintenance of effort A local educational agency may receive funds under this part for any fiscal year only if the State educational agency involved finds that the local educational agency has maintained the agency’s fiscal effort in accordance with section 7901 of this title.
(b) Federal funds to supplement, not supplant, non-Federal funds (1) In general A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds.
(2) Compliance To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part.
(3) Special rule No local educational agency shall be required to—
(A) identify that an individual cost or service supported under this part is supplemental; or
(B) provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1).
(4) Prohibition Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assistance under this part.
(5) Timeline A local educational agency—
(A) shall meet the compliance requirement under paragraph (2) not later than 2 years after December 10, 2015; and
(B) may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before December 10, 2015.
(c) Comparability of services (1) In general (A) Comparable services Except as provided in paragraphs (4) and (5), a local educational agency may receive funds under this part only if State and local funds will be used in schools served under this part to provide services that, taken as a whole, are at least comparable to services in schools that are not receiving funds under this part.
(B) Substantially comparable services If the local educational agency is serving all of such agency’s schools under this part, such agency may receive funds under this part only if such agency will use State and local funds to provide services that, taken as a whole, are substantially comparable in each school.
(C) Basis A local educational agency may meet the requirements of subparagraphs (A) and (B) on a grade-span by grade-span basis or a school-by-school basis.
(2) Written assurance (A) Equivalence A local educational agency shall be considered to have met the requirements of paragraph (1) if such agency has filed with the State educational agency a written assurance that such agency has established and implemented—
(i) a local educational agency-wide salary schedule;
(ii) a policy to ensure equivalence among schools in teachers, administrators, and other staff; and
(iii) a policy to ensure equivalence among schools in the provision of curriculum materials and instructional supplies.
(B) Determinations For the purpose of this subsection, in the determination of expenditures per pupil from State and local funds, or instructional salaries per pupil from State and local funds, staff salary differentials for years of employment shall not be included in such determinations.
(C) Exclusions A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining comparability of services under this subsection.
(3) Procedures and records Each local educational agency assisted under this part shall—
(A) develop procedures for compliance with this subsection; and
(B) maintain records that are updated biennially documenting such agency’s compliance with this subsection.
(4) Inapplicability This subsection shall not apply to a local educational agency that does not have more than one building for each grade span.
(5) Compliance For the purpose of determining compliance with paragraph (1), a local educational agency may exclude State and local funds expended for—
(A) language instruction educational programs; and
(B) the excess costs of providing services to children with disabilities as determined by the local educational agency.
(d) Exclusion of funds For the purpose of complying with subsections (b) and (c), a State educational agency or local educational agency may exclude supplemental State or local funds expended in any school attendance area or school for programs that meet the intent and purposes of this part.
(Pub. L. 89–10, title I, § 1118, formerly § 1120A, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1511; renumbered § 1118 and amended Pub. L. 114–95, title I, §§ 1000(4), 1012, Dec. 10, 2015, 129 Stat. 1814, 1874.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6321, Pub. L. 89–10, title I, § 1120, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3557, related to participation of children enrolled in private schools, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1118 of Pub. L. 89–10 was renumbered section 1116 and is classified to section 6318 of this title. Another prior section 1118 of Pub. L. 89–10 was classified to section 6319 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a). Pub. L. 114–95, § 1012(1), made technical amendment to reference in original act which appears in text as reference to section 7901 of this title. Subsec. (b). Pub. L. 114–95, § 1012(2), added subsec. (b) and struck out former subsec. (b) which consisted of pars. (1) and (2) relating to general use of funds only to supplement and not to supplant non-Federal funds and special rule that no local educational agency be required to provide services through a particular instructional method or in a particular instructional setting.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6322 - Coordination requirements
## Text
(a) In general Each local educational agency receiving assistance under this part shall carry out the activities described in subsection (b) with Head Start agencies and, if feasible, other entities carrying out early childhood development programs. Each local educational agency shall develop agreements with such Head Start agencies and other entities to carry out such activities.
(b) Activities The activities referred to in subsection (a) are activities that increase coordination between the local educational agency and a Head Start agency and, if feasible, other entities carrying out early childhood education programs serving children who will attend the schools of the local educational agency, including—
(1) developing and implementing a systematic procedure for receiving records regarding such children, transferred with parental consent from a Head Start program or, where applicable, another early childhood education program;
(2) establishing channels of communication between school staff and their counterparts (including teachers, social workers, and health staff) in such Head Start agencies or other entities carrying out early childhood education programs, as appropriate, to facilitate coordination of programs;
(3) conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start teachers or, if appropriate, teachers from other early childhood education programs, to discuss the developmental and other needs of individual children;
(4) organizing and participating in joint transition-related training of school staff, Head Start program staff, and, where appropriate, other early childhood education program staff; and
(5) linking the educational services provided by such local educational agency with the services provided by local Head Start agencies.
(c) Coordination of regulations The Secretary shall work with the Secretary of Health and Human Services to coordinate regulations promulgated under this part with regulations promulgated under the Head Start Act [42 U.S.C. 9831 et seq.].
(Pub. L. 89–10, title I, § 1119, formerly § 1120B, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1512; renumbered § 1119 and amended Pub. L. 114–95, title I, §§ 1000(5), 1013, Dec. 10, 2015, 129 Stat. 1814, 1875.)
## Notes
Editorial Notes
References in TextThe Head Start Act, referred to in subsec. (c), is subchapter B (§§ 635–657) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables.
Prior ProvisionsA prior section 6322, Pub. L. 89–10, title I, § 1120A, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3559; amended Pub. L. 104–134, title I, § 101(b) [title II, § 2754], Apr. 26, 1996, 110 Stat. 1321–77, 1321–150; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to fiscal requirements, prior to the general amendment of this subchapter by Pub. L. 107–110. See section 6321 of this title. A prior section 1119 of Pub. L. 89–10 was classified to section 6319 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1119 of Pub. L. 89–10 was classified to section 6320 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 6323, Pub. L. 89–10, title I, § 1120B, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3560, related to coordination requirements, prior to its omission in the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a). Pub. L. 114–95, § 1013(1), struck out “such as the Early Reading First program” after “early childhood development programs” and inserted at end “Each local educational agency shall develop agreements with such Head Start agencies and other entities to carry out such activities.” Subsec. (b). Pub. L. 114–95, § 1013(2)(A), substituted “early childhood education programs” for “early childhood development programs, such as the Early Reading First program,” in introductory provisions. Subsec. (b)(1). Pub. L. 114–95, § 1013(2)(B), substituted “early childhood education program” for “early childhood development program such as the Early Reading First program”. Subsec. (b)(2), (3). Pub. L. 114–95, § 1013(2)(C), (D), substituted “early childhood education programs” for “early childhood development programs such as the Early Reading First program”. Subsec. (b)(4). Pub. L. 114–95, § 1013(2)(E), struck out “Early Reading First program staff,” after “Head Start program staff,” and substituted “early childhood education program staff” for “early childhood development program staff”. Subsec. (b)(5). Pub. L. 114–95, § 1013(2)(F), struck out “and entities carrying out Early Reading First programs” after “Head Start agencies”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6331 - Grants for the outlying areas and the Secretary of the Interior
## Text
(a) Reservation of funds Subject to subsection (e), from the amount appropriated for payments to States for any fiscal year under section 6302(a) of this title, the Secretary shall—
(1) reserve 0.4 percent to provide assistance to the outlying areas in accordance with subsection (b); and
(2) reserve 0.7 percent to provide assistance to the Secretary of the Interior in accordance with subsection (d).
(b) Assistance to outlying areas (1) Funds reserved From the amount made available for any fiscal year under subsection (a)(1), the Secretary shall—
(A) first reserve $1,000,000 for the Republic of Palau, subject to such terms and conditions as the Secretary may establish, except that Public Law 95–134, permitting the consolidation of grants, shall not apply; and
(B) use the remaining funds to award grants to the outlying areas in accordance with paragraphs (2) through (5).
(2) Amount of grants The Secretary shall allocate the amount available under paragraph (1)(B) to the outlying areas in proportion to their relative numbers of children, aged 5 to 17, inclusive, from families below the poverty level, on the basis of the most recent satisfactory data available from the Department of Commerce.
(3) Hold-harmless amounts For each fiscal year, the amount made available to each outlying area under this subsection shall be—
(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted under paragraph (2) is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the outlying area;
(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent.
(4) Ratable reductions If the amount made available under paragraph (1)(B) for any fiscal year is insufficient to pay the full amounts that the outlying areas are eligible to receive under paragraphs (2) and (3) for that fiscal year, the Secretary shall ratably reduce those amounts.
(5) Uses Grant funds awarded under paragraph (1)(A) may be used only—
(A) for programs described in this chapter, including teacher training, curriculum development, instructional materials, or general school improvement and reform; and
(B) to provide direct educational services that assist all students with meeting the challenging State academic standards.
(c) Definitions For the purpose of this section, the term “outlying area” means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(d) Allotment to the Secretary of the Interior (1) In general The amount allotted for payments to the Secretary of the Interior under subsection (a)(2) for any fiscal year shall be used, in accordance with such criteria as the Secretary may establish, to meet the unique educational needs of—
(A) Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and
(B) out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior.
(2) Payments From the amount allotted for payments to the Secretary of the Interior under subsection (a)(2), the Secretary of the Interior shall make payments to local educational agencies, on such terms as the Secretary determines will best carry out the purposes of this part, with respect to out-of-State Indian children described in paragraph (1). The amount of such payment may not exceed, for each such child, the greater of—
(A) 40 percent of the average per-pupil expenditure in the State in which the agency is located; or
(B) 48 percent of such expenditure in the United States.
(e) Limitation on applicability If, by reason of the application of subsection (a) for any fiscal year, the total amount available for allocation to all States under this part would be less than the amount allocated to all States for fiscal year 2016 under this part, the Secretary shall provide assistance to the outlying areas and the Secretary of the Interior in accordance with this section, as in effect on the day before December 10, 2015.
(Pub. L. 89–10, title I, § 1121, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1513; amended Pub. L. 114–95, title I, § 1014, Dec. 10, 2015, 129 Stat. 1876; Pub. L. 118–42, div. G, title II, § 209(b)(4)(A), Mar. 9, 2024, 138 Stat. 443.)
## Notes
Editorial Notes
References in TextPublic Law 95–134, referred to in subsec. (b)(1)(A), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159. Provisions relating to consolidation of grants are contained in section 501 of Pub. L. 95–134 which is classified to section 1469a of Title 48, Territories and Insular Possessions.
Prior ProvisionsA prior section 6331, Pub. L. 89–10, title I, § 1121, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3561, related to grants for outlying areas and the Secretary of the Interior, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2024—Subsec. (b)(1)(A). Pub. L. 118–42 added subpar. (A) and struck out former subpar. (A) which read as follows: “first reserve $1,000,000 for the Republic of Palau, until Palau enters into an agreement for extension of United States educational assistance under the Compact of Free Association, and subject to such terms and conditions as the Secretary may establish, except that Public Law 95–134, permitting the consolidation of grants, shall not apply; and”. 2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to reservation of one percent of funds for assistance to outlying areas and the Secretary of the Interior, grants to outlying areas, definitions, and allotment to the Secretary of the Interior to meet special educational needs of Indian children.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6332 - Allocations to States
## Text
(a) Allocation formula Of the amount appropriated under section 6302(a) of this title to carry out this part for each of fiscal years 2017–2020 (referred to in this subsection as the current fiscal year)—
(1) an amount equal to the amount made available to carry out section 6333 of this title for fiscal year 2001 shall be allocated in accordance with section 6333 of this title;
(2) an amount equal to the amount made available to carry out section 6334 of this title for fiscal year 2001 shall be allocated in accordance with section 6334 of this title; and
(3) an amount equal to 100 percent of the amount, if any, by which the total amount made available under this subsection for the current fiscal year for which the determination is made exceeds the total amount available to carry out sections 6333 and 6334 of this title for fiscal year 2001 shall be used to carry out sections 6335 and 6337 of this title and such amount shall be divided equally between sections 6335 and 6337 of this title.
(b) Adjustments where necessitated by appropriations (1) In general If the sums available under this subpart for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under sections 6333, 6334, and 6335 of this title for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to subsections (c) and (d) of this section.
(2) Additional funds If additional funds become available for making payments under sections 6333, 6334, and 6335 of this title for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced.
(c) Hold-harmless amounts (1) Amounts for sections 6333, 6334, and 6335 For each fiscal year, the amount made available to each local educational agency under each of sections 6333, 6334, and 6335 of this title shall be—
(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted for grants under section 6333 of this title is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency;
(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent.
(2) Payments If sufficient funds are appropriated, the amounts described in paragraph (1) shall be paid to all local educational agencies that received grants under section 6334 of this title for the preceding fiscal year, regardless of whether the local educational agency meets the minimum eligibility criteria for that fiscal year described in section 6334(a)(1)(A) of this title except that a local educational agency that does not meet such minimum eligibility criteria for 4 consecutive years shall no longer be eligible to receive a hold harmless amount referred to in paragraph (1).
(3) Applicability Notwithstanding any other provision of law, the Secretary shall not take into consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized under this part.
(4) Population data For any fiscal year for which the Secretary calculates grants on the basis of population data for counties, the Secretary shall apply the hold-harmless percentages in paragraphs (1) and (2) to counties and, if the Secretary’s allocation for a county is not sufficient to meet the hold-harmless requirements of this subsection for every local educational agency within that county, the State educational agency shall reallocate funds proportionately from all other local educational agencies in the State that are receiving funds in excess of the hold-harmless amounts specified in this subsection.
(d) Ratable reductions (1) In general If the sums made available under this subpart for any fiscal year are insufficient to pay the full amounts that local educational agencies in all States are eligible to receive under subsection (c) for such year, the Secretary shall ratably reduce such amounts for such year.
(2) Additional funds If additional funds become available for making payments under subsection (c) for such fiscal year, amounts that were reduced under paragraph (1) shall be increased on the same basis as such amounts were reduced.
(e) Definition For the purpose of this section and sections 6333, 6334, 6335, and 6337 of this title, the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 89–10, title I, § 1122, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1515; amended Pub. L. 114–95, title I, § 1015, Dec. 10, 2015, 129 Stat. 1878.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6332, Pub. L. 89–10, title I, § 1122, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3562, related to allocations to States, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a). Pub. L. 114–95, § 1015(1), substituted “2017–2020” for “2002–2007” in introductory provisions. Subsec. (a)(3). Pub. L. 114–95, § 1015(2), added par. (3) and struck out former par. (3) which read as follows: “an amount equal to 100 percent of the amount, if any, by which the amount made available to carry out sections 6333, 6334, and 6335 of this title for the current fiscal year for which the determination is made exceeds the amount available to carry out sections 6333 and 6334 of this title for fiscal year 2001 shall be allocated in accordance with section 6335 of this title.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6333 - Basic grants to local educational agencies
## Text
(a) Amount of grants (1) Grants for local educational agencies and Puerto Rico Except as provided in paragraph (4) and in section 6338 of this title, the grant that a local educational agency is eligible to receive under this section for a fiscal year is the amount determined by multiplying—
(A) the number of children counted under subsection (c); and
(B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States.
(2) Calculation of grants (A) Allocations to local educational agencies The Secretary shall calculate grants under this section on the basis of the number of children counted under subsection (c) for local educational agencies, unless the Secretary and the Secretary of Commerce determine that some or all of those data are unreliable or that their use would be otherwise inappropriate, in which case—
(i) the two Secretaries shall publicly disclose the reasons for their determination in detail; and
(ii) paragraph (3) shall apply.
(B) Allocations to large and small local educational agencies (i) For any fiscal year to which this paragraph applies, the Secretary shall calculate grants under this section for each local educational agency.
(ii) The amount of a grant under this section for each large local educational agency shall be the amount determined under clause (i).
(iii) For small local educational agencies, the State educational agency may either—
(I) distribute grants under this section in amounts determined by the Secretary under clause (i); or
(II) use an alternative method approved by the Secretary to distribute the portion of the State’s total grants under this section that is based on those small agencies.
(iv) An alternative method under clause (iii)(II) shall be based on population data that the State educational agency determines best reflect the current distribution of children in poor families among the State’s small local educational agencies that meet the eligibility criteria of subsection (b).
(v) If a small local educational agency is dissatisfied with the determination of its grant by the State educational agency under clause (iii)(II), it may appeal that determination to the Secretary, who shall respond not later than 45 days after receipt of such appeal.
(vi) As used in this subparagraph—
(I) the term “large local educational agency” means a local educational agency serving an area with a total population of 20,000 or more; and
(II) the term “small local educational agency” means a local educational agency serving an area with a total population of less than 20,000.
(3) Allocations to counties (A) Calculation For any fiscal year to which this paragraph applies, the Secretary shall calculate grants under this section on the basis of the number of children counted under subsection (c) for counties, and State educational agencies shall suballocate county amounts to local educational agencies, in accordance with regulations issued by the Secretary.
(B) Direct allocations In any State in which a large number of local educational agencies overlap county boundaries, or for which the State believes it has data that would better target funds than allocating them by county, the State educational agency may apply to the Secretary for authority to make the allocations under this subpart for a particular fiscal year directly to local educational agencies without regard to counties.
(C) Allocations to local educational agencies If the Secretary approves the State educational agency’s application under subparagraph (B), the State educational agency shall provide the Secretary an assurance that such allocations shall be made—
(i) using precisely the same factors for determining a grant as are used under this subpart; or
(ii) using data that the State educational agency submits to the Secretary for approval that more accurately target poverty.
(D) Appeal The State educational agency shall provide the Secretary an assurance that it will establish a procedure through which a local educational agency that is dissatisfied with its determinations under subparagraph (B) may appeal directly to the Secretary for a final determination.
(4) Puerto Rico (A) In general For each fiscal year, the grant that the Commonwealth of Puerto Rico shall be eligible to receive under this section shall be the amount determined by multiplying the number of children counted under subsection (c) for the Commonwealth of Puerto Rico by the product of—
(i) subject to subparagraph (B), the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States; and
(ii) 32 percent of the average per-pupil expenditure in the United States.
(B) Minimum percentage The percentage in subparagraph (A)(i) shall not be less than—
(i) for fiscal year 2002, 77.5 percent;
(ii) for fiscal year 2003, 80.0 percent;
(iii) for fiscal year 2004, 82.5 percent;
(iv) for fiscal year 2005, 85.0 percent;
(v) for fiscal year 2006, 92.5 percent; and
(vi) for fiscal year 2007 and succeeding fiscal years, 100.0 percent.
(C) Limitation If the application of subparagraph (B) would result in any of the 50 States or the District of Columbia receiving less under this subpart than it received under this subpart for the preceding fiscal year, the percentage in subparagraph (A) shall be the greater of—
(i) the percentage in subparagraph (A)(i);
(ii) the percentage specified in subparagraph (B) for the preceding fiscal year; or
(iii) the percentage used for the preceding fiscal year.
(b) Minimum number of children to qualify A local educational agency is eligible for a basic grant under this section for any fiscal year only if the number of children counted under subsection (c) for that agency is both—
(1) 10 or more; and
(2) more than 2 percent of the total school-age population in the agency’s jurisdiction.
(c) Children to be counted (1) Categories of children The number of children to be counted for purposes of this section is the aggregate of—
(A) the number of children aged 5 to 17, inclusive, in the school district of the local educational agency from families below the poverty level as determined under paragraph (2);
(B) the number of children (determined under paragraph (4) for either the preceding year as described in that paragraph, or for the second preceding year, as the Secretary finds appropriate) aged 5 to 17, inclusive, in the school district of such agency in institutions for neglected and delinquent children (other than such institutions operated by the United States), but not counted pursuant to subpart 1 of part D for the purposes of a grant to a State agency, or being supported in foster homes with public funds; and
(C) the number of children aged 5 to 17, inclusive, in the school district of such agency from families above the poverty level as determined under paragraph (4).
(2) Determination of number of children For the purposes of this section, the Secretary shall determine the number of children aged 5 to 17, inclusive, from families below the poverty level on the basis of the most recent satisfactory data, described in paragraph (3), available from the Department of Commerce. The District of Columbia and the Commonwealth of Puerto Rico shall be treated as individual local educational agencies. If a local educational agency contains two or more counties in their entirety, then each county will be treated as if such county were a separate local educational agency for purposes of calculating grants under this part. The total of grants for such counties shall be allocated to such a local educational agency, which local educational agency shall distribute to schools in each county within such agency a share of the local educational agency’s total grant that is no less than the county’s share of the population counts used to calculate the local educational agency’s grant.
(3) Population updates (A) In general In fiscal year 2002 and each subsequent fiscal year, the Secretary shall use updated data on the number of children, aged 5 to 17, inclusive, from families below the poverty level for counties or local educational agencies, published by the Department of Commerce, unless the Secretary and the Secretary of Commerce determine that the use of the updated population data would be inappropriate or unreliable. If appropriate and reliable data are not available annually, the Secretary shall use data which are updated every 2 years.
(B) Inappropriate or unreliable data If the Secretary and the Secretary of Commerce determine that some or all of the data referred to in subparagraph (A) are inappropriate or unreliable, the Secretary and the Secretary of Commerce shall publicly disclose their reasons.
(C) Criteria of poverty In determining the families that are below the poverty level, the Secretary shall use the criteria of poverty used by the Bureau of the Census in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics.
(4) Other children to be counted (A) For the purpose of this section, the Secretary shall determine the number of children aged 5 to 17, inclusive, from families above the poverty level on the basis of the number of such children from families receiving an annual income, in excess of the current criteria of poverty, from payments under a State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.]; and in making such determinations, the Secretary shall use the criteria of poverty used by the Bureau of the Census in compiling the most recent decennial census for a family of four in such form as those criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics.
(B) The Secretary shall determine the number of such children and the number of children aged 5 through 17 living in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the caseload data for the month of October of the preceding fiscal year (using, in the case of children described in the preceding sentence, the criteria of poverty and the form of such criteria required by such sentence which were determined for the calendar year preceding such month of October) or, to the extent that such data are not available to the Secretary before January of the calendar year in which the Secretary’s determination is made, then on the basis of the most recent reliable data available to the Secretary at the time of such determination.
(C) Except for the data on children living in institutions for neglected or delinquent children, the Secretary of Health and Human Services shall collect and transmit the information required by this subparagraph to the Secretary not later than January 1 of each year.
(D) For the purpose of this section, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children.
(5) Estimate When requested by the Secretary, the Secretary of Commerce shall make a special updated estimate of the number of children of such ages who are from families below the poverty level (as determined under paragraph (1)(A)) in each school district, and the Secretary is authorized to pay (either in advance or by way of reimbursement) the Secretary of Commerce the cost of making this special estimate. The Secretary of Commerce shall give consideration to any request of the chief executive of a State for the collection of additional census information.
(d) State minimum Notwithstanding section 6332 of this title, the aggregate amount allotted for all local educational agencies within a State may not be less than the lesser of—
(1) 0.25 percent of the total amount allocated to States under this section for fiscal year 2001, plus 0.35 percent of the total amount allocated to States under this section in excess of the amount allocated for fiscal year 2001; or
(2) the average of—
(A) the amount calculated in paragraph (1), above; and
(B) the number of children in such State counted under subsection (c) in the fiscal year multiplied by 150 percent of the national average per-pupil payment made with funds available under this section for that year.
(Pub. L. 89–10, title I, § 1124, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1516.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (c)(4)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Prior ProvisionsA prior section 6333, Pub. L. 89–10, title I, § 1124, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3564; amended Pub. L. 104–193, title I, § 110(j)(2), Aug. 22, 1996, 110 Stat. 2172, related to basic grants to local educational agencies, prior to the general amendment of this subchapter by Pub. L. 107–110.
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# 20 U.S.C. § 6334 - Concentration grants to local educational agencies
## Text
(a) Eligibility for and amount of grants (1) In general (A) Except as otherwise provided in this paragraph, each local educational agency which is eligible for a grant under section 6333 of this title for any fiscal year is eligible for an additional grant under this section for that fiscal year if the number of children counted under section 6333(c) of this title in the agency exceeds either—
(i) 6,500; or
(ii) 15 percent of the total number of children aged 5 through 17 in the agency.
(B) Notwithstanding section 6332 of this title, no State shall receive less than the lesser of—
(i) 0.25 percent of the total amount allocated to States under this section for fiscal year 2001, plus 0.35 percent of the total amount allocated to States under this section in excess of the amount allocated for fiscal year 2001; or
(ii) the average of—
(I) the amount calculated under clause (i); and
(II) the greater of—
(aa) $340,000; or
(bb) the number of children in such State counted for purposes of this section in that fiscal year multiplied by 150 percent of the national average per-pupil payment made with funds available under this section for that year.
(2) Determination For each county or local educational agency eligible to receive an additional grant under this section for any fiscal year, the Secretary shall determine the product of—
(A) the number of children counted under section 6333(c) of this title for that fiscal year; and
(B) the amount in section 6333(a)(1)(B) of this title for each State except the Commonwealth of Puerto Rico, and the amount in section 6333(a)(4) of this title for the Commonwealth of Puerto Rico.
(3) Amount The amount of the additional grant for which an eligible local educational agency or county is eligible under this section for any fiscal year shall be an amount which bears the same ratio to the amount available to carry out this section for that fiscal year as the product determined under paragraph (2) for such local educational agency for that fiscal year bears to the sum of such products for all local educational agencies in the United States for that fiscal year.
(4) Local allocations (A) Grant amounts under this section shall be determined in accordance with section 6333(a)(2), (3), and (4) of this title.
(B) For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, a State may reserve not more than 2 percent of its allocation under this section to make grants to local educational agencies that meet the criteria of paragraph (1)(A)(i) or (ii) and are in ineligible counties that do not meet these criteria.
(b) Small States In any State for which on January 8, 2002, the number of children counted under section 6333(c) of this title is less than 0.25 percent of the number of those children counted for all States, the State educational agency shall allocate funds under this section among the local educational agencies in the State either—
(1) in accordance with paragraphs (2) and (4) of subsection (a); or
(2) based on their respective concentrations and numbers of children counted under section 6333(c) of this title, except that only those local educational agencies with concentrations or numbers of children counted under section 6333(c) of this title that exceed the statewide average percentage of such children or the statewide average number of such children shall receive any funds on the basis of this paragraph.
(Pub. L. 89–10, title I, § 1124A, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1521.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6334, Pub. L. 89–10, title I, § 1124A, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3569, related to concentration grants to local educational agencies, prior to the general amendment of this subchapter by Pub. L. 107–110.
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# 20 U.S.C. § 6335 - Targeted grants to local educational agencies
## Text
(a) Eligibility of local educational agencies (1) In general A local educational agency in a State is eligible to receive a targeted grant under this section for any fiscal year if—
(A) the number of children in the local educational agency counted under section 6333(c) of this title, before application of the weighted child count described in subsection (c), is at least 10; and
(B) if the number of children counted for grants under section 6333(c) of this title, before application of the weighted child count described in subsection (c), is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency.
(2) Special rule For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, funds made available as a result of applying this subsection shall be reallocated by the State educational agency to other eligible local educational agencies in the State in proportion to the distribution of other funds under this section.
(b) Grants for local educational agencies, the District of Columbia, and the Commonwealth of Puerto Rico (1) In general The amount of the grant that a local educational agency in a State (other than the Commonwealth of Puerto Rico) is eligible to receive under this section for any fiscal year shall be the product of—
(A) the weighted child count determined under subsection (c); and
(B) the amount determined under section 6333(a)(1)(B) of this title.
(2) Puerto Rico For each fiscal year, the amount of the grant the Commonwealth of Puerto Rico is eligible to receive under this section shall be equal to the number of children counted under subsection (c) for the Commonwealth of Puerto Rico, multiplied by the amount determined in section 6333(a)(4) of this title for the Commonwealth of Puerto Rico.
(c) Weighted child count (1) Weights for allocations to counties (A) In general For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under subparagraphs (B) and (C).
(B) By percentage of children The amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.75;
(iii) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 2.5;
(iv) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute more than 29.20 percent of such population, multiplied by 4.0.
(C) By number of children The amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 1.5;
(iii) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 2.0;
(iv) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 2.5; and
(v) the number of such children in excess of 93,811 in such population, multiplied by 3.0.
(D) Puerto Rico Notwithstanding subparagraph (A), the weighting factor for the Commonwealth of Puerto Rico under this paragraph shall not be greater than the total number of children counted under section 6333(c) of this title multiplied by 1.82.
(2) Weights for allocations to local educational agencies (A) In general For each fiscal year for which the Secretary uses local educational agency data, the weighted child count used to determine a local educational agency’s grant under this section is the larger of the two amounts determined under subparagraphs (B) and (C).
(B) By percentage of children The amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.75;
(iii) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 2.5;
(iv) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute more than 38.24 percent of such population, multiplied by 4.0.
(C) By number of children The amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5;
(iii) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.0;
(iv) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 2.5; and
(v) the number of such children in excess of 35,514 in such population, multiplied by 3.0.
(D) Puerto Rico Notwithstanding subparagraph (A), the weighting factor for the Commonwealth of Puerto Rico under this paragraph shall not be greater than the total number of children counted under section 6333(c) of this title multiplied by 1.82.
(d) Calculation of grant amounts Grant amounts under this section shall be calculated in the same manner as grant amounts are calculated under section 6333(a)(2) and (3) of this title.
(e) State minimum Notwithstanding any other provision of this section or section 6332 of this title, from the total amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of—
(1) 0.35 percent of the total amount available to carry out this section; or
(2) the average of—
(A) 0.35 percent of the total amount available to carry out this section; and
(B) 150 percent of the national average grant under this section per child described in section 6333(c) of this title, without application of a weighting factor, multiplied by the State’s total number of children described in section 6333(c) of this title, without application of a weighting factor.
(Pub. L. 89–10, title I, § 1125, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1522.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6335, Pub. L. 89–10, title I, § 1125, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3571, related to targeted grants to local educational agencies, prior to the general amendment of this subchapter by Pub. L. 107–110.
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# 20 U.S.C. § 6336 - Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001
## Text
Pursuant to section 6332 of this title, the total amount allocated in any fiscal year after fiscal year 2001 for programs and activities under this part shall not exceed the amount allocated in fiscal year 2001 for such programs and activities unless the amount available for targeted grants to local educational agencies under section 6335 of this title in the applicable fiscal year meets the requirements of section 6332(a) of this title.
(Pub. L. 89–10, title I, § 1125AA, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1525; amended Pub. L. 114–95, title I, § 1016, Dec. 10, 2015, 129 Stat. 1878.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6336, Pub. L. 89–10, title I, § 1125A, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3575, related to education finance incentive program, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Pub. L. 114–95, in section catchline, struck out “of targeted grants” after “Adequacy of funding” and, in text, struck out subsec. (a), which set forth Congressional findings, and struck out subsec. (b) designation and heading before “Pursuant”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6337 - Education finance incentive grant program
## Text
(a) Grants From funds made available under section 6332(a) of this title the Secretary is authorized to make grants to States, from allotments under subsection (b), to carry out the programs and activities of this part.
(b) Distribution based upon fiscal effort and equity (1) In general (A) In general Except as provided in subparagraph (B), funds made available for any fiscal year to carry out this section shall be allotted to each State based upon the number of children counted under section 6333(c) of this title in such State multiplied by the product of—
(i) the amount in section 6333(a)(1)(B) of this title for all States other than the Commonwealth of Puerto Rico, except that the amount determined under that subparagraph shall not be less that 34 percent or more than 46 percent of the average per pupil expenditure in the United States, and the amount in section 6333(a)(4) of this title for the Commonwealth of Puerto Rico, except that the amount in section 6333(a)(4)(A)(ii) of this title shall be 34 percent of the average per pupil expenditure in the United States; multiplied by
(ii) such State’s effort factor described in paragraph (2); multiplied by
(iii) 1.30 minus such State’s equity factor described in paragraph (3).
(B) State minimum Notwithstanding any other provision of this section or section 6332 of this title, from the total amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of—
(i) 0.35 percent of the total amount reserved under section 6332(a) of this title to carry out this section; or
(ii) the average of—
(I) 0.35 percent of the total amount available to carry out this section; and
(II) 150 percent of the national average grant under this section per child described in section 6333(c) of this title, without application of a weighting factor, multiplied by the State’s total number of children described in section 6333(c) of this title, without application of a weighting factor.
(2) Effort factor (A) In general Except as provided in subparagraph (B), the effort factor for a State shall be determined in accordance with the succeeding sentence, except that such factor shall not be less than 0.95 nor greater than 1.05. The effort factor determined under this sentence shall be a fraction the numerator of which is the product of the 3-year average per-pupil expenditure in the State multiplied by the 3-year average per capita income in the United States and the denominator of which is the product of the 3-year average per capita income in such State multiplied by the 3-year average per-pupil expenditure in the United States.
(B) Commonwealth of Puerto Rico The effort factor for the Commonwealth of Puerto Rico shall be equal to the lowest effort factor calculated under subparagraph (A) for any State.
(3) Equity factor (A) Determination (i) In general Except as provided in subparagraph (B), the Secretary shall determine the equity factor under this section for each State in accordance with clause (ii).
(ii) Computation (I) In general For each State, the Secretary shall compute a weighted coefficient of variation for the per-pupil expenditures of local educational agencies in accordance with subclauses (II), (III), and (IV).
(II) Variation In computing coefficients of variation, the Secretary shall weigh the variation between per-pupil expenditures in each local educational agency and the average per-pupil expenditures in the State according to the number of pupils served by the local educational agency.
(III) Number of pupils In determining the number of pupils under this paragraph served by each local educational agency and in each State, the Secretary shall multiply the number of children counted under section 6333(c) of this title by a factor of 1.4.
(IV) Enrollment requirement In computing coefficients of variation, the Secretary shall include only those local educational agencies with an enrollment of more than 200 students.
(B) Special rule The equity factor for a State that meets the disparity standard described in section 222.162 of title 34, Code of Federal Regulations (as such section was in effect on the day preceding January 8, 2002) or a State with only one local educational agency shall be not greater than 0.10.
(c) Use of funds; eligibility of local educational agencies All funds awarded to each State under this section shall be allocated to local educational agencies under the following provisions. Within local educational agencies, funds allocated under this section shall be distributed to schools on a basis consistent with section 6313 of this title, and may only be used to carry out activities under this part. A local educational agency in a State is eligible to receive a targeted grant under this section for any fiscal year if—
(1) the number of children in the local educational agency counted under section 6333(c) of this title, before application of the weighted child count described in paragraph (3),11 So in original. This subsec. does not contain a par. (3). is at least 10; and
(2) if the number of children counted for grants under section 6333(c) of this title, before application of the weighted child count described in paragraph (3),1 is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency.
For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, funds made available as a result of applying this subsection shall be reallocated by the State educational agency to other eligible local educational agencies in the State in proportion to the distribution of other funds under this section.
(d) Allocation of funds to eligible local educational agencies Funds received by States under this section shall be allocated within States to eligible local educational agencies on the basis of weighted child counts calculated in accordance with paragraph (1), (2), or (3), as appropriate for each State.
(1) States with an equity factor less than .10 In States with an equity factor less than .10, the weighted child counts referred to in subsection (d) shall be calculated as follows:
(A) Weights for allocations to counties (i) In general For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under clauses (ii) and (iii).
(ii) By percentage of children The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.75;
(III) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 2.5;
(IV) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 3.25; and
(V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 4.0.
(iii) By number of children The amount referred to in clause (i) is determined by adding
(I) the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 1.5;
(III) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 2.0;
(IV) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 2.5; and
(V) the number of such children in excess of 93,811 in such population, multiplied by 3.0.
(B) Weights for allocations to local educational agencies (i) In general For each fiscal year for which the Secretary uses local educational agency data, the weighted child count used to determine a local educational agency’s grant under this section is the larger of the two amounts determined under clauses (ii) and (iii).
(ii) By percentage of children The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.75;
(III) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 2.5;
(IV) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 3.25; and
(V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 4.0.
(iii) By number of children The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5;
(III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.0;
(IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 2.5; and
(V) the number of such children in excess of 35,514 in such population, multiplied by 3.0.
(2) States with an equity factor greater than or equal to .10 and less than .20 In States with an equity factor greater than or equal to .10 and less than .20, the weighted child counts referred to in subsection (d) shall be calculated as follows:
(A) Weights for allocations to counties (i) In general For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under clauses (ii) and (iii).
(ii) By percentage of children The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.5;
(III) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 3.0;
(IV) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 4.5; and
(V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 6.0.
(iii) By number of children The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 1.5;
(III) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 2.25;
(IV) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 3.375; and
(V) the number of such children in excess of 93,811 in such population, multiplied by 4.5.
(B) Weights for allocations to local educational agencies (i) In general For each fiscal year for which the Secretary uses local educational agency data, the weighted child count used to determine a local educational agency’s grant under this section is the larger of the two amounts determined under clauses (ii) and (iii).
(ii) By percentage of children The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.5;
(III) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 3.0;
(IV) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 4.5; and
(V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 6.0.
(iii) By number of children The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5;
(III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.25;
(IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 3.375; and
(V) the number of such children in excess of 35,514 in such population, multiplied by 4.5.
(3) States with an equity factor greater than or equal to .20 In States with an equity factor greater than or equal to .20, the weighted child counts referred to in subsection (d) shall be calculated as follows:
(A) Weights for allocations to counties (i) In general For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under clauses (ii) and (iii).
(ii) By percentage of children The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 2.0;
(III) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 4.0;
(IV) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 6.0; and
(V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 8.0.
(iii) By number of children The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 2.0;
(III) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 3.0;
(IV) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 4.5; and
(V) the number of such children in excess of 93,811 in such population, multiplied by 6.0.
(B) Weights for allocations to local educational agencies (i) In general For each fiscal year for which the Secretary uses local educational agency data, the weighted child count used to determine a local educational agency’s grant under this section is the larger of the two amounts determined under clauses (ii) and (iii).
(ii) By percentage of children The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 2.0;
(III) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 4.0;
(IV) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 6.0; and
(V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 8.0.
(iii) By number of children The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 2.0;
(III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 3.0;
(IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 4.5; and
(V) the number of such children in excess of 35,514 in such population, multiplied by 6.0.
(e) Maintenance of effort (1) In general A State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that the State’s fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2).
(2) Reduction in case of failure to meet (A) In general The Secretary shall reduce the amount of the allotment of funds under this section for any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years.
(B) Special rule No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years.
(3) Waiver The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to—
(A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or
(B) a precipitous decline in the financial resources of the State.
(f) Adjustments where necessitated by appropriations (1) In general If the sums available under this section for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive to carry out this section for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to paragraphs (2) and (3).
(2) Additional funds If additional funds become available for making payments under this section for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced.
(3) Hold-harmless amounts For each fiscal year, if sufficient funds are available, the amount made available to each local educational agency under this section shall be—
(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted for grants under section 6333 of this title is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency;
(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent.
(4) Applicability Notwithstanding any other provision of law, the Secretary shall not take into consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized under this part.
(Pub. L. 89–10, title I, § 1125A, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1525; amended Pub. L. 114–95, title I, § 1017, Dec. 10, 2015, 129 Stat. 1878.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6337, Pub. L. 89–10, title I, § 1126, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3577, related to special allocation procedures, prior to the general amendment of this subchapter by Pub. L. 107–110. See section 6338 of this title. A prior section 1125A of Pub. L. 89–10 was classified to section 6336 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a). Pub. L. 114–95, § 1017(1), substituted “funds made available under section 6332(a) of this title” for “funds appropriated under subsection (f) of this section”. Subsec. (b)(1)(A). Pub. L. 114–95, § 1017(2)(A), substituted “funds made available for any fiscal year to carry out this section” for “funds appropriated pursuant to subsection (f) of this section” in introductory provisions. Subsec. (b)(1)(B)(i). Pub. L. 114–95, § 1017(2)(B), substituted “the total amount reserved under section 6332(a) of this title to carry out this section” for “total appropriations”. Subsec. (c). Pub. L. 114–95, § 1017(3), redesignated pars. (A) and (B) as (1) and (2), respectively. Subsec. (d)(1)(A)(ii). Pub. L. 114–95, § 1017(4), struck out opening quotation marks before “(i)” in introductory provisions. Subsec. (e). Pub. L. 114–95, § 1017(5), added subsec. (e) and struck out former subsec. (e) which related to general rule for full allotment of funds, reduction of funds in any fiscal year where State fails to meet requirements, and equitable waiver of requirements for 1 fiscal year only. Subsec. (f). Pub. L. 114–95, § 1017(6), (7), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and for each of the 5 succeeding fiscal years.” Subsec. (f)(1). Pub. L. 114–95, § 1017(8)(A), substituted “to carry out this section” for “under this section”. Subsec. (f)(3). Pub. L. 114–95, § 1017(8)(B), substituted “shall be—” for “shall be” in introductory provisions. Subsec. (g). Pub. L. 114–95, § 1017(7), redesignated subsec. (g) as (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
type: "LegalText"
title: "20 U.S.C. § 6338"
description: "Special allocation procedures"
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title_name: "EDUCATION"
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tags: ["legal", "us-code"]
---
# 20 U.S.C. § 6338 - Special allocation procedures
## Text
(a) Allocations for neglected children (1) In general If a State educational agency determines that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children who are living in institutions for neglected children as described in section 6333(c)(1)(B) of this title, the State educational agency shall, if such agency assumes responsibility for the special educational needs of such children, receive the portion of such local educational agency’s allocation under sections 6333, 6334, 6335, and 6337 of this title that is attributable to such children.
(2) Special rule If the State educational agency does not assume such responsibility, any other State or local public agency that does assume such responsibility shall receive that portion of the local educational agency’s allocation.
(b) Allocations among local educational agencies The State educational agency may allocate the amounts of grants under sections 6333, 6334, 6335, and 6337 of this title among the affected local educational agencies—
(1) if two or more local educational agencies serve, in whole or in part, the same geographical area;
(2) if a local educational agency provides free public education for children who reside in the school district of another local educational agency; or
(3) to reflect the merger, creation, or change of boundaries of one or more local educational agencies.
(c) Reallocation If a State educational agency determines that the amount of a grant a local educational agency would receive under sections 6333, 6334, 6335, and 6337 of this title is more than such local educational agency will use, the State educational agency shall make the excess amount available to other local educational agencies in the State that need additional funds in accordance with criteria established by the State educational agency.
(Pub. L. 89–10, title I, § 1126, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6338, Pub. L. 89–10, title I, § 1127, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3577, related to carryover and waiver, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1126 of Pub. L. 89–10 was classified to section 6337 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
legal/us/code/title-20/chapter-70/section-6339.md
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---
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title: "20 U.S.C. § 6339"
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---
# 20 U.S.C. § 6339 - Carryover and waiver
## Text
(a) Limitation on carryover Notwithstanding section 1225(b) of this title or any other provision of law, not more than 15 percent of the funds allocated to a local educational agency for any fiscal year under this subpart (but not including funds received through any reallocation under this subpart) may remain available for obligation by such agency for one additional fiscal year.
(b) Waiver A State educational agency may, once every 3 years, waive the percentage limitation in subsection (a) if—
(1) the agency determines that the request of a local educational agency is reasonable and necessary; or
(2) supplemental appropriations for this subpart become available.
(c) Exclusion The percentage limitation under subsection (a) shall not apply to any local educational agency that receives less than $50,000 under this subpart for any fiscal year.
(Pub. L. 89–10, title I, § 1127, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1127 of Pub. L. 89–10 was classified to section 6338 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
legal/us/code/title-20/chapter-70/section-6361.md
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---
# 20 U.S.C. § 6361 - Grants for State assessments and related activities
## Text
(a) Grants authorized From amounts made available in accordance with section 6363 of this title, the Secretary shall make grants to State educational agencies to enable the States to carry out 1 or more of the following:
(1) To pay the costs of the development of the State assessments and standards adopted under section 6311(b) of this title, which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State.
(2) If a State has developed the assessments adopted under section 6311(b) of this title, to administer those assessments or to carry out other assessment activities described in this part, such as the following:
(A) Ensuring the provision of appropriate accommodations available to English learners and children with disabilities to improve the rates of inclusion in regular assessments of such children, including professional development activities to improve the implementation of such accommodations in instructional practice.
(B) Developing challenging State academic standards and aligned assessments in academic subjects for which standards and assessments are not required under section 6311(b) of this title.
(C) Developing or improving assessments for English learners, including assessments of English language proficiency as required under section 6311(b)(2)(G) of this title and academic assessments in languages other than English to meet the State’s obligations under section 6311(b)(2)(F) of this title.
(D) Ensuring the continued validity and reliability of State assessments.
(E) Refining State assessments to ensure their continued alignment with the challenging State academic standards and to improve the alignment of curricula and instructional materials.
(F) Developing or improving balanced assessment systems that include summative, interim, and formative assessments, including supporting local educational agencies in developing or improving such assessments.
(G) At the discretion of the State, refining science assessments required under section 6311(b)(2) of this title in order to integrate engineering design skills and practices into such assessments.
(H) Developing or improving models to measure and assess student progress or student growth on State assessments under section 6311(b)(2) of this title and other assessments not required under section 6311(b)(2) of this title.
(I) Developing or improving assessments for children with disabilities, including alternate assessments aligned to alternate academic achievement standards for students with the most significant cognitive disabilities described in section 6311(b)(2)(D) of this title, and using the principles of universal design for learning.
(J) Allowing for collaboration with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 6311(b)(2) of this title.
(K) Measuring student academic achievement using multiple measures of student academic achievement from multiple sources.
(L) Evaluating student academic achievement through the development of comprehensive academic assessment instruments (such as performance and technology-based academic assessments, computer adaptive assessments, projects, or extended performance task assessments) that emphasize the mastery of standards and aligned competencies in a competency-based education model.
(M) Designing the report cards and reports under section 6311(h) of this title in an easily accessible, user friendly-manner that cross-tabulates student information by any category the State determines appropriate, as long as such cross-tabulation—
(i) does not reveal personally identifiable information about an individual student; and
(ii) is derived from existing State and local reporting requirements.
(b) Rule of construction Nothing in subsection (a)(2)(M) shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary unless such reporting, data, or information is explicitly authorized under this chapter.
(c) Annual report Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing the State’s activities under the grant and the result of such activities.
(Pub. L. 89–10, title I, § 1201, as added Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1879.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6361, Pub. L. 89–10, title I, § 1201, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1535, stated purpose of former subpart 1 of this part, prior to the general amendment of this part by Pub. L. 114–95. Another prior section 6361, Pub. L. 89–10, title I, § 1201, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3578; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1604(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–328, stated purpose of Even Start family literacy program, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1201 of Pub. L. 89–10 was classified to section 2781 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6362 - State option to conduct assessment system audit
## Text
(a) In general From the amount reserved under section 6363(a)(3) of this title for a fiscal year, the Secretary shall make grants to States to enable the States to—
(1) in the case of a grant awarded under this section to a State for the first time—
(A) audit State assessment systems and ensure that local educational agencies audit local assessments under subsection (e)(1);
(B) execute the State plan under subsection (e)(3)(D); and
(C) award subgrants under subsection (f); and
(2) in the case of a grant awarded under this section to a State that has previously received a grant under this section—
(A) execute the State plan under subsection (e)(3)(D); and
(B) award subgrants under subsection (f).
(b) Minimum amount Each State that receives a grant under this section shall receive an annual grant amount of not less than $1,500,000.
(c) Reallocation If a State chooses not to apply for a grant under this section, the Secretary shall reallocate such grant amount to other States in accordance with the formula described in section 6363(a)(4)(B) of this title.
(d) Application A State desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. The application shall include a description of—
(1) in the case of a State that is receiving a grant under this section for the first time—
(A) the audit the State will carry out under subsection (e)(1); and
(B) the stakeholder feedback the State will seek in designing such audit;
(2) in the case of a State that is not receiving a grant under this section for the first time, the plan described in subsection (e)(3)(D); and
(3) how the State will award subgrants to local educational agencies under subsection (f).
(e) Audits of State assessment systems and local assessments (1) Audit requirements Not later than 1 year after the date a State receives an initial grant under this section, the State shall—
(A) conduct a State assessment system audit as described in paragraph (3);
(B) ensure that each local educational agency receiving funds under this section—
(i) conducts an audit of local assessments administered by the local educational agency as described in paragraph (4); and
(ii) submits the results of such audit to the State; and
(C) report the results of each State and local educational agency audit conducted under subparagraphs (A) and (B), in a format that is widely accessible and publicly available.
(2) Resources for local educational agencies In carrying out paragraph (1)(B), each State shall provide local educational agencies with resources, such as guidelines and protocols, to assist in conducting and reporting audit results.
(3) State assessment system description Each State assessment system audit conducted under paragraph (1)(A) shall include—
(A) the schedule for the administration of all State assessments;
(B) for each State assessment—
(i) the purpose for which the assessment was designed and the purpose for which the assessment is used; and
(ii) the legal authority for the administration of the assessment;
(C) feedback on such system from stakeholders, which shall include information such as—
(i) how teachers, principals, other school leaders, and administrators use assessment data to improve and differentiate instruction;
(ii) the timing of release of assessment data;
(iii) the extent to which assessment data is presented in an accessible and understandable format for all stakeholders;
(iv) the opportunities, resources, and training teachers, principals, other school leaders, and administrators are given to review assessment results and make effective use of assessment data;
(v) the distribution of technological resources and personnel necessary to administer assessments;
(vi) the amount of time teachers spend on assessment preparation and administration;
(vii) the assessments that administrators, teachers, principals, other school leaders, parents, and students, if appropriate, do and do not find useful; and
(viii) other information as appropriate; and
(D) a plan, based on the information gathered as a result of the activities described in subparagraphs (A), (B), and (C), to improve and streamline the State assessment system, including activities such as—
(i) eliminating any unnecessary assessments, which may include paying the cost associated with terminating procurement contracts;
(ii) supporting the dissemination of best practices from local educational agencies or other States that have successfully improved assessment quality and efficiency to improve teaching and learning; and
(iii) supporting local educational agencies or consortia of local educational agencies to carry out efforts to streamline local assessment systems and implement a regular process of review and evaluation of assessment use in local educational agencies.
(4) Local assessment description An audit of local assessments conducted in accordance with paragraph (1)(B)(i) shall include the same information described in paragraph (3) that is required of a State audit, except that such information shall be included as applicable to the local educational agency and the local assessments.
(f) Subgrants to local educational agencies (1) In general Each State shall reserve not less than 20 percent of the grant funds awarded to the State under this section to make subgrants to local educational agencies in the State or consortia of such local educational agencies, based on demonstrated need in the agency’s or consortium’s application, to enable such agencies or consortia to improve assessment quality and use, and alignment, including, if applicable, alignment to the challenging State academic standards.
(2) Local educational agency application Each local educational agency, or consortium of local educational agencies, seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such other information as determined necessary by the State. The application shall include a description of the agency’s or consortium’s needs relating to the improvement of assessment quality, use, and alignment.
(3) Use of funds A subgrant awarded under this subsection to a local educational agency or consortium of such agencies may be used to—
(A) conduct an audit of local assessments under subsection (e)(1)(B)(i);
(B) carry out the plan described in subsection (e)(3)(D) as it pertains to such agency or consortium;
(C) improve assessment delivery systems and schedules, including by increasing access to technology and assessment proctors, where appropriate;
(D) hire instructional coaches, or promote teachers who may receive increased compensation to serve as instructional coaches, to support teachers in the development of classroom-based assessments, interpreting assessment data, and designing instruction;
(E) provide for appropriate accommodations to maximize inclusion of children with disabilities and English learners participating in assessments; and
(F) improve the capacity of teachers, principals, and other school leaders to disseminate assessment data in an accessible and understandable format for parents and families, including for children with disabilities and English learners.
(g) Definitions In this section:
(1) Local assessment The term “local assessment” means an academic assessment selected and carried out by a local educational agency that is separate from an assessment required under section 6311(b)(2) of this title.
(2) State The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 89–10, title I, § 1202, as added Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1881.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6362, Pub. L. 89–10, title I, § 1202, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1535; amended Pub. L. 108–7, div. G, title III, § 305, Feb. 20, 2003, 117 Stat. 333, authorized formula grants to State educational agencies, prior to the general amendment of this part by Pub. L. 114–95. Another prior section 6362, Pub. L. 89–10, title I, § 1202, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3578; amended Pub. L. 105–220, title II, § 251(b)(2)(A), Aug. 7, 1998, 112 Stat. 1079; Pub. L. 105–277, div. A, § 101(f) [title VIII, §§ 201, 202], Oct. 21, 1998, 112 Stat. 2681–337, 2681–407, 2681–408; Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, §§ 1604(c)–(e), 1606(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–329, 2763A–330, 2763A–334, authorized Even Start program, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1202 of Pub. L. 89–10 was classified to section 2782 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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---
# 20 U.S.C. § 6363 - Allotment of appropriated funds
## Text
(a) Amounts equal to or less than trigger amount From amounts made available for each fiscal year under subsection 11 So in original. Probably should be “section”. 6302(b) of this title that are equal to or less than the amount described in section 6311(b)(2)(I) of this title, the Secretary shall—
(1) reserve one-half of 1 percent for the Bureau of Indian Education;
(2) reserve one-half of 1 percent for the outlying areas;
(3) reserve not more than 20 percent to carry out section 6362 of this title; and
(4) from the remainder, carry out section 6361 of this title by allocating to each State an amount equal to—
(A) $3,000,000, except for a fiscal year for which the amounts available are insufficient to allocate such amount to each State, the Secretary shall ratably reduce such amount for each State; and
(B) with respect to any amounts remaining after the allocation under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.
(b) Amounts above trigger amount For any fiscal year for which the amount made available for a fiscal year under subsection 1 6302(b) of this title exceeds the amount described in section 6311(b)(2)(I) of this title, the Secretary shall make such excess amount available as follows:
(1) Competitive grants (A) In general The Secretary shall first use such funds to award grants, on a competitive basis, to State educational agencies or consortia of State educational agencies that have submitted applications described in subparagraph (B) to enable such States to carry out the activities described in subparagraphs (C), (H), (I), (J), (K), and (L) of section 6361(a)(2) of this title.
(B) Applications A State, or a consortium of States, that desires a competitive grant under subparagraph (A) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall demonstrate that the requirements of this section will be met for the uses of funds described under subparagraph (A).
(C) Amount of competitive grants In determining the amount of a grant under subparagraph (A), the Secretary shall ensure that a State or consortium’s grant, as the case may be, shall include an amount that bears the same relationship to the total funds available to carry out this subsection for the fiscal year as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in each State that comprises the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.
(2) Allotments Any amounts remaining after the Secretary awards funds under paragraph (1) shall be allotted to each State, or consortium of States, that did not receive a grant under such paragraph, in an amount that bears the same relationship to the remaining amounts as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in the States of the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.
(c) State defined In this part, the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(d) Prohibition In making funds available to States under this part, the Secretary shall comply with the prohibitions described in section 7909 of this title.
(Pub. L. 89–10, title I, § 1203, as added Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1884.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6363, Pub. L. 89–10, title I, § 1203, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1543; amended Pub. L. 110–154, § 1(c)(3), Dec. 21, 2007, 121 Stat. 1828; Pub. L. 113–128, title V, § 512(i)(1), July 22, 2014, 128 Stat. 1708, related to applications for State formula grants, prior to the general amendment of this part by Pub. L. 114–95. Another prior section 6363, Pub. L. 89–10, title I, § 1203, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3579; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 204(b)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–409; Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1604(f), (g)], Dec. 21, 2000, 114 Stat. 2763, 2763A–330, related to State Even Start programs, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1203 of Pub. L. 89–10 was classified to section 2783 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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---
# 20 U.S.C. § 6391 - Program purposes
## Text
The purposes of this part are as follows:
(1) To assist States in supporting high-quality and comprehensive educational programs and services during the school year and, as applicable, during summer or intersession periods, that address the unique educational needs of migratory children.
(2) To ensure that migratory children who move among the States are not penalized in any manner by disparities among the States in curriculum, graduation requirements, and challenging State academic standards.
(3) To ensure that migratory children receive full and appropriate opportunities to meet the same challenging State academic standards that all children are expected to meet.
(4) To help migratory children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to succeed in school.
(5) To help migratory children benefit from State and local systemic reforms.
(Pub. L. 89–10, title I, § 1301, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1571; amended Pub. L. 114–95, title I, § 1301(a), Dec. 10, 2015, 129 Stat. 1893.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6391, Pub. L. 89–10, title I, § 1301, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3585, related to program purpose, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Pub. L. 114–95 amended section generally. Prior to amendment, section related to purposes of this part to assist States: (1) to support high-quality and comprehensive educational programs for migratory children; (2) to ensure that migratory children who move among the States are not penalized in any manner by disparities among the States; (3) to ensure that migratory children are provided with appropriate educational services; (4) to ensure that migratory children receive full and appropriate opportunities to meet challenging State standards; (5) to design programs to help migratory children overcome educational disruption and other factors that inhibit their ability to do well in school; and (6) to ensure that migratory children benefit from State and local systemic reforms.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
# 20 U.S.C. § 6392 - Program authorized
## Text
In order to carry out the purpose of this part, the Secretary shall make grants to State educational agencies, or combinations of such agencies, to establish or improve, directly or through local operating agencies, programs of education for migratory children in accordance with this part.
(Pub. L. 89–10, title I, § 1302, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1571.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6392, Pub. L. 89–10, title I, § 1302, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3585, authorized migratory children education program, prior to the general amendment of this subchapter by Pub. L. 107–110.
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---
# 20 U.S.C. § 6393 - State allocations
## Text
(a) State allocations Except as provided in subsection (c), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to the product of—
(1) the sum of—
(A) the average number of identified eligible migratory children aged 3 through 21 residing in the State, based on data for the preceding 3 years; and
(B) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by
(2) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States.
(b) Hold harmless Notwithstanding subsection (a), for each of fiscal years 2017 through 2019, no State shall receive less than 90 percent of the State’s allocation under this section for the preceding fiscal year.
(c) Allocation to Puerto Rico (1) In general For each fiscal year, the grant that the Commonwealth of Puerto Rico shall be eligible to receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of—
(A) the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States, subject to paragraphs (2) and (3); and
(B) 32 percent of the average per-pupil expenditure in the United States.
(2) Minimum percentage The percentage described in paragraph (1)(A) shall not be less than 85 percent.
(3) Limitation If the application of paragraph (2) for any fiscal year would result in any of the 50 States or the District of Columbia receiving less under this part than it received under this part for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of the percentage in paragraph (1)(A) for such fiscal year or the percentage used for the preceding fiscal year.
(d) Ratable reductions; reallocations (1) In general (A) Ratable reductions If, after the Secretary reserves funds under section 6398(c) of this title, the amount appropriated to carry out this part for any fiscal year is insufficient to pay in full the amounts for which all States are eligible, the Secretary shall ratably reduce each such amount.
(B) Reallocation If additional funds become available for making such payments for any fiscal year, the Secretary shall allocate such funds to States in amounts that the Secretary determines will best carry out the purposes of this part.
(2) Special rule (A) Further reductions The Secretary shall further reduce the amount of any grant to a State under this part for any fiscal year if the Secretary determines, based on available information on the numbers and needs of migratory children in the State and the program proposed by the State to address such needs, that such amount exceeds the amount required under section 6394 of this title.
(B) Reallocation The Secretary shall reallocate such excess funds to other States whose grants under this part would otherwise be insufficient to provide an appropriate level of services to migratory children, in such amounts as the Secretary determines are appropriate.
(e) Consortium arrangements (1) In general In the case of a State that receives a grant of $1,000,000 or less under this section, the Secretary shall consult with the State educational agency to determine whether consortium arrangements with another State or other appropriate entity would result in delivery of services in a more effective and efficient manner.
(2) Proposals Any State, regardless of the amount of such State’s allocation, may submit a consortium arrangement to the Secretary for approval.
(3) Approval The Secretary shall approve a consortium arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will—
(A) reduce administrative costs or program function costs for State programs; and
(B) make more funds available for direct services to add substantially to the academic achievement of children to be served under this part.
(f) Determining numbers of eligible children In order to determine the identified number of migratory children residing in each State for purposes of this section, the Secretary shall—
(1) use the most recent information that most accurately reflects the actual number of migratory children;
(2) develop and implement a procedure for monitoring the accuracy of such information;
(3) develop and implement a procedure for more accurately reflecting cost factors for different types of summer and intersession program designs;
(4) adjust the number of migratory children who reside in each State to take into account—
(A) the unique needs of those children participating in effective special programs provided under this part that operate during the summer and intersession periods; and
(B) the additional costs of operating such programs; and
(5) conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children, including the most at-risk migratory children.
(g) Nonparticipating States In the case of a State desiring to receive an allocation under this part for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State’s number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3-year average number of such children in accordance with such subsection.
(Pub. L. 89–10, title I, § 1303, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1571; amended Pub. L. 114–95, title I, § 1301(b), Dec. 10, 2015, 129 Stat. 1894.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6393, Pub. L. 89–10, title I, § 1303, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3585, related to State allocations, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsecs. (a), (b). Pub. L. 114–95, § 1301(b)(2), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to State allocations for fiscal year 2002 and subsequent years and allocation to Puerto Rico for each fiscal year. Subsec. (c). Pub. L. 114–95, § 1301(b)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 114–95, § 1301(b)(1), (3), redesignated subsec. (c) as (d), in par. (1) inserted subpar. headings after subpar. (A) and (B) designations, in par. (1), subpar. (B), substituted “purposes” for “purpose”, and in par. (2) inserted subpar. headings after subpar. (A) and (B) designations. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 114–95, § 1301(b)(1), (4), redesignated subsec. (d) as (e) and in par. (3)(B) substituted “the academic achievement of children” for “the welfare or educational attainment of children”. Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 114–95, § 1301(b)(1), (5)(A), redesignated subsec. (e) as (f) and in introductory provisions substituted “identified number” for “estimated number”. Subsec. (f)(1). Pub. L. 114–95, § 1301(b)(5)(B), added par. (1) and struck out former par. (1) which read as follows: “use such information as the Secretary finds most accurately reflects the actual number of migratory children;”. Subsec. (f)(2), (3). Pub. L. 114–95, § 1301(b)(5)(C), (D), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4). Subsec. (f)(4). Pub. L. 114–95, § 1301(b)(5)(C), (E), redesignated par. (3) as (4), in introductory provisions struck out “full-time equivalent” before “number”, and in subpar. (A) substituted “unique needs” for “special needs” and “effective special programs provided under this part” for “special programs provided under this part”. Former par. (4) redesignated (5). Subsec. (f)(5). Pub. L. 114–95, § 1301(b)(5)(C), (F), redesignated par. (4) as (5) and substituted “migratory children, including the most at-risk migratory children” for “the child whose education has been interrupted”. Subsec. (g). Pub. L. 114–95, § 1301(b)(6), added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
Migrant Education ProgramPub. L. 116–211, § 3, Dec. 4, 2020, 134 Stat. 1018, provided that: “Due to the public health emergency relating to COVID–19 and notwithstanding subsections (a)(1) and (f)(1) of section 1303 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6393), for the purposes of making determinations under subsections (a)(1) and (f) of such section 1303 for fiscal year 2021 and all subsequent fiscal years for which school year 2019–2020 data would be used in the calculations under section 1303(a)(1) of such Act, the Secretary of Education shall use school year 2018–2019 data or school year 2019–2020 data, whichever data are greater, wherever school year 2019–2020 data would otherwise be required.”
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# 20 U.S.C. § 6394 - State applications; services
## Text
(a) Application required Any State desiring to receive a grant under this part for any fiscal year shall submit an application to the Secretary at such time and in such manner as the Secretary may require.
(b) Program information Each such application shall include—
(1) a description of how, in planning, implementing, and evaluating programs and projects assisted under this part, the State and its local operating agencies will ensure that the unique educational needs of migratory children, including preschool migratory children and migratory children who have dropped out of school, are identified and addressed through—
(A) the full range of services that are available for migratory children from appropriate local, State, and Federal educational programs;
(B) joint planning among local, State, and Federal educational programs serving migratory children, including language instruction educational programs under part A of subchapter III;
(C) the integration of services available under this part with services provided by those other programs; and
(D) measurable program objectives and outcomes;
(2) a description of the steps the State is taking to provide all migratory students with the opportunity to meet the same challenging State academic standards that all children are expected to meet;
(3) a description of how the State will use funds received under this part to promote interstate and intrastate coordination of services for migratory children, including how the State will provide for educational continuity through the timely transfer of pertinent school records, including information on health, when children move from one school to another, whether or not such move occurs during the regular school year;
(4) a description of the State’s priorities for the use of funds received under this part, and how such priorities relate to the State’s assessment of needs for services in the State;
(5) a description of how the State will determine the amount of any subgrants the State will award to local operating agencies, taking into account the numbers and needs of migratory children, the requirements of subsection (d), and the availability of funds from other Federal, State, and local programs; and
(6) a description of how the State will encourage programs and projects assisted under this part to offer family literacy services if the program or project serves a substantial number of migratory children whose parents do not have a high school diploma or its recognized equivalent or who have low levels of literacy.
(c) Assurances Each such application shall also include assurances that—
(1) funds received under this part will be used only—
(A) for programs and projects, including the acquisition of equipment, in accordance with section 6396 of this title; and
(B) to coordinate such programs and projects with similar programs and projects within the State and in other States, as well as with other Federal programs that can benefit migratory children and their families;
(2) such programs and projects will be carried out in a manner consistent with the objectives of section 6314 of this title, subsections (b) and (d) of section 6315 of this title, subsections (b) and (c) of section 6321 of this title, and part F;
(3) in the planning and operation of programs and projects at both the State and local agency operating level, there is consultation with parents of migratory children, including parent advisory councils, for programs not less than 1 school year in duration, and that all such programs and projects are carried out—
(A) in a manner that provides for the same parental involvement as is required for programs and projects under section 6318 of this title, unless extraordinary circumstances make such provision impractical; and
(B) in a format and language understandable to the parents;
(4) in planning and carrying out such programs and projects, there has been, and will be, adequate provision for addressing the unmet education needs of preschool migratory children and migratory children who have dropped out of school;
(5) the effectiveness of such programs and projects will be determined, where feasible, using the same approaches and standards that will be used to assess the performance of students, schools, and local educational agencies under part A;
(6) such programs and projects will provide for outreach activities for migratory children and their families to inform such children and families of other education, health, nutrition, and social services to help connect them to such services;
(7) to the extent feasible, such programs and projects will provide for—
(A) advocacy and other outreach activities for migratory children and their families, including helping such children and families gain access to other education, health, nutrition, and social services;
(B) professional development programs, including mentoring, for teachers and other program personnel;
(C) family literacy programs;
(D) the integration of information technology into educational and related programs; and
(E) programs to facilitate the transition of secondary school students to postsecondary education or employment; and
(8) the State will assist the Secretary in determining the number of migratory children under section 6393(a)(1) of this title.
(d) Priority for services In providing services with funds received under this part, each recipient of such funds shall give priority to migratory children who have made a qualifying move within the previous 1-year period and who—
(1) are failing, or most at risk of failing, to meet the challenging State academic standards; or
(2) have dropped out of school.
(e) Continuation of services Notwithstanding any other provision of this part—
(1) a child who ceases to be a migratory child during a school term shall be eligible for services until the end of such term;
(2) a child who is no longer a migratory child may continue to receive services for 1 additional school year, but only if comparable services are not available through other programs; and
(3) students who were eligible for services in secondary school may continue to be served through credit accrual programs until graduation.
(Pub. L. 89–10, title I, § 1304, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1574; amended Pub. L. 114–95, title I, § 1301(c), Dec. 10, 2015, 129 Stat. 1896.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6394, Pub. L. 89–10, title I, § 1304, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3587; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1605], Dec. 21, 2000, 114 Stat. 2763, 2763A–334, related to State applications and services, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (b)(1). Pub. L. 114–95, § 1301(c)(1)(A)(i), in introductory provisions substituted “unique educational needs” for “special educational needs” and inserted “and migratory children who have dropped out of school” after “preschool migratory children”. Subsec. (b)(1)(B). Pub. L. 114–95, § 1301(c)(1)(A)(ii), substituted “migratory children” for “migrant children” and “part A of subchapter III” for “part A or B of subchapter III”. Subsec. (b)(1)(D). Pub. L. 114–95, § 1301(c)(1)(A)(iii), added subpar. (D) and struck out former subpar. (D) which read as follows: “measurable program goals and outcomes;”. Subsec. (b)(2). Pub. L. 114–95, § 1301(c)(1)(B), substituted “challenging State academic standards” for “challenging State academic content standards and challenging State student academic achievement standards”. Subsec. (b)(3). Pub. L. 114–95, § 1301(c)(1)(C), struck out “, consistent with procedures the Secretary may require,” after “including how”. Subsec. (b)(5). Pub. L. 114–95, § 1301(c)(1)(D), inserted “and” after semicolon at end. Subsec. (b)(6), (7). Pub. L. 114–95, § 1301(c)(1)(E)–(G), redesignated par. (7) as (6), substituted “migratory children whose parents do not have a high school diploma” for “migratory children who have parents who do not have a high school diploma”, and struck out former par. (6) which read as follows: “such budgetary and other information as the Secretary may require; and”. Subsec. (c). Pub. L. 114–95, § 1301(c)(2)(A), struck out “, satisfactory to the Secretary,” after “assurances” in introductory provisions. Subsec. (c)(2). Pub. L. 114–95, § 1301(c)(2)(B), made technical amendment to reference in original act which appears in text as reference to subsections (b) and (c) of section 6321 of this title and substituted “part F” for “part I”. Subsec. (c)(3). Pub. L. 114–95, § 1301(c)(2)(C)(i), in introductory provisions substituted “parents of migratory children, including parent advisory councils,” for “parent advisory councils” and “not less than 1 school year in duration” for “of 1 school year in duration”. Subsec. (c)(3)(A). Pub. L. 114–95, § 1301(c)(2)(C)(ii), made technical amendment to reference in original act which appears in text as reference to section 6318 of this title. Subsec. (c)(4). Pub. L. 114–95, § 1301(c)(2)(D), inserted “and migratory children who have dropped out of school” after “preschool migratory children”. Subsec. (c)(6) to (8). Pub. L. 114–95, § 1301(c)(2)(E)–(G), added pars. (6) and (7), redesignated former par. (7) as (8), in par. (8) substituted “section 6393(a)(1) of this title” for “paragraphs (1)(A) and (2)(B)(i) of section 6393(a) of this title, through such procedures as the Secretary may require”, and struck out former par. (6) which related to assurances that, to the extent feasible, programs would provide for advocacy and outreach activities, professional development programs, family literacy programs, the integration of information technology into programs, and programs to facilitate the transition to postsecondary education or employment. Subsec. (d). Pub. L. 114–95, § 1301(c)(3), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “In providing services with funds received under this part, each recipient of such funds shall give priority to migratory children who are failing, or most at risk of failing, to meet the State’s challenging State academic content standards and challenging State student academic achievement standards, and whose education has been interrupted during the regular school year.” Subsec. (e)(3). Pub. L. 114–95, § 1301(c)(4), substituted “students” for “secondary school students”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
# 20 U.S.C. § 6395 - Secretarial approval; peer review
## Text
The Secretary shall approve each State application that meets the requirements of this part, and may review any such application with the assistance and advice of State officials and other officials with relevant expertise.
(Pub. L. 89–10, title I, § 1305, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1576; amended Pub. L. 114–95, title I, § 1301(d), Dec. 10, 2015, 129 Stat. 1897.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6395, Pub. L. 89–10, title I, § 1305, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3588, related to Secretarial approval and peer review, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating to Secretarial approval and peer review, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
# 20 U.S.C. § 6396 - Comprehensive needs assessment and service-delivery plan; authorized activities
## Text
(a) Comprehensive plan (1) In general Each State that receives assistance under this part shall ensure that the State and its local operating agencies identify and address the unique educational needs of migratory children in accordance with a comprehensive State plan that—
(A) is integrated with other programs under this chapter or other Acts, as appropriate;
(B) may be submitted as a part of a consolidated application under section 7842 of this title, if—
(i) the unique needs of migratory children are specifically addressed in the comprehensive State plan;
(ii) the comprehensive State plan is developed in collaboration with parents of migratory children; and
(iii) the comprehensive State plan is not used to supplant State efforts regarding, or administrative funding for, this part;
(C) provides that migratory children will have an opportunity to meet the same challenging State academic standards that all children are expected to meet;
(D) specifies measurable program goals and outcomes;
(E) encompasses the full range of services that are available for migratory children from appropriate local, State, and Federal educational programs;
(F) is the product of joint planning among such local, State, and Federal programs, including programs under part A, early childhood programs, and language instruction educational programs under part A of subchapter III; and
(G) provides for the integration of services available under this part with services provided by such other programs.
(2) Duration of the plan Each such comprehensive State plan shall—
(A) remain in effect for the duration of the State’s participation under this part; and
(B) be periodically reviewed and revised by the State, as necessary, to reflect changes in the State’s strategies and programs under this part.
(b) Authorized activities (1) Flexibility In implementing the comprehensive plan described in subsection (a), each State educational agency, where applicable through its local educational agencies, retains the flexibility to determine the activities to be provided with funds made available under this part, except that such funds first shall be used to meet the identified needs of migratory children that result from their migratory lifestyle, and to permit these children to participate effectively in school.
(2) Unaddressed needs Funds provided under this part shall be used to address the needs of migratory children that are not addressed by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive services under part A may receive those services through funds provided under that part, or through funds under this part that remain after the agency addresses the needs described in paragraph (1).
(3) Construction Nothing in this part shall be construed to prohibit a local educational agency from serving migratory children simultaneously with students with similar educational needs in the same educational settings, where appropriate.
(4) Special rule Notwithstanding section 6314 of this title, a school that receives funds under this part shall continue to address the identified needs described in paragraph (1), and shall meet the unique educational needs of migratory children before using funds under this part for schoolwide programs under section 6314 of this title.
(Pub. L. 89–10, title I, § 1306, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1576; amended Pub. L. 114–95, title I, § 1301(e), Dec. 10, 2015, 129 Stat. 1897.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6396, Pub. L. 89–10, title I, § 1306, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3589, related to comprehensive needs assessments and service-delivery plans, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a)(1). Pub. L. 114–95, § 1301(e)(1)(A), substituted “unique” for “special” in introductory provisions. Subsec. (a)(1)(B). Pub. L. 114–95, § 1301(e)(1)(B)(i), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7842 of this title. Subsec. (a)(1)(B)(i). Pub. L. 114–95, § 1301(e)(1)(B)(ii), substituted “unique” for “special”. Subsec. (a)(1)(C). Pub. L. 114–95, § 1301(e)(1)(C), substituted “challenging State academic standards” for “challenging State academic content standards and challenging State student academic achievement standards”. Subsec. (a)(1)(F). Pub. L. 114–95, § 1301(e)(1)(D), substituted “part A of subchapter III” for “part A or B of subchapter III”. Subsec. (b)(1). Pub. L. 114–95, § 1301(e)(2)(A), substituted “retains the flexibility to” for “shall have the flexibility to”. Subsec. (b)(4). Pub. L. 114–95, § 1301(e)(2)(B), substituted “unique educational needs” for “special educational needs”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
# 20 U.S.C. § 6397 - Bypass
## Text
The Secretary may use all or part of any State’s allocation under this part to make arrangements with any public or private agency to carry out the purpose of this part in such State if the Secretary determines that—
(1) the State is unable or unwilling to conduct educational programs for migratory children;
(2) such arrangements would result in more efficient and economic administration of such programs; or
(3) such arrangements would add substantially to the educational achievement of such children.
(Pub. L. 89–10, title I, § 1307, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578; amended Pub. L. 114–95, title I, § 1301(f), Dec. 10, 2015, 129 Stat. 1898.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6397, Pub. L. 89–10, title I, § 1307, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3590, related to bypass of State, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Pub. L. 114–95, § 1301(f)(1), struck out “nonprofit” before “agency” in introductory provisions. Par. (3). Pub. L. 114–95, § 1301(f)(2), substituted “educational achievement” for “welfare or educational attainment”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6398 - Coordination of migrant education activities
## Text
(a) Improvement of coordination (1) In general The Secretary, in consultation with the States, may make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, and other public and private entities to improve the interstate and intrastate coordination among such agencies’ educational programs, including through the establishment or improvement of programs for credit accrual and exchange, available to migratory children.
(2) Duration Grants under this subsection may be awarded for not more than 5 years.
(b) Student records (1) Assistance The Secretary shall assist States in the electronic transfer of student records and in determining the number of migratory children in each State.
(2) Information system (A) In general The Secretary, in consultation with the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migratory students eligible under this part. The Secretary shall ensure that such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, December 10, 2015. Such information may include—
(i) immunization records and other health information;
(ii) elementary and secondary academic history (including partial credit), credit accrual, and results from State assessments under section 6311(b)(2) of this title;
(iii) other academic information essential to ensuring that migratory children achieve to the challenging State academic standards; and
(iv) eligibility for services under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].
(B) Consultation The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on—
(i) the effectiveness of the system described in subparagraph (A); and
(ii) the ongoing improvement of such system.
(C) Notice and comment After consulting with the States under subparagraph (A), the Secretary shall publish a notice in the Federal Register seeking public comment on any new proposed data elements that each State receiving funds under this part shall be required to collect for purposes of electronic transfer of migratory student information and the requirements that States shall meet for immediate electronic access to such information.
(3) No cost for certain transfers A State educational agency or local educational agency receiving assistance under this part shall make student records available to another State educational agency or local educational agency that requests the records at no cost to the requesting agency, if the request is made in order to meet the needs of a migratory child.
(c) Availability of funds For the purpose of carrying out this section in any fiscal year, the Secretary shall reserve not more than $10,000,000 of the amount appropriated to carry out this part for such year.
(d) Incentive grants From the amounts made available to carry out this section for any fiscal year, the Secretary may reserve not more than $3,000,000 to award grants of not more than $250,000 on a competitive basis to State educational agencies that propose a consortium arrangement with another State or other appropriate entity that the Secretary determines, pursuant to criteria that the Secretary shall establish, will improve the delivery of services to migratory children whose education is interrupted.
(e) Data collection The Secretary shall direct the National Center for Education Statistics to collect data on migratory children.
(Pub. L. 89–10, title I, § 1308, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578; amended Pub. L. 114–95, title I, § 1301(g), Dec. 10, 2015, 129 Stat. 1898.)
## Notes
Editorial Notes
References in TextThe Individuals with Disabilities Education Act, referred to in subsec. (b)(2)(A)(iv), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.
Prior ProvisionsA prior section 6398, Pub. L. 89–10, title I, § 1308, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3590, related to coordination of migrant education activities, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a)(1). Pub. L. 114–95, § 1301(g)(1), struck out “nonprofit” before “entities”, inserted “through” after “including”, and substituted “children” for “students”. Subsec. (b)(1). Pub. L. 114–95, § 1301(g)(2)(A), struck out “developing effective methods for” before “the electronic transfer”. Subsec. (b)(2)(A). Pub. L. 114–95, § 1301(g)(2)(B)(i)(I), added introductory provisions and struck out former introductory provisions which read as follows: “The Secretary, in consultation with the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migratory students. The Secretary shall ensure such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, January 8, 2002, and shall determine the minimum data elements that each State receiving funds under this part shall collect and maintain. Such elements may include—”. Subsec. (b)(2)(A)(ii). Pub. L. 114–95, § 1301(g)(2)(B)(i)(II), substituted “assessments under section 6311(b)(2)” for “assessments required under section 6311(b)”. Subsec. (b)(2)(A)(iii). Pub. L. 114–95, § 1301(g)(2)(B)(i)(III), substituted “the challenging State academic standards” for “high standards”. Subsec. (b)(2)(B), (C). Pub. L. 114–95, § 1301(g)(2)(B)(ii)–(iv), added subpar. (B), redesignated former subpar. (B) as (C), and in subpar. (C) substituted “any new proposed data elements” for “the proposed data elements” and struck out at end “Such publication shall occur not later than 120 days after January 8, 2002.” Subsec. (b)(4). Pub. L. 114–95, § 1301(g)(2)(C), struck out par. (4) which related to report to Congress not later than Apr. 30, 2003, on the Secretary’s findings and recommendations regarding the maintenance and transfer of health and educational information for migratory students by the States.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6399 - Definitions
## Text
As used in this part:
(1) Local operating agency The term “local operating agency” means—
(A) a local educational agency to which a State educational agency makes a subgrant under this part;
(B) a public or private agency with which a State educational agency or the Secretary makes an arrangement to carry out a project under this part; or
(C) a State educational agency, if the State educational agency operates the State’s migrant education program or projects directly.
(2) Migratory agricultural worker The term “migratory agricultural worker” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment.
(3) Migratory child The term “migratory child” means a child or youth who made a qualifying move in the preceding 36 months—
(A) as a migratory agricultural worker or a migratory fisher; or
(B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher.
(4) Migratory fisher The term “migratory fisher” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment.
(5) Qualifying move The term “qualifying move” means a move due to economic necessity—
(A) from one residence to another residence; and
(B) from one school district to another school district, except—
(i) in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; or
(ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.
(Pub. L. 89–10, title I, § 1309, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1579; amended Pub. L. 114–95, title I, § 1301(h), Dec. 10, 2015, 129 Stat. 1899.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6399, Pub. L. 89–10, title I, § 1309, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3591, defined terms for this part, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Par. (1)(B). Pub. L. 114–95, § 1301(h)(1), struck out “nonprofit” before “private agency”. Pars. (2) to (5). Pub. L. 114–95, § 1301(h)(2), added pars. (2) to (5) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The term ‘migratory child’ means a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order to obtain, or accompany such parent or spouse, in order to obtain, temporary or seasonal employment in agricultural or fishing work— “(A) has moved from one school district to another; “(B) in a State that is comprised of a single school district, has moved from one administrative area to another within such district; or “(C) resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in a fishing activity.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6421 - Purpose and program authorization
## Text
(a) Purpose It is the purpose of this part—
(1) to improve educational services for children and youth in local, tribal, and State institutions for neglected or delinquent children and youth so that such children and youth have the opportunity to meet the same challenging State academic standards that all children in the State are expected to meet;
(2) to provide such children and youth with the services needed to make a successful transition from institutionalization to further schooling or employment; and
(3) to prevent at-risk youth from dropping out of school, and to provide dropouts, and children and youth returning from correctional facilities or institutions for neglected or delinquent children and youth, with a support system to ensure their continued education and the involvement of their families and communities.
(b) Program authorized In order to carry out the purpose of this part and from amounts appropriated under section 6302(d) of this title, the Secretary shall make grants to State educational agencies to enable such agencies to award subgrants to State agencies and local educational agencies to establish or improve programs of education for neglected, delinquent, or at-risk children and youth.
(Pub. L. 89–10, title I, § 1401, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1580; amended Pub. L. 114–95, title I, § 1401(1), Dec. 10, 2015, 129 Stat. 1900.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6421, Pub. L. 89–10, title I, § 1401, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3591, set out findings and purpose and authorized program, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1401 of Pub. L. 89–10 was classified to section 2821 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Amendments2015—Subsec. (a)(1). Pub. L. 114–95, § 1401(1)(A), inserted “, tribal,” after “youth in local” and substituted “challenging State academic standards” for “challenging State academic content standards and challenging State student academic achievement standards”. Subsec. (a)(3). Pub. L. 114–95, § 1401(1)(B), inserted “and the involvement of their families and communities” after “to ensure their continued education”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6422 - Payments for programs under this part
## Text
(a) Agency subgrants Based on the allocation amount computed under section 6432 of this title, the Secretary shall allocate to each State educational agency an amount necessary to make subgrants to State agencies under subpart 1 of this part.
(b) Local subgrants Each State shall retain, for the purpose of carrying out subpart 2 of this part, funds generated throughout the State under part A of this subchapter based on children and youth residing in local correctional facilities, or attending community day programs for delinquent children and youth.
(Pub. L. 89–10, title I, § 1402, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1580.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6422, Pub. L. 89–10, title I, § 1402, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3592, related to payments for programs, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1402 of Pub. L. 89–10 was classified to section 2822 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
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# 20 U.S.C. § 6431 - Eligibility
## Text
A State agency is eligible for assistance under this subpart if such State agency is responsible for providing free public education for children and youth—
(1) in institutions for neglected or delinquent children and youth;
(2) attending community day programs for neglected or delinquent children and youth; or
(3) in adult correctional institutions.
(Pub. L. 89–10, title I, § 1411, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1581.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6431, Pub. L. 89–10, title I, § 1411, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3592, related to eligibility, prior to the general amendment of this subchapter by Pub. L. 107–110.
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# 20 U.S.C. § 6432 - Allocation of funds
## Text
(a) Subgrants to State agencies (1) In general Each State agency described in section 6431 of this title (other than an agency in the Commonwealth of Puerto Rico) is eligible to receive a subgrant under this subpart, for each fiscal year, in an amount equal to the product of—
(A) the number of neglected or delinquent children and youth described in section 6431 of this title who—
(i) are enrolled for at least 15 hours per week in education programs in adult correctional institutions; and
(ii) are enrolled for at least 20 hours per week—
(I) in education programs in institutions for neglected or delinquent children and youth; or
(II) in community day programs for neglected or delinquent children and youth; and
(B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States.
(2) Special rule The number of neglected or delinquent children and youth determined under paragraph (1) shall—
(A) be determined by the State agency by a deadline set by the Secretary, except that no State agency shall be required to determine the number of such children and youth on a specific date set by the Secretary; and
(B) be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual programs.
(b) Subgrants to State agencies in Puerto Rico (1) In general For each fiscal year, the amount of the subgrant which a State agency in the Commonwealth of Puerto Rico shall be eligible to receive under this subpart shall be the amount determined by multiplying the number of children counted under subsection (a)(1)(A) for the Commonwealth of Puerto Rico by the product of—
(A) the percentage which the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States; and
(B) 32 percent of the average per-pupil expenditure in the United States.
(2) Minimum percentage The percentage in paragraph (1)(A) shall not be less than 85 percent.
(3) Limitation If the application of paragraph (2) would result in any of the 50 States or the District of Columbia receiving less under this subpart than it received under this subpart for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of—
(A) the percentage in paragraph (1)(A) for such fiscal year; or
(B) the percentage used for the preceding fiscal year.
(c) Ratable reductions in case of insufficient appropriations If the amount appropriated for any fiscal year for subgrants under subsections (a) and (b) is insufficient to pay the full amount for which all State agencies are eligible under such subsections, the Secretary shall ratably reduce each such amount.
(Pub. L. 89–10, title I, § 1412, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1581; amended Pub. L. 114–95, title I, § 1401(2), Dec. 10, 2015, 129 Stat. 1900.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6432, Pub. L. 89–10, title I, § 1412, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3592, related to allocation of funds, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (b)(2). Pub. L. 114–95 added par. (2) and struck out former par. (2) which related to minimum percentage for fiscal year 2002, fiscal year 2003, fiscal year 2004, and fiscal year 2005 and succeeding fiscal years.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6433 - State reallocation of funds
## Text
If a State educational agency determines that a State agency does not need the full amount of the subgrant for which such State agency is eligible under this subpart for any fiscal year, the State educational agency may reallocate the amount that will not be needed to other eligible State agencies that need additional funds to carry out the purpose of this part, in such amounts as the State educational agency shall determine.
(Pub. L. 89–10, title I, § 1413, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1582.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6433, Pub. L. 89–10, title I, § 1413, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3593, related to State reallocation of funds, prior to the general amendment of this subchapter by Pub. L. 107–110.
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# 20 U.S.C. § 6434 - State plan and State agency applications
## Text
(a) State plan (1) In general Each State educational agency that desires to receive a grant under this subpart shall submit, for approval by the Secretary, a plan—
(A) for meeting the educational needs of neglected, delinquent, and at-risk children and youth;
(B) for assisting in the transition of children and youth between correctional facilities and locally operated programs; and
(C) that is integrated with other programs under this chapter or other Acts, as appropriate.
(2) Contents Each such State plan shall—
(A) describe the program objectives and outcomes established by the State that will be used to assess the effectiveness of the program in improving the academic, career, and technical skills of children in the program;
(B) provide that, to the extent feasible, such children will have the same opportunities to achieve as such children would have if such children were in the schools of local educational agencies in the State;
(C) describe how the State will place a priority for such children to attain a regular high school diploma, to the extent feasible;
(D) contain an assurance that the State educational agency will—
(i) ensure that programs assisted under this subpart will be carried out in accordance with the State plan described in this subsection; and
(ii) ensure that the State agencies receiving subgrants under this subpart comply with all applicable statutory and regulatory requirements; and
(E) provide assurances that the State educational agency has established—
(i) procedures to ensure the timely re-enrollment of each student who has been placed in the juvenile justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits that such student earns during placement; and
(ii) opportunities for such students to participate in credit-bearing coursework while in secondary school, postsecondary education, or career and technical education programming.
(3) Duration of the plan Each such State plan shall—
(A) remain in effect for the duration of the State’s participation under this part; and
(B) be periodically reviewed and revised by the State, as necessary, to reflect changes in the State’s strategies and programs under this part.
(b) Secretarial approval and peer review (1) Secretarial approval The Secretary shall approve each State plan that meets the requirements of this subpart.
(2) Peer review The Secretary may review any State plan with the assistance and advice of individuals with relevant expertise.
(c) State agency applications Any State agency that desires to receive funds to carry out a program under this subpart shall submit an application to the State educational agency that—
(1) describes the procedures to be used, consistent with the State plan under section 6311 of this title, to assess the educational needs of the children to be served under this subpart and, to the extent practicable, provide for such assessment upon entry into a correctional facility;
(2) provide an assurance that in making services available to children and youth in adult correctional institutions, priority will be given to such children and youth who are likely to complete incarceration within a 2-year period;
(3) describes the program, including a budget for the first year of the program, with annual updates to be provided to the State educational agency;
(4) describes how the program will meet the goals and objectives of the State plan;
(5) describes how the State agency will consult with experts and provide the necessary training for appropriate staff, to ensure that the planning and operation of institution-wide projects under section 6436 of this title are of high quality;
(6) describes how the State agency will use the results of the most recent evaluation under section 7981 of this title to plan and improve the program;
(7) includes data showing that the State agency has maintained the fiscal effort required of a local educational agency, in accordance with section 7901 of this title;
(8) describes how the programs will be coordinated with other appropriate State and Federal programs, such as programs under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.], career and technical education programs, State and local dropout prevention programs, and special education programs;
(9) describes how the State agency will encourage correctional facilities receiving funds under this subpart to coordinate with local educational agencies or alternative education programs attended by incarcerated children and youth prior to and after their incarceration to ensure that student assessments and appropriate academic records are shared jointly between the correctional facility and the local educational agency or alternative education program in order to facilitate the transition of such children and youth between the correctional facility and the local educational agency or alternative education program;
(10) describes how appropriate professional development will be provided to teachers and other staff;
(11) designates an individual in each affected correctional facility or institution for neglected or delinquent children and youth to be responsible for issues relating to the transition of such children and youth between such facility or institution and locally operated programs;
(12) describes how the State agency will endeavor to coordinate with businesses for training and mentoring for participating children and youth;
(13) provides an assurance that the State agency will assist in locating alternative programs through which students can continue their education if the students are not returning to school after leaving the correctional facility or institution for neglected or delinquent children and youth;
(14) provides assurances that the State agency will work with parents to secure parents’ assistance in improving the educational achievement of their children and youth, and preventing their children’s and youth’s further involvement in delinquent activities;
(15) provides an assurance that the State agency will work with children and youth with disabilities in order to meet an existing individualized education program and an assurance that the agency will notify the child’s or youth’s local school if the child or youth—
(A) is identified as in need of special education services while the child or youth is in the correctional facility or institution for neglected or delinquent children and youth; and
(B) intends to return to the local school;
(16) provides an assurance that the State agency will work with children and youth who dropped out of school before entering the correctional facility or institution for neglected or delinquent children and youth to encourage the children and youth to reenter school and attain a regular high school diploma once the term of the incarceration is completed or provide the child or youth with the skills necessary to gain employment, continue the education of the child or youth, or attain a regular high school diploma or its recognized equivalent if the child or youth does not intend to return to school;
(17) provides an assurance that certified or licensed teachers and other qualified staff are trained to work with children and youth with disabilities and other students with special needs taking into consideration the unique needs of such students;
(18) describes any additional services to be provided to children and youth, such as career counseling, distance learning, and assistance in securing student loans and grants;
(19) provides an assurance that the program under this subpart will be coordinated with any programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11101 et seq.] or other comparable programs, if applicable; and
(20) describes how the State agency will, to the extent feasible—
(A) note when a youth has come into contact with both the child welfare and juvenile justice systems; and
(B) deliver services and interventions designed to keep such youth in school that are evidence-based (to the extent a State determines that such evidence is reasonably available).
(Pub. L. 89–10, title I, § 1414, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1582; amended Pub. L. 114–95, title I, § 1401(3), Dec. 10, 2015, 129 Stat. 1900.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in subsec. (c)(8), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (c)(19), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, which is classified principally to chapter 111 (§ 11101 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of Title 34 and Tables.
Prior ProvisionsA prior section 6434, Pub. L. 89–10, title I, § 1414, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3593; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(18)(B), (f)(13)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–422, 2681–431, related to State plan and State agency applications, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a)(1)(B). Pub. L. 114–95, § 1401(3)(A)(i), substituted “between correctional facilities and locally operated programs” for “from correctional facilities to locally operated programs”. Subsec. (a)(2)(A). Pub. L. 114–95, § 1401(3)(A)(ii)(I), substituted “the program objectives and outcomes established by the State” for “the program goals, objectives, and performance measures established by the State” and “career” for “vocational”. Subsec. (a)(2)(B). Pub. L. 114–95, § 1401(3)(A)(ii)(II), struck out “and” after semicolon at end. Subsec. (a)(2)(C), (D). Pub. L. 114–95, § 1401(3)(A)(ii)(III)–(V), added subpar. (C), redesignated former subpar. (C) as (D), and in subpar. (D) in cl. (i) inserted “and” after semicolon at end, redesignated cl. (iii) as (ii), and struck out former cls. (ii) and (iv) which related to assurance that the agency would carry out the evaluation requirements of section 6471 of this title and provide such other information as the Secretary might reasonably require. Subsec. (a)(2)(E). Pub. L. 114–95, § 1401(3)(A)(ii)(VI), added subpar. (E). Subsec. (c)(1). Pub. L. 114–95, § 1401(3)(B)(i), inserted “and, to the extent practicable, provide for such assessment upon entry into a correctional facility” after “to be served under this subpart”. Subsec. (c)(6). Pub. L. 114–95, § 1401(3)(B)(ii), substituted “will use” for “will carry out the evaluation requirements of section 7941 of this title and how”, inserted “under section 7981 of this title” after “most recent evaluation”, and struck out “will be used” before “to plan and improve the program”. Subsec. (c)(7). Pub. L. 114–95, § 1401(3)(B)(iii), made technical amendment to reference in original act which appears in text as reference to section 7901 of this title. Subsec. (c)(8). Pub. L. 114–95, § 1401(3)(B)(iv), substituted “the Workforce Innovation and Opportunity Act” for “Public Law 105–220” and “career” for “vocational”. Subsec. (c)(9). Pub. L. 114–95, § 1401(3)(B)(v), inserted “and after” after “prior to” and “in order to facilitate the transition of such children and youth between the correctional facility and the local educational agency or alternative education program” before semicolon at end. Subsec. (c)(11). Pub. L. 114–95, § 1401(3)(B)(vi), substituted “transition of such children and youth between such facility or institution and locally operated programs” for “transition of children and youth from such facility or institution to locally operated programs”. Subsec. (c)(16). Pub. L. 114–95, § 1401(3)(B)(vii), inserted “and attain a regular high school diploma” after “reenter school” and substituted “or attain a regular high school diploma” for “or achieve a secondary school diploma”. Subsec. (c)(17). Pub. L. 114–95, § 1401(3)(B)(viii), inserted “certified or licensed” before “teachers”. Subsec. (c)(20). Pub. L. 114–95, § 1401(3)(B)(ix)–(xi), added par. (20).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
# 20 U.S.C. § 6435 - Use of funds
## Text
(a) Uses (1) In general A State agency shall use funds received under this subpart only for programs and projects that—
(A) are consistent with the State plan under section 6434(a) of this title; and
(B) concentrate on providing participants with the knowledge and skills needed to make a successful transition to secondary school completion, career and technical education, further education, or employment.
(2) Programs and projects Such programs and projects—
(A) may include—
(i) the acquisition of equipment;
(ii) pay-for-success initiatives; or
(iii) providing targeted services for youth who have come in contact with both the child welfare system and juvenile justice system;
(B) shall be designed to support educational services that—
(i) except for institution-wide projects under section 6436 of this title, are provided to children and youth identified by the State agency as failing, or most at-risk of failing, to meet the challenging State academic standards;
(ii) respond to the educational needs of such children and youth, including by supplementing and improving the quality of the educational services provided to such children and youth by the State agency; and
(iii) afford such children and youth an opportunity to meet challenging State academic standards; and
(C) shall be carried out in a manner consistent with section 6321 of this title and part F (as applied to programs and projects under this part).
(b) Supplement, not supplant A program under this subpart that supplements the number of hours of instruction students receive from State and local sources shall be considered to comply with the supplement, not supplant requirement of section 6321 of this title (as applied to this part) without regard to the subject areas in which instruction is given during those hours.
(Pub. L. 89–10, title I, § 1415, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1585; amended Pub. L. 114–95, title I, § 1401(4), Dec. 10, 2015, 129 Stat. 1902.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6435, Pub. L. 89–10, title I, § 1415, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3596, related to use of funds, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a)(1)(B). Pub. L. 114–95, § 1401(4)(A)(i), substituted “career and technical education” for “vocational or technical training”. Subsec. (a)(2)(A). Pub. L. 114–95, § 1401(4)(A)(ii)(I), added subpar. (A) and struck out former subpar (A) which read as follows: “may include the acquisition of equipment;”. Subsec. (a)(2)(B)(i). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(aa), substituted “the challenging State academic standards” for “the State’s challenging academic content standards and student academic achievement standards”. Subsec. (a)(2)(B)(ii). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(bb), substituted “respond to the educational needs of such children and youth, including by supplementing and improving the quality” for “supplement and improve the quality”. Subsec. (a)(2)(B)(iii). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(cc), substituted “challenging State academic standards” for “challenging State academic achievement standards” and inserted “and” after semicolon at end. Subsec. (a)(2)(C). Pub. L. 114–95, § 1401(4)(A)(ii)(III), made technical amendment to reference in original act which appears in text as reference to section 6321 of this title and substituted “part F” for “part I” and period for “; and” at end. Subsec. (a)(2)(D). Pub. L. 114–95, § 1401(4)(A)(ii)(IV), struck out subpar. (D) which read as follows: “may include the costs of meeting the evaluation requirements of section 7941 of this title.” Subsec. (b). Pub. L. 114–95, § 1401(4)(B), made technical amendment to reference in original act which appears in text as reference to section 6321 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6436 - Institution-wide projects
## Text
A State agency that provides free public education for children and youth in an institution for neglected or delinquent children and youth (other than an adult correctional institution) or attending a community-day program for such children and youth may use funds received under this subpart to serve all children in, and upgrade the entire educational effort of, that institution or program if the State agency has developed, and the State educational agency has approved, a comprehensive plan for that institution or program that—
(1) provides for a comprehensive assessment of the educational needs of all children and youth in the institution or program serving juveniles;
(2) provides for a comprehensive assessment of the educational needs of youth aged 20 and younger in adult facilities who are expected to complete incarceration within a 2-year period;
(3) describes the steps the State agency has taken, or will take, to provide all children and youth under age 21 with the opportunity to meet challenging State academic standards in order to improve the likelihood that the children and youth will attain a regular high school diploma or its recognized equivalent, or find employment after leaving the institution;
(4) describes the instructional program, specialized instructional support services, and procedures that will be used to meet the needs described in paragraph (1), including, to the extent feasible, the provision of mentors for the children and youth described in paragraph (1), and how relevant and appropriate academic records and plans regarding the continuation of educational services for such children or youth are shared jointly between the State agency operating the institution or program and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the State agency;
(5) specifically describes how such funds will be used;
(6) describes the measures and procedures that will be used to assess and improve student achievement;
(7) describes how the agency has planned, and will implement and evaluate, the institution-wide or program-wide project in consultation with personnel providing direct instructional services and support services in institutions or community-day programs for neglected or delinquent children and youth, and with personnel from the State educational agency; and
(8) includes an assurance that the State agency has provided for appropriate training for teachers and other instructional and administrative personnel to enable such teachers and personnel to carry out the project effectively.
(Pub. L. 89–10, title I, § 1416, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1585; amended Pub. L. 114–95, title I, § 1401(5), Dec. 10, 2015, 129 Stat. 1902.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6436, Pub. L. 89–10, title I, § 1416, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3596, related to institution-wide projects, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Par. (3). Pub. L. 114–95, § 1401(5)(A), substituted “challenging State academic standards” for “challenging State academic content standards and student academic achievement standards” and “will attain a regular high school diploma” for “will complete secondary school, attain a secondary diploma”. Par. (4). Pub. L. 114–95, § 1401(5)(B), substituted “specialized instructional support services” for “pupil services” and inserted “, and how relevant and appropriate academic records and plans regarding the continuation of educational services for such children or youth are shared jointly between the State agency operating the institution or program and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the State agency” before semicolon at end. Par. (6). Pub. L. 114–95, § 1401(5)(C), substituted “assess and improve student achievement” for “assess student progress”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
# 20 U.S.C. § 6437 - Three-year programs or projects
## Text
If a State agency operates a program or project under this subpart in which individual children or youth are likely to participate for more than 1 year, the State educational agency may approve the State agency’s application for a subgrant under this subpart for a period of not more than 3 years.
(Pub. L. 89–10, title I, § 1417, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1586.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6437, Pub. L. 89–10, title I, § 1417, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3597, related to three-year programs and projects, prior to the general amendment of this subchapter by Pub. L. 107–110.
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# 20 U.S.C. § 6438 - Transition services
## Text
(a) Transition services Each State agency shall reserve not less than 15 percent and not more than 30 percent of the amount such agency receives under this subpart for any fiscal year to support—
(1) projects that facilitate the transition of children and youth between State-operated institutions, or institutions in the State operated by the Secretary of the Interior, and schools served by local educational agencies or schools operated or funded by the Bureau of Indian Education; or
(2) the successful reentry of youth offenders, who are age 20 or younger and have received a regular high school diploma or its recognized equivalent, into postsecondary education, or career and technical training programs, through strategies designed to expose the youth to, and prepare the youth for, postsecondary education, or career and technical training programs, such as—
(A) preplacement programs that allow adjudicated or incarcerated youth to audit or attend courses on college, university, or community college campuses, or through programs provided in institutional settings;
(B) worksite schools, in which institutions of higher education and private or public employers partner to create programs to help students make a successful transition to postsecondary education and employment; and
(C) essential support services to ensure the success of the youth, such as—
(i) personal, career and technical, and academic, counseling;
(ii) placement services designed to place the youth in a university, college, or junior college program;
(iii) information concerning, and assistance in obtaining, available student financial aid;
(iv) counseling services; and
(v) job placement services.
(b) Conduct of projects A project supported under this section may be conducted directly by the State agency, or through a contract or other arrangement with one or more local educational agencies, other public agencies, or private nonprofit organizations.
(c) Rule of construction Nothing in this section shall be construed to prohibit a school that receives funds under subsection (a) from serving neglected and delinquent children and youth simultaneously with students with similar educational needs, in the same educational settings where appropriate.
(Pub. L. 89–10, title I, § 1418, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1586; amended Pub. L. 114–95, title I, § 1401(6), Dec. 10, 2015, 129 Stat. 1903.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6438, Pub. L. 89–10, title I, § 1418, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3597, related to transition services, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a)(1). Pub. L. 114–95, § 1401(6)(A), added par. (1) and struck out former par. (1) which read as follows: “projects that facilitate the transition of children and youth from State-operated institutions to schools served by local educational agencies; or”. Subsec. (a)(2). Pub. L. 114–95, § 1401(6)(B), substituted “regular high school diploma” for “secondary school diploma” in introductory provisions and substituted “career” for “vocational” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6439 - Technical assistance
## Text
The Secretary may reserve not more than 2.5 percent of the amount made available to carry out this subpart for a fiscal year to provide technical assistance to and support the capacity building of State agency programs assisted under this subpart.
(Pub. L. 89–10, title I, § 1419, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1587; amended Pub. L. 114–95, title I, § 1401(7), Dec. 10, 2015, 129 Stat. 1903.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 114–95, in section catchline, substituted “Technical assistance” for “Evaluation; technical assistance; annual model program” and, in text, substituted “for a fiscal year” for “for a fiscal year—”, struck out par. (2) designation before “to provide”, and struck out par. (1) which read as follows: “to develop a uniform model to evaluate the effectiveness of programs assisted under this subpart; and”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6451 - Purpose
## Text
The purpose of this subpart is to support the operation of local educational agency programs that involve collaboration with locally operated correctional facilities—
(1) to carry out high quality education programs to prepare children and youth for secondary school completion, training, employment, or further education;
(2) to provide activities to facilitate the transition of such children and youth from the correctional program to further education or employment; and
(3) to operate programs in local schools, including schools operated or funded by the Bureau of Indian Education, for children and youth returning from correctional facilities, and programs which may serve at-risk children and youth.
(Pub. L. 89–10, title I, § 1421, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1587; amended Pub. L. 114–95, title I, § 1401(8), Dec. 10, 2015, 129 Stat. 1903.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6451, Pub. L. 89–10, title I, § 1421, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3597, related to purpose of subpart, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Par. (3). Pub. L. 114–95 inserted “, including schools operated or funded by the Bureau of Indian Education,” after “local schools”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6452 - Programs operated by local educational agencies
## Text
(a) Local subgrants With funds made available under section 6422(b) of this title, the State educational agency shall award subgrants to local educational agencies with high numbers or percentages of children and youth residing in locally operated (including county operated) correctional facilities for children and youth (including facilities involved in community day programs).
(b) Special rule A local educational agency that serves a school operated by a correctional facility is not required to operate a program of support for children and youth returning from such school to a school that is not operated by a correctional agency but served by such local educational agency, if more than 30 percent of the children and youth attending the school operated by the correctional facility will reside outside the boundaries served by the local educational agency after leaving such facility.
(c) Notification A State educational agency shall notify local educational agencies within the State of the eligibility of such agencies to receive a subgrant under this subpart.
(d) Transitional and academic services Transitional and supportive programs operated in local educational agencies under this subpart shall be designed primarily to meet the transitional and academic needs of students returning to local educational agencies or alternative education programs from correctional facilities. Services to students at-risk of dropping out of school shall not have a negative impact on meeting such transitional and academic needs of the students returning from correctional facilities.
(Pub. L. 89–10, title I, § 1422, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1587; amended Pub. L. 114–95, title I, § 1401(9), Dec. 10, 2015, 129 Stat. 1903.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6452, Pub. L. 89–10, title I, § 1422, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3598, related to programs operated by local educational agencies, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (d). Pub. L. 114–95 substituted “impact on meeting such transitional” for “impact on meeting the transitional”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6453 - Local educational agency applications
## Text
Each local educational agency desiring assistance under this subpart shall submit an application to the State educational agency that contains such information as the State educational agency may require. Each such application shall include—
(1) a description of the program to be assisted;
(2) a description of formal agreements, regarding the program to be assisted, between—
(A) the local educational agency; and
(B) correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system, including such facilities operated by the Secretary of the Interior and Indian tribes;
(3) as appropriate, a description of how participating schools will coordinate with facilities working with delinquent children and youth to ensure that such children and youth are participating in an education program comparable to one operating in the local school such youth would attend;
(4) a description of the program operated by participating schools to facilitate the successful transition of children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such children and youth and other at-risk children and youth;
(5) a description of the characteristics (including learning difficulties, substance abuse problems, and other special needs) of the children and youth who will be returning from correctional facilities and, as appropriate, other at-risk children and youth expected to be served by the program, and a description of how the school will coordinate existing educational programs to meet the unique educational needs of such children and youth;
(6) as appropriate, a description of how schools will coordinate with existing social, health, and other services to meet the needs of students returning from correctional facilities, at-risk children or youth, and other participating children or youth, including prenatal health care and nutrition services related to the health of the parent and the child or youth, parenting and child development classes, child care, targeted reentry and outreach programs, referrals to community resources, and scheduling flexibility;
(7) as appropriate, a description of any partnerships with institutions of higher education or local businesses to facilitate postsecondary and workforce success for children and youth returning from correctional facilities, such as through participation in credit-bearing coursework while in secondary school, enrollment in postsecondary education, participation in career and technical education programming, and mentoring services for participating students;
(8) as appropriate, a description of how the program will involve parents and family members in efforts to improve the educational achievement of their children, assist in dropout prevention activities, and prevent the involvement of their children in delinquent activities;
(9) a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.] and career and technical education programs serving at-risk children and youth;
(10) a description of how the program will be coordinated with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11101 et seq.] and other comparable programs, if applicable;
(11) as appropriate, a description of how schools will work with probation officers to assist in meeting the needs of children and youth returning from correctional facilities;
(12) a description of the efforts participating schools will make to ensure correctional facilities working with children and youth are aware of a child’s or youth’s existing individualized education program; and
(13) as appropriate, a description of the steps participating schools will take to find alternative placements for children and youth interested in continuing their education but unable to participate in a traditional public school program.
(Pub. L. 89–10, title I, § 1423, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1588; amended Pub. L. 113–128, title V, § 512(i)(3), July 22, 2014, 128 Stat. 1708; Pub. L. 114–95, title I, § 1401(10), Dec. 10, 2015, 129 Stat. 1903.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in par. (9), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in par. (10), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, which is classified principally to chapter 111 (§ 11101 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of Title 34 and Tables.
Prior ProvisionsA prior section 6453, Pub. L. 89–10, title I, § 1423, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3598; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(18)(C), (f)(13)(C)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–422, 2681–431, related to local educational agency applications, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Par. (2)(B). Pub. L. 114–95, § 1401(10)(A), inserted “, including such facilities operated by the Secretary of the Interior and Indian tribes” after “juvenile justice system”. Par. (4). Pub. L. 114–95, § 1401(10)(B), added par. (4) and struck out former par. (4) which read as follows: “a description of the program operated by participating schools for children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such children and youth and other at-risk children and youth;”. Par. (7). Pub. L. 114–95, § 1401(10)(C), inserted “institutions of higher education or” before “local businesses” and substituted “facilitate postsecondary and workforce success for children and youth returning from correctional facilities, such as through participation in credit-bearing coursework while in secondary school, enrollment in postsecondary education, participation in career and technical education programming” for “develop training, curriculum-based youth entrepreneurship education”. Par. (8). Pub. L. 114–95, § 1401(10)(D), inserted “and family members” after “parents”. Par. (9). Pub. L. 114–95, § 1401(10)(E), substituted “career” for “vocational”. Par. (13). Pub. L. 114–95, § 1401(10)(F), substituted “traditional” for “regular”. 2014—Par. (9). Pub. L. 113–128 substituted “a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of the Workforce Innovation and Opportunity Act” for “a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of Public Law 105–220”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
Effective Date of 2014 AmendmentAmendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 20 U.S.C. § 6454 - Uses of funds
## Text
(a) In general Funds provided to local educational agencies under this subpart may be used, as appropriate, for—
(1) programs that serve children and youth returning to local schools from correctional facilities, to assist in the transition of such children and youth to the school environment and help them remain in school in order to complete their education;
(2) dropout prevention programs which serve at-risk children and youth;
(3) the coordination of health and social services for such individuals if there is a likelihood that the provision of such services, including day care, drug and alcohol counseling, and mental health services, will improve the likelihood such individuals will complete their education;
(4) special programs to meet the unique academic needs of participating children and youth, including career and technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education;
(5) programs providing mentoring and peer mediation;
(6) programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes; and
(7) pay for success initiatives.
(b) Contracts and grants A local educational agency may use a subgrant received under this subpart to carry out the activities described under paragraphs (1) through (7) of subsection (a) directly or through subgrants, contracts, or cooperative agreements.
(Pub. L. 89–10, title I, § 1424, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1589; amended Pub. L. 114–95, title I, § 1401(11), Dec. 10, 2015, 129 Stat. 1904.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6454, Pub. L. 89–10, title I, § 1424, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3599, related to uses of funds, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Pub. L. 114–95, § 1401(11)(A), designated existing provisions as subsec. (a) and inserted subsec. heading. Subsec. (a)(2). Pub. L. 114–95, § 1401(11)(B), struck out “, including pregnant and parenting teens, children and youth who have come in contact with the juvenile justice system, children and youth at least 1 year behind their expected grade level, migrant youth, immigrant youth, students with limited English proficiency, and gang members” after “at-risk children and youth”. Subsec. (a)(4). Pub. L. 114–95, § 1401(11)(C)(i), substituted “career” for “vocational”. Subsec. (a)(6), (7). Pub. L. 114–95, § 1401(11)(C)(ii)–(E), added pars. (6) and (7). Subsec. (b). Pub. L. 114–95, § 1401(11)(F), added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6455 - Program requirements for correctional facilities receiving funds under this section
## Text
Each correctional facility entering into an agreement with a local educational agency under section 6453(2) of this title to provide services to children and youth under this subpart shall—
(1) where feasible, ensure that educational programs in the correctional facility are coordinated with the student’s home school, particularly with respect to a student with an individualized education program under part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.];
(2) if the child or youth is identified as in need of special education services while in the correctional facility, notify the local school of the child or youth of such need;
(3) where feasible, provide transition assistance to help the child or youth stay in school, including coordination of services for the family, counseling, assistance in accessing drug and alcohol abuse prevention programs, tutoring, and family counseling;
(4) provide support programs that encourage children and youth who have dropped out of school to reenter school and attain a regular high school diploma once their term at the correctional facility has been completed, or provide such children and youth with the skills necessary to gain employment or seek a regular high school diploma or its recognized equivalent;
(5) work to ensure that the correctional facility is staffed with teachers and other qualified staff who are trained to work with children and youth with disabilities taking into consideration the unique needs of such children and youth;
(6) ensure that educational programs in the correctional facility are related to assisting students to meet the challenging State academic standards;
(7) to the extent possible, use technology to assist in coordinating educational programs between the correctional facility and the community school;
(8) where feasible, involve parents in efforts to improve the educational achievement of their children and prevent the further involvement of such children in delinquent activities;
(9) coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.], and career and technical education funds;
(10) coordinate programs operated under this subpart with activities funded under the Juvenile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11101 et seq.] and other comparable programs, if applicable;
(11) if appropriate, work with local businesses to develop training, curriculum-based youth entrepreneurship education, and mentoring programs for children and youth;
(12) upon the child’s or youth’s entry into the correctional facility, work with the child’s or youth’s family members and the local educational agency that most recently provided services to the child or youth (if applicable) to ensure that the relevant and appropriate academic records and plans regarding the continuation of educational services for such child or youth are shared jointly between the correctional facility and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the correctional facility; and
(13) consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement.
(Pub. L. 89–10, title I, § 1425, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1589; amended Pub. L. 113–128, title V, § 512(i)(4), July 22, 2014, 128 Stat. 1708; Pub. L. 114–95, title I, § 1401(12), Dec. 10, 2015, 129 Stat. 1904.)
## Notes
Editorial Notes
References in TextThe Individuals with Disabilities Education Act, referred to in par. (1), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part B of the Act is classified generally to subchapter II (§ 1411 et seq.) of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. The Workforce Innovation and Opportunity Act, referred to in par. (9), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subtitle I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in par. (10), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, which is classified principally to chapter 111 (§ 11101 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of Title 34 and Tables.
Prior ProvisionsA prior section 6455, Pub. L. 89–10, title I, § 1425, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3599; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(18)(D), (f)(13)(D)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–422, 2681–431, related to program requirements for correctional facilities receiving funds, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Par. (4). Pub. L. 114–95, § 1401(12)(A), inserted “and attain a regular high school diploma” after “reenter school” and substituted “seek a regular high school diploma” for “seek a secondary school diploma”. Par. (6). Pub. L. 114–95, § 1401(12)(B), substituted “the challenging State academic standards” for “high academic achievement standards”. Par. (9). Pub. L. 114–95, § 1401(12)(C), substituted “career” for “vocational”. Pars. (12), (13). Pub. L. 114–95, § 1401(12)(D)–(F), added pars. (12) and (13). 2014—Par. (9). Pub. L. 113–128 substituted “coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of the Workforce Innovation and Opportunity Act,” for “coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of Public Law 105–220,”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
Effective Date of 2014 AmendmentAmendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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---
# 20 U.S.C. § 6456 - Accountability
## Text
The State educational agency may—
(1) reduce or terminate funding for projects under this subpart if a local educational agency does not show progress in the number of children and youth attaining a regular high school diploma or its recognized equivalent; and
(2) require correctional facilities or institutions for neglected or delinquent children and youth to demonstrate, after receiving assistance under this subpart for 3 years, that there has been an increase in the number of children and youth returning to school, attaining a regular high school diploma or its recognized equivalent, or attaining employment after such children and youth are released.
(Pub. L. 89–10, title I, § 1426, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1590; amended Pub. L. 114–95, title I, § 1401(13), Dec. 10, 2015, 129 Stat. 1905.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6456, Pub. L. 89–10, title I, § 1426, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3600, related to accountability, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Par. (1). Pub. L. 114–95, § 1401(13)(A), substituted “the number of children and youth attaining a regular high school diploma or its recognized equivalent” for “reducing dropout rates for male students and for female students over a 3-year period”. Par. (2). Pub. L. 114–95, § 1401(13)(B), substituted “attaining a regular high school diploma” for “obtaining a secondary school diploma” and “attaining employment” for “obtaining employment”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6471 - Program evaluations
## Text
(a) Scope of evaluation Each State agency or local educational agency that conducts a program under subpart 1 or 2 of this part shall evaluate the program, disaggregating data on participation by gender, race, ethnicity, and age while protecting individual student privacy,,11 So in original. not less than once every 3 years, to determine the program’s impact on the ability of participants—
(1) to maintain and improve educational achievement and to graduate from high school in the number of years established by the State under either the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate, if applicable;
(2) to accrue school credits that meet State requirements for grade promotion and high school graduation;
(3) to make the transition to a regular program or other education program operated by a local educational agency or school operated or funded by the Bureau of Indian Education;
(4) to complete high school (or high school equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children and youth; and
(5) as appropriate, to participate in postsecondary education and job training programs.
(b) Exception The disaggregation required under subsection (a) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.
(c) Evaluation measures In conducting each evaluation under subsection (a), a State agency or local educational agency shall use multiple and appropriate measures of student progress.
(d) Evaluation results Each State agency and local educational agency shall—
(1) submit evaluation results to the State educational agency and the Secretary; and
(2) use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth.
(Pub. L. 89–10, title I, § 1431, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1591; amended Pub. L. 114–95, title I, § 1401(14), Dec. 10, 2015, 129 Stat. 1905.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6471, Pub. L. 89–10, title I, § 1431, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3600, related to program evaluations, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1431 of Pub. L. 89–10 was classified to section 2831 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Amendments2015—Subsec. (a). Pub. L. 114–95, § 1401(14)(A), (B), inserted “while protecting individual student privacy,” after “age” in introductory provisions and substituted “high school” for “secondary school” wherever appearing. Subsec. (a)(1). Pub. L. 114–95, § 1401(14)(C), inserted “and to graduate from high school in the number of years established by the State under either the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate, if applicable” after “educational achievement”. Subsec. (a)(3). Pub. L. 114–95, § 1401(14)(D), inserted “or school operated or funded by the Bureau of Indian Education” after “local educational agency”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6472 - Definitions
## Text
In this part:
(1) Adult correctional institution The term “adult correctional institution” means a facility in which persons (including persons under 21 years of age) are confined as a result of a conviction for a criminal offense.
(2) At-risk The term “at-risk”, when used with respect to a child, youth, or student, means a school aged individual who is at-risk of academic failure, dependency adjudication, or delinquency adjudication, has a drug or alcohol problem, is pregnant or is a parent, has come into contact with the juvenile justice system or child welfare system in the past, is at least 1 year behind the expected grade level for the age of the individual, is an English learner, is a gang member, has dropped out of school in the past, or has a high absenteeism rate at school.
(3) Community day program The term “community day program” means a regular program of instruction provided by a State agency at a community day school operated specifically for neglected or delinquent children and youth.
(4) Institution for neglected or delinquent children and youth The term “institution for neglected or delinquent children and youth” means—
(A) a public or private residential facility, other than a foster home, that is operated for the care of children who have been committed to the institution or voluntarily placed in the institution under applicable State law, due to abandonment, neglect, or death of their parents or guardians; or
(B) a public or private residential facility for the care of children who have been adjudicated to be delinquent or in need of supervision.
(Pub. L. 89–10, title I, § 1432, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1591; amended Pub. L. 114–95, title I, § 1401(15), Dec. 10, 2015, 129 Stat. 1905.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6472, Pub. L. 89–10, title I, § 1432, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3601, defined terms for this part, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1432 of Pub. L. 89–10 was classified to section 2832 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Amendments2015—Par. (2). Pub. L. 114–95 inserted “dependency adjudication, or delinquency adjudication,” after “failure,”, inserted “or child welfare system” after “juvenile justice system”, and substituted “is an English learner” for “has limited English proficiency”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
# 20 U.S.C. § 6571 - Federal regulations
## Text
(a) In general The Secretary may issue, in accordance with subsections (b) through (d) and subject to section 6311(e) of this title, such regulations as are necessary to reasonably ensure that there is compliance with this subchapter.
(b) Negotiated rulemaking process (1) In general Before publishing in the Federal Register proposed regulations to carry out this subchapter, the Secretary shall obtain the advice and recommendations of representatives of Federal, State, and local administrators, parents, teachers, principals, other school leaders (including charter school leaders), paraprofessionals, and members of local school boards and other organizations involved with the implementation and operation of programs under this subchapter.
(2) Meetings and electronic exchange Such advice and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information. Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.
(3) Proposed regulations After obtaining such advice and recommendations, and before publishing proposed regulations, the Secretary shall—
(A) establish a negotiated rulemaking process on, at a minimum, standards, assessments under section 6311(b)(2) of this title, and the requirement under section 6321 of this title that funds under part A be used to supplement, and not supplant, State and local funds;
(B) select individuals to participate in such process from among individuals or groups that provided advice and recommendations, including representation from all geographic regions of the United States, in such numbers as will provide an equitable balance between representatives of parents and students and representatives of educators and education officials; and
(C) prepare a draft of proposed policy options that shall be provided to the individuals selected by the Secretary under subparagraph (B) not less than 15 days before the first meeting under such process.
(4) Process Such process—
(A) shall not be subject to chapter 10 of title 5; and
(B) shall, unless otherwise provided as described in subsection (c), follow the provisions of subchapter III of chapter 5 of title V 11 So in original. Probably should be “5”. (commonly known as the “Negotiated Rulemaking Act of 1990”).
(c) Alternative process for certain exceptions If consensus, as defined in section 562 of title 5, on any proposed regulation is not reached by the individuals selected under subsection (b)(3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process is unnecessary, the Secretary may propose a regulation in the following manner:
(1) Notice to Congress Not less than 15 business days prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include—
(A) a copy of the proposed regulation;
(B) the need to issue the regulation;
(C) the anticipated burden, including the time, cost, and paperwork burden, the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation;
(D) the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and
(E) any regulations that will be repealed when the new regulation is issued.
(2) Comment period for Congress The Secretary shall—
(A) before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and
(B) include and seek to address all comments submitted by Congress in the public rulemaking record for the regulation published in the Federal Register.
(3) Comment and review period; emergency situations The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall—
(A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1);
(B) publish the length of the comment and review period in such notice and in the Federal Register; and
(C) conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation.
(d) Limitation Regulations to carry out this subchapter may not require local programs to follow a particular instructional model, such as the provision of services outside the regular classroom or school program.
(e) Rule of construction Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the “Administrative Procedure Act”) or chapter 8 of title 5 (commonly known as the “Congressional Review Act”).
(Pub. L. 89–10, title I, § 1601, formerly § 1901, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1617; renumbered § 1601 and amended Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(a), Dec. 10, 2015, 129 Stat. 1906, 1910; Pub. L. 117–286, § 4(a)(152), Dec. 27, 2022, 136 Stat. 4322.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1601 of Pub. L. 89–10 was classified to section 6511 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1601 of Pub. L. 89–10 was classified to section 6511 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2022—Subsec. (b)(4)(A). Pub. L. 117–286 substituted “chapter 10 of title 5;” for “the Federal Advisory Committee Act (5 U.S.C. App.);”. 2015—Subsec. (a). Pub. L. 114–95, § 1601(a)(1), inserted “, in accordance with subsections (b) through (d) and subject to section 6311(e) of this title,” after “may issue”. Subsec. (b)(1). Pub. L. 114–95, § 1601(a)(2)(A), inserted “principals, other school leaders (including charter school leaders),” after “teachers,”. Subsec. (b)(2). Pub. L. 114–95, § 1601(a)(2)(B), inserted at end “Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.” Subsec. (b)(3)(A). Pub. L. 114–95, § 1601(a)(2)(C), substituted “standards, assessments under section 6311(b)(2) of this title, and the requirement under section 6321 of this title that funds under part A be used to supplement, and not supplant, State and local funds” for “standards and assessments”. Subsec. (b)(4). Pub. L. 114–95, § 1601(a)(2)(D), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “Such process— “(A) shall be conducted in a timely manner to ensure that final regulations are issued by the Secretary not later than 1 year after January 8, 2002; and “(B) shall not be subject to the Federal Advisory Committee Act, but shall otherwise follow the provisions of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).” Subsec. (b)(5). Pub. L. 114–95, § 1601(a)(2)(E), struck out par. (5). Text read as follows: “In an emergency situation in which regulations to carry out this subchapter must be issued within a very limited time to assist State educational agencies and local educational agencies with the operation of a program under this subchapter, the Secretary may issue proposed regulations without following such process but shall, immediately thereafter and before issuing final regulations, conduct regional meetings to review such proposed regulations.” Subsecs. (c), (d). Pub. L. 114–95, § 1601(a)(3)–(5), added subsec. (c), redesignated former subsec. (c) as (d), and in subsec. (d) substituted “this subchapter” for “this part”. Subsec. (e). Pub. L. 114–95, § 1601(a)(6), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6572 - Agreements and records
## Text
(a) Agreements In any case in which a negotiated rulemaking process is established under section 6571(b) of this title, all published proposed regulations shall conform to agreements that result from the rulemaking described in section 6571 of this title unless the Secretary reopens the negotiated rulemaking process.
(b) Records The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
(Pub. L. 89–10, title I, § 1602, formerly § 1902, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1618; renumbered § 1602 and amended Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(b), Dec. 10, 2015, 129 Stat. 1906, 1912.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1602 of Pub. L. 89–10 was classified to section 6512 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1602 of Pub. L. 89–10 was classified to section 6512 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a). Pub. L. 114–95, § 1601(b), amended subsec. (a) generally. Prior to amendment, text read as follows: “All published proposed regulations shall conform to agreements that result from negotiated rulemaking described in section 6571 of this title unless the Secretary reopens the negotiated rulemaking process or provides a written explanation to the participants involved in the process explaining why the Secretary decided to depart from, and not adhere to, such agreements.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
# 20 U.S.C. § 6573 - State administration
## Text
(a) Rulemaking (1) In general Each State that receives funds under this subchapter shall—
(A) ensure that any State rules, regulations, and policies relating to this subchapter conform to the purposes of this subchapter and provide any such proposed rules, regulations, and policies to the committee of practitioners created under subsection (b) for review and comment;
(B) minimize such rules, regulations, and policies to which the State’s local educational agencies and schools are subject;
(C) eliminate or modify State and local fiscal accounting requirements in order to facilitate the ability of schools to consolidate funds under schoolwide programs;
(D) identify any such rule, regulation, or policy as a State-imposed requirement; and
(E) (i) identify any duplicative or contrasting requirements between the State and Federal rules or regulations; and
(ii) eliminate the State rules and regulations that are duplicative of Federal requirements.
(2) Support and facilitation State rules, regulations, and policies under this subchapter shall support and facilitate local educational agency and school-level systemic reform designed to enable all children to meet the challenging State academic standards.
(b) Committee of practitioners (1) In general Each State educational agency that receives funds under this subchapter shall create a State committee of practitioners to advise the State in carrying out its responsibilities under this subchapter.
(2) Membership Each such committee shall include—
(A) as a majority of its members, representatives from local educational agencies;
(B) administrators, including the administrators of programs described in other parts of this subchapter;
(C) teachers from traditional public schools and charter schools (if there are charter schools in the State) and career and technical educators;
(D) principals and other school leaders;
(E) parents;
(F) members of local school boards;
(G) representatives of private school children;
(H) specialized instructional support personnel and paraprofessionals;
(I) representatives of authorized public chartering agencies (if there are charter schools in the State); and
(J) charter school leaders (if there are charter schools in the State).
(3) Duties The duties of such committee shall include a review, before publication, of any proposed or final State rule or regulation pursuant to this subchapter. In an emergency situation where such rule or regulation must be issued within a very limited time to assist local educational agencies with the operation of the program under this subchapter, the State educational agency may issue a regulation without prior consultation, but shall immediately thereafter convene the State committee of practitioners to review the emergency regulation before issuance in final form.
(Pub. L. 89–10, title I, § 1603, formerly § 1903, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1618; renumbered § 1603 and amended Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(c), Dec. 10, 2015, 129 Stat. 1906, 1912.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1603 of Pub. L. 89–10 was classified to section 6513 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1603 of Pub. L. 89–10 was classified to section 6513 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a)(1)(E). Pub. L. 114–95, § 1601(c)(1)(A), added subpar. (E). Subsec. (a)(2). Pub. L. 114–95, § 1601(c)(1)(B), substituted “the challenging State academic standards” for “the challenging State student academic achievement standards”. Subsec. (b)(2)(C) to (J). Pub. L. 114–95, § 1601(c)(2), added subpars. (C) to (J) and struck out former subpars. (C) to (G) which read as follows: “(C) teachers, including vocational educators; “(D) parents; “(E) members of local school boards; “(F) representatives of private school children; and “(G) pupil services personnel.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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---
type: "LegalText"
title: "20 U.S.C. § 6574"
description: "Repealed. Pub. L. 113–188, title IX, § 901(a), Nov. 26, 2014, 128 Stat. 2020"
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citation: "20 U.S.C. § 6574"
status: "current"
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---
# 20 U.S.C. § 6574 - Repealed. Pub. L. 113–188, title IX, § 901(a), Nov. 26, 2014, 128 Stat. 2020
## Notes
Section, Pub. L. 89–10, title I, § 1904, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1619, related to annual local educational agency spending audits and reports.
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---
type: "LegalText"
title: "20 U.S.C. § 6575"
description: "Prohibition against Federal mandates, direction, or control"
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title_number: 20
title_name: "EDUCATION"
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section: "6575"
citation: "20 U.S.C. § 6575"
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---
# 20 U.S.C. § 6575 - Prohibition against Federal mandates, direction, or control
## Text
Nothing in this subchapter shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction.
(Pub. L. 89–10, title I, § 1604, formerly § 1905, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1619; renumbered § 1604, Pub. L. 114–95, title I, § 1501(a)(5), Dec. 10, 2015, 129 Stat. 1906.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1604 of Pub. L. 89–10 was classified to section 6514 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1604 of Pub. L. 89–10 was classified to section 6514 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
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---
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citation: "20 U.S.C. § 6576"
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---
# 20 U.S.C. § 6576 - Rule of construction on equalized spending
## Text
Nothing in this subchapter shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school.
(Pub. L. 89–10, title I, § 1605, formerly § 1906, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1619; renumbered § 1605, Pub. L. 114–95, title I, § 1501(a)(5), Dec. 10, 2015, 129 Stat. 1906.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1605 of Pub. L. 89–10 was classified to section 6515 of this title, prior to repeal by Pub. L. 114–95.
legal/us/code/title-20/chapter-70/section-6601.md
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---
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---
# 20 U.S.C. § 6601 - Purpose
## Text
The purpose of this subchapter is to provide grants to State educational agencies and subgrants to local educational agencies to—
(1) increase student achievement consistent with the challenging State academic standards;
(2) improve the quality and effectiveness of teachers, principals, and other school leaders;
(3) increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and
(4) provide low-income and minority students greater access to effective teachers, principals, and other school leaders.
(Pub. L. 89–10, title II, § 2001, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1914.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6601, Pub. L. 89–10, title II, § 2101, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1620, set forth purpose of part A of former subchapter II of this chapter, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. Another prior section 6601, Pub. L. 89–10, title II, § 2001, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3612, set forth findings, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 2001 of Pub. L. 89–10 was classified to section 2981 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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citation: "20 U.S.C. § 6602"
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---
# 20 U.S.C. § 6602 - Definitions
## Text
In this subchapter:
(1) School leader residency program The term “school leader residency program” means a school-based principal or other school leader preparation program in which a prospective principal or other school leader—
(A) for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and an opportunity to practice and be evaluated in an authentic school setting; and
(B) during that academic year—
(i) participates in evidence-based coursework, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, that is integrated with the clinical residency experience; and
(ii) receives ongoing support from a mentor principal or other school leader, who is effective.
(2) State The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(3) State authorizer The term “State authorizer” means an entity designated by the Governor of a State to recognize teacher, principal, or other school leader preparation academies within the State that—
(A) enters into an agreement with a teacher, principal, or other school leader preparation academy that specifies the goals expected of the academy, as described in paragraph (4)(A)(i);
(B) may be a nonprofit organization, State educational agency, or other public entity, or consortium of such entities (including a consortium of States); and
(C) does not reauthorize a teacher, principal, or other school leader preparation academy if the academy fails to produce the minimum number or percentage of effective teachers or principals or other school leaders, respectively (as determined by the State), identified in the academy’s authorizing agreement.
(4) Teacher, principal, or other school leader preparation academy The term “teacher, principal, or other school leader preparation academy” means a public or other nonprofit entity, which may be an institution of higher education or an organization affiliated with an institution of higher education, that establishes an academy that will prepare teachers, principals, or other school leaders to serve in high-needs schools, and that—
(A) enters into an agreement with a State authorizer that specifies the goals expected of the academy, including—
(i) a requirement that prospective teachers, principals, or other school leaders who are enrolled in the academy receive a significant part of their training through clinical preparation that partners the prospective candidate with an effective teacher, principal, or other school leader, as determined by the State, respectively, with a demonstrated record of increasing student academic achievement, including for the subgroups of students defined in section 6311(c)(2) of this title, while also receiving concurrent instruction from the academy in the content area (or areas) in which the prospective teacher, principal, or other school leader will become certified or licensed that links to the clinical preparation experience;
(ii) the number of effective teachers, principals, or other school leaders, respectively, who will demonstrate success in increasing student academic achievement that the academy will prepare; and
(iii) a requirement that the academy will award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) to a teacher only after the teacher demonstrates that the teacher is an effective teacher, as determined by the State, with a demonstrated record of increasing student academic achievement either as a student teacher or teacher-of-record on an alternative certificate, license, or credential;
(iv) a requirement that the academy will award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) to a principal or other school leader only after the principal or other school leader demonstrates a record of success in improving student performance; and
(v) timelines for producing cohorts of graduates and conferring certificates of completion (or degrees, if the academy is, or is affiliated with, an institution of higher education) from the academy;
(B) does not have unnecessary restrictions on the methods the academy will use to train prospective teacher, principal, or other school leader candidates, including—
(i) obligating (or prohibiting) the academy’s faculty to hold advanced degrees or conduct academic research;
(ii) restrictions related to the academy’s physical infrastructure;
(iii) restrictions related to the number of course credits required as part of the program of study;
(iv) restrictions related to the undergraduate coursework completed by teachers teaching or working on alternative certificates, licenses, or credentials, as long as such teachers have successfully passed all relevant State-approved content area examinations; or
(v) restrictions related to obtaining accreditation from an accrediting body for purposes of becoming an academy;
(C) limits admission to its program to prospective teacher, principal, or other school leader candidates who demonstrate strong potential to improve student academic achievement, based on a rigorous selection process that reviews a candidate’s prior academic achievement or record of professional accomplishment; and
(D) results in a certificate of completion or degree that the State may, after reviewing the academy’s results in producing effective teachers, or principals, or other school leaders, respectively (as determined by the State) recognize as at least the equivalent of a master’s degree in education for the purposes of hiring, retention, compensation, and promotion in the State.
(5) Teacher residency program The term “teacher residency program” means a school-based teacher preparation program in which a prospective teacher—
(A) for not less than 1 academic year, teaches alongside an effective teacher, as determined by the State or local educational agency, who is the teacher of record for the classroom;
(B) receives concurrent instruction during the year described in subparagraph (A)—
(i) through courses that may be taught by local educational agency personnel or by faculty of the teacher preparation program; and
(ii) in the teaching of the content area in which the teacher will become certified or licensed; and
(C) acquires effective teaching skills, as demonstrated through completion of a residency program, or other measure determined by the State, which may include a teacher performance assessment.
(Pub. L. 89–10, title II, § 2002, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1914.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6602, Pub. L. 89–10, title II, § 2102, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1620, defined terms in part A of former subchapter II of this chapter, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. Another prior section 6602, Pub. L. 89–10, title II, § 2002, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3613, set forth purposes of this subchapter, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 2002 of Pub. L. 89–10 was classified to section 2982 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6603 - Authorization of appropriations
## Text
(a) Grants to States and local educational agencies For the purpose of carrying out part A, there are authorized to be appropriated $2,295,830,000 for each of fiscal years 2017 through 2020.
(b) National activities For the purpose of carrying out part B, there are authorized to be appropriated—
(1) $468,880,575 for each of fiscal years 2017 and 2018;
(2) $469,168,000 for fiscal year 2019; and
(3) $489,168,000 for fiscal year 2020.
(Pub. L. 89–10, title II, § 2003, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1916.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6603, Pub. L. 89–10, title II, § 2103, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1621, related to authorizations of appropriations, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. Another prior section 6603, Pub. L. 89–10, title II, § 2003, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3614; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(b)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–406, authorized appropriations and related to allocations of appropriations, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 2003 of Pub. L. 89–10 was classified to section 2983 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6611 - Formula grants to States
## Text
(a) Reservation of funds From the total amount appropriated under section 6603(a) of this title for a fiscal year, the Secretary shall reserve—
(1) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this subchapter; and
(2) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education.
(b) State allotments (1) Hold harmless (A) Fiscal years 2017 through 2022 For each of fiscal years 2017 through 2022, subject to paragraph (2) and subparagraph (C), from the funds appropriated under section 6603(a) of this title for a fiscal year that remain after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State an amount equal to the total amount that such State received for fiscal year 2001 under—
(i) section 2202(b) of this Act (as in effect on the day before January 8, 2002); and
(ii) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554).
(B) Ratable reduction If the funds described in subparagraph (A) are insufficient to pay the full amounts that all States are eligible to receive under subparagraph (A) for any fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year.
(C) Percentage reduction For each of fiscal years 2017 through 2022, the amount in subparagraph (A) shall be reduced by a percentage equal to the product of 14.29 percent and the number of years between the fiscal year for which the determination is being made and fiscal year 2016.
(2) Allotment of additional funds (A) In general Subject to subparagraph (B), for any fiscal year for which the funds appropriated under section 6603(a) of this title and not reserved under subsection (a) exceed the total amount required to make allotments under paragraph (1), the Secretary shall allot to each State the sum of—
(i) for fiscal year 2017—
(I) an amount that bears the same relationship to 35 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and
(II) an amount that bears the same relationship to 65 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined;
(ii) for fiscal year 2018—
(I) an amount that bears the same relationship to 30 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and
(II) an amount that bears the same relationship to 70 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined;
(iii) for fiscal year 2019—
(I) an amount that bears the same relationship to 25 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and
(II) an amount that bears the same relationship to 75 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and
(iv) for fiscal year 2020 through fiscal year 2022—
(I) an amount that bears the same relationship to 20 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and
(II) an amount that bears the same relationship to 80 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined.
(B) Exception No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total excess amount allotted under such subparagraph for a fiscal year.
(3) Fiscal year 2023 and succeeding fiscal years For fiscal year 2023 and each of the succeeding fiscal years—
(A) the Secretary shall allot funds appropriated under section 6603(a) of this title and not reserved under subsection (a) to each State in accordance with paragraph (2)(A)(iv); and
(B) the amount appropriated but not reserved shall be treated as the excess amount.
(4) Reallotment If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the remaining States in accordance with this subsection.
(c) State uses of funds (1) In general Except as provided under paragraph (3), each State that receives an allotment under subsection (b) for a fiscal year shall reserve not less than 95 percent of such allotment to make subgrants to local educational agencies for such fiscal year, as described in section 6612 of this title.
(2) State administration A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this part.
(3) Principals or other school leaders Notwithstanding paragraph (1) and in addition to funds otherwise available for activities under paragraph (4), a State educational agency may reserve not more than 3 percent of the amount reserved for subgrants to local educational agencies under paragraph (1) for one or more of the activities for principals or other school leaders that are described in paragraph (4).
(4) State activities (A) In general The State educational agency for a State that receives an allotment under subsection (b) may use funds not reserved under paragraph (1) to carry out 1 or more of the activities described in subparagraph (B), which may be implemented in conjunction with a State agency of higher education (if such agencies are separate) and carried out through a grant or contract with a for-profit or nonprofit entity, including an institution of higher education.
(B) Types of State activities The activities described in this subparagraph are the following:
(i) Reforming teacher, principal, or other school leader certification, recertification, licensing, or tenure systems or preparation program standards and approval processes to ensure that—
(I) teachers have the necessary subject-matter knowledge and teaching skills, as demonstrated through measures determined by the State, which may include teacher performance assessments, in the academic subjects that the teachers teach to help students meet challenging State academic standards;
(II) principals or other school leaders have the instructional leadership skills to help teachers teach and to help students meet such challenging State academic standards; and
(III) teacher certification or licensing requirements are aligned with such challenging State academic standards.
(ii) Developing, improving, or providing assistance to local educational agencies to support the design and implementation of teacher, principal, or other school leader evaluation and support systems that are based in part on evidence of student academic achievement, which may include student growth, and shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, or other school leaders, such as by—
(I) developing and disseminating high-quality evaluation tools, such as classroom observation rubrics, and methods, including training and auditing, for ensuring inter-rater reliability of evaluation results;
(II) developing and providing training to principals, other school leaders, coaches, mentors, and evaluators on how to accurately differentiate performance, provide useful and timely feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and
(III) developing a system for auditing the quality of evaluation and support systems.
(iii) Improving equitable access to effective teachers.
(iv) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers (especially for teachers of children with disabilities, English learners, science, technology, engineering, mathematics, or other areas where the State experiences a shortage of educators), principals, or other school leaders, for—
(I) individuals with a baccalaureate or master’s degree, or other advanced degree;
(II) mid-career professionals from other occupations;
(III) paraprofessionals;
(IV) former military personnel; and
(V) recent graduates of institutions of higher education with records of academic distinction who demonstrate the potential to become effective teachers, principals, or other school leaders.
(v) Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers, principals, or other school leaders who are effective in improving student academic achievement, including effective teachers from underrepresented minority groups and teachers with disabilities, such as through—
(I) opportunities for effective teachers to lead evidence-based (to the extent the State determines that such evidence is reasonably available) professional development for the peers of such effective teachers; and
(II) providing training and support for teacher leaders and principals or other school leaders who are recruited as part of instructional leadership teams.
(vi) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration and monitoring of the programs carried out under this part, including provision of technical assistance to local educational agencies.
(vii) Developing, or assisting local educational agencies in developing—
(I) career opportunities and advancement initiatives that promote professional growth and emphasize multiple career paths, such as instructional coaching and mentoring (including hybrid roles that allow instructional coaching and mentoring while remaining in the classroom), school leadership, and involvement with school improvement and support;
(II) strategies that provide differential pay, or other incentives, to recruit and retain teachers in high-need academic subjects and teachers, principals, or other school leaders, in low-income schools and school districts, which may include performance-based pay systems; and
(III) new teacher, principal, or other school leader induction and mentoring programs that are, to the extent the State determines that such evidence is reasonably available, evidence-based, and designed to—
(aa) improve classroom instruction and student learning and achievement, including through improving school leadership programs; and
(bb) increase the retention of effective teachers, principals, or other school leaders.
(viii) Providing assistance to local educational agencies for the development and implementation of high-quality professional development programs for principals that enable the principals to be effective and prepare all students to meet the challenging State academic standards.
(ix) Supporting efforts to train teachers, principals, or other school leaders to effectively integrate technology into curricula and instruction, which may include training to assist teachers in implementing blended learning (as defined in section 7112(1) of this title) projects.
(x) Providing training, technical assistance, and capacity-building to local educational agencies that receive a subgrant under this part.
(xi) Reforming or improving teacher, principal, or other school leader preparation programs, such as through establishing teacher residency programs and school leader residency programs.
(xii) Establishing or expanding teacher, principal, or other school leader preparation academies, with an amount of the funds described in subparagraph (A) that is not more than 2 percent of the State’s allotment, if—
(I) allowable under State law;
(II) the State enables candidates attending a teacher, principal, or other school leader preparation academy to be eligible for State financial aid to the same extent as participants in other State-approved teacher or principal preparation programs, including alternative certification, licensure, or credential programs; and
(III) the State enables teachers, principals, or other school leaders who are teaching or working while on alternative certificates, licenses, or credentials to teach or work in the State while enrolled in a teacher, principal, or other school leader preparation academy.
(xiii) Supporting the instructional services provided by effective school library programs.
(xiv) Developing, or assisting local educational agencies in developing, strategies that provide teachers, principals, or other school leaders with the skills, credentials, or certifications needed to educate all students in postsecondary education coursework through early college high school or dual or concurrent enrollment programs.
(xv) Providing training for all school personnel, including teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse.
(xvi) Supporting opportunities for principals, other school leaders, teachers, paraprofessionals, early childhood education program directors, and other early childhood education program providers to participate in joint efforts to address the transition to elementary school, including issues related to school readiness.
(xvii) Developing and providing professional development and other comprehensive systems of support for teachers, principals, or other school leaders to promote high-quality instruction and instructional leadership in science, technology, engineering, and mathematics subjects, including computer science.
(xviii) Supporting the professional development and improving the instructional strategies of teachers, principals, or other school leaders to integrate career and technical education content into academic instructional practices, which may include training on best practices to understand State and regional workforce needs and transitions to postsecondary education and the workforce.
(xix) Enabling States, as a consortium, to voluntarily develop a process that allows teachers who are licensed or certified in a participating State to teach in other participating States without completing additional licensure or certification requirements, except that nothing in this clause shall be construed to allow the Secretary to exercise any direction, supervision, or control over State teacher licensing or certification requirements.
(xx) Supporting and developing efforts to train teachers on the appropriate use of student data to ensure that individual student privacy is protected as required by section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”) and in accordance with State student privacy laws and local educational agency student privacy and technology use policies.
(xxi) Supporting other activities identified by the State that are, to the extent the State determines that such evidence is reasonably available, evidence-based and that meet the purpose of this subchapter.
(d) State application (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.
(2) Contents Each application described under paragraph (1) shall include the following:
(A) A description of how the State educational agency will use funds received under this subchapter for State-level activities described in subsection (c).
(B) A description of the State’s system of certification and licensing of teachers, principals, or other school leaders.
(C) A description of how activities under this part are aligned with challenging State academic standards.
(D) A description of how the activities carried out with funds under this part are expected to improve student achievement.
(E) If a State educational agency plans to use funds under this part to improve equitable access to effective teachers, consistent with section 6311(g)(1)(B) of this title, a description of how such funds will be used for such purpose.
(F) If applicable, a description of how the State educational agency will work with local educational agencies in the State to develop or implement State or local teacher, principal, or other school leader evaluation and support systems that meet the requirements of subsection (c)(4)(B)(ii).
(G) An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities.
(H) An assurance that the State educational agency will work in consultation with the entity responsible for teacher, principal, or other school leader professional standards, certification, and licensing for the State, and encourage collaboration between educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession.
(I) An assurance that the State educational agency will comply with section 7881 of this title (regarding participation by private school children and teachers).
(J) A description of how the State educational agency will improve the skills of teachers, principals, or other school leaders in order to enable them to identify students with specific learning needs, particularly children with disabilities, English learners, students who are gifted and talented, and students with low literacy levels, and provide instruction based on the needs of such students.
(K) A description of how the State will use data and ongoing consultation as described in paragraph (3) to continually update and improve the activities supported under this part.
(L) A description of how the State educational agency will encourage opportunities for increased autonomy and flexibility for teachers, principals, or other school leaders, such as by establishing innovation schools that have a high degree of autonomy over budget and operations, are transparent and accountable to the public, and lead to improved academic outcomes for students.
(M) A description of actions the State may take to improve preparation programs and strengthen support for teachers, principals, or other school leaders based on the needs of the State, as identified by the State educational agency.
(3) Consultation In developing the State application under this subsection, a State shall—
(A) meaningfully consult with teachers, principals, other school leaders, paraprofessionals (including organizations representing such individuals), specialized instructional support personnel, charter school leaders (in a State that has charter schools), parents, community partners, and other organizations or partners with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this subchapter;
(B) seek advice from the individuals, organizations, or partners described in subparagraph (A) regarding how best to improve the State’s activities to meet the purpose of this subchapter; and
(C) coordinate the State’s activities under this part with other related strategies, programs, and activities being conducted in the State.
(4) Limitation Consultation required under paragraph (3) shall not interfere with the timely submission of the application required under this section.
(e) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control any of the following:
(1) The development, improvement, or implementation of elements of any teacher, principal, or other school leader evaluation system.
(2) Any State or local educational agency’s definition of teacher, principal, or other school leader effectiveness.
(3) Any teacher, principal, or other school leader professional standards, certification, or licensing.
(Pub. L. 89–10, title II, § 2101, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1917; amended Pub. L. 116–260, div. H, title III, § 315, Dec. 27, 2020, 134 Stat. 1610.)
## Notes
Editorial Notes
References in TextSection 2202(b) of this Act (as in effect on the day before January 8, 2002), referred to in subsec. (b)(1)(A)(i), is section 2202(b) of Pub. L. 89–10, as added by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3621, which was classified to section 6642(b) of this title prior to the general amendment of this subchapter by Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1620. Section 306 of the Department of Education Appropriations Act, 2001, referred to in subsec. (b)(1)(A)(ii), is section 1(a)(1) [title III, § 306] of Pub. L. 106–554, Nov. 29, 1999, 114 Stat. 2763, 2763A–41, which is not classified to the Code.
Prior ProvisionsA prior section 6611, Pub. L. 89–10, title II, § 2111, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1621, related to allotments to States, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. A prior section 2101 of Pub. L. 89–10 was classified to section 6601 of this title, prior to repeal by Pub. L. 114–95. Another prior section 2101 of Pub. L. 89–10 was classified to section 6621 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Another prior section 2101 of Pub. L. 89–10 was classified to section 3001 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Amendments2020—Subsec. (b)(2)(A)(iv). Pub. L. 116–260, § 315(1), in introductory provisions, inserted “through fiscal year 2022” after “for fiscal year 2020”. Subsec. (b)(3). Pub. L. 116–260, § 315(2), substituted “2023” for “2021” in heading and text of introductory provisions.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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type: "LegalText"
title: "20 U.S.C. § 6612"
description: "Subgrants to local educational agencies"
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---
# 20 U.S.C. § 6612 - Subgrants to local educational agencies
## Text
(a) Allocation of funds to local educational agencies (1) In general From funds reserved by a State under section 6611(c)(1) of this title for a fiscal year, the State, acting through the State educational agency, shall award subgrants to eligible local educational agencies from allocations described in paragraph (2).
(2) Allocation formula From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of—
(A) an amount that bears the same relationship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all eligible local educational agencies in the State, as so determined; and
(B) an amount that bears the same relationship to 80 percent of the funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the eligible local educational agencies in the State, as so determined.
(3) Rule of construction Nothing in this section shall be construed to prohibit a consortium of local educational agencies that are designated with a locale code of 41, 42, or 43, or such local educational agencies designated with a locale code of 41, 42, or 43 that work in cooperation with an educational service agency, from voluntarily combining allocations received under this part for the collective use of funding by the consortium for activities under this section.
(b) Local applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require.
(2) Contents of application Each application submitted under paragraph (1) shall include the following:
(A) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with challenging State academic standards.
(B) A description of the local educational agency’s systems of professional growth and improvement, such as induction for teachers, principals, or other school leaders and opportunities for building the capacity of teachers and opportunities to develop meaningful teacher leadership.
(C) A description of how the local educational agency will prioritize funds to schools served by the agency that are implementing comprehensive support and improvement activities and targeted support and improvement activities under section 6311(d) of this title and have the highest percentage of children counted under section 6333(c) of this title.
(D) A description of how the local educational agency will use data and ongoing consultation described in paragraph (3) to continually update and improve activities supported under this part.
(E) An assurance that the local educational agency will comply with section 7881 of this title (regarding participation by private school children and teachers).
(F) An assurance that the local educational agency will coordinate professional development activities authorized under this part with professional development activities provided through other Federal, State, and local programs.
(3) Consultation In developing the application described in paragraph (2), a local educational agency shall—
(A) meaningfully consult with teachers, principals, other school leaders, paraprofessionals (including organizations representing such individuals), specialized instructional support personnel, charter school leaders (in a local educational agency that has charter schools), parents, community partners, and other organizations or partners with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this subchapter;
(B) seek advice from the individuals and organizations described in subparagraph (A) regarding how best to improve the local educational agency’s activities to meet the purpose of this subchapter; and
(C) coordinate the local educational agency’s activities under this part with other related strategies, programs, and activities being conducted in the community.
(4) Limitation Consultation required under paragraph (3) shall not interfere with the timely submission of the application required under this section.
(Pub. L. 89–10, title II, § 2102, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1925.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6612, Pub. L. 89–10, title II, § 2112, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1623, related to State applications, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. A prior section 2102 of Pub. L. 89–10 was classified to section 6602 of this title, prior to repeal by Pub. L. 114–95. Another prior section 2102 of Pub. L. 89–10 was classified to section 6622 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Another prior section 2102 of Pub. L. 89–10 was classified to section 3002 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6613 - Local uses of funds
## Text
(a) In general A local educational agency that receives a subgrant under section 6612 of this title shall use the funds made available through the subgrant to develop, implement, and evaluate comprehensive programs and activities described in subsection (b), which may be carried out—
(1) through a grant or contract with a for-profit or nonprofit entity; or
(2) in partnership with an institution of higher education or an Indian tribe or tribal organization (as such terms are defined under section 5304 of title 25).
(b) Types of activities The programs and activities described in this subsection—
(1) shall be in accordance with the purpose of this subchapter;
(2) shall address the learning needs of all students, including children with disabilities, English learners, and gifted and talented students; and
(3) may include, among other programs and activities—
(A) developing or improving a rigorous, transparent, and fair evaluation and support system for teachers, principals, or other school leaders that—
(i) is based in part on evidence of student achievement, which may include student growth; and
(ii) shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, or other school leaders;
(B) developing and implementing initiatives to assist in recruiting, hiring, and retaining effective teachers, particularly in low-income schools with high percentages of ineffective teachers and high percentages of students who do not meet the challenging State academic standards, to improve within-district equity in the distribution of teachers, consistent with section 6311(g)(1)(B) of this title, such as initiatives that provide—
(i) expert help in screening candidates and enabling early hiring;
(ii) differential and incentive pay for teachers, principals, or other school leaders in high-need academic subject areas and specialty areas, which may include performance-based pay systems;
(iii) teacher, paraprofessional, principal, or other school leader advancement and professional growth, and an emphasis on leadership opportunities, multiple career paths, and pay differentiation;
(iv) new teacher, principal, or other school leader induction and mentoring programs that are designed to—
(I) improve classroom instruction and student learning and achievement; and
(II) increase the retention of effective teachers, principals, or other school leaders;
(v) the development and provision of training for school leaders, coaches, mentors, and evaluators on how accurately to differentiate performance, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and
(vi) a system for auditing the quality of evaluation and support systems;
(C) recruiting qualified individuals from other fields to become teachers, principals, or other school leaders, including mid-career professionals from other occupations, former military personnel, and recent graduates of institutions of higher education with records of academic distinction who demonstrate potential to become effective teachers, principals, or other school leaders;
(D) reducing class size to a level that is evidence-based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, to improve student achievement through the recruiting and hiring of additional effective teachers;
(E) providing high-quality, personalized professional development that is evidence-based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, for teachers, instructional leadership teams, principals, or other school leaders, that is focused on improving teaching and student learning and achievement, including supporting efforts to train teachers, principals, or other school leaders to—
(i) effectively integrate technology into curricula and instruction (including education about the harms of copyright piracy);
(ii) use data to improve student achievement and understand how to ensure individual student privacy is protected, as required under section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”) and State and local policies and laws in the use of such data;
(iii) effectively engage parents, families, and community partners, and coordinate services between school and community;
(iv) help all students develop the skills essential for learning readiness and academic success;
(v) develop policy with school, local educational agency, community, or State leaders; and
(vi) participate in opportunities for experiential learning through observation;
(F) developing programs and activities that increase the ability of teachers to effectively teach children with disabilities, including children with significant cognitive disabilities, and English learners, which may include the use of multi-tier systems of support and positive behavioral intervention and supports, so that such children with disabilities and English learners can meet the challenging State academic standards;
(G) providing programs and activities to increase—
(i) the knowledge base of teachers, principals, or other school leaders on instruction in the early grades and on strategies to measure whether young children are progressing; and
(ii) the ability of principals or other school leaders to support teachers, teacher leaders, early childhood educators, and other professionals to meet the needs of students through age 8, which may include providing joint professional learning and planning activities for school staff and educators in preschool programs that address the transition to elementary school;
(H) providing training, technical assistance, and capacity-building in local educational agencies to assist teachers, principals, or other school leaders with selecting and implementing formative assessments, designing classroom-based assessments, and using data from such assessments to improve instruction and student academic achievement, which may include providing additional time for teachers to review student data and respond, as appropriate;
(I) carrying out in-service training for school personnel in—
(i) the techniques and supports needed to help educators understand when and how to refer students affected by trauma, and children with, or at risk of, mental illness;
(ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community, where appropriate;
(iii) forming partnerships between school-based mental health programs and public or private mental health organizations; and
(iv) addressing issues related to school conditions for student learning, such as safety, peer interaction, drug and alcohol abuse, and chronic absenteeism;
(J) providing training to support the identification of students who are gifted and talented, including high-ability students who have not been formally identified for gifted education services, and implementing instructional practices that support the education of such students, such as—
(i) early entrance to kindergarten;
(ii) enrichment, acceleration, and curriculum compacting activities; and
(iii) dual or concurrent enrollment programs in secondary school and postsecondary education;
(K) supporting the instructional services provided by effective school library programs;
(L) providing training for all school personnel, including teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse;
(M) developing and providing professional development and other comprehensive systems of support for teachers, principals, or other school leaders to promote high-quality instruction and instructional leadership in science, technology, engineering, and mathematics subjects, including computer science;
(N) developing feedback mechanisms to improve school working conditions, including through periodically and publicly reporting results of educator support and working conditions feedback;
(O) providing high-quality professional development for teachers, principals, or other school leaders on effective strategies to integrate rigorous academic content, career and technical education, and work-based learning (if appropriate), which may include providing common planning time, to help prepare students for postsecondary education and the workforce; and
(P) carrying out other activities that are evidence-based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, and identified by the local educational agency that meet the purpose of this subchapter.
(Pub. L. 89–10, title II, § 2103, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1926.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6613, Pub. L. 89–10, title II, § 2113, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1625, related to State use of funds, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. A prior section 2103 of Pub. L. 89–10 was classified to section 6603 of this title, prior to repeal by Pub. L. 114–95. Another prior section 2103 of Pub. L. 89–10 was classified to section 6623 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Another prior section 2103 of Pub. L. 89–10 was classified to section 3003 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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---
# 20 U.S.C. § 6614 - Reporting
## Text
(a) State report Each State educational agency receiving funds under this part shall annually submit to the Secretary a report that provides—
(1) a description of how the State is using grant funds received under this part to meet the purpose of this subchapter, and how such chosen activities improved teacher, principal, or other school leader effectiveness, as determined by the State or local educational agency;
(2) if funds are used under this part to improve equitable access to teachers for low-income and minority students, consistent with section 6311(g)(1)(B) of this title, a description of how funds have been used to improve such access;
(3) for a State that implements a teacher, principal, or other school leader evaluation and support system, consistent with section 6611(c)(4)(B)(ii) of this title, using funds under this part, the evaluation results of teachers, principals, or other school leaders, except that such information shall not provide personally identifiable information on individual teachers, principals, or other school leaders; and
(4) where available, the annual retention rates of effective and ineffective teachers, principals, or other school leaders, using any methods or criteria the State has or develops under section 6311(g)(2)(A) of this title, except that nothing in this paragraph shall be construed to require any State educational agency or local educational agency to collect and report any data the State educational agency or local educational agency is not collecting or reporting as of the day before December 10, 2015.
(b) Local educational agency report Each local educational agency receiving funds under this part shall submit to the State educational agency such information as the State requires, which shall include the information described in subsection (a) for the local educational agency.
(c) Availability The reports and information provided under subsections (a) and (b) shall be made readily available to the public.
(d) Limitation The reports and information provided under subsections (a) and (b) shall not reveal personally identifiable information about any individual.
(Pub. L. 89–10, title II, § 2104, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1930.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2104 of Pub. L. 89–10 was classified to section 3004 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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citation: "20 U.S.C. § 6621"
status: "current"
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---
# 20 U.S.C. § 6621 - Reservations
## Text
From the amounts appropriated under section 6603(b) of this title for a fiscal year, the Secretary shall reserve—
(1) to carry out activities authorized under subpart 1—
(A) 49.1 percent for each of fiscal years 2017 through 2019; and
(B) 47 percent for fiscal year 2020;
(2) to carry out activities authorized under subpart 2—
(A) 34.1 percent for each of fiscal years 2017 through 2019; and
(B) 36.8 percent for fiscal year 2020;
(3) to carry out activities authorized under subpart 3, 1.4 percent for each of fiscal years 2017 through 2020; and
(4) to carry out activities authorized under subpart 4—
(A) 15.4 percent for each of fiscal years 2017 through 2019; and
(B) 14.8 percent for fiscal year 2020.
(Pub. L. 89–10, title II, § 2201, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1930.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 6621 to 6623 were repealed by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. Section 6621, Pub. L. 89–10, title II, § 2121, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1627, related to allocations to local educational agencies. Another prior section 6621, Pub. L. 89–10, title II, § 2101, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3614; amended Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(b)(3)(A)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–313, authorized professional development program, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 2201 of Pub. L. 89–10 was classified to section 6661 of this title, prior to repeal by Pub. L. 114–95. Another prior section 2201 of Pub. L. 89–10 was classified to section 6641 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Another prior section 2201 of Pub. L. 89–10 was classified to section 3011 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382. Section 6622, Pub. L. 89–10, title II, § 2122, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1628, related to local applications and needs assessment. Another prior section 6622, Pub. L. 89–10, title II, § 2102, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3615, related to authorized professional development activities, prior to the general amendment of this subchapter by Pub. L. 107–110. Section 6623, Pub. L. 89–10, title II, § 2123, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1630, related to local use of funds. Another prior section 6623, Pub. L. 89–10, title II, § 2103, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3617, related to National Teacher Training Project, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6631 - Purposes; definitions
## Text
(a) Purposes The purposes of this subpart are—
(1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems or human capital management systems for teachers, principals, or other school leaders (especially for teachers, principals, or other school leaders in high-need schools) who raise student academic achievement and close the achievement gap between high- and low-performing students; and
(2) to study and review performance-based compensation systems or human capital management systems for teachers, principals, or other school leaders to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems.
(b) Definitions In this subpart:
(1) Eligible entity The term “eligible entity” means—
(A) a local educational agency, including a charter school that is a local educational agency, or a consortium of local educational agencies;
(B) a State educational agency or other State agency designated by the chief executive of a State to participate under this subpart;
(C) the Bureau of Indian Education; or
(D) a partnership consisting of—
(i) 1 or more agencies described in subparagraph (A), (B), or (C); and
(ii) at least 1 nonprofit or for-profit entity.
(2) High-need school The term “high-need school” means a public elementary school or secondary school that is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more.
(3) Human capital management system The term “human capital management system” means a system—
(A) by which a local educational agency makes and implements human capital decisions, such as decisions on preparation, recruitment, hiring, placement, retention, dismissal, compensation, professional development, tenure, and promotion; and
(B) that includes a performance-based compensation system.
(4) Performance-based compensation system The term “performance-based compensation system” means a system of compensation for teachers, principals, or other school leaders—
(A) that differentiates levels of compensation based in part on measurable increases in student academic achievement; and
(B) which may include—
(i) differentiated levels of compensation, which may include bonus pay, on the basis of the employment responsibilities and success of effective teachers, principals, or other school leaders in hard-to-staff schools or high-need subject areas; and
(ii) recognition of the skills and knowledge of teachers, principals, or other school leaders as demonstrated through—
(I) successful fulfillment of additional responsibilities or job functions, such as teacher leadership roles; and
(II) evidence of professional achievement and mastery of content knowledge and superior teaching and leadership skills.
(Pub. L. 89–10, title II, § 2211, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1931.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6631, Pub. L. 89–10, title II, § 2131, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1633, defined terms in subpart 3 of part A of former subchapter II of this chapter, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. A prior section 2211 of Pub. L. 89–10 was classified to section 6651 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6632 - Teacher and school leader incentive fund grants
## Text
(a) Grants authorized From the amounts reserved by the Secretary under section 6621(1) of this title, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand performance-based compensation systems or human capital management systems, in schools served by the eligible entity.
(b) Duration of grants (1) In general A grant awarded under this subpart shall be for a period of not more than 3 years.
(2) Renewal The Secretary may renew a grant awarded under this subpart for a period of not more than 2 years if the grantee demonstrates to the Secretary that the grantee is effectively using funds. Such renewal may include allowing the grantee to scale up or replicate the successful program.
(3) Limitation A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this subpart, as amended by the Every Student Succeeds Act,11 See References in Text note below. only twice.
(c) Applications An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall include—
(1) a description of the performance-based compensation system or human capital management system that the eligible entity proposes to develop, implement, improve, or expand through the grant;
(2) a description of the most significant gaps or insufficiencies in student access to effective teachers, principals, or other school leaders in high-need schools, including gaps or inequities in how effective teachers, principals, or other school leaders are distributed across the local educational agency, as identified using factors such as data on school resources, staffing patterns, school environment, educator support systems, and other school-level factors;
(3) a description and evidence of the support and commitment from teachers, principals, or other school leaders, which may include charter school leaders, in the school (including organizations representing teachers, principals, or other school leaders), the community, and the local educational agency to the activities proposed under the grant;
(4) a description of how the eligible entity will develop and implement a fair, rigorous, valid, reliable, and objective process to evaluate teacher, principal, or other school leader performance under the system that is based in part on measures of student academic achievement, including the baseline performance against which evaluations of improved performance will be made;
(5) a description of the local educational agencies or schools to be served under the grant, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request;
(6) a description of the effectiveness of teachers, principals, or other school leaders in the local educational agency and the schools to be served under the grant and the extent to which the system will increase the effectiveness of teachers, principals, or other school leaders in such schools;
(7) a description of how the eligible entity will use grant funds under this subpart in each year of the grant, including a timeline for implementation of such activities;
(8) a description of how the eligible entity will continue the activities assisted under the grant after the grant period ends;
(9) a description of the State, local, or other public or private funds that will be used to supplement the grant, including funds under part A, and sustain the activities assisted under the grant after the end of the grant period;
(10) a description of—
(A) the rationale for the project;
(B) how the proposed activities are evidence-based; and
(C) if applicable, the prior experience of the eligible entity in developing and implementing such activities; and
(11) a description of how activities funded under this subpart will be evaluated, monitored, and publically reported.
(d) Award basis (1) Priority In awarding a grant under this subpart, the Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant on teachers, principals, or other school leaders serving in high-need schools.
(2) Equitable distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this subpart, including the distribution of such grants between rural and urban areas.
(e) Use of funds (1) In general An eligible entity that receives a grant under this subpart shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school leaders, and members of the public, a performance-based compensation system or human capital management system consistent with this subpart.
(2) Authorized activities Grant funds under this subpart may be used for one or more of the following:
(A) Developing or improving an evaluation and support system, including as part of a human capital management system as applicable, that—
(i) reflects clear and fair measures of teacher, principal, or other school leader performance, based in part on demonstrated improvement in student academic achievement; and
(ii) provides teachers, principals, or other school leaders with ongoing, differentiated, targeted, and personalized support and feedback for improvement, including professional development opportunities designed to increase effectiveness.
(B) Conducting outreach within a local educational agency or a State to gain input on how to construct an evaluation and support system described in subparagraph (A) and to develop support for the evaluation and support system, including by training appropriate personnel in how to observe and evaluate teachers, principals, or other school leaders.
(C) Providing principals or other school leaders with—
(i) balanced autonomy to make budgeting, scheduling, and other school-level decisions in a manner that meets the needs of the school without compromising the intent or essential components of the policies of the local educational agency or State; and
(ii) authority to make staffing decisions that meet the needs of the school, such as building an instructional leadership team that includes teacher leaders or offering opportunities for teams or pairs of effective teachers or candidates to teach or start teaching in high-need schools together.
(D) Implementing, as part of a comprehensive performance-based compensation system, a differentiated salary structure, which may include bonuses and stipends, to—
(i) teachers who—
(I) teach in—
(aa) high-need schools; or
(bb) high-need subjects;
(II) raise student academic achievement; or
(III) take on additional leadership responsibilities; or
(ii) principals or other school leaders who serve in high-need schools and raise student academic achievement in the schools.
(E) Improving the local educational agency’s system and process for the recruitment, selection, placement, and retention of effective teachers, principals, or other school leaders in high-need schools, such as by improving local educational agency policies and procedures to ensure that high-need schools are competitive and timely in—
(i) attracting, hiring, and retaining effective educators;
(ii) offering bonuses or higher salaries to effective educators; or
(iii) establishing or strengthening school leader residency programs and teacher residency programs.
(F) Instituting career advancement opportunities characterized by increased responsibility and pay that reward and recognize effective teachers, principals, or other school leaders in high-need schools and enable them to expand their leadership and results, such as through teacher-led professional development, mentoring, coaching, hybrid roles, administrative duties, and career ladders.
(f) Matching requirement Each eligible entity that receives a grant under this subpart shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant.
(g) Supplement, not supplant Grant funds provided under this subpart shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this subpart.
(Pub. L. 89–10, title II, § 2212, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1932.)
## Notes
Editorial Notes
References in TextThis subpart, as amended by the Every Student Succeeds Act, referred to in subsec. (b)(3), probably means this subpart as enacted by Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1931.
Prior ProvisionsA prior section 6632, Pub. L. 89–10, title II, § 2132, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1633, related to subgrants to eligible partnerships, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6633 - Reports
## Text
(a) Activities summary Each eligible entity receiving a grant under this subpart shall provide to the Secretary a summary of the activities assisted under the grant.
(b) Report The Secretary shall provide to Congress an annual report on the implementation of the program carried out under this subpart, including—
(1) information on eligible entities that received grant funds under this subpart, including—
(A) information provided by eligible entities to the Secretary in the applications submitted under section 6632(c) of this title;
(B) the summaries received under subsection (a); and
(C) grant award amounts; and
(2) student academic achievement and, as applicable, growth data from the schools participating in the programs supported under the grant.
(c) Evaluation and technical assistance (1) Reservation of funds Of the total amount reserved for this subpart for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under paragraph (2) and for technical assistance in carrying out this subpart.
(2) Evaluation From amounts reserved under paragraph (1), the Secretary, acting through the Director of the Institute of Education Sciences, shall carry out an independent evaluation to measure the effectiveness of the program assisted under this subpart.
(3) Contents The evaluation under paragraph (2) shall measure—
(A) the effectiveness of the program in improving student academic achievement;
(B) the satisfaction of the participating teachers, principals, or other school leaders; and
(C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers, principals, or other school leaders, especially in high-need subject areas.
(Pub. L. 89–10, title II, § 2213, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1935.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 6633 and 6634 were repealed by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. Section 6633, Pub. L. 89–10, title II, § 2133, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1633, related to subgrant applications. Section 6634, Pub. L. 89–10, title II, § 2134, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1633, related to use of funds.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6641 - Purposes; definitions
## Text
(a) Purposes The purposes of this subpart are—
(1) to improve student academic achievement in reading and writing by providing Federal support to States to develop, revise, or update comprehensive literacy instruction plans that, when implemented, ensure high-quality instruction and effective strategies in reading and writing from early education through grade 12; and
(2) for States to provide targeted subgrants to early childhood education programs and local educational agencies and their public or private partners to implement evidence-based programs that ensure high-quality comprehensive literacy instruction for students most in need.
(b) Definitions In this subpart:
(1) Comprehensive literacy instruction The term “comprehensive literacy instruction” means instruction that—
(A) includes developmentally appropriate, contextually explicit, and systematic instruction, and frequent practice, in reading and writing across content areas;
(B) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension;
(C) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff;
(D) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children;
(E) uses differentiated instructional approaches, including individual and small group instruction and discussion;
(F) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary;
(G) includes frequent practice of reading and writing strategies;
(H) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessment processes, and summative assessments to identify a child’s learning needs, to inform instruction, and to monitor the child’s progress and the effects of instruction;
(I) uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning;
(J) incorporates the principles of universal design for learning;
(K) depends on teachers’ collaboration in planning, instruction, and assessing a child’s progress and on continuous professional learning; and
(L) links literacy instruction to the challenging State academic standards, including the ability to navigate, understand, and write about, complex print and digital subject matter.
(2) Eligible entity The term “eligible entity” means an entity that consists of—
(A) one or more local educational agencies that serve a high percentage of high-need schools and—
(i) have the highest number or proportion of children who are counted under section 6333(c) of this title, in comparison to other local educational agencies in the State;
(ii) are among the local educational agencies in the State with the highest number or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 6311(b)(2) of this title; or
(iii) serve a significant number or percentage of schools that are implementing comprehensive support and improvement activities and targeted support and improvement activities under section 6311(d) of this title;
(B) one or more early childhood education programs serving low-income or otherwise disadvantaged children, which may include home-based literacy programs for preschool-aged children, that have a demonstrated record of providing comprehensive literacy instruction for the age group such program proposes to serve; or
(C) a local educational agency, described in subparagraph (A), or consortium of such local educational agencies, or an early childhood education program, which may include home-based literacy programs for preschool-aged children, acting in partnership with 1 or more public or private nonprofit organizations or agencies (which may include early childhood education programs) that have a demonstrated record of effectiveness in—
(i) improving literacy achievement of children, consistent with the purposes of participation under this subpart, from birth through grade 12; and
(ii) providing professional development in comprehensive literacy instruction.
(3) High-need school (A) In general The term “high-need school” means—
(i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or
(ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from the schools that feed into the high school.
(B) Low-income family For purposes of subparagraph (A), the term “low-income family” means a family—
(i) in which the children are eligible for a free or reduced-price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(ii) receiving assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or
(iii) in which the children are eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(Pub. L. 89–10, title II, § 2221, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1936.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in subsec. (b)(3)(B)(i), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Social Security Act, referred to in subsec. (b)(3)(B)(ii), (iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Prior ProvisionsA prior section 6641, Pub. L. 89–10, title II, § 2141, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1634, related to technical assistance and accountability, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. Another prior section 6641, Pub. L. 89–10, title II, § 2201, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3621, authorized program for State and local professional development activities, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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---
# 20 U.S.C. § 6642 - Comprehensive literacy State development grants
## Text
(a) Grants authorized From the amounts reserved by the Secretary under section 6621(2) of this title and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to—
(1) provide subgrants to eligible entities serving a diversity of geographic areas, giving priority to entities serving greater numbers or percentages of children from low-income families; and
(2) develop or enhance comprehensive literacy instruction plans that ensure high-quality instruction and effective strategies in reading and writing for children from early childhood education through grade 12, including English learners and children with disabilities.
(b) Reservation From the amounts reserved to carry out this subpart for a fiscal year, the Secretary shall reserve—
(1) not more than a total of 5 percent for national activities, including a national evaluation, technical assistance and training, data collection, and reporting;
(2) one half of 1 percent for the Secretary of the Interior to carry out a program described in this subpart at schools operated or funded by the Bureau of Indian Education; and
(3) one half of 1 percent for the outlying areas to carry out a program under this subpart.
(c) Duration of grants A grant awarded under this subpart shall be for a period of not more than 5 years total. Such grant may be renewed for an additional 2-year period upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that—
(1) the State has made adequate progress; and
(2) renewing the grant for an additional 2-year period is necessary to carry out the objectives of the grant described in subsection (d).
(d) State applications (1) In general A State educational agency desiring a grant under this subpart shall submit an application to the Secretary, at such time and in such manner as the Secretary may require. The State educational agency shall collaborate with the State agency responsible for administering early childhood education programs and the State agency responsible for administering child care programs in the State in writing and implementing the early childhood education portion of the grant application under this subsection.
(2) Contents An application described in paragraph (1) shall include, at a minimum, the following:
(A) A needs assessment that analyzes literacy needs across the State and in high-need schools and local educational agencies that serve high-need schools, including identifying the most significant gaps in literacy proficiency and inequities in student access to effective teachers of literacy, considering each of the subgroups of students, as defined in section 6311(c)(2) of this title.
(B) A description of how the State educational agency, in collaboration with the State literacy team, if applicable, will develop a State comprehensive literacy instruction plan or will revise and update an already existing State comprehensive literacy instruction plan.
(C) An implementation plan that includes a description of how the State educational agency will carry out the State activities described in subsection (f).
(D) An assurance that the State educational agency will use implementation grant funds described in subsection (f)(1) for comprehensive literacy instruction programs as follows:
(i) Not less than 15 percent of such grant funds shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry.
(ii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5.
(iii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among grades 6 through 12.
(E) An assurance that the State educational agency will give priority in awarding a subgrant under section 6643 of this title to an eligible entity that—
(i) serves children from birth through age 5 who are from families with income levels at or below 200 percent of the Federal poverty line; or
(ii) is a local educational agency serving a high number or percentage of high-need schools.
(e) Priority In awarding grants under this section, the Secretary shall give priority to State educational agencies that will use the grant funds for evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 7801(21)(A)(i) of this title.
(f) State activities (1) In general A State educational agency receiving a grant under this section shall use not less than 95 percent of such grant funds to award subgrants to eligible entities, based on their needs assessment and a competitive application process.
(2) Reservation A State educational agency receiving a grant under this section may reserve not more than 5 percent for activities identified through the needs assessment and comprehensive literacy plan described in subparagraphs (A) and (B) of subsection (d)(2), including the following activities:
(A) Providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs.
(B) Coordinating with institutions of higher education in the State to provide recommendations to strengthen and enhance pre-service courses for students preparing to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods.
(C) Reviewing and updating, in collaboration with teachers and institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12.
(D) Making publicly available, including on the State educational agency’s website, information on promising instructional practices to improve child literacy achievement.
(E) Administering and monitoring the implementation of subgrants by eligible entities.
(3) Additional uses After carrying out the activities described in paragraphs (1) and (2), a State educational agency may use any remaining amount to carry out 1 or more of the following activities:
(A) Developing literacy coach training programs and training literacy coaches.
(B) Administration and evaluation of activities carried out under this subpart.
(Pub. L. 89–10, title II, § 2222, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1938.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6642, Pub. L. 89–10, title II, § 2202, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3621, related to allocation of funds for State and local professional development activities, prior to its omission in the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6643 - Subgrants to eligible entities in support of birth through kindergarten entry literacy
## Text
(a) Subgrants (1) In general A State educational agency receiving a grant under this subpart shall, in consultation with the State agencies responsible for administering early childhood education programs and services, including the State agency responsible for administering child care programs, and, if applicable, the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 9837b(b)(1)(A)(i) of title 42, use a portion of the grant funds, in accordance with section 6642(d)(2)(D)(i) of this title, to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry.
(2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years.
(3) Sufficient size and scope Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry.
(b) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of—
(1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early childhood education programs, which shall include an analysis of data that support the proposed use of subgrant funds;
(2) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, including through high-quality professional development;
(3) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; and
(4) how the subgrant funds will be used to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of children from birth through kindergarten entry.
(c) Priority In awarding grants under this section, the State educational agency shall give priority to an eligible entity that will use the grant funds to implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 7801(21)(A)(i) of this title.
(d) Local uses of funds An eligible entity that receives a subgrant under this section shall use the subgrant funds, consistent with the entity’s approved application under subsection (b), to—
(1) carry out high-quality professional development opportunities for early childhood educators, teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, and instructional leaders;
(2) train providers and personnel to develop and administer evidence-based early childhood education literacy initiatives; and
(3) coordinate the involvement of families, early childhood education program staff, principals, other school leaders, specialized instructional support personnel (as appropriate), and teachers in literacy development of children served under the subgrant.
(Pub. L. 89–10, title II, § 2223, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1940.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6643, Pub. L. 89–10, title II, § 2203, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3621, related to within-State allocations, prior to its omission in the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6644 - Subgrants to eligible entities in support of kindergarten through grade 12 literacy
## Text
(a) Subgrants to eligible entities (1) Subgrants A State educational agency receiving a grant under this subpart shall use a portion of the grant funds, in accordance with clauses (ii) and (iii) of section 6642(d)(2)(D) of this title, to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (c) and (d).
(2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years.
(3) Sufficient size and scope A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high-quality comprehensive literacy instruction in each grade level for which the subgrant funds are provided.
(4) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information:
(A) A description of the eligible entity’s needs assessment conducted to identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school.
(B) How the school, the local educational agency, or a provider of high-quality professional development will provide ongoing high-quality professional development to all teachers, principals, other school leaders, specialized instructional support personnel (as appropriate), and other instructional leaders served by the school.
(C) How the school will identify children in need of literacy interventions or other support services.
(D) An explanation of how the school will integrate comprehensive literacy instruction into a well-rounded education.
(E) A description of how the school will coordinate comprehensive literacy instruction with early childhood education programs and activities and after-school programs and activities in the area served by the local educational agency.
(b) Priority In awarding grants under this section, the State educational agency shall give priority to an eligible entity that will use funds under subsection (c) or (d) to implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 7801(21)(A)(i) of this title.
(c) Local uses of funds for kindergarten through grade 5 An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5:
(1) Developing and implementing a comprehensive literacy instruction plan across content areas for such children that—
(A) serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level;
(B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and
(C) supports activities that are provided primarily during the regular school day but that may be augmented by after-school and out-of-school time instruction.
(2) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), principals, other school leaders, specialized instructional support personnel, school librarians, paraprofessionals, and other program staff.
(3) Training principals, specialized instructional support personnel, and other local educational agency personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives.
(4) Coordinating the involvement of early childhood education program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, school personnel, and specialized instructional support personnel (as appropriate) in the literacy development of children served under this subsection.
(5) Engaging families and encouraging family literacy experiences and practices to support literacy development.
(d) Local uses of funds for grades 6 through 12 An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12:
(1) Developing and implementing a comprehensive literacy instruction plan described in subsection (c)(1) for children in grades 6 through 12.
(2) Training principals, specialized instructional support personnel, school librarians, and other local educational agency personnel to support, develop, administer, and evaluate high-quality comprehensive literacy instruction initiatives for grades 6 through 12.
(3) Assessing the quality of adolescent comprehensive literacy instruction as part of a well-rounded education.
(4) Providing time for teachers to meet to plan evidence-based adolescent comprehensive literacy instruction to be delivered as part of a well-rounded education.
(5) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), paraprofessionals, special educators, specialized instructional support personnel (as appropriate), and school personnel in the literacy development of children served under this subsection.
(e) Allowable uses An eligible entity that receives a subgrant under this section may, in addition to carrying out the activities described in subsections (c) and (d), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12:
(1) Recruiting, placing, training, and compensating literacy coaches.
(2) Connecting out-of-school learning opportunities to in-school learning in order to improve children’s literacy achievement.
(3) Training families and caregivers to support the improvement of adolescent literacy.
(4) Providing for a multi-tier system of supports for literacy services.
(5) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success.
(6) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians or specialized instructional support personnel) to meet to plan comprehensive literacy instruction.
(Pub. L. 89–10, title II, § 2224, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1941.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6644, Pub. L. 89–10, title II, § 2204, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3622, related to consortium requirement, prior to its omission in the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6645 - National evaluation and information dissemination
## Text
(a) National evaluation From funds reserved under section 6642(b)(1) of this title, the Director of the Institute of Education Sciences shall conduct a national evaluation of the grant and subgrant programs assisted under this subpart. Such evaluation shall include high-quality research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation and effect of the programs and shall directly coordinate with individual State evaluations of the programs’ implementation and impact.
(b) Program improvement The Secretary shall—
(1) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipients for use in program improvement;
(2) make such findings publicly available, including on the websites of the Department and the Institute of Education Sciences;
(3) submit such findings to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives; and
(4) make publicly available, in a manner consistent with paragraph (2), best practices for implementing evidence-based activities under this subpart, including evidence-based activities, defined for the purpose of this paragraph as activities meeting the requirements of section 7801(21)(A)(i) of this title.
(Pub. L. 89–10, title II, § 2225, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1943.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6645, Pub. L. 89–10, title II, § 2205, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3622; amended Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(b)(3)(A)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–313, related to State applications, prior to its omission in the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6646 - Innovative approaches to literacy
## Text
(a) In general From amounts reserved under section 6621(2) of this title, the Secretary may award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for the purposes of promoting literacy programs that support the development of literacy skills in low-income communities, including—
(1) developing and enhancing effective school library programs, which may include providing professional development for school librarians, books, and up-to-date materials to high-need schools;
(2) early literacy services, including pediatric literacy programs through which, during well-child visits, medical providers trained in research-based methods of early language and literacy promotion provide developmentally appropriate books and recommendations to parents to encourage them to read aloud to their children starting in infancy; and
(3) programs that provide high-quality books on a regular basis to children and adolescents from low-income communities to increase reading motivation, performance, and frequency.
(b) Definitions In this section:
(1) Eligible entity The term “eligible entity” means—
(A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line;
(B) a consortium of such local educational agencies;
(C) the Bureau of Indian Education; or
(D) an eligible national nonprofit organization.
(2) Eligible national nonprofit organization The term “eligible national nonprofit organization” means an organization of national scope that—
(A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and
(B) demonstrates effectiveness or high-quality plans for addressing childhood literacy activities for the population targeted by the grant.
(Pub. L. 89–10, title II, § 2226, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1944.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 6646 to 6650 were omitted in the general amendment of this subchapter by Pub. L. 107–110. Section 6646, Pub. L. 89–10, title II, § 2206, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3625; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(b)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–406, related to priority for professional development in mathematics and science. Section 6647, Pub. L. 89–10, title II, § 2207, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3625, related to State-level activities. Section 6648, Pub. L. 89–10, title II, § 2208, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3626; amended Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(b)(3)(A)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–313, related to local plan and application for improving teaching and learning. Section 6649, Pub. L. 89–10, title II, § 2209, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3628; amended Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(b)(3)(A)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–313, related to local cost-sharing. Section 6650, Pub. L. 89–10, title II, § 2210, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3629, related to local allocation of funds and allowable activities. Prior section 6651, Pub. L. 89–10, title II, § 2151, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1635, related to national activities of demonstrated effectiveness, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. Another prior section 6651, Pub. L. 89–10, title II, § 2211, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3632, related to higher education activities, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6661 - Program authorized
## Text
(a) In general From the amount reserved by the Secretary under section 6621(3) of this title, the Secretary is authorized to carry out an American history and civics education program to improve—
(1) the quality of American history, civics, and government education by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights; and
(2) the quality of the teaching of American history, civics, and government in elementary schools and secondary schools, including the teaching of traditional American history.
(b) Funding allotment Of the amount available under subsection (a) for a fiscal year, the Secretary—
(1) shall reserve not less than 26 percent for activities under section 6662 of this title; and
(2) may reserve not more than 74 percent for activities under section 6663 of this title.
(Pub. L. 89–10, title II, § 2231, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1945.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6661, Pub. L. 89–10, title II, § 2201, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1642, set forth purpose of part B of former subchapter II of this chapter and defined terms, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. Another prior section 6661, Pub. L. 89–10, title II, § 2251, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–391, set forth purposes of former part relating to reading and literacy grants, prior to the general amendment of this subchapter by Pub. L. 107–110. Prior sections 6661a to 6661i were omitted in the general amendment of this subchapter by Pub. L. 107–110. Section 6661a, Pub. L. 89–10, title II, § 2252, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–392; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1606(b)(2)(A)], Dec. 21, 2000, 114 Stat. 2763, 2763A–335, defined terms for purposes of former part. Section 6661b, Pub. L. 89–10, title II, § 2253, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–393, related to reading and literacy grants to State educational agencies. Section 6661c, Pub. L. 89–10, title II, § 2254, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–397, related to use of amounts by State educational agencies. Section 6661d, Pub. L. 89–10, title II, § 2255, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–397, related to local reading improvement subgrants. Section 6661e, Pub. L. 89–10, title II, § 2256, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–401, related to tutorial assistance subgrants. Section 6661f, Pub. L. 89–10, title II, § 2257, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–405, related to national evaluation of programs under former part. Section 6661g, Pub. L. 89–10, title II, § 2258, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–405, related to information dissemination. Section 6661h, Pub. L. 89–10, title II, § 2259, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–405, related to State evaluations and performance reports. Section 6661i, Pub. L. 89–10, title II, § 2260, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–406; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1606(b)(2)(B)], Dec. 21, 2000, 114 Stat. 2763, 2763A–335, related to authorization of appropriations, reservations from appropriations, and sunset.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6662 - Presidential and Congressional Academies for American History and Civics
## Text
(a) In general From the amounts reserved under section 6661(b)(1) of this title for a fiscal year, the Secretary shall award not more than 12 grants, on a competitive basis, to—
(1) eligible entities to establish Presidential Academies for the Teaching of American History and Civics (in this section referred to as the “Presidential Academies”) in accordance with subsection (e); and
(2) eligible entities to establish Congressional Academies for Students of American History and Civics (in this section referred to as the “Congressional Academies”) in accordance with subsection (f).
(b) Application An eligible entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.
(c) Eligible entity The term “eligible entity” under this section means—
(1) an institution of higher education or nonprofit educational organization, museum, library, or research center with demonstrated expertise in historical methodology or the teaching of American history and civics; or
(2) a consortium of entities described in paragraph (1).
(d) Grant terms Grants awarded to eligible entities under subsection (a) shall be for a term of not more than 5 years.
(e) Presidential Academies (1) Use of funds Each eligible entity that receives a grant under subsection (a)(1) shall use the grant funds to establish a Presidential Academy that offers a seminar or institute for teachers of American history and civics, which—
(A) provides intensive professional development opportunities for teachers of American history and civics to strengthen such teachers’ knowledge of the subjects of American history and civics;
(B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics;
(C) is conducted during the summer or other appropriate time; and
(D) is of not less than 2 weeks and not more than 6 weeks in duration.
(2) Selection of teachers Each year, each Presidential Academy shall select between 50 and 300 teachers of American history and civics from public or private elementary schools and secondary schools to attend the seminar or institute under paragraph (1).
(3) Teacher stipends Each teacher selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such teacher does not incur personal costs associated with the teacher’s participation in the seminar or institute.
(4) Priority In awarding grants under subsection (a)(1), the Secretary shall give priority to eligible entities that coordinate or align their activities with the National Park Service National Centennial Parks initiative to develop innovative and comprehensive programs using the resources of the National Parks.
(f) Congressional Academies (1) Use of funds Each eligible entity that receives a grant under subsection (a)(2) shall use the grant funds to establish a Congressional Academy that offers a seminar or institute for outstanding students of American history and civics, which—
(A) broadens and deepens such students’ understanding of American history and civics;
(B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics;
(C) is conducted during the summer or other appropriate time; and
(D) is of not less than 2 weeks and not more than 6 weeks in duration.
(2) Selection of students (A) In general Each year, each Congressional Academy shall select between 100 and 300 eligible students to attend the seminar or institute under paragraph (1).
(B) Eligible students A student shall be eligible to attend a seminar or institute offered by a Congressional Academy under this subsection if the student—
(i) is recommended by the student’s secondary school principal or other school leader to attend the seminar or institute; and
(ii) will be a secondary school junior or senior in the academic year following attendance at the seminar or institute.
(3) Student stipends Each student selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such student does not incur personal costs associated with the student’s participation in the seminar or institute.
(g) Matching funds (1) In general An eligible entity that receives funds under subsection (a) shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant.
(2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that applying the matching requirement would result in serious hardship or an inability to carry out the activities described in subsection (e) or (f).
(Pub. L. 89–10, title II, § 2232, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1945.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6662, Pub. L. 89–10, title II, § 2202, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1644, related to grants for mathematics and science partnerships, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. A prior section 2202 of Pub. L. 89–10 was classified to section 6642 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Another prior section 2202 of Pub. L. 89–10 was classified to section 3012 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
American History and Civics EducationPub. L. 108–474, Dec. 21, 2004, 118 Stat. 3898, as amended by Pub. L. 114–95, title IX, § 9215(j), Dec. 10, 2015, 129 Stat. 2168, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘American History and Civics Education Act of 2004’. “SEC. 2. PRESIDENTIAL ACADEMIES FOR TEACHING OF AMERICAN HISTORY AND CIVICS; CONGRESSIONAL ACADEMIES FOR STUDENTS OF AMERICAN HISTORY AND CIVICS.“(a) Establishment.—The Secretary of Education (referred to in this Act as the ‘Secretary’) may award not more than 12 grants, on a competitive basis—“(1) to entities to establish Presidential Academies for Teaching of American History and Civics that may offer workshops for both veteran and new teachers of American history and civics; and “(2) to entities to establish Congressional Academies for Students of American History and Civics. “(b) Application.—An entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. “(c) Demonstrated Expertise.—The Secretary shall require that each entity, to be eligible to receive a grant under this section, demonstrate expertise in historical methodology or the teaching of history. “(d) Available Funds.—To carry out this section, the Secretary may use any funds appropriated for fiscal year 2005 or any subsequent fiscal year to carry out section 2232 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6662]. “SEC. 3. NATIONAL HISTORY DAY PROGRAM.“The Secretary may award grants to the National History Day Program for the purpose of continuing and expanding its activities to promote the study of history and improve instruction.” [Pub. L. 114–95, title IX, § 9215(j), Dec. 10, 2015, 129 Stat. 2168, which directed amendment of section 2(d) of Pub. L. 108–474, set out above, by substituting “to carry out section 2232 of the Elementary and Secondary Education Act of 1965” for “to carry out part D of title V of the Elementary and Secondary Education Act of 1965”, was executed by making the substitution for “to carry out part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.)” to reflect the probable intent of Congress.]
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# 20 U.S.C. § 6663 - National activities
## Text
(a) Purpose The purpose of this section is to promote new and existing evidence-based strategies to encourage innovative American history, civics and government, and geography instruction, learning strategies, and professional development activities and programs for teachers, principals, or other school leaders, particularly such instruction, strategies, activities, and programs that benefit low-income students and underserved populations.
(b) In general From the amounts reserved by the Secretary under section 6661(b)(2) of this title, the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of expanding, developing, implementing, evaluating, and disseminating for voluntary use, innovative, evidence-based approaches or professional development programs in American history, civics and government, and geography, which—
(1) shall—
(A) show potential to improve the quality of student achievement in, and teaching of, American history, civics and government, or geography, in elementary schools and secondary schools; and
(B) demonstrate innovation, scalability, accountability, and a focus on underserved populations; and
(2) may include—
(A) hands-on civic engagement activities for teachers and students; and
(B) programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights.
(c) Program periods and diversity of projects (1) In general A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years.
(2) Renewal The Secretary may renew a grant awarded under this section for 1 additional 2-year period.
(3) Diversity of projects In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas.
(d) Applications In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.
(e) Eligible entity In this section, the term “eligible entity” means an institution of higher education or other nonprofit or for-profit organization with demonstrated expertise in the development of evidence-based approaches with the potential to improve the quality of American history, civics and government, or geography learning and teaching.
(Pub. L. 89–10, title II, § 2233, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1947.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6663, Pub. L. 89–10, title II, § 2203, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1647, authorized appropriations to carry out part B of former subchapter II of this chapter, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. A prior section 2203 of Pub. L. 89–10 was classified to section 6643 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Another prior section 2203 of Pub. L. 89–10 was classified to section 3013 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6671 - Funding allotment
## Text
From the funds reserved under section 6621(4) of this title, the Secretary—
(1) shall use not less than 74 percent to carry out activities under section 6672 of this title;
(2) shall use not less than 22 percent to carry out activities under section 6673 of this title;
(3) shall use not less than 2 percent to carry out activities under section 6674 of this title; and
(4) may reserve not more than 2 percent to carry out activities under section 6675 of this title.
(Pub. L. 89–10, title II, § 2241, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1948.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6671, Pub. L. 89–10, title II, § 2301, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1648; amended Pub. L. 107–296, title XVII, § 1704(e)(8), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 109–163, div. A, title V, § 515(g)(1), Jan. 6, 2006, 119 Stat. 3236, defined terms for division A of subpart 1 of part C of former subchapter II of this chapter, prior to repeal by Pub. L. 112–239, div. A, title V, § 541(d)(1), Jan. 2, 2013, 126 Stat. 1735. Another prior section 6671, Pub. L. 89–10, title II, § 2301, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3633, set forth findings and purpose of former part relating to professional development demonstration project, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6672 - Supporting effective educator development
## Text
(a) In general From the funds reserved by the Secretary under section 6671(1) of this title for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of—
(1) providing teachers, principals, or other school leaders from nontraditional preparation and certification routes or pathways to serve in traditionally underserved local educational agencies;
(2) providing evidence-based professional development activities that address literacy, numeracy, remedial, or other needs of local educational agencies and the students the agencies serve;
(3) providing teachers, principals, or other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through dual or concurrent enrollment programs and early college high school settings across a local educational agency;
(4) making freely available services and learning opportunities to local educational agencies, through partnerships and cooperative agreements or by making the services or opportunities publicly accessible through electronic means; or
(5) providing teachers, principals, or other school leaders with evidence-based professional enhancement activities, which may include activities that lead to an advanced credential.
(b) Program periods and diversity of projects (1) In general A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years.
(2) Renewal The Secretary may renew a grant awarded under this section for 1 additional 2-year period.
(3) Diversity of projects In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas.
(4) Limitation The Secretary shall not award more than 1 grant under this section to an eligible entity during a grant competition.
(c) Cost-sharing (1) In general An eligible entity that receives a grant under this section shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this section.
(2) Acceptable contributions An eligible entity that receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services.
(3) Waivers The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship.
(d) Applications In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Such application shall include, at a minimum, a certification that the services provided by an eligible entity under the grant to a local educational agency or to a school served by the local educational agency will not result in direct fees for participating students or parents.
(e) Priority In awarding grants under this section, the Secretary shall give priority to an eligible entity that will implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 7801(21)(A)(i) of this title.
(f) Definition of eligible entity In this section, the term “eligible entity” means—
(1) an institution of higher education that provides course materials or resources that are evidence-based in increasing academic achievement, graduation rates, or rates of postsecondary education matriculation;
(2) a national nonprofit entity with a demonstrated record of raising student academic achievement, graduation rates, and rates of higher education attendance, matriculation, or completion, or of effectiveness in providing preparation and professional development activities and programs for teachers, principals, or other school leaders;
(3) the Bureau of Indian Education; or
(4) a partnership consisting of—
(A) 1 or more entities described in paragraph (1) or (2); and
(B) a for-profit entity.
(Pub. L. 89–10, title II, § 2242, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1948.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6672, Pub. L. 89–10, title II, § 2302, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1648, authorized funding and administration of the Troops-to-Teachers Program, prior to repeal by Pub. L. 112–239, div. A, title V, § 541(d)(1), Jan. 2, 2013, 126 Stat. 1735. Another prior section 6672, Pub. L. 89–10, title II, § 2302, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3633, authorized professional development demonstration program, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6673 - School leader recruitment and support
## Text
(a) In general From the funds reserved under section 6671(2) of this title for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to improve the recruitment, preparation, placement, support, and retention of effective principals or other school leaders in high-need schools, which may include—
(1) developing or implementing leadership training programs designed to prepare and support principals or other school leaders in high-need schools, including through new or alternative pathways or school leader residency programs;
(2) developing or implementing programs or activities for recruiting, selecting, and developing aspiring or current principals or other school leaders to serve in high-need schools;
(3) developing or implementing programs for recruiting, developing, and placing school leaders to improve schools implementing comprehensive support and improvement activities and targeted support and improvement activities under section 6311(d) of this title, including through cohort-based activities that build effective instructional and school leadership teams and develop a school culture, design, instructional program, and professional development program focused on improving student learning;
(4) providing continuous professional development for principals or other school leaders in high-need schools;
(5) developing and disseminating information on best practices and strategies for effective school leadership in high-need schools, such as training and supporting principals to identify, develop, and maintain school leadership teams using various leadership models; and
(6) other evidence-based programs or activities described in section 6611(c)(4) of this title or section 6613(b)(3) of this title focused on principals or other school leaders in high-need schools.
(b) Program periods and diversity of projects (1) In general A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 5 years.
(2) Renewal The Secretary may renew a grant awarded under this section for 1 additional 2-year period.
(3) Diversity of projects In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas.
(4) Limitation The Secretary shall not award more than 1 grant under this section to an eligible entity during a grant competition.
(c) Cost-sharing (1) In general An eligible entity that receives a grant under this section shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this section.
(2) Acceptable contributions An eligible entity that receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services.
(3) Waivers The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship.
(d) Applications An eligible entity that desires a grant under this section shall submit to the Secretary an application at such time, and in such manner, as the Secretary may require.
(e) Priority In awarding grants under this section, the Secretary shall give priority to an eligible entity—
(1) with a record of preparing or developing principals who—
(A) have improved school-level student outcomes;
(B) have become principals in high-need schools; and
(C) remain principals in high-need schools for multiple years; and
(2) who will implement evidence-based activities, defined for the purpose of this paragraph as activities meeting the requirements of section 7801(21)(A)(i) of this title.
(f) Definitions In this section:
(1) Eligible entity The term “eligible entity” means—
(A) a local educational agency, including an educational service agency, that serves a high-need school or a consortium of such agencies;
(B) a State educational agency or a consortium of such agencies;
(C) a State educational agency in partnership with 1 or more local educational agencies, or educational service agencies, that serve a high-need school;
(D) the Bureau of Indian Education; or
(E) an entity described in subparagraph (A), (B), (C), or (D) in partnership with 1 or more nonprofit organizations or institutions of higher education.
(2) High-need school The term “high-need school” means—
(A) an elementary school in which not less than 50 percent of the enrolled students are from families with incomes below the poverty line; or
(B) a secondary school in which not less than 40 percent of the enrolled students are from families with incomes below the poverty line.
(Pub. L. 89–10, title II, § 2243, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1949.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6673, Pub. L. 89–10, title II, § 2303, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1649, related to recruitment and selection of Troops-to-Teachers Program participants, prior to repeal by Pub. L. 112–239, div. A, title V, § 541(d)(1), Jan. 2, 2013, 126 Stat. 1735. Another prior section 6673, Pub. L. 89–10, title II, § 2303, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3634, related to grants for the implementation of professional development programs, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6674 - Technical assistance and national evaluation
## Text
(a) In general From the funds reserved under section 6671(3) of this title for a fiscal year, the Secretary—
(1) shall establish, in a manner consistent with section 9602 of this title, a comprehensive center on students at risk of not attaining full literacy skills due to a disability that meets the purposes of subsection (b); and
(2) may—
(A) provide technical assistance, which may be carried out directly or through grants or contracts, to States and local educational agencies carrying out activities under this part; and
(B) carry out evaluations of activities by States and local educational agencies under this part, which shall be conducted by a third party or by the Institute of Education Sciences.
(b) Purposes The comprehensive center established by the Secretary under subsection (a)(1) shall—
(1) identify or develop free or low-cost evidence-based assessment tools for identifying students at risk of not attaining full literacy skills due to a disability, including dyslexia impacting reading or writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning;
(2) identify evidence-based literacy instruction, strategies, and accommodations, including assistive technology, designed to meet the specific needs of such students;
(3) provide families of such students with information to assist such students;
(4) identify or develop evidence-based professional development for teachers, paraprofessionals, principals, other school leaders, and specialized instructional support personnel to—
(A) understand early indicators of students at risk of not attaining full literacy skills due to a disability, including dyslexia impacting reading or writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning;
(B) use evidence-based screening assessments for early identification of such students beginning not later than kindergarten; and
(C) implement evidence-based instruction designed to meet the specific needs of such students; and
(5) disseminate the products of the comprehensive center to regionally diverse State educational agencies, local educational agencies, regional educational agencies, and schools, including, as appropriate, through partnerships with other comprehensive centers established under section 9602 of this title, and regional educational laboratories established under section 9564 of this title.
(Pub. L. 89–10, title II, § 2244, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1951.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6674, Pub. L. 89–10, title II, § 2304, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1651, related to participation agreements with, and financial assistance for, Troops-to-Teachers Program participants, prior to repeal by Pub. L. 112–239, div. A, title V, § 541(d)(1), Jan. 2, 2013, 126 Stat. 1735. Another prior section 6674, Pub. L. 89–10, title II, § 2304, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3634, related to plan for program to be assisted, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6675 - STEM master teacher corps
## Text
(a) In general From the funds reserved under section 6671(4) of this title for a fiscal year, the Secretary may award grants to—
(1) State educational agencies to enable such agencies to support the development of a State-wide STEM master teacher corps; or
(2) State educational agencies, or nonprofit organizations in partnership with State educational agencies, to support the implementation, replication, or expansion of effective science, technology, engineering, and mathematics professional development programs in schools across the State through collaboration with school administrators, principals, and STEM educators.
(b) STEM master teacher corps In this section, the term “STEM master teacher corps” means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathematics teachers, particularly in high-need and rural schools, by—
(1) selecting candidates to be master teachers in the corps on the basis of—
(A) content knowledge based on a screening examination; and
(B) pedagogical knowledge of and success in teaching;
(2) offering such teachers opportunities to—
(A) work with one another in scholarly communities; and
(B) participate in and lead high-quality professional development; and
(3) providing such teachers with additional appropriate and substantial compensation for the work described in paragraph (2) and in the master teacher community.
(Pub. L. 89–10, title II, § 2245, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1952.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 6675 to 6677 were repealed by Pub. L. 112–239, div. A, title V, § 541(d)(1), Jan. 2, 2013, 126 Stat. 1735. Section 6675, Pub. L. 89–10, title II, § 2305, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1654, related to participation by States in the Troops-to-Teachers Program. Another prior section 6675, Pub. L. 89–10, title II, § 2305, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3635, related to technical assistance, prior to the general amendment of this subchapter by Pub. L. 107–110. Section 6676, Pub. L. 89–10, title II, § 2306, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1654, related to support of innovative preretirement teacher certification programs. Another prior section 6676, Pub. L. 89–10, title II, § 2306, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3635, related to matching funds from private sources, prior to the general amendment of this subchapter by Pub. L. 107–110. Section 6677, Pub. L. 89–10, title II, § 2307, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1655; amended Pub. L. 107–296, title XVII, § 1704(e)(9), Nov. 25, 2002, 116 Stat. 2315, required a report not later than Mar. 31, 2006, on the effectiveness of the Troops-to-Teachers Program. Prior sections 6681 to 6684 were repealed by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. Section 6681, Pub. L. 89–10, title II, § 2311, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1655, set forth purposes of division B of subpart 1 of part C of former subchapter II of this chapter. Section 6682, Pub. L. 89–10, title II, § 2312, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1656, defined terms in division B of subpart 1 of part C of former subchapter II of this chapter. Section 6683, Pub. L. 89–10, title II, § 2313, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1656, related to transition to teaching grant program. Section 6684, Pub. L. 89–10, title II, § 2314, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1659, related to evaluation and accountability for recruiting and retaining teachers.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6681 - Findings
## Text
Congress finds the following:
(1) Classified school employees provide valuable service in the United States.
(2) Classified school employees provide essential services, such as transportation, facilities maintenance and operations, food service, safety, and health care.
(3) Classified school employees play a vital role in providing for the welfare and safety of students.
(4) Classified school employees strive for excellence in all areas of service to the education community.
(5) Exemplary classified school employees should be recognized for their outstanding contributions to quality education in the United States.
(Pub. L. 116–13, § 2, Apr. 12, 2019, 133 Stat. 847.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Recognizing Achievement in Classified School Employees Act, and not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter.
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# 20 U.S.C. § 6682 - Definitions
## Text
In this subpart:
(1) Classified school employee The term “classified school employee” means an employee of a State or of any political subdivision of a State, or an employee of a nonprofit entity, who works in any grade from prekindergarten through high school in any of the following occupational specialties:
(A) Paraprofessional, including paraeducator services.
(B) Clerical and administrative services.
(C) Transportation services.
(D) Food and nutrition services.
(E) Custodial and maintenance services.
(F) Security services.
(G) Health and student services.
(H) Technical services.
(I) Skilled trades.
(2) Other definitions The terms used in this subpart have the meanings given the terms in section 7801 of this title.
(Pub. L. 116–13, § 3, Apr. 12, 2019, 133 Stat. 847.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Recognizing Achievement in Classified School Employees Act, and not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter.
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# 20 U.S.C. § 6683 - Recognition program established
## Text
(a) In general The Secretary of Education shall establish a national recognition program to be known as the “Recognizing Inspiring School Employees Award Program” or the “award program”. The purpose of the award program shall be to recognize and promote the commitment and excellence exhibited by classified school employees who provide exemplary service to students in prekindergarten through high school.
(b) Award (1) In general Prior to May 31 of each year (beginning with the second calendar year that begins after April 12, 2019), the Secretary shall select a classified school employee to receive the Recognizing Inspiring School Employees Award for the year.
(2) Non-monetary value The award and recognition provided under this subpart shall have no monetary value.
(c) Selection process (1) Nomination process (A) In general Not later than November 1 of each year (beginning with the first calendar year that begins after April 12, 2019), the Secretary shall solicit nominations of classified school employees from the occupational specialties described in section 6682(1) of this title from the Governor of each State.
(B) Nomination submissions In order for individuals in a State to be eligible to receive recognition under this section, the Governor of the State shall consider nominations submitted by the following:
(i) Local educational agencies.
(ii) School administrators.
(iii) Professional associations.
(iv) Labor organizations.
(v) Educational service agencies.
(vi) Nonprofit entities.
(vii) Parents and students.
(viii) Any other group determined appropriate by the Secretary.
(2) Demonstration Each Governor of a State who desires individuals in the State to receive recognition under this section shall submit the nominations described in paragraph (1) to the Secretary in such manner as may be required by the Secretary. Each such nomination shall contain, at a minimum, demonstrations of excellence in the following areas:
(A) Work performance.
(B) School and community involvement.
(C) Leadership and commitment.
(D) Local support.
(E) Enhancement of classified school employees’ image in the community and schools.
(3) Selection The Secretary shall develop uniform national guidelines for evaluating nominations submitted under paragraph (2) in order to select the most deserving nominees based on the demonstrations made in the areas described in such paragraph.
(Pub. L. 116–13, § 4, Apr. 12, 2019, 133 Stat. 848.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Recognizing Achievement in Classified School Employees Act, and not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter.
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# 20 U.S.C. § 6691 - Supplement, not supplant
## Text
Funds made available under this subchapter shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subchapter.
(Pub. L. 89–10, title II, § 2301, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1953.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6691, Pub. L. 89–10, title II, § 2321, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1660, authorized appropriations for subpart 1 of part C of former subchapter II of this chapter, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. A prior section 2301 of Pub. L. 89–10 was classified to section 6671 of this title, prior to repeal by Pub. L. 112–239. Another prior section 2301 of Pub. L. 89–10 was classified to section 6671 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
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# 20 U.S.C. § 6801 - Authorization of appropriations
## Text
There are authorized to be appropriated to carry out this subchapter—
(1) $756,332,450 for fiscal year 2017;
(2) $769,568,267 for fiscal year 2018;
(3) $784,959,633 for fiscal year 2019; and
(4) $884,959,633 for fiscal year 2020.
(Pub. L. 89–10, title III, § 3001, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1689; amended Pub. L. 114–95, title III, § 3002, Dec. 10, 2015, 129 Stat. 1953.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6801, Pub. L. 89–10, title III, § 3101, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3636, set out Short Title of prior subchapter III as the Technology for Education Act of 1994, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 3001 of Pub. L. 89–10 was classified to section 3021 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Amendments2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to authorizations of appropriations, conditions on effectiveness of parts A and B of this subchapter, and references to parts A and B of this subchapter.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6811 - Short title
## Text
This part may be cited as the “English Language Acquisition, Language Enhancement, and Academic Achievement Act”.
(Pub. L. 89–10, title III, § 3101, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1690.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6811, Pub. L. 89–10, title III, § 3111, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3637, set forth findings, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 3101 of Pub. L. 89–10 was classified to section 6801 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
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# 20 U.S.C. § 6812 - Purposes
## Text
The purposes of this part are—
(1) to help ensure that English learners, including immigrant children and youth, attain English proficiency and develop high levels of academic achievement in English;
(2) to assist all English learners, including immigrant children and youth, to achieve at high levels in academic subjects so that all English learners can meet the same challenging State academic standards that all children are expected to meet;
(3) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, local educational agencies, and schools in establishing, implementing, and sustaining effective language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth;
(4) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, and local educational agencies to develop and enhance their capacity to provide effective instructional programs designed to prepare English learners, including immigrant children and youth, to enter all-English instructional settings; and
(5) to promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of English learners.
(Pub. L. 89–10, title III, § 3102, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1690; amended Pub. L. 114–95, title III, § 3003(a), Dec. 10, 2015, 129 Stat. 1954.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6812, Pub. L. 89–10, title III, § 3112, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3638, set forth purpose of former part A of this subchapter, prior to the general amendment of this subchapter by Pub. L. 107–110. Prior sections 6813 to 6815 were omitted in the general amendment of this subchapter by Pub. L. 107–110. Section 6813, 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, defined terms for purposes of prior subchapter III. Section 6814, Pub. L. 89–10, title III, § 3114, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3640, authorized appropriations and set forth funding rule. Section 6815, Pub. L. 89–10, title III, § 3115, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3641, limited use of funds for administrative costs and technical assistance.
Amendments2015—Pub. L. 114–95 amended section generally. Prior to amendment, section related to purposes of this part.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 6821 - Formula grants to States
## Text
(a) In general In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 6823 of this title, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency under subsection (c).
(b) Use of funds (1) Subgrants to eligible entities The Secretary may make a grant under subsection (a) only if the State educational agency involved agrees to expend at least 95 percent of the State educational agency’s allotment under subsection (c) for a fiscal year—
(A) to award subgrants, from allocations under section 6824 of this title, to eligible entities to carry out the activities described in section 6825 of this title (other than subsection (e)); and
(B) to award subgrants under section 6824(d)(1) of this title to eligible entities that are described in that section to carry out the activities described in section 6825(e) of this title.
(2) State activities Subject to paragraph (3), each State educational agency receiving a grant under subsection (a) may reserve not more than 5 percent of the agency’s allotment under subsection (c) to carry out one or more of the following activities:
(A) Establishing and implementing, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized statewide entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State.
(B) Providing effective teacher and principal preparation, effective professional development activities, and other effective activities related to the education of English learners, which may include assisting teachers, principals, and other educators in—
(i) meeting State and local certification and licensing requirements for teaching English learners; and
(ii) improving teaching skills in meeting the diverse needs of English learners, including how to implement effective programs and curricula on teaching English learners.
(C) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1).
(D) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in—
(i) identifying and implementing effective language instruction educational programs and curricula for teaching English learners;
(ii) helping English learners meet the same challenging State academic standards that all children are expected to meet;
(iii) identifying or developing, and implementing, measures of English proficiency; and
(iv) strengthening and increasing parent, family, and community engagement in programs that serve English learners.
(E) Providing recognition, which may include providing financial awards, to recipients of subgrants under section 6825 of this title that have significantly improved the achievement and progress of English learners in meeting—
(i) the State-designed long-term goals established under section 6311(c)(4)(A)(ii) of this title, including measurements of interim progress towards meeting such goals, based on the State’s English language proficiency assessment under section 6311(b)(2)(G) of this title; and
(ii) the challenging State academic standards.
(3) Direct administrative expenses From the amount reserved under paragraph (2), a State educational agency may use not more than 50 percent of such amount or $175,000, whichever is greater, for the planning and direct administrative costs of carrying out paragraphs (1) and (2).
(c) Reservations and allotments (1) Reservations From the amount appropriated under section 6801 of this title for each fiscal year, the Secretary shall reserve—
(A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are defined under section 6822(a) of this title for activities, approved by the Secretary, consistent with this subpart;
(B) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart, as determined by the Secretary, for activities, approved by the Secretary, consistent with this subpart; and
(C) 6.5 percent of such amount for national activities under sections 6861 and 7013 of this title, except that not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 7013 of this title.
(2) State allotments (A) In general Except as provided in subparagraph (B), from the amount appropriated under section 6801 of this title for each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to each State educational agency having a plan approved under section 6823(c) of this title—
(i) an amount that bears the same relationship to 80 percent of the remainder as the number of English learners in the State bears to the number of English learners in all States, as determined in accordance with paragraph (3)(A); and
(ii) an amount that bears the same relationship to 20 percent of the remainder as the number of immigrant children and youth in the State bears to the number of such children and youth in all States, as determined in accordance with paragraph (3)(B).
(B) Minimum allotments No State educational agency shall receive an allotment under this paragraph that is less than $500,000.
(C) Reallotment If any State educational agency described in subparagraph (A) does not submit a plan to the Secretary for a fiscal year, or submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of this subpart, the Secretary—
(i) shall endeavor to make the State’s allotment available on a competitive basis to specially qualified agencies within the State to satisfy the requirements of section 6825 of this title (and any additional requirements that the Secretary may impose), consistent with the purposes of such section, and to carry out required and authorized activities under such section; and
(ii) shall reallot any portion of such allotment remaining after the application of clause (i) to the remaining State educational agencies in accordance with subparagraph (A).
(D) Special rule for Puerto Rico The total amount allotted to Puerto Rico for any fiscal year under subparagraph (A) shall not exceed 0.5 percent of the total amount allotted to all States for that fiscal year.
(3) Use of data for determinations In making State allotments under paragraph (2) for each fiscal year, the Secretary shall—
(A) determine the number of English learners in a State and in all States, using the most accurate, up-to-date data, which shall be—
(i) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates;
(ii) the number of students being assessed for English language proficiency, based on the State’s English language proficiency assessment under section 6311(b)(2)(G) of this title, which may be multiyear estimates; or
(iii) a combination of data available under clauses (i) and (ii); and
(B) determine the number of immigrant children and youth in the State and in all States based only on data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates.
(Pub. L. 89–10, title III, § 3111, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1691; amended Pub. L. 114–95, title III, § 3003(b), Dec. 10, 2015, 129 Stat. 1954.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3111 of Pub. L. 89–10 was classified to section 6811 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (b)(2). Pub. L. 114–95, § 3003(b)(1)(A), added subpars. (A) to (E) and struck out former subpars. (A) to (D) which read as follows: “(A) Professional development activities, and other activities, that assist personnel in meeting State and local certification and licensing requirements for teaching limited English proficient children. “(B) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1). “(C) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in— “(i) identifying and implementing language instruction educational programs and curricula that are based on scientifically based research on teaching limited English proficient children; “(ii) helping limited English proficient children meet the same challenging State academic content and student academic achievement standards as all children are expected to meet; “(iii) identifying or developing, and implementing, measures of English proficiency; and “(iv) promoting parental and community participation in programs that serve limited English proficient children. “(D) Providing recognition, which may include providing financial awards, to subgrantees that have exceeded their annual measurable achievement objectives pursuant to section 6842 of this title.” Subsec. (b)(3). Pub. L. 114–95, § 3003(b)(1)(B), substituted “Direct administrative” for “Administrative” in heading and substituted “50 percent” for “60 percent” and inserted “direct” before “administrative costs” in text. Subsec. (c)(1). Pub. L. 114–95, § 3003(b)(2)(A)(i), substituted “section 6801” for “section 6801(a)” in introductory provisions. Subsec. (c)(1)(B). Pub. L. 114–95, § 3003(b)(2)(A)(ii), inserted “and” after semicolon at end. Subsec. (c)(1)(C). Pub. L. 114–95, § 3003(b)(2)(A)(iii), added subpar. (C) and struck out former subpar. (C) which read as follows: “6.5 percent of such amount for national activities under sections 6861 and 7013 of this title, except that not more than 0.5 percent of such amount shall be reserved for evaluation activities conducted by the Secretary and not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 7013 of this title; and”. Subsec. (c)(1)(D). Pub. L. 114–95, § 3003(b)(2)(A)(iv), struck out subpar. (D) which read as follows: “such sums as may be necessary to make continuation awards under paragraph (2).” Subsec. (c)(2). Pub. L. 114–95, § 3003(b)(2)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which related to continuation awards. Subsec. (c)(2)(A). Pub. L. 114–95, § 3003(b)(2)(D)(i), substituted “section 6801” for “section 6801(a)” in introductory provisions. Subsec. (c)(2)(A)(i). Pub. L. 114–95, § 3003(b)(2)(D)(ii), substituted “English learners in the State bears to the number of English learners in all States, as determined in accordance with paragraph (3)(A); and” for “limited English proficient children in the State bears to the number of such children in all States; and”. Subsec. (c)(2)(A)(ii). Pub. L. 114–95, § 3003(b)(2)(D)(iii), inserted “, as determined in accordance with paragraph (3)(B)” before period at end. Subsec. (c)(3). Pub. L. 114–95, § 3003(b)(2)(E), added par. (3). Former par. (3) redesignated (2). Subsec. (c)(4). Pub. L. 114–95, § 3003(b)(2)(B), struck out par. (4) which related to use of data for determinations.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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title: "20 U.S.C. § 6822"
description: "Native American and Alaska Native children in school"
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title_number: 20
title_name: "EDUCATION"
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section: "6822"
citation: "20 U.S.C. § 6822"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip"
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tags: ["legal", "us-code"]
---
# 20 U.S.C. § 6822 - Native American and Alaska Native children in school
## Text
(a) Eligible entities For the purpose of carrying out programs under this part for individuals served by elementary schools, secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity:
(1) An Indian tribe.
(2) A tribally sanctioned educational authority.
(3) A Native Hawaiian or Native American Pacific Islander native language educational organization.
(4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Education, or a consortium of such schools.
(5) An elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education, in consortium with another such school or a tribal or community organization.
(6) An elementary school or secondary school operated by the Bureau of Indian Education and an institution of higher education, in consortium with an elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education or a tribal or community organization.
(b) Submission of applications for assistance Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a), and that desires to receive Federal financial assistance under this subpart, shall submit an application to the Secretary.
(c) Special rule An eligible entity described in subsection (a) that receives Federal financial assistance pursuant to this section shall not be eligible to receive a subgrant under section 6824 of this title.
(Pub. L. 89–10, title III, § 3112, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1694; amended Pub. L. 114–95, title III, § 3003(c), Dec. 10, 2015, 129 Stat. 1956.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3112 of Pub. L. 89–10 was classified to section 6812 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a)(4) to (6). Pub. L. 114–95 substituted “Bureau of Indian Education” for “Bureau of Indian Affairs” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
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citation: "20 U.S.C. § 6823"
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---
# 20 U.S.C. § 6823 - State and specially qualified agency plans
## Text
(a) Plan required Each State educational agency and specially qualified agency desiring a grant under this subpart shall submit a plan to the Secretary at such time and in such manner as the Secretary may require.
(b) Contents Each plan submitted under subsection (a) shall—
(1) describe the process that the agency will use in awarding subgrants to eligible entities under section 6824(d)(1) of this title;
(2) describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State;
(3) provide an assurance that—
(A) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 6311(b)(2)(B)(ix) of this title regarding assessment of English learners in English;
(B) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all English learners participating in a program funded under this subpart, consistent with section 6311(b)(2)(G) of this title;
(C) in awarding subgrants under section 6824 of this title, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools;
(D) subgrants to eligible entities under section 6824(d)(1) of this title will be of sufficient size and scope to allow such entities to carry out effective language instruction educational programs for English learners;
(E) the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in ways that will build such recipient’s capacity to continue to offer effective language instruction educational programs that assist English learners in meeting challenging State academic standards;
(F) the agency will monitor each eligible entity receiving a subgrant under this subpart for compliance with applicable Federal fiscal requirements; and
(G) the plan has been developed in consultation with local educational agencies, teachers, administrators of programs implemented under this subpart, parents of English learners, and other relevant stakeholders;
(4) describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this chapter and other Acts, as appropriate;
(5) describe how each eligible entity will be given the flexibility to teach English learners—
(A) using a high-quality, effective language instruction curriculum for teaching English learners; and
(B) in the manner the eligible entity determines to be the most effective;
(6) describe how the agency will assist eligible entities in meeting—
(A) the State-designed long-term goals established under section 6311(c)(4)(A)(ii) of this title, including measurements of interim progress towards meeting such goals, based on the State’s English language proficiency assessment under section 6311(b)(2)(G) of this title; and
(B) the challenging State academic standards;
(7) describe how the agency will meet the unique needs of children and youth in the State being served through the reservation of funds under section 6824(d) of this title; and
(8) describe—
(A) how the agency will monitor the progress of each eligible entity receiving a subgrant under this subpart in helping English learners achieve English proficiency; and
(B) the steps the agency will take to further assist eligible entities if the strategies funded under this subpart are not effective, such as providing technical assistance and modifying such strategies.
(c) Approval The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan meets the requirements of this section.
(d) Duration of plan (1) In general Each plan submitted by a State educational agency or specially qualified agency and approved under subsection (c) shall—
(A) remain in effect for the duration of the agency’s participation under this subpart; and
(B) be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agency’s strategies and programs carried out under this subpart.
(2) Additional information (A) Amendments If the State educational agency or specially qualified agency amends the plan, the agency shall submit such amendment to the Secretary.
(B) Approval The Secretary shall approve such amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not meeting the requirements, or fulfilling the purposes, of this subpart.
(e) Consolidated plan A plan submitted under subsection (a) may be submitted as part of a consolidated plan under section 7842 of this title.
(f) Secretary assistance The Secretary shall provide technical assistance, if requested by the State, in the development of English proficiency standards and assessments.
(Pub. L. 89–10, title III, § 3113, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1694; amended Pub. L. 114–95, title III, § 3003(d), Dec. 10, 2015, 129 Stat. 1956.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3113 of Pub. L. 89–10 was classified to section 6813 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments2015—Subsec. (a). Pub. L. 114–95, § 3003(d)(1), substituted “and in such manner” for “, in such manner, and containing such information”. Subsec. (b)(1). Pub. L. 114–95, § 3003(d)(2)(A), substituted “awarding” for “making”. Subsec. (b)(2) to (8). Pub. L. 114–95, § 3003(d)(2)(B), added pars. (2) to (8) and struck out former pars. (2) to (6) which related to establishing standards and objectives for raising the level of English proficiency, assurances by the agency, coordination of programs and activities under this subpart with other programs and activities, accountability, and flexibility in teaching limited English proficient children, respectively. Subsec. (d). Pub. L. 114–95, § 3003(d)(3), substituted “this subpart” for “this part” wherever appearing. Subsec. (e). Pub. L. 114–95, § 3003(d)(4), made technical amendment to reference in original act which appears in text as reference to section 7842 of this title. Subsec. (f). Pub. L. 114–95, § 3003(d)(5), inserted “by the State” after “if requested” and struck out “, objectives,” after “proficiency standards”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

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