Public Law 107-110

PUBLIC LAW 107–110—JAN. 8, 2002

115 STAT. 1425

Public Law 107–110
107th Congress
An Act
To close the achievement gap with accountability, flexibility, and choice, so that
no child is left behind.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This title may be cited as the ‘‘No Child Left Behind Act
of 2001’’.
SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.
5.
6.

Jan. 8, 2002
[H.R. 1]
No Child Left
Behind Act of
2001.
Education.
Intergovernmental
relations.
20 USC 6301
note.

Short title.
Table of contents.
References.
Transition.
Effective date.
Table of contents of Elementary and Secondary Education Act of 1965.

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE
DISADVANTAGED
Sec. 101. Improving the academic achievement of the disadvantaged.
TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY
TEACHERS AND PRINCIPALS
Sec. 201. Teacher and principal training and recruiting fund.
Sec. 202. Continuation of awards.
TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT
AND IMMIGRANT STUDENTS
Sec. 301. Language instruction for limited English proficient children and immigrant children and youth.
TITLE IV—21ST CENTURY SCHOOLS
Sec. 401. 21st Century schools.
TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE
PROGRAMS
Sec. 501. Innovative programs and parental choice provisions.
Sec. 502. Continuation of awards.
TITLE VI—FLEXIBILITY AND ACCOUNTABILITY
Sec. 601. Flexibility and accountability.
Sec. 602. Amendment to the National Education Statistics Act of 1994.
TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 701. Indians, Native Hawaiians, and Alaska Natives.
Sec. 702. Conforming amendments.
Sec. 703. Savings provisions.
TITLE VIII—IMPACT AID PROGRAM
Sec. 801. Payments relating to Federal acquisition of real property.

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115 STAT. 1426

PUBLIC LAW 107–110—JAN. 8, 2002

Sec.
Sec.
Sec.
Sec.

802.
803.
804.
805.

Payments for eligible federally connected children.
Construction.
State consideration of payments in providing State aid.
Authorization of appropriations.

TITLE IX—GENERAL PROVISIONS
Sec. 901. General provisions.
TITLE X—REPEALS, REDESIGNATIONS, AND AMENDMENTS TO OTHER
STATUTES
PART A—REPEALS
Sec. 1011. Repeals.
Sec. 1012. Conforming clerical and technical amendments.
Sec.
Sec.
Sec.
Sec.
Sec.

1021.
1022.
1023.
1024.
1025.

PART B—REDESIGNATIONS
Comprehensive Regional Assistance Centers.
National Diffusion Network.
Eisenhower Regional Mathematics and Science Education Consortia.
Technology-based technical assistance.
Conforming amendments.

Sec.
Sec.
Sec.
Sec.

1031.
1032.
1033.
1034.

PART C—HOMELESS EDUCATION
Short title.
Education for homeless children and youths.
Conforming amendment.
Technical amendment.

Sec.
Sec.
Sec.
Sec.
Sec.

1041.
1042.
1043.
1044.
1045.

PART D—NATIVE AMERICAN EDUCATION IMPROVEMENT
Short title.
Amendments to the Education Amendments of 1978.
Tribally Controlled Schools Act of 1988.
Lease payments by the Ojibwa Indian School.
Enrollment and general assistance payments.

PART E—HIGHER EDUCATION ACT OF 1965
Sec. 1051. Preparing tomorrow’s teachers to use technology.
Sec. 1052. Continuation of awards.
PART F—GENERAL EDUCATION PROVISIONS ACT
Sec. 1061. Student privacy, parental access to information, and administration of
certain physical examinations to minors.
Sec. 1062. Technical corrections.
PART G—MISCELLANEOUS OTHER STATUTES
Title 5 of the United States Code.
Department of Education Organization Act.
Education Flexibility Partnership Act of 1999.
Educational Research, Development, Dissemination, and Improvement
Act of 1994.
Sec. 1075. National Child Protection Act of 1993.
Sec. 1076. Technical and conforming amendments.
Sec.
Sec.
Sec.
Sec.

1071.
1072.
1073.
1074.

SEC. 3. REFERENCES.

Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.).
20 USC 6301
note.

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SEC. 4. TRANSITION.

(a) MULTI-YEAR AWARDS.—Except as otherwise provided in this
Act, the recipient of a multi-year award under the Elementary
and Secondary Education Act of 1965, as that Act was in effect
prior to the date of enactment of this Act, shall continue to receive
funds in accordance with the terms of that award, except that
no additional funds may be awarded after September 30, 2002.

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PUBLIC LAW 107–110—JAN. 8, 2002

115 STAT. 1427

(b) PLANNING AND TRANSITION.—Notwithstanding any other
provision of law, a recipient of funds under the Elementary and
Secondary Education Act of 1965, as that Act was in effect prior
to the date of enactment of this Act, may use funds available
to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order
to ensure an orderly implementation of programs authorized by
this Act, and the amendments made by this Act.
(c) ORDERLY TRANSITION.—The Secretary shall take such steps
as are necessary to provide for the orderly transition to, and
implementation of, programs authorized by this Act, and by the
amendments made by this Act, from programs authorized by the
Elementary and Secondary Education Act of 1965, as that Act
was in effect prior to the date of enactment of this Act.
SEC. 5. EFFECTIVE DATE.

(a) IN GENERAL.—Except as otherwise provided in this Act,
this Act, and the amendments made by this Act, shall be effective
upon the date of enactment of this Act.
(b) NONCOMPETITIVE PROGRAMS.—With respect to noncompetitive programs under which any funds are allotted by the Secretary
of Education to recipients on the basis of a formula, this Act,
and the amendments made by this Act, shall take effect on July
1, 2002.
(c) COMPETITIVE PROGRAMS.—With respect to programs that
are conducted by the Secretary on a competitive basis, this Act,
and the amendments made by this Act, shall take effect with
respect to appropriations for use under those programs for fiscal
year 2002.
(d) IMPACT AID.—With respect to title VIII (Impact Aid), this
Act, and the amendments made by this Act, shall take effect with
respect to appropriations for use under that title for fiscal year
2002.

20 USC 6301
note.

SEC. 6. TABLE OF CONTENTS OF ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.

The Act is amended—
(1) in the heading of section 1, by striking ‘‘TABLE OF
CONTENTS’’ and inserting ‘‘SHORT TITLE’’; and
(2) by adding after section 1 the following new section:

20 USC 6301
note.

‘‘SEC. 2. TABLE OF CONTENTS.

‘‘The table of contents for this Act is as follows:
‘‘Sec. 1. Short title.
‘‘Sec. 2. Table of contents.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE
DISADVANTAGED
1001. Statement of purpose.
1002. Authorization of appropriations.
1003. School improvement.
1004. State administration.

‘‘PART A—IMPROVING BASIC PROGRAMS OPERATED
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

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1111.
1112.
1113.
1114.

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BY

LOCAL EDUCATIONAL AGENCIES

‘‘Subpart 1—Basic Program Requirements
State plans.
Local educational agency plans.
Eligible school attendance areas.
Schoolwide programs.

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115 STAT. 1428

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Sec. 1115. Targeted assistance schools.
‘‘Sec. 1116. Academic assessment and local educational agency and school improvement.
‘‘Sec. 1117. School support and recognition.
‘‘Sec. 1118. Parental involvement.
‘‘Sec. 1119. Qualifications for teachers and paraprofessionals.
‘‘Sec. 1120. Participation of children enrolled in private schools.
‘‘Sec. 1120A. Fiscal requirements.
‘‘Sec. 1120B. Coordination requirements.
‘‘Subpart 2—Allocations
1121. Grants for the outlying areas and the Secretary of the Interior.
1122. Allocations to States.
1124. Basic grants to local educational agencies.
1124A. Concentration grants to local educational agencies.
1125. Targeted grants to local educational agencies.
1125AA. Adequacy of funding of targeted grants to local educational agencies
in fiscal years after fiscal year 2001.
‘‘Sec. 1125A. Education finance incentive grant program.
‘‘Sec. 1126. Special allocation procedures.
‘‘Sec. 1127. Carryover and waiver.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

‘‘PART B—STUDENT READING SKILLS IMPROVEMENT GRANTS
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1201.
1202.
1203.
1204.
1205.
1206.
1207.
1208.

‘‘Subpart 1—Reading First
Purposes.
Formula grants to State educational agencies.
State formula grant applications.
Targeted assistance grants.
External evaluation.
National activities.
Information dissemination.
Definitions.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1221.
1222.
1223.
1224.
1225.
1226.

‘‘Subpart 2—Early Reading First
Purposes; definitions.
Local Early Reading First grants.
Federal administration.
Information dissemination.
Reporting requirements.
Evaluation.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

‘‘Subpart 3—William F. Goodling Even Start Family Literacy Programs
1231. Statement of purpose.
1232. Program authorized.
1233. State educational agency programs.
1234. Uses of funds.
1235. Program elements.
1236. Eligible participants.
1237. Applications.
1238. Award of subgrants.
1239. Evaluation.
1240. Indicators of program quality.
1241. Research.
1242. Construction.

‘‘Subpart 4—Improving Literacy Through School Libraries
‘‘Sec. 1251. Improving literacy through school libraries.
‘‘PART C—EDUCATION OF MIGRATORY CHILDREN
Program purpose.
Program authorized.
State allocations.
State applications; services.
Secretarial approval; peer review.
Comprehensive needs assessment and service-delivery plan; authorized
activities.
‘‘Sec. 1307. Bypass.
‘‘Sec. 1308. Coordination of migrant education activities.
‘‘Sec. 1309. Definitions.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

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1301.
1302.
1303.
1304.
1305.
1306.

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘PART D—PREVENTION

AND INTERVENTION

PROGRAMS FOR CHILDREN
NEGLECTED, DELINQUENT, OR AT-RISK
‘‘Sec. 1401. Purpose and program authorization.
‘‘Sec. 1402. Payments for programs under this part.

115 STAT. 1429
AND

YOUTH

WHO ARE

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1411.
1412.
1413.
1414.
1415.
1416.
1417.
1418.
1419.

‘‘Subpart 1—State Agency Programs
Eligibility.
Allocation of funds.
State reallocation of funds.
State plan and State agency applications.
Use of funds.
Institution-wide projects.
Three-year programs or projects.
Transition services.
Evaluation; technical assistance; annual model program.

‘‘Subpart 2—Local Agency Programs
Purpose.
Programs operated by local educational agencies.
Local educational agency applications.
Uses of funds.
Program requirements for correctional facilities receiving funds under
this section.
‘‘Sec. 1426. Accountability.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1421.
1422.
1423.
1424.
1425.

‘‘Subpart 3—General Provisions
‘‘Sec. 1431. Program evaluations.
‘‘Sec. 1432. Definitions.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1501.
1502.
1503.
1504.

‘‘PART E—NATIONAL ASSESSMENT
Evaluations.
Demonstrations of innovative practices.
Assessment evaluation.
Close Up fellowship program.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1601.
1602.
1603.
1604.
1605.
1606.
1607.
1608.

‘‘PART F—COMPREHENSIVE SCHOOL REFORM
Purpose.
Program authorization.
State applications.
State use of funds.
Local applications.
Local use of funds.
Evaluation and reports.
Quality initiatives.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1701.
1702.
1703.
1704.
1705.
1706.
1707.

‘‘PART G—ADVANCED PLACEMENT PROGRAMS
Short title.
Purposes.
Funding distribution rule.
Advanced placement test fee program.
Advanced placement incentive program grants.
Supplement, not supplant.
Definitions.

OF

TITLE I

‘‘PART H—SCHOOL DROPOUT PREVENTION
‘‘Sec. 1801. Short title.
‘‘Sec. 1802. Purpose.
‘‘Sec. 1803. Authorization of appropriations.
‘‘Subpart 1—Coordinated National Strategy
‘‘Sec. 1811. National activities.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

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1821.
1822.
1823.
1824.
1825.
1826.

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‘‘Subpart 2—School Dropout Prevention Initiative
Definitions.
Program authorized.
Applications.
State reservation.
Strategies and capacity building.
Selection of local educational agencies for subgrants.

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115 STAT. 1430

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1827.
1828.
1829.
1830.

Community based organizations.
Technical assistance.
School dropout rate calculation.
Reporting and accountability.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1901.
1902.
1903.
1904.
1905.
1906.
1907.
1908.

‘‘PART I—GENERAL PROVISIONS
Federal regulations.
Agreements and records.
State administration.
Local educational agency spending audits.
Prohibition against Federal mandates, direction, or control.
Rule of construction on equalized spending.
State report on dropout data.
Regulations for sections 1111 and 1116.

‘‘TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY
TEACHERS AND PRINCIPALS
‘‘PART A—TEACHER AND PRINCIPAL TRAINING
‘‘Sec. 2101. Purpose.
‘‘Sec. 2102. Definitions.
‘‘Sec. 2103. Authorizations of appropriations.

AND

RECRUITING FUND

‘‘Subpart 1—Grants to States
‘‘Sec. 2111. Allotments to States.
‘‘Sec. 2112. State applications.
‘‘Sec. 2113. State use of funds.
‘‘Subpart 2—Subgrants to Local Educational Agencies
‘‘Sec. 2121. Allocations to local educational agencies.
‘‘Sec. 2122. Local applications and needs assessment.
‘‘Sec. 2123. Local use of funds.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

2131.
2132.
2133.
2134.

‘‘Subpart 3—Subgrants to Eligible Partnerships
Definitions.
Subgrants.
Applications.
Use of funds.

‘‘Subpart 4—Accountability
‘‘Sec. 2141. Technical assistance and accountability.
‘‘Subpart 5—National Activities
‘‘Sec. 2151. National activities of demonstrated effectiveness.
‘‘PART B—MATHEMATICS AND SCIENCE PARTNERSHIPS
‘‘Sec. 2201. Purpose; definitions.
‘‘Sec. 2202. Grants for mathematics and science partnerships.
‘‘Sec. 2203. Authorization of appropriations.
‘‘PART C—INNOVATION

FOR

TEACHER QUALITY

‘‘Subpart 1—Transitions to Teaching
‘‘CHAPTER A—TROOPS-TO-TEACHERS PROGRAM

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

2301.
2302.
2303.
2304.
2305.
2306.
2307.

Definitions.
Authorization of Troops-to-Teachers Program.
Recruitment and selection of program participants.
Participation agreement and financial assistance.
Participation by States.
Support of innovative preretirement teacher certification programs.
Reporting requirements.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

2311.
2312.
2313.
2314.

Purposes.
Definitions.
Grant program.
Evaluation and accountability for recruiting and retaining teachers.

‘‘CHAPTER B—TRANSITION TO TEACHING PROGRAM

‘‘CHAPTER C—GENERAL PROVISIONS

‘‘Sec. 2321. Authorization of appropriations.

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PUBLIC LAW 107–110—JAN. 8, 2002

115 STAT. 1431

‘‘Subpart 2—National Writing Project
‘‘Sec. 2331. Purposes.
‘‘Sec. 2332. National Writing Project.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

2341.
2342.
2343.
2344.
2345.
2346.

‘‘Subpart 3—Civic Education
Short title.
Purpose.
General authority.
We the People program.
Cooperative civic education and economic education exchange programs.
Authorization of appropriations.

‘‘Subpart 4—Teaching of Traditional American History
‘‘Sec. 2351. Establishment of program.
‘‘Sec. 2352. Authorization of appropriations.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

2361.
2362.
2363.
2364.
2365.
2366.
2367.
2368.

‘‘Subpart 5—Teacher Liability Protection
Short title.
Purpose.
Definitions.
Applicability.
Preemption and election of State nonapplicability.
Limitation on liability for teachers.
Allocation of responsibility for noneconomic loss.
Effective date.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

2401.
2402.
2403.
2404.

‘‘PART D—ENHANCING EDUCATION THROUGH TECHNOLOGY
Short title.
Purposes and goals.
Definitions.
Authorization of appropriations.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

2411.
2412.
2413.
2414.
2415.
2416.

‘‘Subpart 1—State and Local Technology Grants
Allotment and reallotment.
Use of allotment by State.
State applications.
Local applications.
State activities.
Local activities.

‘‘Subpart 2—National Technology Activities
‘‘Sec. 2421. National activities.
‘‘Sec. 2422. National education technology plan.
‘‘Subpart 3—Ready-to-Learn Television
‘‘Sec. 2431. Ready-to-Learn Television.
‘‘Subpart 4—Limitation on Availability of Certain Funds for Schools
‘‘Sec. 2441. Internet safety.
‘‘TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT
AND IMMIGRANT STUDENTS
‘‘Sec. 3001. Authorizations of appropriations; condition on effectiveness of parts.
‘‘PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT,
ACADEMIC ACHIEVEMENT ACT
‘‘Sec. 3101. Short title.
‘‘Sec. 3102. Purposes.

AND

‘‘Subpart 1—Grants and Subgrants for English Language Acquisition and Language
Enhancement
‘‘Sec. 3111. Formula grants to States.
‘‘Sec. 3112. Native American and Alaska Native children in school.
‘‘Sec. 3113. State and specially qualified agency plans.
‘‘Sec. 3114. Within-State allocations.
‘‘Sec. 3115. Subgrants to eligible entities.
‘‘Sec. 3116. Local plans.
‘‘Subpart 2—Accountability and Administration
‘‘Sec. 3121. Evaluations.

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115 STAT. 1432

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

3122.
3123.
3124.
3125.
3126.
3127.
3128.
3129.

Achievement objectives and accountability.
Reporting requirements.
Coordination with related programs.
Rules of construction.
Legal authority under State law.
Civil rights.
Programs for Native Americans and Puerto Rico.
Prohibition.

‘‘Subpart 3—National Activities
‘‘Sec. 3131. National professional development project.
‘‘Subpart 4—Definitions
‘‘Sec. 3141. Eligible entity.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

‘‘PART B—IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS
3201. Short title.
3202. Purpose.
3203. Native American children in school.
3204. Residents of the territories and freely associated states.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

3211.
3212.
3213.
3214.
3215.
3216.
3217.
3218.

‘‘Subpart 1—Program Development and Enhancement
Financial assistance for language instruction educational programs.
Program enhancement activities.
Comprehensive school and systemwide improvement activities.
Applications.
Capacity building.
Programs for Native Americans and Puerto Rico.
Evaluations.
Construction.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

3221.
3222.
3223.
3224.
3225.

‘‘Subpart 2—Research, Evaluation, and Dissemination
Authority.
Research.
Academic excellence awards.
State grant program.
Instruction materials development.

‘‘Subpart 3—Professional Development
‘‘Sec. 3231. Professional development grants.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

3241.
3242.
3243.
3244.
3245.
3246.
3247.
3248.

‘‘Subpart 4—Emergency Immigrant Education Program
Purpose.
State administrative costs.
Withholding.
State allotments.
State applications.
Administrative provisions.
Uses of funds.
Reports.

‘‘Subpart 5—Administration
‘‘Sec. 3251. Release time.
‘‘Sec. 3252. Notification.
‘‘Sec. 3253. Coordination and reporting requirements.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

3301.
3302.
3303.
3304.

‘‘PART C—GENERAL PROVISIONS
Definitions.
Parental notification.
National Clearinghouse.
Regulations.
‘‘TITLE IV—21ST CENTURY SCHOOLS

‘‘PART A—SAFE AND DRUG-FREE SCHOOLS
‘‘Sec. 4001. Short title.
‘‘Sec. 4002. Purpose.
‘‘Sec. 4003. Authorization of appropriations.

AND

COMMUNITIES

‘‘Subpart 1—State Grants
‘‘Sec. 4111. Reservations and allotments.

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

4112.
4113.
4114.
4115.
4116.
4117.

Reservation of State funds for safe and drug-free schools.
State application.
Local educational agency program.
Authorized activities.
Reporting.
Programs for Native Hawaiians.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

4121.
4122.
4123.
4124.
4125.
4126.
4127.
4128.
4129.
4130.

‘‘Subpart 2—National Programs
Federal activities.
Impact evaluation.
Hate crime prevention.
Safe and Drug-Free Schools and Communities Advisory Committee.
National coordinator program.
Community service grant program.
School Security Technology and Resource Center.
National Center for School and Youth Safety.
Grants to reduce alcohol abuse.
Mentoring programs.

115 STAT. 1433

‘‘Subpart 3—Gun Possession
‘‘Sec. 4141. Gun-free requirements.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

4151.
4152.
4153.
4154.
4155.

‘‘Subpart 4—General Provisions
Definitions.
Message and materials.
Parental consent.
Prohibited uses of funds.
Transfer of school disciplinary records.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

4201.
4202.
4203.
4204.
4205.
4206.

‘‘PART B—21ST CENTURY COMMUNITY LEARNING CENTERS
Purpose; definitions.
Allotments to States.
State application.
Local competitive grant program.
Local activities.
Authorization of appropriations.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

4301.
4302.
4303.
4304.

‘‘PART C—ENVIRONMENTAL TOBACCO SMOKE
Short title.
Definitions.
Nonsmoking policy for children’s services.
Preemption.

‘‘TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE
PROGRAMS
‘‘PART A—INNOVATIVE PROGRAMS
‘‘Sec. 5101. Purposes, State and local responsibility.
‘‘Subpart 1—State and Local Programs
‘‘Sec. 5111. Allotment to States.
‘‘Sec. 5112. Allocation to local educational agencies.
‘‘Subpart 2—State Programs
‘‘Sec. 5121. State uses of funds.
‘‘Sec. 5122. State applications.
‘‘Subpart 3—Local Innovative Education Programs
‘‘Sec. 5131. Local uses of funds.
‘‘Sec. 5132. Administrative authority.
‘‘Sec. 5133. Local applications.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

VerDate 11-MAY-2000

5141.
5142.
5143.
5144.
5145.
5146.

14:55 Mar 26, 2002

‘‘Subpart 4—General Provisions
Maintenance of effort.
Participation of children enrolled in private schools.
Federal administration.
Supplement, not supplant.
Definitions.
Authorization of appropriations.

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘PART B—PUBLIC CHARTER SCHOOLS

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5201.
5202.
5203.
5204.
5205.
5206.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5207.
5208.
5209.
5210.
5211.

‘‘Subpart 1—Charter School Programs
Purpose.
Program authorized.
Applications.
Administration.
National activities.
Federal formula allocation during first year and for successive enrollment expansions.
Solicitation of input from charter school operators.
Records transfer.
Paperwork reduction.
Definitions.
Authorization of appropriations.

‘‘Subpart 2—Credit Enhancement Initiatives To Assist Charter School Facility
Acquisition, Construction, and Renovation
‘‘Sec. 5221. Purpose.
‘‘Sec. 5222. Grants to eligible entities.
‘‘Sec. 5223. Applications.
‘‘Sec. 5224. Charter school objectives.
‘‘Sec. 5225. Reserve account.
‘‘Sec. 5226. Limitation on administrative costs.
‘‘Sec. 5227. Audits and reports.
‘‘Sec. 5228. No full faith and credit for grantee obligations.
‘‘Sec. 5229. Recovery of funds.
‘‘Sec. 5230. Definitions.
‘‘Sec. 5231. Authorization of appropriations.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5241.
5242.
5243.
5244.
5245.
5246.
5247.
5248.

‘‘Subpart 3—Voluntary Public School Choice Programs
Grants.
Uses of funds.
Applications.
Priorities.
Requirements and voluntary participation.
Evaluations.
Definitions.
Authorization of appropriations.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5301.
5302.
5303.
5304.
5305.
5306.
5307.
5308.
5309.
5310.
5311.

‘‘PART C—MAGNET SCHOOLS ASSISTANCE
Findings and purpose.
Definition.
Program authorized.
Eligibility.
Applications and requirements.
Priority.
Use of funds.
Prohibition.
Limitations.
Evaluations.
Authorization of appropriations; reservation.

‘‘PART D—FUND FOR THE IMPROVEMENT
‘‘Sec. 5401. Authorization of appropriations.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5411.
5412.
5413.
5414.

OF

EDUCATION

‘‘Subpart 1—Fund for the Improvement of Education
Programs authorized.
Applications.
Program requirements.
Studies of national significance.

‘‘Subpart 2—Elementary and Secondary School Counseling Programs
‘‘Sec. 5421. Elementary and secondary school counseling programs.
‘‘Subpart 3—Partnerships in Character Education
‘‘Sec. 5431. Partnerships in Character Education program.
‘‘Subpart 4—Smaller Learning Communities
‘‘Sec. 5441. Smaller learning communities.

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115 STAT. 1435

‘‘Subpart 5—Reading Is Fundamental—Inexpensive Book Distribution Program
‘‘Sec. 5451. Inexpensive book distribution program for reading motivation.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5461.
5462.
5463.
5464.
5465.
5466.

‘‘Subpart 6—Gifted and Talented Students
Short title.
Purpose.
Rule of construction.
Authorized programs.
Program priorities.
General provisions.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5471.
5472.
5473.
5474.
5475.
5476.
5477.

‘‘Subpart 7—Star Schools Program
Short title.
Purposes.
Grant program authorized.
Applications.
Other grant assistance.
Administrative provisions.
Definitions.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5481.
5482.
5483.
5484.
5485.

‘‘Subpart 8—Ready to Teach
Grants.
Application required.
Reports and evaluation.
Digital educational programming grants.
Administrative costs.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5491.
5492.
5493.
5494.

‘‘Subpart 9—Foreign Language Assistance Program
Short title.
Program authorized.
Applications.
Elementary school foreign language incentive program.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5501.
5502.
5503.
5504.
5505.
5506.
5507.

‘‘Subpart 10—Physical Education
Short title.
Purpose.
Program authorized.
Applications.
Requirements.
Administrative provisions.
Supplement, not supplant.

‘‘Subpart 11—Community Technology Centers
‘‘Sec. 5511. Purpose and program authorization.
‘‘Sec. 5512. Eligibility and application requirements.
‘‘Sec. 5513. Uses of funds.
‘‘Subpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for
Alaska Natives, Native Hawaiians, and Their Historical Whaling and Trading
Partners in Massachusetts
‘‘Sec. 5521. Short title.
‘‘Sec. 5522. Findings and purposes.
‘‘Sec. 5523. Program authorization.
‘‘Sec. 5524. Administrative provisions.
‘‘Sec. 5525. Availability of funds.
‘‘Sec. 5526. Definitions.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5531.
5532.
5533.
5534.
5535.
5536.
5537.

‘‘Subpart 13—Excellence in Economic Education
Short title.
Purpose and goals.
Grant program authorized.
Applications.
Requirements.
Administrative provisions.
Supplement, not supplant.

‘‘Subpart 14—Grants to Improve the Mental Health of Children
‘‘Sec. 5541. Grants for the integration of schools and mental health systems.

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115 STAT. 1436

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Sec. 5542. Promotion of school readiness through early childhood emotional and
social development.
‘‘Subpart 15—Arts in Education
‘‘Sec. 5551. Assistance for arts education.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

‘‘Subpart 16—Parental Assistance and Local Family Information Centers
5561. Purposes.
5562. Grants authorized.
5563. Applications.
5564. Uses of funds.
5565. Administrative provisions.
5566. Local family information centers.

‘‘Subpart 17—Combatting Domestic Violence
‘‘Sec. 5571. Grants to combat the impact of experiencing or witnessing domestic violence on elementary and secondary school children.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5581.
5582.
5583.
5584.
5585.
5586.

‘‘Subpart 18—Healthy, High-Performance Schools
Grant program authorized.
State uses of funds.
Local uses of funds.
Report to Congress.
Limitations.
Healthy, high-performance school building defined.

‘‘Subpart 19—Grants for Capital Expenses of Providing Equitable Services for
Private School Students
‘‘Sec. 5591. Grant program authorized.
‘‘Sec. 5592. Uses of funds.
‘‘Sec. 5593. Allotments to States.
‘‘Sec. 5594. Subgrants to local educational agencies.
‘‘Sec. 5595. Capital expenses defined.
‘‘Sec. 5596. Termination.
‘‘Subpart 20—Additional Assistance for Certain Local Educational Agencies
Impacted by Federal Property Acquisition
‘‘Sec. 5601. Reservation.
‘‘Sec. 5602. Eligibility.
‘‘Sec. 5603. Maximum amount.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

5611.
5612.
5613.
5614.
5615.
5616.
5617.
5618.

‘‘Subpart 21—Women’s Educational Equity Act
Short title and findings.
Statement of purpose.
Programs authorized.
Applications.
Criteria and priorities.
Report.
Administration.
Amount.
‘‘TITLE VI—FLEXIBILITY AND ACCOUNTABILITY
‘‘PART A—IMPROVING ACADEMIC ACHIEVEMENT

‘‘Subpart 1—Accountability
‘‘Sec. 6111. Grants for State assessments and related activities.
‘‘Sec. 6112. Grants for enhanced assessment instruments.
‘‘Sec. 6113. Funding.
‘‘Subpart
‘‘Sec. 6121.
‘‘Sec. 6122.
‘‘Sec. 6123.

2—Funding Transferability for State and Local Educational Agencies
Short title.
Purpose.
Transferability of funds.

‘‘Subpart 3—State and Local Flexibility Demonstration
‘‘Sec. 6131. Short title.
‘‘Sec. 6132. Purpose.
‘‘Sec. 6133. General provision.

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115 STAT. 1437

‘‘CHAPTER A—STATE FLEXIBILITY AUTHORITY

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

6141.
6142.
6143.
6144.

State flexibility.
Consolidation and use of funds.
Performance review and penalties.
Renewal of grant of flexibility authority.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

6151.
6152.
6153.
6154.
6155.
6156.

Local flexibility demonstration agreements.
Consolidation and use of funds.
Limitations on administrative expenditures.
Performance review and penalties.
Renewal of local flexibility demonstration agreement.
Reports.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

‘‘Subpart 4—State Accountability for Adequate Yearly Progress
6161. Accountability for adequate yearly progress.
6162. Peer review.
6163. Technical assistance.
6164. Report to Congress.

‘‘CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION

‘‘PART B—RURAL EDUCATION INITIATIVE
‘‘Sec. 6201. Short title.
‘‘Sec. 6202. Purpose.
‘‘Subpart 1—Small, Rural School Achievement Program
‘‘Sec. 6211. Use of applicable funding.
‘‘Sec. 6212. Grant program authorized.
‘‘Sec. 6213. Accountability.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

6221.
6222.
6223.
6224.

‘‘Subpart 2—Rural and Low-Income School Program
Program authorized.
Uses of funds.
Applications.
Accountability.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

6231.
6232.
6233.
6234.

‘‘Subpart 3—General Provisions
Annual average daily attendance determination.
Supplement, not supplant.
Rule of construction.
orization of appropriations.

‘‘PART C—GENERAL PROVISIONS
‘‘Sec. 6301. Prohibition against Federal mandates, direction, or control.
‘‘Sec. 6302. Rule of construction on equalized spending.
‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
‘‘PART A—INDIAN EDUCATION
‘‘Sec. 7101. Statement of policy.
‘‘Sec. 7102. Purpose.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

7111.
7112.
7113.
7114.
7115.
7116.
7117.
7118.
7119.

‘‘Subpart 1—Formula Grants to Local Educational Agencies
Purpose.
Grants to local educational agencies and tribes.
Amount of grants.
Applications.
Authorized services and activities.
Integration of services authorized.
Student eligibility forms.
Payments.
State educational agency review.

‘‘Subpart 2—Special Programs and Projects To Improve Educational Opportunities
for Indian Children
‘‘Sec. 7121. Improvement of educational opportunities for Indian children.
‘‘Sec. 7122. Professional development for teachers and education professionals.
‘‘Subpart 3—National Activities
‘‘Sec. 7131. National research activities.

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PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

7132.
7133.
7134.
7135.

In-service training for teachers of Indian children.
Fellowships for Indian students.
Gifted and talented Indian students.
Grants to tribes for education administrative planning and development.
‘‘Sec. 7136. Improvement of educational opportunities for adult Indians.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

7141.
7142.
7143.
7144.

‘‘Subpart 4—Federal Administration
National Advisory Council on Indian Education.
Peer review.
Preference for Indian applicants.
Minimum grant criteria.

‘‘Subpart 5—Definitions; Authorizations of Appropriations
‘‘Sec. 7151. Definitions.
‘‘Sec. 7152. Authorizations of appropriations.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

7201.
7202.
7203.
7204.
7205.
7206.
7207.

‘‘PART B—NATIVE HAWAIIAN EDUCATION
Short title.
Findings.
Purposes.
Native Hawaiian Education Council and island councils.
Program authorized.
Administrative provisions.
Definitions.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

7301.
7302.
7303.
7304.
7305.
7306.

‘‘PART C—AALASKA NATIVE EDUCATION
Short title.
Findings.
Purposes.
Program authorized.
Administrative provisions.
Definitions.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

8001.
8002.
8003.
8004.
8005.
8007.
8008.
8009.
8010.
8011.
8012.
8013.
8014.

‘‘TITLE VIII—IMPACT AID
Purpose.
Payments relating to Federal acquisition of real property.
Payments for eligible federally connected children.
Policies and procedures relating to children residing on Indian lands.
Application for payments under sections 8002 and 8003.
Construction.
Facilities.
State consideration of payments in providing State aid.
Federal administration.
Administrative hearings and judicial review.
Forgiveness of overpayments.
Definitions.
Authorization of appropriations.
‘‘TITLE IX—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS
‘‘Sec. 9101. Definitions.
‘‘Sec. 9102. Applicability of title.
‘‘Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.
‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
‘‘Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs.
‘‘Sec. 9202. Single local educational agency States.
‘‘Sec. 9203. Consolidation of funds for local administration.
‘‘Sec. 9204. Consolidated set-aside for Department of the Interior funds.
‘‘PART C—COORDINATION
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

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9302.
9303.
9304.
9305.

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OF

PROGRAMS; CONSOLIDATED STATE
AND APPLICATIONS

AND

LOCAL PLANS

Purpose.
Optional consolidated State plans or applications.
Consolidated reporting.
General applicability of State educational agency assurances.
Consolidated local plans or applications.

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115 STAT. 1439

‘‘Sec. 9306. Other general assurances.
‘‘PART D—WAIVERS
‘‘Sec. 9401. Waivers of statutory and regulatory requirements.
‘‘PART E—UNIFORM PROVISIONS
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

9501.
9502.
9503.
9504.
9505.
9506.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

9521.
9522.
9523.
9524.
9525.
9526.
9527.
9528.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

9529.
9530.
9531.
9532.
9533.
9534.
9535.
9536.

‘‘Subpart 1—Private Schools
Participation by private school children and teachers.
Standards for by-pass.
Complaint process for participation of private school children.
By-pass determination process.
Prohibition against funds for religious worship or instruction.
Private, religious, and home schools.
‘‘Subpart 2—Other Provisions
Maintenance of effort.
Prohibition regarding State aid.
Privacy of assessment results.
School prayer.
Equal access to public school facilities.
General prohibitions.
Prohibitions on Federal Government and use of Federal funds.
Armed Forces recruiter access to students and student recruiting information.
Prohibition on federally sponsored testing.
Limitations on national testing or certification for teachers.
Prohibition on nationwide database.
Unsafe school choice option.
Prohibition on discrimination.
Civil rights.
Rulemaking.
Severability.
‘‘PART F—EVALUATIONS

‘‘Sec. 9601. Evaluations.’’.

TITLE I—IMPROVING THE ACADEMIC
ACHIEVEMENT OF THE DISADVANTAGED
SEC. 101. IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED.

Title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) is amended to read as follows:

‘‘TITLE I—IMPROVING THE ACADEMIC
ACHIEVEMENT OF THE DISADVANTAGED
‘‘SEC. 1001. STATEMENT OF PURPOSE.

20 USC 6301.

‘‘The purpose of this title is to ensure that all children have
a fair, equal, and significant opportunity to obtain a high-quality
education and reach, at a minimum, proficiency on challenging
State academic achievement standards and state academic assessments. This purpose can be accomplished by—
‘‘(1) ensuring that high-quality academic assessments,
accountability systems, teacher preparation and training, curriculum, and instructional materials are aligned with challenging State academic standards so that students, teachers,

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115 STAT. 1440

PUBLIC LAW 107–110—JAN. 8, 2002
parents, and administrators can measure progress against
common expectations for student academic achievement;
‘‘(2) meeting the educational needs of low-achieving children in our Nation’s highest-poverty schools, limited English
proficient children, migratory children, children with disabilities, Indian children, neglected or delinquent children, and
young children in need of reading assistance;
‘‘(3) closing the achievement gap between high- and lowperforming children, especially the achievement gaps between
minority and nonminority students, and between disadvantaged
children and their more advantaged peers;
‘‘(4) holding schools, local educational agencies, and States
accountable for improving the academic achievement of all students, and identifying and turning around low-performing
schools that have failed to provide a high-quality education
to their students, while providing alternatives to students in
such schools to enable the students to receive a high-quality
education;
‘‘(5) distributing and targeting resources sufficiently to
make a difference to local educational agencies and schools
where needs are greatest;
‘‘(6) improving and strengthening accountability, teaching,
and learning by using State assessment systems designed to
ensure that students are meeting challenging State academic
achievement and content standards and increasing achievement
overall, but especially for the disadvantaged;
‘‘(7) providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance;
‘‘(8) providing children an enriched and accelerated educational program, including the use of schoolwide programs
or additional services that increase the amount and quality
of instructional time;
‘‘(9) promoting schoolwide reform and ensuring the access
of children to effective, scientifically based instructional strategies and challenging academic content;
‘‘(10) significantly elevating the quality of instruction by
providing staff in participating schools with substantial
opportunities for professional development;
‘‘(11) coordinating services under all parts of this title with
each other, with other educational services, and, to the extent
feasible, with other agencies providing services to youth, children, and families; and
‘‘(12) affording parents substantial and meaningful
opportunities to participate in the education of their children.

20 USC 6302.

‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the purpose
of carrying out part A, there are authorized to be appropriated—
‘‘(1) $13,500,000,000 for fiscal year 2002;
‘‘(2) $16,000,000,000 for fiscal year 2003;
‘‘(3) $18,500,000,000 for fiscal year 2004;
‘‘(4) $20,500,000,000 for fiscal year 2005;
‘‘(5) $22,750,000,000 for fiscal year 2006; and
‘‘(6) $25,000,000,000 for fiscal year 2007.
‘‘(b) READING FIRST.—

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115 STAT. 1441

‘‘(1) READING FIRST.—For the purpose of carrying out subpart 1 of part B, there are authorized to be appropriated
$900,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
‘‘(2) EARLY READING FIRST.—For the purpose of carrying
out subpart 2 of part B, there are authorized to be appropriated
$75,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
‘‘(3) EVEN START.—For the purpose of carrying out subpart
3 of part B, there are authorized to be appropriated
$260,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
‘‘(4) IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.—
For the purpose of carrying out subpart 4 of part B, there
are authorized to be appropriated $250,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
5 succeeding fiscal years.
‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For the purpose
of carrying out part C, there are authorized to be appropriated
$410,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
‘‘(d) PREVENTION AND INTERVENTION PROGRAMS FOR YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT RISK.—For the purpose
of carrying out part D, there are authorized to be appropriated
$50,000,000 for fiscal year 2002 and such sums as may be necessary
for each of the 5 succeeding fiscal years.
‘‘(e) FEDERAL ACTIVITIES.—
‘‘(1) SECTIONS 1501 AND 1502.—For the purpose of carrying
out sections 1501 and 1502, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002
and each of the 5 succeeding fiscal years.
‘‘(2) SECTION 1504.—
‘‘(A) IN GENERAL.—For the purpose of carrying out
section 1504, there are authorized to be appropriated such
sums as may be necessary for fiscal year 2002 and for
each of the 5 succeeding fiscal years.
‘‘(B) SPECIAL RULE.—Of the funds appropriated pursuant to subparagraph (A), not more than 30 percent may
be used for teachers associated with students participating
in the programs described in subsections (a)(1), (b)(1), and
(c)(1).
‘‘(f) COMPREHENSIVE SCHOOL REFORM.—For the purpose of carrying out part F, there are authorized to be appropriated such
sums as may be necessary for fiscal year 2002 and each of the
5 succeeding fiscal years.
‘‘(g) ADVANCED PLACEMENT.—For the purposes of carrying out
part G, there are authorized to be appropriated such sums for
fiscal year 2002 and each 5 succeeding fiscal year.
‘‘(h) SCHOOL DROPOUT PREVENTION.—For the purpose of carrying out part H, there are authorized to be appropriated
$125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which—
‘‘(1) up to 10 percent shall be available to carry out subpart
1 of part H for each fiscal year; and
‘‘(2) the remainder shall be available to carry out subpart
2 of part H for each fiscal year.

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‘‘(i) SCHOOL IMPROVEMENT.—For the purpose of carrying out
section 1003(g), there are authorized to be appropriated
$500,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
20 USC 6303.

Public
information.
Records.

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‘‘SEC. 1003. SCHOOL IMPROVEMENT.

‘‘(a) STATE RESERVATIONS.—Each State shall reserve 2 percent
of the amount the State receives under subpart 2 of part A for
fiscal years 2002 and 2003, and 4 percent of the amount received
under such subpart for fiscal years 2004 through 2007, to carry
out subsection (b) and to carry out the State’s responsibilities under
sections 1116 and 1117, including carrying out the State educational
agency’s statewide system of technical assistance and support for
local educational agencies.
‘‘(b) USES.—Of the amount reserved under subsection (a) for
any fiscal year, the State educational agency—
‘‘(1) shall allocate not less than 95 percent of that amount
directly to local educational agencies for schools identified for
school improvement, corrective action, and restructuring, for
activities under section 1116(b); or
‘‘(2) 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 or educational service agencies.
‘‘(c) 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 the lowest-achieving schools;
‘‘(2) demonstrate the greatest need for such funds; and
‘‘(3) demonstrate the strongest commitment to ensuring
that such funds are used to enable the lowest-achieving schools
to meet the progress goals in school improvement plans under
section 1116 (b)(3)(A)(v).
‘‘(d) 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 1126(c).
‘‘(e) SPECIAL RULE.—Notwithstanding any other provision of
this section, the amount of funds reserved by the State educational
agency under subsection (a) in any fiscal year shall not decrease
the amount of funds each local educational agency receives under
subpart 2 below the amount received by such local educational
agency under such subpart for the preceding fiscal year.
‘‘(f) REPORTING.—The State educational agency shall make publicly available a list of those schools that have received funds
or services pursuant to subsection (b) and the percentage of students
from each school from families with incomes below the poverty
line.
‘‘(g) ASSISTANCE FOR LOCAL SCHOOL IMPROVEMENT.—

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115 STAT. 1443

‘‘(1) PROGRAM AUTHORIZED.—The Secretary shall award
grants to States to enable the States to provide subgrants
to local educational agencies for the purpose of providing assistance for school improvement consistent with section 1116.
‘‘(2) STATE ALLOTMENTS.—Such grants shall be allotted
among States, the Bureau of Indian Affairs, and the outlying
areas, in proportion to the funds received by the States, the
Bureau of Indian Affairs, and the outlying areas, respectively,
for the fiscal year under parts A, C, and D of this title. The
Secretary shall expeditiously allot a portion of such funds to
States for the purpose of assisting local educational agencies
and schools that were in school improvement status on the
date preceding the date of enactment of the No Child Left
Behind Act of 2001.
‘‘(3) REALLOCATIONS.—If a State does not receive funds
under this subsection, the Secretary shall reallocate such funds
to other States in the same proportion funds are allocated
under paragraph (2).
‘‘(4) STATE APPLICATIONS.—Each State educational agency
that desires to receive funds under this subsection shall submit
an application to the Secretary at such time, and containing
such information, as the Secretary shall reasonably require,
except that such requirement shall be waived if a State educational agency submitted such information as part of its State
plan under this part. Each State application shall describe
how the State educational agency will allocate such funds in
order to assist the State educational agency and local educational agencies in complying with school improvement, corrective action, and restructuring requirements of section 1116.
‘‘(5) LOCAL EDUCATIONAL AGENCY GRANTS.—A grant to a
local educational agency under this subsection shall be—
‘‘(A) of sufficient size and scope to support the activities
required under sections 1116 and 1117, but not less than
$50,000 and not more than $500,000 for each participating
school;
‘‘(B) integrated with other funds awarded by the State
under this Act; and
‘‘(C) renewable for two additional 1-year periods if
schools are meeting the goals in their school improvement
plans developed under section 1116.
‘‘(6) PRIORITY.—The State, in awarding such grants, shall
give priority to local educational agencies with the lowestachieving schools that demonstrate—
‘‘(A) the greatest need for such funds; and
‘‘(B) the strongest commitment to ensuring that such
funds are used to provide adequate resources to enable
the lowest-achieving schools to meet the goals under school
and local educational agency improvement, corrective
action, and restructuring plans under section 1116.
‘‘(7) ALLOCATION.—A State educational agency that receives
a grant under this subsection shall allocate at least 95 percent
of the grant funds directly to local educational agencies for
schools identified for school improvement, corrective action,
or restructuring to carry out activities under section 1116(b),
or may, with the approval of the local educational agency,
directly provide for these activities or arrange for their provision

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PUBLIC LAW 107–110—JAN. 8, 2002
through other entities such as school support teams or educational service agencies.
‘‘(8) ADMINISTRATIVE COSTS.—A State educational agency
that receives a grant award under this subsection may reserve
not more than 5 percent of such grant funds for administration,
evaluation, and technical assistance expenses.
‘‘(9) LOCAL AWARDS.—Each local educational agency that
applies for assistance under this subsection shall describe how
it will provide the lowest-achieving schools the resources necessary to meet goals under school and local educational agency
improvement, corrective action, and restructuring plans under
section 1116.

20 USC 6304.

‘‘SEC. 1004. STATE ADMINISTRATION.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), to
carry out administrative duties assigned under parts A, C, and
D of this title, 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 title 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 title.

‘‘PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
‘‘Subpart 1—Basic Program Requirements
20 USC 6311.

‘‘SEC. 1111. STATE PLANS.

‘‘(a) PLANS REQUIRED.—
‘‘(1) IN GENERAL.—For any State desiring to receive a grant
under this part, the State educational agency shall submit
to the Secretary a plan, developed by the State educational
agency, in consultation with local educational agencies,
teachers, principals, pupil services personnel, administrators
(including administrators of programs described in other parts
of this title), other staff, and parents, that satisfies the requirements of this section and that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Vocational and Technical Education Act of 1998, the Head Start Act, the Adult Education
and Family Literacy Act, and the McKinney-Vento Homeless
Assistance Act.
‘‘(2) CONSOLIDATED PLAN.—A State plan submitted under
paragraph (1) may be submitted as part of a consolidated
plan under section 9302.
‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND
ACCOUNTABILITY.—
‘‘(1) CHALLENGING ACADEMIC STANDARDS.—
‘‘(A) IN GENERAL.—Each State plan shall demonstrate
that the State has adopted challenging academic content
standards and challenging student academic achievement

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standards that will be used by the State, its local educational agencies, and its schools to carry out this part,
except that a State shall not be required to submit such
standards to the Secretary.
‘‘(B) SAME STANDARDS.—The academic standards
required by subparagraph (A) shall be the same academic
standards that the State applies to all schools and children
in the State.
‘‘(C) SUBJECTS.—The State shall have such academic
standards for all public elementary school and secondary
school children, including children served under this part,
in subjects determined by the State, but including at least
mathematics, reading or language arts, and (beginning in
the 2005–2006 school year) science, which shall include
the same knowledge, skills, and levels of achievement
expected of all children.
‘‘(D) CHALLENGING ACADEMIC STANDARDS.—Standards
under this paragraph shall include—
‘‘(i) challenging academic content standards in academic subjects that—
‘‘(I) specify what children are expected to know
and be able to do;
‘‘(II) contain coherent and rigorous content;
and
‘‘(III) encourage the teaching of advanced
skills; and
‘‘(ii) challenging student academic achievement
standards that—
‘‘(I) are aligned with the State’s academic content standards;
‘‘(II) describe two levels of high achievement
(proficient and advanced) that determine how well
children are mastering the material in the State
academic content standards; and
‘‘(III) describe a third level of achievement
(basic) to provide complete information about the
progress of the lower-achieving children toward
mastering the proficient and advanced levels of
achievement.
‘‘(E) INFORMATION.—For the subjects in which students
will be served under this part, but for which a State is
not required by subparagraphs (A), (B), and (C) to develop,
and has not otherwise developed, such academic standards,
the State plan shall describe a strategy for ensuring that
students are taught the same knowledge and skills in
such subjects and held to the same expectations as are
all children.
‘‘(F) EXISTING STANDARDS.—Nothing in this part shall
prohibit a State from revising, consistent with this section,
any standard adopted under this part before or after the
date of enactment of the No Child Left Behind Act of
2001.
‘‘(2) ACCOUNTABILITY.—
‘‘(A) IN GENERAL.—Each State plan shall demonstrate
that the State has developed and is implementing a single,
statewide State accountability system that will be effective
in ensuring that all local educational agencies, public

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elementary schools, and public secondary schools make adequate yearly progress as defined under this paragraph.
Each State accountability system shall—
‘‘(i) be based on the academic standards and academic assessments adopted under paragraphs (1) and
(3), and other academic indicators consistent with
subparagraph (C)(vi) and (vii), and shall take into
account the achievement of all public elementary school
and secondary school students;
‘‘(ii) be the same accountability system the State
uses for all public elementary schools and secondary
schools or all local educational agencies in the State,
except that public elementary schools, secondary
schools, and local educational agencies not participating under this part are not subject to the requirements of section 1116; and
‘‘(iii) include sanctions and rewards, such as
bonuses and recognition, the State will use to hold
local educational agencies and public elementary
schools and secondary schools accountable for student
achievement and for ensuring that they make adequate
yearly progress in accordance with the State’s definition under subparagraphs (B) and (C).
‘‘(B) ADEQUATE YEARLY PROGRESS.—Each State plan
shall demonstrate, based on academic assessments
described in paragraph (3), and in accordance with this
paragraph, what constitutes adequate yearly progress of
the State, and of all public elementary schools, secondary
schools, and local educational agencies in the State, toward
enabling all public elementary school and secondary school
students to meet the State’s student academic achievement
standards, while working toward the goal of narrowing
the achievement gaps in the State, local educational agencies, and schools.
‘‘(C) DEFINITION.—‘Adequate yearly progress’ shall be
defined by the State in a manner that—
‘‘(i) applies the same high standards of academic
achievement to all public elementary school and secondary school students in the State;
‘‘(ii) is statistically valid and reliable;
‘‘(iii) results in continuous and substantial academic improvement for all students;
‘‘(iv) measures the progress of public elementary
schools, secondary schools and local educational agencies and the State based primarily on the academic
assessments described in paragraph (3);
‘‘(v) includes separate measurable annual objectives for continuous and substantial improvement for
each of the following:
‘‘(I) The achievement of all public elementary
school and secondary school students.
‘‘(II) The achievement of—
‘‘(aa) economically disadvantaged students;
‘‘(bb) students from major racial and
ethnic groups;
‘‘(cc) students with disabilities; and

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‘‘(dd) students with limited English proficiency;
except that disaggregation of data under subclause
(II) 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;
‘‘(vi) in accordance with subparagraph (D), includes
graduation rates for public secondary school students
(defined as the percentage of students who graduate
from secondary school with a regular diploma in the
standard number of years) and at least one other academic indicator, as determined by the State for all
public elementary school students; and
‘‘(vii) in accordance with subparagraph (D), at the
State’s discretion, may also include other academic
indicators, as determined by the State for all public
school students, measured separately for each group
described in clause (v), such as achievement on additional State or locally administered assessments,
decreases in grade-to-grade retention rates, attendance
rates, and changes in the percentages of students completing gifted and talented, advanced placement, and
college preparatory courses.
‘‘(D) REQUIREMENTS FOR OTHER INDICATORS.—In carrying out subparagraph (C)(vi) and (vii), the State—
‘‘(i) shall ensure that the indicators described in
those provisions are valid and reliable, and are consistent with relevant, nationally recognized professional and technical standards, if any; and
‘‘(ii) except as provided in subparagraph (I)(i), may
not use those indicators to reduce the number of, or
change, the schools that would otherwise be subject
to school improvement, corrective action, or restructuring under section 1116 if those additional indicators
were not used, but may use them to identify additional
schools for school improvement or in need of corrective
action or restructuring.
‘‘(E) STARTING POINT.—Each State, using data for the
2001–2002 school year, shall establish the starting point
for measuring, under subparagraphs (G) and (H), the
percentage of students meeting or exceeding the State’s
proficient level of academic achievement on the State
assessments under paragraph (3) and pursuant to the
timeline described in subparagraph (F). The starting point
shall be, at a minimum, based on the higher of the percentage of students at the proficient level who are in—
‘‘(i) the State’s lowest achieving group of students
described in subparagraph (C)(v)(II); or
‘‘(ii) the school at the 20th percentile in the State,
based on enrollment, among all schools ranked by the
percentage of students at the proficient level.
‘‘(F) TIMELINE.—Each State shall establish a timeline
for adequate yearly progress. The timeline shall ensure
that not later than 12 years after the end of the 2001–
2002 school year, all students in each group described

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PUBLIC LAW 107–110—JAN. 8, 2002
in subparagraph (C)(v) will meet or exceed the State’s
proficient level of academic achievement on the State
assessments under paragraph (3).
‘‘(G) MEASURABLE OBJECTIVES.—Each State shall establish statewide annual measurable objectives, pursuant to
subparagraph (C)(v), for meeting the requirements of this
paragraph, and which—
‘‘(i) shall be set separately for the assessments
of mathematics and reading or language arts under
subsection (a)(3);
‘‘(ii) shall be the same for all schools and local
educational agencies in the State;
‘‘(iii) shall identify a single minimum percentage
of students who are required to meet or exceed the
proficient level on the academic assessments that
applies separately to each group of students described
in subparagraph (C)(v);
‘‘(iv) shall ensure that all students will meet or
exceed the State’s proficient level of academic achievement on the State assessments within the State’s
timeline under subparagraph (F); and
‘‘(v) may be the same for more than 1 year, subject
to the requirements of subparagraph (H).
‘‘(H) INTERMEDIATE GOALS FOR ANNUAL YEARLY
PROGRESS.—Each State shall establish intermediate goals
for meeting the requirements, including the measurable
objectives in subparagraph (G), of this paragraph and that
shall—
‘‘(i) increase in equal increments over the period
covered by the State’s timeline under subparagraph
(F);
‘‘(ii) provide for the first increase to occur in not
more than 2 years; and
‘‘(iii) provide for each following increase to occur
in not more than 3 years.
‘‘(I) ANNUAL IMPROVEMENT FOR SCHOOLS.—Each year,
for a school to make adequate yearly progress under this
paragraph—
‘‘(i) each group of students described in subparagraph (C)(v) must meet or exceed the objectives set
by the State under subparagraph (G), except that if
any group described in subparagraph (C)(v) does not
meet those objectives in any particular year, the school
shall be considered to have made adequate yearly
progress if the percentage of students in that group
who did not meet or exceed the proficient level of
academic achievement on the State assessments under
paragraph (3) for that year decreased by 10 percent
of that percentage from the preceding school year and
that group made progress on one or more of the academic indicators described in subparagraph (C)(vi) or
(vii); and
‘‘(ii) not less than 95 percent of each group of
students described in subparagraph (C)(v) who are
enrolled in the school are required to take the assessments, consistent with paragraph (3)(C)(xi) and with

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accommodations, guidelines, and alternative assessments provided in the same manner as those provided
under section 612(a)(17)(A) of the Individuals with
Disabilities Education Act and paragraph (3), on which
adequate yearly progress is based (except that the
95 percent requirement described in this clause shall
not apply 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).
‘‘(J) UNIFORM AVERAGING PROCEDURE.—For the purpose
of determining whether schools are making adequate yearly
progress, the State may establish a uniform procedure for
averaging data which includes one or more of the following:
‘‘(i) The State may average data from the school
year for which the determination is made with data
from one or two school years immediately preceding
that school year.
‘‘(ii) Until the assessments described in paragraph
(3) are administered in such manner and time to allow
for the implementation of the uniform procedure for
averaging data described in clause (i), the State may
use the academic assessments that were required
under paragraph (3) as that paragraph was in effect
on the day preceding the date of enactment of the
No Child Left Behind Act of 2001, provided that
nothing in this clause shall be construed to undermine
or delay the determination of adequate yearly progress,
the requirements of section 1116, or the implementation of assessments under this section.
‘‘(iii) The State may use data across grades in
a school.
‘‘(K) ACCOUNTABILITY FOR CHARTER SCHOOLS.—The
accountability provisions under this Act shall be overseen
for charter schools in accordance with State charter school
law.
‘‘(3) ACADEMIC ASSESSMENTS.—
‘‘(A) IN GENERAL.—Each State plan shall demonstrate
that the State educational agency, in consultation with
local educational agencies, has implemented a set of highquality, yearly student academic assessments that include,
at a minimum, academic assessments in mathematics,
reading or language arts, and science that will be used
as the primary means of determining the yearly performance of the State and of each local educational agency
and school in the State in enabling all children to meet
the State’s challenging student academic achievement
standards, except that no State shall be required to meet
the requirements of this part relating to science assessments until the beginning of the 2007–2008 school year.
‘‘(B) USE OF ASSESSMENTS.—Each State educational
agency may incorporate the data from the assessments
under this paragraph into a State-developed longitudinal
data system that links student test scores, length of enrollment, and graduation records over time.
‘‘(C) REQUIREMENTS.—Such assessments shall—

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‘‘(i) be the same academic assessments used to
measure the achievement of all children;
‘‘(ii) be aligned with the State’s challenging academic content and student academic achievement
standards, and provide coherent information about student attainment of such standards;
‘‘(iii) be used for purposes for which such assessments are valid and reliable, and be consistent with
relevant, nationally recognized professional and technical standards;
‘‘(iv) be used only if the State educational agency
provides to the Secretary evidence from the test publisher or other relevant sources that the assessments
used are of adequate technical quality for each purpose
required under this Act and are consistent with the
requirements of this section, and such evidence is made
public by the Secretary upon request;
‘‘(v)(I) except as otherwise provided for grades 3
through 8 under clause vii, measure the proficiency
of students in, at a minimum, mathematics and reading
or language arts, and be administered not less than
once during—
‘‘(aa) grades 3 through 5;
‘‘(bb) grades 6 through 9; and
‘‘(cc) grades 10 through 12;
‘‘(II) beginning not later than school year 2007–
2008, measure the proficiency of all students in science
and be administered not less than one time during—
‘‘(aa) grades 3 through 5;
‘‘(bb) grades 6 through 9; and
‘‘(cc) grades 10 through 12;
‘‘(vi) involve multiple up-to-date measures of student academic achievement, including measures that
assess higher-order thinking skills and understanding;
‘‘(vii) beginning not later than school year 2005–
2006, measure the achievement of students against
the challenging State academic content and student
academic achievement standards in each of grades 3
through 8 in, at a minimum, mathematics, and reading
or language arts, except that the Secretary may provide
the State 1 additional year if the State demonstrates
that exceptional or uncontrollable circumstances, such
as a natural disaster or a precipitous and unforeseen
decline in the financial resources of the State, prevented full implementation of the academic assessments by that deadline and that the State will complete
implementation within the additional 1-year period;
‘‘(viii) at the discretion of the State, measure the
proficiency of students in academic subjects not
described in clauses (v), (vi), (vii) in which the State
has adopted challenging academic content and academic achievement standards;
‘‘(ix) provide for—
‘‘(I) the participation in such assessments of
all students;
‘‘(II) the reasonable adaptations and accommodations for students with disabilities (as defined

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under section 602(3) of the Individuals with
Disabilities Education Act) necessary to measure
the academic achievement of such students relative
to State academic content and State student academic achievement standards; and
‘‘(III) the inclusion of limited English proficient
students, who shall be assessed in a valid and
reliable manner and provided reasonable accommodations on assessments administered to such
students under this paragraph, including, to the
extent practicable, assessments in the language
and form most likely to yield accurate data on
what such students know and can do in academic
content areas, until such students have achieved
English language proficiency as determined under
paragraph (7);
‘‘(x) notwithstanding subclause (III), the academic
assessment (using tests written in English) of reading
or language arts of any student who has attended
school in the United States (not including Puerto Rico)
for three or more consecutive school years, except that
if the local educational agency determines, on a caseby-case individual basis, that academic assessments
in another language or form would likely yield more
accurate and reliable information on what such student
knows and can do, the local educational agency may
make a determination to assess such student in the
appropriate language other than English for a period
that does not exceed two additional consecutive years,
provided that such student has not yet reached a level
of English language proficiency sufficient to yield valid
and reliable information on what such student knows
and can do on tests (written in English) of reading
or language arts;
‘‘(xi) include students who have attended schools
in a local educational agency for a full academic year
but have not attended a single school for a full academic year, except that the performance of students
who have attended more than 1 school in the local
educational agency in any academic year shall be used
only in determining the progress of the local educational agency;
‘‘(xii) produce individual student interpretive,
descriptive, and diagnostic reports, consistent with
clause (iii) that allow parents, teachers, and principals
to understand and address the specific academic needs
of students, and include information regarding achievement on academic assessments aligned with State academic achievement standards, and that are provided
to parents, teachers, and principals, as soon as is practicably possible after the assessment is given, in an
understandable and uniform format, and to the extent
practicable, in a language that parents can understand;
‘‘(xiii) enable results to be disaggregated within
each State, local educational agency, and school by
gender, by each major racial and ethnic group, by

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PUBLIC LAW 107–110—JAN. 8, 2002
English proficiency status, by migrant status, by students with disabilities as compared to nondisabled students, and by economically disadvantaged students as
compared to students who are not economically disadvantaged, except that, in the case of a local educational agency or a school, such disaggregation 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;
‘‘(xiv) be consistent with widely accepted professional testing standards, objectively measure academic
achievement, knowledge, and skills, and be tests that
do not evaluate or assess personal or family beliefs
and attitudes, or publicly disclose personally identifiable information; and
‘‘(xv) enable itemized score analyses to be produced
and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers,
principals, and administrators can interpret and
address the specific academic needs of students as
indicated by the students’ achievement on assessment
items.
‘‘(D) DEFERRAL.—A State may defer the commencement, or suspend the administration, but not cease the
development, of the assessments described in this paragraph, that were not required prior to the date of enactment
of the No Child Left Behind Act of 2001, for 1 year for
each year for which the amount appropriated for grants
under section 6113(a)(2) is less than—
‘‘(i) $370,000,000 for fiscal year 2002;
‘‘(ii) $380,000,000 for fiscal year 2003;
‘‘(iii) $390,000,000 for fiscal year 2004; and
‘‘(iv) $400,000,000 for fiscal years 2005 through
2007.
‘‘(4) SPECIAL RULE.—Academic assessment measures in
addition to those in paragraph (3) that do not meet the requirements of such paragraph may be included in the assessment
under paragraph (3) as additional measures, but may not be
used in lieu of the academic assessments required under paragraph (3). Such additional assessment measures may not be
used to reduce the number of or change, the schools that
would otherwise be subject to school improvement, corrective
action, or restructuring under section 1116 if such additional
indicators were not used, but may be used to identify additional
schools for school improvement or in need of corrective action
or restructuring except as provided in paragraph (2)(I)(i).
‘‘(5) STATE AUTHORITY.—If a State educational agency provides evidence, which is satisfactory to the Secretary, that
neither the State educational agency nor any other State
government official, agency, or entity has sufficient authority,
under State law, to adopt curriculum content and student academic achievement standards, and academic assessments
aligned with such academic standards, which will be applicable
to all students enrolled in the State’s public elementary schools

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115 STAT. 1453

and secondary schools, then the State educational agency may
meet the requirements of this subsection by—
‘‘(A) adopting academic standards and academic assessments that meet the requirements of this subsection, on
a statewide basis, and limiting their applicability to students served under this part; or
‘‘(B) adopting and implementing policies that ensure
that each local educational agency in the State that receives
grants under this part will adopt curriculum content and
student academic achievement standards, and academic
assessments aligned with such standards, which—
‘‘(i) meet all of the criteria in this subsection and
any regulations regarding such standards and assessments that the Secretary may publish; and
‘‘(ii) are applicable to all students served by each
such local educational agency.
‘‘(6) LANGUAGE ASSESSMENTS.—Each State plan shall identify the languages other than English that are present in the
participating student population and indicate the languages
for which yearly student academic assessments are not available and are needed. The State shall make every effort to
develop such assessments and may request assistance from
the Secretary if linguistically accessible academic assessment
measures are needed. Upon request, the Secretary shall assist
with the identification of appropriate academic assessment
measures in the needed languages, but shall not mandate a
specific academic assessment or mode of instruction.
‘‘(7) ACADEMIC ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY.—Each State plan shall demonstrate that local educational agencies in the State will, beginning not later than
school year 2002–2003, provide for an annual assessment of
English proficiency (measuring students’ oral language,
reading, and writing skills in English) of all students with
limited English proficiency in the schools served by the State
educational agency, except that the Secretary may provide the
State 1 additional year if the State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial
resources of the State, prevented full implementation of this
paragraph by that deadline and that the State will complete
implementation within the additional 1-year period.
‘‘(8) REQUIREMENT.—Each State plan shall describe—
‘‘(A) how the State educational agency will assist each
local educational agency and school affected by the State
plan to develop the capacity to comply with each of the
requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c)
that is applicable to such agency or school;
‘‘(B) how the State educational agency will assist each
local educational agency and school affected by the State
plan to provide additional educational assistance to individual students assessed as needing help to achieve the
State’s challenging academic achievement standards;
‘‘(C) the specific steps the State educational agency
will take to ensure that both schoolwide programs and
targeted assistance schools provide instruction by highly
qualified instructional staff as required by sections
1114(b)(1)(C) and 1115(c)(1)(E), including steps that the

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State educational agency will take to ensure that poor
and minority children are not taught at higher rates than
other children by inexperienced, unqualified, or out-of-field
teachers, and the measures that the State educational
agency will use to evaluate and publicly report the progress
of the State educational agency with respect to such steps;
‘‘(D) an assurance that the State educational agency
will assist local educational agencies in developing or
identifying high-quality effective curricula aligned with
State academic achievement standards and how the State
educational agency will disseminate such curricula to each
local educational agency and school within the State; and
‘‘(E) such other factors the State educational agency
determines appropriate to provide students an opportunity
to achieve the knowledge and skills described in the challenging academic content standards adopted by the State.
‘‘(9) FACTORS AFFECTING STUDENT ACHIEVEMENT.—Each
State plan shall include an assurance that the State educational
agency will coordinate and collaborate, to the extent feasible
and necessary as determined by the State educational agency,
with agencies providing services to children, youth, and families, with respect to local educational agencies within the State
that are identified under section 1116 and that request assistance with addressing major factors that have significantly
affected the academic achievement of students in the local
educational agency or schools served by such agency.
‘‘(10) USE OF ACADEMIC ASSESSMENT RESULTS TO IMPROVE
STUDENT ACADEMIC ACHIEVEMENT.—Each State plan shall
describe how the State educational agency will ensure that
the results of the State assessments described in paragraph
(3)—
‘‘(A) will be promptly provided to local educational
agencies, schools, and teachers in a manner that is clear
and easy to understand, but not later than before the
beginning of the next school year; and
‘‘(B) be used by those local educational agencies,
schools, and teachers to improve the educational achievement of individual students.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.—
Each State plan shall contain assurances that—
‘‘(1) the State educational agency will meet the requirements of subsection (h)(1) and, beginning with the 2002–2003
school year, will produce the annual State report cards
described in such subsection, except that the Secretary may
provide the State educational agency 1 additional year if the
State educational agency demonstrates that exceptional or
uncontrollable circumstances, such as a natural disaster or
a precipitous and unforeseen decline in the financial resources
of the State, prevented full implementation of this paragraph
by that deadline and that the State will complete implementation within the additional 1-year period;
‘‘(2) the State will, beginning in school year 2002–2003,
participate in biennial State academic assessments of 4th and
8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section
411(b)(2) of the National Education Statistics Act of 1994 if
the Secretary pays the costs of administering such assessments;

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115 STAT. 1455

‘‘(3) the State educational agency, in consultation with the
Governor, will include, as a component of the State plan, a
plan to carry out the responsibilities of the State under sections
1116 and 1117, including carrying out the State educational
agency’s statewide system of technical assistance and support
for local educational agencies;
‘‘(4) the State educational agency will work with other
agencies, including educational service agencies or other local
consortia, and institutions to provide technical assistance to
local educational agencies and schools, including technical
assistance in providing professional development under section
1119, technical assistance under section 1117, and technical
assistance relating to parental involvement under section 1118;
‘‘(5)(A) where educational service agencies exist, the State
educational agency will consider providing professional development and technical assistance through such agencies; and
‘‘(B) where educational service agencies do not exist, the
State educational agency will consider providing professional
development and technical assistance through other cooperative
agreements such as through a consortium of local educational
agencies;
‘‘(6) the State educational agency will notify local educational agencies and the public of the content and student
academic achievement standards and academic assessments
developed under this section, and of the authority to operate
schoolwide programs, and will fulfill the State educational
agency’s responsibilities regarding local educational agency
improvement and school improvement under section 1116,
including such corrective actions as are necessary;
‘‘(7) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this part;
‘‘(8) the State educational agency will inform the Secretary
and the public of how Federal laws, if at all, hinder the ability
of States to hold local educational agencies and schools accountable for student academic achievement;
‘‘(9) the State educational agency will encourage schools
to consolidate funds from other Federal, State, and local sources
for schoolwide reform in schoolwide programs under section
1114;
‘‘(10) the State educational agency will modify or eliminate
State fiscal and accounting barriers so that schools can easily
consolidate funds from other Federal, State, and local sources
for schoolwide programs under section 1114;
‘‘(11) the State educational agency has involved the committee of practitioners established under section 1903(b) in
developing the plan and monitoring its implementation;
‘‘(12) the State educational agency will inform local educational agencies in the State of the local educational agency’s
authority to transfer funds under title VI, to obtain waivers
under part D of title IX, and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility
Partnership Act of 1999;
‘‘(13) the State educational agency will coordinate activities
funded under this part with other Federal activities as appropriate; and

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‘‘(14) the State educational agency will encourage local
educational agencies and individual schools participating in
a program assisted under this part to offer family literacy
services (using funds under this part), if the agency or school
determines that a substantial number of students served under
this part by the agency or school have parents who do not
have a secondary school diploma or its recognized equivalent
or who have low levels of literacy.
‘‘(d) PARENTAL INVOLVEMENT.—Each State plan shall describe
how the State educational agency will support the collection and
dissemination to local educational agencies and schools of effective
parental involvement practices. Such practices shall—
‘‘(1) be based on the most current research that meets
the highest professional and technical standards, on effective
parental involvement that fosters achievement to high standards for all children; and
‘‘(2) be geared toward lowering barriers to greater participation by parents in school planning, review, and improvement
experienced.
‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.—
‘‘(1) SECRETARIAL DUTIES.—The Secretary shall—
‘‘(A) establish a peer-review process to assist in the
review of State plans;
‘‘(B) appoint individuals to the peer-review process who
are representative of parents, teachers, State educational
agencies, and local educational agencies, and who are
familiar with educational standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students;
‘‘(C) approve a State plan within 120 days of its submission unless the Secretary determines that the plan does
not meet the requirements of this section;
‘‘(D) if the Secretary determines that the State plan
does not meet the requirements of subsection (a), (b), or
(c), immediately notify the State of such determination
and the reasons for such determination;
‘‘(E) not decline to approve a State’s plan before—
‘‘(i) offering the State an opportunity to revise
its plan;
‘‘(ii) providing technical assistance in order to
assist the State to meet the requirements of subsections (a), (b), and (c); and
‘‘(iii) providing a hearing; and
‘‘(F) have the authority to disapprove a State plan
for not meeting the requirements of this part, but shall
not have the authority to require a State, as a condition
of approval of the State plan, to include in, or delete
from, such plan one or more specific elements of the State’s
academic content standards or to use specific academic
assessment instruments or items.
‘‘(2) STATE REVISIONS.—A State plan shall be revised by
the State educational agency if it is necessary to satisfy the
requirements of this section.
‘‘(f) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each State plan shall—
‘‘(A) remain in effect for the duration of the State’s
participation under this part; and

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115 STAT. 1457

‘‘(B) be periodically reviewed and revised as necessary
by the State educational agency to reflect changes in the
State’s strategies and programs under this part.
‘‘(2) ADDITIONAL INFORMATION.—If significant changes are
made to a State’s plan, such as the adoption of new State
academic content standards and State student achievement
standards, new academic assessments, or a new definition of
adequate yearly progress, such information shall be submitted
to the Secretary.
‘‘(g) PENALTIES.—
‘‘(1) FAILURE TO MEET DEADLINES ENACTED IN 1994.—
‘‘(A) IN GENERAL.—If a State fails to meet the deadlines
established by the Improving America’s Schools Act of 1994
(or under any waiver granted by the Secretary or under
any compliance agreement with the Secretary) for demonstrating that the State has in place challenging academic
content standards and student achievement standards, and
a system for measuring and monitoring adequate yearly
progress, the Secretary shall withhold 25 percent of the
funds that would otherwise be available to the State for
State administration and activities under this part in each
year until the Secretary determines that the State meets
those requirements.
‘‘(B) NO EXTENSION.—Notwithstanding any other provision of law, 90 days after the date of enactment of the
No Child Left Behind Act of 2001 the Secretary shall
not grant any additional waivers of, or enter into any
additional compliance agreements to extend, the deadlines
described in subparagraph (A) for any State.
‘‘(2) FAILURE TO MEET REQUIREMENTS ENACTED IN 2001.—
If a State fails to meet any of the requirements of this section,
other than the requirements described in paragraph (1), then
the Secretary may withhold funds for State administration
under this part until the Secretary determines that the State
has fulfilled those requirements.
‘‘(h) REPORTS.—
‘‘(1) ANNUAL STATE REPORT CARD.—
‘‘(A) IN GENERAL.—Not later than the beginning of
the 2002–2003 school year, unless the State has received
a 1-year extension pursuant to subsection (c)(1), a State
that receives assistance under this part shall prepare and
disseminate an annual State report card.
‘‘(B) IMPLEMENTATION.—The State report card shall
be—
‘‘(i) concise; and
‘‘(ii) presented in an understandable and uniform
format and, to the extent practicable, provided in a
language that the parents can understand.
‘‘(C) REQUIRED INFORMATION.—The State shall include
in its annual State report card—
‘‘(i) information, in the aggregate, on student
achievement at each proficiency level on the State academic assessments described in subsection (b)(3)
(disaggregated by race, ethnicity, gender, disability
status, migrant status, English proficiency, and status
as economically disadvantaged, except that such
disaggregation shall not be required in a case in which

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PUBLIC LAW 107–110—JAN. 8, 2002
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);
‘‘(ii) information that provides a comparison
between the actual achievement levels of each group
of students described in subsection (b)(2)(C)(v) and the
State’s annual measurable objectives for each such
group of students on each of the academic assessments
required under this part;
‘‘(iii) the percentage of students not tested
(disaggregated by the same categories and subject to
the same exception described in clause (i));
‘‘(iv) the most recent 2-year trend in student
achievement in each subject area, and for each grade
level, for which assessments under this section are
required;
‘‘(v) aggregate information on any other indicators
used by the State to determine the adequate yearly
progress of students in achieving State academic
achievement standards;
‘‘(vi) graduation rates for secondary school students
consistent with subsection (b)(2)(C)(vi);
‘‘(vii) information on the performance of local educational agencies in the State regarding making adequate yearly progress, including the number and
names of each school identified for school improvement
under section 1116; and
‘‘(viii) the professional qualifications of teachers
in the State, the percentage of such teachers teaching
with emergency or provisional credentials, and the
percentage of classes in the State not taught by highly
qualified teachers, in the aggregate and disaggregated
by high-poverty compared to low-poverty schools which,
for the purpose of this clause, means schools in the
top quartile of poverty and the bottom quartile of poverty in the State.
‘‘(D) OPTIONAL INFORMATION.—The State may include
in its annual State report card such other information
as the State believes will best provide parents, students,
and other members of the public with information
regarding the progress of each of the State’s public
elementary schools and public secondary schools. Such
information may include information regarding—
‘‘(i) school attendance rates;
‘‘(ii) average class size in each grade;
‘‘(iii) academic achievement and gains in English
proficiency of limited English proficient students;
‘‘(iv) the incidence of school violence, drug abuse,
alcohol abuse, student suspensions, and student expulsions;
‘‘(v) the extent and type of parental involvement
in the schools;
‘‘(vi) the percentage of students completing
advanced placement courses, and the rate of passing
of advanced placement tests; and

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‘‘(vii) a clear and concise description of the State’s
accountability system, including a description of the
criteria by which the State evaluates school performance, and the criteria that the State has established,
consistent with subsection (b)(2), to determine the
status of schools regarding school improvement, corrective action, and restructuring.
‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.—
‘‘(A) REPORT CARDS.—
‘‘(i) IN GENERAL.—Not later than the beginning
of the 2002–2003 school year, a local educational
agency that receives assistance under this part shall
prepare and disseminate an annual local educational
agency report card, except that the State educational
agency may provide the local educational agency 1
additional year if the local educational agency demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the financial resources of
the local educational agency, prevented full
implementation of this paragraph by that deadline and
that the local educational agency will complete
implementation within the additional 1-year period.
‘‘(ii) SPECIAL RULE.—If a State educational agency
has received an extension pursuant to subsection (c)(1),
then a local educational agency within that State shall
not be required to include the information required
under paragraph (1)(C) in such report card during
such extension.
‘‘(B) MINIMUM REQUIREMENTS.—The State educational
agency shall ensure that each local educational agency
collects appropriate data and includes in the local educational agency’s annual report the information described
in paragraph (1)(C) as applied to the local educational
agency and each school served by the local educational
agency, and—
‘‘(i) in the case of a local educational agency—
‘‘(I) the number and percentage of schools
identified for school improvement under section
1116(c) and how long the schools have been so
identified; and
‘‘(II) information that shows how students
served by the local educational agency achieved
on the statewide academic assessment compared
to students in the State as a whole; and
‘‘(ii) in the case of a school—
‘‘(I) whether the school has been identified
for school improvement; and
‘‘(II) information that shows how the school’s
students achievement on the statewide academic
assessments and other indicators of adequate
yearly progress compared to students in the local
educational agency and the State as a whole.
‘‘(C) OTHER INFORMATION.—A local educational agency
may include in its annual local educational agency report
card any other appropriate information, whether or not

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115 STAT. 1460

such information is included in the annual State report
card.
‘‘(D) DATA.—A local educational agency or school shall
only include in its annual local educational agency report
card data that are sufficient to yield statistically reliable
information, as determined by the State, and that do not
reveal personally identifiable information about an individual student.
‘‘(E) PUBLIC DISSEMINATION.—The local educational
agency shall, not later than the beginning of the 2002–
2003 school year, unless the local educational agency has
received a 1-year extension pursuant to subparagraph (A),
publicly disseminate the information described in this paragraph to all schools in the school district served by the
local educational agency and to all parents of students
attending those schools in an understandable and uniform
format and, to the extent practicable, provided in a language that the parents can understand, and make the
information widely available through public means, such
as posting on the Internet, distribution to the media, and
distribution through public agencies, except that if a local
educational agency issues a report card for all students,
the local educational agency may include the information
under this section as part of such report.
‘‘(3) PREEXISTING REPORT CARDS.—A State educational
agency or local educational agency that was providing public
report cards on the performance of students, schools, local
educational agencies, or the State prior to the enactment of
the No Child Left Behind Act of 2001 may use those report
cards for the purpose of this subsection, so long as any such
report card is modified, as may be needed, to contain the
information required by this subsection.
‘‘(4) ANNUAL STATE REPORT TO THE SECRETARY.—Each State
educational agency receiving assistance under this part shall
report annually to the Secretary, and make widely available
within the State—
‘‘(A) beginning with school year 2002–2003, information
on the State’s progress in developing and implementing
the academic assessments described in subsection (b)(3);
‘‘(B) beginning not later than school year 2002–2003,
information on the achievement of students on the academic assessments required by subsection (b)(3), including
the disaggregated results for the categories of students
identified in subsection (b)(2)(C)(v);
‘‘(C) in any year before the State begins to provide
the information described in subparagraph (B), information
on the results of student academic assessments (including
disaggregated results) required under this section;
‘‘(D) beginning not later than school year 2002–2003,
unless the State has received an extension pursuant to
subsection (c)(1), information on the acquisition of English
proficiency by children with limited English proficiency;
‘‘(E) the number and names of each school identified
for school improvement under section 1116(c), the reason
why each school was so identified, and the measures taken
to address the achievement problems of such schools;

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‘‘(F) the number of students and schools that participated in public school choice and supplemental service
programs and activities under this title; and
‘‘(G) beginning not later than the 2002–2003 school
year, information on the quality of teachers and the
percentage of classes being taught by highly qualified
teachers in the State, local educational agency, and school.
‘‘(5) REPORT TO CONGRESS.—The Secretary shall transmit
annually to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report that
provides national and State-level data on the information collected under paragraph (4).
‘‘(6) PARENTS RIGHT-TO-KNOW.—
‘‘(A) QUALIFICATIONS.—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 teacher has met State qualification and licensing criteria for the grade levels and
subject areas in which the teacher provides instruction.
‘‘(ii) Whether the teacher is teaching under emergency or other provisional status through which State
qualification or licensing criteria have been waived.
‘‘(iii) The baccalaureate degree major of the teacher
and any other graduate certification or degree held
by the teacher, and the field of discipline of the certification or degree.
‘‘(iv) 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—
‘‘(i) information on the level of achievement of the
parent’s child in each of the State academic assessments as required under this part; and
‘‘(ii) timely notice that the parent’s child has been
assigned, or has been taught for four or more consecutive weeks by, a teacher who is not highly qualified.
‘‘(C) FORMAT.—The notice and information provided
to parents under this paragraph shall be in an understandable and uniform format and, to the extent practicable,
provided in a language that the parents can understand.
‘‘(i) PRIVACY.—Information collected under this section shall
be collected and disseminated in a manner that protects the privacy
of individuals.
‘‘(j) TECHNICAL ASSISTANCE.—The Secretary shall provide a
State educational agency, at the State educational agency’s request,
technical assistance in meeting the requirements of this section,
including the provision of advice by experts in the development

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PUBLIC LAW 107–110—JAN. 8, 2002

of high-quality academic assessments, the setting of State standards, the development of measures of adequate yearly progress
that are valid and reliable, and other relevant areas.
‘‘(k) VOLUNTARY PARTNERSHIPS.—A State may enter into a voluntary partnership with another State to develop and implement
the academic assessments and standards required under this section.
‘‘(l) CONSTRUCTION.—Nothing in this part shall be construed
to prescribe the use of the academic assessments described in
this part for student promotion or graduation purposes.
‘‘(m) SPECIAL RULE WITH RESPECT TO BUREAU-FUNDED
SCHOOLS.—In determining the assessments to be used by each
operated or funded by BIA school receiving funds under this part,
the following shall apply:
‘‘(1) Each such school that is accredited by the State in
which it is operating shall use the assessments the State has
developed and implemented to meet the requirements of this
section, or such other appropriate assessment as approved by
the Secretary of the Interior.
‘‘(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate assessment,
in consultation with and with the approval of, the Secretary
of the Interior and consistent with assessments adopted by
other schools in the same State or region, that meets the
requirements of this section.
‘‘(3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the
Secretary of the Interior shall ensure that such assessment
meets the requirements of this section.
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

‘‘(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 is coordinated
with other programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Vocational and
Technical Education Act of 1998, the McKinney-Vento Homeless
Assistance Act, and other Acts, as appropriate.
‘‘(2) CONSOLIDATED APPLICATION.—The plan may be submitted as part of a consolidated application under section 9305.
‘‘(b) PLAN PROVISIONS.—
‘‘(1) IN GENERAL.—In order to help low-achieving children
meet challenging achievement academic standards, each local
educational agency plan shall include—
‘‘(A) a description of high-quality student academic
assessments, if any, that are in addition to the academic
assessments described in the State plan under section
1111(b)(3), that the local educational agency and schools
served under this part will use—
‘‘(i) to determine the success of children served
under this part in meeting the State student academic
achievement standards, and to provide information to
teachers, parents, and students on the progress being
made toward meeting the State student academic

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achievement
standards
described
in
section
1111(b)(1)(D)(ii);
‘‘(ii) to assist in diagnosis, teaching, and learning
in the classroom in ways that best enable low-achieving
children served under this part to meet State student
achievement academic standards and do well in the
local curriculum;
‘‘(iii) to determine what revisions are needed to
projects under this part so that such children meet
the State student academic achievement standards;
and
‘‘(iv) to identify effectively students who may be
at risk for reading failure or who are having difficulty
reading, through the use of screening, diagnostic, and
classroom-based instructional reading assessments, as
defined under section 1208;
‘‘(B) at the local educational agency’s discretion, a
description of any other indicators that will be used in
addition to the academic indicators described in section
1111 for the uses described in such section;
‘‘(C) a description of how the local educational agency
will provide additional educational assistance to individual
students assessed as needing help in meeting the State’s
challenging student academic achievement standards;
‘‘(D) a description of the strategy the local educational
agency will use to coordinate programs under this part
with programs under title II to provide professional
development for teachers and principals, and, if appropriate, pupil services personnel, administrators, parents
and other staff, including local educational agency level
staff in accordance with sections 1118 and 1119;
‘‘(E) a description of how the local educational agency
will coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, such as—
‘‘(i) Even Start, Head Start, Reading First, Early
Reading First, and other preschool programs, including
plans for the transition of participants in such programs to local elementary school programs; and
‘‘(ii) services for children with limited English proficiency, children with disabilities, migratory children,
neglected or delinquent youth, Indian children served
under part A of title VII, homeless children, and
immigrant children in order to increase program
effectiveness, eliminate duplication, and reduce fragmentation of the instructional program;
‘‘(F) an assurance that the local educational agency
will participate, if selected, in the State National Assessment of Educational Progress in 4th and 8th grade reading
and mathematics carried out under section 411(b)(2) of
the National Education Statistics Act of 1994;
‘‘(G) a description of the poverty criteria that will be
used to select school attendance areas under section 1113;
‘‘(H) a description of how teachers, in consultation with
parents, administrators, and pupil services personnel, in
targeted assistance schools under section 1115, will identify

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PUBLIC LAW 107–110—JAN. 8, 2002
the eligible children most in need of services under this
part;
‘‘(I) a general description of the nature of the programs
to be conducted by such agency’s schools under sections
1114 and 1115 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;
‘‘(J) a description of how the local educational agency
will 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;
‘‘(K) if appropriate, a description of how the local educational agency will use funds under this part to support
preschool programs for children, particularly children
participating in Early Reading First, or in a Head Start
or Even Start program, which services may be provided
directly by the local educational agency or through a subcontract with the local Head Start agency designated by
the Secretary of Health and Human Services under section
641 of the Head Start Act, or an agency operating an
Even Start program, an Early Reading First program, or
another comparable public early childhood development
program;
‘‘(L) a description of the actions the local educational
agency will take to assist its low-achieving schools identified under section 1116 as in need of improvement;
‘‘(M) a description of the actions the local educational
agency will take to implement public school choice and
supplemental services, consistent with the requirements
of section 1116;
‘‘(N) a description of how the local educational agency
will meet the requirements of section 1119;
‘‘(O) a description of the services the local educational
agency will provide homeless children, including services
provided with funds reserved under section 1113(c)(3)(A);
‘‘(P) a description of the strategy the local educational
agency will use to implement effective parental involvement
under section 1118; and
‘‘(Q) where appropriate, a description of how the local
educational agency will use funds under this part to support after school (including before school and summer
school) and school-year extension programs.
‘‘(2) EXCEPTION.—The academic assessments and indicators
described in subparagraphs (A) and (B) of paragraph (1) shall
not be used—
‘‘(A) in lieu of the academic assessments required under
section 1111(b)(3) and other State academic indicators
under section 1111(b)(2); or
‘‘(B) to reduce the number of, or change which, schools
would otherwise be subject to school improvement, corrective action, or restructuring under section 1116, if such
additional assessments or indicators described in such subparagraphs were not used, but such assessments and
indicators may be used to identify additional schools for

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school improvement or in need of corrective action or
restructuring.
‘‘(c) ASSURANCES.—
‘‘(1) IN GENERAL.—Each local educational agency plan shall
provide assurances that the local educational agency will—
‘‘(A) inform eligible schools and parents of schoolwide
program authority and the ability of such schools to consolidate funds from Federal, State, and local sources;
‘‘(B) provide technical assistance and support to
schoolwide programs;
‘‘(C) work in consultation with schools as the schools
develop the schools’ plans pursuant to section 1114 and
assist schools as the schools implement such plans or
undertake activities pursuant to section 1115 so that each
school can make adequate yearly progress toward meeting
the State student academic achievement standards;
‘‘(D) fulfill such agency’s school improvement responsibilities under section 1116, including taking actions under
paragraphs (7) and (8) of section 1116(b);
‘‘(E) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services;
‘‘(F) take into account the experience of model programs
for the educationally disadvantaged, and the findings of
relevant scientifically based research indicating that services may be most effective if focused on students in the
earliest grades at schools that receive funds under this
part;
‘‘(G) in the case of a local educational agency that
chooses to use funds under this part to provide early childhood development 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;
‘‘(H) work in consultation with schools as the schools
develop and implement their plans or activities under sections 1118 and 1119;
‘‘(I) comply with the requirements of section 1119
regarding the qualifications of teachers and paraprofessionals and professional development;
‘‘(J) inform eligible schools of the local educational
agency’s authority to obtain waivers on the school’s behalf
under title IX and, if the State is an Ed-Flex Partnership
State, to obtain waivers under the Education Flexibility
Partnership Act of 1999;
‘‘(K) coordinate and collaborate, to the extent feasible
and necessary as determined by the local educational
agency, with the State educational agency and other agencies providing services to children, youth, and families with
respect to a school in school improvement, corrective action,
or restructuring under section 1116 if such a school
requests assistance from the local educational agency in
addressing major factors that have significantly affected
student achievement at the school;

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115 STAT. 1466

‘‘(L) ensure, through incentives for voluntary transfers,
the provision of professional development, recruitment programs, or other effective strategies, that low-income students and minority students are not taught at higher rates
than other students by unqualified, out-of-field, or inexperienced teachers;
‘‘(M) use the results of the student academic assessments required under section 1111(b)(3), and other measures or indicators available to the agency, to review
annually the progress of each school served by the agency
and receiving funds under this part to determine whether
all of the schools are making the progress necessary to
ensure that all students will meet the State’s proficient
level of achievement on the State academic assessments
described in section 1111(b)(3) within 12 years from the
end of the 2001–2002 school year;
‘‘(N) ensure that the results from the academic assessments required under section 1111(b)(3) will be provided
to parents and teachers as soon as is practicably possible
after the test is taken, in an understandable and uniform
format and, to the extent practicable, provided in a language that the parents can understand; and
‘‘(O) assist each school served by the agency and
assisted under this part in developing or identifying examples of high-quality, effective curricula consistent with section 1111(b)(8)(D).
‘‘(2) SPECIAL RULE.—In carrying out subparagraph (G) of
paragraph (1), the Secretary—
‘‘(A) shall consult with the Secretary of Health and
Human Services and shall establish procedures (taking
into consideration existing State and local laws, and local
teacher contracts) to assist local educational agencies to
comply with such subparagraph; and
‘‘(B) shall disseminate to local educational agencies
the Head Start performance standards as in effect under
section 641A(a) of the Head Start Act, and such agencies
affected by such subparagraph shall plan for the
implementation of such subparagraph (taking into consideration existing State and local laws, and local teacher contracts), including pursuing the availability of other Federal,
State, and local funding sources to assist in compliance
with such subparagraph.
‘‘(3) INAPPLICABILITY.—Paragraph (1)(G) of this subsection
shall not apply to preschool programs using the Even Start
model or to Even Start programs that are expanded through
the use of funds under this part.
‘‘(d) PLAN DEVELOPMENT AND DURATION.—
‘‘(1) CONSULTATION.—Each local educational agency plan
shall be developed in consultation with teachers, principals,
administrators (including administrators of programs described
in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under
this part.
‘‘(2) DURATION.—Each such plan shall be submitted for
the first year for which this part is in effect following the
date of enactment of the No Child Left Behind Act of 2001

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and shall remain in effect for the duration of the agency’s
participation under this part.
‘‘(3) REVIEW.—Each local educational agency shall periodically review and, as necessary, revise its plan.
‘‘(e) STATE APPROVAL.—
‘‘(1) IN GENERAL.—Each local educational agency plan shall
be filed according to a schedule established by the State educational agency.
‘‘(2) 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—
‘‘(A) enables schools served under this part to substantially help children served under this part meet the academic standards expected of all children described in section 1111(b)(1); and
‘‘(B) meets the requirements of this section.
‘‘(3) REVIEW.—The State educational agency shall review
the local educational agency’s plan to determine if such agencies
activities are in accordance with sections 1118 and 1119.
‘‘(f) PROGRAM RESPONSIBILITY.—The local educational agency
plan shall reflect the shared responsibility of schools, teachers,
and the local educational agency in making decisions regarding
activities under sections 1114 and 1115.
‘‘(g) PARENTAL NOTIFICATION.—
‘‘(1) IN GENERAL.—
‘‘(A) NOTICE.—Each local educational agency using
funds under this part to provide a language instruction
educational program as determined in part C of title III
shall, not later than 30 days after the beginning of the
school year, inform a parent or parents of a limited English
proficient child identified for participation or participating
in, such a program of—
‘‘(i) the reasons for the identification of their child
as limited English proficient 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 limited English proficient children, and the expected rate
of graduation from secondary school for such program

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115 STAT. 1468

if funds under this part are used for children in secondary 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;
‘‘(viii) information pertaining to parental rights
that includes written guidance—
‘‘(I) detailing—
‘‘(aa) the right that parents have to have
their child immediately removed from such
program upon their request; and
‘‘(bb) 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
‘‘(II) assisting parents in selecting among various programs and methods of instruction, if more
than one program or method is offered by the
eligible entity.
‘‘(B) SEPARATE NOTIFICATION.—In addition to providing
the information required to be provided under paragraph
(1), each eligible entity that is using funds provided under
this part to provide a language instruction educational
program, and that has failed to make progress on the
annual measurable achievement objectives described in section 3122 for any fiscal year for which part A is in effect,
shall separately inform a parent or the parents of a child
identified for participation in such program, or participating in such program, of such failure not later than
30 days after such failure occurs.
‘‘(2) NOTICE.—The notice and information provided in paragraph (1) to a parent or parents of a child identified for participation in a language instruction educational program for limited English proficient children shall be in an understandable
and uniform format and, to the extent practicable, provided
in a language that the parents can understand.
‘‘(3) SPECIAL RULE APPLICABLE DURING THE SCHOOL YEAR.—
For those children who have not been identified as limited
English proficient prior to the beginning of the school year
the local educational agency shall notify parents within the
first 2 weeks of the child being placed in a language instruction
educational program consistent with paragraphs (1) and (2).
‘‘(4) PARENTAL PARTICIPATION.—Each local educational
agency receiving funds under this part shall implement an
effective means of outreach to parents of limited English proficient students to inform the parents regarding how the parents can be involved in the education of their children, and
be active participants in assisting their children to attain
English proficiency, achieve at high levels in core academic
subjects, and meet challenging State academic achievement
standards and State academic content standards expected of
all students, including 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.
‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A student shall
not be admitted to, or excluded from, any federally assisted

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education program on the basis of a surname or languageminority status.
‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

20 USC 6313.

‘‘(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.—If funds allocated in accordance with
subsection (c) 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.
‘‘(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.—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).

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‘‘(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 1120A(c);
‘‘(ii) the school is receiving supplemental funds
from other State or local sources that are spent
according to the requirements of section 1114 or 1115;
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

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(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 1112, 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 1114 or 1115.
‘‘(3) RESERVATION.—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.
‘‘(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 title II, and not more than 5 percent of those
funds received by the local educational agency under subpart
2, to provide financial incentives and rewards to teachers who
serve in schools eligible under this section and identified for
school improvement, corrective action, and restructuring under
section 1116(b) for the purpose of attracting and retaining
qualified and effective teachers.
‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.

20 USC 6314.

‘‘(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—
‘‘(1) IN GENERAL.—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.
‘‘(2) IDENTIFICATION OF STUDENTS NOT REQUIRED.—
‘‘(A) IN GENERAL.—No school participating in a
schoolwide program shall be required—
‘‘(i) to identify particular children under this part
as eligible to participate in a schoolwide program; or

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‘‘(ii) to provide services to such children that are
supplementary, as otherwise required by section
1120A(b).
‘‘(B) SUPPLEMENTAL FUNDS.—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 children with
limited English proficiency.
‘‘(3) EXEMPTION FROM STATUTORY AND REGULATORY
REQUIREMENTS.—
‘‘(A) EXEMPTION.—Except as provided in subsection (b),
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, except as provided in section 613(a)(2)(D) of such Act),
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, maintenance of effort, comparability of services, uses of Federal funds to supplement,
not supplant non-Federal funds, 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 consolidates and uses
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.
‘‘(4) PROFESSIONAL DEVELOPMENT.—Each school receiving
funds under this part for any fiscal year shall devote sufficient
resources to effectively carry out the activities described in
subsection (b)(1)(D) in accordance with section 1119 for such
fiscal year, except that a school may enter into a consortium
with another school to carry out such activities.
‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—
‘‘(1) IN GENERAL.—A schoolwide program shall include the
following components:
‘‘(A) A comprehensive needs assessment of the entire
school (including taking into account the needs of migratory
children as defined in section 1309(2)) that is based on
information which includes the achievement of children
in relation to the State academic content standards and

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the State student academic achievement standards
described in section 1111(b)(1).
‘‘(B) Schoolwide reform strategies that—
‘‘(i) provide opportunities for all children to meet
the State’s proficient and advanced levels of student
academic
achievement
described
in
section
1111(b)(1)(D);
‘‘(ii) use effective methods and instructional strategies that are based on scientifically based research
that—
‘‘(I) strengthen the core academic program in
the school;
‘‘(II) increase the amount and quality of
learning time, such as providing an extended
school year and before- and after-school and
summer programs and opportunities, and help provide an enriched and accelerated curriculum; and
‘‘(III) include strategies for meeting the educational needs of historically underserved populations;
‘‘(iii)(I) include strategies to address the needs of
all children in the school, but particularly the needs
of low-achieving children and those at risk of not
meeting the State student academic achievement
standards who are members of the target population
of any program that is included in the schoolwide
program, which may include—
‘‘(aa) counseling, pupil services, and mentoring
services;
‘‘(bb) college and career awareness and
preparation, such as college and career guidance,
personal finance education, and innovative
teaching methods, which may include applied
learning and team-teaching strategies; and
‘‘(cc) the integration of vocational and technical
education programs; and
‘‘(II) address how the school will determine if such
needs have been met; and
‘‘(iv) are consistent with, and are designed to implement, the State and local improvement plans, if any.
‘‘(C) Instruction by highly qualified teachers.
‘‘(D) In accordance with section 1119 and subsection
(a)(4), high-quality and ongoing professional development
for teachers, principals, and paraprofessionals and, if
appropriate, pupil services personnel, parents, and other
staff to enable all children in the school to meet the State’s
student academic achievement standards.
‘‘(E) Strategies to attract high-quality highly qualified
teachers to high-need schools.
‘‘(F) Strategies to increase parental involvement in
accordance with section 1118, such as family literary services.
‘‘(G) Plans for assisting preschool children in the transition from early childhood programs, such as Head Start,
Even Start, Early Reading First, or a State-run preschool
program, to local elementary school programs.

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115 STAT. 1474

‘‘(H) Measures to include teachers in the decisions
regarding the use of academic assessments described in
section 1111(b)(3) in order to provide information on, and
to improve, the achievement of individual students and
the overall instructional program.
‘‘(I) Activities to ensure that students who experience
difficulty mastering the proficient or advanced levels of
academic achievement standards required by section
1111(b)(1) shall be provided with effective, timely additional
assistance which shall include measures to ensure that
students’ difficulties are identified on a timely basis and
to provide sufficient information on which to base effective
assistance.
‘‘(J) Coordination and integration of Federal, State,
and local services and programs, including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start, adult education, vocational and technical education, and job training.
‘‘(2) PLAN.—
‘‘(A) IN GENERAL.—Any eligible school that desires to
operate a schoolwide program shall first develop (or amend
a plan for such a program that was in existence on the
day before the date of enactment of the No Child Left
Behind Act of 2001), in consultation with the local educational agency and its school support team or other technical assistance provider under section 1117, a comprehensive plan for reforming the total instructional program
in the school that—
‘‘(i) describes how the school will implement the
components described in paragraph (1);
‘‘(ii) describes how the school will use resources
under this part and from other sources to implement
those components;
‘‘(iii) includes a list of State educational agency
and local educational agency programs and other Federal programs under subsection (a)(3) that will be
consolidated in the schoolwide program; and
‘‘(iv) describes how the school will provide individual student academic assessment results in a language the parents can understand, including an
interpretation of those results, to the parents of a
child who participates in the academic assessments
required by section 1111(b)(3).
‘‘(B) PLAN DEVELOPMENT.—The comprehensive plan
shall be—
‘‘(i) developed during a one-year period, unless—
‘‘(I) the local educational agency, after considering the recommendation of the technical assistance providers under section 1117, determines that
less time is needed to develop and implement the
schoolwide program; or
‘‘(II) the school is operating a schoolwide program on the day preceding the date of enactment
of the No Child Left Behind Act of 2001, 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

Records.

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after that date to reflect the provisions of this
section;
‘‘(ii) 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, and administrators (including
administrators of programs described in other parts
of this title), and, if appropriate, pupil services personnel, technical assistance providers, school staff, and,
if the plan relates to a secondary school, students
from such school;
‘‘(iii) in effect for the duration of the school’s
participation under this part and reviewed and revised,
as necessary, by the school;
‘‘(iv) 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
‘‘(v) if appropriate, developed in coordination with
programs under Reading First, Early Reading First,
Even Start, Carl D. Perkins Vocational and Technical
Education Act of 1998, and the Head Start Act.
‘‘(c) PREKINDERGARTEN PROGRAM.—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.
‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

20 USC 6315.

‘‘(a) IN GENERAL.—In all schools selected to receive funds under
section 1113(c) that are ineligible for a schoolwide program under
section 1114, 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) identified as having
the greatest need for special assistance.
‘‘(b) 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 State’s challenging
student academic achievement 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 such criteria
as teacher judgment, interviews with parents, and developmentally appropriate measures.

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PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) CHILDREN INCLUDED.—
‘‘(A) IN GENERAL.—Children who are economically disadvantaged, children with disabilities, migrant children or
limited English proficient children, are eligible for services
under this part on the same basis as other children selected
to receive services under this part.
‘‘(B) HEAD START, EVEN START, OR EARLY READING FIRST
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, Even Start, or Early Reading
First program, or in preschool services under this title,
is eligible for services under this part.
‘‘(C) PART C 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.
‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE SCHOOL PROGRAM.—
‘‘(1) IN GENERAL.—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 State’s challenging student academic
achievement standards in subjects as determined by the State,
each targeted assistance program under this section shall—
‘‘(A) use such program’s resources under this part to
help participating children meet such State’s challenging
student academic achievement standards expected for all
children;
‘‘(B) ensure that planning for students served under
this part is incorporated into existing school planning;
‘‘(C) use effective methods and instructional strategies
that are based on scientifically based research that
strengthens the core academic program of the school and
that—
‘‘(i) give primary consideration to providing
extended learning time, such as an extended school
year, before- and after-school, and summer programs
and opportunities;
‘‘(ii) help provide an accelerated, high-quality curriculum, including applied learning; and
‘‘(iii) minimize removing children from the regular
classroom during regular school hours for instruction
provided under this part;
‘‘(D) coordinate with and support the regular education
program, which may include services to assist preschool
children in the transition from early childhood programs

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such as Head Start, Even Start, Early Reading First or
State-run preschool programs to elementary school programs;
‘‘(E) provide instruction by highly qualified teachers;
‘‘(F) in accordance with subsection (e)(3) and section
1119, provide opportunities for professional development
with resources provided under this part, and, to the extent
practicable, from other sources, for teachers, principals,
and paraprofessionals, including, if appropriate, pupil services personnel, parents, and other staff, who work with
participating children in programs under this section or
in the regular education program;
‘‘(G) provide strategies to increase parental involvement in accordance with section 1118, such as family literacy services; and
‘‘(H) coordinate and integrate Federal, State, and local
services and programs, including programs supported
under this Act, violence prevention programs, nutrition
programs, housing programs, Head Start, adult education,
vocational and technical education, and job training.
‘‘(2) REQUIREMENTS.—Each school conducting a program
under this section shall assist participating children selected
in accordance with subsection (b) to meet the State’s proficient
and advanced levels of achievement by—
‘‘(A) the coordinating of resources provided under this
part with other resources; and
‘‘(B) reviewing, on an ongoing basis, the progress of
participating children and revising the targeted assistance
program, if necessary, to provide additional assistance to
enable such children to meet the State’s challenging student academic achievement standards, such as an extended
school year, before- and after-school, and summer programs
and opportunities, training for teachers regarding how to
identify students who need additional assistance, and
training for teachers regarding how to implement student
academic achievement standards in the classroom.
‘‘(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—

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115 STAT. 1478

PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(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; and
‘‘(iii) professional development necessary to assist
teachers, pupil services personnel, other staff, and parents in identifying and meeting the comprehensive
needs of eligible children.
‘‘(3) PROFESSIONAL DEVELOPMENT.—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)
in accordance with section 1119 for such fiscal year, and a
school may enter into a consortium with another school to
carry out such activities.

20 USC 6316.

‘‘SEC.

1116.

ACADEMIC ASSESSMENT AND LOCAL
AGENCY AND SCHOOL IMPROVEMENT.

EDUCATIONAL

‘‘(a) LOCAL REVIEW.—
‘‘(1) IN GENERAL.—Each local educational agency receiving
funds under this part shall—
‘‘(A) use the State academic assessments and other
indicators described in the State plan to review annually
the progress of each school served under this part to determine whether the school is making adequate yearly
progress as defined in section 1111(b)(2);
‘‘(B) at the local educational agency’s discretion, use
any academic assessments or any other academic indicators
described in the local educational agency’s plan under section 1112(b)(1)(A) and (B) to review annually the progress
of each school served under this part to determine whether
the school is making adequate yearly progress as defined
in section 1111(b)(2), except that the local educational
agency may not use such indicators (other than as provided
for in section 1111(b)(2)(I)) if the indicators reduce the
number or change the schools that would otherwise be
subject to school improvement, corrective action, or restructuring under section 1116 if such additional indicators
were not used, but may identify additional schools for
school improvement or in need of corrective action or
restructuring;
‘‘(C) publicize and disseminate the results of the local
annual review described in paragraph (1) to parents,
teachers, principals, schools, and the community so that
the teachers, principals, other staff, and schools can continually refine, in an instructionally useful manner, the program of instruction to help all children served under this

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part meet the challenging State student academic achievement standards established under section 1111(b)(1); and
‘‘(D) review the effectiveness of the actions and activities the schools are carrying out under this part with
respect to parental involvement, professional development,
and other activities assisted under this part.
‘‘(2) AVAILABLE RESULTS.—The State educational agency
shall ensure that the results of State academic assessments
administered in that school year are available to the local
educational agency before the beginning of the next school
year.
‘‘(b) SCHOOL IMPROVEMENT.—
‘‘(1) GENERAL REQUIREMENTS.—
‘‘(A) IDENTIFICATION.—Subject to subparagraph (C), a
local educational agency shall identify for school improvement any elementary school or secondary school served
under this part that fails, for 2 consecutive years, to make
adequate yearly progress as defined in the State’s plan
under section 1111(b)(2).
‘‘(B) DEADLINE.—The identification described in
subparagraph (A) shall take place before the beginning
of the school year following such failure to make adequate
yearly progress.
‘‘(C) APPLICATION.—Subparagraph (A) shall not apply
to a school if almost every student in each group specified
in section 1111(b)(2)(C)(v) enrolled in such school is meeting
or exceeding the State’s proficient level of academic achievement.
‘‘(D) TARGETED ASSISTANCE SCHOOLS.—To determine if
an elementary school or a secondary school that is conducting a targeted assistance program under section 1115
should be identified for school improvement, corrective
action, or restructuring under this section, a local educational agency may choose to review the progress of only
the students in the school who are served, or are eligible
for services, under this part.
‘‘(E) PUBLIC SCHOOL CHOICE.—
‘‘(i) IN GENERAL.—In the case of a school identified
for school improvement under this paragraph, the local
educational agency shall, not later than the first day
of the school year following such identification, provide
all students enrolled in the school with the option
to transfer to another public school served by the local
educational agency, which may include a public charter
school, that has not been identified for school improvement under this paragraph, unless such an option
is prohibited by State law.
‘‘(ii) RULE.—In providing students the option to
transfer to another public school, the local educational
agency shall give priority to the lowest achieving children from low-income families, as determined by the
local educational agency for purposes of allocating
funds to schools under section 1113(c)(1).
‘‘(F) TRANSFER.—Students who use the option to
transfer under subparagraph (E) and paragraph (5)(A),
(7)(C)(i), or (8)(A)(i) or subsection (c)(10)(C)(vii) shall be
enrolled in classes and other activities in the public school

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115 STAT. 1480

to which the students transfer in the same manner as
all other children at the public school.
‘‘(2) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE; TIME
LIMIT.—
‘‘(A)
IDENTIFICATION.—Before
identifying
an
elementary school or a secondary school for school improvement under paragraphs (1) or (5)(A), for corrective action
under paragraph (7), or for restructuring under paragraph
(8), the local educational agency shall provide the school
with an opportunity to review the school-level data,
including academic assessment data, on which the proposed
identification is based.
‘‘(B) EVIDENCE.—If the principal of a school proposed
for identification under paragraph (1), (5)(A), (7), or (8)
believes, or a majority of the parents of the students
enrolled in such school believe, that the proposed identification is in error for statistical or other substantive reasons,
the principal may provide supporting evidence to the local
educational agency, which shall consider that evidence
before making a final determination.
‘‘(C) FINAL DETERMINATION.—Not later than 30 days
after a local educational agency provides the school with
the opportunity to review such school-level data, the local
educational agency shall make public a final determination
on the status of the school with respect to the identification.
‘‘(3) SCHOOL PLAN.—
‘‘(A) REVISED PLAN.—After the resolution of a review
under paragraph (2), each school identified under paragraph (1) for school improvement shall, not later than
3 months after being so identified, develop or revise a
school plan, in consultation with parents, school staff, the
local educational agency serving the school, and outside
experts, for approval by such local educational agency.
The school plan shall cover a 2-year period and—
‘‘(i) incorporate strategies based on scientifically
based research that will strengthen the core academic
subjects in the school and address the specific academic
issues that caused the school to be identified for school
improvement, and may include a strategy for the
implementation of a comprehensive school reform
model that includes each of the components described
in part F;
‘‘(ii) adopt policies and practices concerning the
school’s core academic subjects that have the greatest
likelihood of ensuring that all groups of students specified in section 1111(b)(2)(C)(v) and enrolled in the
school will meet the State’s proficient level of achievement on the State academic assessment described in
section 1111(b)(3) not later than 12 years after the
end of the 2001–2002 school year;
‘‘(iii) provide an assurance that the school will
spend not less than 10 percent of the funds made
available to the school under section 1113 for each
fiscal year that the school is in school improvement
status, for the purpose of providing to the school’s
teachers and principal high-quality professional
development that—

Deadline.
Public
information.

Deadline.

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‘‘(I) directly addresses the academic achievement problem that caused the school to be identified for school improvement;
‘‘(II) meets the requirements for professional
development activities under section 1119; and
‘‘(III) is provided in a manner that affords
increased opportunity for participating in that
professional development;
‘‘(iv) specify how the funds described in clause
(iii) will be used to remove the school from school
improvement status;
‘‘(v) establish specific annual, measurable objectives for continuous and substantial progress by each
group of students specified in section 1111(b)(2)(C)(v)
and enrolled in the school that will ensure that all
such groups of students will, in accordance with adequate yearly progress as defined in section 1111(b)(2),
meet the State’s proficient level of achievement on
the State academic assessment described in section
1111(b)(3) not later than 12 years after the end of
the 2001–2002 school year;
‘‘(vi) describe how the school will provide written
notice about the identification to parents of each student enrolled in such school, in a format and, to the
extent practicable, in a language that the parents can
understand;
‘‘(vii) specify the responsibilities of the school, the
local educational agency, and the State educational
agency serving the school under the plan, including
the technical assistance to be provided by the local
educational agency under paragraph (4) and the local
educational agency’s responsibilities under section
1120A;
‘‘(viii) include strategies to promote effective
parental involvement in the school;
‘‘(ix) incorporate, as appropriate, activities before
school, after school, during the summer, and during
any extension of the school year; and
‘‘(x) incorporate a teacher mentoring program.
‘‘(B) CONDITIONAL APPROVAL.—The local educational
agency may condition approval of a school plan under this
paragraph on—
‘‘(i) inclusion of one or more of the corrective
actions specified in paragraph (7)(C)(iv); or
‘‘(ii) feedback on the school improvement plan from
parents and community leaders.
‘‘(C) PLAN IMPLEMENTATION.—Except as provided in
subparagraph (D), a school shall implement the school plan
(including a revised plan) expeditiously, but not later than
the beginning of the next full school year following the
identification under paragraph (1).
‘‘(D) PLAN APPROVED DURING SCHOOL YEAR.—Notwithstanding subparagraph (C), if a plan is not approved prior
to the beginning of a school year, such plan shall be implemented immediately upon approval.

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Deadline.

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Establishment.

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‘‘(E) LOCAL EDUCATIONAL AGENCY APPROVAL.—The local
educational agency, within 45 days of receiving a school
plan, shall—
‘‘(i) establish a peer review process to assist with
review of the school plan; and
‘‘(ii) promptly review the school plan, work with
the school as necessary, and approve the school plan
if the plan meets the requirements of this paragraph.
‘‘(4) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—For each school identified for school
improvement under paragraph (1), the local educational
agency serving the school shall ensure the provision of
technical assistance as the school develops and implements
the school plan under paragraph (3) throughout the plan’s
duration.
‘‘(B)
SPECIFIC
ASSISTANCE.—Such
technical
assistance—
‘‘(i) shall include assistance in analyzing data from
the assessments required under section 1111(b)(3), and
other examples of student work, to identify and address
problems in instruction, and problems if any, in implementing the parental involvement requirements
described in section 1118, the professional development
requirements described in section 1119, and the
responsibilities of the school and local educational
agency under the school plan, and to identify and
address solutions to such problems;
‘‘(ii) shall include assistance in identifying and
implementing professional development, instructional
strategies, and methods of instruction that are based
on scientifically based research and that have proven
effective in addressing the specific instructional issues
that caused the school to be identified for school
improvement;
‘‘(iii) shall include assistance in analyzing and
revising the school’s budget so that the school’s
resources are more effectively allocated to the activities
most likely to increase student academic achievement
and to remove the school from school improvement
status; and
‘‘(iv) may be provided—
‘‘(I) by the local educational agency, through
mechanisms authorized under section 1117; or
‘‘(II) by the State educational agency, an
institution of higher education (that is in full
compliance with all the reporting provisions of title
II of the Higher Education Act of 1965), a private
not-for-profit organization or for-profit organization, an educational service agency, or another
entity with experience in helping schools improve
academic achievement.
‘‘(C) SCIENTIFICALLY BASED RESEARCH.—Technical
assistance provided under this section by a local educational agency or an entity approved by that agency shall
be based on scientifically based research.
‘‘(5) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS AFTER
IDENTIFICATION.—In the case of any school served under this

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part that fails to make adequate yearly progress, as set out
in the State’s plan under section 1111(b)(2), by the end of
the first full school year after identification under paragraph
(1), the local educational agency serving such school—
‘‘(A) shall continue to provide all students enrolled
in the school with the option to transfer to another public
school served by the local educational agency in accordance
with subparagraphs (E) and (F);
‘‘(B) shall make supplemental educational services
available consistent with subsection (e)(1); and
‘‘(C) shall continue to provide technical assistance.
‘‘(6) NOTICE TO PARENTS.—A local educational agency shall
promptly provide to a parent or parents (in an understandable
and uniform format and, to the extent practicable, in a language
the parents can understand) of each student enrolled in an
elementary school or a secondary school identified for school
improvement under paragraph (1), for corrective action under
paragraph (7), or for restructuring under paragraph (8)—
‘‘(A) an explanation of what the identification means,
and how the school compares in terms of academic achievement to other elementary schools or secondary schools
served by the local educational agency and the State educational agency involved;
‘‘(B) the reasons for the identification;
‘‘(C) an explanation of what the school identified for
school improvement is doing to address the problem of
low achievement;
‘‘(D) an explanation of what the local educational
agency or State educational agency is doing to help the
school address the achievement problem;
‘‘(E) an explanation of how the parents can become
involved in addressing the academic issues that caused
the school to be identified for school improvement; and
‘‘(F) an explanation of the parents’ option to transfer
their child to another public school under paragraphs (1)(E),
(5)(A), (7)(C)(i), (8)(A)(i), and subsection (c)(10)(C)(vii) (with
transportation provided by the agency when required by
paragraph (9)) or to obtain supplemental educational services for the child, in accordance with subsection (e).
‘‘(7) CORRECTIVE ACTION.—
‘‘(A) IN GENERAL.—In this subsection, the term ‘corrective action’ means action, consistent with State law, that—
‘‘(i) substantially and directly responds to—
‘‘(I) the consistent academic failure of a school
that caused the local educational agency to take
such action; and
‘‘(II) any underlying staffing, curriculum, or
other problems in the school; and
‘‘(ii) is designed to increase substantially the likelihood that each group of students described in
1111(b)(2)(C) enrolled in the school identified for corrective action will meet or exceed the State’s proficient
levels of achievement on the State academic assessments described in section 1111(b)(3).

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‘‘(B) SYSTEM.—In order to help students served under
this part meet challenging State student academic achievement standards, each local educational agency shall implement a system of corrective action in accordance with subparagraphs (C) through (E).
‘‘(C) ROLE OF LOCAL EDUCATIONAL AGENCY.—In the
case of any school served by a local educational agency
under this part that fails to make adequate yearly progress,
as defined by the State under section 1111(b)(2), by the
end of the second full school year after the identification
under paragraph (1), the local educational agency shall—
‘‘(i) continue to provide all students enrolled in
the school with the option to transfer to another public
school served by the local educational agency, in
accordance with paragraph (1)(E) and (F);
‘‘(ii) continue to provide technical assistance consistent with paragraph (4) while instituting any corrective action under clause (iv);
‘‘(iii) continue to make supplemental educational
services available, in accordance with subsection (e),
to children who remain in the school; and
‘‘(iv) identify the school for corrective action and
take at least one of the following corrective actions:
‘‘(I) Replace the school staff who are relevant
to the failure to make adequate yearly progress.
‘‘(II) Institute and fully implement a new curriculum, including providing appropriate professional development for all relevant staff, that is
based on scientifically based research and offers
substantial promise of improving educational
achievement for low-achieving students and
enabling the school to make adequate yearly
progress.
‘‘(III) Significantly decrease management
authority at the school level.
‘‘(IV) Appoint an outside expert to advise the
school on its progress toward making adequate
yearly progress, based on its school plan under
paragraph (3).
‘‘(V) Extend the school year or school day for
the school.
‘‘(VI) Restructure the internal organizational
structure of the school.
‘‘(D) DELAY.—Notwithstanding any other provision of
this paragraph, the local educational agency may delay,
for a period not to exceed 1 year, implementation of the
requirements under paragraph (5), corrective action under
this paragraph, or restructuring under paragraph (8) if
the school makes adequate yearly progress for 1 year or
if its failure to make adequate yearly progress is due to
exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in
the financial resources of the local educational agency or
school. No such period shall be taken into account in determining the number of consecutive years of failure to make
adequate yearly progress.

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‘‘(E) PUBLICATION AND DISSEMINATION.—The local educational agency shall publish and disseminate information
regarding any corrective action the local educational agency
takes under this paragraph at a school—
‘‘(i) to the public and to the parents of each student
enrolled in the school subject to corrective action;
‘‘(ii) in an understandable and uniform format and,
to the extent practicable, provided in a language that
the parents can understand; and
‘‘(iii) through such means as the Internet, the
media, and public agencies.
‘‘(8) RESTRUCTURING.—
‘‘(A) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—
If, after 1 full school year of corrective action under paragraph (7), a school subject to such corrective action continues to fail to make adequate yearly progress, then the
local educational agency shall—
‘‘(i) continue to provide all students enrolled in
the school with the option to transfer to another public
school served by the local educational agency, in
accordance with paragraph (1)(E) and (F);
‘‘(ii) continue to make supplemental educational
services available, in accordance with subsection (e),
to children who remain in the school; and
‘‘(iii) prepare a plan and make necessary arrangements to carry out subparagraph (B).
‘‘(B) ALTERNATIVE GOVERNANCE.—Not later than the
beginning of the school year following the year in which
the local educational agency implements subparagraph (A),
the local educational agency shall implement one of the
following alternative governance arrangements for the
school consistent with State law:
‘‘(i) Reopening the school as a public charter school.
‘‘(ii) Replacing all or most of the school staff (which
may include the principal) who are relevant to the
failure to make adequate yearly progress.
‘‘(iii) Entering into a contract with an entity, such
as a private management company, with a demonstrated record of effectiveness, to operate the public
school.
‘‘(iv) Turning the operation of the school over to
the State educational agency, if permitted under State
law and agreed to by the State.
‘‘(v) Any other major restructuring of the school’s
governance arrangement that makes fundamental
reforms, such as significant changes in the school’s
staffing and governance, to improve student academic
achievement in the school and that has substantial
promise of enabling the school to make adequate yearly
progress as defined in the State plan under section
1111(b)(2). In the case of a rural local educational
agency with a total of less than 600 students in average
daily attendance at the schools that are served by
the agency and all of whose schools have a School
Locale Code of 7 or 8, as determined by the Secretary,
the Secretary shall, at such agency’s request, provide

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PUBLIC LAW 107–110—JAN. 8, 2002
technical assistance to such agency for the purpose
of implementing this clause.
‘‘(C) PROMPT NOTICE.—The local educational agency
shall—
‘‘(i) provide prompt notice to teachers and parents
whenever subparagraph (A) or (B) applies; and
‘‘(ii) provide the teachers and parents with an adequate opportunity to—
‘‘(I) comment before taking any action under
those subparagraphs; and
‘‘(II) participate in developing any plan under
subparagraph (A)(iii).
‘‘(9) TRANSPORTATION.—In any case described in paragraph
(1)(E) for schools described in paragraphs (1)(A), (5), (7)(C)(i),
and (8)(A), and subsection (c)(10)(C)(vii), the local educational
agency shall provide, or shall pay for the provision of, transportation for the student to the public school the student attends.
‘‘(10) FUNDS FOR TRANSPORTATION AND SUPPLEMENTAL EDUCATIONAL SERVICES.—
‘‘(A) IN GENERAL.—Unless a lesser amount is needed
to comply with paragraph (9) and to satisfy all requests
for supplemental educational services under subsection (e),
a local educational agency shall spend an amount equal
to 20 percent of its allocation under subpart 2, from which
the agency shall spend—
‘‘(i) an amount equal to 5 percent of its allocation
under subpart 2 to provide, or pay for, transportation
under paragraph (9);
‘‘(ii) an amount equal to 5 percent of its allocation
under subpart 2 to provide supplemental educational
services under subsection (e); and
‘‘(iii) an amount equal to the remaining 10 percent
of its allocation under subpart 2 for transportation
under paragraph (9), supplemental educational services
under subsection (e), or both, as the agency determines.
‘‘(B) TOTAL AMOUNT.—The total amount described in
subparagraph (A)(ii) is the maximum amount the local
educational agency shall be required to spend under this
part on supplemental educational services described in subsection (e).
‘‘(C) INSUFFICIENT FUNDS.—If the amount of funds
described in subparagraph (A)(ii) or (iii) and available to
provide services under this subsection is insufficient to
provide supplemental educational services to each child
whose parents request the services, the local educational
agency shall give priority to providing the services to the
lowest-achieving children.
‘‘(D) PROHIBITION.—A local educational agency shall
not, as a result of the application of this paragraph, reduce
by more than 15 percent the total amount made available
under section 1113(c) to a school described in paragraph
(7)(C) or (8)(A) of subsection (b).
‘‘(11) COOPERATIVE AGREEMENT.—In any case described in
paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection
(c)(10)(C)(vii) if all public schools served by the local educational
agency to which a child may transfer are identified for school
improvement, corrective action or restructuring, the agency

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shall, to the extent practicable, establish a cooperative agreement with other local educational agencies in the area for
a transfer.
‘‘(12) DURATION.—If any school identified for school
improvement, corrective action, or restructuring makes adequate yearly progress for two consecutive school years, the
local educational agency shall no longer subject the school
to the requirements of school improvement, corrective action,
or restructuring or identify the school for school improvement
for the succeeding school year.
‘‘(13) SPECIAL RULE.—A local educational agency shall
permit a child who transferred to another school under this
subsection to remain in that school until the child has completed the highest grade in that school. The obligation of the
local educational agency to provide, or to provide for, transportation for the child ends at the end of a school year if the
local educational agency determines that the school from which
the child transferred is no longer identified for school improvement or subject to corrective action or restructuring.
‘‘(14) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—The
State educational agency shall—
‘‘(A) make technical assistance under section 1117
available to schools identified for school improvement,
corrective action, or restructuring under this subsection
consistent with section 1117(a)(2);
‘‘(B) if the State educational agency determines that
a local educational agency failed to carry out its responsibilities under this subsection, take such corrective actions
as the State educational agency determines to be appropriate and in compliance with State law;
‘‘(C) ensure that academic assessment results under
this part are provided to schools before any identification
of a school may take place under this subsection; and
‘‘(D) for local educational agencies or schools identified
for improvement under this subsection, notify the Secretary
of major factors that were brought to the attention of
the State educational agency under section 1111(b)(9) that
have significantly affected student academic achievement.
‘‘(c) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT.—
‘‘(1) IN GENERAL.—A State shall—
‘‘(A) annually review the progress of each local educational agency receiving funds under this part to determine whether schools receiving assistance under this part
are making adequate yearly progress as defined in section
1111(b)(2) toward meeting the State’s student academic
achievement standards and to determine if each local educational agency is carrying out its responsibilities under
this section and sections 1117, 1118, and 1119; and
‘‘(B) publicize and disseminate to local educational
agencies, teachers and other staff, parents, students, and
the community the results of the State review, including
statistically sound disaggregated results, as required by
section 1111(b)(2).
‘‘(2) REWARDS.—In the case of a local educational agency
that, for 2 consecutive years, has exceeded adequate yearly
progress as defined in the State plan under section 1111(b)(2),

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the State may make rewards of the kinds described under
section 1117 to the agency.
‘‘(3) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCY FOR
IMPROVEMENT.—A State shall identify for improvement any
local educational agency that, for 2 consecutive years, including
the period immediately prior to the date of enactment of the
No Child Left Behind Act of 2001, failed to make adequate
yearly progress as defined in the State’s plan under section
1111(b)(2).
‘‘(4) TARGETED ASSISTANCE SCHOOLS.—When reviewing targeted assistance schools served by a local educational agency,
a State educational agency may choose to review the progress
of only the students in such schools who are served, or are
eligible for services, under this part.
‘‘(5) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.—
‘‘(A) REVIEW.—Before identifying a local educational
agency for improvement under paragraph (3) or corrective
action under paragraph (10), a State educational agency
shall provide the local educational agency with an opportunity to review the data, including academic assessment
data, on which the proposed identification is based.
‘‘(B) EVIDENCE.—If the local educational agency
believes that the proposed identification is in error for
statistical or other substantive reasons, the agency may
provide supporting evidence to the State educational
agency, which shall consider the evidence before making
a final determination not later than 30 days after the
State educational agency provides the local educational
agency with the opportunity to review such data under
subparagraph (A).
‘‘(6) NOTIFICATION TO PARENTS.—The State educational
agency shall promptly provide to the parents (in a format
and, to the extent practicable, in a language the parents can
understand) of each student enrolled in a school served by
a local educational agency identified for improvement, the
results of the review under paragraph (1) and, if the agency
is identified for improvement, the reasons for that identification
and how parents can participate in upgrading the quality of
the local educational agency.
‘‘(7) LOCAL EDUCATIONAL AGENCY REVISIONS.—
‘‘(A) PLAN.—Each local educational agency identified
under paragraph (3) shall, not later than 3 months after
being so identified, develop or revise a local educational
agency plan, in consultation with parents, school staff,
and others. Such plan shall—
‘‘(i) incorporate scientifically based research strategies that strengthen the core academic program in
schools served by the local educational agency;
‘‘(ii) identify actions that have the greatest likelihood of improving the achievement of participating
children in meeting the State’s student academic
achievement standards;
‘‘(iii) address the professional development needs
of the instructional staff serving the agency by committing to spend not less than 10 percent of the funds
received by the local educational agency under subpart
2 for each fiscal year in which the agency is identified

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for improvement for professional development
(including funds reserved for professional development
under subsection (b)(3)(A)(iii)), but excluding funds
reserved for professional development under section
1119;
‘‘(iv) include specific measurable achievement goals
and targets for each of the groups of students identified
in the disaggregated data pursuant to section
1111(b)(2)(C)(v), consistent with adequate yearly
progress as defined under section 1111(b)(2);
‘‘(v) address the fundamental teaching and
learning needs in the schools of that agency, and the
specific academic problems of low-achieving students,
including a determination of why the local educational
agency’s prior plan failed to bring about increased student academic achievement;
‘‘(vi) incorporate, as appropriate, activities before
school, after school, during the summer, and during
an extension of the school year;
‘‘(vii) specify the responsibilities of the State educational agency and the local educational agency under
the plan, including specifying the technical assistance
to be provided by the State educational agency under
paragraph (9) and the local educational agency’s
responsibilities under section 1120A; and
‘‘(viii) include strategies to promote effective
parental involvement in the school.
‘‘(B) IMPLEMENTATION.—The local educational agency
shall implement the plan (including a revised plan) expeditiously, but not later than the beginning of the next school
year after the school year in which the agency was identified for improvement.
‘‘(9) STATE EDUCATIONAL AGENCY RESPONSIBILITY.—
‘‘(A) TECHNICAL OR OTHER ASSISTANCE.—For each local
educational agency identified under paragraph (3), the
State educational agency shall provide technical or other
assistance if requested, as authorized under section 1117,
to better enable the local educational agency to—
‘‘(i) develop and implement the local educational
agency’s plan; and
‘‘(ii) work with schools needing improvement.
‘‘(B) METHODS AND STRATEGIES.—Technical assistance
provided under this section by the State educational agency
or an entity authorized by such agency shall be supported
by effective methods and instructional strategies based on
scientifically based research. Such technical assistance
shall address problems, if any, in implementing the
parental involvement activities described in section 1118
and the professional development activities described in
section 1119.
‘‘(10) CORRECTIVE ACTION.—In order to help students served
under this part meet challenging State student academic
achievement standards, each State shall implement a system
of corrective action in accordance with the following:
‘‘(A) DEFINITION.—As used in this paragraph, the term
‘corrective action’ means action, consistent with State law,
that—

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‘‘(i) substantially and directly responds to the consistent academic failure that caused the State to take
such action and to any underlying staffing, curricular,
or other problems in the agency; and
‘‘(ii) is designed to meet the goal of having all
students served under this part achieve at the proficient and advanced student academic achievement
levels.
‘‘(B) GENERAL REQUIREMENTS.—After providing technical assistance under paragraph (9) and subject to
subparagraph (E), the State—
‘‘(i) may take corrective action at any time with
respect to a local educational agency that has been
identified under paragraph (3);
‘‘(ii) shall take corrective action with respect to
any local educational agency that fails to make adequate yearly progress, as defined by the State, by
the end of the second full school year after the identification of the agency under paragraph (3); and
‘‘(iii) shall continue to provide technical assistance
while instituting any corrective action under clause
(i) or (ii).
‘‘(C) CERTAIN CORRECTIVE ACTIONS REQUIRED.—In the
case of a local educational agency identified for corrective
action, the State educational agency shall take at least
one of the following corrective actions:
‘‘(i) Deferring programmatic funds or reducing
administrative funds.
‘‘(ii) Instituting and fully implementing a new curriculum that is based on State and local academic
content and achievement standards, including providing appropriate professional development based on
scientifically based research for all relevant staff, that
offers substantial promise of improving educational
achievement for low-achieving students.
‘‘(iii) Replacing the local educational agency personnel who are relevant to the failure to make adequate yearly progress.
‘‘(iv) Removing particular schools from the jurisdiction of the local educational agency and establishing
alternative arrangements for public governance and
supervision of such schools.
‘‘(v) Appointing, through the State educational
agency, a receiver or trustee to administer the affairs
of the local educational agency in place of the superintendent and school board.
‘‘(vi) Abolishing or restructuring the local educational agency.
‘‘(vii) Authorizing students to transfer from a
school operated by the local educational agency to a
higher-performing public school operated by another
local educational agency in accordance with subsections
(b)(1)(E) and (F), and providing to such students
transportation (or the costs of transportation) to such
schools consistent with subsection (b)(9), in conjunction
with carrying out not less than one additional action
described under this subparagraph.

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‘‘(D) HEARING.—Prior to implementing any corrective
action under this paragraph, the State educational agency
shall provide notice and a hearing to the affected local
educational agency, if State law provides for such notice
and hearing. The hearing shall take place not later than
45 days following the decision to implement corrective
action.
‘‘(E) NOTICE TO PARENTS.—The State educational
agency shall publish, and disseminate to parents and the
public, information on any corrective action the State educational agency takes under this paragraph through such
means as the Internet, the media, and public agencies.
‘‘(F) DELAY.—Notwithstanding subparagraph (B)(ii), a
State educational agency may delay, for a period not to
exceed 1 year, implementation of corrective action under
this paragraph if the local educational agency makes adequate yearly progress for 1 year or its failure to make
adequate yearly progress is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of
the local educational agency. No such period shall be taken
into account in determining the number of consecutive
years of failure to make adequate yearly progress.
‘‘(11) SPECIAL RULE.—If a local educational agency makes
adequate yearly progress for two consecutive school years beginning after the date of identification of the agency under paragraph (3), the State educational agency need no longer identify
the local educational agency for improvement or subject the
local educational agency to corrective action for the succeeding
school year.
‘‘(d) CONSTRUCTION.—Nothing in this section shall be construed
to alter or otherwise affect the rights, remedies, and procedures
afforded school or school district employees under Federal, State,
or local laws (including applicable regulations or court orders) or
under the terms of collective bargaining agreements, memoranda
of understanding, or other agreements between such employees
and their employers.
‘‘(e) SUPPLEMENTAL EDUCATIONAL SERVICES.—
‘‘(1) SUPPLEMENTAL EDUCATIONAL SERVICES.—In the case
of any school described in paragraph (5), (7), or (8) of subsection
(b), the local educational agency serving such school shall,
subject to this subsection, arrange for the provision of supplemental educational services to eligible children in the school
from a provider with a demonstrated record of effectiveness,
that is selected by the parents and approved for that purpose
by the State educational agency in accordance with reasonable
criteria, consistent with paragraph (5), that the State educational agency shall adopt.
‘‘(2) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.—Each
local educational agency subject to this subsection shall—
‘‘(A) provide, at a minimum, annual notice to parents
(in an understandable and uniform format and, to the
extent practicable, in a language the parents can understand) of—
‘‘(i) the availability of services under this subsection;

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‘‘(ii) the identity of approved providers of those
services that are within the local educational agency
or whose services are reasonably available in neighboring local educational agencies; and
‘‘(iii) a brief description of the services, qualifications, and demonstrated effectiveness of each such provider;
‘‘(B) if requested, assist parents in choosing a provider
from the list of approved providers maintained by the State;
‘‘(C) apply fair and equitable procedures for serving
students if the number of spaces at approved providers
is not sufficient to serve all students; and
‘‘(D) not disclose to the public the identity of any student who is eligible for, or receiving, supplemental educational services under this subsection without the written
permission of the parents of the student.
‘‘(3) AGREEMENT.—In the case of the selection of an
approved provider by a parent, the local educational agency
shall enter into an agreement with such provider. Such agreement shall—
‘‘(A) require the local educational agency to develop,
in consultation with parents (and the provider chosen by
the parents), a statement of specific achievement goals
for the student, how the student’s progress will be measured, and a timetable for improving achievement that,
in the case of a student with disabilities, is consistent
with the student’s individualized education program under
section 614(d) of the Individuals with Disabilities Education
Act;
‘‘(B) describe how the student’s parents and the student’s teacher or teachers will be regularly informed of
the student’s progress;
‘‘(C) provide for the termination of such agreement
if the provider is unable to meet such goals and timetables;
‘‘(D) contain provisions with respect to the making
of payments to the provider by the local educational agency;
and
‘‘(E) prohibit the provider from disclosing to the public
the identity of any student eligible for, or receiving, supplemental educational services under this subsection without
the written permission of the parents of such student.
‘‘(4) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—A
State educational agency shall—
‘‘(A) in consultation with local educational agencies,
parents, teachers, and other interested members of the
public, promote maximum participation by providers to
ensure, to the extent practicable, that parents have as
many choices as possible;
‘‘(B) develop and apply objective criteria, consistent
with paragraph (5), to potential providers that are based
on a demonstrated record of effectiveness in increasing
the academic proficiency of students in subjects relevant
to meeting the State academic content and student achievement standards adopted under section 1111(b)(1);
‘‘(C) maintain an updated list of approved providers
across the State, by school district, from which parents
may select;

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‘‘(D) develop, implement, and publicly report on standards and techniques for monitoring the quality and
effectiveness of the services offered by approved providers
under this subsection, and for withdrawing approval from
providers that fail, for 2 consecutive years, to contribute
to increasing the academic proficiency of students served
under this subsection as described in subparagraph (B);
and
‘‘(E) provide annual notice to potential providers of
supplemental educational services of the opportunity to
provide services under this subsection and of the applicable
procedures for obtaining approval from the State educational agency to be an approved provider of those services.
‘‘(5) CRITERIA FOR PROVIDERS.—In order for a provider to
be included on the State list under paragraph (4)(C), a provider
shall agree to carry out the following:
‘‘(A) Provide parents of children receiving supplemental
educational services under this subsection and the appropriate local educational agency with information on the
progress of the children in increasing achievement, in a
format and, to the extent practicable, a language that
such parents can understand.
‘‘(B) Ensure that instruction provided and content used
by the provider are consistent with the instruction provided
and content used by the local educational agency and State,
and are aligned with State student academic achievement
standards.
‘‘(C) Meet all applicable Federal, State, and local
health, safety, and civil rights laws.
‘‘(D) Ensure that all instruction and content under
this subsection are secular, neutral, and nonideological.
‘‘(6) AMOUNTS FOR SUPPLEMENTAL EDUCATIONAL SERVICES.—The amount that a local educational agency shall make
available for supplemental educational services for each child
receiving those services under this subsection shall be the lesser
of—
‘‘(A) the amount of the agency’s allocation under subpart 2, divided by the number of children from families
below the poverty level counted under section 1124(c)(1)(A);
or
‘‘(B) the actual costs of the supplemental educational
services received by the child.
‘‘(7) FUNDS PROVIDED BY STATE EDUCATIONAL AGENCY.—
Each State educational agency may use funds that the agency
reserves under this part, and part A of title V, to assist local
educational agencies that do not have sufficient funds to provide
services under this subsection for all eligible students
requesting such services.
‘‘(8) DURATION.—The local educational agency shall continue to provide supplemental educational services to a child
receiving such services under this subsection until the end
of the school year in which such services were first received.
‘‘(9) PROHIBITION.—Nothing contained in this subsection
shall permit the making of any payment for religious worship
or instruction.
‘‘(10) WAIVER.—

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‘‘(A) REQUIREMENT.—At the request of a local educational agency, a State educational agency may waive,
in whole or in part, the requirement of this subsection
to provide supplemental educational services if the State
educational agency determines that—
‘‘(i) none of the providers of those services on the
list approved by the State educational agency under
paragraph (4)(C) makes those services available in the
area served by the local educational agency or within
a reasonable distance of that area; and
‘‘(ii) the local educational agency provides evidence
that it is not able to provide those services.
‘‘(B) NOTIFICATION.—The State educational agency
shall notify the local educational agency, within 30 days
of receiving the local educational agency’s request for a
waiver under subparagraph (A), whether the request is
approved or disapproved and, if disapproved, the reasons
for the disapproval, in writing.
‘‘(11) SPECIAL RULE.—If State law prohibits a State educational agency from carrying out one or more of its responsibilities under paragraph (4) with respect to those who provide,
or seek approval to provide, supplemental educational services,
each local educational agency in the State shall carry out
those responsibilities with respect to its students who are
eligible for those services.
‘‘(12) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘eligible child’ means a child from a
low-income family, as determined by the local educational
agency for purposes of allocating funds to schools under
section 1113(c)(1);
‘‘(B) the term ‘provider’ means a non-profit entity, a
for-profit entity, or a local educational agency that—
‘‘(i) has a demonstrated record of effectiveness in
increasing student academic achievement;
‘‘(ii) is capable of providing supplemental educational services that are consistent with the instructional program of the local educational agency and
the academic standards described under section 1111;
and
‘‘(iii) is financially sound; and
‘‘(C) the term ‘supplemental educational services’
means tutoring and other supplemental academic enrichment services that are—
‘‘(i) in addition to instruction provided during the
school day; and
‘‘(ii) are of high quality, research-based, and
specifically designed to increase the academic achievement of eligible children on the academic assessments
required under section 1111 and attain proficiency in
meeting the State’s academic achievement standards.
‘‘(f) SCHOOLS AND LEAS PREVIOUSLY IDENTIFIED FOR IMPROVEMENT OR CORRECTIVE ACTION.—
‘‘(1) SCHOOLS.—
‘‘(A) SCHOOL IMPROVEMENT.—
‘‘(i) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS
BEFORE DATE OF ENACTMENT.—Any school that was
in the first year of school improvement status under

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this section on the day preceding the date of enactment
of the No Child Left Behind Act of 2001 (as this section
was in effect on such day) shall be treated by the
local educational agency as a school that is in the
first year of school improvement status under paragraph (1).
‘‘(ii) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS FOR
2 OR MORE YEARS BEFORE DATE OF ENACTMENT.—Any
school that was in school improvement status under
this section for two or more consecutive school years
preceding the date of enactment of the No Child Left
Behind Act of 2001 (as this section was in effect on
such day) shall be treated by the local educational
agency as a school described in subsection (b)(5).
‘‘(B) CORRECTIVE ACTION.—Any school that was in
corrective action status under this section on the day preceding the date of enactment of the No Child Left Behind
Act of 2001 (as this section was in effect on such day)
shall be treated by the local educational agency as a school
described in paragraph (7).
‘‘(2) LEAS.—
‘‘(A) LEA IMPROVEMENT.—A State shall identify for
improvement under subsection (c)(3) any local educational
agency that was in improvement status under this section
as this section was in effect on the day preceding the
date of enactment of the No Child Left Behind Act of
2001.
‘‘(B) CORRECTIVE ACTION.—A State shall identify for
corrective action under subsection (c)(10) any local educational agency that was in corrective action status under
this section as this section was in effect on the day preceding the date of enactment of the No Child Left Behind
Act of 2001.
‘‘(C) SPECIAL RULE.—For the schools and other local
educational agencies described under paragraphs (1) and
(2), as required, the State shall ensure that public school
choice in accordance with subparagraphs (b)(1)(E) and (F)
and supplemental education services in accordance with
subsection (e) are provided not later than the first day
of the 2002–2003 school year.
‘‘(D) TRANSITION.—With respect to a determination
that a local educational agency has for 2 consecutive years
failed to make adequate yearly progress as defined in the
State plan under section 1111(b)(2), such determination
shall include in such 2-year period any continuous period
of time immediately preceding the date of enactment of
the No Child Left Behind Act of 2001 during which the
agency has failed to make such progress.
‘‘(g) SCHOOLS FUNDED BY THE BUREAU OF INDIAN AFFAIRS.—
‘‘(1) ADEQUATE YEARLY PROGRESS FOR BUREAU FUNDED
SCHOOLS.—
‘‘(A) DEVELOPMENT OF DEFINITION.—
‘‘(i) DEFINITION.—The Secretary of the Interior, in
consultation with the Secretary if the Secretary of
Interior requests the consultation, using the process
set out in section 1138(b) of the Education Amendments of 1978, shall define adequate yearly progress,

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consistent with section 1111(b), for the schools funded
by the Bureau of Indian Affairs on a regional or tribal
basis, as appropriate, taking into account the unique
circumstances and needs of such schools and the students served by such schools.
‘‘(ii) USE OF DEFINITION.—The Secretary of the
Interior, consistent with clause (i), may use the definition of adequate yearly progress that the State in
which the school that is funded by the Bureau is
located uses consistent with section 1111(b), or in the
case of schools that are located in more than one State,
the Secretary of the Interior may use whichever State
definition of adequate yearly progress that best meets
the unique circumstances and needs of such school
or schools and the students the schools serve.
‘‘(B) WAIVER.—The tribal governing body or school
board of a school funded by the Bureau of Indian Affairs
may waive, in part or in whole, the definition of adequate
yearly progress established pursuant to paragraph (A)
where such definition is determined by such body or school
board to be inappropriate. If such definition is waived,
the tribal governing body or school board shall, within
60 days thereafter, submit to the Secretary of Interior
a proposal for an alternative definition of adequate yearly
progress, consistent with section 1111(b), that takes into
account the unique circumstances and needs of such school
or schools and the students served. The Secretary of the
Interior, in consultation with the Secretary if the Secretary
of Interior requests the consultation, shall approve such
alternative definition unless the Secretary determines that
the definition does not meet the requirements of section
1111(b), taking into account the unique circumstances and
needs of such school or schools and the students served.
‘‘(C) TECHNICAL ASSISTANCE.—The Secretary of Interior
shall, in consultation with the Secretary if the Secretary
of Interior requests the consultation, either directly or
through a contract, provide technical assistance, upon
request, to a tribal governing body or school board of a
school funded by the Bureau of Indian Affairs that seeks
to develop an alternative definition of adequate yearly
progress.
‘‘(2) ACCOUNTABILITY FOR BIA SCHOOLS.—For the purposes
of this section, schools funded by the Bureau of Indian Affairs
shall be considered schools subject to subsection (b), as specifically provided for in this subsection, except that such schools
shall not be subject to subsection (c), or the requirements
to provide public school choice and supplemental educational
services under subsections (b) and (e).
‘‘(3) SCHOOL IMPROVEMENT FOR BUREAU SCHOOLS.—
‘‘(A) CONTRACT AND GRANT SCHOOLS.—For a school
funded by the Bureau of Indian Affairs which is operated
under a contract issued by the Secretary of the Interior
pursuant to the Indian Self-Determination Act (25 U.S.C.
450 et seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally Controlled Schools
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of such school shall be responsible for meeting the requirements of subsection (b) relating to development and
implementation of any school improvement plan as
described in subsections (b)(1) through (b)(3), and subsection (b)(5), other than subsection (b)(1)(E). The Bureau
of Indian Affairs shall be responsible for meeting the
requirements of subsection (b)(4) relating to technical
assistance.
‘‘(B) BUREAU OPERATED SCHOOLS.—For schools operated
by the Bureau of Indian Affairs, the Bureau shall be
responsible for meeting the requirements of subsection (b)
relating to development and implementation of any school
improvement plan as described in subsections (b)(1)
through (b)(5), other than subsection (b)(1)(E).
‘‘(4) CORRECTIVE ACTION AND RESTRUCTURING FOR BUREAUFUNDED SCHOOLS.—
‘‘(A) CONTRACT AND GRANT SCHOOLS.—For a school
funded by the Bureau of Indian Affairs which is operated
under a contract issued by the Secretary of the Interior
pursuant to the Indian Self-Determination Act (25 U.S.C.
450 et seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), the school board
of such school shall be responsible for meeting the requirements of subsection (b) relating to corrective action and
restructuring as described in subsection (b)(7) and (b)(8).
Any action taken by such school board under subsection
(b)(7) or (b)(8) shall take into account the unique circumstances and structure of the Bureau of Indian Affairsfunded school system and the laws governing that system.
‘‘(B) BUREAU OPERATED SCHOOLS.—For schools operated
by the Bureau of Indian Affairs, the Bureau shall be
responsible for meeting the requirements of subsection (b)
relating to corrective action and restructuring as described
in subsection (b)(7) and (b)(8). Any action taken by the
Bureau under subsection (b)(7) or (b)(8) shall take into
account the unique circumstances and structure of the
Bureau of Indian Affairs-funded school system and the
laws governing that system.
‘‘(5) ANNUAL REPORT.—On an annual basis, the Secretary
of the Interior shall report to the Secretary of Education and
to the appropriate committees of Congress regarding any
schools funded by the Bureau of Indian Affairs which have
been identified for school improvement. Such report shall
include—
‘‘(A) the identity of each school;
‘‘(B) a statement from each affected school board
regarding the factors that lead to such identification; and
‘‘(C) an analysis by the Secretary of the Interior, in
consultation with the Secretary if the Secretary of Interior
requests the consultation, as to whether sufficient resources
were available to enable such school to achieve adequate
yearly progress.
‘‘(h) OTHER AGENCIES.—After receiving the notice described
in subsection (b)(14)(D), the Secretary may notify, to the extent

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feasible and necessary as determined by the Secretary, other relevant Federal agencies regarding the major factors that were determined by the State educational agency to have significantly affected
student academic achievement.
20 USC 6317.

‘‘SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

‘‘(a) SYSTEM FOR SUPPORT.—
‘‘(1) IN GENERAL.—Each State shall establish a statewide
system of intensive and sustained support and improvement
for local educational agencies and schools receiving funds under
this part, in order to increase the opportunity for all students
served by those agencies and schools to meet the State’s academic content standards and student academic achievement
standards.
‘‘(2) PRIORITIES.—In carrying out this subsection, a State
shall—
‘‘(A) first, provide support and assistance to local educational agencies with schools subject to corrective action
under section 1116 and assist those schools, in accordance
with section 1116(b)(11), for which a local educational
agency has failed to carry out its responsibilities under
paragraphs (7) and (8) of section 1116(b);
‘‘(B) second, provide support and assistance to other
local educational agencies with schools identified as in
need of improvement under section 1116(b); and
‘‘(C) third, provide support and assistance to other
local educational agencies and schools participating under
this part that need that support and assistance in order
to achieve the purpose of this part.
‘‘(3) REGIONAL CENTERS.—Such a statewide system shall,
to the extent practicable, work with and receive support and
assistance from the comprehensive regional technical assistance
centers and the regional educational laboratories under section
941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994, or other providers of technical assistance.
‘‘(4) STATEWIDE SYSTEM.—
‘‘(A) In order to achieve the purpose described in paragraph (1), the statewide system shall include, at a minimum, the following approaches:
‘‘(i) Establishing school support teams in accordance with subparagraph (C) for assignment to, and
working in, schools in the State that are described
in paragraph (2).
‘‘(ii) Providing such support as the State educational agency determines necessary and available
in order to ensure the effectiveness of such teams.
‘‘(iii) Designating and using distinguished teachers
and principals who are chosen from schools served
under this part that have been especially successful
in improving academic achievement.
‘‘(iv) Devising additional approaches to providing
the assistance described in paragraph (1), such as providing assistance through institutions of higher education and educational service agencies or other local
consortia, and private providers of scientifically based
technical assistance.

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‘‘(B) PRIORITY.—The State educational agency shall
give priority to the approach described in clause (i) of
subparagraph (A).
‘‘(5) SCHOOL SUPPORT TEAMS.—
‘‘(A) COMPOSITION.—Each school support team established under this section shall be composed of persons
knowledgeable about scientifically based research and practice on teaching and learning and about successful
schoolwide projects, school reform, and improving educational
opportunities
for
low-achieving
students,
including—
‘‘(i) highly qualified or distinguished teachers and
principals;
‘‘(ii) pupil services personnel;
‘‘(iii) parents;
‘‘(iv) representatives of institutions of higher education;
‘‘(v) representatives of regional educational laboratories or comprehensive regional technical assistance
centers;
‘‘(vi) representatives of outside consultant groups;
or
‘‘(vii) other individuals as the State educational
agency, in consultation with the local educational
agency, may determine appropriate.
‘‘(B) FUNCTIONS.—Each school support team assigned
to a school under this section shall—
‘‘(i) review and analyze all facets of the school’s
operation, including the design and operation of the
instructional program, and assist the school in developing recommendations for improving student performance in that school;
‘‘(ii) collaborate with parents and school staff and
the local educational agency serving the school in the
design, implementation, and monitoring of a plan that,
if fully implemented, can reasonably be expected to
improve student performance and help the school meet
its goals for improvement, including adequate yearly
progress under section 1111(b)(2)(B);
‘‘(iii) evaluate, at least semiannually, the effectiveness of school personnel assigned to the school,
including identifying outstanding teachers and principals, and make findings and recommendations to the
school, the local educational agency, and, where appropriate, the State educational agency; and
‘‘(iv) make additional recommendations as the
school implements the plan described in clause (ii)
to the local educational agency and the State educational agency concerning additional assistance that
is needed by the school or the school support team.
‘‘(C) CONTINUATION OF ASSISTANCE.—After one school
year, from the beginning of the activities, such school support team, in consultation with the local educational
agency, may recommend that the school support team continue to provide assistance to the school, or that the local
educational agency or the State educational agency, as

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appropriate, take alternative actions with regard to the
school.
‘‘(b) STATE RECOGNITION.—
‘‘(1) ACADEMIC ACHIEVEMENT AWARDS PROGRAM.—
‘‘(A) IN GENERAL.—Each State receiving a grant under
this part—
‘‘(i) shall establish a program for making academic
achievement awards to recognize schools that meet
the criteria described in subparagraph (B); and
‘‘(ii) as appropriate and as funds are available
under subsection (c)(2)(A), may financially reward
schools served under this part that meet the criteria
described in clause (ii).
‘‘(B) CRITERIA.—The criteria referred to in subparagraph (A) are that a school—
‘‘(i) significantly closed the achievement gap
between the groups of students described in section
1111(b)(2); or
‘‘(ii) exceeded their adequate yearly progress, consistent with section 1111(b)(2), for 2 or more consecutive years.
‘‘(2) DISTINGUISHED SCHOOLS.—Of those schools meeting
the criteria described in paragraph (2), each State shall designate as distinguished schools those schools that have made
the greatest gains in closing the achievement gap as described
in subparagraph (B)(i) or exceeding adequate yearly progress
as described in subparagraph (B)(ii). Such distinguished schools
may serve as models for and provide support to other schools,
especially schools identified for improvement under section
1116, to assist such schools in meeting the State’s academic
content standards and student academic achievement standards.
‘‘(3) AWARDS TO TEACHERS.—A State program under paragraph (1) may also recognize and provide financial awards
to teachers teaching in a school described in such paragraph
that consistently makes significant gains in academic achievement in the areas in which the teacher provides instruction,
or to teachers or principals designated as distinguished under
subsection (a)(4)(A)(iii).
‘‘(c) FUNDING.—
‘‘(1) IN GENERAL.—Each State—
‘‘(A) shall use funds reserved under section 1003(a)
and may use funds made available under section 1003(g)
for the approaches described under subsection (a)(4)(A);
and
‘‘(B) shall use State administrative funds authorized
under section 1004(a) to establish the statewide system
of support described under subsection (a).
‘‘(2) RESERVATIONS OF FUNDS BY STATE.—
‘‘(A) AWARDS PROGRAM.—For the purpose of carrying
out subsection (b)(1), each State receiving a grant under
this part may reserve, from the amount (if any) by which
the funds received by the State under subpart 2 for a
fiscal year exceed the amount received by the State under
that subpart for the preceding fiscal year, not more than
5 percent of such excess amount.

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‘‘(B) TEACHER AWARDS.—For the purpose of carrying
out subsection (b)(3), a State educational agency may
reserve such funds as necessary from funds made available
under section 2113.
‘‘(3) USE WITHIN 3 YEARS.—Notwithstanding any other
provision of law, the amount reserved under subparagraph
(A) by a State for each fiscal year shall remain available to
the State until expended for a period not exceeding 3 years
receipt of funds.
‘‘(4) SPECIAL ALLOCATION RULE FOR SCHOOLS IN HIGH-POVERTY AREAS.—
‘‘(A) IN GENERAL.—Each State shall distribute not less
than 75 percent of any amount reserved under paragraph
(2)(A) for each fiscal year to schools described in subparagraph (B), or to teachers in those schools consistent with
subsection (b)(3).
‘‘(B) SCHOOL DESCRIBED.—A school described in
subparagraph (A) is a school whose student population
is in the highest quartile of schools statewide in terms
of the percentage of children from low income families.
‘‘SEC. 1118. PARENTAL INVOLVEMENT.

20 USC 6318.

‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.—
‘‘(1) IN GENERAL.—A local educational agency may receive
funds under this part only if such agency implements programs,
activities, and procedures for the involvement of parents in
programs assisted under this part consistent with this section.
Such programs, activities, and procedures shall be planned
and implemented with meaningful consultation with parents
of participating children.
‘‘(2) WRITTEN POLICY.—Each local educational agency that
receives funds under this part shall develop jointly with, agree
on with, and distribute to, parents of participating children
a written parent involvement policy. The policy shall be incorporated into the local educational agency’s plan developed under
section 1112, establish the agency’s expectations for parent
involvement, and describe how the agency will—
‘‘(A) involve parents in the joint development of the
plan under section 1112, and the process of school review
and improvement under section 1116;
‘‘(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement
activities to improve student academic achievement and
school performance;
‘‘(C) build the schools’ and parents’ capacity for strong
parental involvement as described in subsection (e);
‘‘(D) coordinate and integrate parental involvement
strategies under this part with parental involvement strategies under other programs, such as the Head Start program, Reading First program, Early Reading First program, Even Start program, Parents as Teachers program,
and Home Instruction Program for Preschool Youngsters,
and State-run preschool programs;
‘‘(E) conduct, with the involvement of parents, an
annual evaluation of the content and effectiveness of the
parental involvement policy in improving the academic

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quality of the schools served under this part, including
identifying barriers to greater participation by parents in
activities authorized by this section (with particular attention to parents who are economically disadvantaged, are
disabled, have limited English proficiency, have limited
literacy, or are of any racial or ethnic minority background),
and use the findings of such evaluation to design strategies
for more effective parental involvement, and to revise, if
necessary, the parental involvement policies described in
this section; and
‘‘(F) involve parents in the activities of the schools
served under this part.
‘‘(3) RESERVATION.—
‘‘(A) IN GENERAL.—Each local educational agency shall
reserve not less than 1 percent of such agency’s allocation
under subpart 2 of this part to carry out this section,
including promoting family literacy and parenting skills,
except that this paragraph shall not apply if 1 percent
of such agency’s allocation under subpart 2 of this part
for the fiscal year for which the determination is made
is $5,000 or less.
‘‘(B) PARENTAL INPUT.—Parents of children receiving
services under this part shall be involved in the decisions
regarding how funds reserved under subparagraph (A) are
allotted for parental involvement activities.
‘‘(C) DISTRIBUTION OF FUNDS.—Not less than 95 percent
of the funds reserved under subparagraph (A) shall be
distributed to schools served under this part.
‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.—
‘‘(1) IN GENERAL.—Each school served under this part shall
jointly develop with, and distribute to, parents of participating
children a written parental involvement policy, agreed on by
such parents, that shall describe the means for carrying out
the requirements of subsections (c) through (f). Parents shall
be notified of the policy in an understandable and uniform
format and, to the extent practicable, provided in a language
the parents can understand. Such policy shall be made available
to the local community and updated periodically to meet the
changing needs of parents and the school.
‘‘(2) SPECIAL RULE.—If the school has a parental involvement policy that applies to all parents, such school may amend
that policy, if necessary, to meet the requirements of this subsection.
‘‘(3) AMENDMENT.—If the local educational agency involved
has a school district-level parental involvement policy that
applies to all parents, such agency may amend that policy,
if necessary, to meet the requirements of this subsection.
‘‘(4) PARENTAL COMMENTS.—If the plan under section 1112
is not satisfactory to the parents of participating children,
the local educational agency shall submit any parent comments
with such plan when such local educational agency submits
the plan to the State.
‘‘(c) POLICY INVOLVEMENT.—Each school served under this part
shall—
‘‘(1) convene an annual meeting, at a convenient time,
to which all parents of participating children shall be invited
and encouraged to attend, to inform parents of their school’s

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participation under this part and to explain the requirements
of this part, and the right of the parents to be involved;
‘‘(2) offer a flexible number of meetings, such as meetings
in the morning or evening, and may provide, with funds provided under this part, transportation, child care, or home visits,
as such services relate to parental involvement;
‘‘(3) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs
under this part, including the planning, review, and improvement of the school parental involvement policy and the joint
development of the schoolwide program plan under section
1114(b)(2), except that if a school has in place a process for
involving parents in the joint planning and design of the school’s
programs, the school may use that process, if such process
includes an adequate representation of parents of participating
children;
‘‘(4) provide parents of participating children—
‘‘(A) timely information about programs under this
part;
‘‘(B) a description and explanation of the curriculum
in use at the school, the forms of academic assessment
used to measure student progress, and the proficiency
levels students are expected to meet; and
‘‘(C) if requested by parents, opportunities for regular
meetings to formulate suggestions and to participate, as
appropriate, in decisions relating to the education of their
children, and respond to any such suggestions as soon
as practicably possible; and
‘‘(5) if the schoolwide program plan under section 1114(b)(2)
is not satisfactory to the parents of participating children,
submit any parent comments on the plan when the school
makes the plan available to the local educational agency.
‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT ACADEMIC
ACHIEVEMENT.—As a component of the school-level parental involvement policy developed under subsection (b), each school served
under this part shall jointly develop with parents for all children
served under this part a school-parent compact that outlines how
parents, the entire school staff, and students will share the responsibility for improved student academic achievement and the means
by which the school and parents will build and develop a partnership to help children achieve the State’s high standards. Such
compact shall—
‘‘(1) describe the school’s responsibility to provide highquality curriculum and instruction in a supportive and effective
learning environment that enables the children served under
this part to meet the State’s student academic achievement
standards, and the ways in which each parent will be responsible for supporting their children’s learning, such as monitoring
attendance, homework completion, and television watching; volunteering in their child’s classroom; and participating, as appropriate, in decisions relating to the education of their children
and positive use of extracurricular time; and
‘‘(2) address the importance of communication between
teachers and parents on an ongoing basis through, at a
minimum—

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‘‘(A) parent-teacher conferences in elementary schools,
at least annually, during which the compact shall be discussed as the compact relates to the individual child’s
achievement;
‘‘(B) frequent reports to parents on their children’s
progress; and
‘‘(C) reasonable access to staff, opportunities to volunteer and participate in their child’s class, and observation
of classroom activities.
‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To ensure effective
involvement of parents and to support a partnership among the
school involved, parents, and the community to improve student
academic achievement, each school and local educational agency
assisted under this part—
‘‘(1) shall provide assistance to parents of children served
by the school or local educational agency, as appropriate, in
understanding such topics as the State’s academic content
standards and State student academic achievement standards,
State and local academic assessments, the requirements of
this part, and how to monitor a child’s progress and work
with educators to improve the achievement of their children;
‘‘(2) shall provide materials and training to help parents
to work with their children to improve their children’s achievement, such as literacy training and using technology, as appropriate, to foster parental involvement;
‘‘(3) shall educate teachers, pupil services personnel, principals, and other staff, with the assistance of parents, in the
value and utility of contributions of parents, and in how to
reach out to, communicate with, and work with parents as
equal partners, implement and coordinate parent programs,
and build ties between parents and the school;
‘‘(4) shall, to the extent feasible and appropriate, coordinate
and integrate parent involvement programs and activities with
Head Start, Reading First, Early Reading First, Even Start,
the Home Instruction Programs for Preschool Youngsters, the
Parents as Teachers Program, and public preschool and other
programs, and conduct other activities, such as parent resource
centers, that encourage and support parents in more fully
participating in the education of their children;
‘‘(5) shall ensure that information related to school and
parent programs, meetings, and other activities is sent to the
parents of participating children in a format and, to the extent
practicable, in a language the parents can understand;
‘‘(6) may involve parents in the development of training
for teachers, principals, and other educators to improve the
effectiveness of such training;
‘‘(7) may provide necessary literacy training from funds
received under this part if the local educational agency has
exhausted all other reasonably available sources of funding
for such training;
‘‘(8) may pay reasonable and necessary expenses associated
with local parental involvement activities, including transportation and child care costs, to enable parents to participate
in school-related meetings and training sessions;
‘‘(9) may train parents to enhance the involvement of other
parents;

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‘‘(10) may arrange school meetings at a variety of times,
or conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school,
in order to maximize parental involvement and participation;
‘‘(11) may adopt and implement model approaches to
improving parental involvement;
‘‘(12) may establish a districtwide parent advisory council
to provide advice on all matters related to parental involvement
in programs supported under this section;
‘‘(13) may develop appropriate roles for community-based
organizations and businesses in parent involvement activities;
and
‘‘(14) shall provide such other reasonable support for
parental involvement activities under this section as parents
may request.
‘‘(f) ACCESSIBILITY.—In carrying out the parental involvement
requirements of this part, local educational agencies and schools,
to the extent practicable, shall provide full opportunities for the
participation of parents with limited English proficiency, parents
with disabilities, and parents of migratory children, including providing information and school reports required under section 1111
in a format and, to the extent practicable, in a language such
parents understand.
‘‘(g) INFORMATION FROM PARENTAL INFORMATION AND RESOURCE
CENTERS.—In a State where a parental information and resource
center is established to provide training, information, and support
to parents and individuals who work with local parents, local educational agencies, and schools receiving assistance under this part,
each local educational agency or school that receives assistance
under this part and is located in the State shall assist parents
and parental organizations by informing such parents and organizations of the existence and purpose of such centers.
‘‘(h) REVIEW.—The State educational agency shall review the
local educational agency’s parental involvement policies and practices to determine if the policies and practices meet the requirements of this section.
‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

‘‘(a) TEACHER QUALIFICATIONS AND MEASURABLE OBJECTIVES.—
‘‘(1) IN GENERAL.—Beginning with the first day of the first
school year after the date of enactment of the No Child Left
Behind Act of 2001, each local educational agency receiving
assistance under this part shall ensure that all teachers hired
after such day and teaching in a program supported with
funds under this part are highly qualified.
‘‘(2) STATE PLAN.—As part of the plan described in section
1111, each State educational agency receiving assistance under
this part shall develop a plan to ensure that all teachers
teaching in core academic subjects within the State are highly
qualified not later than the end of the 2005–2006 school year.
Such plan shall establish annual measurable objectives for
each local educational agency and school that, at a minimum—
‘‘(A) shall include an annual increase in the percentage
of highly qualified teachers at each local educational agency
and school, to ensure that all teachers teaching in core

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academic subjects in each public elementary school and
secondary school are highly qualified not later than the
end of the 2005–2006 school year;
‘‘(B) shall include an annual increase in the percentage
of teachers who are receiving high-quality professional
development to enable such teachers to become highly
qualified and successful classroom teachers; and
‘‘(C) may include such other measures as the State
educational agency determines to be appropriate to increase
teacher qualifications.
‘‘(3) LOCAL PLAN.—As part of the plan described in section
1112, each local educational agency receiving assistance under
this part shall develop a plan to ensure that all teachers
teaching within the school district served by the local educational agency are highly qualified not later than the end
of the 2005–2006 school year.
‘‘(b) REPORTS.—
‘‘(1) ANNUAL STATE AND LOCAL REPORTS.—
‘‘(A) LOCAL REPORTS.—Each State educational agency
described in subsection (a)(2) shall require each local educational agency receiving funds under this part to publicly
report, each year, beginning with the 2002–2003 school
year, the annual progress of the local educational agency
as a whole and of each of the schools served by the agency,
in meeting the measurable objectives described in subsection (a)(2).
‘‘(B) STATE REPORTS.—Each State educational agency
receiving assistance under this part shall prepare and
submit each year, beginning with the 2002–2003 school
year, a report to the Secretary, describing the State educational agency’s progress in meeting the measurable objectives described in subsection (a)(2).
‘‘(C) INFORMATION FROM OTHER REPORTS.—A State educational agency or local educational agency may submit
information from the reports described in section 1111(h)
for the purposes of this subsection, if such report is modified, as may be necessary, to contain the information
required by this subsection, and may submit such information as a part of the reports required under section 1111(h).
‘‘(2) ANNUAL REPORTS BY THE SECRETARY.—Each year,
beginning with the 2002–2003 school year, the Secretary shall
publicly report the annual progress of State educational agencies, local educational agencies, and schools, in meeting the
measurable objectives described in subsection (a)(2).
‘‘(c) NEW PARAPROFESSIONALS.—
‘‘(1) IN GENERAL.—Each local educational agency receiving
assistance under this part shall ensure that all paraprofessionals hired after the date of enactment of the No Child
Left Behind Act of 2001 and working in a program supported
with funds under this part shall have—
‘‘(A) completed at least 2 years of study at an institution of higher education;
‘‘(B) obtained an associate’s (or higher) degree; or
‘‘(C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic
assessment—

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‘‘(i) knowledge of, and the ability to assist in
instructing, reading, writing, and mathematics; or
‘‘(ii) knowledge of, and the ability to assist in
instructing, reading readiness, writing readiness, and
mathematics readiness, as appropriate.
‘‘(2) CLARIFICATION.—The receipt of a secondary school
diploma (or its recognized equivalent) shall be necessary but
not sufficient to satisfy the requirements of paragraph (1)(C).
‘‘(d) EXISTING PARAPROFESSIONALS.—Each local educational
agency receiving assistance under this part shall ensure that all
paraprofessionals hired before the date of enactment of the No
Child Left Behind Act of 2001, and working in a program supported
with funds under this part shall, not later than 4 years after
the date of enactment satisfy the requirements of subsection (c).
‘‘(e) EXCEPTIONS FOR TRANSLATION AND PARENTAL INVOLVEMENT ACTIVITIES.—Subsections (c) and (d) shall not apply to a
paraprofessional—
‘‘(1) who is proficient in English and a language other
than English and who provides services primarily to enhance
the participation of children in programs under this part by
acting as a translator; or
‘‘(2) whose duties consist solely of conducting parental
involvement activities consistent with section 1118.
‘‘(f) GENERAL REQUIREMENT FOR ALL PARAPROFESSIONALS.—
Each local educational agency receiving assistance under this part
shall ensure that all paraprofessionals working in a program supported with funds under this part, regardless of the paraprofessionals’ hiring date, have earned a secondary school diploma or
its recognized equivalent.
‘‘(g) DUTIES OF PARAPROFESSIONALS.—
‘‘(1) IN GENERAL.—Each local educational agency receiving
assistance under this part shall ensure that a paraprofessional
working in a program supported with funds under this part
is not assigned a duty inconsistent with this subsection.
‘‘(2) RESPONSIBILITIES PARAPROFESSIONALS MAY BE
ASSIGNED.—A paraprofessional described in paragraph (1) may
be assigned—
‘‘(A) to provide one-on-one tutoring for eligible students,
if the tutoring is scheduled at a time when a student
would not otherwise receive instruction from a teacher;
‘‘(B) to assist with classroom management, such as
organizing instructional and other materials;
‘‘(C) to provide assistance in a computer laboratory;
‘‘(D) to conduct parental involvement activities;
‘‘(E) to provide support in a library or media center;
‘‘(F) to act as a translator; or
‘‘(G) to provide instructional services to students in
accordance with paragraph (3).
‘‘(3)
ADDITIONAL
LIMITATIONS.—A
paraprofessional
described in paragraph (1)—
‘‘(A) may not provide any instructional service to a
student unless the paraprofessional is working under the
direct supervision of a teacher consistent with section 1119;
and
‘‘(B) may assume limited duties that are assigned to
similar personnel who are not working in a program supported with funds under this part, including duties beyond

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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.
‘‘(h) USE OF FUNDS.—A local educational agency receiving funds
under this part may use such funds to support ongoing training
and professional development to assist teachers and paraprofessionals in satisfying the requirements of this section.
‘‘(i) VERIFICATION OF COMPLIANCE.—
‘‘(1) IN GENERAL.—In verifying compliance with this section,
each local educational agency, at a minimum, shall require
that the principal of each school operating a program under
section 1114 or 1115 attest annually in writing as to whether
such school is in compliance with the requirements of this
section.
‘‘(2) AVAILABILITY OF INFORMATION.—Copies of attestations
under paragraph (1)—
‘‘(A) shall be maintained at each school operating a
program under section 1114 or 1115 and at the main office
of the local educational agency; and
‘‘(B) shall be available to any member of the general
public on request.
‘‘(j) COMBINATIONS OF FUNDS.—Funds provided under this part
that are used for professional development purposes may be combined with funds provided under title II of this Act, other Acts,
and other sources.
‘‘(k) SPECIAL RULE.—Except as provided in subsection (l), no
State educational agency shall require a school or a local educational
agency to expend a specific amount of funds for professional development activities under this part, except that this paragraph shall
not apply with respect to requirements under section 1116(c)(3).
‘‘(l) MINIMUM EXPENDITURES.—Each local educational agency
that receives funds under this part shall use not less than 5 percent,
or more than 10 percent, of such funds for each of fiscal years
2002 and 2003, and not less than 5 percent of the funds for each
subsequent fiscal year, for professional development activities to
ensure that teachers who are not highly qualified become highly
qualified not later than the end of the 2005–2006 school year.
‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.

‘‘(a) GENERAL REQUIREMENT.—
‘‘(1) IN GENERAL.—To the extent consistent with the number
of eligible children identified under section 1115(b) 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 1118 and 1119.

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‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—Such educational services or other benefits, including materials and
equipment, shall be secular, neutral, and nonideological.
‘‘(3) EQUITY.—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.
‘‘(4) EXPENDITURES.—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 lowincome families who attend private schools, which the local
educational agency may determine each year or every 2 years.
‘‘(5) PROVISION OF SERVICES.—The local educational agency
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, 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, and
the proportion of funds that is allocated under subsection
(a)(4) for such services;
‘‘(F) the method or sources of data that are used under
subsection (c) and section 1113(c)(1) 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; and
‘‘(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.
‘‘(2) 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.

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‘‘(3) 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.
‘‘(4) 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 consultation required by this section has occurred. 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 taken place to the State
educational agency.
‘‘(5) COMPLIANCE.—
‘‘(A) IN GENERAL.—A private school official shall have
the right to complain to the State educational agency that
the local educational agency did not engage in consultation
that was meaningful and timely, or did not give due consideration to the views of the private school official.
‘‘(B) PROCEDURE.—If the private school official wishes
to complain, 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) 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 lowincome data for private school students shall be subject to
the complaint process authorized in section 9505.
‘‘(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

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‘‘(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 9503 and 9504; 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.
‘‘SEC. 1120A. FISCAL REQUIREMENTS.

20 USC 6321.

‘‘(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
9521.
‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NONFEDERAL 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 non-Federal
sources for the education of pupils participating in programs
assisted under this part, and not to supplant such funds.
‘‘(2) SPECIAL RULE.—No local educational agency shall be
required to 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).
‘‘(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

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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 gradespan 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.
20 USC 6322.

‘‘SEC. 1120B. COORDINATION REQUIREMENTS.

‘‘(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 such
as the Early Reading First program.

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‘‘(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 development programs, such
as the Early Reading First program, 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 development program such
as the Early Reading First 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 development programs such as
the Early Reading First program, 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 development
programs such as the Early Reading First program, 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, Early
Reading First program staff, and, where appropriate, other
early childhood development program staff; and
‘‘(5) linking the educational services provided by such local
educational agency with the services provided by local Head
Start agencies and entities carrying out Early Reading First
programs.
‘‘(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.

‘‘Subpart 2—Allocations
‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY
OF THE INTERIOR.

20 USC 6331.

‘‘(a) RESERVATION OF FUNDS.—From the amount appropriated
for payments to States for any fiscal year under section 1002(a)
and 1125A(f), the Secretary shall reserve a total of 1 percent to
provide assistance to—
‘‘(1) the outlying areas in the amount determined in accordance with subsection (b); and
‘‘(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (d).
‘‘(b) ASSISTANCE TO OUTLYING AREAS.—
‘‘(1) FUNDS RESERVED.—From the amount made available
for any fiscal year under subsection (a), the Secretary shall
award grants to local educational agencies in the outlying areas.
‘‘(2) COMPETITIVE GRANTS.—Until each appropriate outlying
area enters into an agreement for extension of United States
educational assistance under the Compact of Free Association
after the date of enactment of the No Child Left Behind Act
of 2001, the Secretary shall carry out the competition described

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PUBLIC LAW 107–110—JAN. 8, 2002
in paragraph (3), except that the amount reserved to carry
out such competition shall not exceed $5,000,000.
‘‘(3) LIMITATION FOR COMPETITIVE GRANTS.—
‘‘(A) COMPETITIVE GRANTS.—The Secretary shall use
funds described in paragraph (2) to award grants to the
outlying areas and freely associated States to carry out
the purposes of this part.
‘‘(B) AWARD BASIS.—The Secretary shall award grants
under subparagraph (A) on a competitive basis, taking
into consideration the recommendations of the Pacific
Region Educational Laboratory in Honolulu, Hawaii.
‘‘(C) USES.—Except as provided in subparagraph (D),
grant funds awarded under this paragraph may be used
only—
‘‘(i) for programs described in this Act, including
teacher training, curriculum development, instructional materials, or general school improvement and
reform; and
‘‘(ii) to provide direct educational services that
assist all students with meeting challenging State academic content standards.
‘‘(D) ADMINISTRATIVE COSTS.—The Secretary may provide not more than 5 percent of the amount reserved for
grants under this paragraph to pay the administrative
costs of the Pacific Region Educational Laboratory under
subparagraph (B).
‘‘(4) SPECIAL RULE.—The provisions of Public Law 95–134,
permitting the consolidation of grants by the outlying areas,
shall not apply to funds provided to the freely associated States
under this section.
‘‘(c) DEFINITIONS.—For the purpose of subsections (a) and (b)—
‘‘(1) the term ‘freely associated states’ means the Republic
of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau; and
‘‘(2) 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, as determined pursuant to criteria established by the Secretary, the amount necessary to meet the
special 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

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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.
‘‘SEC. 1122. ALLOCATIONS TO STATES.

20 USC 6332.

‘‘(a) ALLOCATION FORMULA.—Of the amount appropriated under
section 1002(a) to carry out this part for each of fiscal years 2002–
2007 (referred to in this subsection as the current fiscal year)—
‘‘(1) an amount equal to the amount made available to
carry out section 1124 for fiscal year 2001 shall be allocated
in accordance with section 1124;
‘‘(2) an amount equal to the amount made available to
carry out section 1124A for fiscal year 2001 shall be allocated
in accordance with section 1124A; and
‘‘(3) an amount equal to 100 percent of the amount, if
any, by which the amount made available to carry out sections
1124, 1124A, and 1125 for the current fiscal year for which
the determination is made exceeds the amount available to
carry out sections 1124 and 1124A for fiscal year 2001 shall
be allocated in accordance with section 1125.
‘‘(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 1124, 1124A, and 1125 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 1124, 1124A, and
1125 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 1124, 1124A, AND 1125.—For
each fiscal year, the amount made available to each local educational agency under each of sections 1124, 1124A, and 1125
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 1124 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 1124A
for the preceding fiscal year, regardless of whether the local

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Applicability.

20 USC 6333.

PUBLIC LAW 107–110—JAN. 8, 2002

educational agency meets the minimum eligibility criteria for
that fiscal year described in section 1124A(a)(1)(A) 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
1124, 1124A, 1125, and 1125A, the term ‘State’ means each of
the 50 States, the District of Columbia, and the Commonwealth
of Puerto Rico.
‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) AMOUNT OF GRANTS.—
‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO
RICO.—Except as provided in paragraph (4) and in section 1126,
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

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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.

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‘‘(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 perpupil 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.—

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‘‘(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,

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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; 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 1122, 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

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‘‘(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.
‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.

20 USC 6334.

‘‘(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 1124 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 1124(c) 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 1122, 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
1124(c) for that fiscal year; and
‘‘(B) the amount in section 1124(a)(1)(B) for each State
except the Commonwealth of Puerto Rico, and the amount
in section 1124(a)(4) 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
1124(a)(2), (3), and (4).

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‘‘(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 the date of
enactment of the No Child Left Behind Act of 2001 the number
of children counted under section 1124(c) 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 1124(c), except that only
those local educational agencies with concentrations or numbers
of children counted under section 1124(c) 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.
20 USC 6335.

‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(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 1124(c), 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 1124(c), 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
1124(a)(1)(B).
‘‘(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

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Rico, multiplied by the amount determined in section 1124(a)(4)
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 1124(c) 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 1124(c) 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 1124(c)
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).

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PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) BY PERCENTAGE OF CHILDREN.—The amount
referred to in subparagraph (A) is determined by adding—
‘‘(i) the number of children determined under section 1124(c) 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 1124(c) 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 1124(c)
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 1124(a)(2) and (3).
‘‘(e) STATE MINIMUM.—Notwithstanding any other provision of
this section or section 1122, 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 1124(c), without
application of a weighting factor, multiplied by the State’s
total number of children described in section 1124(c), without application of a weighting factor.

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115 STAT. 1525

‘‘SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO
LOCAL EDUCATIONAL AGENCIES IN FISCAL YEARS
AFTER FISCAL YEAR 2001.

20 USC 6336.

‘‘(a) FINDINGS.—Congress makes the following findings:
‘‘(1) The current Basic Grant Formula for the distribution
of funds under this part often does not provide funds for the
economically disadvantaged students for which such funds are
targeted.
‘‘(2) Any school district in which more than 2 percent
of the students live below the poverty level qualifies for funding
under the Basic Grant Formula. As a result, 9 out of every
10 school districts in the country receive some form of aid
under the Formula.
‘‘(3) Fifty-eight percent of all schools receive at least some
funding under this part, including many suburban schools with
predominantly well-off students.
‘‘(4) One out of every 5 schools with concentrations of
poor students between 50 and 75 percent receive no funding
at all under this part.
‘‘(5) In passing the Improving America’s Schools Act in
1994, Congress declared that grants under this part would
more sharply target high poverty schools by using the Targeted
Grant Formula, but annual appropriation Acts have prevented
the use of that Formula.
‘‘(6) The advantage of the Targeted Grant Formula over
other funding formulas under this part is that the Targeted
Grant Formula provides increased grants per poor child as
the percentage of economically disadvantaged children in a
school district increases.
‘‘(7) Studies have found that the poverty of a child’s family
is much more likely to be associated with educational disadvantage if the family lives in an area with large concentrations
of poor families.
‘‘(8) States with large populations of high poverty students
would receive significantly more funding if more funds under
this part were allocated through the Targeted Grant Formula.
‘‘(9) Congress has an obligation to allocate funds under
this part so that such funds will positively affect the largest
number of economically disadvantaged students.
‘‘(b) LIMITATION ON ALLOCATION OF TITLE I FUNDS CONTINGENT
ON ADEQUATE FUNDING OF TARGETED GRANTS.—Pursuant to section
1122, 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 1125 in the applicable
fiscal year meets the requirements of section 1122(a).
‘‘SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

20 USC 6337.

‘‘(a) GRANTS.—From funds appropriated under subsection (f)
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 appropriated pursuant to subsection (f) shall

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PUBLIC LAW 107–110—JAN. 8, 2002
be allotted to each State based upon the number of children
counted under section 1124(c) in such State multiplied
by the product of—
‘‘(i) the amount in section 1124(a)(1)(B) 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
1124(a)(4) for the Commonwealth of Puerto Rico, except
that the amount in section 1124(a)(4)(A)(ii) 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 1122, 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 total appropriations; 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
1124(c), without application of a weighting factor,
multiplied by the State’s total number of children
described in section 1124(c), 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.—

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115 STAT. 1527

‘‘(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 1124(c) 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 the date of enactment
of the No Child Left Behind Act of 2001) 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 1113, 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—
‘‘(A) the number of children in the local educational agency
counted under section 1124(c), before application of the
weighted child count described in paragraph (3), is at least
10; and
‘‘(B) if the number of children counted for grants under
section 1124(c), before application of the weighted child count
described in paragraph (3), 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.

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115 STAT. 1528

PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(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 1124(c) 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 1124(c) 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

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115 STAT. 1529

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 1124(c) 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 1124(c) 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 1124(c) for that county who constitute not

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PUBLIC LAW 107–110—JAN. 8, 2002
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 1124(c) 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 1124(c) 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

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115 STAT. 1531

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 1124(c) 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 1124(c) 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

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(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 1124(c) 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 1124(c) 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 1124(c) who constitute not more than 691,
inclusive, of the agency’s total population aged 5
to 17, inclusive, multiplied by 1.0;

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‘‘(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.—Except as provided in paragraph (2),
a State is entitled to receive its full allotment of funds under
this section for any fiscal year if the Secretary finds that
either the combined fiscal effort per student or the aggregate
expenditures within the State with respect to the provision
of free public education for the fiscal year preceding the fiscal
year for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for
which the determination is made.
‘‘(2) REDUCTION OF FUNDS.—The Secretary shall reduce
the amount of funds awarded to any State under this section
in any fiscal year in the exact proportion to which the State
fails to meet the requirements 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),
and no such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent years.
‘‘(3) WAIVERS.—The Secretary may waive, for 1 fiscal year
only, the requirements of this subsection if the Secretary determines that such a waiver would be equitable due to exceptional
or uncontrollable circumstances such as a natural disaster or
a precipitous and unforeseen decline in the financial resources
of the State.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—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.
‘‘(g) 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 under 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 1124 is not less

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PUBLIC LAW 107–110—JAN. 8, 2002
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.

20 USC 6338.

‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

‘‘(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 1124(c)(1)(B), 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 1124,
1124A, 1125, and 1125A 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 1124, 1124A, 1125, and 1125A 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 1124, 1124A, 1125, and 1125A 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.
20 USC 6339.

‘‘SEC. 1127. CARRYOVER AND WAIVER.

‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding section
421(b) of the General Education Provisions Act 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.

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‘‘(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.

‘‘PART B—STUDENT READING SKILLS
IMPROVEMENT GRANTS
‘‘Subpart 1—Reading First
‘‘SEC. 1201. PURPOSES.

20 USC 6361.

‘‘The purposes of this subpart are as follows:
‘‘(1) To provide assistance to State educational agencies
and local educational agencies in establishing reading programs
for students in kindergarten through grade 3 that are based
on scientifically based reading research, to ensure that every
student can read at grade level or above not later than the
end of grade 3.
‘‘(2) To provide assistance to State educational agencies
and local educational agencies in preparing teachers, including
special education teachers, through professional development
and other support, so the teachers can identify specific reading
barriers facing their students and so the teachers have the
tools to effectively help their students learn to read.
‘‘(3) To provide assistance to State educational agencies
and local educational agencies in selecting or administering
screening, diagnostic, and classroom-based instructional
reading assessments.
‘‘(4) To provide assistance to State educational agencies
and local educational agencies in selecting or developing effective instructional materials (including classroom-based materials to assist teachers in implementing the essential components of reading instruction), programs, learning systems, and
strategies to implement methods that have been proven to
prevent or remediate reading failure within a State.
‘‘(5) To strengthen coordination among schools, early literacy programs, and family literacy programs to improve
reading achievement for all children.
‘‘SEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.

20 USC 6362.

‘‘(a) IN GENERAL.—
‘‘(1) AUTHORIZATION TO MAKE GRANTS.—In the case of each
State educational agency that in accordance with section 1203
submits to the Secretary an application for a 6-year period,
the Secretary, from amounts appropriated under section
1002(b)(1) and subject to the application’s approval, shall make
a grant to the State educational agency for the uses specified
in subsections (c) and (d). For each fiscal year, the funds provided under the grant shall equal the allotment determined
for the State educational agency under subsection (b).

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(2) DURATION OF GRANTS.—Subject to subsection (e)(3),
a grant under this section shall be awarded for a period of
not more than 6 years.
‘‘(b) DETERMINATION OF AMOUNT OF ALLOTMENTS.—
‘‘(1) RESERVATIONS FROM APPROPRIATIONS.—From the total
amount made available to carry out this subpart for a fiscal
year, the Secretary—
‘‘(A) shall reserve 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 these outlying areas on
the basis of their relative need, as determined by the
Secretary in accordance with the purposes of this subpart;
‘‘(B) shall reserve one-half of 1 percent for the Secretary
of the Interior for programs under this subpart in schools
operated or funded by the Bureau of Indian Affairs;
‘‘(C) may reserve not more than 21⁄2 percent or
$25,000,000, whichever is less, to carry out section 1205
(relating to external evaluation) and section 1206 (relating
to national activities);
‘‘(D) shall reserve $5,000,000 to carry out sections 1207
and 1224 (relating to information dissemination); and
‘‘(E) for any fiscal year, beginning with fiscal year
2004, for which the amount appropriated to carry out this
subpart exceeds the amount appropriated for fiscal year
2003, shall reserve, to carry out section 1204, the lesser
of—
‘‘(i) $90,000,000; or
‘‘(ii) 10 percent of such excess amount.
‘‘(2) STATE ALLOTMENTS.—In accordance with paragraph
(3), the Secretary shall allot among each of the States the
total amount made available to carry out this subpart for
any fiscal year and not reserved under paragraph (1).
‘‘(3) DETERMINATION OF STATE ALLOTMENT AMOUNTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall allot the amount made available under
paragraph (2) for a fiscal year among the States in proportion to the number of children, aged 5 to 17, who reside
within the State and are from families with incomes below
the poverty line for the most recent fiscal year for which
satisfactory data are available, compared to the number
of such individuals who reside in all such States for that
fiscal year.
‘‘(B) EXCEPTIONS.—
‘‘(i) MINIMUM GRANT AMOUNT.—Subject to clause
(ii), no State receiving an allotment under subparagraph (A) may receive less than one-fourth of 1 percent
of the total amount allotted under such subparagraph.
‘‘(ii) PUERTO RICO.—The percentage of the amount
allotted under subparagraph (A) that is allotted to
the Commonwealth of Puerto Rico for a fiscal year
may not exceed the percentage that was received by
the Commonwealth of Puerto Rico of the funds allocated to all States under subpart 2 of part A for the
preceding fiscal year.
‘‘(4) DISTRIBUTION OF SUBGRANTS.—The Secretary may
make a grant to a State educational agency only if the State

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educational agency agrees to expend at least 80 percent of
the amount of the funds provided under the grant for the
purpose of making, in accordance with subsection (c), competitive subgrants to eligible local educational agencies.
‘‘(5) REALLOTMENT.—If a State educational agency
described in paragraph (2) does not apply for an allotment
under this section for any fiscal year, or if the State educational
agency’s application is not approved, the Secretary shall reallot
such amount to the remaining State educational agencies in
accordance with paragraph (3).
‘‘(6) DEFINITION OF STATE.—For purposes of this subsection,
the term ‘State’ means each of the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico.
‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) AUTHORIZATION TO MAKE SUBGRANTS.—In accordance
with paragraph (2), a State educational agency that receives
a grant under this section shall make competitive subgrants
to eligible local educational agencies.
‘‘(2) ALLOCATION.—
‘‘(A) MINIMUM SUBGRANT AMOUNT.—In making subgrants under paragraph (1), a State educational agency
shall allocate to each eligible local educational agency that
receives such a subgrant, at a minimum, an amount that
bears the same relation to the funds made available under
subsection (b)(4) as the amount the eligible local educational agency received under part A for the preceding
fiscal year bears to the amount all the local educational
agencies in the State received under part A for the preceding fiscal year.
‘‘(B) PRIORITY.—In making subgrants under paragraph
(1), a State educational agency shall give priority to eligible
local educational agencies in which at least—
‘‘(i) 15 percent of the children served by the eligible
local educational agency are from families with incomes
below the poverty line; or
‘‘(ii) 6,500 children served by the eligible local educational agency are from families with incomes below
the poverty line.
‘‘(3) NOTICE.—A State educational agency receiving a grant
under this section shall provide notice to all eligible local educational agencies in the State of the availability of competitive
subgrants under this subsection and of the requirements for
applying for the subgrants.
‘‘(4) LOCAL APPLICATION.—To be eligible to receive a
subgrant under this subsection, an eligible 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.
‘‘(5) STATE REQUIREMENT.—In distributing subgrant funds
to eligible local educational agencies under this subsection,
a State educational agency shall—
‘‘(A) provide funds in sufficient size and scope to enable
the eligible local educational agencies to improve reading
instruction; and

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(B) provide the funds in amounts related to the
number or percentage of students in kindergarten through
grade 3 who are reading below grade level.
‘‘(6) LIMITATION TO CERTAIN SCHOOLS.—In distributing
subgrant funds under this subsection, an eligible local educational agency shall provide funds only to schools that both—
‘‘(A) are among the schools served by that eligible
local educational agency with the highest percentages or
numbers of students in kindergarten through grade 3
reading below grade level, based on the most currently
available data; and
‘‘(B)(i) are identified for school improvement under section 1116(b); or
‘‘(ii) have the highest percentages or numbers of children counted under section 1124(c).
‘‘(7) LOCAL USES OF FUNDS.—
‘‘(A) REQUIRED USES.—Subject to paragraph (8), an
eligible local educational agency that receives a subgrant
under this subsection shall use the funds provided under
the subgrant to carry out the following activities:
‘‘(i) Selecting and administering screening, diagnostic, and classroom-based instructional reading
assessments.
‘‘(ii) Selecting and implementing a learning system
or program of reading instruction based on scientifically based reading research that—
‘‘(I) includes the essential components of
reading instruction; and
‘‘(II) provides such instruction to the children
in kindergarten through grade 3 in the schools
served by the eligible local educational agency,
including children who—
‘‘(aa) may have reading difficulties;
‘‘(bb) are at risk of being referred to special
education based on these difficulties;
‘‘(cc) have been evaluated under section
614 of the Individuals with Disabilities Education Act but, in accordance with section
614(b)(5) of that Act, have not been identified
as being a child with a disability (as defined
in section 602 of that Act);
‘‘(dd) are being served under such Act primarily due to being identified as being a child
with a specific learning disability (as defined
in section 602 of that Act) related to reading;
‘‘(ee) are deficient in the essential components of reading skills, as listed in subparagraphs (A) through (E) of section 1208(3); or
‘‘(ff) are identified as having limited
English proficiency.
‘‘(iii) Procuring and implementing instructional
materials, including education technology such as software and other digital curricula, that are based on
scientifically based reading research.
‘‘(iv) Providing professional development for
teachers of kindergarten through grade 3, and special

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education teachers of kindergarten through grade 12,
that—
‘‘(I) will prepare these teachers in all of the
essential components of reading instruction;
‘‘(II) shall include—
‘‘(aa) information on instructional materials, programs, strategies, and approaches
based on scientifically based reading research,
including
early
intervention,
classroom
reading materials, and remedial programs and
approaches; and
‘‘(bb) instruction in the use of screening,
diagnostic, and classroom-based instructional
reading assessments and other procedures
that effectively identify students who may be
at risk for reading failure or who are having
difficulty reading;
‘‘(III) shall be provided by eligible professional
development providers; and
‘‘(IV) will assist teachers in becoming highly
qualified in reading instruction in accordance with
the requirements of section 1119.
‘‘(v) Collecting and summarizing data—
‘‘(I) to document the effectiveness of activities
carried out under this subpart in individual schools
and in the local educational agency as a whole;
and
‘‘(II) to stimulate and accelerate improvement
by identifying the schools that produce significant
gains in reading achievement.
‘‘(vi) Reporting data for all students and categories
of students described in section 1111(b)(2)(C)(v)(II).
‘‘(vii) Promoting reading and library programs that
provide access to engaging reading material, including
coordination with programs funded through grants
received under subpart 4, where applicable.
‘‘(B) ADDITIONAL USES.—Subject to paragraph (8), an
eligible local educational agency that receives a subgrant
under this subsection may use the funds provided under
the subgrant to carry out the following activities:
‘‘(i) Humanities-based family literacy programs
(which may be referred to as ‘Prime Time Family
Reading Time’) that bond families around the acts
of reading and using public libraries.
‘‘(ii) Providing training in the essential components
of reading instruction to a parent or other individual
who volunteers to be a student’s reading tutor, to
enable such parent or individual to support instructional practices that are based on scientifically based
reading research and are being used by the student’s
teacher.
‘‘(iii) Assisting parents, through the use of materials and reading programs, strategies, and approaches
(including family literacy services) that are based on
scientifically based reading research, to encourage
reading and support their child’s reading development.

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115 STAT. 1540

‘‘(8) LOCAL PLANNING AND ADMINISTRATION.—An eligible
local educational agency that receives a subgrant under this
subsection may use not more than 3.5 percent of the funds
provided under the subgrant for planning and administration.
‘‘(d) STATE USES OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency that receives
a grant under this section may expend not more than a total
of 20 percent of the grant funds to carry out the activities
described in paragraphs (3), (4), and (5).
‘‘(2) PRIORITY.—A State educational agency shall give priority to carrying out the activities described in paragraphs
(3), (4), and (5) for schools described in subsection (c)(6).
‘‘(3) PROFESSIONAL INSERVICE AND PRESERVICE DEVELOPMENT AND REVIEW.—A State educational agency may expend
not more than 65 percent of the amount of the funds made
available under paragraph (1)—
‘‘(A) to develop and implement a program of professional development for teachers, including special education
teachers, of kindergarten through grade 3 that—
‘‘(i) will prepare these teachers in all the essential
components of reading instruction;
‘‘(ii) shall include—
‘‘(I) information on instructional materials,
programs, strategies, and approaches based on scientifically based reading research, including early
intervention and reading remediation materials,
programs, and approaches; and
‘‘(II) instruction in the use of screening, diagnostic, and classroom-based instructional reading
assessments and other scientifically based procedures that effectively identify students who may
be at risk for reading failure or who are having
difficulty reading; and
‘‘(iii) shall be provided by eligible professional
development providers;
‘‘(B) to strengthen and enhance preservice courses for
students preparing, at all public institutions of higher education in the State, to teach kindergarten through grade
3 by—
‘‘(i) reviewing such courses to determine whether
the courses’ content is consistent with the findings
of the most current scientifically based reading
research, including findings on the essential components of reading instruction;
‘‘(ii) following up such reviews with recommendations to ensure that such institutions offer courses
that meet the highest standards; and
‘‘(iii) preparing a report on the results of such
reviews, submitting the report to the reading and literacy partnership for the State established under section 1203(d), and making the report available for public
review by means of the Internet; and
‘‘(C) to make recommendations on how the State licensure and certification standards in the area of reading
might be improved.
‘‘(4) TECHNICAL ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES AND SCHOOLS.—A State educational agency may expend

Reports.
Public
information.
Internet.

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not more than 25 percent of the amount of the funds made
available under paragraph (1) for one or more of the following:
‘‘(A) Assisting local educational agencies in accomplishing the tasks required to design and implement a
program under this subpart, including—
‘‘(i) selecting and implementing a program or programs of reading instruction based on scientifically
based reading research;
‘‘(ii) selecting screening, diagnostic, and classroombased instructional reading assessments; and
‘‘(iii) identifying eligible professional development
providers to help prepare reading teachers to teach
students using the programs and assessments
described in clauses (i) and (ii).
‘‘(B) Providing expanded opportunities to students in
kindergarten through grade 3 who are served by eligible
local educational agencies for receiving reading assistance
from alternative providers that includes—
‘‘(i) screening, diagnostic, and classroom-based
instructional reading assessments; and
‘‘(ii) as need is indicated by the assessments under
clause (i), instruction based on scientifically based
reading research that includes the essential components of reading instruction.
‘‘(5) PLANNING, ADMINISTRATION, AND REPORTING.—
‘‘(A) EXPENDITURE OF FUNDS.—A State educational
agency may expend not more than 10 percent of the amount
of funds made available under paragraph (1) for the activities described in this paragraph.
‘‘(B) PLANNING AND ADMINISTRATION.—A State educational agency that receives a grant under this section
may expend funds made available under subparagraph (A)
for planning and administration relating to the State uses
of funds authorized under this subpart, including the following:
‘‘(i) Administering the distribution of competitive
subgrants to eligible local educational agencies under
subsection (c) and section 1204(d).
‘‘(ii) Assessing and evaluating, on a regular basis,
eligible local educational agency activities assisted
under this subpart, with respect to whether they have
been effective in increasing the number of children
in grades 1, 2, and 3 served under this subpart who
can read at or above grade level.
‘‘(C) ANNUAL REPORTING.—
‘‘(i) IN GENERAL.—A State educational agency that
receives a grant under this section shall expend funds
made available under subparagraph (A) to provide the
Secretary annually with a report on the implementation of this subpart.
‘‘(ii) INFORMATION INCLUDED.—Each report under
this subparagraph shall include information on the
following:
‘‘(I) Evidence that the State educational agency
is fulfilling its obligations under this subpart.

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115 STAT. 1542

‘‘(II) Specific identification of those schools and
local educational agencies that report the largest
gains in reading achievement.
‘‘(III) The progress the State educational
agency and local educational agencies within the
State are making in reducing the number of students served under this subpart in grades 1, 2,
and 3 who are reading below grade level, as demonstrated by such information as teacher reports
and school evaluations of mastery of the essential
components of reading instruction.
‘‘(IV) Evidence on whether the State educational agency and local educational agencies
within the State have significantly increased the
number of students reading at grade level or above,
significantly increased the percentages of students
described in section 1111(b)(2)(C)(v)(II) who are
reading at grade level or above, and successfully
implemented this subpart.
‘‘(iii) PRIVACY PROTECTION.—Data in the report
shall be reported in a manner that protects the privacy
of individuals.
‘‘(iv) CONTRACT.—To the extent practicable, a State
educational agency shall enter into a contract with
an entity that conducts scientifically based reading
research, under which contract the entity will assist
the State educational agency in producing the reports
required to be submitted under this subparagraph.
‘‘(e) REVIEW.—
‘‘(1) PROGRESS REPORT.—
‘‘(A) SUBMISSION.—Not later than 60 days after the
termination of the third year of the grant period, each
State educational agency receiving a grant under this section shall submit a progress report to the Secretary.
‘‘(B) INFORMATION INCLUDED.—The progress report
shall include information on the progress the State educational agency and local educational agencies within the
State are making in reducing the number of students
served under this subpart in grades 1, 2, and 3 who are
reading below grade level (as demonstrated by such
information as teacher reports and school evaluations of
mastery of the essential components of reading instruction).
The report shall also include evidence from the State educational agency and local educational agencies within the
State that the State educational agency and the local educational agencies have significantly increased the number
of students reading at grade level or above, significantly
increased the percentages of students described in section
1111(b)(2)(C)(v)(II) who are reading at grade level or above,
and successfully implemented this subpart.
‘‘(2) PEER REVIEW.—The progress report described in paragraph (1) shall be reviewed by the peer review panel convened
under section 1203(c)(2).
‘‘(3) CONSEQUENCES OF INSUFFICIENT PROGRESS.—After
submission of the progress report described in paragraph (1),
if the Secretary determines that the State educational agency
is not making significant progress in meeting the purposes

Deadline.

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of this subpart, the Secretary may withhold from the State
educational agency, in whole or in part, further payments under
this section in accordance with section 455 of the General
Education Provisions Act or take such other action authorized
by law as the Secretary determines necessary, including providing technical assistance upon request of the State educational agency.
‘‘(f) FUNDS NOT USED FOR STATE LEVEL ACTIVITIES.—Any portion of funds described in subsection (d)(1) that a State educational
agency does not expend in accordance with subsection (d)(1) shall
be expended for the purpose of making subgrants in accordance
with subsection (c).
‘‘SEC. 1203. STATE FORMULA GRANT APPLICATIONS.

20 USC 6363.

‘‘(a) APPLICATIONS.—
‘‘(1) IN GENERAL.—A State educational agency that desires
to receive a grant under section 1202 shall submit an application to the Secretary at such time and in such form as the
Secretary may require. The application shall contain the
information described in subsection (b).
‘‘(2) SPECIAL APPLICATION PROVISIONS.—For those State
educational agencies that have received a grant under part
C of title II (as such part was in effect on the day before
the date of enactment of the No Child Left Behind Act of
2001), the Secretary shall establish a modified set of requirements for an application under this section that takes into
account the information already submitted and approved under
that program and minimizes the duplication of effort on the
part of such State educational agencies.
‘‘(b) CONTENTS.—An application under this section shall contain
the following:
‘‘(1) An assurance that the Governor of the State, in consultation with the State educational agency, has established
a reading and literacy partnership described in subsection (d),
and a description of how such partnership—
‘‘(A) coordinated the development of the application;
and
‘‘(B) will assist in the oversight and evaluation of the
State educational agency’s activities under this subpart.
‘‘(2) A description, if applicable, of the State’s strategy
to expand, continue, or modify activities authorized under part
C of title II (as such part was in effect on the day before
the date of enactment of the No Child Left Behind Act of
2001).
‘‘(3) An assurance that the State educational agency, and
any local educational agencies receiving a subgrant from that
State educational agency under section 1202, will, if requested,
participate in the external evaluation under section 1205.
‘‘(4) A State educational agency plan containing a description of the following:
‘‘(A) How the State educational agency will assist local
educational agencies in identifying screening, diagnostic,
and classroom-based instructional reading assessments.
‘‘(B) How the State educational agency will assist local
educational agencies in identifying instructional materials,
programs, strategies, and approaches, based on scientifically based reading research, including early intervention

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PUBLIC LAW 107–110—JAN. 8, 2002
and reading remediation materials, programs, and
approaches.
‘‘(C) How the State educational agency will ensure
that professional development activities related to reading
instruction and provided under section 1202 are—
‘‘(i) coordinated with other Federal, State, and local
level funds, and used effectively to improve instructional practices for reading; and
‘‘(ii) based on scientifically based reading research.
‘‘(D) How the activities assisted under section 1202
will address the needs of teachers and other instructional
staff in implementing the essential components of reading
instruction.
‘‘(E) How subgrants made by the State educational
agency under section 1202 will meet the requirements of
section 1202, including how the State educational agency
will ensure that eligible local educational agencies receiving
subgrants under section 1202 will use practices based on
scientifically based reading research.
‘‘(F) How the State educational agency will, to the
extent practicable, make grants to eligible local educational
agencies in both rural and urban areas.
‘‘(G) How the State educational agency will build on,
and promote coordination among literacy programs in the
State (including federally funded programs such as programs under the Adult Education and Family Literacy
Act, the Individuals with Disabilities Education Act, and
subpart 2), to increase the effectiveness of the programs
in improving reading for adults and children and to avoid
duplication of the efforts of the program.
‘‘(H) How the State educational agency will assess and
evaluate, on a regular basis, eligible local educational
agency activities assisted under section 1202, with respect
to whether the activities have been effective in achieving
the purposes of section 1202.
‘‘(I) Any other information that the Secretary may
reasonably require.
‘‘(c) APPROVAL OF APPLICATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall approve an application of a State educational agency under this section only
if such application meets the requirements of this section.
‘‘(2) PEER REVIEW.—
‘‘(A) IN GENERAL.—The Secretary, in consultation with
the National Institute for Literacy, shall convene a panel
to evaluate applications under this section. At a minimum,
the panel shall include—
‘‘(i) three individuals selected by the Secretary;
‘‘(ii) three individuals selected by the National
Institute for Literacy;
‘‘(iii) three individuals selected by the National
Research Council of the National Academy of Sciences;
and
‘‘(iv) three individuals selected by the National
Institute of Child Health and Human Development.
‘‘(B) EXPERTS.—The panel shall include—

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‘‘(i) experts who are competent, by virtue of their
training, expertise, or experience, to evaluate applications under this section;
‘‘(ii) experts who provide professional development
to individuals who teach reading to children and adults
based on scientifically based reading research;
‘‘(iii) experts who provide professional development
to other instructional staff based on scientifically based
reading research; and
‘‘(iv) an individual who has expertise in screening,
diagnostic, and classroom-based instructional reading
assessments.
‘‘(C) RECOMMENDATIONS.—The panel shall recommend
grant applications from State educational agencies under
this section to the Secretary for funding or for disapproval.
‘‘(d) READING AND LITERACY PARTNERSHIPS.—
‘‘(1) IN GENERAL.—For a State educational agency to receive
a grant under section 1202, the Governor of the State, in
consultation with the State educational agency, shall establish
a reading and literacy partnership.
‘‘(2) REQUIRED PARTICIPANTS.—The reading and literacy
partnership shall include the following participants:
‘‘(A) The Governor of the State.
‘‘(B) The chief State school officer.
‘‘(C) The chairman and the ranking member of each
committee of the State legislature that is responsible for
education policy.
‘‘(D) A representative, selected jointly by the Governor
and the chief State school officer, of at least one eligible
local educational agency.
‘‘(E) A representative, selected jointly by the Governor
and the chief State school officer, of a community-based
organization working with children to improve their
reading skills, particularly a community-based organization
using tutors and scientifically based reading research.
‘‘(F) State directors of appropriate Federal or State
programs with a strong reading component, selected jointly
by the Governor and the chief State school officer.
‘‘(G) A parent of a public or private school student
or a parent who educates the parent’s child in the parent’s
home, selected jointly by the Governor and the chief State
school officer.
‘‘(H) A teacher, who may be a special education teacher,
who successfully teaches reading, and another instructional
staff member, selected jointly by the Governor and the
chief State school officer.
‘‘(I) A family literacy service provider selected jointly
by the Governor and the chief State school officer.
‘‘(3) OPTIONAL PARTICIPANTS.—The reading and literacy
partnership may include additional participants, who shall be
selected jointly by the Governor and the chief State school
officer, and who may include a representative of—
‘‘(A) an institution of higher education operating a
program of teacher preparation in the State that is based
on scientifically based reading research;
‘‘(B) a local educational agency;

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‘‘(C) a private nonprofit or for-profit eligible professional development provider providing instruction based
on scientifically based reading research;
‘‘(D) an adult education provider;
‘‘(E) a volunteer organization that is involved in
reading programs; or
‘‘(F) a school library or a public library that offers
reading or literacy programs for children or families.
‘‘(4) PREEXISTING PARTNERSHIP.—If, before the date of
enactment of the No Child Left Behind Act of 2001, a State
educational agency established a consortium, partnership, or
any other similar body that was considered a reading and
literacy partnership for purposes of part C of title II of this
Act (as such part was in effect on the day before the date
of enactment of No Child Left Behind Act of 2001), that consortium, partnership, or body may be considered a reading and
literacy partnership for purposes of this subsection consistent
with the provisions of this subpart.

‘‘SEC. 1204. TARGETED ASSISTANCE GRANTS.

20 USC 6364.
Effective date.

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‘‘(a) ELIGIBILITY CRITERIA FOR AWARDING TARGETED ASSISTANCE
GRANTS TO STATES.—Beginning with fiscal year 2004, from funds
appropriated under section 1202(b)(1)(E), the Secretary shall make
grants, on a competitive basis, to those State educational agencies
that—
‘‘(1) for each of 2 consecutive years, demonstrate that an
increasing percentage of third graders in each of the groups
described in section 1111(b)(2)(C)(v)(II) in the schools served
by the local educational agencies receiving funds under section
1202 are reaching the proficient level in reading; and
‘‘(2) for each of the same such consecutive 2 years, demonstrate that schools receiving funds under section 1202 are
improving the reading skills of students in grades 1, 2, and
3 based on screening, diagnostic, and classroom-based instructional reading assessments.
‘‘(b) CONTINUATION OF PERFORMANCE AWARDS.—For any State
educational agency that receives a competitive grant under this
section, the Secretary shall make an award for each of the succeeding years that the State educational agency demonstrates it
is continuing to meet the criteria described in subsection (a).
‘‘(c) DISTRIBUTION OF TARGETED ASSISTANCE GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall make a grant to
each State educational agency with an application approved
under this section in an amount that bears the same relation
to the amount made available to carry out this section for
a fiscal year as the number of children counted under section
1124(c) for the State bears to the number of such children
so counted for all States with applications approved for that
year.
‘‘(2) PEER REVIEW.—The peer review panel convened under
section 1203(c)(2) shall review the applications submitted under
this subsection. The panel shall recommend such applications
to the Secretary for funding or for disapproval.
‘‘(3) APPLICATION CONTENTS.—A State educational agency
that desires to receive a grant under this section shall submit
an application to the Secretary at such time, in such manner,

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and accompanied by such information as the Secretary may
require. Each such application shall include the following:
‘‘(A) Evidence that the State educational agency has
carried out its obligations under section 1203.
‘‘(B) Evidence that the State educational agency has
met the criteria described in subsection (a).
‘‘(C) The amount of funds requested by the State educational agency and a description of the criteria the State
educational agency intends to use in distributing subgrants
to eligible local educational agencies under this section
to continue or expand activities under subsection (d)(5).
‘‘(D) Evidence that the State educational agency has
increased significantly the percentage of students reading
at grade level or above.
‘‘(E) Any additional evidence that demonstrates success
in the implementation of this section.
‘‘(d) SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) IN GENERAL.—The Secretary may make a grant to
a State educational agency under this section only if the State
educational agency agrees to expend 100 percent of the amount
of the funds provided under the grant for the purpose of making
competitive subgrants in accordance with this subsection to
eligible local educational agencies.
‘‘(2) NOTICE.—A State educational agency receiving a grant
under this section shall provide notice to all local educational
agencies in the State of the availability of competitive subgrants
under this subsection and of the requirements for applying
for the subgrants.
‘‘(3) APPLICATION.—To be eligible to receive a subgrant
under this subsection, an eligible 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.
‘‘(4) DISTRIBUTION.—
‘‘(A) IN GENERAL.—A State educational agency shall
distribute subgrants under this section through a competitive process based on relative need of eligible local educational agencies and the evidence described in this paragraph.
‘‘(B) EVIDENCE USED IN ALL YEARS.—For all fiscal years,
a State educational agency shall distribute subgrants under
this section based on evidence that an eligible local educational agency—
‘‘(i) satisfies the requirements of section 1202(c)(4);
‘‘(ii) will carry out its obligations under this subpart;
‘‘(iii) will work with other local educational agencies in the State that have not received a subgrant
under this subsection to assist such nonreceiving agencies in increasing the reading achievement of students;
and
‘‘(iv) is meeting the criteria described in subsection
(a).
‘‘(5) LOCAL USES OF FUNDS.—An eligible local educational
agency that receives a subgrant under this subsection—

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‘‘(A) shall use the funds provided under the subgrant
to carry out the activities described in section 1202(c)(7)(A);
and
‘‘(B) may use such funds to carry out the activities
described in section 1202(c)(7)(B).

20 USC 6365.

‘‘SEC. 1205. EXTERNAL EVALUATION.

Contracts.

‘‘(a) IN GENERAL.—From funds reserved under section
1202(b)(1)(C), the Secretary shall contract with an independent
organization outside of the Department for a 5-year, rigorous, scientifically valid, quantitative evaluation of this subpart.
‘‘(b) PROCESS.—The evaluation under subsection (a) shall be
conducted by an organization that is capable of designing and
carrying out an independent evaluation that identifies the effects
of specific activities carried out by State educational agencies and
local educational agencies under this subpart on improving reading
instruction. Such evaluation shall take into account factors influencing student performance that are not controlled by teachers
or education administrators.
‘‘(c) ANALYSIS.—The evaluation under subsection (a) shall
include the following:
‘‘(1) An analysis of the relationship between each of the
essential components of reading instruction and overall reading
proficiency.
‘‘(2) An analysis of whether assessment tools used by State
educational agencies and local educational agencies measure
the essential components of reading.
‘‘(3) An analysis of how State reading standards correlate
with the essential components of reading instruction.
‘‘(4) An analysis of whether the receipt of a targeted assistance grant under section 1204 results in an increase in the
number of children who read proficiently.
‘‘(5) A measurement of the extent to which specific instructional materials improve reading proficiency.
‘‘(6) A measurement of the extent to which specific
screening, diagnostic, and classroom-based instructional
reading assessments assist teachers in identifying specific
reading deficiencies.
‘‘(7) A measurement of the extent to which professional
development programs implemented by State educational agencies using funds received under this subpart improve reading
instruction.
‘‘(8) A measurement of how well students preparing to
enter the teaching profession are prepared to teach the essential
components of reading instruction.
‘‘(9) An analysis of changes in students’ interest in reading
and time spent reading outside of school.
‘‘(10) Any other analysis or measurement pertinent to this
subpart that is determined to be appropriate by the Secretary.
‘‘(d) PROGRAM IMPROVEMENT.—The findings of the evaluation
conducted under this section shall be provided to State educational
agencies and local educational agencies on a periodic basis for
use in program improvement.

20 USC 6366.

‘‘SEC. 1206. NATIONAL ACTIVITIES.

‘‘From funds
Secretary—

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‘‘(1) may provide technical assistance in achieving the purposes of this subpart to State educational agencies, local educational agencies, and schools requesting such assistance;
‘‘(2) shall, at a minimum, evaluate the impact of services
provided to children under this subpart with respect to their
referral to, and eligibility for, special education services under
the Individuals with Disabilities Education Act (based on their
difficulties learning to read); and
‘‘(3) shall carry out the external evaluation as described
in section 1205.
‘‘SEC. 1207. INFORMATION DISSEMINATION.

20 USC 6367.

‘‘(a) IN GENERAL.—From funds reserved under section
1202(b)(1)(D), the National Institute for Literacy, in collaboration
with the Secretary of Education, the Secretary of Health and
Human Services, and the Director of the National Institute for
Child Health and Human Development shall—
‘‘(1) disseminate information on scientifically based reading
research pertaining to children, youth, and adults;
‘‘(2) identify and disseminate information about schools,
local educational agencies, and State educational agencies that
have effectively developed and implemented classroom reading
programs that meet the requirements of this subpart, including
those State educational agencies, local educational agencies,
and schools that have been identified as effective through the
evaluation and peer review provisions of this subpart; and
‘‘(3) support the continued identification and dissemination
of information on reading programs that contain the essential
components of reading instruction as supported by scientifically
based reading research, that can lead to improved reading
outcomes for children, youth, and adults.
‘‘(b) DISSEMINATION AND COORDINATION.—At a minimum, the
National Institute for Literacy shall disseminate the information
described in subsection (a) to—
‘‘(1) recipients of Federal financial assistance under this
title, title III, the Head Start Act, the Individuals with Disabilities Education Act, and the Adult Education and Family Literacy Act; and
‘‘(2) each Bureau funded school (as defined in section 1141
of the Education Amendments of 1978).
‘‘(c) USE OF EXISTING NETWORKS.—In carrying out this section,
the National Institute for Literacy shall, to the extent practicable,
use existing information and dissemination networks developed and
maintained through other public and private entities including
through the Department and the National Center for Family Literacy.
‘‘(d) NATIONAL INSTITUTE FOR LITERACY.—For purposes of funds
reserved under section 1202(b)(1)(D) to carry out this section, the
National Institute for Literacy shall administer such funds in
accordance with section 242(b) of Public Law 105–220 (relating
to the establishment and administration of the National Institute
for Literacy).
‘‘SEC. 1208. DEFINITIONS.

20 USC 6368.

‘‘In this subpart:
‘‘(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—The term
‘eligible local educational agency’ means a local educational
agency that—

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‘‘(A) is among the local educational agencies in the
State with the highest numbers or percentages of students
in kindergarten through grade 3 reading below grade level,
based on the most currently available data; and
‘‘(B) has—
‘‘(i) jurisdiction over a geographic area that
includes an area designated as an empowerment zone,
or an enterprise community, under part I of subchapter
U of chapter 1 of the Internal Revenue Code of 1986;
‘‘(ii) jurisdiction over a significant number or
percentage of schools that are identified for school
improvement under section 1116(b); or
‘‘(iii) the highest numbers or percentages of children who are counted under section 1124(c), in
comparison to other local educational agencies in the
State.
‘‘(2) ELIGIBLE PROFESSIONAL DEVELOPMENT PROVIDER.—The
term ‘eligible professional development provider’ means a provider of professional development in reading instruction to
teachers, including special education teachers, that is based
on scientifically based reading research.
‘‘(3) ESSENTIAL COMPONENTS OF READING INSTRUCTION.—
The term ‘essential components of reading instruction’ means
explicit and systematic instruction in—
‘‘(A) phonemic awareness;
‘‘(B) phonics;
‘‘(C) vocabulary development;
‘‘(D) reading fluency, including oral reading skills; and
‘‘(E) reading comprehension strategies.
‘‘(4) INSTRUCTIONAL STAFF.—The term ‘instructional staff ’—
‘‘(A) means individuals who have responsibility for
teaching children to read; and
‘‘(B) includes principals, teachers, supervisors of
instruction, librarians, library school media specialists,
teachers of academic subjects other than reading, and other
individuals who have responsibility for assisting children
to learn to read.
‘‘(5) READING.—The term ‘reading’ means a complex system
of deriving meaning from print that requires all of the following:
‘‘(A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print.
‘‘(B) The ability to decode unfamiliar words.
‘‘(C) The ability to read fluently.
‘‘(D) Sufficient background information and vocabulary
to foster reading comprehension.
‘‘(E) The development of appropriate active strategies
to construct meaning from print.
‘‘(F) The development and maintenance of a motivation
to read.
‘‘(6) SCIENTIFICALLY BASED READING RESEARCH.—The term
‘scientifically based reading research’ means research that—
‘‘(A) applies rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading
development, reading instruction, and reading difficulties;
and
‘‘(B) includes research that—

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‘‘(i) employs systematic, empirical methods that
draw on observation or experiment;
‘‘(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the
general conclusions drawn;
‘‘(iii) relies on measurements or observational
methods that provide valid data across evaluators and
observers and across multiple measurements and
observations; and
‘‘(iv) has been accepted by a peer-reviewed journal
or approved by a panel of independent experts through
a comparably rigorous, objective, and scientific review.
‘‘(7) SCREENING, DIAGNOSTIC, AND CLASSROOM-BASED
INSTRUCTIONAL READING ASSESSMENTS.—
‘‘(A) IN GENERAL.—The term ‘screening, diagnostic, and
classroom-based
instructional
reading
assessments’
means—
‘‘(i) screening reading assessments;
‘‘(ii) diagnostic reading assessments; and
‘‘(iii) classroom-based instructional reading assessments.
‘‘(B) SCREENING READING ASSESSMENT.—The term
‘screening reading assessment’ means an assessment that
is—
‘‘(i) valid, reliable, and based on scientifically based
reading research; and
‘‘(ii) a brief procedure designed as a first step in
identifying children who may be at high risk for
delayed development or academic failure and in need
of further diagnosis of their need for special services
or additional reading instruction.
‘‘(C) DIAGNOSTIC READING ASSESSMENT.—The term
‘diagnostic reading assessment’ means an assessment that
is—
‘‘(i) valid, reliable, and based on scientifically based
reading research; and
‘‘(ii) used for the purpose of—
‘‘(I) identifying a child’s specific areas of
strengths and weaknesses so that the child has
learned to read by the end of grade 3;
‘‘(II) determining any difficulties that a child
may have in learning to read and the potential
cause of such difficulties; and
‘‘(III) helping to determine possible reading
intervention strategies and related special needs.
‘‘(D) CLASSROOM-BASED INSTRUCTIONAL READING
ASSESSMENT.—The term ‘classroom-based instructional
reading assessment’ means an assessment that—
‘‘(i) evaluates children’s learning based on systematic observations by teachers of children performing
academic tasks that are part of their daily classroom
experience; and
‘‘(ii) is used to improve instruction in reading,
including classroom instruction.

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‘‘Subpart 2—Early Reading First
20 USC 6371.

‘‘SEC. 1221. PURPOSES; DEFINITIONS.

‘‘(a) PURPOSES.—The purposes of this subpart are as follows:
‘‘(1) To support local efforts to enhance the early language,
literacy, and prereading development of preschool age children,
particularly those from low-income families, through strategies
and professional development that are based on scientifically
based reading research.
‘‘(2) To provide preschool age children with cognitive
learning opportunities in high-quality language and literaturerich environments, so that the children can attain the fundamental knowledge and skills necessary for optimal reading
development in kindergarten and beyond.
‘‘(3) To demonstrate language and literacy activities based
on scientifically based reading research that supports the ageappropriate development of—
‘‘(A) recognition, leading to automatic recognition, of
letters of the alphabet;
‘‘(B) knowledge of letter sounds, the blending of sounds,
and the use of increasingly complex vocabulary;
‘‘(C) an understanding that written language is composed of phonemes and letters each representing one or
more speech sounds that in combination make up syllables,
words, and sentences;
‘‘(D) spoken language, including vocabulary and oral
comprehension abilities; and
‘‘(E) knowledge of the purposes and conventions of
print.
‘‘(4) To use screening assessments to effectively identify
preschool age children who may be at risk for reading failure.
‘‘(5) To integrate such scientific reading research-based
instructional materials and literacy activities with existing programs of preschools, child care agencies and programs, Head
Start centers, and family literacy services.
‘‘(b) DEFINITIONS.—For purposes of this subpart:
‘‘(1) ELIGIBLE APPLICANT.—The term ‘eligible applicant’
means—
‘‘(A) one or more local educational agencies that are
eligible to receive a subgrant under subpart 1;
‘‘(B) one or more public or private organizations or
agencies, acting on behalf of one or more programs that
serve preschool age children (such as a program at a Head
Start center, a child care program, or a family literacy
program), which organizations or agencies shall be located
in a community served by a local educational agency
described in subparagraph (A); or
‘‘(C) one or more local educational agencies described
in subparagraph (A) in collaboration with one or more
organizations or agencies described in subparagraph (B).
‘‘(2) SCIENTIFICALLY BASED READING RESEARCH.—The term
‘scientifically based reading research’ has the same meaning
given to that term in section 1208.
‘‘(3) SCREENING READING ASSESSMENT.—The term ‘screening
reading assessment’ has the same meaning given to that term
in section 1208.

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‘‘SEC. 1222. LOCAL EARLY READING FIRST GRANTS.

20 USC 6372.

‘‘(a) PROGRAM AUTHORIZED.—From amounts appropriated under
section 1002(b)(2), the Secretary shall award grants, on a competitive basis, for periods of not more than 6 years, to eligible applicants
to enable the eligible applicants to carry out the authorized activities described in subsection (d).
‘‘(b) APPLICATIONS.—An eligible applicant that desires to receive
a grant under this section shall submit an application to the Secretary, which shall include a description of—
‘‘(1) the programs to be served by the proposed project,
including demographic and socioeconomic information on the
preschool age children enrolled in the programs;
‘‘(2) how the proposed project will enhance the school readiness of preschool age children in high-quality oral language
and literature-rich environments;
‘‘(3) how the proposed project will prepare and provide
ongoing assistance to staff in the programs, through professional development and other support, to provide high-quality
language, literacy, and prereading activities using scientifically
based reading research, for preschool age children;
‘‘(4) how the proposed project will provide services and
use instructional materials that are based on scientifically
based reading research on early language acquisition,
prereading activities, and the development of spoken vocabulary
skills;
‘‘(5) how the proposed project will help staff in the programs
to meet more effectively the diverse needs of preschool age
children in the community, including such children with limited
English proficiency, disabilities, or other special needs;
‘‘(6) how the proposed project will integrate such instructional materials and literacy activities with existing preschool
programs and family literacy services;
‘‘(7) how the proposed project will help children, particularly
children experiencing difficulty with spoken language,
prereading, and early reading skills, to make the transition
from preschool to formal classroom instruction in school;
‘‘(8) if the eligible applicant has received a subgrant under
subpart 1, how the activities conducted under this subpart
will be coordinated with the eligible applicant’s activities under
subpart 1 at the kindergarten through grade 3 level;
‘‘(9) how the proposed project will evaluate the success
of the activities supported under this subpart in enhancing
the early language, literacy, and prereading development of
preschool age children served by the project; and
‘‘(10) such other information as the Secretary may require.
‘‘(c) APPROVAL OF LOCAL APPLICATIONS.—The Secretary shall
select applicants for funding under this subpart based on the quality
of the applications and the recommendations of a peer review panel
convened under section 1203(c)(2), that includes, at a minimum,
three individuals, selected from the entities described in clauses
(ii), (iii), and (iv) of section 1203(c)(2)(A), who are experts in early
reading development and early childhood development.
‘‘(d) AUTHORIZED ACTIVITIES.—An eligible applicant that
receives a grant under this subpart shall use the funds provided
under the grant to carry out the following activities:

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‘‘(1) Providing preschool age children with high-quality oral
language and literature-rich environments in which to acquire
language and prereading skills.
‘‘(2) Providing professional development that is based on
scientifically based reading research knowledge of early language and reading development for the staff of the eligible
applicant and that will assist in developing the preschool age
children’s—
‘‘(A) recognition, leading to automatic recognition, of
letters of the alphabet, knowledge of letters, sounds,
blending of letter sounds, and increasingly complex vocabulary;
‘‘(B) understanding that written language is composed
of phonemes and letters each representing one or more
speech sounds that in combination make up syllables,
words, and sentences;
‘‘(C) spoken language, including vocabulary and oral
comprehension abilities; and
‘‘(D) knowledge of the purposes and conventions of
print.
‘‘(3) Identifying and providing activities and instructional
materials that are based on scientifically based reading
research for use in developing the skills and abilities described
in paragraph (2).
‘‘(4) Acquiring, providing training for, and implementing
screening reading assessments or other appropriate measures
that are based on scientifically based reading research to determine whether preschool age children are developing the skills
described in this subsection.
‘‘(5) Integrating such instructional materials, activities,
tools, and measures into the programs offered by the eligible
applicant.
‘‘(e) AWARD AMOUNTS.—The Secretary may establish a maximum award amount, or ranges of award amounts, for grants under
this subpart.
20 USC 6373.

‘‘SEC. 1223. FEDERAL ADMINISTRATION.

‘‘The Secretary shall consult with the Secretary of Health and
Human Services to coordinate the activities under this subpart
with preschool age programs administered by the Department of
Health and Human Services.
20 USC 6374.

‘‘SEC. 1224. INFORMATION DISSEMINATION.

‘‘From the funds the National Institute for Literacy receives
under section 1202(b)(1)(D), the National Institute for Literacy,
in consultation with the Secretary, shall disseminate information
regarding projects assisted under this subpart that have proven
effective.
20 USC 6375.

‘‘SEC. 1225. REPORTING REQUIREMENTS.

‘‘Each eligible applicant receiving a grant under this subpart
shall report annually to the Secretary regarding the eligible
applicant’s progress in addressing the purposes of this subpart.
Such report shall include, at a minimum, a description of—
‘‘(1) the research-based instruction, materials, and activities
being used in the programs funded under the grant;
‘‘(2) the types of programs funded under the grant and
the ages of children served by such programs;

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‘‘(3) the qualifications of the program staff who provide
early literacy instruction under such programs and the type
of ongoing professional development provided to such staff;
and
‘‘(4) the results of the evaluation described in section
1222(b)(9).
‘‘SEC. 1226. EVALUATION.

20 USC 6376.

‘‘(a) IN GENERAL.—From the total amount made available under
section 1002(b)(2) for the period beginning October 1, 2002, and
ending September 30, 2006, the Secretary shall reserve not more
than $3,000,000 to conduct an independent evaluation of the
effectiveness of this subpart.
‘‘(b) REPORTS.—
‘‘(1) INTERIM REPORT.—Not later than October 1, 2004,
the Secretary shall submit an interim report to the Committee
on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate.
‘‘(2) FINAL REPORT.—Not later than September 30, 2006,
the Secretary shall submit a final report to the committees
described in paragraph (1).
‘‘(c) CONTENTS.—The reports submitted under subsection (b)
shall include information on the following:
‘‘(1) How the grant recipients under this subpart are
improving the prereading skills of preschool children.
‘‘(2) The effectiveness of the professional development program assisted under this subpart.
‘‘(3) How early childhood teachers are being prepared with
scientifically based reading research on early reading development.
‘‘(4) What activities and instructional practices are most
effective.
‘‘(5) How prereading instructional materials and literacy
activities based on scientifically based reading research are
being integrated into preschools, child care agencies and programs, programs carried out under the Head Start Act, and
family literacy programs.
‘‘(6) Any recommendations on strengthening or modifying
this subpart.

Effective date.
Termination
date.

Deadlines.

‘‘Subpart 3—William F. Goodling Even Start
Family Literacy Programs
‘‘SEC. 1231. STATEMENT OF PURPOSE.

20 USC 6381.

‘‘It is the purpose of this subpart to help break the cycle
of poverty and illiteracy by—
‘‘(1) improving the educational opportunities of the Nation’s
low-income families by integrating early childhood education,
adult literacy or adult basic education, and parenting education
into a unified family literacy program, to be referred to as
‘Even Start’; and
‘‘(2) establishing a program that shall—
‘‘(A) be implemented through cooperative projects that
build on high-quality existing community resources to
create a new range of services;

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‘‘(B) promote the academic achievement of children
and adults;
‘‘(C) assist children and adults from low-income families to achieve to challenging State content standards and
challenging State student achievement standards; and
‘‘(D) use instructional programs based on scientifically
based reading research and addressing the prevention of
reading difficulties for children and adults, to the extent
such research is available.

20 USC 6381a.

‘‘SEC. 1232. PROGRAM AUTHORIZED.

‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLYING AREAS,
AND INDIAN TRIBES.—
‘‘(1) IN GENERAL.—For each fiscal year, the Secretary shall
reserve 5 percent of the amount appropriated under section
1002(b)(3) (or, if such appropriated amount exceeds
$200,000,000, 6 percent of such amount) for programs, under
such terms and conditions as the Secretary shall establish,
that are consistent with the purpose of this subpart, and
according to their relative needs, for—
‘‘(A) children of migratory workers;
‘‘(B) the outlying areas; and
‘‘(C) Indian tribes and tribal organizations.
‘‘(2) SPECIAL RULE.—After December 21, 2000, the Secretary
shall award a grant, on a competitive basis, of sufficient size
and for a period of sufficient duration to demonstrate the
effectiveness of a family literacy program in a prison that
houses women and their preschool age children and that has
the capability of developing a program of high quality.
‘‘(3) COORDINATION OF PROGRAMS FOR AMERICAN INDIANS.—
The Secretary shall ensure that programs under paragraph
(1)(C) are coordinated with family literacy programs operated
by the Bureau of Indian Affairs in order to avoid duplication
and to encourage the dissemination of information on highquality family literacy programs serving American Indians.
‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—
‘‘(1) EVALUATION, TECHNICAL ASSISTANCE, PROGRAM
IMPROVEMENT, AND REPLICATION ACTIVITIES.—Subject to paragraph (2), from amounts appropriated under section 1002(b)(3),
the Secretary may reserve not more than 3 percent of such
amounts for purposes of—
‘‘(A) carrying out the evaluation required by section
1239; and
‘‘(B) providing, through grants or contracts with eligible
organizations, technical assistance, program improvement,
and replication activities.
‘‘(2) RESEARCH.—In any fiscal year, if the amount appropriated under section 1002(b)(3) for such year—
‘‘(A) is equal to or less than the amount appropriated
for the preceding fiscal year, the Secretary may reserve
from such amount only the amount necessary to continue
multi-year activities carried out pursuant to section 1241(b)
that began during or prior to the fiscal year preceding
the fiscal year for which the determination is made; or
‘‘(B) exceeds the amount appropriated for the preceding
fiscal year, then the Secretary shall reserve from such

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excess amount $2,000,000 or 50 percent, whichever is less,
to carry out section 1241(b).
‘‘(c) RESERVATION FOR GRANTS.—
‘‘(1) GRANTS AUTHORIZED.—
‘‘(A) IN GENERAL.—For any fiscal year for which at
least one State educational agency applies and submits
an application that meets the requirements and goals of
this subsection and for which the amount appropriated
under section 1002(b)(3) exceeds the amount appropriated
under that section for the preceding fiscal year, the Secretary shall reserve, from the amount of the excess
remaining after the application of subsection (b)(2), the
amount of the remainder or $1,000,000, whichever is less,
to award grants, on a competitive basis, to State educational agencies to enable them to plan and implement
statewide family literacy initiatives to coordinate and,
where appropriate, integrate existing Federal, State, and
local literacy resources consistent with the purposes of
this subpart.
‘‘(B) COORDINATION AND INTEGRATION.—The coordination and integration described in subparagraph (A) shall
include coordination and integration of funds available
under the Adult Education and Family Literacy Act, the
Head Start Act, this subpart, part A of this title, and
part A of title IV of the Social Security Act.
‘‘(C) RESTRICTION.—No State educational agency may
receive more than one grant under this subsection.
‘‘(2) CONSORTIA.—
‘‘(A) ESTABLISHMENT.—To receive a grant under this
subsection, a State educational agency shall establish a
consortium of State-level programs under the following
provisions of laws:
‘‘(i) This title (other than part D).
‘‘(ii) The Head Start Act.
‘‘(iii) The Adult Education and Family Literacy
Act.
‘‘(iv) All other State-funded preschool programs
and programs providing literacy services to adults.
‘‘(B) PLAN.—To receive a grant under this subsection,
the consortium established by a State educational agency
shall create a plan to use a portion of the State educational
agency’s resources, derived from the programs referred to
in subparagraph (A), to strengthen and expand family literacy services in the State.
‘‘(C) COORDINATION WITH SUBPART 1.—The consortium
shall coordinate its activities under this paragraph with
the activities of the reading and literacy partnership for
the State educational agency established under section
1203(d), if the State educational agency receives a grant
under section 1202.
‘‘(3) READING INSTRUCTION.—Statewide family literacy initiatives implemented under this subsection shall base reading
instruction on scientifically based reading research.
‘‘(4) TECHNICAL ASSISTANCE.—The Secretary shall provide,
directly or through a grant or contract with an organization
with experience in the development and operation of successful

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family literacy services, technical assistance to State educational agencies receiving a grant under this subsection.
‘‘(5) MATCHING REQUIREMENT.—The Secretary shall not
make a grant to a State educational agency under this subsection unless the State educational agency agrees that, with
respect to the costs to be incurred by the eligible consortium
in carrying out the activities for which the grant was awarded,
the State educational agency will make available non-Federal
contributions in an amount equal to not less than the Federal
funds provided under the grant.
‘‘(d) STATE EDUCATIONAL AGENCY ALLOCATION.—
‘‘(1) IN GENERAL.—From amounts appropriated under section 1002(b)(3) and not reserved under subsection (a), (b), or
(c), the Secretary shall make grants to State educational agencies from allocations under paragraph (2).
‘‘(2) ALLOCATIONS.—Except as provided in paragraph (3),
from the total amount available under paragraph (1) for allocation to State educational agencies in any fiscal year, each
State educational agency shall be eligible to receive a grant
under paragraph (1) in an amount that bears the same ratio
to the total amount as the amount allocated under part A
to that State educational agency bears to the total amount
allocated under that part to all State educational agencies.
‘‘(3) MINIMUM.—No State educational agency shall receive
a grant under paragraph (1) in any fiscal year in an amount
that is less than $250,000, or one-half of 1 percent of the
amount appropriated under section 1002(b)(3) and not reserved
under subsections (a), (b), and (c) for such year, whichever
is greater.
‘‘(e) DEFINITIONS.—For the purpose of this subpart—
‘‘(1) the term ‘eligible entity’ means a partnership composed
of—
‘‘(A) a local educational agency; and
‘‘(B) a nonprofit community-based organization, a
public agency other than a local educational agency, an
institution of higher education, or a public or private nonprofit organization other than a local educational agency,
of demonstrated quality;
‘‘(2) the term ‘eligible organization’ means any public or
private nonprofit organization with a record of providing effective services to family literacy providers, such as the National
Center for Family Literacy, Parents as Teachers, Inc., the Home
Instruction Program for Preschool Youngsters, and the Home
and School Institute, Inc.;
‘‘(3) the terms ‘Indian tribe’ and ‘tribal organization’ have
the meanings given those terms in section 4 of the Indian
Self-Determination and Education Assistance Act;
‘‘(4) the term ‘scientifically based reading research’ has
the meaning given that term in section 1208; and
‘‘(5) the term ‘State’ means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.

20 USC 6381b.

‘‘SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS.

‘‘(a) STATE EDUCATIONAL AGENCY LEVEL ACTIVITIES.—Each
State educational agency that receives a grant under section
1232(d)(1) may use not more than a total of 6 percent of the
grant funds for the costs of—

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‘‘(1) administration, which amount shall not exceed half
of the total;
‘‘(2) providing, through one or more subgrants or contracts,
technical assistance for program improvement and replication,
to eligible entities that receive subgrants under subsection (b);
and
‘‘(3) carrying out sections 1240 and 1234(c).
‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—
‘‘(1) IN GENERAL.—Each State educational agency shall use
the grant funds received under section 1232(d)(1) and not
reserved under subsection (a) to award subgrants to eligible
entities to carry out Even Start programs.
‘‘(2) MINIMUM SUBGRANT AMOUNTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), no State educational agency shall award
a subgrant under paragraph (1) in an amount less than
$75,000.
‘‘(B) SUBGRANTEES IN NINTH AND SUCCEEDING YEARS.—
No State educational agency shall award a subgrant under
paragraph (1) in an amount less than $52,500 to an eligible
entity for a fiscal year to carry out an Even Start program
that is receiving assistance under this subpart or its predecessor authority for the ninth (or any subsequent) fiscal
year.
‘‘(C) EXCEPTION FOR SINGLE SUBGRANT.—A State educational agency may award one subgrant in each fiscal
year of sufficient size, scope, and quality to be effective
in an amount less than $75,000 if, after awarding subgrants
under paragraph (1) for that fiscal year in accordance with
subparagraphs (A) and (B), less than $75,000 is available
to the State educational agency to award those subgrants.
‘‘SEC. 1234. USES OF FUNDS.

20 USC 6381c.

‘‘(a) IN GENERAL.—In carrying out an Even Start program
under this subpart, a recipient of funds under this subpart shall
use those funds to pay the Federal share of the cost of providing
intensive family literacy services that involve parents and children,
from birth through age 7, in a cooperative effort to help parents
become full partners in the education of their children and to
assist children in reaching their full potential as learners.
‘‘(b) FEDERAL SHARE LIMITATION.—
‘‘(1) IN GENERAL.—
‘‘(A) FEDERAL SHARE.—Except as provided in paragraph
(2), the Federal share under this subpart may not exceed—
‘‘(i) 90 percent of the total cost of the program
in the first year that the program receives assistance
under this subpart or its predecessor authority;
‘‘(ii) 80 percent in the second year;
‘‘(iii) 70 percent in the third year;
‘‘(iv) 60 percent in the fourth year;
‘‘(v) 50 percent in the fifth, sixth, seventh, and
eighth such years; and
‘‘(vi) 35 percent in any subsequent year.
‘‘(B) REMAINING COST.—The remaining cost of a program assisted under this subpart may be provided in cash
or in kind, fairly evaluated, and may be obtained from
any source, including other Federal funds under this Act.

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‘‘(2) WAIVER.—The State educational agency may waive,
in whole or in part, the Federal share described in paragraph
(1) for an eligible entity if the entity—
‘‘(A) demonstrates that it otherwise would not be able
to participate in the program assisted under this subpart;
and
‘‘(B) negotiates an agreement with the State educational agency with respect to the amount of the remaining
cost to which the waiver will be applicable.
‘‘(3) PROHIBITION.—Federal funds provided under this subpart may not be used for the indirect costs of a program
assisted under this subpart, except that the Secretary may
waive this paragraph if an eligible recipient of funds reserved
under section 1232(a)(1)(C) demonstrates to the Secretary’s
satisfaction that the recipient otherwise would not be able
to participate in the program assisted under this subpart.
‘‘(c) USE OF FUNDS FOR FAMILY LITERACY SERVICES.—
‘‘(1) IN GENERAL.—A State educational agency may use
a portion of funds reserved under section 1233(a), to assist
eligible entities receiving a subgrant under section 1233(b) in
improving the quality of family literacy services provided under
Even Start programs under this subpart, except that in no
case may a State educational agency’s use of funds for this
purpose for a fiscal year result in a decrease from the level
of activities and services provided to program participants in
the preceding year.
‘‘(2) PRIORITY.—In carrying out paragraph (1), a State educational agency shall give priority to programs that were of
low quality, as evaluated based on the indicators of program
quality developed by the State educational agency under section
1240.
‘‘(3) TECHNICAL ASSISTANCE TO HELP LOCAL PROGRAMS RAISE
ADDITIONAL FUNDS.—In carrying out paragraph (1), a State
educational agency may use the funds referred to in that paragraph to provide technical assistance to help local programs
of demonstrated effectiveness to access and leverage additional
funds for the purpose of expanding services and reducing
waiting lists, including requesting and applying for non-Federal
resources.
‘‘(4) TECHNICAL ASSISTANCE AND TRAINING.—Assistance
under paragraph (1) shall be in the form of technical assistance
and training, provided by a State educational agency through
a grant, contract, or cooperative agreement with an entity
that has experience in offering high-quality training and technical assistance to family literacy providers.

20 USC 6381d.

‘‘SEC. 1235. PROGRAM ELEMENTS.

‘‘Each program assisted under this subpart shall—
‘‘(1) include the identification and recruitment of families
most in need of services provided under this subpart, as
indicated by a low level of income, a low level of adult literacy
or English language proficiency of the eligible parent or parents,
and other need-related indicators;
‘‘(2) include screening and preparation of parents, including
teenage parents, and children to enable those parents and

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children to participate fully in the activities and services provided under this subpart, including testing, referral to necessary counselling, other developmental and support services,
and related services;
‘‘(3) be designed to accommodate the participants’ work
schedule and other responsibilities, including the provision of
support services, when those services are unavailable from
other sources, necessary for participation in the activities
assisted under this subpart, such as—
‘‘(A) scheduling and locating of services to allow joint
participation by parents and children;
‘‘(B) child care for the period that parents are involved
in the program provided under this subpart; and
‘‘(C) transportation for the purpose of enabling parents
and their children to participate in programs authorized
by this subpart;
‘‘(4) include high-quality, intensive instructional programs
that promote adult literacy and empower parents to support
the educational growth of their children, developmentally
appropriate early childhood educational services, and preparation of children for success in regular school programs;
‘‘(5) with respect to the qualifications of staff the cost
of whose salaries are paid, in whole or in part, with Federal
funds provided under this subpart, ensure that—
‘‘(A) not later than December 21, 2004—
‘‘(i) a majority of the individuals providing academic instruction—
‘‘(I) shall have obtained an associate’s, bachelor’s, or graduate degree in a field related to
early childhood education, elementary school or
secondary school education, or adult education; and
‘‘(II) if applicable, shall meet qualifications
established by the State for early childhood education, elementary school or secondary school education, or adult education provided as part of an
Even Start program or another family literacy program;
‘‘(ii) the individual responsible for administration
of family literacy services under this subpart has
received training in the operation of a family literacy
program; and
‘‘(iii) paraprofessionals who provide support for
academic instruction have a secondary school diploma
or its recognized equivalent; and
‘‘(B) all new personnel hired to provide academic
instruction—
‘‘(i) have obtained an associate’s, bachelor’s, or
graduate degree in a field related to early childhood
education, elementary school or secondary school education, or adult education; and
‘‘(ii) if applicable, meet qualifications established
by the State for early childhood education, elementary
school or secondary school education, or adult education provided as part of an Even Start program
or another family literacy program;

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‘‘(6) include special training of staff, including child-care
staff, to develop the skills necessary to work with parents
and young children in the full range of instructional services
offered through this subpart;
‘‘(7) provide and monitor integrated instructional services
to participating parents and children through home-based programs;
‘‘(8) operate on a year-round basis, including the provision
of some program services, including instructional and enrichment services, during the summer months;
‘‘(9) be coordinated with—
‘‘(A) other programs assisted under this Act;
‘‘(B) any relevant programs under the Adult Education
and Family Literacy Act, the Individuals with Disabilities
Education Act, and title I of the Workforce Investment
Act of 1998; and
‘‘(C) the Head Start program, volunteer literacy programs, and other relevant programs;
‘‘(10) use instructional programs based on scientifically
based reading research for children and adults, to the extent
that research is available;
‘‘(11) encourage participating families to attend regularly
and to remain in the program a sufficient time to meet their
program goals;
‘‘(12) include reading-readiness activities for preschool children based on scientifically based reading research, to the
extent available, to ensure that children enter school ready
to learn to read;
‘‘(13) if applicable, promote the continuity of family literacy
to ensure that individuals retain and improve their educational
outcomes;
‘‘(14) ensure that the programs will serve those families
most in need of the activities and services provided by this
subpart; and
‘‘(15) provide for an independent evaluation of the program,
to be used for program improvement.

20 USC 6381e.

‘‘SEC. 1236. ELIGIBLE PARTICIPANTS.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), eligible
participants in an Even Start program are—
‘‘(1) a parent or parents—
‘‘(A) who are eligible for participation in adult education and literacy activities under the Adult Education
and Family Literacy Act; or
‘‘(B) who are within the State’s compulsory school
attendance age range, so long as a local educational agency
provides (or ensures the availability of ) the basic education
component required under this subpart, or who are
attending secondary school; and
‘‘(2) the child or children, from birth through age 7, of
any individual described in paragraph (1).
‘‘(b) ELIGIBILITY FOR CERTAIN OTHER PARTICIPANTS.—
‘‘(1) IN GENERAL.—Family members of eligible participants
described in subsection (a) may participate in activities and
services provided under this subpart, when appropriate to serve
the purpose of this subpart.

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‘‘(2) SPECIAL RULE.—Any family participating in a program
assisted under this subpart that becomes ineligible to participate as a result of one or more members of the family becoming
ineligible to participate may continue to participate in the
program until all members of the family become ineligible
to participate, which—
‘‘(A) in the case of a family in which ineligibility was
due to the child or children of the family attaining the
age of 8, shall be in 2 years or when the parent or parents
become ineligible due to educational advancement, whichever occurs first; and
‘‘(B) in the case of a family in which ineligibility was
due to the educational advancement of the parent or parents of the family, shall be when all children in the family
attain the age of 8.
‘‘(3) CHILDREN 8 YEARS OF AGE OR OLDER.—If an Even
Start program assisted under this subpart collaborates with
a program under part A, and funds received under the part
A program contribute to paying the cost of providing programs
under this subpart to children 8 years of age or older, the
Even Start program may, notwithstanding subsection (a)(2),
permit the participation of children 8 years of age or older
if the focus of the program continues to remain on families
with young children.
‘‘SEC. 1237. APPLICATIONS.

20 USC 6381f.

‘‘(a) SUBMISSION.—To be eligible to receive a subgrant under
this subpart, an eligible entity shall submit an application to the
State educational agency in such form and containing or accompanied by such information as the State educational agency shall
require.
‘‘(b) REQUIRED DOCUMENTATION.—Each application shall
include documentation, satisfactory to the State educational agency,
that the eligible entity has the qualified personnel needed—
‘‘(1) to develop, administer, and implement an Even Start
program under this subpart; and
‘‘(2) to provide access to the special training necessary
to prepare staff for the program, which may be offered by
an eligible organization.
‘‘(c) PLAN.—
‘‘(1) IN GENERAL.—The application shall also include a plan
of operation and continuous improvement for the program, that
includes—
‘‘(A) a description of the program objectives, strategies
to meet those objectives, and how those strategies and
objectives are consistent with the program indicators established by the State;
‘‘(B) a description of the activities and services that
will be provided under the program, including a description
of how the program will incorporate the program elements
required by section 1235;
‘‘(C) a description of the population to be served and
an estimate of the number of participants to be served;
‘‘(D) as appropriate, a description of the applicant’s
collaborative efforts with institutions of higher education,
community-based organizations, the State educational
agency, private elementary schools, or other eligible

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organizations in carrying out the program for which assistance is sought;
‘‘(E) a statement of the methods that will be used—
‘‘(i) to ensure that the programs will serve families
most in need of the activities and services provided
by this subpart;
‘‘(ii) to provide services under this subpart to
individuals with special needs, such as individuals with
limited English proficiency and individuals with
disabilities; and
‘‘(iii) to encourage participants to remain in the
program for a time sufficient to meet the program’s
purpose;
‘‘(F) a description of how the plan is integrated with
other programs under this Act or other Acts, as appropriate;
and
‘‘(G) a description of how the plan provides for rigorous
and objective evaluation of progress toward the program
objectives described in subparagraph (A) and for continuing
use of evaluation data for program improvement.
‘‘(2) DURATION OF THE PLAN.—Each plan submitted under
paragraph (1) shall—
‘‘(A) remain in effect for the duration of the eligible
entity’s participation under this subpart; and
‘‘(B) be periodically reviewed and revised by the eligible
entity as necessary.
‘‘(d) CONSOLIDATED APPLICATION.—The plan described in subsection (c)(1) may be submitted as part of a consolidated application
under section 9305.
20 USC 6381g.

‘‘SEC. 1238. AWARD OF SUBGRANTS.

‘‘(a) SELECTION PROCESS.—
‘‘(1) IN GENERAL.—The State educational agency shall
establish a review panel in accordance with paragraph (3) that
will approve applications that—
‘‘(A) are most likely to be successful in—
‘‘(i) meeting the purpose of this subpart; and
‘‘(ii) effectively implementing the program elements required under section 1235;
‘‘(B) demonstrate that the area to be served by the
program has a high percentage or a large number of children and families who are in need of those services as
indicated by high levels of poverty, illiteracy, unemployment, limited English proficiency, or other need-related
indicators, such as a high percentage of children to be
served by the program who reside in a school attendance
area served by a local educational agency eligible for
participation in programs under part A, a high number
or percentage of parents who have been victims of domestic
violence, or a high number or percentage of parents who
are receiving assistance under a State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.);
‘‘(C) provide services for at least a 3-year age range,
which may begin at birth;

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‘‘(D) demonstrate the greatest possible cooperation and
coordination between a variety of relevant service providers
in all phases of the program;
‘‘(E) include cost-effective budgets, given the scope of
the application;
‘‘(F) demonstrate the applicant’s ability to provide the
non-Federal share required by section 1234(b);
‘‘(G) are representative of urban and rural regions of
the State; and
‘‘(H) show the greatest promise for providing models
that may be adopted by other family literacy projects and
other local educational agencies.
‘‘(2) PRIORITY FOR SUBGRANTS.—The State educational
agency shall give priority for subgrants under this subsection
to applications that—
‘‘(A) target services primarily to families described in
paragraph (1)(B); or
‘‘(B) are located in areas designated as empowerment
zones or enterprise communities.
‘‘(3) REVIEW PANEL.—A review panel shall consist of at
least three members, including one early childhood professional,
one adult education professional, and one individual with expertise in family literacy programs, and may include other individuals, such as one or more of the following:
‘‘(A) A representative of a parent-child education
organization.
‘‘(B) A representative of a community-based literacy
organization.
‘‘(C) A member of a local board of education.
‘‘(D) A representative of business and industry with
a commitment to education.
‘‘(E) An individual who has been involved in the
implementation of programs under this title in the State.
‘‘(b) DURATION.—
‘‘(1) IN GENERAL.—Subgrants under this subpart may be
awarded for a period not to exceed 4 years.
‘‘(2) STARTUP PERIOD.—The State educational agency may
provide subgrant funds to an eligible recipient, at the recipient’s
request, for a 3- to 6-month start-up period during the first
year of the 4-year grant period, which may include staff recruitment and training, and the coordination of services, before
requiring full implementation of the program.
‘‘(3) CONTINUING ELIGIBILITY.—In awarding subgrant funds
to continue a program under this subpart after the first year,
the State educational agency shall review the progress of each
eligible entity in meeting the objectives of the program referred
to in section 1237(c)(1)(A) and shall evaluate the program based
on the indicators of program quality developed by the State
under section 1240.
‘‘(4) INSUFFICIENT PROGRESS.—The State educational
agency may refuse to award subgrant funds to an eligible
entity if the agency finds that the eligible entity has not sufficiently improved the performance of the program, as evaluated
based on the indicators of program quality developed by the
State under section 1240, after—
‘‘(A) providing technical assistance to the eligible
entity; and

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‘‘(B) affording the eligible entity notice and an opportunity for a hearing.
‘‘(5) GRANT RENEWAL.—(A) An eligible entity that has previously received a subgrant under this subpart may reapply
under this subpart for additional subgrants.
‘‘(B) The Federal share of any subgrant renewed under
subparagraph (A) shall be limited in accordance with section
1234(b).

20 USC 6381h.

‘‘SEC. 1239. EVALUATION.

‘‘From funds reserved under section 1232(b)(1), the Secretary
shall provide for an independent evaluation of programs assisted
under this subpart—
‘‘(1) to determine the performance and effectiveness of programs assisted under this subpart;
‘‘(2) to identify effective Even Start programs assisted under
this subpart that can be duplicated and used in providing
technical assistance to Federal, State, and local programs; and
‘‘(3) to provide State educational agencies and eligible entities receiving a subgrant under this subpart, directly or through
a grant or contract with an organization with experience in
the development and operation of successful family literacy
services, technical assistance to ensure that local evaluations
undertaken under section 1235(15) provide accurate information on the effectiveness of programs assisted under this subpart.
20 USC 6381i.

‘‘SEC. 1240. INDICATORS OF PROGRAM QUALITY.

‘‘Each State educational agency receiving funds under this subpart shall develop, based on the best available research and evaluation data, indicators of program quality for programs assisted under
this subpart. The indicators shall be used to monitor, evaluate,
and improve those programs within the State. The indicators shall
include the following:
‘‘(1) With respect to eligible participants in a program
who are adults—
‘‘(A) achievement in the areas of reading, writing,
English-language acquisition, problem solving, and
numeracy;
‘‘(B) receipt of a secondary school diploma or a general
equivalency diploma (GED);
‘‘(C) entry into a postsecondary school, job retraining
program, or employment or career advancement, including
the military; and
‘‘(D) such other indicators as the State may develop.
‘‘(2) With respect to eligible participants in a program
who are children—
‘‘(A) improvement in ability to read on grade level
or reading readiness;
‘‘(B) school attendance;
‘‘(C) grade retention and promotion; and
‘‘(D) such other indicators as the State may develop.
20 USC 6381j.

‘‘SEC. 1241. RESEARCH.

‘‘(a) IN GENERAL.—The Secretary shall carry out, through grant
or contract, research into the components of successful family literacy services, in order to—

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‘‘(1) improve the quality of existing programs assisted under
this subpart or other family literacy programs carried out under
this Act or the Adult Education and Family Literacy Act; and
‘‘(2) develop models for new programs to be carried out
under this Act or the Adult Education and Family Literacy
Act.
‘‘(b) SCIENTIFICALLY BASED RESEARCH ON FAMILY LITERACY.—
‘‘(1) IN GENERAL.—From amounts reserved under section
1232(b)(2), the National Institute for Literacy, in consultation
with the Secretary, shall carry out research that—
‘‘(A) is scientifically based reading research; and
‘‘(B) determines—
‘‘(i) the most effective ways of improving the literacy skills of adults with reading difficulties; and
‘‘(ii) how family literacy services can best provide
parents with the knowledge and skills the parents
need to support their children’s literacy development.
‘‘(2) USE OF EXPERT ENTITY.—The National Institute for
Literacy, in consultation with the Secretary, shall carry out
the research under paragraph (1) through an entity, including
a Federal agency, that has expertise in carrying out longitudinal
studies of the development of literacy skills in children and
has developed effective interventions to help children with
reading difficulties.
‘‘(c) DISSEMINATION.—The National Institute for Literacy shall
disseminate, pursuant to section 1207, the results of the research
described in subsections (a) and (b) to State educational agencies
and recipients of subgrants under this subpart.
‘‘SEC. 1242. CONSTRUCTION.

20 USC 6381k.

‘‘Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving students participating in Even Start simultaneously with students with similar
educational needs, in the same educational settings where appropriate.

‘‘Subpart 4—Improving Literacy Through School
Libraries
‘‘SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.

20 USC 6383.

‘‘(a) PURPOSES.—The purpose of this subpart is to improve
literacy skills and academic achievement of students by providing
students with increased access to up-to-date school library materials, a well-equipped, technologically advanced school library media
center, and well-trained, professionally certified school library
media specialists.
‘‘(b) RESERVATION.—From the funds appropriated under section
1002(b)(4) for a fiscal year, the Secretary shall reserve—
‘‘(1) one-half of 1 percent to award assistance under this
section to the Bureau of Indian Affairs to carry out activities
consistent with the purpose of this subpart; and
‘‘(2) one-half of 1 percent to award assistance under this
section to the outlying areas according to their respective needs
for assistance under this subpart.
‘‘(c) GRANTS.—
‘‘(1) COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL
AGENCIES.—If the amount of funds appropriated under section

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PUBLIC LAW 107–110—JAN. 8, 2002
1002(b)(4) for a fiscal year is less than $100,000,000, then
the Secretary shall award grants, on a competitive basis, to
eligible local educational agencies under subsection (e).
‘‘(2) FORMULA GRANTS TO STATES.—If the amount of funds
appropriated under section 1002(b)(4) for a fiscal year equals
or exceeds $100,000,000, then the Secretary shall award grants
to State educational agencies from allotments under subsection
(d).
‘‘(3) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL AGENCY.—
In this section the term ‘eligible local educational agency’
means—
‘‘(A) in the case of a local educational agency receiving
assistance made available under paragraph (1), a local
educational agency in which 20 percent of the students
served by the local educational agency are from families
with incomes below the poverty line; and
‘‘(B) in the case of a local educational agency receiving
assistance from State allocations made available under
paragraph (2), a local educational agency in which—
‘‘(i) 15 percent of the students who are served
by the local educational agency are from such families;
or
‘‘(ii) the percentage of students from such families
who are served by the local educational agency is
greater than the statewide percentage of children from
such families.
‘‘(d) STATE GRANTS.—
‘‘(1) ALLOTMENTS.—From funds made available under subsection (c)(2) and not reserved under subsections (b) and (j)
for a fiscal year, the Secretary shall allot to each State educational agency having an application approved under subsection (f)(1) an amount that bears the same relation to the
funds as the amount the State educational agency received
under part A for the preceding fiscal year bears to the amount
all such State educational agencies received under part A for
the preceding fiscal year, to increase literacy and reading skills
by improving school libraries.
‘‘(2) COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL
AGENCIES.—Each State educational agency receiving an allotment under paragraph (1) for a fiscal year—
‘‘(A) may reserve not more than 3 percent of the allotted
funds to provide technical assistance, disseminate information about school library media programs that are effective
and based on scientifically based research, and pay
administrative costs related to activities under this section;
and
‘‘(B) shall use the allotted funds that remain after
making the reservation under subparagraph (A) to award
grants, for a period of 1 year, on a competitive basis,
to eligible local educational agencies in the State that have
an application approved under subsection (f)(2) for activities
described in subsection (g).
‘‘(3) REALLOTMENT.—If a State educational agency does
not apply for an allotment under this section for any fiscal
year, or if the State educational agency’s application is not
approved, the Secretary shall reallot the amount of the State

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educational agency’s allotment to the remaining State educational agencies in accordance with paragraph (1).
‘‘(e) DIRECT COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) IN GENERAL.—From amounts made available under
subsection (c)(1) and not reserved under subsections (b) and
(j) for a fiscal year, the Secretary shall award grants, on a
competitive basis, to eligible local educational agencies that
have applications approved under subsection (f)(2) for activities
described in subsection (g).
‘‘(2) DURATION.—The Secretary shall award grants under
this subsection for a period of 1 year.
‘‘(3) DISTRIBUTION.—The Secretary shall ensure that grants
under this subsection are equitably distributed among the different geographic regions of the United States, and among
local educational agencies serving urban and rural areas.
‘‘(f) APPLICATIONS.—
‘‘(1) STATE EDUCATIONAL AGENCY.—Each State educational
agency desiring assistance under this section shall submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary shall require.
The application shall contain a description of—
‘‘(A) how the State educational agency will assist
eligible local educational agencies in meeting the requirements of this section and in using scientifically based
research to implement effective school library media programs; and
‘‘(B) the standards and techniques the State educational agency will use to evaluate the quality and impact
of activities carried out under this section by eligible local
educational agencies to determine the need for technical
assistance and whether to continue to provide additional
funding to the agencies under this section.
‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—Each eligible
local educational agency desiring assistance under this section
shall submit to the Secretary or State educational agency,
as appropriate, an application at such time, in such manner,
and containing such information as the Secretary or State
educational agency, respectively, shall require. The application
shall contain a description of—
‘‘(A) a needs assessment relating to the need for school
library media improvement, based on the age and condition
of school library media resources, including book collections,
access of school library media centers to advanced technology, and the availability of well-trained, professionally
certified school library media specialists, in schools served
by the eligible local educational agency;
‘‘(B) the manner in which the eligible local educational
agency will use the funds made available through the grant
to carry out the activities described in subsection (g);
‘‘(C) how the eligible local educational agency will
extensively involve school library media specialists,
teachers, administrators, and parents in the activities
assisted under this section, and the manner in which the
eligible local educational agency will carry out the activities
described in subsection (g) using programs and materials
that are grounded in scientifically based research;

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‘‘(D) the manner in which the eligible local educational
agency will effectively coordinate the funds and activities
provided under this section with Federal, State, and local
funds and activities under this subpart and other literacy,
library, technology, and professional development funds
and activities; and
‘‘(E) the manner in which the eligible local educational
agency will collect and analyze data on the quality and
impact of activities carried out under this section by schools
served by the eligible local educational agency.
‘‘(g) LOCAL ACTIVITIES.—Funds under this section may be used

to—
‘‘(1) acquire up-to-date school library media resources,
including books;
‘‘(2) acquire and use advanced technology, incorporated into
the curricula of the school, to develop and enhance the information literacy, information retrieval, and critical thinking skills
of students;
‘‘(3) facilitate Internet links and other resource-sharing
networks among schools and school library media centers, and
public and academic libraries, where possible;
‘‘(4) provide professional development described in section
1222(d)(2) for school library media specialists, and activities
that foster increased collaboration between school library media
specialists, teachers, and administrators; and
‘‘(5) provide students with access to school libraries during
nonschool hours, including the hours before and after school,
during weekends, and during summer vacation periods.
‘‘(h) ACCOUNTABILITY AND REPORTING.—
‘‘(1) LOCAL REPORTS.—Each eligible local educational
agency that receives funds under this section for a fiscal year
shall report to the Secretary or State educational agency, as
appropriate, on how the funding was used and the extent
to which the availability of, the access to, and the use of,
up-to-date school library media resources in the elementary
schools and secondary schools served by the eligible local educational agency was increased.
‘‘(2) STATE REPORT.—Each State educational agency that
receives funds under this section shall compile the reports
received under paragraph (1) and submit the compiled reports
to the Secretary.
‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds made available under
this section shall be used to supplement, and not supplant, other
Federal, State, and local funds expended to carry out activities
relating to library, technology, or professional development activities.
‘‘(j) NATIONAL ACTIVITIES.—
‘‘(1) EVALUATIONS.—From the funds appropriated under
section 1002(b)(4) for each fiscal year, the Secretary shall
reserve not more than 1 percent for annual, independent,
national evaluations of the activities assisted under this section
and their impact on improving the reading skills of students.
The evaluations shall be conducted not later than 3 years
after the date of enactment of the No Child Left Behind Act
of 2001, and biennially thereafter.
‘‘(2) REPORT TO CONGRESS.—The Secretary shall transmit
the State reports received under subsection (h)(2) and the

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evaluations conducted under paragraph (1) 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.

‘‘PART C—EDUCATION OF MIGRATORY
CHILDREN
‘‘SEC. 1301. PROGRAM PURPOSE.

20 USC 6391.

‘‘It is the purpose of this part to assist States to—
‘‘(1) support high-quality and comprehensive educational
programs for migratory children to help reduce the educational
disruptions and other problems that result from repeated
moves;
‘‘(2) 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 State
academic content and student academic achievement standards;
‘‘(3) ensure that migratory children are provided with
appropriate educational services (including supportive services)
that address their special needs in a coordinated and efficient
manner;
‘‘(4) ensure that migratory children receive full and appropriate opportunities to meet the same challenging State academic content and student academic achievement standards
that all children are expected to meet;
‘‘(5) design programs 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 do well in school,
and to prepare such children to make a successful transition
to postsecondary education or employment; and
‘‘(6) ensure that migratory children benefit from State and
local systemic reforms.
‘‘SEC. 1302. PROGRAM AUTHORIZED.

20 USC 6392.

‘‘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.
‘‘SEC. 1303. STATE ALLOCATIONS.

20 USC 6393.

‘‘(a) STATE ALLOCATIONS.—
‘‘(1) FISCAL YEAR 2002.—For fiscal year 2002, each State
(other than the Commonwealth of Puerto Rico) is entitled to
receive under this part an amount equal to—
‘‘(A) the sum of the estimated number of migratory
children aged 3 through 21 who reside in the State full
time and the full-time equivalent of the estimated number
of migratory children aged 3 through 21 who reside in
the State part time, as determined in accordance with
subsection (e); multiplied by
‘‘(B) 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

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than 48 percent, of the average per-pupil expenditure in
the United States.
‘‘(2) SUBSEQUENT YEARS.—
‘‘(A) BASE AMOUNT.—
‘‘(i) IN GENERAL.—Except as provided in subsection
(b) and clause (ii), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under
this part, for fiscal year 2003 and succeeding fiscal
years, an amount equal to—
‘‘(I) the amount that such State received under
this part for fiscal year 2002; plus
‘‘(II) the amount allocated to the State under
subparagraph (B).
‘‘(ii) NONPARTICIPATING STATES.—In the case of a
State (other than the Commonwealth of Puerto Rico)
that did not receive any funds for fiscal year 2002
under this part, the State shall receive, for fiscal year
2003 and succeeding fiscal years, an amount equal
to—
‘‘(I) the amount that such State would have
received under this part for fiscal year 2002 if
its application under section 1304 for the year
had been approved; plus
‘‘(II) the amount allocated to the State under
subparagraph (B).
‘‘(B) ALLOCATION OF ADDITIONAL AMOUNT.—For fiscal
year 2003 and succeeding fiscal years, the amount (if any)
by which the funds appropriated to carry out this part
for the year exceed such funds for fiscal year 2002 shall
be allocated to a State (other than the Commonwealth
of Puerto Rico) so that the State receives an amount equal
to—
‘‘(i) the sum of—
‘‘(I) the number of identified eligible migratory
children, aged 3 through 21, residing in the State
during the previous year; and
‘‘(II) 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 such year;
multiplied by
‘‘(ii) 40 percent of the average per-pupil expenditure in the State, except that the amount determined
under this clause may not be less than 32 percent,
or more than 48 percent, of the average per-pupil
expenditure in the United States.
‘‘(b) ALLOCATION TO PUERTO RICO.—
‘‘(1) IN GENERAL.—For each fiscal year, the grant which
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)(A) if such subsection applied to 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

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‘‘(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—
‘‘(A) for fiscal year 2002, 77.5 percent;
‘‘(B) for fiscal year 2003, 80.0 percent;
‘‘(C) for fiscal year 2004, 82.5 percent; and
‘‘(D) for fiscal year 2005 and succeeding fiscal years,
85.0 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.
‘‘(c) RATABLE REDUCTIONS; REALLOCATIONS.—
‘‘(1) IN GENERAL.—(A) If, after the Secretary reserves funds
under section 1308(c), 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) 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 purpose of this part.
‘‘(2) SPECIAL RULE.—(A) 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 1304.
‘‘(B) 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.
‘‘(d) 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

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‘‘(B) make more funds available for direct services to
add substantially to the welfare or educational attainment
of children to be served under this part.
‘‘(e) DETERMINING NUMBERS OF ELIGIBLE CHILDREN.—In order
to determine the estimated number of migratory children residing
in each State for purposes of this section, the Secretary shall—
‘‘(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory children;
‘‘(2) develop and implement a procedure for more accurately
reflecting cost factors for different types of summer and intersession program designs;
‘‘(3) adjust the full-time equivalent number of migratory
children who reside in each State to take into account—
‘‘(A) the special needs of those children participating
in special programs provided under this part that operate
during the summer and intersession periods; and
‘‘(B) the additional costs of operating such programs;
and
‘‘(4) conduct an analysis of the options for adjusting the
formula so as to better direct services to the child whose education has been interrupted.
20 USC 6394.

‘‘SEC. 1304. STATE APPLICATIONS; SERVICES.

‘‘(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
special educational needs of migratory children, including preschool migratory children, 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 migrant children, including
language instruction educational programs under part A
or B of title III;
‘‘(C) the integration of services available under this
part with services provided by those other programs; and
‘‘(D) measurable program goals 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 content standards and challenging
State student academic achievement 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, consistent
with procedures the Secretary may require, the State will provide for educational continuity through the timely transfer
of pertinent school records, including information on health,

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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;
‘‘(6) such budgetary and other information as the Secretary
may require; and
‘‘(7) 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 who have parents who 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, satisfactory to the Secretary, 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 1306; 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 1114, subsections (b) and (d) of section 1115, subsections (b) and (c)
of section 1120A, and part I;
‘‘(3) in the planning and operation of programs and projects
at both the State and local agency operating level, there is
consultation with parent advisory councils for programs of 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 1118, 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;
‘‘(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) to the extent feasible, such programs and projects
will provide for—
‘‘(A) advocacy and outreach activities for migratory
children and their families, including informing such children and families of, or helping such children and families
gain access to, other education, health, nutrition, and social
services;

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‘‘(B) professional development programs, including
mentoring, for teachers and other program personnel;
‘‘(C) family literacy programs, including such programs
that use models developed under Even Start;
‘‘(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
‘‘(7) the State will assist the Secretary in determining the
number of migratory children under paragraphs (1)(A) and
(2)(B)(i) of section 1303(a), through such procedures as the
Secretary may require.
‘‘(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 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.
‘‘(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) secondary school students who were eligible for services
in secondary school may continue to be served through credit
accrual programs until graduation.
20 USC 6395.

‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall approve each
State application that meets the requirements of this part.
‘‘(b) PEER REVIEW.—The Secretary may review any such
application with the assistance and advice of State officials and
other individuals with relevant expertise.
20 USC 6396.

‘‘SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICEDELIVERY PLAN; AUTHORIZED ACTIVITIES.

‘‘(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 special educational
needs of migratory children in accordance with a comprehensive
State plan that—
‘‘(A) is integrated with other programs under this Act
or other Acts, as appropriate;
‘‘(B) may be submitted as a part of a consolidated
application under section 9302, if—
‘‘(i) the special 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

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‘‘(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
content standards and challenging State student academic
achievement 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 or B of title 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, shall
have 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 1114, a school
that receives funds under this part shall continue to address
the identified needs described in paragraph (1), and shall meet
the special educational needs of migratory children before using
funds under this part for schoolwide programs under section
1114.

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115 STAT. 1578
20 USC 6397.

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 1307. BYPASS.

‘‘The Secretary may use all or part of any State’s allocation
under this part to make arrangements with any public or private
nonprofit 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
welfare or educational attainment of such children.
20 USC 6398.

‘‘SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.

Federal Register,
publication.

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‘‘(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 nonprofit
entities to improve the interstate and intrastate coordination
among such agencies’ educational programs, including the
establishment or improvement of programs for credit accrual
and exchange, available to migratory students.
‘‘(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
developing effective methods for 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. The Secretary shall
ensure such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed
after, the date of enactment of the No Child Left Behind
Act of 2001, and shall determine the minimum data elements that each State receiving funds under this part
shall collect and maintain. Such elements 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 required under section 1111(b);
‘‘(iii) other academic information essential to
ensuring that migratory children achieve to high standards; and
‘‘(iv) eligibility for services under the Individuals
with Disabilities Education Act.
‘‘(B) 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 the proposed data elements that each State receiving

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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. Such publication shall occur not later than 120 days after the date
of enactment of the No Child Left Behind Act of 2001.
‘‘(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.
‘‘(4) REPORT TO CONGRESS.—
‘‘(A) IN GENERAL.—Not later than April 30, 2003, the
Secretary shall report 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 the Secretary’s findings and recommendations regarding the maintenance and transfer of health
and educational information for migratory students by the
States.
‘‘(B) REQUIRED CONTENTS.—The Secretary shall include
in such report—
‘‘(i) a review of the progress of States in developing
and linking electronic records transfer systems;
‘‘(ii) recommendations for the development and
linkage of such systems; and
‘‘(iii) recommendations for measures that may be
taken to ensure the continuity of services provided
for migratory students.
‘‘(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.
‘‘SEC. 1309. DEFINITIONS.

Deadline.

Deadline.

20 USC 6399.

‘‘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 nonprofit 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.

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‘‘(2) MIGRATORY CHILD.—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.

‘‘PART D—PREVENTION AND INTERVENTION
PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR ATRISK
20 USC 6421.

‘‘SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION.

‘‘(a) PURPOSE.—It is the purpose of this part—
‘‘(1) to improve educational services for children and youth
in local 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 content standards and challenging State student academic achievement 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.
‘‘(b) PROGRAM AUTHORIZED.—In order to carry out the purpose
of this part and from amounts appropriated under section 1002(d),
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.
20 USC 6422.

‘‘SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.

‘‘(a) AGENCY SUBGRANTS.—Based on the allocation amount computed under section 1412, the Secretary shall allocate to each
State educational agency an amount necessary to make subgrants
to State agencies under subpart 1.
‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for the purpose of carrying out subpart 2, funds generated throughout the
State under part A of this title based on children and youth residing
in local correctional facilities, or attending community day programs
for delinquent children and youth.

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‘‘Subpart 1—State Agency Programs
‘‘SEC. 1411. ELIGIBILITY.

20 USC 6431.

‘‘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.
‘‘SEC. 1412. ALLOCATION OF FUNDS.

20 USC 6432.

‘‘(a) SUBGRANTS TO STATE AGENCIES.—
‘‘(1) IN GENERAL.—Each State agency described in section
1411 (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 1411 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—

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‘‘(A) for fiscal year 2002, 77.5 percent;
‘‘(B) for fiscal year 2003, 80.0 percent;
‘‘(C) for fiscal year 2004, 82.5 percent; and
‘‘(D) for fiscal year 2005 and succeeding fiscal years,
85.0 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.
20 USC 6433.

‘‘SEC. 1413. STATE REALLOCATION OF FUNDS.

‘‘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.
20 USC 6434.

‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.

‘‘(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 from correctional facilities to locally operated programs; and
‘‘(C) that is integrated with other programs under this
Act or other Acts, as appropriate.
‘‘(2) CONTENTS.—Each such State plan shall—
‘‘(A) describe the program goals, objectives, and
performance measures established by the State that will
be used to assess the effectiveness of the program in
improving the academic, vocational, 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; and
‘‘(C) 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;

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‘‘(ii) carry out the evaluation requirements of section 1431;
‘‘(iii) ensure that the State agencies receiving subgrants under this subpart comply with all applicable
statutory and regulatory requirements; and
‘‘(iv) provide such other information as the Secretary may reasonably require.
‘‘(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 1111, to assess the educational
needs of the children to be served under this subpart;
‘‘(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 1416 are of high quality;
‘‘(6) describes how the State agency will carry out the
evaluation requirements of section 9601 and how the results
of the most recent evaluation will be used 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 9521;
‘‘(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as programs under title I of Public Law 105–220, vocational 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
their incarceration to ensure that student assessments and
appropriate academic records are shared jointly between the

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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 children and youth from such facility or institution to 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 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 achieve a secondary school diploma or its
recognized equivalent if the child or youth does not intend
to return to school;
‘‘(17) provides an assurance that 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;
and
‘‘(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
(42 U.S.C. 5601 et seq.) or other comparable programs, if
applicable.

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‘‘SEC. 1415. USE OF FUNDS.

20 USC 6435.

‘‘(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
1414(a); and
‘‘(B) concentrate on providing participants with the
knowledge andskills needed to make a successful transition
to secondary school completion, vocational or technical
training, further education, or employment.
‘‘(2) PROGRAMS AND PROJECTS.—Such programs and
projects—
‘‘(A) may include the acquisition of equipment;
‘‘(B) shall be designed to support educational services
that—
‘‘(i) except for institution-wide projects under section 1416, are provided to children and youth identified
by the State agency as failing, or most at-risk of failing,
to meet the State’s challenging academic content standards and student academic achievement standards;
‘‘(ii) supplement and improve 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 achievement standards;
‘‘(C) shall be carried out in a manner consistent with
section 1120A and part I (as applied to programs and
projects under this part); and
‘‘(D) may include the costs of meeting the evaluation
requirements of section 9601.
‘‘(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 1120A
(as applied to this part) without regard to the subject areas in
which instruction is given during those hours.
‘‘SEC. 1416. INSTITUTION-WIDE PROJECTS.

20 USC 6436.

‘‘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

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PUBLIC LAW 107–110—JAN. 8, 2002
with the opportunity to meet challenging State academic content standards and student academic achievement standards
in order to improve the likelihood that the children and youth
will complete secondary school, attain a secondary diploma
or its recognized equivalent, or find employment after leaving
the institution;
‘‘(4) describes the instructional program, pupil 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);
‘‘(5) specifically describes how such funds will be used;
‘‘(6) describes the measures and procedures that will be
used to assess student progress;
‘‘(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 communityday 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.

20 USC 6437.

‘‘SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.

‘‘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.
20 USC 6438.

‘‘SEC. 1418. TRANSITION SERVICES.

‘‘(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 from State-operated institutions to schools served by
local educational agencies; or
‘‘(2) the successful reentry of youth offenders, who are
age 20 or younger and have received a secondary school diploma
or its recognized equivalent, into postsecondary education, or
vocational and technical training programs, through strategies
designed to expose the youth to, and prepare the youth for,
postsecondary education, or vocational 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—

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115 STAT. 1587

‘‘(i) personal, vocational 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.
‘‘SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL
PROGRAM.

20 USC 6439.

‘‘The Secretary may reserve not more than 2.5 percent of the
amount made available to carry out this subpart for a fiscal year—
‘‘(1) to develop a uniform model to evaluate the effectiveness
of programs assisted under this subpart; and
‘‘(2) to provide technical assistance to and support the
capacity building of State agency programs assisted under this
subpart.

‘‘Subpart 2—Local Agency Programs
‘‘SEC. 1421. PURPOSE.

20 USC 6451.

‘‘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 for children and
youth returning from correctional facilities, and programs which
may serve at-risk children and youth.
‘‘SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

20 USC 6452.

‘‘(a) LOCAL SUBGRANTS.—With funds made available under section 1402(b), 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

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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 the transitional and academic
needs of the students returning from correctional facilities.
20 USC 6453.

‘‘SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

‘‘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;
‘‘(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 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;
‘‘(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
local businesses to develop training, curriculum-based youth
entrepreneurship education, and mentoring services for participating students;

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‘‘(8) as appropriate, a description of how the program will
involve parents 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 Public Law 105–
220 and vocational 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 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 regular public school program.
‘‘SEC. 1424. USES OF FUNDS.

20 USC 6454.

‘‘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, 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;
‘‘(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 vocational and
technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary
education; and
‘‘(5) programs providing mentoring and peer mediation.
‘‘SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING FUNDS UNDER THIS SECTION.

20 USC 6455.

‘‘Each correctional facility entering into an agreement with
a local educational agency under section 1423(2) to provide services
to children and youth under this subpart shall—

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‘‘(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;
‘‘(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 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 secondary 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 high academic
achievement 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 Public Law 105–220, and vocational and
technical education funds;
‘‘(10) coordinate programs operated under this subpart with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable; and
‘‘(11) if appropriate, work with local businesses to develop
training, curriculum-based youth entrepreneurship education,
and mentoring programs for children and youth.

20 USC 6456.

‘‘SEC. 1426. ACCOUNTABILITY.

‘‘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 reducing dropout rates for male students and for female
students over a 3-year period; 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, obtaining a secondary school diploma

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or its recognized equivalent, or obtaining employment after
such children and youth are released.

‘‘Subpart 3—General Provisions
‘‘SEC. 1431. PROGRAM EVALUATIONS.

20 USC 6471.

‘‘(a) SCOPE OF EVALUATION.—Each State agency or local educational agency that conducts a program under subpart 1 or 2
shall evaluate the program, disaggregating data on participation
by gender, race, ethnicity, and age, 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;
‘‘(2) to accrue school credits that meet State requirements
for grade promotion and secondary school graduation;
‘‘(3) to make the transition to a regular program or other
education program operated by a local educational agency;
‘‘(4) to complete secondary school (or secondary 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.
‘‘SEC. 1432. DEFINITIONS.

20 USC 6472.

‘‘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, has a drug or alcohol
problem, is pregnant or is a parent, has come into contact
with the juvenile justice system in the past, is at least 1
year behind the expected grade level for the age of the individual, has limited English proficiency, 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

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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.

‘‘PART E—NATIONAL ASSESSMENT OF TITLE I
20 USC 6491.

‘‘SEC. 1501. EVALUATIONS.

‘‘(a) NATIONAL ASSESSMENT OF TITLE I.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a national
assessment of the programs assisted under this title and the
impact of this title on States, local educational agencies, schools,
and students.
‘‘(2) ISSUES TO BE EXAMINED.—In conducting the assessment
under this subsection, the Secretary shall examine, at a minimum, the following:
‘‘(A) The implementation of programs assisted under
this title and the impact of such implementation on
increasing student academic achievement (particularly in
schools with high concentrations of children living in poverty), relative to the goal of all students reaching the
proficient level of achievement based on State academic
assessments, challenging State academic content standards, and challenging State student academic achievement
standards under section 1111.
‘‘(B) The types of programs and services that have
demonstrated the greatest likelihood of helping students
reach the proficient and advanced levels of achievement
based on State student academic achievement standards
and State academic content standards.
‘‘(C) The implementation of State academic standards,
assessments, and accountability systems developed under
this title, including—
‘‘(i) the time and cost required for the development
of academic assessments for students in grades 3
through 8;
‘‘(ii) how well such State assessments meet the
requirements for assessments described in this title;
and
‘‘(iii) the impact of such standards, assessments,
and accountability systems on educational programs
and instruction at the local level.
‘‘(D) Each State’s definition of adequate yearly
progress, including—
‘‘(i) the impact of applying this definition to schools,
local educational agencies, and the State;

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‘‘(ii) the number of schools and local educational
agencies not meeting this definition; and
‘‘(iii) the changes in the identification of schools
in need of improvement as a result of such definition.
‘‘(E) How schools, local educational agencies, and States
have—
‘‘(i) publicized and disseminated the local educational agency report cards required under section
1111(h)(2) to teachers, school staff, students, parents,
and the community;
‘‘(ii) used funds made available under this title
to provide preschool and family literacy services and
the impact of these services on students’ school readiness;
‘‘(iii) implemented the provisions of section 1118
and afforded parents meaningful opportunities to be
involved in the education of their children;
‘‘(iv) used Federal, State, and local educational
agency funds and resources to support schools and
provide technical assistance to improve the achievement of students in low-performing schools, including
the impact of the technical assistance on such achievement; and
‘‘(v) used State educational agency and local educational agency funds and resources to help schools
in which 50 percent or more of the students are from
families with incomes below the poverty line meet the
requirement described in section 1119 of having all
teachers highly qualified not later than the end of
the 2005–2006 school year.
‘‘(F) The implementation of schoolwide programs and
targeted assistance programs under this title and the
impact of such programs on improving student academic
achievement, including the extent to which schools meet
the requirements of such programs.
‘‘(G) The extent to which varying models of comprehensive school reform are funded and implemented under this
title, and the effect of the implementation of such models
on improving achievement of disadvantaged students.
‘‘(H) The costs as compared to the benefits of the activities assisted under this title.
‘‘(I) The extent to which actions authorized under section 1116 are implemented by State educational agencies
and local educational agencies to improve the academic
achievement of students in low-performing schools, and
the effectiveness of the implementation of such actions,
including the following:
‘‘(i) The number of schools identified for school
improvement and how many years the schools remain
in this status.
‘‘(ii) The types of support provided by the State
educational agencies and local educational agencies to
schools and local educational agencies respectively
identified as in need of improvement, and the impact
of such support on student achievement.
‘‘(iii) The number of parents who take advantage
of the public school choice provisions of this title, the

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115 STAT. 1594

costs (including transportation costs) associated with
implementing these provisions, the implementation of
these provisions, and the impact of these provisions
(including the impact of attending another school) on
student achievement.
‘‘(iv) The number of parents who choose to take
advantage of the supplemental educational services
option, the criteria used by the States to determine
the quality of providers, the kinds of services that
are available and utilized, the costs associated with
implementing this option, and the impact of receiving
supplemental educational services on student achievement.
‘‘(v) The implementation and impact of actions that
are taken with regard to schools and local educational
agencies identified for corrective action and restructuring.
‘‘(J) The extent to which State and local fiscal
accounting requirements under this title affect the flexibility of schoolwide programs.
‘‘(K) The implementation and impact of the professional
development activities assisted under this title and title
II on instruction, student academic achievement, and
teacher qualifications.
‘‘(L) The extent to which the assistance made available
under this title, including funds under section 1002, is
targeted to disadvantaged students, schools, and local educational agencies with the greatest need.
‘‘(M) The effectiveness of Federal administration assistance made available under this title, including monitoring
and technical assistance.
‘‘(N) The academic achievement of the groups of students described in section 1111(b)(2)(C)(v)(II).
‘‘(O) Such other issues as the Secretary considers
appropriate.
‘‘(3) SOURCES OF INFORMATION.—In conducting the assessment under this subsection, the Secretary shall use information
from a variety of sources, including the National Assessment
of Educational Progress (carried out under section 411 of the
National Education Statistics Act of 1994), State evaluations,
and other research studies.
‘‘(4) COORDINATION.—In carrying out this subsection, the
Secretary shall—
‘‘(A) coordinate the national assessment under this subsection with the longitudinal study described in subsection
(c); and
‘‘(B) ensure that the independent review panel
described in subsection (d) participates in conducting the
national assessment under this subsection, including planning for and reviewing the assessment.
‘‘(5) DEVELOPMENTALLY APPROPRIATE MEASURES.—In conducting the national assessment under this subsection, the
Secretary shall use developmentally appropriate measures to
assess student academic achievement.
‘‘(6) REPORTS.—
‘‘(A) INTERIM REPORT.—Not later than 3 years after
the date of enactment of the No Child Left Behind Act

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of 2001, the Secretary shall transmit to the President,
the Committee on Education and the Workforce of the
House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate an interim
report on the national assessment conducted under this
subsection.
‘‘(B) FINAL REPORT.—Not later than 5 years after the
date of enactment of the No Child Left Behind Act of
2001, the Secretary shall transmit to the President, the
Committee on Education and the Workforce of the House
of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate a final report
on the national assessment conducted under this subsection.
‘‘(b) STUDIES AND DATA COLLECTION.—
‘‘(1) IN GENERAL.—In addition to other activities described
in this section, the Secretary may, directly or through awarding
grants to or entering into contracts with appropriate entities—
‘‘(A) assess the implementation and effectiveness of
programs under this title;
‘‘(B) collect the data necessary to comply with the
Government Performance and Results Act of 1993; and
‘‘(C) provide guidance and technical assistance to State
educational agencies and local educational agencies in
developing and maintaining management information systems through which such agencies may develop program
performance indicators to improve services and performance.
‘‘(2) MINIMUM INFORMATION.—In carrying out this subsection, the Secretary shall collect, at a minimum, trend
information on the effect of each program authorized under
this title, which shall complement the data collected and
reported under subsections (a) and (c).
‘‘(c) NATIONAL LONGITUDINAL STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a longitudinal study of schools receiving assistance under part A.
‘‘(2) ISSUES TO BE EXAMINED.—In carrying out this subsection, the Secretary shall ensure that the study referred
to in paragraph (1) provides Congress and educators with each
of the following:
‘‘(A) An accurate description and analysis of the shortand long-term effect of the assistance made available under
this title on academic achievement.
‘‘(B) Information that can be used to improve the
effectiveness of the assistance made available under this
title in enabling students to meet challenging academic
achievement standards.
‘‘(C) An analysis of educational practices or model programs that are effective in improving the achievement
of disadvantaged children.
‘‘(D) An analysis of the costs as compared to the benefits of the assistance made available under this title in
improving the achievement of disadvantaged children.
‘‘(E) An analysis of the effects of the availability of
school choice options under section 1116 on the academic
achievement of disadvantaged students, on schools in school

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improvement, and on schools from which students have
transferred under such options.
‘‘(F) Such other information as the Secretary considers
appropriate.
‘‘(3) SCOPE.—In conducting the study referred to in paragraph (1), the Secretary shall ensure that the study—
‘‘(A) bases its analysis on a nationally representative
sample of schools participating in programs under this
title;
‘‘(B) to the extent practicable, includes in its analysis
students who transfer to different schools during the course
of the study; and
‘‘(C) analyzes varying models or strategies for delivering school services, including—
‘‘(i) schoolwide and targeted services; and
‘‘(ii) comprehensive school reform models.
‘‘(d) INDEPENDENT REVIEW PANEL.—
‘‘(1) IN GENERAL.—The Secretary shall establish an independent review panel (in this subsection referred to as the
‘Review Panel’) to advise the Secretary on methodological and
other issues that arise in carrying out subsections (a) and
(c).
‘‘(2) APPOINTMENT OF MEMBERS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall appoint members of the Review Panel from
among qualified individuals who are—
‘‘(i) specialists in statistics, evaluation, research,
and assessment;
‘‘(ii) education practitioners, including teachers,
principals, and local and State superintendents;
‘‘(iii) parents and members of local school boards
or other organizations involved with the implementation and operation of programs under this title; and
‘‘(iv) other individuals with technical expertise who
will contribute to the overall rigor and quality of the
program evaluation.
‘‘(B) LIMITATIONS.—In appointing members of the
Review Panel, the Secretary shall ensure that—
‘‘(i) in order to ensure diversity, the Review Panel
includes individuals appointed under subparagraph
(A)(i) who represent disciplines or programs outside
the field of education; and
‘‘(ii) the total number of the individuals appointed
under subparagraph (A)(ii) or (A)(iv) does not exceed
one-fourth of the total number of the individuals
appointed under this paragraph.
‘‘(3) FUNCTIONS.—The Review Panel shall consult with and
advise the Secretary—
‘‘(A) to ensure that the assessment conducted under
subsection (a) and the study conducted under subsection
(c)—
‘‘(i) adhere to the highest possible standards of
quality with respect to research design, statistical analysis, and the dissemination of findings; and
‘‘(ii) use valid and reliable measures to document
program implementation and impacts; and
‘‘(B) to ensure—

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‘‘(i) that the final report described in subsection
(a)(6)(B) is reviewed not later than 120 days after
its completion by not less than two independent experts
in program evaluation (who may be from among the
members of the Review Panel appointed under paragraph (2));
‘‘(ii) that such experts evaluate and comment on
the degree to which the report complies with subsection
(a); and
‘‘(iii) that the comments of such experts are transmitted with the report under subsection (a)(6)(B).
‘‘SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

20 USC 6492.

‘‘(a) IN GENERAL.—From the funds appropriated for any fiscal
year under section 1002(e)(1), the Secretary may award grants
to State educational agencies, local educational agencies, other
public agencies, nonprofit organizations, public or private partnerships involving business and industry organizations, and consortia
of such entities to carry out demonstration projects that show
the most promise of enabling children served under this title to
meet challenging State academic content standards and challenging
State student academic achievement standards.
‘‘(b) EVALUATION.—The Secretary shall evaluate the demonstration projects supported under this title, using rigorous methodological designs and techniques, including control groups and random
assignment, to the extent feasible, to produce reliable evidence
of effectiveness.
‘‘(c) PARTNERSHIPS.—From funds appropriated under section
1002(e)(1) for any fiscal year, the Secretary may, directly or through
grants or contracts, work in partnership with State educational
agencies, local educational agencies, other public agencies, and nonprofit organizations to disseminate and use the highest quality
research and knowledge about effective practices to improve the
quality of teaching and learning in schools assisted under this
title.
‘‘SEC. 1503. ASSESSMENT EVALUATION.

20 USC 6493.

‘‘(a) IN GENERAL.—The Secretary shall conduct an independent
study of assessments used for State accountability purposes and
for making decisions about the promotion and graduation of students. Such research shall be conducted over a period not to exceed
5 years and shall address the components described in subsection
(d).
‘‘(b) CONTRACT AUTHORIZED.—The Secretary is authorized to
award a contract, through a peer review process, to an organization
or entity capable of conducting rigorous, independent research. The
Assistant Secretary of Educational Research and Improvement shall
appoint peer reviewers to evaluate the applications for this contract.
‘‘(c) STUDY.—The study shall—
‘‘(1) synthesize and analyze existing research that meets
standards of quality and scientific rigor; and
‘‘(2) evaluate academic assessment and accountability systems in State educational agencies, local educational agencies,
and schools; and
‘‘(3) make recommendations to the Department and to the
Committee on Education and the Workforce of the United
States House of Representatives and the Committee on Health,

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information.

20 USC 6494.

PUBLIC LAW 107–110—JAN. 8, 2002

Education, Labor, and Pensions of the United States Senate,
based on the findings of the study.
‘‘(d) COMPONENTS OF THE RESEARCH PROGRAM.—The study
described in subsection (a) shall examine—
‘‘(1) the effect of the assessment and accountability systems
described in section (c) on students, teachers, parents, families,
schools, school districts, and States, including correlations
between such systems and—
‘‘(A) student academic achievement, progress to the
State-defined level of proficiency, and progress toward
closing achievement gaps, based on independent measures;
‘‘(B) changes in course offerings, teaching practices,
course content, and instructional material;
‘‘(C) changes in turnover rates among teachers, principals, and pupil-services personnel;
‘‘(D) changes in dropout, grade-retention, and graduation rates for students; and
‘‘(E) such other effects as may be appropriate;
‘‘(2) the effect of the academic assessments on students
with disabilities;
‘‘(3) the effect of the academic assessments on low, middle,
and high socioeconomic status students, limited and nonlimited
English proficient students, racial and ethnic minority students,
and nonracial or nonethnic minority students;
‘‘(4) guidelines for assessing the validity, reliability, and
consistency of those systems using nationally recognized professional and technical standards;
‘‘(5) the relationship between accountability systems and
the inclusion or exclusion of students from the assessment
system; and
‘‘(6) such other factors as the Secretary finds appropriate.
‘‘(e) REPORTING.—Not later than 3 years after the contract
described in subsection (b) is awarded, the organization or entity
conducting the study shall submit an interim report to the Committee on Education and the Workforce of the United States House
of Representatives and the Committee on Health, Education, Labor
and Pensions of the United States Senate, and to the President
and the States, and shall make the report widely available to
the public. The organization or entity shall submit a final report
to the same recipients as soon as possible after the completion
of the study. Additional reports may be periodically prepared and
released as necessary.
‘‘(f) RESERVATION OF FUNDS.—The Secretary may reserve up
to 15 percent of the funds authorized to be appropriated for this
part to carry out the study, except such reservation of funds shall
not exceed $1,500,000.
‘‘SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.

‘‘(a) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL
STUDENTS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) GENERAL AUTHORITY.—In accordance with this
subsection, the Secretary may make grants to the Close
Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting
the Close Up Foundation in carrying out its programs
of increasing civic responsibility and understanding of the

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Federal Government among middle school and secondary
school students.
‘‘(B) USE OF FUNDS.—Grants under this subsection
shall be used only to provide financial assistance to
economically disadvantaged students who participate in
the programs described in subparagraph (A).
‘‘(C) NAME OF FELLOWSHIPS.—Financial assistance
received by students pursuant to this subsection shall be
known as Close Up fellowships.
‘‘(2) APPLICATIONS.—
‘‘(A) APPLICATION REQUIRED.—No grant under this subsection may be made except upon an application at such
time, in such manner, and accompanied by such information as the Secretary may reasonably require.
‘‘(B) CONTENTS OF APPLICATION.—Each application submitted under this paragraph shall contain assurances
that—
‘‘(i) Close Up fellowships provided under this subsection shall be made to economically disadvantaged
middle school and secondary school students;
‘‘(ii) every effort shall be made to ensure the
participation of students from rural, small town, and
urban areas;
‘‘(iii) in awarding the fellowships to economically
disadvantaged students, special consideration shall be
given to the participation of those students with special
educational needs, including students with disabilities,
ethnic minority students, and students with migrant
parents; and
‘‘(iv) the funds received under this subsection shall
be properly disbursed.
‘‘(b) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL
TEACHERS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) GENERAL AUTHORITY.—In accordance with this
subsection, the Secretary may make grants to the Close
Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting
the Close Up Foundation in carrying out its programs
of professional development for middle school and secondary school teachers and its programs to increase civic
responsibility and understanding of the Federal Government among the teachers’ students.
‘‘(B) USE OF FUNDS.—Grants under this subsection
shall be used only to provide financial assistance to
teachers who participate in the programs described in
subparagraph (A).
‘‘(C) NAME OF FELLOWSHIPS.—Financial assistance
received by teachers pursuant to this subsection shall be
known as Close Up fellowships.
‘‘(2) APPLICATIONS.—
‘‘(A) APPLICATION REQUIRED.—No grant under this subsection may be made except upon an application at such
time, in such manner, and accompanied by such information as the Secretary may reasonably require.

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‘‘(B) CONTENTS OF APPLICATION.—Each application submitted under this paragraph shall contain assurances
that—
‘‘(i) Close Up fellowships provided under this subsection shall be made only to a teacher who has worked
with at least one student from such teacher’s school
who participates in a program described in subsection
(a)(1)(A);
‘‘(ii) no teacher shall receive more than one such
fellowship in any fiscal year; and
‘‘(iii) the funds received under this subsection shall
be properly disbursed.
‘‘(c) PROGRAMS FOR NEW AMERICANS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) GENERAL AUTHORITY.—In accordance with this
subsection, the Secretary may make grants to the Close
Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting
the Close Up Foundation in carrying out its programs
of increasing civic responsibility and understanding of the
Federal Government among economically disadvantaged
middle school and secondary school recent immigrant students.
‘‘(B) DEFINITION.—In this subsection, the term ‘recent
immigrant student’ means a student who is a member
of a family that immigrated to the United States within
5 years of the student’s participation in such a program.
‘‘(C) USE OF FUNDS.—Grants under this subsection
shall be used only to provide financial assistance to
economically disadvantaged recent immigrant students and
their teachers who participate in the programs described
in subparagraph (A).
‘‘(D) NAME OF FELLOWSHIPS.—Financial assistance
received by students and teachers pursuant to this subsection shall be known as Close Up Fellowships for New
Americans.
‘‘(2) APPLICATIONS.—
‘‘(A) APPLICATION REQUIRED.—No grant under this subsection may be made except upon an application at such
time, in such manner, and accompanied by such information as the Secretary may reasonably require.
‘‘(B) CONTENTS OF APPLICATION.—Each application submitted under this paragraph shall contain assurances
that—
‘‘(i) Close Up Fellowships for New Americans shall
be made to economically disadvantaged middle school
and secondary school recent immigrant students;
‘‘(ii) every effort shall be made to ensure the
participation of recent immigrant students from rural,
small town, and urban areas;
‘‘(iii) in awarding the fellowships to economically
disadvantaged recent immigrant students, special
consideration shall be given to the participation of
those students with special educational needs,
including students with disabilities, students with
migrant parents, and ethnic minority students;

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‘‘(iv) fully describe the activities to be carried out
with the proceeds of the grant made under paragraph
(1); and
‘‘(v) the funds received under this subsection shall
be properly disbursed.
‘‘(d) GENERAL PROVISIONS.—
‘‘(1) ADMINISTRATIVE PROVISIONS.—
‘‘(A) ACCOUNTABILITY.—In consultation with the Secretary, the Close Up Foundation shall devise and implement procedures to measure the efficacy of the programs
authorized in subsections (a), (b), and (c) in attaining objectives that include the following:
‘‘(i) Providing young people with an increased
understanding of the Federal Government.
‘‘(ii) Heightening a sense of civic responsibility
among young people.
‘‘(iii) Enhancing the skills of educators in teaching
young people about civic responsibility, the Federal
Government, and attaining citizenship competencies.
‘‘(B) GENERAL RULE.—Payments under this section may
be made in installments, in advance, or by way of
reimbursement, with necessary adjustments on account of
underpayments or overpayments.
‘‘(C) AUDIT RULE.—The Comptroller General of the
United States or any of the Comptroller General’s duly
authorized representatives shall have access for the purpose of audit and examination to any books, documents,
papers, and records that are pertinent to any grant under
this section.
‘‘(2) CONTINUATION OF AWARDS.—Notwithstanding any
other provision of this Act, any person or entity that was
awarded a grant under part G of title X before the date of
enactment of the No Child Left Behind Act of 2001 shall continue to receive funds in accordance with the terms of such
award until the date on which the award period terminates
under such terms.

‘‘PART F—COMPREHENSIVE SCHOOL REFORM
‘‘SEC. 1601. PURPOSE.

20 USC 6511.

‘‘The purpose of this part is to provide financial incentives
for schools to develop comprehensive school reforms, based upon
scientifically based research and effective practices that include
an emphasis on basic academics and parental involvement so that
all children can meet challenging State academic content and academic achievement standards.
‘‘SEC. 1602. PROGRAM AUTHORIZATION.

20 USC 6512.

‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized to award
grants to State educational agencies, from allotments under
paragraph (2), to enable the State educational agencies to award
subgrants to local educational agencies to carry out the purpose
described in section 1601.
‘‘(2) ALLOTMENTS.—
‘‘(A) RESERVATIONS.—Of the amount appropriated
under section 1002(f), the Secretary may reserve—

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‘‘(i) not more than 1 percent for each fiscal year
to provide assistance to schools supported by the
Bureau of Indian Affairs and in the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands
according to their respective needs for assistance under
this part;
‘‘(ii) not more than 1 percent for each fiscal year
to conduct national evaluation activities described in
section 1607; and
‘‘(iii) not more than 3 percent of the amount appropriated in fiscal year 2002 to carry out this part, for
quality initiatives described in section 1608.
‘‘(B) IN GENERAL.—Of the amount appropriated under
section 1002(f) that remains after making the reservation
under subparagraph (A) for a fiscal year, the Secretary
shall allot to each State for the fiscal year an amount
that bears the same ratio to the remainder for that fiscal
year as the amount made available under section 1124
to the State for the preceding fiscal year bears to the
total amount made available under section 1124 to all
States for that year.
‘‘(C) REALLOTMENT.—If a State does not apply for funds
under this section, the Secretary shall reallot such funds
to other States that do apply in proportion to the amount
allotted to such other States under subparagraph (B).

20 USC 6513.

‘‘SEC. 1603. STATE APPLICATIONS.

‘‘(a) IN GENERAL.—Each State educational agency that desires
to receive a grant under this part shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require.
‘‘(b) CONTENTS.—Each such application shall describe—
‘‘(1) the process and selection criteria by which the State
educational agency, using expert review, will select local educational agencies to receive subgrants under this part;
‘‘(2) how the State educational agency will ensure that
funds under this part are limited to comprehensive school
reform programs that—
‘‘(A) include each of the components described in section
1606(a);
‘‘(B) have the capacity to improve the academic achievement of all students in core academic subjects within
participating schools; and
‘‘(C) are supported by technical assistance providers
that have a successful track record, financial stability, and
the capacity to deliver high quality materials, professional
development for school personnel, and on-site support
during the full implementation period of the reforms;
‘‘(3) how the State educational agency will disseminate
materials and information on comprehensive school reforms
that are based on scientifically based research and effective
practices;
‘‘(4) how the State educational agency will evaluate
annually the implementation of such reforms and measure
the extent to which the reforms have resulted in increased
student academic achievement; and

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‘‘(5) how the State educational agency will provide technical
assistance to the local educational agency or consortia of local
educational agencies, and to participating schools, in evaluating, developing, and implementing comprehensive school
reform.
‘‘SEC. 1604. STATE USE OF FUNDS.

20 USC 6514.

‘‘(a) IN GENERAL.—Except as provided in subsection (e), a State
educational agency that receives a grant under this part shall
use the grant funds to award subgrants, on a competitive basis,
to local educational agencies or consortia of local educational agencies in the State that receive funds under part A, to support comprehensive school reforms in schools that are eligible for funds
under part A.
‘‘(b) SUBGRANT REQUIREMENTS.—A subgrant to a local educational agency or consortium shall be—
‘‘(1) of sufficient size and scope to support the initial costs
of comprehensive school reforms selected or designed by each
school identified in the application of the local educational
agency or consortium;
‘‘(2) in an amount not less than $50,000—
‘‘(A) for each participating school; or
‘‘(B) for each participating consortium of small schools
(which for purposes of this subparagraph means a consortium of small schools serving a total of not more than
500 students); and
‘‘(3) renewable for two additional 1-year subgrant periods
after the initial 1-year subgrant is made if the school is or
the schools are making substantial progress in the implementation of reforms.
‘‘(c) PRIORITY.—A State educational agency, in awarding subgrants under this part, shall give priority to local educational agencies or consortia that—
‘‘(1) plan to use the funds in schools identified as being
in need of improvement or corrective action under section
1116(c); and
‘‘(2) demonstrate a commitment to assist schools with
budget allocation, professional development, and other strategies necessary to ensure the comprehensive school reforms are
properly implemented and are sustained in the future.
‘‘(d) GRANT CONSIDERATION.—In awarding subgrants under this
part, the State educational agency shall take into consideration
the equitable distribution of subgrants to different geographic
regions within the State, including urban and rural areas, and
to schools serving elementary and secondary students.
‘‘(e) ADMINISTRATIVE COSTS.—A State educational agency that
receives a grant under this part may reserve not more than 5
percent of the grant funds for administrative, evaluation, and technical assistance expenses.
‘‘(f) SUPPLEMENT.—Funds made available under this part shall
be used to supplement, and not supplant, any other Federal, State,
or local funds that would otherwise be available to carry out the
activities assisted under this part.
‘‘(g) REPORTING.—Each State educational agency that receives
a grant under this part shall provide to the Secretary such information as the Secretary may require, including the names of local
educational agencies and schools receiving assistance under this

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part, the amount of the assistance, a description of the comprehensive school reforms selected and used, and a copy of the State’s
annual evaluation of the implementation of comprehensive school
reforms supported under this part and the student achievement
results.
20 USC 6515.

‘‘SEC. 1605. LOCAL APPLICATIONS.

‘‘(a) IN GENERAL.—Each local educational agency or consortium
of local educational agencies desiring a subgrant under this part
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.
‘‘(b) CONTENTS.—Each such application shall—
‘‘(1) identify the schools that are eligible for assistance
under part A and plan to implement a comprehensive school
reform program, including the projected costs of such a program;
‘‘(2) describe the comprehensive school reforms based on
scientifically based research and effective practices that such
schools will implement;
‘‘(3) describe how the local educational agency or consortium
will provide technical assistance and support for the effective
implementation of the comprehensive school reforms based on
scientifically based research and effective practices selected
by such schools; and
‘‘(4) describe how the local educational agency or consortium
will evaluate the implementation of such comprehensive school
reforms and measure the results achieved in improving student
academic achievement.
20 USC 6516.

‘‘SEC. 1606. LOCAL USE OF FUNDS.

‘‘(a) USES OF FUNDS.—A local educational agency or consortium
that receives a subgrant under this part shall provide the subgrant
funds to schools that are eligible for assistance under part A and
served by the agency, to enable the schools to implement a comprehensive school reform program that—
‘‘(1) employs proven strategies and proven methods for
student learning, teaching, and school management that are
based on scientifically based research and effective practices
and have been replicated successfully in schools;
‘‘(2) integrates a comprehensive design for effective school
functioning, including instruction, assessment, classroom
management, professional development, parental involvement,
and school management, that aligns the school’s curriculum,
technology, and professional development into a comprehensive
school reform plan for schoolwide change designed to enable
all students to meet challenging State content and student
academic achievement standards and addresses needs identified
through a school needs assessment;
‘‘(3) provides high quality and continuous teacher and staff
professional development;
‘‘(4) includes measurable goals for student academic
achievement and benchmarks for meeting such goals;
‘‘(5) is supported by teachers, principals, administrators,
school personnel staff, and other professional staff;
‘‘(6) provides support for teachers, principals, administrators, and other school staff;

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‘‘(7) provides for the meaningful involvement of parents
and the local community in planning, implementing, and evaluating school improvement activities consistent with section
1118;
‘‘(8) uses high quality external technical support and assistance from an entity that has experience and expertise in
schoolwide reform and improvement, which may include an
institution of higher education;
‘‘(9) includes a plan for the annual evaluation of the
implementation of school reforms and the student results
achieved;
‘‘(10) identifies other resources, including Federal, State,
local, and private resources, that shall be used to coordinate
services that will support and sustain the comprehensive school
reform effort; and
‘‘(11)(A) has been found, through scientifically based
research to significantly improve the academic achievement
of students participating in such program as compared to students in schools who have not participated in such program;
or
‘‘(B) has been found to have strong evidence that such
program will significantly improve the academic achievement
of participating children.
‘‘(b) SPECIAL RULE.—A school that receives funds to develop
a comprehensive school reform program shall not be limited to
using nationally available approaches, but may develop the school’s
own comprehensive school reform program for schoolwide change
as described in subsection (a).
‘‘SEC. 1607. EVALUATION AND REPORTS.

20 USC 6517.

‘‘(a) IN GENERAL.—The Secretary shall develop a plan for a
national evaluation of the programs assisted under this part.
‘‘(b) EVALUATION.—The national evaluation shall—
‘‘(1) evaluate the implementation and results achieved by
schools after 3 years of implementing comprehensive school
reforms; and
‘‘(2) assess the effectiveness of comprehensive school
reforms in schools with diverse characteristics.
‘‘(c) REPORTS.—The Secretary shall submit a report describing
the results of the evaluation under subsection (b) for the Comprehensive School Reform Program to the Committee on Education
and the Workforce, and the Committee on Appropriations of the
House of Representatives, and the Committee on Health, Education,
Labor, and Pensions, and the Committee on Appropriations of the
Senate.
‘‘SEC. 1608. QUALITY INITIATIVES.

20 USC 6518.

‘‘The Secretary, through grants or contracts, shall provide funds
for—
‘‘(1) a public-private effort, in which funds are matched
by private organizations, to assist States, local educational
agencies, and schools, in making informed decisions regarding
approving or selecting providers of comprehensive school
reform, consistent with the requirements described in section
1606(a); and
‘‘(2) activities to foster the development of comprehensive
school reform models and to provide effective capacity building

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PUBLIC LAW 107–110—JAN. 8, 2002
for comprehensive school reform providers to expand their work
in more schools, assure quality, and promote financial stability.

Access to High
Standards Act.
20 USC 6531.

‘‘PART G—ADVANCED PLACEMENT PROGRAMS
‘‘SEC. 1701. SHORT TITLE.

‘‘This part may be cited as the ‘Access to High Standards
Act’.
20 USC 6532.

‘‘SEC. 1702. PURPOSES.

The purposes of this part are—
‘‘(1) to support State and local efforts to raise academic
standards through advanced placement programs, and thus
further increase the number of students who participate and
succeed in advanced placement programs;
‘‘(2) to encourage more of the 600,000 students who take
advanced placement courses each year but do not take advanced
placement exams each year, to demonstrate their achievements
through taking the exams;
‘‘(3) to build on the many benefits of advanced placement
programs for students, which benefits may include the acquisition of skills that are important to many employers, Scholastic
Aptitude Test (SAT) scores that are 100 points above the
national averages, and the achievement of better grades in
secondary school and in college than the grades of students
who have not participated in the programs;
‘‘(4) to increase the availability and broaden the range
of schools, including middle schools, that have advanced placement and pre-advanced placement programs;
‘‘(5) to demonstrate that larger and more diverse groups
of students can participate and succeed in advanced placement
programs;
‘‘(6) to provide greater access to advanced placement and
pre-advanced placement courses and highly trained teachers
for low-income and other disadvantaged students;
‘‘(7) to provide access to advanced placement courses for
secondary school students at schools that do not offer advanced
placement programs, increase the rate at which secondary
school students participate in advanced placement courses, and
increase the numbers of students who receive advanced placement test scores for which college academic credit is awarded;
‘‘(8) to increase the participation of low-income individuals
in taking advanced placement tests through the payment or
partial payment of the costs of the advanced placement test
fees; and
‘‘(9) to increase the number of individuals that achieve
a baccalaureate or advanced degree, and to decrease the amount
of time such individuals require to attain such degrees.
20 USC 6533.

‘‘SEC. 1703. FUNDING DISTRIBUTION RULE.

‘‘From amounts appropriated under section 1002(g) for a fiscal
year, the Secretary shall give priority to funding activities under
section 1704 and shall distribute any remaining funds under section
1705.
20 USC 6534.

‘‘SEC. 1704. ADVANCED PLACEMENT TEST FEE PROGRAM.

‘‘(a) GRANTS AUTHORIZED.—From amounts made available
under section 1703 for a fiscal year, the Secretary shall award

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grants to State educational agencies having applications approved
under this section to enable the State educational agencies to
reimburse low-income individuals to cover part or all of the costs
of advanced placement test fees, if the low-income individuals—
‘‘(1) are enrolled in an advanced placement course; and
‘‘(2) plan to take an advanced placement test.
‘‘(b) AWARD BASIS.—In determining the amount of the grant
awarded to a State educational agency under this section for a
fiscal year, the Secretary shall consider the number of children
eligible to be counted under section 1124(c) in the State in relation
to the number of such children so counted in all the States.
‘‘(c) INFORMATION DISSEMINATION.—A State educational agency
awarded a grant under this section shall disseminate information
regarding the availability of advanced placement test fee payments
under this section to eligible individuals through secondary school
teachers and guidance counselors.
‘‘(d) APPLICATIONS.—Each State educational agency desiring to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require. At a minimum,
each State educational agency application shall—
‘‘(1) describe the advanced placement test fees the State
educational agency will pay on behalf of low-income individuals
in the State from grant funds awarded under this section;
‘‘(2) provide an assurance that any grant funds awarded
under this section shall be used only to pay for advanced
placement test fees; and
‘‘(3) contain such information as the Secretary may require
to demonstrate that the State educational agency will ensure
that a student is eligible for payments authorized under this
section, including documentation required under chapter 1 of
subpart 2 of part A of title IV of the Higher Education Act
of 1965.
‘‘(e) REGULATIONS.—The Secretary shall prescribe such regulations as are necessary to carry out this section.
‘‘(f) REPORT.—
‘‘(1) IN GENERAL.—Each State educational agency awarded
a grant under this section shall, with respect to each advanced
placement subject, annually report to the Secretary on—
‘‘(A) the number of students in the State who are
taking an advanced placement course in that subject;
‘‘(B) the number of advanced placement tests taken
by students in the State who have taken an advanced
placement course in that subject;
‘‘(C) the number of students in the State scoring at
different levels on advanced placement tests in that subject;
and
‘‘(D) demographic information regarding individuals in
the State taking advanced placement courses and tests
in that subject disaggregated by race, ethnicity, sex,
English proficiency status, and socioeconomic status.
‘‘(2) REPORT TO CONGRESS.—The Secretary shall annually
compile the information received from each State educational
agency under paragraph (1) and report to the appropriate
committees of Congress regarding the information.
‘‘(g) BIA AS SEA.—For purposes of this section the Bureau
of Indian Affairs shall be treated as a State educational agency.

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115 STAT. 1608
20 USC 6535.

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 1705. ADVANCED PLACEMENT INCENTIVE PROGRAM GRANTS.

‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—From amounts made available under
section 1703 for a fiscal year, the Secretary shall award grants,
on a competitive basis, to eligible entities to enable those entities to carry out the authorized activities described in subsection
(d).
‘‘(2) DURATION AND PAYMENTS.—
‘‘(A) DURATION.—The Secretary shall award a grant
under this section for a period of not more than 3 years.
‘‘(B) PAYMENTS.—The Secretary shall make grant payments under this section on an annual basis.
‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—In this section, the
term ‘eligible entity’ means a State educational agency, local
educational agency, or national nonprofit educational entity
with expertise in advanced placement services.
‘‘(b) APPLICATION.—Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may require.
‘‘(c) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible entity that submits an
application under subsection (b) that—
‘‘(1) demonstrates a pervasive need for access to advanced
placement incentive programs;
‘‘(2) provides for the involvement of business and community organizations in the activities to be assisted;
‘‘(3) assures the availability of matching funds from State,
local, or other sources to pay for the cost of activities to be
assisted;
‘‘(4) demonstrates a focus on developing or expanding
advanced placement programs and participation in the core
academic areas of English, mathematics, and science;
‘‘(5) demonstrates an intent to carry out activities that
target—
‘‘(A) local educational agencies serving schools with
a high concentration of low-income students; or
‘‘(B) schools with a high concentration of low-income
students; and
‘‘(6) in the case of a local educational agency, assures
that the local educational agency serves schools with a high
concentration of low-income students; or
‘‘(7) demonstrates an intent to carry out activities to
increase the availability of, and participation in, on-line
advanced placement courses.
‘‘(d) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), an eligible
entity shall use grant funds made available under this section
to expand access for low-income individuals to advanced placement incentive programs that involve—
‘‘(A) teacher training;
‘‘(B) pre-advanced placement course development;
‘‘(C) coordination and articulation between grade levels
to prepare students for academic achievement in advanced
placement courses;
‘‘(D) books and supplies; or

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‘‘(E) activities to increase the availability of, and
participation in, on-line advanced placement courses; or
‘‘(F) any other activity directly related to expanding
access to and participation in advanced placement incentive
programs, particularly for low-income individuals.
‘‘(2) STATE EDUCATIONAL AGENCY.—In the case of an eligible
entity that is a State educational agency, the entity may use
grant funds made available under this section to award subgrants to local educational agencies to enable the local educational agencies to carry out the activities under paragraph
(1).
‘‘(e) CONTRACTS.—An eligible entity awarded a grant to provide
online advanced placement courses under this part may enter into
a contract with a nonprofit or for profit organization to provide
the online advanced placement courses, including contracting for
necessary support services.
‘‘(f) DATA COLLECTION AND REPORTING.—
‘‘(1) DATA COLLECTION.—Each eligible entity awarded a
grant under this section shall, with respect to each advanced
placement subject, annually report to the Secretary on—
‘‘(A) the number of students served by the eligible
entity who are taking an advanced placement course in
that subject;
‘‘(B) the number of advanced placement tests taken
by students served by the eligible entity in that subject;
‘‘(C) the number of students served by the eligible
entity scoring at different levels on advanced placement
tests in that subject; and
‘‘(D) demographic information regarding individuals
served by such agency who taking advanced placement
courses and tests in that subject disaggregated by race,
ethnicity, sex, English proficiency status, and socioeconomic
status.
‘‘(2) REPORT.—The Secretary shall annually compile the
information received from each eligible entity under paragraph
(1) and report to the appropriate committees of Congress
regarding the information.
‘‘SEC. 1706. SUPPLEMENT, NOT SUPPLANT.

Records.

20 USC 6536.

Grant funds provided under this part shall supplement, and
not supplant, other non-Federal funds that are available to assist
low-income individuals to pay for the cost of advanced placement
test fees or to expand access to advanced placement and preadvanced placement courses.
‘‘SEC. 1707. DEFINITIONS.

20 USC 6537.

‘‘In this part:
‘‘(1) ADVANCED PLACEMENT TEST.—The term ‘advanced
placement test’ means an advanced placement test administered by the College Board or approved by the Secretary.
‘‘(2) HIGH CONCENTRATION OF LOW-INCOME STUDENTS.—The
term ‘high concentration of low-income students’, used with
respect to a school, means a school that serves a student
population 40 percent or more of whom are low-income individuals.
‘‘(3) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ means an individual who is determined by a State
educational agency or local educational agency to be a child,

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PUBLIC LAW 107–110—JAN. 8, 2002
ages 5 through 17, from a low-income family, on the basis
of data used by the Secretary to determine allocations under
section 1124 of this Act, data on children eligible for free
or reduced-price lunches under the National School Lunch Act,
data on children in families receiving assistance under part
A of title IV of the Social Security Act, or data on children
eligible to receive medical assistance under the medicaid program under title XIX of the Social Security Act, or through
an alternate method that combines or extrapolates from those
data.

Dropout
Prevention Act.
20 USC 6551.

‘‘PART H—SCHOOL DROPOUT PREVENTION
‘‘SEC. 1801. SHORT TITLE.

‘‘This part may be cited as the ‘Dropout Prevention Act’.
20 USC 6552.

‘‘SEC. 1802. PURPOSE.

‘‘The purpose of this part is to provide for school dropout
prevention and reentry and to raise academic achievement levels
by providing grants that—
‘‘(1) challenge all children to attain their highest academic
potential; and
‘‘(2) ensure that all students have substantial and ongoing
opportunities to attain their highest academic potential through
schoolwide programs proven effective in school dropout prevention and reentry.
20 USC 6553.

‘‘SEC. 1803. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this part, there are authorized
to be appropriated $125,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding fiscal
years, of which—
‘‘(1) 10 percent shall be available to carry out subpart
1 for each fiscal year; and
‘‘(2) 90 percent shall be available to carry out subpart
2 for each fiscal year.

‘‘Subpart 1—Coordinated National Strategy
20 USC 6555.

‘‘SEC. 1811. NATIONAL ACTIVITIES.

‘‘(a) IN GENERAL.—The Secretary is authorized—
‘‘(1) to collect systematic data on the effectiveness of the
programs assisted under this part in reducing school dropout
rates and increasing school reentry and secondary school
graduation rates;
‘‘(2) to establish a national clearinghouse of information
on effective school dropout prevention and reentry programs
that shall disseminate to State educational agencies, local educational agencies, and schools—
‘‘(A) the results of research on school dropout prevention and reentry; and
‘‘(B) information on effective programs, best practices,
and Federal resources to—
‘‘(i) reduce annual school dropout rates;
‘‘(ii) increase school reentry; and
‘‘(iii) increase secondary school graduation rates;

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‘‘(3) to provide technical assistance to State educational
agencies, local educational agencies, and schools in designing
and implementing programs and securing resources to implement effective school dropout prevention and reentry programs;
‘‘(4) to establish and consult with an interagency working
group that shall—
‘‘(A) address inter- and intra-agency program coordination issues at the Federal level with respect to school
dropout prevention and reentry, and assess the targeting
of existing Federal services to students who are most at
risk of dropping out of school, and the cost-effectiveness
of various programs and approaches used to address school
dropout prevention and reentry;
‘‘(B) describe the ways in which State educational agencies and local educational agencies can implement effective
school dropout prevention and reentry programs using
funds from a variety of Federal programs, including the
programs under this part; and
‘‘(C) examine Federal programs that may have a positive impact on secondary school graduation or school
reentry;
‘‘(5) to carry out a national recognition program in accordance with subsection (b) that recognizes schools that have made
extraordinary progress in lowering school dropout rates; and
‘‘(6) to use funds made available for this subpart to carry
out the evaluation required under section 1830(c).
‘‘(b) RECOGNITION PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall—
‘‘(A) establish a national recognition program; and
‘‘(B) develop uniform national guidelines for the recognition program that shall be used to recognize eligible
schools from nominations submitted by State educational
agencies.
‘‘(2) RECOGNITION.—The Secretary shall recognize, under
the recognition program established under paragraph (1),
eligible schools.
‘‘(3) SUPPORT.—The Secretary may make monetary awards
to an eligible school recognized under this subsection in
amounts determined appropriate by the Secretary that shall
be used for dissemination activities within the eligible school
district or nationally.
‘‘(4) DEFINITION OF ELIGIBLE SCHOOL.—In this subsection,
the term ‘eligible school’ means a public middle school or secondary school, including a charter school, that has implemented
comprehensive reforms that have been effective in lowering
school dropout rates for all students—
‘‘(A) in that secondary school or charter school; or
‘‘(B) in the case of a middle school, in the secondary
school that the middle school feeds students into.
‘‘(c) CAPACITY BUILDING.—
‘‘(1) IN GENERAL.—The Secretary, through a contract with
one or more non-Federal entities, may conduct a capacity
building and design initiative in order to increase the types
of proven strategies for school dropout prevention and reentry
that address the needs of an entire school population rather
than a subset of students.
‘‘(2) NUMBER AND DURATION.—

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‘‘(A) NUMBER.—The Secretary may award not more
than five contracts under this subsection.
‘‘(B) DURATION.—The Secretary may award a contract
under this subsection for a period of not more than 5
years.
‘‘(d) SUPPORT FOR EXISTING REFORM NETWORKS.—
‘‘(1) IN GENERAL.—The Secretary may provide appropriate
support to eligible entities to enable the eligible entities to
provide training, materials, development, and staff assistance
to schools assisted under this part.
‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In this subsection,
the term ‘eligible entity’ means an entity that, prior to the
date of enactment of the Dropout Prevention Act—
‘‘(A) provided training, technical assistance, and materials related to school dropout prevention or reentry to
100 or more elementary schools or secondary schools; and
‘‘(B) developed and published a specific educational
program or design related to school dropout prevention
or reentry for use by the schools.

‘‘Subpart 2—School Dropout Prevention Initiative
‘‘SEC. 1821. DEFINITIONS.

20 USC 6561.

‘‘In this subpart:
‘‘(1) LOW-INCOME STUDENT.—The term ‘low-income student’
means a student who is determined by a local educational
agency to be from a low-income family using the measures
described in section 1113(c).
‘‘(2) STATE.—The term ‘State’ means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Bureau of Indian Affairs
for purposes of serving schools funded by the Bureau.
20 USC 6561a.

‘‘SEC. 1822. PROGRAM AUTHORIZED.

‘‘(a) GRANTS TO STATE EDUCATIONAL AGENCIES AND LOCAL EDUAGENCIES.—
‘‘(1) AMOUNT LESS THAN $75,000,000.—
‘‘(A) IN GENERAL.—If the amount appropriated under
section 1803 for a fiscal year equals or is less than
$75,000,000, then the Secretary shall use such amount
to award grants, on a competitive basis, to—
‘‘(i) State educational agencies to support
activities—
‘‘(I) in schools that—
‘‘(aa) serve students in grades 6 through
12; and
‘‘(bb) have annual school dropout rates
that are above the State average annual school
dropout rate; or
‘‘(II) in the middle schools that feed students
into the schools described in subclause (I); or
‘‘(ii) local educational agencies that operate—
‘‘(I) schools that—
‘‘(aa) serve students in grades 6 through
12; and

CATIONAL

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‘‘(bb) have annual school dropout rates
that are above the State average annual school
dropout rate; or
‘‘(II) middle schools that feed students into
the schools described in subclause (I).
‘‘(B) USE OF GRANT FUNDS.—Grant funds awarded
under this paragraph shall be used to fund effective,
sustainable, and coordinated school dropout prevention and
reentry programs that may include the activities described
in subsection (b)(2), in—
‘‘(i) schools serving students in grades 6 through
12 that have annual school dropout rates that are
above the State average annual school dropout rate;
or
‘‘(ii) the middle schools that feed students into
the schools described in clause (i).
‘‘(2) AMOUNT LESS THAN $250,000,000 BUT MORE THAN
$75,000,000.—If the amount appropriated under section 1803 for
a fiscal year is less than $250,000,000 but more than
$75,000,000, then the Secretary shall use such amount to award
grants, on a competitive basis, to State educational agencies
to enable the State educational agencies to award subgrants
under subsection (b).
‘‘(3) AMOUNT EQUAL TO OR EXCEEDS $250,000,000.—If the
amount appropriated under section 1803 for a fiscal year equals
or exceeds $250,000,000, then the Secretary shall use such
amount to award a grant to each State educational agency
in an amount that bears the same relation to such appropriated
amount as the amount the State educational agency received
under part A for the preceding fiscal year bears to the amount
received by all State educational agencies under such part
for the preceding fiscal year, to enable the State educational
agency to award subgrants under subsection (b).
‘‘(b) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) IN GENERAL.—From amounts made available to a State
educational agency under paragraph (2) or (3) of subsection
(a), the State educational agency shall award subgrants, on
a competitive basis, to local educational agencies that operate
public schools that serve students in grades 6 through 12
and that have annual school dropout rates that are above
the State average annual school dropout rate, to enable those
schools, or the middle schools that feed students into those
schools, to implement effective, sustainable, and coordinated
school dropout prevention and reentry programs that involve
activities such as—
‘‘(A) professional development;
‘‘(B) obtaining curricular materials;
‘‘(C) release time for professional staff to obtain professional development;
‘‘(D) planning and research;
‘‘(E) remedial education;
‘‘(F) reduction in pupil-to-teacher ratios;
‘‘(G) efforts to meet State student academic achievement standards;
‘‘(H) counseling and mentoring for at-risk students;
‘‘(I) implementing comprehensive school reform models,
such as creating smaller learning communities; and

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‘‘(J) school reentry activities.
‘‘(2) AMOUNT.—Subject to paragraph (3), a subgrant under
this subpart shall be awarded—
‘‘(A) in the first year that a local educational agency
receives a subgrant payment under this subpart, in an
amount that is based on factors such as—
‘‘(i) the size of schools operated by the local educational agency;
‘‘(ii) costs of the model or set of prevention and
reentry strategies being implemented; and
‘‘(iii) local cost factors such as poverty rates;
‘‘(B) in the second year, in an amount that is not
less than 75 percent of the amount the local educational
agency received under this subpart in the first such year;
‘‘(C) in the third year, in an amount that is not less
than 50 percent of the amount the local educational agency
received under this subpart in the first such year; and
‘‘(D) in each succeeding year, in an amount that is
not less than 30 percent of the amount the local educational
agency received under this subpart in the first year.
‘‘(3) DURATION.—A subgrant under this subpart shall be
awarded for a period of 3 years, and may be continued for
a period of 2 additional years if the State educational agency
determines, based on the annual reports described in section
1830(a), that significant progress has been made in lowering
the annual school dropout rate for secondary schools participating in the program assisted under this subpart.

20 USC 6561b.

‘‘SEC. 1823. APPLICATIONS.

‘‘(a) IN GENERAL.—To receive—
‘‘(1) a grant under this subpart, a State educational agency
or local educational agency shall submit an application and
plan to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably
require; and
‘‘(2) a subgrant under this subpart, a local educational
agency shall submit an application and plan to the State educational agency at such time, in such manner, and accompanied
by such information as the State educational agency may
reasonably require.
‘‘(b) CONTENTS.—
‘‘(1) STATE EDUCATIONAL AGENCY AND LOCAL EDUCATIONAL
AGENCY.—Each application and plan submitted under subsection (a) shall—
‘‘(A) include an outline—
‘‘(i) of the State educational agency’s or local educational agency’s strategy for reducing the State educational agency or local educational agency’s annual
school dropout rate;
‘‘(ii) for targeting secondary schools, and the middle
schools that feed students into those secondary schools,
that have the highest annual school dropout rates;
and
‘‘(iii) for assessing the effectiveness of the efforts
described in the plan;
‘‘(B) contain an identification of the schools in the
State or operated by the local educational agency that

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have annual school dropout rates that are greater than
the average annual school dropout rate for the State;
‘‘(C) describe the instructional strategies to be implemented, how the strategies will serve all students, and
the effectiveness of the strategies;
‘‘(D) describe a budget and timeline for implementing
the strategies;
‘‘(E) contain evidence of coordination with existing
resources;
‘‘(F) provide an assurance that funds provided under
this subpart will supplement, and not supplant, other State
and local funds available for school dropout prevention
and reentry programs; and
‘‘(G) describe how the activities to be assisted conform
with research knowledge about school dropout prevention
and reentry.
‘‘(2) LOCAL EDUCATIONAL AGENCY.—Each application and
plan submitted under subsection (a) by a local educational
agency shall contain, in addition to the requirements of paragraph (1)—
‘‘(A) an assurance that the local educational agency
is committed to providing ongoing operational support for
such schools to address the problem of school dropouts
for a period of 5 years; and
‘‘(B) an assurance that the local educational agency
will support the plan, including—
‘‘(i) provision of release time for teacher training;
‘‘(ii) efforts to coordinate activities for secondary
schools and the middle schools that feed students into
those secondary schools; and
‘‘(iii) encouraging other schools served by the local
educational agency to participate in the plan.
‘‘SEC. 1824. STATE RESERVATION.

20 USC 6561c.

‘‘A State educational agency that receives a grant under paragraph (2) or (3) of section 1822(a) may reserve not more than
5 percent of the grant funds for administrative costs and State
activities related to school dropout prevention and reentry activities,
of which not more than 2 percent of the grant funds may be
used for administrative costs.
‘‘SEC. 1825. STRATEGIES AND CAPACITY BUILDING.

20 USC 6561d.

‘‘Each local educational agency receiving a grant or subgrant
under this subpart and each State educational agency receiving
a grant under this subpart shall implement scientifically based,
sustainable, and widely replicated strategies for school dropout
prevention and reentry. The strategies may include—
‘‘(1) specific strategies for targeted purposes, such as—
‘‘(A) effective early intervention programs designed to
identify at-risk students;
‘‘(B) effective programs serving at-risk students,
including racial and ethnic minorities and pregnant and
parenting teenagers, designed to prevent such students
from dropping out of school; and
‘‘(C) effective programs to identify and encourage youth
who have already dropped out of school to reenter school
and complete their secondary education; and

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‘‘(2) approaches such as breaking larger schools down into
smaller learning communities and other comprehensive reform
approaches, creating alternative school programs, and developing clear linkages to career skills and employment.

20 USC 6561e.

‘‘SEC. 1826. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUBGRANTS.

‘‘(a) STATE EDUCATIONAL AGENCY REVIEW AND AWARD.—The
State educational agency shall review applications submitted under
section 1823(a)(2) and award subgrants to local educational agencies
with the assistance and advice of a panel of experts on school
dropout prevention and reentry.
‘‘(b) ELIGIBILITY.—A local educational agency is eligible to
receive a subgrant under this subpart if the local educational agency
operates a public school (including a public alternative school)—
‘‘(1) that is eligible to receive assistance under part A;
and
‘‘(2)(A) that serves students 50 percent or more of whom
are low-income students; or
‘‘(B) in which a majority of the students come from feeder
schools that serve students 50 percent or more of whom are
low-income students.
20 USC 6561f.

‘‘SEC. 1827. COMMUNITY BASED ORGANIZATIONS.

‘‘A local educational agency that receives a grant or subgrant
under this subpart and a State educational agency that receives
a grant under this subpart may use the funds to secure necessary
services from a community-based organization or other government
agency if the funds are used to provide school dropout prevention
and reentry activities related to schoolwide efforts.
20 USC 6561g.

‘‘SEC. 1828. TECHNICAL ASSISTANCE.

‘‘Notwithstanding any other provision of law, each local educational agency that receives funds under this subpart shall use
the funds to provide technical assistance to secondary schools served
by the agency that have not made progress toward lowering annual
school dropout rates after receiving assistance under this subpart
for 2 fiscal years.
20 USC 6561h.

‘‘SEC. 1829. SCHOOL DROPOUT RATE CALCULATION.

‘‘For purposes of calculating an annual school dropout rate
under this subpart, a school shall use the annual event school
dropout rate for students leaving a school in a single year determined in accordance with the National Center for Education Statistics’ Common Core of Data.
20 USC 6561i.

‘‘SEC. 1830. REPORTING AND ACCOUNTABILITY.

‘‘(a) LOCAL EDUCATIONAL AGENCY REPORTS.—
‘‘(1) IN GENERAL.—To receive funds under this subpart
for a fiscal year after the first fiscal year that a local educational
agency receives funds under this subpart, the local educational
agency shall provide, on an annual basis, a report regarding
the status of the implementation of activities funded under
this subpart, and the dropout data for students at schools
assisted under this subpart, disaggregated by race and ethnicity, to the—
‘‘(A) Secretary, if the local educational agency receives
a grant under section 1822(a)(1); or

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‘‘(B) State educational agency, if the local educational
agency receives a subgrant under paragraph (2) or (3)
of section 1822(a).
‘‘(2) DROPOUT DATA.—The dropout data under paragraph
(1) shall include annual school dropout rates for each fiscal
year, starting with the 2 fiscal years before the local educational
agency received funds under this subpart.
‘‘(b) STATE REPORT ON PROGRAM ACTIVITIES.—Each State educational agency receiving funds under this subpart shall provide
to the Secretary, at such time and in such format as the Secretary
may require, information on the status of the implementation of
activities funded under this subpart and outcome data for students
in schools assisted under this subpart.
‘‘(c) ACCOUNTABILITY.—The Secretary shall evaluate the effect
of the activities assisted under this subpart on school dropout
prevention compared, if feasible, to a control group using control
procedures. The Secretary may use funds appropriated for subpart
1 to carry out this evaluation.

‘‘PART I—GENERAL PROVISIONS
‘‘SEC. 1901. FEDERAL REGULATIONS.

20 USC 6571.

‘‘(a) IN GENERAL.—The Secretary may issue such regulations
as are necessary to reasonably ensure that there is compliance
with this title.
‘‘(b) NEGOTIATED RULEMAKING PROCESS.—
‘‘(1) IN GENERAL.—Before publishing in the Federal Register
proposed regulations to carry out this title, the Secretary shall
obtain the advice and recommendations of representatives of
Federal, State, and local administrators, parents, teachers,
paraprofessionals, and members of local school boards and other
organizations involved with the implementation and operation
of programs under this title.
‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.—Such advice
and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information.
‘‘(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 and assessments;
‘‘(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 be conducted in a timely manner to ensure
that final regulations are issued by the Secretary not later

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Federal Register,
publication.

Deadline.

Deadline.

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than 1 year after the date of enactment of the No Child
Left Behind Act of 2001; 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.).
‘‘(5) EMERGENCY SITUATION.—In an emergency situation
in which regulations to carry out this title 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 title, 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.
‘‘(c) LIMITATION.—Regulations to carry out this part may not
require local programs to follow a particular instructional model,
such as the provision of services outside the regular classroom
or school program.
20 USC 6572.

‘‘SEC. 1902. AGREEMENTS AND RECORDS.

‘‘(a) AGREEMENTS.—All published proposed regulations shall
conform to agreements that result from negotiated rulemaking
described in section 1901 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.
‘‘(b) RECORDS.—The Secretary shall ensure that an accurate
and reliable record of agreements reached during the negotiations
process is maintained.
20 USC 6573.

‘‘SEC. 1903. STATE ADMINISTRATION.

‘‘(a) RULEMAKING.—
‘‘(1) IN GENERAL.—Each State that receives funds under
this title shall—
‘‘(A) ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this
title 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;
and
‘‘(D) identify any such rule, regulation, or policy as
a State-imposed requirement.
‘‘(2) SUPPORT AND FACILITATION.—State rules, regulations,
and policies under this title shall support and facilitate local
educational agency and school-level systemic reform designed
to enable all children to meet the challenging State student
academic achievement standards.
‘‘(b) COMMITTEE OF PRACTITIONERS.—
‘‘(1) IN GENERAL.—Each State educational agency that
receives funds under this title shall create a State committee
of practitioners to advise the State in carrying out its responsibilities under this title.

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‘‘(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 title;
‘‘(C) teachers, including vocational educators;
‘‘(D) parents;
‘‘(E) members of local school boards;
‘‘(F) representatives of private school children; and
‘‘(G) pupil services personnel.
‘‘(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 title. 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 title, 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.
‘‘SEC. 1904. LOCAL EDUCATIONAL AGENCY SPENDING AUDITS.

‘‘(a) AUDITS.—The Comptroller General of the United States
shall conduct audits of not less than 6 local educational agencies
that receive funds under part A in each fiscal year to determine
more clearly and specifically how local educational agencies are
expending such funds. Such audits—
‘‘(1) shall be conducted in 6 local educational agencies that
represent the size, ethnic, economic, and geographic diversity
of local educational agencies; and
‘‘(2) shall examine the extent to which funds have been
expended for academic instruction in the core curriculum and
activities unrelated to academic instruction in the core curriculum, such as the payment of janitorial, utility, and other
maintenance services, the purchase and lease of vehicles, and
the payment for travel and attendance costs at conferences.
‘‘(b) REPORT.—Not later than 3 months after the completion
of the audits under subsection (a) each year, the Comptroller General of the United States shall submit a report on each audit
to the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate.
‘‘SEC. 1905. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION,
OR CONTROL.

20 USC 6574.

Deadline.

20 USC 6575.

‘‘Nothing in this title 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.
‘‘SEC. 1906. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

20 USC 6576.

‘‘Nothing in this title shall be construed to mandate equalized
spending per pupil for a State, local educational agency, or school.

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‘‘SEC. 1907. STATE REPORT ON DROPOUT DATA.

20 USC 6577.

‘‘Not later than 1 year after a State educational agency receives
funds under this title, the agency shall report to the Secretary

Deadline.

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and statewide, all school district data regarding annual school dropout rates in the State disaggregated by race and ethnicity according
to procedures that conform with the National Center for Education
Statistics’ Common Core of Data.
20 USC 6578.

‘‘SEC. 1908. REGULATIONS FOR SECTIONS 1111 AND 1116.

Deadline.

‘‘The Secretary shall issue regulations for sections 1111 and
1116 not later than 6 months after the date of enactment of the
No Child Left Behind Act of 2001.’’.

TITLE II—PREPARING, TRAINING, AND
RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS
SEC. 201. TEACHER AND PRINCIPAL TRAINING AND RECRUITING
FUND.

Title II (20 U.S.C. 6601 et seq.) is amended to read as follows:

‘‘TITLE II—PREPARING, TRAINING, AND
RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS
‘‘PART A—TEACHER AND PRINCIPAL TRAINING
AND RECRUITING FUND
20 USC 6601.

‘‘SEC. 2101. PURPOSE.

‘‘The purpose of this part is to provide grants to State educational agencies, local educational agencies, State agencies for
higher education, and eligible partnerships in order to—
‘‘(1) increase student academic achievement through strategies such as improving teacher and principal quality and
increasing the number of highly qualified teachers in the classroom and highly qualified principals and assistant principals
in schools; and
‘‘(2) hold local educational agencies and schools accountable
for improvements in student academic achievement.
20 USC 6602.

‘‘SEC. 2102. DEFINITIONS.

‘‘In this part:
‘‘(1) ARTS AND SCIENCES.—The term ‘arts and sciences’
means—
‘‘(A) when referring to an organizational unit of an
institution of higher education, any academic unit that
offers one or more academic majors in disciplines or content
areas corresponding to the academic subjects in which
teachers teach; and
‘‘(B) when referring to a specific academic subject, the
disciplines or content areas in which an academic major
is offered by an organizational unit described in subparagraph (A).
‘‘(2) CHARTER SCHOOL.—The term ‘charter school’ has the
meaning given the term in section 5210.

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‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term
‘high-need local educational agency’ means a local educational
agency—
‘‘(A)(i) that serves not fewer than 10,000 children from
families with incomes below the poverty line; or
‘‘(ii) for which not less than 20 percent of the children
served by the agency are from families with incomes below
the poverty line; and
‘‘(B)(i) for which there is a high percentage of teachers
not teaching in the academic subjects or grade levels that
the teachers were trained to teach; or
‘‘(ii) for which there is a high percentage of teachers
with emergency, provisional, or temporary certification or
licensing.
‘‘(4) HIGHLY QUALIFIED PARAPROFESSIONAL.—The term
‘highly qualified paraprofessional’ means a paraprofessional
who has not less than 2 years of—
‘‘(A) experience in a classroom; and
‘‘(B) postsecondary education or demonstrated competence in a field or academic subject for which there
is a significant shortage of qualified teachers.
‘‘(5) OUT-OF-FIELD TEACHER.—The term ‘out-of-field teacher’
means a teacher who is teaching an academic subject or a
grade level for which the teacher is not highly qualified.
‘‘(6) PRINCIPAL.—The term ‘principal’ includes an assistant
principal.
‘‘SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.

20 USC 6603.

‘‘(a) GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND
ELIGIBLE PARTNERSHIPS.—There are authorized to be appropriated
to carry out this part (other than subpart 5) $3,175,000,000 for
fiscal year 2002 and such sums as may be necessary for each
of the 5 succeeding fiscal years.
‘‘(b) NATIONAL PROGRAMS.—There are authorized to be appropriated to carry out subpart 5 such sums as may be necessary
for fiscal year 2002 and each of the 5 succeeding fiscal years.

‘‘Subpart 1—Grants to States
‘‘SEC. 2111. ALLOTMENTS TO STATES.

20 USC 6611.

‘‘(a) IN GENERAL.—The Secretary shall make grants to States
with applications approved under section 2112 to pay for the Federal
share of the cost of carrying out the activities specified in section
2113. Each grant shall consist of the allotment determined for
a State under subsection (b).
‘‘(b) DETERMINATION OF ALLOTMENTS.—
‘‘(1) RESERVATION OF FUNDS.—
‘‘(A) IN GENERAL.—From the total amount appropriated
under section 2103(a) for a fiscal year, the Secretary shall
reserve—
‘‘(i) 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
part; and

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‘‘(ii) 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 Affairs.
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) HOLD HARMLESS.—
‘‘(i) IN GENERAL.—Subject to subparagraph (B),
from the funds appropriated under section 2103(a) for
any fiscal year and not reserved under paragraph (1),
the Secretary shall allot to each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico 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 the date of enactment of the
No Child Left Behind Act of 2001); 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).
‘‘(ii) RATABLE REDUCTION.—If the funds described
in clause (i) are insufficient to pay the full amounts
that all States are eligible to receive under clause
(i) for any fiscal year, the Secretary shall ratably reduce
those amounts for the fiscal year.
‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.—
‘‘(i) IN GENERAL.—Subject to clause (ii), for any
fiscal year for which the funds appropriated under
section 2103(a) and not reserved under paragraph (1)
exceed the total amount required to make allotments
under subparagraph (A), the Secretary shall allot to
each of the States described in subparagraph (A) the
sum of—
‘‘(I) an amount that bears the same relationship to 35 percent of the excess amount as the
number of individuals age 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 age 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) EXCEPTION.—No State receiving an allotment
under clause (i) may receive less than one-half of 1
percent of the total excess amount allotted under such
clause for a fiscal year.
‘‘(3) 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.

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‘‘SEC. 2112. STATE APPLICATIONS.

20 USC 6612.

‘‘(a) IN GENERAL.—For a State to be eligible to receive a grant
under this part, the State educational agency shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
‘‘(b) CONTENTS.—Each application submitted under this section
shall include the following:
‘‘(1) A description of how the activities to be carried out
by the State educational agency under this subpart will be
based on a review of scientifically based research and an explanation of why the activities are expected to improve student
academic achievement.
‘‘(2) A description of how the State educational agency
will ensure that a local educational agency receiving a subgrant
to carry out subpart 2 will comply with the requirements of
such subpart.
‘‘(3) A description of how the State educational agency
will ensure that activities assisted under this subpart are
aligned with challenging State academic content and student
academic achievement standards, State assessments, and State
and local curricula.
‘‘(4) A description of how the State educational agency
will use funds under this part to improve the quality of the
State’s teachers and principals.
‘‘(5)(A) A description of how the State educational agency
will coordinate professional development activities authorized
under this part with professional development activities provided under other Federal, State, and local programs.
‘‘(B) A description of the comprehensive strategy that the
State educational agency will use, as part of such coordination
effort, to ensure that teachers are trained in the use of technology so that technology and applications of technology are
effectively used in the classroom to improve teaching and
learning in all curricula and academic subjects, as appropriate.
‘‘(6) A description of how the State educational agency
will encourage the development of proven, innovative strategies
to deliver intensive professional development programs that
are both cost-effective and easily accessible, such as strategies
that involve delivery through the use of technology, peer networks, and distance learning.
‘‘(7)(A) A description of how the State educational agency
will ensure compliance with the requirements for professional
development activities described in section 9101 and how the
activities to be carried out under the grant will be developed
collaboratively and based on the input of teachers, principals,
parents, administrators, paraprofessionals, and other school
personnel.
‘‘(B) In the case of a State in which the State educational
agency is not the entity responsible for teacher professional
standards, certification, and licensing, an assurance that the
State activities carried out under this subpart are carried out
in conjunction with the entity responsible for such standards,
certification, and licensing under State law.
‘‘(8) A description of how the State educational agency
will ensure that the professional development (including teacher

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mentoring) needs of teachers will be met using funds under
this subpart and subpart 2.
‘‘(9) A description of the State educational agency’s annual
measurable objectives under section 1119(a)(2).
‘‘(10) A description of how the State educational agency
will use funds under this part to meet the teacher and paraprofessional requirements of section 1119 and how the State
educational agency will hold local educational agencies accountable for meeting the annual measurable objectives described
in section 1119(a)(2).
‘‘(11) In the case of a State that has a charter school
law that exempts teachers from State certification and licensing
requirements, the specific portion of the State law that provides
for the exemption.
‘‘(12) An assurance that the State educational agency will
comply with section 9501 (regarding participation by private
school children and teachers).
‘‘(c) DEEMED APPROVAL.—An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day period
beginning on the date on which the Secretary received the application, that the application is not in compliance with this subpart.
‘‘(d) DISAPPROVAL.—The Secretary shall not finally disapprove
the application, except after giving the State educational agency
notice and an opportunity for a hearing.
‘‘(e) NOTIFICATION.—If the Secretary finds that the application
is not in compliance, in whole or in part, with this subpart, the
Secretary shall—
‘‘(1) give the State educational agency notice and an opportunity for a hearing; and
‘‘(2) notify the State educational agency of the finding of
noncompliance and, in such notification, shall—
‘‘(A) cite the specific provisions in the application that
are not in compliance; and
‘‘(B) request additional information, only as to the noncompliant provisions, needed to make the application
compliant.
‘‘(f) RESPONSE.—If the State educational agency responds to
the Secretary’s notification described in subsection (e)(2) during
the 45-day period beginning on the date on which the agency
received the notification, and resubmits the application with the
requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the
later of—
‘‘(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
‘‘(2) the expiration of the 120-day period described in subsection (c).
‘‘(g) FAILURE TO RESPOND.—If the State educational agency
does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on
which the agency received the notification, such application shall
be deemed to be disapproved.

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115 STAT. 1625

‘‘SEC. 2113. STATE USE OF FUNDS.

20 USC 6613.

‘‘(a) IN GENERAL.—A State that receives a grant under section
2111 shall—
‘‘(1) reserve 95 percent of the funds made available through
the grant to make subgrants to local educational agencies as
described in subpart 2;
‘‘(2) reserve 2.5 percent (or, for a fiscal year described
in subsection (b), the percentage determined under subsection
(b)) of the funds to make subgrants to local partnerships as
described in subpart 3; and
‘‘(3) use the remainder of the funds for State activities
described in subsection (c).
‘‘(b) SPECIAL RULE.—For any fiscal year for which the total
amount that would be reserved by all States under subsection
(a)(2), if the States applied a 2.5 percentage rate, exceeds
$125,000,000, the Secretary shall determine an alternative percentage that the States shall apply for that fiscal year under subsection
(a)(2) so that the total amount reserved by all States under subsection (a)(2) equals $125,000,000.
‘‘(c) STATE ACTIVITIES.—The State educational agency for a
State that receives a grant under section 2111 shall use the funds
described in subsection (a)(3) to carry out one or more of the
following activities, which may be carried out through a grant
or contract with a for-profit or nonprofit entity:
‘‘(1) Reforming teacher and principal certification (including
recertification) or licensing requirements to ensure that—
‘‘(A)(i) teachers have the necessary subject matter
knowledge and teaching skills in the academic subjects
that the teachers teach; and
‘‘(ii) principals have the instructional leadership skills
to help teachers teach and students learn;
‘‘(B) teacher certification (including recertification) or
licensing requirements are aligned with challenging State
academic content standards; and
‘‘(C) teachers have the subject matter knowledge and
teaching skills, including technology literacy, and principals
have the instructional leadership skills, necessary to help
students meet challenging State student academic achievement standards.
‘‘(2) Carrying out programs that provide support to teachers
or principals, including support for teachers and principals
new to their profession, such as programs that—
‘‘(A) provide teacher mentoring, team teaching, reduced
class schedules, and intensive professional development;
and
‘‘(B) use standards or assessments for guiding beginning teachers that are consistent with challenging State
student academic achievement standards and with the
requirements for professional development activities
described in section 9101.
‘‘(3) Carrying out programs that establish, expand, or
improve alternative routes for State certification of teachers
and principals, especially in the areas of mathematics and
science, for highly qualified individuals with a baccalaureate
or master’s degree, including mid-career professionals from
other occupations, paraprofessionals, former military personnel,

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PUBLIC LAW 107–110—JAN. 8, 2002
and recent college or university graduates with records of academic distinction who demonstrate the potential to become
highly effective teachers or principals.
‘‘(4) Developing and implementing mechanisms to assist
local educational agencies and schools in effectively recruiting
and retaining highly qualified teachers, including specialists
in core academic subjects, principals, and pupil services personnel, except that funds made available under this paragraph
may be used for pupil services personnel only—
‘‘(A) if the State educational agency is making progress
toward meeting the annual measurable objectives described
in section 1119(a)(2); and
‘‘(B) in a manner consistent with mechanisms to assist
local educational agencies and schools in effectively
recruiting and retaining highly qualified teachers and principals.
‘‘(5) Reforming tenure systems, implementing teacher
testing for subject matter knowledge, and implementing teacher
testing for State certification or licensing, consistent with title
II of the Higher Education Act of 1965.
‘‘(6) Providing professional development for teachers and
principals and, in cases in which a State educational agency
determines support to be appropriate, supporting the participation of pupil services personnel in the same type of professional
development activities as are made available to teachers and
principals.
‘‘(7) Developing systems to measure the effectiveness of
specific professional development programs and strategies to
document gains in student academic achievement or increases
in teacher mastery of the academic subjects the teachers teach.
‘‘(8) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration of the programs carried out under this part, including provision of technical assistance to local educational agencies.
‘‘(9) Funding projects to promote reciprocity of teacher and
principal certification or licensing between or among States,
except that no reciprocity agreement developed under this paragraph or developed using funds provided under this part may
lead to the weakening of any State teaching certification or
licensing requirement.
‘‘(10) Developing or assisting local educational agencies in
the development and use of proven, innovative strategies to
deliver intensive professional development programs that are
both cost-effective and easily accessible, such as strategies that
involve delivery through the use of technology, peer networks,
and distance learning.
‘‘(11) Encouraging and supporting the training of teachers
and administrators to effectively integrate technology into curricula and instruction, including training to improve the ability
to collect, manage, and analyze data to improve teaching,
decisionmaking, school improvement efforts, and accountability.
‘‘(12) Developing, or assisting local educational agencies
in developing, merit-based performance systems, and strategies
that provide differential and bonus pay for teachers in highneed academic subjects such as reading, mathematics, and
science and teachers in high-poverty schools and districts.

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115 STAT. 1627

‘‘(13) Providing assistance to local educational agencies for
the development and implementation of professional development programs for principals that enable the principals to
be effective school leaders and prepare all students to meet
challenging State academic content and student academic
achievement standards, and the development and support of
school leadership academies to help exceptionally talented
aspiring or current principals and superintendents become outstanding managers and educational leaders.
‘‘(14) Developing, or assisting local educational agencies
in developing, teacher advancement initiatives that promote
professional growth and emphasize multiple career paths (such
as paths to becoming a career teacher, mentor teacher, or
exemplary teacher) and pay differentiation.
‘‘(15) Providing assistance to teachers to enable them to
meet certification, licensing, or other requirements needed to
become highly qualified by the end of the fourth year for which
the State receives funds under this part (as amended by the
No Child Left Behind Act of 2001).
‘‘(16) Supporting activities that ensure that teachers are
able to use challenging State academic content standards and
student academic achievement standards, and State assessments, to improve instructional practices and improve student
academic achievement.
‘‘(17) Funding projects and carrying out programs to encourage men to become elementary school teachers.
‘‘(18) Establishing and operating a center that—
‘‘(A) serves as a statewide clearinghouse for the recruitment and placement of kindergarten, elementary school,
and secondary school teachers; and
‘‘(B) establishes and carries out programs to improve
teacher recruitment and retention within the State.
‘‘(d) ADMINISTRATIVE COSTS.—A State educational agency or
State agency for higher education receiving a grant under this
part may use not more than 1 percent of the grant funds for
planning and administration related to carrying out activities under
subsection (c) and subpart 3.
‘‘(e) COORDINATION.—A State that receives a grant to carry
out this subpart and a grant under section 202 of the Higher
Education Act of 1965 shall coordinate the activities carried out
under this subpart and the activities carried out under that section.
‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds received under this
subpart shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be used for activities authorized under
this subpart.

‘‘Subpart 2—Subgrants to Local Educational
Agencies
‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

20 USC 6621.

‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) IN GENERAL.—The Secretary may make a grant to
a State under subpart 1 only if the State educational agency
agrees to distribute the funds described in this subsection as
subgrants to local educational agencies under this subpart.
‘‘(2) HOLD HARMLESS.—

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(A) IN GENERAL.—From the funds reserved by a State
under section 2113(a)(1), the State educational agency shall
allocate to each local educational agency in the State an
amount equal to the total amount that such agency received
for fiscal year 2001 under—
‘‘(i) section 2203(1)(B) of this Act (as in effect on
the day before the date of enactment of the No Child
Left Behind Act of 2001); 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) NONPARTICIPATING AGENCIES.—In the case of a
local educational agency that did not receive any funds
for fiscal year 2001 under one or both of the provisions
referred to in clauses (i) and (ii) of subparagraph (A),
the amount allocated to the agency under such subparagraph shall be the total amount that the agency would
have received for fiscal year 2001 if the agency had elected
to participate in all of the programs for which the agency
was eligible under each of the provisions referred to in
those clauses.
‘‘(C) RATABLE REDUCTION.—If the funds described in
subparagraph (A) are insufficient to pay the full amounts
that all local educational agencies in the State are eligible
to receive under subparagraph (A) for any fiscal year, the
State educational agency shall ratably reduce such amounts
for the fiscal year.
‘‘(3) ALLOCATION OF ADDITIONAL FUNDS.—For any fiscal
year for which the funds reserved by a State under section
2113(a)(1) exceed the total amount required to make allocations
under paragraph (2), the State educational agency shall allocate
to each of the eligible local educational agencies in the State
the sum of—
‘‘(A) an amount that bears the same relationship to
20 percent of the excess amount as the number of individuals age 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 the local educational agencies in the State, as so determined; and
‘‘(B) an amount that bears the same relationship to
80 percent of the excess amount as the number of individuals age 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 local educational agencies in the State, as so determined.

20 USC 6622.

‘‘SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.

‘‘(a) IN GENERAL.—To be eligible to receive a subgrant under
this subpart, 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.

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115 STAT. 1629

‘‘(b) CONTENTS.—Each application submitted under this section
shall be based on the needs assessment required in subsection
(c) and shall include the following:
‘‘(1)(A) A description of the activities to be carried out
by the local educational agency under this subpart and how
these activities will be aligned with—
‘‘(i) challenging State academic content standards and
student academic achievement standards, and State assessments; and
‘‘(ii) the curricula and programs tied to the standards
described in clause (i).
‘‘(B) A description of how the activities will be based on
a review of scientifically based research and an explanation
of why the activities are expected to improve student academic
achievement.
‘‘(2) A description of how the activities will have a substantial, measurable, and positive impact on student academic
achievement and how the activities will be used as part of
a broader strategy to eliminate the achievement gap that separates low-income and minority students from other students.
‘‘(3) An assurance that the local educational agency will
target funds to schools within the jurisdiction of the local educational agency that—
‘‘(A) have the lowest proportion of highly qualified
teachers;
‘‘(B) have the largest average class size; or
‘‘(C) are identified for school improvement under section 1116(b).
‘‘(4) A description of how the local educational agency will
coordinate professional development activities authorized under
this subpart with professional development activities provided
through other Federal, State, and local programs.
‘‘(5) A description of the professional development activities
that will be made available to teachers and principals under
this subpart and how the local educational agency will ensure
that the professional development (which may include teacher
mentoring) needs of teachers and principals will be met using
funds under this subpart.
‘‘(6) A description of how the local educational agency will
integrate funds under this subpart with funds received under
part D that are used for professional development to train
teachers to integrate technology into curricula and instruction
to improve teaching, learning, and technology literacy.
‘‘(7) A description of how the local educational agency,
teachers, paraprofessionals, principals, other relevant school
personnel, and parents have collaborated in the planning of
activities to be carried out under this subpart and in the
preparation of the application.
‘‘(8) A description of the results of the needs assessment
described in subsection (c).
‘‘(9) A description of how the local educational agency will
provide training to enable teachers to—
‘‘(A) teach and address the needs of students with
different learning styles, particularly students with disabilities, students with special learning needs (including students who are gifted and talented), and students with
limited English proficiency;

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(B) improve student behavior in the classroom and
identify early and appropriate interventions to help students described in subparagraph (A) learn;
‘‘(C) involve parents in their child’s education; and
‘‘(D) understand and use data and assessments to
improve classroom practice and student learning.
‘‘(10) A description of how the local educational agency
will use funds under this subpart to meet the requirements
of section 1119.
‘‘(11) An assurance that the local educational agency will
comply with section 9501 (regarding participation by private
school children and teachers).
‘‘(c) NEEDS ASSESSMENT.—
‘‘(1) IN GENERAL.—To be eligible to receive a subgrant under
this subpart, a local educational agency shall conduct an assessment of local needs for professional development and hiring,
as identified by the local educational agency and school staff.
‘‘(2) REQUIREMENTS.—Such needs assessment shall be conducted with the involvement of teachers, including teachers
participating in programs under part A of title I, and shall
take into account the activities that need to be conducted in
order to give teachers the means, including subject matter
knowledge and teaching skills, and to give principals the
instructional leadership skills to help teachers, to provide students with the opportunity to meet challenging State and local
student academic achievement standards.

20 USC 6623.

‘‘SEC. 2123. LOCAL USE OF FUNDS.

‘‘(a) IN GENERAL.—A local educational agency that receives
a subgrant under section 2121 shall use the funds made available
through the subgrant to carry out one or more of the following
activities, including carrying out the activities through a grant
or contract with a for-profit or nonprofit entity:
‘‘(1) Developing and implementing mechanisms to assist
schools in effectively recruiting and retaining highly qualified
teachers, including specialists in core academic subjects, principals, and pupil services personnel, except that funds made
available under this paragraph may be used for pupil services
personnel only—
‘‘(A) if the local educational agency is making progress
toward meeting the annual measurable objectives described
in section 1119(a)(2); and
‘‘(B) in a manner consistent with mechanisms to assist
schools in effectively recruiting and retaining highly qualified teachers and principals.
‘‘(2) Developing and implementing initiatives to assist in
recruiting highly qualified teachers (particularly initiatives that
have proven effective in retaining highly qualified teachers),
and hiring highly qualified teachers, who will be assigned
teaching positions within their fields, including—
‘‘(A) providing scholarships, signing bonuses, or other
financial incentives, such as differential pay, for teachers
to teach—
‘‘(i) in academic subjects in which there exists a
shortage of highly qualified teachers within a school
or within the local educational agency; and

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‘‘(ii) in schools in which there exists a shortage
of highly qualified teachers;
‘‘(B) recruiting and hiring highly qualified teachers
to reduce class size, particularly in the early grades; and
‘‘(C) establishing programs that—
‘‘(i) train and hire regular and special education
teachers (which may include hiring special education
teachers to team-teach in classrooms that contain both
children with disabilities and nondisabled children);
‘‘(ii) train and hire highly qualified teachers of
special needs children, as well as teaching specialists
in core academic subjects who will provide increased
individualized instruction to students;
‘‘(iii) recruit qualified professionals from other
fields, including highly qualified paraprofessionals, and
provide such professionals with alternative routes to
teacher certification, including developing and implementing hiring policies that ensure comprehensive
recruitment efforts as a way to expand the applicant
pool, such as through identifying teachers certified
through alternative routes, and using a system of
intensive screening designed to hire the most qualified
applicants; and
‘‘(iv) provide increased opportunities for minorities,
individuals with disabilities, and other individuals
underrepresented in the teaching profession.
‘‘(3) Providing professional development activities—
‘‘(A) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals,
concerning—
‘‘(i) one or more of the core academic subjects that
the teachers teach; and
‘‘(ii) effective instructional strategies, methods, and
skills, and use of challenging State academic content
standards and student academic achievement standards, and State assessments, to improve teaching practices and student academic achievement; and
‘‘(B) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals, concerning effective instructional practices and that—
‘‘(i) involve collaborative groups of teachers and
administrators;
‘‘(ii) provide training in how to teach and address
the needs of students with different learning styles,
particularly students with disabilities, students with
special learning needs (including students who are
gifted and talented), and students with limited English
proficiency;
‘‘(iii) provide training in methods of—
‘‘(I) improving student behavior in the classroom; and
‘‘(II) identifying early and appropriate interventions to help students described in clause (ii)
learn;
‘‘(iv) provide training to enable teachers and principals to involve parents in their child’s education,

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PUBLIC LAW 107–110—JAN. 8, 2002
especially parents of limited English proficient and
immigrant children; and
‘‘(v) provide training on how to understand and
use data and assessments to improve classroom practice and student learning.
‘‘(4) Developing and implementing initiatives to promote
retention of highly qualified teachers and principals, particularly within elementary schools and secondary schools with
a high percentage of low-achieving students, including programs that provide—
‘‘(A) teacher mentoring from exemplary teachers, principals, or superintendents;
‘‘(B) induction and support for teachers and principals
during their first 3 years of employment as teachers or
principals, respectively;
‘‘(C) incentives, including financial incentives, to retain
teachers who have a record of success in helping lowachieving students improve their academic achievement;
or
‘‘(D) incentives, including financial incentives, to principals who have a record of improving the academic
achievement of all students, but particularly students from
economically disadvantaged families, students from racial
and ethnic minority groups, and students with disabilities.
‘‘(5) Carrying out programs and activities that are designed
to improve the quality of the teacher force, such as—
‘‘(A) innovative professional development programs
(which may be provided through partnerships including
institutions of higher education), including programs that
train teachers and principals to integrate technology into
curricula and instruction to improve teaching, learning,
and technology literacy, are consistent with the requirements of section 9101, and are coordinated with activities
carried out under part D;
‘‘(B) development and use of proven, cost-effective
strategies for the implementation of professional development activities, such as through the use of technology
and distance learning;
‘‘(C) tenure reform;
‘‘(D) merit pay programs; and
‘‘(E) testing of elementary school and secondary school
teachers in the academic subjects that the teachers teach.
‘‘(6) Carrying out professional development activities
designed to improve the quality of principals and superintendents, including the development and support of academies to
help talented aspiring or current principals and superintendents become outstanding managers and educational leaders.
‘‘(7) Hiring highly qualified teachers, including teachers
who become highly qualified through State and local alternative
routes to certification, and special education teachers, in order
to reduce class size, particularly in the early grades.
‘‘(8) Carrying out teacher advancement initiatives that promote professional growth and emphasize multiple career paths
(such as paths to becoming a career teacher, mentor teacher,
or exemplary teacher) and pay differentiation.
‘‘(10) Carrying out programs and activities related to exemplary teachers.

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‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds received under this
subpart shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be used for activities authorized under
this subpart.

‘‘Subpart 3—Subgrants to Eligible Partnerships
‘‘SEC. 2131. DEFINITIONS.

20 USC 6631.

‘‘In this subpart:
‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’
means an entity that—
‘‘(A) shall include—
‘‘(i) a private or State institution of higher education and the division of the institution that prepares
teachers and principals;
‘‘(ii) a school of arts and sciences; and
‘‘(iii) a high-need local educational agency; and
‘‘(B) may include another local educational agency, a
public charter school, an elementary school or secondary
school, an educational service agency, a nonprofit educational organization, another institution of higher education, a school of arts and sciences within such an institution, the division of such an institution that prepares
teachers and principals, a nonprofit cultural organization,
an entity carrying out a prekindergarten program, a
teacher organization, a principal organization, or a business.
‘‘(2) LOW-PERFORMING SCHOOL.—The term ‘low-performing
school’ means an elementary school or secondary school that
is identified under section 1116.
20 USC 6632.

‘‘SEC. 2132. SUBGRANTS.

‘‘(a) IN GENERAL.—The State agency for higher education for
a State that receives a grant under section 2111, working in conjunction with the State educational agency (if such agencies are separate), shall use the funds reserved under section 2113(a)(2) to
make subgrants, on a competitive basis, to eligible partnerships
to enable such partnerships to carry out the activities described
in section 2134.
‘‘(b) DISTRIBUTION.—The State agency for higher education shall
ensure that—
‘‘(1) such subgrants are equitably distributed by geographic
area within a State; or
‘‘(2) eligible partnerships in all geographic areas within
the State are served through the subgrants.
‘‘(c) SPECIAL RULE.—No single participant in an eligible partnership may use more than 50 percent of the funds made available
to the partnership under this section.
‘‘SEC. 2133. APPLICATIONS.

20 USC 6633.

‘‘To be eligible to receive a subgrant under this subpart, an
eligible partnership shall submit an application to the State agency
for higher education at such time, in such manner, and containing
such information as the agency may require.
‘‘SEC. 2134. USE OF FUNDS.

20 USC 6634.

‘‘(a) IN GENERAL.—An eligible partnership that receives a
subgrant under section 2132 shall use the subgrant funds for—

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‘‘(1) professional development activities in core academic
subjects to ensure that—
‘‘(A) teachers and highly qualified paraprofessionals,
and, if appropriate, principals have subject matter knowledge in the academic subjects that the teachers teach,
including the use of computer related technology to enhance
student learning; and
‘‘(B) principals have the instructional leadership skills
that will help such principals work most effectively with
teachers to help students master core academic subjects;
and
‘‘(2) developing and providing assistance to local educational agencies and individuals who are teachers, highly
qualified paraprofessionals, or principals of schools served by
such agencies, for sustained, high-quality professional development activities that—
‘‘(A) ensure that the individuals are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to
improve instructional practices and improve student academic achievement;
‘‘(B) may include intensive programs designed to prepare such individuals who will return to a school to provide
instruction related to the professional development
described in subparagraph (A) to other such individuals
within such school; and
‘‘(C) may include activities of partnerships between
one or more local educational agencies, one or more schools
served by such local educational agencies, and one or more
institutions of higher education for the purpose of
improving teaching and learning at low-performing schools.
‘‘(b) COORDINATION.—An eligible partnership that receives a
subgrant to carry out this subpart and a grant under section 203
of the Higher Education Act of 1965 shall coordinate the activities
carried out under this subpart and the activities carried out under
that section 203.

‘‘Subpart 4—Accountability
20 USC 6641.

‘‘SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY.

‘‘(a) IMPROVEMENT PLAN.—After the second year of the plan
described in section 1119(a)(2), if a State educational agency determines, based on the reports described in section 1119(b)(1), that
a local educational agency in the State has failed to make progress
toward meeting the annual measurable objectives described in section 1119(a)(2), for 2 consecutive years, such local educational
agency shall develop an improvement plan that will enable the
agency to meet such annual measurable objectives and that specifically addresses issues that prevented the agency from meeting
such annual measurable objectives.
‘‘(b) TECHNICAL ASSISTANCE.—During the development of the
improvement plan described in subsection (a) and throughout
implementation of the plan, the State educational agency shall—
‘‘(1) provide technical assistance to the local educational
agency; and
‘‘(2) provide technical assistance, if applicable, to schools
served by the local educational agency that need assistance

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to enable the local educational agency to meet the annual
measurable objectives described in section 1119(a)(2).
‘‘(c) ACCOUNTABILITY.—After the third year of the plan described
in section 1119(a)(2), if the State educational agency determines,
based on the reports described in section 1119(b)(1), that the local
educational agency has failed to make progress toward meeting
the annual measurable objectives described in section 1119(a)(2),
and has failed to make adequate yearly progress as described under
section 1111(b)(2)(B), for 3 consecutive years, the State educational
agency shall enter into an agreement with such local educational
agency on the use of that agency’s funds under this part. As part
of this agreement, the State educational agency—
‘‘(1) shall develop, in conjunction with the local educational
agency, teachers, and principals, professional development
strategies and activities, based on scientifically based research,
that the local educational agency will use to meet the annual
measurable objectives described in section 1119(a)(2) and
require such agency to utilize such strategies and activities;
and
‘‘(2)(A) except as provided in subparagraphs (B) and (C),
shall prohibit the use of funds received under part A of title
I to fund any paraprofessional hired after the date such determination is made;
‘‘(B) shall allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency
can demonstrate that the hiring is to fill a vacancy created
by the departure of another paraprofessional funded under
title I and such new paraprofessional satisfies the requirements
of section 1119(c); and
‘‘(C) may allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency
can demonstrate—
‘‘(i) that a significant influx of population has substantially increased student enrollment; or
‘‘(ii) that there is an increased need for translators
or assistance with parental involvement activities.
‘‘(d) SPECIAL RULE.—During the development of the strategies
and activities described in subsection (c)(1), the State educational
agency shall, in conjunction with the local educational agency,
provide from funds allocated to such local educational agency under
subpart 2 directly to one or more schools served by such local
educational agency, to enable teachers at the schools to choose,
with continuing consultation with the principal involved, professional development activities that—
‘‘(1) meet the requirements for professional development
activities described in section 9101; and
‘‘(2) are coordinated with other reform efforts at the schools.

Contracts.

‘‘Subpart 5—National Activities
‘‘SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.

20 USC 6651.

‘‘(a) NATIONAL TEACHER RECRUITMENT CAMPAIGN.—The Secretary is authorized to establish and carry out a national teacher
recruitment campaign, which may include activities carried out
through the National Teacher Recruitment Clearinghouse, to assist

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high-need local educational agencies in recruiting teachers (particularly those activities that are effective in retaining new teachers)
and training teachers and to conduct a national public service
campaign concerning the resources for, and the routes to, entering
the field of teaching. In carrying out the campaign, the Secretary
may promote and link the activities of the campaign to the information and referral activities of the National Teacher Recruitment
Clearinghouse. The Secretary shall coordinate activities under this
subsection with State and regional recruitment activities.
‘‘(b) SCHOOL LEADERSHIP.—
‘‘(1) IN GENERAL.—The Secretary is authorized to establish
and carry out a national principal recruitment program to
assist high-need local educational agencies in recruiting and
training principals (including assistant principals) through such
activities as—
‘‘(A) providing financial incentives to aspiring new principals;
‘‘(B) providing stipends to principals who mentor new
principals;
‘‘(C) carrying out professional development programs
in instructional leadership and management; and
‘‘(D) providing incentives that are appropriate for
teachers or individuals from other fields who want to
become principals and that are effective in retaining new
principals.
‘‘(2) GRANTS.—If the Secretary uses sums made available
under section 2103(b) to carry out paragraph (1), the Secretary
shall carry out such paragraph by making grants, on a competitive basis, to—
‘‘(A) high-need local educational agencies;
‘‘(B) consortia of high-need local educational agencies;
and
‘‘(C) partnerships of high-need local educational agencies, nonprofit organizations, and institutions of higher education.
‘‘(c) ADVANCED CERTIFICATION OR ADVANCED CREDENTIALING.—
‘‘(1) IN GENERAL.—The Secretary is authorized to support
activities to encourage and support teachers seeking advanced
certification or advanced credentialing through high quality
professional teacher enhancement programs designed to
improve teaching and learning.
‘‘(2) IMPLEMENTATION.—In carrying out paragraph (1), the
Secretary shall make grants to eligible entities to—
‘‘(A) develop teacher standards that include measures
tied to increased student academic achievement; and
‘‘(B) promote outreach, teacher recruitment, teacher
subsidy, or teacher support programs, related to teacher
certification or credentialing by the National Board for
Professional Teaching Standards, the National Council on
Teacher Quality, or other nationally recognized certification
or credentialing organizations.
‘‘(3) ELIGIBLE ENTITIES.—In this subsection, the term
‘eligible entity’ includes—
‘‘(A) a State educational agency;
‘‘(B) a local educational agency;

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‘‘(C) the National Board for Professional Teaching
Standards, in partnership with a high-need local educational agency or a State educational agency;
‘‘(D) the National Council on Teacher Quality, in partnership with a high-need local educational agency or a
State educational agency; or
‘‘(E) another recognized entity, including another recognized certification or credentialing organization, in partnership with a high-need local educational agency or a State
educational agency.
‘‘(d) SPECIAL EDUCATION TEACHER TRAINING.—The Secretary
is authorized to award a grant to the University of Northern Colorado to enable such university to provide, to other institutions
of higher education, assistance in training special education
teachers.
‘‘(e) EARLY CHILDHOOD EDUCATOR PROFESSIONAL DEVELOPMENT.—
‘‘(1) PURPOSE.—The purpose of this subsection is to enhance
the school readiness of young children, particularly disadvantaged young children, and to prevent young children from
encountering difficulties once the children enter school, by
improving the knowledge and skills of early childhood educators
who work in communities that have high concentrations of
children living in poverty.
‘‘(2) PROGRAM AUTHORIZED.—
‘‘(A) GRANTS TO PARTNERSHIPS.—The Secretary is
authorized to carry out the purpose of this subsection by
awarding grants, on a competitive basis, to partnerships
consisting of—
‘‘(i)(I) one or more institutions of higher education
that provide professional development for early childhood educators who work with children from lowincome families in high-need communities; or
‘‘(II) another public or private entity that provides
such professional development;
‘‘(ii) one or more public agencies (including local
educational agencies, State educational agencies, State
human services agencies, and State and local agencies
administering programs under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858
et seq.), Head Start agencies, or private organizations;
and
‘‘(iii) to the extent feasible, an entity with demonstrated experience in providing training to educators
in early childhood education programs concerning
identifying and preventing behavior problems or
working with children identified as or suspected to
be victims of abuse.
‘‘(B) DURATION AND NUMBER OF GRANTS.—
‘‘(i) DURATION.—The Secretary shall award grants
under this subsection for periods of not more than
4 years.
‘‘(ii) NUMBER.—No partnership may receive more
than one grant under this subsection.
‘‘(3) APPLICATIONS.—
‘‘(A) APPLICATIONS REQUIRED.—Any partnership that
desires to receive a grant under this subsection shall submit

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an application to the Secretary at such time, in such
manner, and containing such information as the Secretary
may require.
‘‘(B) CONTENTS.—Each such application shall include—
‘‘(i) a description of the high-need community to
be served by the project proposed to be carried out
through the grant, including such demographic and
socioeconomic information as the Secretary may
request;
‘‘(ii) information on the quality of the early childhood educator professional development program currently conducted (as of the date of the submission
of the application) by the institution of higher education or another provider in the partnership;
‘‘(iii) the results of a needs assessment that the
entities in the partnership have undertaken to determine the most critical professional development needs
of the early childhood educators to be served by the
partnership and in the broader community, and a
description of how the proposed project will address
those needs;
‘‘(iv) a description of how the proposed project will
be carried out, including a description of—
‘‘(I) how individuals will be selected to participate;
‘‘(II) the types of professional development
activities, based on scientifically based research,
that will be carried out;
‘‘(III) how research on effective professional
development and on adult learning will be used
to design and deliver project activities;
‘‘(IV) how the project will be coordinated with
and build on, and will not supplant or duplicate,
early childhood education professional development activities in the high-need community;
‘‘(V) how the project will train early childhood
educators to provide developmentally appropriate
school-readiness services that are based on the
best available research on early childhood pedagogy and child development and learning domains;
‘‘(VI) how the project will train early childhood
educators to meet the diverse educational needs
of children in the community, including children
who have limited English proficiency, children
with disabilities, or children with other special
needs; and
‘‘(VII) how the project will train early childhood educators in identifying and preventing
behavioral problems in children or working with
children identified as or suspected to be victims
of abuse;
‘‘(v) a description of—
‘‘(I) the specific objectives that the partnership
will seek to attain through the project, and the
methods that the partnership will use to measure
progress toward attainment of those objectives;
and

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115 STAT. 1639

‘‘(II) how the objectives and the measurement
methods align with the achievement indicators
established by the Secretary under paragraph
(6)(A);
‘‘(vi) a description of the partnership’s plan for
continuing the activities carried out under the project
after Federal funding ceases;
‘‘(vii) an assurance that, where applicable, the
project will provide appropriate professional development to volunteers working directly with young children, as well as to paid staff; and
‘‘(viii) an assurance that, in developing the application and in carrying out the project, the partnership
has consulted with, and will consult with, relevant
agencies, early childhood educator organizations, and
early childhood providers that are not members of the
partnership.
‘‘(4) SELECTION OF GRANT RECIPIENTS.—
‘‘(A) CRITERIA.—The Secretary shall select partnerships
to receive grants under this subsection on the basis of
the degree to which the communities proposed to be served
require assistance and the quality of the applications submitted under paragraph (3).
‘‘(B) GEOGRAPHIC DISTRIBUTION.—In selecting partnerships to receive grants under this subsection, the Secretary
shall seek to ensure that communities in different regions
of the Nation, as well as both urban and rural communities,
are served.
‘‘(5) USES OF FUNDS.—
‘‘(A) IN GENERAL.—Each partnership receiving a grant
under this subsection shall use the grant funds to carry
out activities that will improve the knowledge and skills
of early childhood educators who are working in early
childhood programs that are located in high-need communities and serve concentrations of children from low-income
families.
‘‘(B) ALLOWABLE ACTIVITIES.—Such activities may
include—
‘‘(i) professional development for early childhood
educators, particularly to familiarize those educators
with the application of recent research on child, language, and literacy development and on early childhood
pedagogy;
‘‘(ii) professional development for early childhood
educators in working with parents, so that the educators and parents can work together to provide and
support developmentally appropriate school-readiness
services that are based on scientifically based research
on early childhood pedagogy and child development
and learning domains;
‘‘(iii) professional development for early childhood
educators to work with children who have limited
English proficiency, children with disabilities, and children with other special needs;

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(iv) professional development to train early childhood educators in identifying and preventing behavioral problems in children or working with children
identified as or suspected to be victims of abuse;
‘‘(v) activities that assist and support early childhood educators during their first 3 years in the field;
‘‘(vi) development and implementation of early
childhood educator professional development programs
that make use of distance learning and other technologies;
‘‘(vii) professional development activities related
to the selection and use of screening and diagnostic
assessments to improve teaching and learning; and
‘‘(viii) data collection, evaluation, and reporting
needed to meet the requirements of paragraph (6)
relating to accountability.
‘‘(6) ACCOUNTABILITY.—
‘‘(A) ACHIEVEMENT INDICATORS.—On the date on which
the Secretary first issues a notice soliciting applications
for grants under this subsection, the Secretary shall
announce achievement indicators for this subsection, which
shall be designed—
‘‘(i) to measure the quality and accessibility of
the professional development provided;
‘‘(ii) to measure the impact of that professional
development on the early childhood education provided
by the individuals who receive the professional development; and
‘‘(iii) to provide such other measures of program
impact as the Secretary determines to be appropriate.
‘‘(B) ANNUAL REPORTS; TERMINATION.—
‘‘(i) ANNUAL REPORTS.—Each partnership receiving
a grant under this subsection shall report annually
to the Secretary on the partnership’s progress toward
attaining the achievement indicators.
‘‘(ii) TERMINATION.—The Secretary may terminate
a grant under this subsection at any time if the Secretary determines that the partnership receiving the
grant is not making satisfactory progress toward
attaining the achievement indicators.
‘‘(7) COST-SHARING.—
‘‘(A) IN GENERAL.—Each partnership carrying out a
project through a grant awarded under this subsection
shall provide, from sources other than the program carried
out under this subsection, which may include Federal
sources—
‘‘(i) at least 50 percent of the total cost of the
project for the grant period; and
‘‘(ii) at least 20 percent of the project cost for
each year.
‘‘(B) ACCEPTABLE CONTRIBUTIONS.—A partnership may
meet the requirements of subparagraph (A) by providing
contributions in cash or in kind, fairly evaluated, including
plant, equipment, and services.
‘‘(C) WAIVERS.—The Secretary may waive or modify
the requirements of subparagraph (A) for partnerships in
cases of demonstrated financial hardship.

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115 STAT. 1641

‘‘(8) FEDERAL COORDINATION.—The Secretary and the Secretary of Health and Human Services shall coordinate activities
carried out through programs under this subsection with activities carried out through other early childhood programs
administered by the Secretary or the Secretary of Health and
Human Services.
‘‘(9) DEFINITIONS.—In this subsection:
‘‘(A) EARLY CHILDHOOD EDUCATOR.—The term ‘early
childhood educator’ means a person providing, or employed
by a provider of, nonresidential child care services
(including center-based, family-based, and in-home child
care services) that is legally operating under State law,
and that complies with applicable State and local requirements for the provision of child care services to children
at any age from birth through the age at which a child
may start kindergarten in that State.
‘‘(B) HIGH-NEED COMMUNITY.—
‘‘(i) IN GENERAL.—The term ‘high-need community’
means—
‘‘(I) a political subdivision of a State, or a
portion of a political subdivision of a State, in
which at least 50 percent of the children are from
low-income families; or
‘‘(II) a political subdivision of a State that
is among the 10 percent of political subdivisions
of the State having the greatest numbers of such
children.
‘‘(ii) DETERMINATION.—In determining which
communities are described in clause (i), the Secretary
shall use such data as the Secretary determines are
most accurate and appropriate.
‘‘(C) LOW-INCOME FAMILY.—The term ‘low-income
family’ means a family with an income below the poverty
line for the most recent fiscal year for which satisfactory
data are available.
‘‘(f) TEACHER MOBILITY.—
‘‘(1) ESTABLISHMENT.—The Secretary is authorized to establish a panel to be known as the National Panel on Teacher
Mobility (referred to in this subsection as the ‘panel’).
‘‘(2) MEMBERSHIP.—The panel shall be composed of 12 members appointed by the Secretary. The Secretary shall appoint
the members from among practitioners and experts with experience relating to teacher mobility, such as teachers, members
of teacher certification or licensing bodies, faculty of institutions
of higher education that prepare teachers, and State policymakers with such experience.
‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall
be appointed for the life of the panel. Any vacancy in the
panel shall not affect the powers of the panel, but shall be
filled in the same manner as the original appointment.
‘‘(4) DUTIES.—
‘‘(A) STUDY.—
‘‘(i) IN GENERAL.—The panel shall study strategies
for increasing mobility and employment opportunities
for highly qualified teachers, especially for States with
teacher shortages and States with school districts or
schools that are difficult to staff.

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‘‘(ii) DATA AND ANALYSIS.—As part of the study,
the panel shall evaluate the desirability and feasibility
of State initiatives that support teacher mobility by
collecting data and conducting effective analysis
concerning—
‘‘(I) teacher supply and demand;
‘‘(II) the development of recruitment and
hiring strategies that support teachers; and
‘‘(III) increasing reciprocity of certification and
licensing across States.
‘‘(B) REPORT.—Not later than 1 year after the date
on which all members of the panel have been appointed,
the panel shall submit to the Secretary and to the appropriate committees of Congress a report containing the
results of the study.
‘‘(5) POWERS.—
‘‘(A) HEARINGS.—The panel may hold such hearings,
sit and act at such times and places, take such testimony,
and receive such evidence as the panel considers advisable
to carry out the objectives of this subsection.
‘‘(B) INFORMATION FROM FEDERAL AGENCIES.—The
panel may secure directly from any Federal department
or agency such information as the panel considers necessary to carry out the provisions of this subsection. Upon
request of a majority of the members of the panel, the
head of such department or agency shall furnish such
information to the panel.
‘‘(C) POSTAL SERVICES.—The panel may use the United
States mails in the same manner and under the same
conditions as other departments and agencies of the Federal Government.
‘‘(6) PERSONNEL.—
‘‘(A) TRAVEL EXPENSES.—The members of the panel
shall not receive compensation for the performance of services for the panel, but shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their
homes or regular places of business in the performance
of services for the panel. Notwithstanding section 1342
of title 31, United States Code, the Secretary may accept
the voluntary and uncompensated services of members of
the panel.
‘‘(B) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal
Government employee may be detailed to the panel without
reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
‘‘(7) PERMANENT COMMITTEE.—Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to
the panel.

Deadline.

‘‘PART B—MATHEMATICS AND SCIENCE
PARTNERSHIPS
20 USC 6661.

‘‘SEC. 2201. PURPOSE; DEFINITIONS.

‘‘(a) PURPOSE.—The purpose of this part is to improve the
academic achievement of students in the areas of mathematics

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and science by encouraging State educational agencies, institutions
of higher education, local educational agencies, elementary schools,
and secondary schools to participate in programs that—
‘‘(1) improve and upgrade the status and stature of mathematics and science teaching by encouraging institutions of
higher education to assume greater responsibility for improving
mathematics and science teacher education through the
establishment of a comprehensive, integrated system of
recruiting, training, and advising mathematics and science
teachers;
‘‘(2) focus on the education of mathematics and science
teachers as a career-long process that continuously stimulates
teachers’ intellectual growth and upgrades teachers’ knowledge
and skills;
‘‘(3) bring mathematics and science teachers in elementary
schools and secondary schools together with scientists, mathematicians, and engineers to increase the subject matter knowledge of mathematics and science teachers and improve such
teachers’ teaching skills through the use of sophisticated laboratory equipment and work space, computing facilities, libraries,
and other resources that institutions of higher education are
better able to provide than the elementary schools and secondary schools;
‘‘(4) develop more rigorous mathematics and science curricula that are aligned with challenging State and local academic content standards and with the standards expected for
postsecondary study in engineering, mathematics, and science;
and
‘‘(5) improve and expand training of mathematics and
science teachers, including training such teachers in the effective integration of technology into curricula and instruction.
‘‘(b) DEFINITIONS.—In this part:
‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’
means a partnership that—
‘‘(A) shall include—
‘‘(i) if grants are awarded under section 2202(a)(1),
a State educational agency;
‘‘(ii) an engineering, mathematics, or science
department of an institution of higher education; and
‘‘(iii) a high-need local educational agency; and
‘‘(B) may include—
‘‘(i) another engineering, mathematics, science, or
teacher training department of an institution of higher
education;
‘‘(ii) additional local educational agencies, public
charter schools, public or private elementary schools
or secondary schools, or a consortium of such schools;
‘‘(iii) a business; or
‘‘(iv) a nonprofit or for-profit organization of demonstrated effectiveness in improving the quality of
mathematics and science teachers.
‘‘(2) SUMMER WORKSHOP OR INSTITUTE.—The term ‘summer
workshop or institute’ means a workshop or institute, conducted
during the summer, that—
‘‘(A) is conducted for a period of not less than 2 weeks;
‘‘(B) includes, as a component, a program that provides
direct interaction between students and faculty; and

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‘‘(C) provides for followup training during the academic
year that is conducted in the classroom for a period of
not less than three consecutive or nonconsecutive days,
except that—
‘‘(i) if the workshop or institute is conducted during
a 2-week period, the followup training shall be conducted for a period of not less than 4 days; and
‘‘(ii) if the followup training is for teachers in rural
school districts, the followup training may be conducted
through distance learning.

20 USC 6662.

‘‘SEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS.

‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) GRANTS TO PARTNERSHIPS.—For any fiscal year for
which the funds appropriated under section 2203 are less than
$100,000,000, the Secretary is authorized to award grants, on
a competitive basis, to eligible partnerships to carry out the
authorized activities described in subsection (c).
‘‘(2) GRANTS TO STATE EDUCATIONAL AGENCIES.—
‘‘(A) IN GENERAL.—For any fiscal year for which the
funds appropriated under section 2203 equal or exceed
$100,000,000—
‘‘(i) if an eligible partnership in the State was
previously awarded a grant under paragraph (1), and
the grant period has not ended, the Secretary shall
reserve funds in a sufficient amount to make payments
to the partnership in accordance with the terms of
the grant; and
‘‘(ii) the Secretary is authorized to award grants
to State educational agencies to enable such agencies
to award subgrants, on a competitive basis, to eligible
partnerships to carry out the authorized activities
described in subsection (c).
‘‘(B) ALLOTMENT.—The Secretary shall allot the amount
made available under this part for a fiscal year and not
reserved under subparagraph (A)(i) among the State educational agencies in proportion to the number of children,
aged 5 to 17, who are from families with incomes below
the poverty line and reside in a State for the most recent
fiscal year for which satisfactory data are available, as
compared to the number of such children who reside in
all such States for such year.
‘‘(C) MINIMUM ALLOTMENT.—The amount of any State
educational agency’s allotment under subparagraph (B) for
any fiscal year may not be less than one-half of 1 percent
of the amount made available under this part for such
year.
‘‘(3) DURATION.—The Secretary shall award grants under
this part for a period of 3 years.
‘‘(4) SUPPLEMENT, NOT SUPPLANT.—Funds received under
this part shall be used to supplement, and not supplant, funds
that would otherwise be used for activities authorized under
this part.
‘‘(b) APPLICATION REQUIREMENTS.—
‘‘(1) IN GENERAL.—Each eligible partnership desiring a
grant or subgrant under this part shall submit an application—

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‘‘(A) in the case of grants awarded pursuant to subsection (a)(1), to the Secretary, at such time, in such
manner, and accompanied by such information as the Secretary may require; or
‘‘(B) in the case of subgrants awarded pursuant to
subsection (a)(2), to the State educational agency, at such
time, in such manner, and accompanied by such information as the State educational agency may require.
‘‘(2) CONTENTS.—Each application submitted pursuant to
paragraph (1) shall include—
‘‘(A) the results of a comprehensive assessment of the
teacher quality and professional development needs of any
schools, local educational agencies, and State educational
agencies that comprise the eligible partnership with respect
to the teaching and learning of mathematics and science;
‘‘(B) a description of how the activities to be carried
out by the eligible partnership will be aligned with challenging State academic content and student academic
achievement standards in mathematics and science and
with other educational reform activities that promote student academic achievement in mathematics and science;
‘‘(C) a description of how the activities to be carried
out by the eligible partnership will be based on a review
of scientifically based research, and an explanation of how
the activities are expected to improve student academic
achievement and strengthen the quality of mathematics
and science instruction;
‘‘(D) a description of—
‘‘(i) how the eligible partnership will carry out
the authorized activities described in subsection (c);
and
‘‘(ii) the eligible partnership’s evaluation and
accountability plan described in subsection (e); and
‘‘(E) a description of how the eligible partnership will
continue the activities funded under this part after the
original grant or subgrant period has expired.
‘‘(c) AUTHORIZED ACTIVITIES.—An eligible partnership shall use
funds provided under this part for one or more of the following
activities related to elementary schools or secondary schools:
‘‘(1) Creating opportunities for enhanced and ongoing
professional development of mathematics and science teachers
that improves the subject matter knowledge of such teachers.
‘‘(2) Promoting strong teaching skills for mathematics and
science teachers and teacher educators, including integrating
reliable scientifically based research teaching methods and technology-based teaching methods into the curriculum.
‘‘(3) Establishing and operating mathematics and science
summer workshops or institutes, including followup training,
for elementary school and secondary school mathematics and
science teachers that—
‘‘(A) shall—
‘‘(i) directly relate to the curriculum and academic
areas in which the teacher provides instruction, and
focus only secondarily on pedagogy;
‘‘(ii) enhance the ability of the teacher to understand and use the challenging State academic content

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115 STAT. 1646

PUBLIC LAW 107–110—JAN. 8, 2002
standards for mathematics and science and to select
appropriate curricula; and
‘‘(iii) train teachers to use curricula that are—
‘‘(I) based on scientific research;
‘‘(II) aligned with challenging State academic
content standards; and
‘‘(III) object-centered, experiment-oriented,
and concept- and content-based; and
‘‘(B) may include—
‘‘(i) programs that provide teachers and prospective
teachers with opportunities to work under the guidance
of experienced teachers and college faculty;
‘‘(ii) instruction in the use of data and assessments
to inform and instruct classroom practice; and
‘‘(iii) professional development activities, including
supplemental and followup activities, such as curriculum alignment, distance learning, and activities
that train teachers to utilize technology in the classroom.
‘‘(4) Recruiting mathematics, engineering, and science
majors to teaching through the use of—
‘‘(A) signing and performance incentives that are linked
to activities proven effective in retaining teachers, for
individuals with demonstrated professional experience in
mathematics, engineering, or science;
‘‘(B) stipends provided to mathematics and science
teachers for certification through alternative routes;
‘‘(C) scholarships for teachers to pursue advanced
course work in mathematics, engineering, or science; and
‘‘(D) other programs that the State educational agency
determines to be effective in recruiting and retaining
individuals with strong mathematics, engineering, or
science backgrounds.
‘‘(5) Developing or redesigning more rigorous mathematics
and science curricula that are aligned with challenging State
and local academic content standards and with the standards
expected for postsecondary study in mathematics and science.
‘‘(6) Establishing distance learning programs for mathematics and science teachers using curricula that are innovative,
content-based, and based on scientifically based research that
is current as of the date of the program involved.
‘‘(7) Designing programs to prepare a mathematics or
science teacher at a school to provide professional development
to other mathematics or science teachers at the school and
to assist beginning and other teachers at the school, including
(if applicable) a mechanism to integrate the teacher’s experiences from a summer workshop or institute into the provision
of professional development and assistance.
‘‘(8) Establishing and operating programs to bring mathematics and science teachers into contact with working scientists, mathematicians, and engineers, to expand such
teachers’ subject matter knowledge of and research in science
and mathematics.
‘‘(9) Designing programs to identify and develop exemplary
mathematics and science teachers in the kindergarten through
grade 8 classrooms.

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‘‘(10) Training mathematics and science teachers and developing programs to encourage young women and other underrepresented individuals in mathematics and science careers
(including engineering and technology) to pursue postsecondary
degrees in majors leading to such careers.
‘‘(d) COORDINATION AND CONSULTATION.—
‘‘(1) PARTNERSHIP GRANTS.—An eligible partnership
receiving a grant under section 203 of the Higher Education
Act of 1965 shall coordinate the use of such funds with any
related activities carried out by such partnership with funds
made available under this part.
‘‘(2) NATIONAL SCIENCE FOUNDATION.—In carrying out the
activities authorized by this part, the Secretary shall consult
and coordinate with the Director of the National Science
Foundation, particularly with respect to the appropriate roles
for the Department and the Foundation in the conduct of
summer workshops, institutes, or partnerships to improve
mathematics and science teaching in elementary schools and
secondary schools.
‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—
‘‘(1) IN GENERAL.—Each eligible partnership receiving a
grant or subgrant under this part shall develop an evaluation
and accountability plan for activities assisted under this part
that includes rigorous objectives that measure the impact of
activities funded under this part.
‘‘(2) CONTENTS.—The plan developed pursuant to paragraph
(1)—
‘‘(A) shall include measurable objectives to increase
the number of mathematics and science teachers who
participate in content-based professional development
activities;
‘‘(B) shall include measurable objectives for improved
student academic achievement on State mathematics and
science assessments or, where applicable, an International
Mathematics and Science Study assessment; and
‘‘(C) may include objectives and measures for—
‘‘(i) increased participation by students in advanced
courses in mathematics and science;
‘‘(ii) increased percentages of elementary school
teachers with academic majors or minors, or group
majors or minors, in mathematics, engineering, or the
sciences; and
‘‘(iii) increased percentages of secondary school
classes in mathematics and science taught by teachers
with academic majors in mathematics, engineering,
and science.
‘‘(f) REPORT.—Each eligible partnership receiving a grant or
subgrant under this part shall report annually to the Secretary
regarding the eligible partnership’s progress in meeting the objectives described in the accountability plan of the partnership under
subsection (e).
‘‘SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.

20 USC 6663.

‘‘There are authorized to be appropriated to carry out this
part $450,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 5 succeeding fiscal years.

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PUBLIC LAW 107–110—JAN. 8, 2002

‘‘PART C—INNOVATION FOR TEACHER
QUALITY
‘‘Subpart 1—Transitions to Teaching
‘‘CHAPTER A—TROOPS-TO-TEACHERS PROGRAM
20 USC 6671.

‘‘SEC. 2301. DEFINITIONS.

‘‘In this chapter:
‘‘(1) ARMED FORCES.—The term ‘Armed Forces’ means the
Army, Navy, Air Force, Marine Corps, and Coast Guard.
‘‘(2) MEMBER OF THE ARMED FORCES.—The term ‘member
of the Armed Forces’ includes a former member of the Armed
Forces.
‘‘(3) PROGRAM.—The term ‘Program’ means the Troops-toTeachers Program authorized by this chapter.
‘‘(4) RESERVE COMPONENT.—The term ‘reserve component’
means—
‘‘(A) the Army National Guard of the United States;
‘‘(B) the Army Reserve;
‘‘(C) the Naval Reserve;
‘‘(D) the Marine Corps Reserve;
‘‘(E) the Air National Guard of the United States;
‘‘(F) the Air Force Reserve; and
‘‘(G) the Coast Guard Reserve.
‘‘(5) SECRETARY CONCERNED.—The term ‘Secretary concerned’ means—
‘‘(A) the Secretary of the Army, with respect to matters
concerning a reserve component of the Army;
‘‘(B) the Secretary of the Navy, with respect to matters
concerning reserve components named in subparagraphs
(C) and (D) of paragraph (4);
‘‘(C) the Secretary of the Air Force, with respect to
matters concerning a reserve component of the Air Force;
and
‘‘(D) the Secretary of Transportation, with respect to
matters concerning the Coast Guard Reserve.
20 USC 6672.

‘‘SEC. 2302. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.

‘‘(a) PURPOSE.—The purpose of this section is to authorize a
mechanism for the funding and administration of the Troops-toTeachers Program, which was originally established by the Troopsto-Teachers Program Act of 1999 (title XVII of the National Defense
Authorization Act for Fiscal Year 2000) (20 U.S.C. 9301 et seq.).
‘‘(b) PROGRAM AUTHORIZED.—The Secretary may carry out a
program (to be known as the ‘Troops-to-Teachers Program’)—
‘‘(1) to assist eligible members of the Armed Forces
described in section 2303 to obtain certification or licensing
as elementary school teachers, secondary school teachers, or
vocational or technical teachers, and to become highly qualified
teachers; and
‘‘(2) to facilitate the employment of such members—
‘‘(A) by local educational agencies or public charter
schools that the Secretary identifies as—
‘‘(i) receiving grants under part A of title I as
a result of having within their jurisdictions concentrations of children from low-income families; or

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115 STAT. 1649

‘‘(ii) experiencing a shortage of highly qualified
teachers, in particular a shortage of science, mathematics, special education, or vocational or technical
teachers; and
‘‘(B) in elementary schools or secondary schools, or
as vocational or technical teachers.
‘‘(c) ADMINISTRATION OF PROGRAM.—The Secretary shall enter
into a memorandum of agreement with the Secretary of Defense
under which the Secretary of Defense, acting through the Defense
Activity for Non-Traditional Education Support of the Department
of Defense, will perform the actual administration of the Program,
other than section 2306. Using funds appropriated to the Secretary
to carry out this chapter, the Secretary shall transfer to the Secretary of Defense such amounts as may be necessary to administer
the Program pursuant to the memorandum of agreement.
‘‘(d) INFORMATION REGARDING PROGRAM.—The Secretary shall
provide to the Secretary of Defense information regarding the Program and applications to participate in the Program, for distribution
as part of preseparation counseling provided under section 1142
of title 10, United States Code, to members of the Armed Forces
described in section 2303.
‘‘(e) PLACEMENT ASSISTANCE AND REFERRAL SERVICES.—The
Secretary may, with the agreement of the Secretary of Defense,
provide placement assistance and referral services to members of
the Armed Forces who meet the criteria described in section 2303,
including meeting education qualification requirements under subsection 2303(c)(2). Such members shall not be eligible for financial
assistance under subsections (c) and (d) of section 2304.
‘‘SEC. 2303. RECRUITMENT AND SELECTION OF PROGRAM PARTICIPANTS.

Memorandum.

20 USC 6673.

‘‘(a) ELIGIBLE MEMBERS.—The following members of the Armed
Forces are eligible for selection to participate in the Program:
‘‘(1) Any member who—
‘‘(A) on or after October 1, 1999, becomes entitled to
retired or retainer pay in the manner provided in title
10 or title 14, United States Code;
‘‘(B) has an approved date of retirement that is within
1 year after the date on which the member submits an
application to participate in the Program; or
‘‘(C) has been transferred to the Retired Reserve.
‘‘(2) Any member who, on or after the date of enactment
of the No Child Left Behind Act of 2001—
‘‘(A)(i) is separated or released from active duty after
6 or more years of continuous active duty immediately
before the separation or release; or
‘‘(ii) has completed a total of at least 10 years of active
duty service, 10 years of service computed under section
12732 of title 10, United States Code, or 10 years of any
combination of such service; and
‘‘(B) executes a reserve commitment agreement for a
period of not less than 3 years under subsection (e)(2).
‘‘(3) Any member who, on or after the date of enactment
of the No Child Left Behind Act of 2001, is retired or separated
for physical disability under chapter 61 of title 10, United
States Code.
‘‘(4) Any member who—

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115 STAT. 1650

PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(A) during the period beginning on October 1, 1990,
and ending on September 30, 1999, was involuntarily discharged or released from active duty for purposes of a
reduction of force after 6 or more years of continuous
active duty immediately before the discharge or release;
or
‘‘(B) applied for the teacher placement program
administered under section 1151 of title 10, United States
Code, before the repeal of that section, and satisfied the
eligibility criteria specified in subsection (c) of such section
1151.
‘‘(b) SUBMISSION OF APPLICATIONS.—
‘‘(1) FORM AND SUBMISSION.—Selection of eligible members
of the Armed Forces to participate in the Program shall be
made on the basis of applications submitted to the Secretary
within the time periods specified in paragraph (2). An application shall be in such form and contain such information as
the Secretary may require.
‘‘(2) TIME FOR SUBMISSION.—An application shall be considered to be submitted on a timely basis under paragraph (1)
if—
‘‘(A) in the case of a member described in paragraph
(1)(A), (2), or (3) of subsection (a), the application is submitted not later than 4 years after the date on which
the member is retired or separated or released from active
duty, whichever applies to the member; or
‘‘(B) in the case of a member described in subsection
(a)(4), the application is submitted not later than September 30, 2003.
‘‘(c) SELECTION CRITERIA.—
‘‘(1) ESTABLISHMENT.—Subject to paragraphs (2) and (3),
the Secretary shall prescribe the criteria to be used to select
eligible members of the Armed Forces to participate in the
Program.
‘‘(2) EDUCATIONAL BACKGROUND.—
‘‘(A) ELEMENTARY OR SECONDARY SCHOOL TEACHER.—
If a member of the Armed Forces described in paragraph
(1), (2), or (3) of subsection (a) is applying for assistance
for placement as an elementary school or secondary school
teacher, the Secretary shall require the member to have
received a baccalaureate or advanced degree from an
accredited institution of higher education.
‘‘(B) VOCATIONAL OR TECHNICAL TEACHER.—If a
member of the Armed Forces described in paragraph (1),
(2), or (3) of subsection (a) is applying for assistance for
placement as a vocational or technical teacher, the Secretary shall require the member—
ave received the equivalent of 1 year of college
from an accredited institution of higher education and
have 6 or more years of military experience in a vocational or technical field; or
‘‘(ii) to otherwise meet the certification or licensing
requirements for a vocational or technical teacher in
the State in which the member seeks assistance for
placement under the Program.
‘‘(3) HONORABLE SERVICE.—A member of the Armed Forces
is eligible to participate in the Program only if the member’s

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last period of service in the Armed Forces was honorable,
as characterized by the Secretary concerned (as defined in
section 101(a)(9) of title 10, United States Code). A member
selected to participate in the Program before the retirement
of the member or the separation or release of the member
from active duty may continue to participate in the Program
after the retirement, separation, or release only if the member’s
last period of service is characterized as honorable by the
Secretary concerned (as so defined).
‘‘(d) SELECTION PRIORITIES.—In selecting eligible members of
the Armed Forces to receive assistance under the Program, the
Secretary shall give priority to members who have educational
or military experience in science, mathematics, special education,
or vocational or technical subjects and agree to seek employment
as science, mathematics, or special education teachers in elementary
schools or secondary schools or in other schools under the jurisdiction of a local educational agency.
‘‘(e) OTHER CONDITIONS ON SELECTION.—
‘‘(1) SELECTION SUBJECT TO FUNDING.—The Secretary may
not select an eligible member of the Armed Forces to participate
in the Program under this section and receive financial assistance under section 2304 unless the Secretary has sufficient
appropriations for the Program available at the time of the
selection to satisfy the obligations to be incurred by the United
States under section 2304 with respect to the member.
‘‘(2) RESERVE COMMITMENT AGREEMENT.—The Secretary
may not select an eligible member of the Armed Forces
described in subsection (a)(2)(A) to participate in the Program
under this section and receive financial assistance under section
2304 unless—
‘‘(A) the Secretary notifies the Secretary concerned and
the member that the Secretary has reserved a full stipend
or bonus under section 2304 for the member; and
‘‘(B) the member executes a written agreement with
the Secretary concerned to serve as a member of the
Selected Reserve of a reserve component of the Armed
Forces for a period of not less than 3 years (in addition
to any other reserve commitment the member may have).
‘‘SEC. 2304. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.

20 USC 6674.

‘‘(a) PARTICIPATION AGREEMENT.—
‘‘(1) IN GENERAL.—An eligible member of the Armed Forces
selected to participate in the Program under section 2303 and
receive financial assistance under this section shall be required
to enter into an agreement with the Secretary in which the
member agrees—
‘‘(A) within such time as the Secretary may require,
to obtain certification or licensing as an elementary school
teacher, secondary school teacher, or vocational or technical
teacher, and to become a highly qualified teacher; and
‘‘(B) to accept an offer of full-time employment as an
elementary school teacher, secondary school teacher, or
vocational or technical teacher for not less than 3 school
years with a high-need local educational agency or public
charter school, as such terms are defined in section 2101,
to begin the school year after obtaining that certification
or licensing.

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‘‘(2) WAIVER.—The Secretary may waive the 3-year commitment described in paragraph (1)(B) for a participant if the
Secretary determines such waiver to be appropriate. If the
Secretary provides the waiver, the participant shall not be
considered to be in violation of the agreement and shall not
be required to provide reimbursement under subsection (f),
for failure to meet the 3-year commitment.
‘‘(b) VIOLATION OF PARTICIPATION AGREEMENT; EXCEPTIONS.—
A participant in the Program shall not be considered to be in
violation of the participation agreement entered into under subsection (a) during any period in which the participant—
‘‘(1) is pursuing a full-time course of study related to the
field of teaching at an institution of higher education;
‘‘(2) is serving on active duty as a member of the Armed
Forces;
‘‘(3) is temporarily totally disabled for a period of time
not to exceed 3 years as established by sworn affidavit of
a qualified physician;
‘‘(4) is unable to secure employment for a period not to
exceed 12 months by reason of the care required by a spouse
who is disabled;
‘‘(5) is a highly qualified teacher who is seeking and unable
to find full-time employment as a teacher in an elementary
school or secondary school or as a vocational or technical teacher
for a single period not to exceed 27 months; or
‘‘(6) satisfies the provisions of additional reimbursement
exceptions that may be prescribed by the Secretary.
‘‘(c) STIPEND FOR PARTICIPANTS.—
‘‘(1) STIPEND AUTHORIZED.—Subject to paragraph (2), the
Secretary may pay to a participant in the Program selected
under section 2303 a stipend in an amount of not more than
$5,000.
‘‘(2) LIMITATION.—The total number of stipends that may
be paid under paragraph (1) in any fiscal year may not exceed
5,000.
‘‘(d) BONUS FOR PARTICIPANTS.—
‘‘(1) BONUS AUTHORIZED.—Subject to paragraph (2), the
Secretary may, in lieu of paying a stipend under subsection
(c), pay a bonus of $10,000 to a participant in the Program
selected under section 2303 who agrees in the participation
agreement under subsection (a) to become a highly qualified
teacher and to accept full-time employment as an elementary
school teacher, secondary school teacher, or vocational or technical teacher for not less than 3 school years in a high-need
school.
‘‘(2) LIMITATION.—The total number of bonuses that may
be paid under paragraph (1) in any fiscal year may not exceed
3,000.
‘‘(3) HIGH-NEED SCHOOL DEFINED.—In this subsection, the
term ‘high-need school’ means a public elementary school, public
secondary school, or public charter school that meets one or
more of the following criteria:
‘‘(A) LOW-INCOME CHILDREN.—At least 50 percent of
the students enrolled in the school were from low-income
families (as described in section 2302(b)(2)(A)(i)).
‘‘(B) CHILDREN WITH DISABILITIES.—The school has a
large percentage of students who qualify for assistance

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under part B of the Individuals with Disabilities Education
Act.
‘‘(e) TREATMENT OF STIPEND AND BONUS.—A stipend or bonus
paid under this section to a participant in the Program shall be
taken into account in determining the eligibility of the participant
for Federal student financial assistance provided under title IV
of the Higher Education Act of 1965.
‘‘(f) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.—
‘‘(1) REIMBURSEMENT REQUIRED.—A participant in the Program who is paid a stipend or bonus under this section shall
be required to repay the stipend or bonus under the following
circumstances:
‘‘(A) FAILURE TO OBTAIN QUALIFICATIONS OR EMPLOYMENT.—The participant fails to obtain teacher certification
or licensing, to become a highly qualified teacher, or to
obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher
as required by the participation agreement under subsection (a).
‘‘(B) TERMINATION OF EMPLOYMENT.—The participant
voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school
teacher, or vocational or technical teacher during the 3
years of required service in violation of the participation
agreement.
‘‘(C) FAILURE TO COMPLETE SERVICE UNDER RESERVE
COMMITMENT AGREEMENT.—The participant executed a
written agreement with the Secretary concerned under section 2303(e)(2) to serve as a member of a reserve component
of the Armed Forces for a period of 3 years and fails
to complete the required term of service.
‘‘(2) AMOUNT OF REIMBURSEMENT.—A participant required
to reimburse the Secretary for a stipend or bonus paid to
the participant under this section shall pay an amount that
bears the same ratio to the amount of the stipend or bonus
as the unserved portion of required service bears to the 3
years of required service. Any amount owed by the participant
shall bear interest at the rate equal to the highest rate being
paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities
of 90 days or less and shall accrue from the day on which
the participant is first notified of the amount due.
‘‘(3) TREATMENT OF OBLIGATION.—The obligation to
reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11, United States Code, shall not release
a participant from the obligation to reimburse the Secretary
under this subsection.
‘‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIREMENT.—A
participant shall be excused from reimbursement under this
subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician.
The Secretary may also waive the reimbursement in cases
of extreme hardship to the participant, as determined by the
Secretary.
‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL.—The receipt by a participant in the Program

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of a stipend or bonus under this section shall not reduce or otherwise affect the entitlement of the participant to any benefits under
chapter 30 of title 38, United States Code, or chapter 1606 of
title 10, United States Code.
20 USC 6675.

‘‘SEC. 2305. PARTICIPATION BY STATES.

‘‘(a) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF
STATES.—The Secretary may permit States participating in the
Program to carry out activities authorized for such States under
the Program through one or more consortia of such States.
‘‘(b) ASSISTANCE TO STATES.—
‘‘(1) GRANTS AUTHORIZED.—Subject to paragraph (2), the
Secretary may make grants to States participating in the Program, or to consortia of such States, in order to permit such
States or consortia of States to operate offices for purposes
of recruiting eligible members of the Armed Forces for participation in the Program and facilitating the employment of participants in the Program as elementary school teachers, secondary
school teachers, and vocational or technical teachers.
‘‘(2) LIMITATION.—The total amount of grants made under
paragraph (1) in any fiscal year may not exceed $5,000,000.
20 USC 6676.

‘‘SEC. 2306. SUPPORT OF INNOVATIVE PRERETIREMENT TEACHER CERTIFICATION PROGRAMS.

‘‘(a) PURPOSE.—The purpose of this section is to provide funding
to develop, implement, and demonstrate teacher certification programs.
‘‘(b) DEVELOPMENT, IMPLEMENTATION AND DEMONSTRATION.—
The Secretary may enter into a memorandum of agreement with
a State educational agency, an institution of higher education,
or a consortia of State educational agencies or institutions of higher
education, to develop, implement, and demonstrate teacher certification programs for members of the Armed Forces described in
section 2303(a)(1)(B) for the purpose of assisting such members
to consider and prepare for a career as a highly qualified elementary
school teacher, secondary school teacher, or vocational or technical
teacher upon retirement from the Armed Forces.
‘‘(c) PROGRAM ELEMENTS.—A teacher certification program
under subsection (b) shall—
‘‘(1) provide recognition of military experience and training
as related to certification or licensing requirements;
‘‘(2) provide courses of instruction that may be conducted
on or near a military installation;
‘‘(3) incorporate alternative approaches to achieve teacher
certification, such as innovative methods to gaining field-based
teaching experiences, and assessment of background and experience as related to skills, knowledge, and abilities required
of elementary school teachers, secondary school teachers, or
vocational or technical teachers;
‘‘(4) provide for courses to be delivered via distance education methods; and
‘‘(5) address any additional requirements or specifications
established by the Secretary.
‘‘(d) APPLICATION PROCEDURES.—
‘‘(1) IN GENERAL.—A State educational agency or institution
of higher education (or a consortium of State educational agencies or institutions of higher education) that desires to enter
into a memorandum under subsection (b) shall prepare and

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submit to the Secretary a proposal, at such time, in such
manner, and containing such information as the Secretary may
require, including an assurance that the State educational
agency, institution, or consortium is operating a program
leading to State approved teacher certification.
‘‘(2) PREFERENCE.—The Secretary shall give preference to
State educational agencies, institutions, and consortia that
submit proposals that provide for cost sharing with respect
to the program involved.
‘‘(e) CONTINUATION OF PROGRAMS.—Upon successful completion
of the demonstration phase of teacher certification programs funded
under this section, the continued operation of the teacher certification programs shall not be the responsibility of the Secretary.
A State educational agency, institution, or consortium that desires
to continue a program that is funded under this section after
such funding is terminated shall use amounts derived from tuition
charges to continue such program.
‘‘(f) FUNDING LIMITATION.—The total amount obligated by the
Secretary under this section for any fiscal year may not exceed
$10,000,000.
‘‘SEC. 2307. REPORTING REQUIREMENTS.

20 USC 6677.

‘‘(a) REPORT REQUIRED.—Not later than March 31, 2006, the
Secretary (in consultation with the Secretary of Defense and the
Secretary of Transportation) and the Comptroller General of the
United States shall submit to Congress a report on the effectiveness
of the Program in the recruitment and retention of qualified personnel by local educational agencies and public charter schools.
‘‘(b) ELEMENTS OF REPORT.—The report submitted under subsection (a) shall include information on the following:
‘‘(1) The number of participants in the Program.
‘‘(2) The schools in which the participants are employed.
‘‘(3) The grade levels at which the participants teach.
‘‘(4) The academic subjects taught by the participants.
‘‘(5) The rates of retention of the participants by the local
educational agencies and public charter schools employing the
participants.
‘‘(6) Such other matters as the Secretary or the Comptroller
General of the United States, as the case may be, considers
to be appropriate.

Deadline.

‘‘CHAPTER B—TRANSITION TO TEACHING PROGRAM
‘‘SEC. 2311. PURPOSES.

20 USC 6681.

‘‘The purposes of this chapter are—
‘‘(1) to establish a program to recruit and retain highly
qualified mid-career professionals (including highly qualified
paraprofessionals), and recent graduates of an institution of
higher education, as teachers in high-need schools, including
recruiting teachers through alternative routes to certification;
and
‘‘(2) to encourage the development and expansion of alternative routes to certification under State-approved programs
that enable individuals to be eligible for teacher certification
within a reduced period of time, relying on the experience,
expertise, and academic qualifications of an individual, or other

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factors in lieu of traditional course work in the field of education.

20 USC 6682.

‘‘SEC. 2312. DEFINITIONS.

‘‘In this chapter:
‘‘(1) ELIGIBLE PARTICIPANT.—The term ‘eligible participant’
means—
‘‘(A) an individual with substantial, demonstrable
career experience, including a highly qualified paraprofessional; or
‘‘(B) an individual who is a graduate of an institution
of higher education who—
‘‘(i) has graduated not more than 3 years before
applying to an eligible entity to teach under this
chapter; and
‘‘(ii) in the case of an individual wishing to teach
in a secondary school, has completed an academic
major (or courses totaling an equivalent number of
credit hours) in the academic subject that the individual will teach.
‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term
‘high-need local educational agency’ has the meaning given
the term in section 2102.
‘‘(3) HIGH-NEED SCHOOL.—The term ‘high-need school’
means a school that—
‘‘(A) is located in an area in which the percentage
of students from families with incomes below the poverty
line is 30 percent or more; or
‘‘(B)(i) is located in an area with a high percentage
of out-of-field teachers, as defined in section 2102;
‘‘(ii) is within the top quartile of elementary schools
and secondary schools statewide, as ranked by the number
of unfilled, available teacher positions at the schools;
‘‘(iii) is located in an area in which there is a high
teacher turnover rate; or
‘‘(iv) is located in an area in which there is a high
percentage of teachers who are not certified or licensed.
20 USC 6683.

‘‘SEC. 2313. GRANT PROGRAM.

‘‘(a) IN GENERAL.—The Secretary may establish a program to
make grants on a competitive basis to eligible entities to develop
State and local teacher corps or other programs to establish, expand,
or enhance teacher recruitment and retention efforts.
‘‘(b) ELIGIBLE ENTITY.—To be eligible to receive a grant under
this section, an entity shall be—
‘‘(1) a State educational agency;
‘‘(2) a high-need local educational agency;
‘‘(3) a for-profit or nonprofit organization that has a proven
record of effectively recruiting and retaining highly qualified
teachers, in a partnership with a high-need local educational
agency or with a State educational agency;
‘‘(4) an institution of higher education, in a partnership
with a high-need local educational agency or with a State
educational agency;
‘‘(5) a regional consortium of State educational agencies;
or
‘‘(6) a consortium of high-need local educational agencies.

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‘‘(c) PRIORITY.—In making such a grant, the Secretary shall
give priority to a partnership or consortium that includes a highneed State educational agency or local educational agency.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a grant under
this section, an entity described in subsection (b) shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
‘‘(2) CONTENTS.—The application shall describe—
‘‘(A) one or more target recruitment groups on which
the applicant will focus its recruitment efforts;
‘‘(B) the characteristics of each such target group that—
‘‘(i) show the knowledge and experience of the
group’s members; and
‘‘(ii) demonstrate that the members are eligible
to achieve the objectives of this section;
‘‘(C) describe how the applicant will use funds received
under this section to develop a teacher corps or other
program to recruit and retain highly qualified midcareer
professionals (which may include highly qualified paraprofessionals), recent college graduates, and recent graduate school graduates, as highly qualified teachers in highneed schools operated by high-need local educational agencies;
‘‘(D) explain how the program carried out under the
grant will meet the relevant State laws (including regulations) related to teacher certification or licensing and facilitate the certification or licensing of such teachers;
‘‘(E) describe how the grant will increase the number
of highly qualified teachers, in high-need schools operated
by high-need local educational agencies (in urban or rural
school districts), and in high-need academic subjects, in
the jurisdiction served by the applicant; and
‘‘(F) describe how the applicant will collaborate, as
needed, with other institutions, agencies, or organizations
to recruit (particularly through activities that have proven
effective in retaining highly qualified teachers), train, place,
support, and provide teacher induction programs to program participants under this chapter, including providing
evidence of the commitment of the institutions, agencies,
or organizations to the applicant’s programs.
‘‘(e) DURATION OF GRANTS.—The Secretary may make grants
under this section for periods of 5 years. At the end of the 5year period for such a grant, the grant recipient may apply for
an additional grant under this section.
‘‘(f) EQUITABLE DISTRIBUTION.—To the extent practicable, the
Secretary shall ensure an equitable geographic distribution of
grants under this section among the regions of the United States.
‘‘(g) USES OF FUNDS.—
‘‘(1) IN GENERAL.—An entity that receives a grant under
this section shall use the funds made available through the
grant to develop a teacher corps or other program in order
to establish, expand, or enhance a teacher recruitment and
retention program for highly qualified mid-career professionals
(including highly qualified paraprofessionals), and recent graduates of an institution of higher education, who are eligible

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participants, including activities that provide alternative routes
to teacher certification.
‘‘(2) AUTHORIZED ACTIVITIES.—The entity shall use the
funds to carry out a program that includes two or more of
the following activities:
‘‘(A) Providing scholarships, stipends, bonuses, and
other financial incentives, that are linked to participation
in activities that have proven effective in retaining teachers
in high-need schools operated by high-need local educational agencies, to all eligible participants, in an amount
not to exceed $5,000 per participant.
‘‘(B) Carrying out pre- and post-placement induction
or support activities that have proven effective in recruiting
and retaining teachers, such as—
‘‘(i) teacher mentoring;
‘‘(ii) providing internships;
‘‘(iii) providing high-quality, preservice coursework;
and
‘‘(iv) providing high-quality, sustained inservice
professional development.
‘‘(C) Carrying out placement and ongoing activities to
ensure that teachers are placed in fields in which the
teachers are highly qualified to teach and are placed in
high-need schools.
‘‘(D) Making payments to pay for costs associated with
accepting teachers recruited under this section from among
eligible participants or provide financial incentives to
prospective teachers who are eligible participants.
‘‘(E) Collaborating with institutions of higher education
in developing and implementing programs to facilitate
teacher recruitment (including teacher credentialing) and
teacher retention programs.
‘‘(F) Carrying out other programs, projects, and activities that are designed and have proven to be effective
in recruiting and retaining teachers, and that the Secretary
determines to be appropriate.
‘‘(G) Developing long-term recruitment and retention
strategies including developing—
‘‘(i) a statewide or regionwide clearinghouse for
the recruitment and placement of teachers;
‘‘(ii) administrative structures to develop and
implement programs to provide alternative routes to
certification;
‘‘(iii) reciprocity agreements between or among
States for the certification or licensing of teachers;
or
‘‘(iv) other long-term teacher recruitment and
retention strategies.
‘‘(3) EFFECTIVE PROGRAMS.—The entity shall use the funds
only for programs that have proven to be effective in both
recruiting and retaining teachers.
‘‘(h) REQUIREMENTS.—
‘‘(1) TARGETING.—An entity that receives a grant under
this section to carry out a program shall ensure that participants in the program recruited with funds made available
under this section are placed in high-need schools operated

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by high-need local educational agencies. In placing the participants in the schools, the entity shall give priority to the schools
that are located in areas with the highest percentages of students from families with incomes below the poverty line.
‘‘(2) SUPPLEMENT, NOT SUPPLANT.—Funds made available
under this section shall be used to supplement, and not supplant, State and local public funds expended for teacher recruitment and retention programs, including programs to recruit
the teachers through alternative routes to certification.
‘‘(3) PARTNERSHIPS AND CONSORTIA OF LOCAL EDUCATIONAL
AGENCIES.—In the case of a partnership established by a local
educational agency to carry out a program under this chapter,
or a consortium of such agencies established to carry out a
program under this chapter, the local educational agency or
consortium shall not be eligible to receive funds through a
State program under this chapter.
‘‘(i) PERIOD OF SERVICE.—A program participant in a program
under this chapter who receives training through the program
shall serve a high-need school operated by a high-need local educational agency for at least 3 years.
‘‘(j) REPAYMENT.—The Secretary shall establish such requirements as the Secretary determines to be appropriate to ensure
that program participants who receive a stipend or other financial
incentive under subsection (g)(2)(A), but fail to complete their
service obligation under subsection (i), repay all or a portion of
such stipend or other incentive.
‘‘(k) ADMINISTRATIVE FUNDS.—No entity that receives a grant
under this section shall use more than 5 percent of the funds
made available through the grant for the administration of a program under this chapter carried out under the grant.
‘‘SEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING AND
RETAINING TEACHERS.

Requirements.

20 USC 6684.

‘‘(a) EVALUATION.—Each entity that receives a grant under
this chapter shall conduct—
‘‘(1) an interim evaluation of the program funded under
the grant at the end of the third year of the grant period;
and
‘‘(2) a final evaluation of the program at the end of the
fifth year of the grant period.
‘‘(b) CONTENTS.—In conducting the evaluation, the entity shall
describe the extent to which local educational agencies that received
funds through the grant have met the goals relating to teacher
recruitment and retention described in the application.
‘‘(c) REPORTS.—The entity shall prepare and submit to the
Secretary and to Congress interim and final reports containing
the results of the interim and final evaluations, respectively.
‘‘(d) REVOCATION.—If the Secretary determines that the
recipient of a grant under this chapter has not made substantial
progress in meeting such goals and the objectives of the grant
by the end of the third year of the grant period, the Secretary—
‘‘(1) shall revoke the payment made for the fourth year
of the grant period; and
‘‘(2) shall not make a payment for the fifth year of the
grant period.

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‘‘CHAPTER C—GENERAL PROVISIONS

20 USC 6691.

‘‘SEC. 2321. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated
to carry out this subpart $150,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5 succeeding fiscal
years.
‘‘(b) RESERVATION.—From the funds appropriated to carry out
this subpart for fiscal year 2002, the Secretary shall reserve not
more than $30,000,000 to carry out chapter A.

‘‘Subpart 2—National Writing Project
20 USC 6701.

‘‘SEC. 2331. PURPOSES.

‘‘The purposes of this subpart are—
‘‘(1) to support and promote the expansion of the National
Writing Project network of sites so that teachers in every
region of the United States will have access to a National
Writing Project program;
‘‘(2) to ensure the consistent high quality of the sites
through ongoing review, evaluation, and technical assistance;
‘‘(3) to support and promote the establishment of programs
to disseminate effective practices and research findings about
the teaching of writing; and
‘‘(4) to coordinate activities assisted under this subpart
with activities assisted under this Act.
20 USC 6702.

‘‘SEC. 2332. NATIONAL WRITING PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award
a grant to the National Writing Project, a nonprofit educational
organization that has as its primary purpose the improvement
of the quality of student writing and learning (hereafter in this
section referred to as the ‘grantee’) to improve the teaching of
writing and the use of writing as a part of the learning process
in our Nation’s classrooms.
‘‘(b) REQUIREMENTS OF GRANT.—The grant shall provide that—
‘‘(1) the grantee will enter into contracts with institutions
of higher education or other nonprofit educational providers
(hereafter in this section referred to as ‘contractors’) under
which the contractors will agree to establish, operate, and provide the non-Federal share of the cost of teacher training programs in effective approaches and processes for the teaching
of writing;
‘‘(2) funds made available by the Secretary to the grantee
pursuant to any contract entered into under this section will
be used to pay the Federal share of the cost of establishing
and operating teacher training programs as provided in paragraph (1); and
‘‘(3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure
compliance with the provisions of this section and will provide
such technical assistance as may be necessary to carry out
the provisions of this section.
‘‘(c) TEACHER TRAINING PROGRAMS.—The teacher training programs authorized in subsection (a) shall—
‘‘(1) be conducted during the school year and during the
summer months;

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‘‘(2) train teachers who teach grades kindergarten through
college;
‘‘(3) select teachers to become members of a National
Writing Project teacher network whose members will conduct
writing workshops for other teachers in the area served by
each National Writing Project site; and
‘‘(4) encourage teachers from all disciplines to participate
in such teacher training programs.
‘‘(d) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2)
or (3) and for purposes of subsection (a), the term ‘Federal
share’ means, with respect to the costs of teacher training
programs authorized in subsection (a), 50 percent of such costs
to the contractor.
‘‘(2) WAIVER.—The Secretary may waive the provisions of
paragraph (1) on a case-by-case basis if the National Advisory
Board described in subsection (e) determines, on the basis
of financial need, that such waiver is necessary.
‘‘(3) MAXIMUM.—The Federal share of the costs of teacher
training programs conducted pursuant to subsection (a) may
not exceed $100,000 for any one contractor, or $200,000 for
a statewide program administered by any one contractor in
at least five sites throughout the State.
‘‘(e) NATIONAL ADVISORY BOARD.—
‘‘(1) ESTABLISHMENT.—The National Writing Project shall
establish and operate a National Advisory Board.
‘‘(2) COMPOSITION.—The National Advisory Board established pursuant to paragraph (1) shall consist of—
‘‘(A) national educational leaders;
‘‘(B) leaders in the field of writing; and
‘‘(C) such other individuals as the National Writing
Project determines necessary.
‘‘(3) DUTIES.—The National Advisory Board established
pursuant to paragraph (1) shall—
‘‘(A) advise the National Writing Project on national
issues related to student writing and the teaching of
writing;
‘‘(B) review the activities and programs of the National
Writing Project; and
‘‘(C) support the continued development of the National
Writing Project.
‘‘(f) EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary shall conduct an independent evaluation by grant or contract of the teacher training
programs administered pursuant to this subpart. Such evaluation shall specify the amount of funds expended by the National
Writing Project and each contractor receiving assistance under
this section for administrative costs. The results of such evaluation shall be made available to the appropriate committees
of Congress.
‘‘(2) FUNDING LIMITATION.—The Secretary shall reserve not
more than $150,000 from the total amount appropriated pursuant to the authority of subsection (h) for fiscal year 2002
and each of the 5 succeeding fiscal years to conduct the evaluation described in paragraph (1).
‘‘(g) APPLICATION REVIEW.—

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‘‘(1) REVIEW BOARD.—The National Writing Project shall
establish and operate a National Review Board that shall consist of—
‘‘(A) leaders in the field of research in writing; and
‘‘(B) such other individuals as the National Writing
Project deems necessary.
‘‘(2) DUTIES.—The National Review Board shall—
‘‘(A) review all applications for assistance under this
subsection; and
‘‘(B) recommend applications for assistance under this
subsection for funding by the National Writing Project.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this subpart $15,000,000 as may
be necessary for fiscal year 2002 and each of the 5 succeeding
fiscal years.
Education for
Democracy Act.
20 USC 6711.

‘‘Subpart 3—Civic Education
‘‘SEC. 2341. SHORT TITLE.

‘‘This subpart may be cited as the ‘Education for Democracy
Act’.
20 USC 6712.

‘‘SEC. 2342. PURPOSE.

‘‘It is the purpose of this subpart—
‘‘(1) to improve the quality of civics and government education by educating students about the history and principles
of the Constitution of the United States, including the Bill
of Rights;
‘‘(2) to foster civic competence and responsibility; and
‘‘(3) to improve the quality of civic education and economic
education through cooperative civic education and economic
education exchange programs with emerging democracies.
20 USC 6713.

‘‘SEC. 2343. GENERAL AUTHORITY.

‘‘(a) AUTHORITY.—The Secretary is authorized to award grants
to, or enter into contracts with—
‘‘(1) the Center for Civic Education, to carry out civic education activities under sections 2344 and 2345;
‘‘(2) the National Council on Economic Education, to carry
out economic education activities under section 2345; and
‘‘(3) organizations experienced in the development of curricula and programs in civics and government education and
economic education for students in elementary schools and
secondary schools in countries other than the United States,
to carry out civic education activities under section 2345.
‘‘(b) DISTRIBUTION FOR COOPERATIVE CIVIC EDUCATION AND
ECONOMIC EDUCATION EXCHANGE PROGRAMS.—
‘‘(1) LIMITATION.—Not more than 40 percent of the amount
appropriated under section 2346 for a fiscal year shall be used
to carry out section 2345.
‘‘(2) DISTRIBUTION.—Of the amount used to carry out section 2345 for a fiscal year (consistent with paragraph (1)),
the Secretary shall use—
‘‘(A) 37.5 percent for a grant or contract for the Center
for Civic Education;
‘‘(B) 37.5 percent for a grant or contract for the
National Council on Economic Education; and

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‘‘(C) 25 percent for not less than 1, but not more
than 3, grants or contracts for organizations described in
subsection (a)(3).
‘‘SEC. 2344. WE THE PEOPLE PROGRAM.

20 USC 6714.

‘‘(a) THE CITIZEN AND THE CONSTITUTION.—
‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for Civic
Education—
‘‘(A) shall use funds made available under grants or
contracts under section 2343(a)(1)—
‘‘(i) to continue and expand the educational activities of the program entitled the ‘We the People . . .
The Citizen and the Constitution’ program administered by such center;
‘‘(ii) to carry out activities to enhance student
attainment of challenging academic content standards
in civics and government;
‘‘(iii) to provide a course of instruction on the basic
principles of the Nation’s constitutional democracy and
the history of the Constitution of the United States,
including the Bill of Rights;
‘‘(iv) to provide, at the request of a participating
school, school and community simulated congressional
hearings following the course of instruction described
in clause (iii); and
‘‘(v) to provide an annual national competition of
simulated congressional hearings for secondary school
students who wish to participate in such a program;
and
‘‘(B) may use funds made available under grants or
contracts under section 2343(a)(1)—
‘‘(i) to provide advanced, sustained, and ongoing
training of teachers about the Constitution of the
United States and the political system of the United
States;
‘‘(ii) to provide materials and methods of instruction, including teacher training, that utilize the latest
advancements in educational technology; and
‘‘(iii) to provide civic education materials and services to address specific problems such as the prevention
of school violence and the abuse of drugs and alcohol.
‘‘(2) AVAILABILITY OF PROGRAM.—The education program
authorized under this subsection shall be made available to
public and private elementary schools and secondary schools,
including Bureau funded schools, in the 435 congressional districts, and in the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
‘‘(b) PROJECT CITIZEN.—
‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for Civic
Education—
‘‘(A) shall use funds made available under grants or
contracts under section 2343(a)(1)—
‘‘(i) to continue and expand the educational activities of the program entitled the ‘We the People . . .
Project Citizen’ program administered by the Center;

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‘‘(ii) to carry out activities to enhance student
attainment of challenging academic content standards
in civics and government;
‘‘(iii) to provide a course of instruction at the
middle school level on the roles of State and local
governments in the Federal system established by the
Constitution of the United States; and
‘‘(iv) to provide an annual national showcase or
competition; and
‘‘(B) may use funds made available under grants or
contracts under section 2343(a)(1)—
‘‘(i) to provide optional school and community simulated State legislative hearings;
‘‘(ii) to provide advanced, sustained, and ongoing
training of teachers on the roles of State and local
governments in the Federal system established by the
Constitution of the United States;
‘‘(iii) to provide materials and methods of instruction, including teacher training, that utilize the latest
advancements in educational technology; and
‘‘(iv) to provide civic education materials and services to address specific problems such as the prevention
of school violence and the abuse of drugs and alcohol.
‘‘(2) AVAILABILITY OF PROGRAM.—The education program
authorized under this subsection shall be made available to
public and private middle schools, including Bureau funded
schools, in the 50 States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
‘‘(c) BUREAU-FUNDED SCHOOL DEFINED.—In this section, the
term ‘Bureau-funded school’ has the meaning given such term in
section 1146 of the Education Amendments of 1978 (25 U.S.C.
2026).
20 USC 6715.

‘‘SEC. 2345. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE PROGRAMS.

‘‘(a) COOPERATIVE EDUCATION EXCHANGE PROGRAMS.—The
Center for Civic Education, the National Council on Economic Education, and organizations described in section 2343(a)(3) shall use
funds made available under grants or contracts under section 2343
to carry out cooperative education exchange programs in accordance
with this section.
‘‘(b) PURPOSE.—The purpose of the cooperative education
exchange programs carried out under this section shall be—
‘‘(1) to make available to educators from eligible countries
exemplary curriculum and teacher training programs in civics
and government education, and economics education, developed
in the United States;
‘‘(2) to assist eligible countries in the adaptation,
implementation, and institutionalization of such programs;
‘‘(3) to create and implement civics and government education, and economic education, programs for students that
draw upon the experiences of the participating eligible countries;
‘‘(4) to provide a means for the exchange of ideas and
experiences in civics and government education, and economic

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education, among political, educational, governmental, and private sector leaders of participating eligible countries; and
‘‘(5) to provide support for—
‘‘(A) independent research and evaluation to determine
the effects of educational programs on students’ development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional
democracy; and
‘‘(B) effective participation in, and the preservation
and improvement of, an efficient market economy.
‘‘(c) ACTIVITIES.—In carrying out the cooperative education
exchange programs assisted under this section, the Center for Civic
Education, the National Council on Economic Education, and
organizations described in section 2343(a)(3) shall—
‘‘(1) provide to the participants from eligible countries—
‘‘(A) seminars on the basic principles of United States
constitutional democracy and economic system, including
seminars on the major governmental and economic institutions and systems in the United States, and visits to such
institutions;
‘‘(B) visits to school systems, institutions of higher
education, and nonprofit organizations conducting exemplary programs in civics and government education, and
economic education, in the United States;
‘‘(C) translations and adaptations with respect to
United States civics and government education, and economic education, curricular programs for students and
teachers, and in the case of training programs for teachers,
translations and adaptations into forms useful in schools
in eligible countries, and joint research projects in such
areas; and
‘‘(D) independent research and evaluation assistance—
‘‘(i) to determine the effects of the cooperative education exchange programs on students’ development
of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and
‘‘(ii) to identify effective participation in, and the
preservation and improvement of, an efficient market
economy;
‘‘(2) provide to the participants from the United States—
‘‘(A) seminars on the histories, economies, and systems
of government of eligible countries;
‘‘(B) visits to school systems, institutions of higher
education, and organizations conducting exemplary programs in civics and government education, and economic
education, located in eligible countries;
‘‘(C) assistance from educators and scholars in eligible
countries in the development of curricular materials on
the history, government, and economy of such countries
that are useful in United States classrooms;
‘‘(D) opportunities to provide onsite demonstrations of
United States curricula and pedagogy for educational
leaders in eligible countries; and
‘‘(E) independent research and evaluation assistance
to determine—

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‘‘(i) the effects of the cooperative education
exchange programs assisted under this section on students’ development of the knowledge, skills, and traits
of character essential for the preservation and improvement of constitutional democracy; and
‘‘(ii) effective participation in, and improvement
of, an efficient market economy; and
‘‘(3) assist participants from eligible countries and the
United States to participate in international conferences on
civics and government education, and economic education, for
educational leaders, teacher trainers, scholars in related disciplines, and educational policymakers.
‘‘(d) PARTICIPANTS.—The primary participants in the cooperative education exchange programs assisted under this section shall
be educational leaders in the areas of civics and government education, and economic education, including teachers, curriculum and
teacher training specialists, scholars in relevant disciplines, and
educational policymakers, and government and private sector
leaders from the United States and eligible countries.
‘‘(e) CONSULTATION.—The Secretary may award a grant to, or
enter into a contract with, the entities described in section 2343
to carry out programs assisted under this section only if the Secretary of State concurs with the Secretary that such grant, or
contract, respectively, is consistent with the foreign policy of the
United States.
‘‘(f) AVOIDANCE OF DUPLICATION.—With the concurrence of the
Secretary of State, the Secretary shall ensure that—
‘‘(1) the activities carried out under the programs assisted
under this section are not duplicative of other activities conducted in eligible countries; and
‘‘(2) any institutions in eligible countries, with which the
Center for Civic Education, the National Council on Economic
Education, or organizations described in section 2343(a)(3) may
work in conducting such activities, are creditable.
‘‘(g) ELIGIBLE COUNTRY DEFINED.—In this section, the term
‘eligible country’ means a Central European country, an Eastern
European country, Lithuania, Latvia, Estonia, the independent
states of the former Soviet Union as defined in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801), the Republic of Ireland,
the province of Northern Ireland in the United Kingdom, and any
developing country (as such term is defined in section 209(d) of
the Education for the Deaf Act) if the Secretary, with the concurrence of the Secretary of State, determines that such developing
country has a democratic form of government.
20 USC 6716.

‘‘SEC. 2346. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this
subpart $30,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 5 succeeding fiscal years.

‘‘Subpart 4—Teaching of Traditional American
History
20 USC 6721.

‘‘SEC. 2351. ESTABLISHMENT OF PROGRAM.

‘‘(a) IN GENERAL.—The Secretary may establish and implement
a program to be known as the ‘Teaching American History Grant

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Program’, under which the Secretary shall award grants on a
competitive basis to local educational agencies—
‘‘(1) to carry out activities to promote the teaching of traditional American history in elementary schools and secondary
schools as a separate academic subject (not as a component
of social studies); and
‘‘(2) for the development, implementation, and strengthening of programs to teach traditional American history as
a separate academic subject (not as a component of social
studies) within elementary school and secondary school curricula, including the implementation of activities—
‘‘(A) to improve the quality of instruction; and
‘‘(B) to provide professional development and teacher
education activities with respect to American history.
‘‘(b) REQUIRED PARTNERSHIP.—A local educational agency that
receives a grant under subsection (a) shall carry out activities
under the grant in partnership with one or more of the following:
‘‘(1) An institution of higher education.
‘‘(2) A nonprofit history or humanities organization.
‘‘(3) A library or museum.
‘‘(c) APPLICATION.—To be eligible to receive an grant under
this section, a local educational agency shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
‘‘SEC. 2352. AUTHORIZATION OF APPROPRIATIONS.

20 USC 6722.

‘‘There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for fiscal year 2002 and
each of the 5 succeeding fiscal years.

‘‘Subpart 5—Teacher Liability Protection
‘‘SEC. 2361. SHORT TITLE.

‘‘This subpart may be cited as the ‘Paul D. Coverdell Teacher
Protection Act of 2001’.
‘‘SEC. 2362. PURPOSE.

Paul D. Coverdell
Teacher
Protection Act of
2001.
20 USC 6731.
20 USC 6732.

‘‘The purpose of this subpart is to provide teachers, principals,
and other school professionals the tools they need to undertake
reasonable actions to maintain order, discipline, and an appropriate
educational environment.
‘‘SEC. 2363. DEFINITIONS.

20 USC 6733.

‘‘For purposes of this subpart:
‘‘(1) ECONOMIC LOSS.—The term ‘economic loss’ means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death, burial
costs, and loss of business or employment opportunities) to
the extent recovery for such loss is allowed under applicable
State law.
‘‘(2) HARM.—The term ‘harm’ includes physical, nonphysical, economic, and noneconomic losses.
‘‘(3) NONECONOMIC LOSS.—The term ‘noneconomic loss’
means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss
of enjoyment of life, loss of society or companionship, loss
of consortium (other than loss of domestic service), hedonic

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PUBLIC LAW 107–110—JAN. 8, 2002
damages, injury to reputation, or any other nonpecuniary loss
of any kind or nature.
‘‘(4) SCHOOL.—The term ‘school’ means a public or private
kindergarten, a public or private elementary school or secondary school, or a home school.
‘‘(5) STATE.—The term ‘State’ means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, any other territory or possession
of the United States, or any political subdivision of any such
State, territory, or possession.
‘‘(6) TEACHER.—The term ‘teacher’ means—
‘‘(A) a teacher, instructor, principal, or administrator;
‘‘(B) another educational professional who works in
a school;
‘‘(C) a professional or nonprofessional employee who—
‘‘(i) works in a school; and
‘‘(ii)(I) in the employee’s job, maintains discipline
or ensures safety; or
‘‘(II) in an emergency, is called on to maintain
discipline or ensure safety; or
‘‘(D) an individual member of a school board (as distinct
from the board).

20 USC 6734.

‘‘SEC. 2364. APPLICABILITY.

‘‘This subpart shall only apply to States that receive funds
under this Act, and shall apply to such a State as a condition
of receiving such funds.
20 USC 6735.

‘‘SEC. 2365. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

‘‘(a) PREEMPTION.—This subpart preempts the laws of any State
to the extent that such laws are inconsistent with this subpart,
except that this subpart shall not preempt any State law that
provides additional protection from liability relating to teachers.
‘‘(b) ELECTION OF STATE REGARDING NONAPPLICABILITY.—This
subpart shall not apply to any civil action in a State court against
a teacher with respect to claims arising within that State if such
State enacts a statute in accordance with State requirements for
enacting legislation—
‘‘(1) citing the authority of this subsection;
‘‘(2) declaring the election of such State that this subpart
shall not apply, as of a date certain, to such civil action in
the State; and
‘‘(3) containing no other provisions.
20 USC 6736.

‘‘SEC. 2366. LIMITATION ON LIABILITY FOR TEACHERS.

‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Except as provided
in subsection (b), no teacher in a school shall be liable for harm
caused by an act or omission of the teacher on behalf of the
school if—
‘‘(1) the teacher was acting within the scope of the teacher’s
employment or responsibilities to a school or governmental
entity;
‘‘(2) the actions of the teacher were carried out in conformity with Federal, State, and local laws (including rules
and regulations) in furtherance of efforts to control, discipline,

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expel, or suspend a student or maintain order or control in
the classroom or school;
‘‘(3) if appropriate or required, the teacher was properly
licensed, certified, or authorized by the appropriate authorities
for the activities or practice involved in the State in which
the harm occurred, where the activities were or practice was
undertaken within the scope of the teacher’s responsibilities;
‘‘(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious,
flagrant indifference to the rights or safety of the individual
harmed by the teacher; and
‘‘(5) the harm was not caused by the teacher operating
a motor vehicle, vessel, aircraft, or other vehicle for which
the State requires the operator or the owner of the vehicle,
craft, or vessel to—
‘‘(A) possess an operator’s license; or
‘‘(B) maintain insurance.
‘‘(b) EXCEPTIONS TO TEACHER LIABILITY PROTECTION.—If the
laws of a State limit teacher liability subject to one or more of
the following conditions, such conditions shall not be construed
as inconsistent with this section:
‘‘(1) A State law that requires a school or governmental
entity to adhere to risk management procedures, including
mandatory training of teachers.
‘‘(2) A State law that makes the school or governmental
entity liable for the acts or omissions of its teachers to the
same extent as an employer is liable for the acts or omissions
of its employees.
ate law that makes a limitation of liability inapplicable
if the civil action was brought by an officer of a State or
local government pursuant to State or local law.
‘‘(c) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS
OF TEACHERS.—
‘‘(1) GENERAL RULE.—Punitive damages may not be
awarded against a teacher in an action brought for harm based
on the act or omission of a teacher acting within the scope
of the teacher’s employment or responsibilities to a school or
governmental entityunless the claimant establishes by clear
and convincing evidence that the harm was proximately caused
by an act or omission of such teacher that constitutes willful
or criminal misconduct, or a conscious, flagrant indifference
to the rights or safety of the individual harmed.
‘‘(2) CONSTRUCTION.—Paragraph (1) does not create a cause
of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law
would further limit the award of punitive damages.
‘‘(d) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
‘‘(1) IN GENERAL.—The limitations on the liability of a
teacher under this subpart shall not apply to any misconduct
that—
‘‘(A) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or
act of international terrorism (as that term is defined in
section 2331 of title 18, United States Code) for which
the defendant has been convicted in any court;

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(B) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted
in any court;
‘‘(C) involves misconduct for which the defendant has
been found to have violated a Federal or State civil rights
law; or
‘‘(D) where the defendant was under the influence (as
determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct.
‘‘(2) HIRING.—The limitations on the liability of a teacher
under this subpart shall not apply to misconduct during background investigations, or during other actions, involved in the
hiring of a teacher.
‘‘(e) RULES OF CONSTRUCTION.—
‘‘(1) CONCERNING RESPONSIBILITY OF TEACHERS TO SCHOOLS
AND GOVERNMENTAL ENTITIES.—Nothing in this section shall
be construed to affect any civil action brought by any school
or any governmental entity against any teacher of such school.
‘‘(2) CONCERNING CORPORAL PUNISHMENT.—Nothing in this
subpart shall be construed to affect any State or local law
(including a rule or regulation) or policy pertaining to the
use of corporal punishment.

20 USC 6737.

‘‘SEC. 2367. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC
LOSS.

‘‘(a) GENERAL RULE.—In any civil action against a teacher,
based on an act or omission of a teacher acting within the scope
of the teacher’s employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss
shall be determined in accordance with subsection (b).
‘‘(b) AMOUNT OF LIABILITY.—
‘‘(1) IN GENERAL.—
‘‘(A) LIABILITY.—Each defendant who is a teacher shall
be liable only for the amount of noneconomic loss allocated
to that defendant in direct proportion to the percentage
of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant
with respect to which that defendant is liable.
‘‘(B) SEPARATE JUDGMENT.—The court shall render a
separate judgment against each defendant in an amount
determined pursuant to subparagraph (A).
‘‘(2) PERCENTAGE OF RESPONSIBILITY.—For purposes of
determining the amount of noneconomic loss allocated to a
defendant who is a teacher under this section, the trier of
fact shall determine the percentage of responsibility of each
person responsible for the claimant’s harm, whether or not
such person is a party to the action.
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to preempt or supersede any Federal or State law
that further limits the application of joint liability in a civil action
described in subsection (a), beyond the limitations established in
this section.
20 USC 6738.

‘‘SEC. 2368. EFFECTIVE DATE.

‘‘(a) IN GENERAL.—This subpart shall take effect 90 days after
the date of enactment of the No Child Left Behind Act of 2001.
‘‘(b) APPLICATION.—This subpart applies to any claim for harm
caused by an act or omission of a teacher if that claim is filed

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on or after the effective date of the No Child Left Behind Act
of 2001 without regard to whether the harm that is the subject
of the claim or the conduct that caused the harm occurred before
such effective date.

‘‘PART D—ENHANCING EDUCATION THROUGH
TECHNOLOGY
‘‘SEC. 2401. SHORT TITLE.

Enhancing
Education
Through
Technology Act of
2001.

‘‘This part may be cited as the ‘Enhancing Education Through
Technology Act of 2001’.
‘‘SEC. 2402. PURPOSES AND GOALS.

‘‘(a) PURPOSES.—The purposes of this part are the following:
‘‘(1) To provide assistance to States and localities for the
implementation and support of a comprehensive system that
effectively uses technology in elementary schools and secondary
schools to improve student academic achievement.
‘‘(2) To encourage the establishment or expansion of initiatives, including initiatives involving public-private partnerships, designed to increase access to technology, particularly
in schools served by high-need local educational agencies.
‘‘(3) To assist States and localities in the acquisition,
development, interconnection, implementation, improvement,
and maintenance of an effective educational technology infrastructure in a manner that expands access to technology for
students (particularly for disadvantaged students) and teachers.
‘‘(4) To promote initiatives that provide school teachers,
principals, and administrators with the capacity to integrate
technology effectively into curricula and instruction that are
aligned with challenging State academic content and student
academic achievement standards, through such means as highquality professional development programs.
‘‘(5) To enhance the ongoing professional development of
teachers, principals, and administrators by providing constant
access to training and updated research in teaching and
learning through electronic means.
‘‘(6) To support the development and utilization of electronic
networks and other innovative methods, such as distance
learning, of delivering specialized or rigorous academic courses
and curricula for students in areas that would not otherwise
have access to such courses and curricula, particularly in geographically isolated regions.
‘‘(7) To support the rigorous evaluation of programs funded
under this part, particularly regarding the impact of such programs on student academic achievement, and ensure that
timely information on the results of such evaluations is widely
accessible through electronic means.
‘‘(8) To support local efforts using technology to promote
parent and family involvement in education and communication
among students, parents, teachers, principals, and administrators.
‘‘(b) GOALS.—
‘‘(1) PRIMARY GOAL.—The primary goal of this part is to
improve student academic achievement through the use of technology in elementary schools and secondary schools.

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‘‘(2) ADDITIONAL GOALS.—The additional goals of this part
are the following:
‘‘(A) To assist every student in crossing the digital
divide by ensuring that every student is technologically
literate by the time the student finishes the eighth grade,
regardless of the student’s race, ethnicity, gender, family
income, geographic location, or disability.
‘‘(B) To encourage the effective integration of technology resources and systems with teacher training and
curriculum development to establish research-based
instructional methods that can be widely implemented as
best practices by State educational agencies and local educational agencies.

20 USC 6753.

‘‘SEC. 2403. DEFINITIONS.

‘‘In this part:
‘‘(1) ELIGIBLE LOCAL ENTITY.—The term ‘eligible local entity’
means—
‘‘(A) a high-need local educational agency; or
‘‘(B) an eligible local partnership.
‘‘(2) ELIGIBLE LOCAL PARTNERSHIP.—The term ‘eligible local
partnership’ means a partnership that—
‘‘(A) shall include at least one high-need local educational agency and at least one—
‘‘(i) local educational agency that can demonstrate
that teachers in schools served by the agency are effectively integrating technology and proven teaching practices into instruction, based on a review of relevant
research, and that the integration results in improvement in—
‘‘(I) classroom instruction in the core academic
subjects; and
‘‘(II) the preparation of students to meet challenging State academic content and student academic achievement standards;
‘‘(ii) institution of higher education that is in full
compliance with the reporting requirements of section
207(f) of the Higher Education Act of 1965 and that
has not been identified by its State as low-performing
under section 208 of such Act;
‘‘(iii) for-profit business or organization that
develops, designs, manufactures, or produces technology products or services, or has substantial expertise in the application of technology in instruction;
or
‘‘(iv) public or private nonprofit organization with
demonstrated experience in the application of educational technology to instruction; and
‘‘(B) may include other local educational agencies, educational service agencies, libraries, or other educational
entities appropriate to provide local programs.
‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term
‘high-need local educational agency’ means a local educational
agency that—
‘‘(A) is among the local educational agencies in a State
with the highest numbers or percentages of children from
families with incomes below the poverty line; and

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‘‘(B)(i) operates one or more schools identified under
section 1116; or
‘‘(ii) has a substantial need for assistance in acquiring
and using technology.
‘‘SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.

20 USC 6754.

‘‘(a) IN GENERAL.—There are authorized to be appropriated
to carry out subparts 1 and 2, $1,000,000,000 for fiscal year 2002,
and such sums as may be necessary for each of the 5 succeeding
fiscal years.
‘‘(b) ALLOCATION OF FUNDS BETWEEN STATE AND LOCAL AND
NATIONAL INITIATIVES.—The amount of funds made available under
subsection (a) for a fiscal year shall be allocated so that—
‘‘(1) not less than 98 percent is made available to carry
out subpart 1; and
‘‘(2) not more than 2 percent is made available to carry
out subpart 2.
‘‘(c) ALLOCATION OF FUNDS FOR STUDY.—Of the total amount
of funds allocated under subsection (b)(2) for fiscal years 2002
through 2007, not more than $15,000,000 may be used to carry
out section 2421(a).
‘‘(d) LIMITATION.—Of the amount of funds made available to
a recipient of funds under this part for a fiscal year, not more
than 5 percent may be used by the recipient for administrative
costs or technical assistance, of which not more than 60 percent
may be used by the recipient for administrative costs.

‘‘Subpart 1—State and Local Technology Grants
‘‘SEC. 2411. ALLOTMENT AND REALLOTMENT.

20 USC 6761.

‘‘(a) RESERVATIONS AND ALLOTMENT.—From the amount made
available to carry out this subpart under section 2404(b)(1) for
a fiscal year—
‘‘(1) the Secretary shall reserve—
‘‘(A) three-fourths of 1 percent for the Secretary of
the Interior for programs under this subpart for schools
operated or funded by the Bureau of Indian Affairs;
‘‘(B) one-half of 1 percent to provide assistance under
this subpart to the outlying areas; and
‘‘(C) such sums as may be necessary for continuation
awards on grants awarded under section 3136 prior to
the date of enactment of the No Child Left Behind Act
of 2001; and
‘‘(2) from the remainder of such amount and subject to
subsection (b), the Secretary shall make grants by allotting
to each eligible State educational agency under this subpart
an amount that bears the same relationship to such remainder
for such year as the amount received under part A of title
I for such year by such State educational agency bears to
the amount received under such part for such year by all
State educational agencies.
‘‘(b) MINIMUM ALLOTMENT.—The amount of any State educational agency’s allotment under subsection (a)(2) for any fiscal
year may not be less than one-half of 1 percent of the amount
made available for allotments to States under this part for such
year.

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‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any State educational
agency does not apply for an allotment under this subpart for
a fiscal year, or does not use its entire allotment under this subpart
for that fiscal year, the Secretary shall reallot the amount of the
State educational agency’s allotment, or the unused portion of the
allotment, to the remaining State educational agencies that use
their entire allotments under this subpart in accordance with this
section.
‘‘(d) STATE EDUCATIONAL AGENCY DEFINED.—In this section,
the term ‘State educational agency’ does not include an agency
of an outlying area or the Bureau of Indian Affairs.
20 USC 6762.

‘‘SEC. 2412. USE OF ALLOTMENT BY STATE.

‘‘(a) IN GENERAL.—Of the amount provided to a State educational agency (from the agency’s allotment under section
2411(a)(2)) for a fiscal year—
‘‘(1) the State educational agency may use not more than
5 percent to carry out activities under section 2415; and
‘‘(2) the State educational agency shall distribute the
remainder as follows:
‘‘(A) From 50 percent of the remainder, the State educational agency shall award subgrants by allocating to
each eligible local educational agency that has submitted
an application to the State educational agency under section 2414, for the activities described in section 2416, an
amount that bears the same relationship to 50 percent
of the remainder for such year as the amount received
under part A of title I for such year by such local educational agency bears to the amount received under such
part for such year by all local educational agencies within
the State.
‘‘(B) From 50 percent of the remainder and subject
to subsection (b), the State educational agency shall award
subgrants, through a State-determined competitive process,
to eligible local entities that have submitted applications
to the State educational agency under section 2414, for
the activities described in section 2416.
‘‘(b) SUFFICIENT AMOUNTS.—
‘‘(1) SPECIAL RULE.—In awarding a subgrant under subsection (a)(2)(B), the State educational agency shall—
‘‘(A) determine the local educational agencies that—
‘‘(i) received allocations under subsection (a)(2)(A)
that are not of sufficient size to be effective, consistent
with the purposes of this part; and
‘‘(ii) are eligible local entities;
‘‘(B) give priority to applications submitted by eligible
local educational agencies described in subparagraph (A);
and
‘‘(C) determine the minimum amount for awards under
subsection (a)(2)(B) to ensure that subgrants awarded
under that subsection are of sufficient size to be effective.
‘‘(2) SUFFICIENCY.—In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure
that each subgrant is of sufficient size and duration, and that
the program funded by the subgrant is of sufficient scope and
quality, to carry out the purposes of this part effectively.

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‘‘(3) DISTRIBUTION.—In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure
an equitable distribution of assistance under this subpart
among urban and rural areas of the State, according to the
demonstrated need of those local educational agencies serving
the areas.
‘‘(c) FISCAL AGENT.—If an eligible local partnership receives
a subgrant under subsection (a)(2)(B), a local educational agency
in the partnership shall serve as the fiscal agent for the partnership.
‘‘(d) TECHNICAL ASSISTANCE.—Each State educational agency
receiving a grant under section 2411(a) shall—
‘‘(1) identify the local educational agencies served by the
State educational agency that—
‘‘(A) have the highest numbers or percentages of children from families with incomes below the poverty line;
and
‘‘(B) demonstrate to such State educational agency the
greatest need for technical assistance in developing an
application under section 2414; and
‘‘(2) offer the technical assistance described in paragraph
(1)(B) to those local educational agencies.
‘‘SEC. 2413. STATE APPLICATIONS.

20 USC 6763.

‘‘(a) IN GENERAL.—To be eligible to receive a grant under this
subpart, a State educational agency shall submit to the Secretary,
at such time and in such manner as the Secretary may specify,
an application containing a new or updated statewide long-range
strategic educational technology plan (which shall address the educational technology needs of local educational agencies) and such
other information as the Secretary may reasonably require.
‘‘(b) CONTENTS.—Each State application submitted under subsection (a) shall include each of the following:
‘‘(1) An outline of the State educational agency’s long-term
strategies for improving student academic achievement,
including technology literacy, through the effective use of technology in classrooms throughout the State, including through
improving the capacity of teachers to integrate technology effectively into curricula and instruction.
‘‘(2) A description of the State educational agency’s goals
for using advanced technology to improve student academic
achievement, and how those goals are aligned with challenging
State academic content and student academic achievement
standards.
‘‘(3) A description of how the State educational agency
will take steps to ensure that all students and teachers in
the State, particularly students and teachers in districts served
by high-need local educational agencies, have increased access
to technology.
‘‘(4) A description of the process and accountability measures that the State educational agency will use to evaluate
the extent to which activities funded under this subpart are
effective in integrating technology into curricula and instruction.
‘‘(5) A description of how the State educational agency
will encourage the development and utilization of innovative
strategies for the delivery of specialized or rigorous academic
courses and curricula through the use of technology, including

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Notice.

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PUBLIC LAW 107–110—JAN. 8, 2002

distance learning technologies, particularly for those areas of
the State that would not otherwise have access to such courses
and curricula due to geographical isolation or insufficient
resources.
‘‘(6) An assurance that financial assistance provided under
this subpart will supplement, and not supplant, State and
local funds.
‘‘(7) A description of how the plan incorporates teacher
education, professional development, and curriculum development, and how the State educational agency will work to ensure
that teachers and principals in a State receiving funds under
this part are technologically literate.
‘‘(8) A description of—
‘‘(A) how the State educational agency will provide
technical assistance to applicants under section 2414, especially to those applicants serving the highest numbers or
percentages of children in poverty or with the greatest
need for technical assistance; and
‘‘(B) the capacity of the State educational agency to
provide such assistance.
‘‘(9) A description of technology resources and systems that
the State will provide for the purpose of establishing best
practices that can be widely replicated by State educational
agencies and local educational agencies in the State and in
other States.
‘‘(10) A description of the State’s long-term strategies for
financing technology to ensure that all students, teachers, and
classrooms have access to technology.
‘‘(11) A description of the State’s strategies for using technology to increase parental involvement.
‘‘(12) A description of how the State educational agency
will ensure that each subgrant awarded under section
2412(a)(2)(B) is of sufficient size and duration, and that the
program funded by the subgrant is of sufficient scope and
quality, to carry out the purposes of this part effectively.
‘‘(13) A description of how the State educational agency
will ensure ongoing integration of technology into school curricula and instructional strategies in all schools in the State,
so that technology will be fully integrated into the curricula
and instruction of the schools by December 31, 2006.
‘‘(14) A description of how the local educational agencies
in the State will provide incentives to teachers who are technologically literate and teaching in rural or urban areas, to
encourage such teachers to remain in those areas.
‘‘(15) A description of how public and private entities will
participate in the implementation and support of the plan.
‘‘(c) DEEMED APPROVAL.—An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day period
beginning on the date on which the Secretary received the application, that the application is not in compliance with this part.
‘‘(d) DISAPPROVAL.—The Secretary shall not finally disapprove
the application, except after giving the State educational agency
notice and an opportunity for a hearing.

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‘‘(e) NOTIFICATION.—If the Secretary finds that the application
is not in compliance, in whole or in part, with this part, the
Secretary shall—
‘‘(1) give the State educational agency notice and an opportunity for a hearing; and
‘‘(2) notify the State educational agency of the finding of
noncompliance and, in such notification, shall—
‘‘(A) cite the specific provisions in the application that
are not in compliance; and
‘‘(B) request additional information, only as to the noncompliant provisions, needed to make the application
compliant.
‘‘(f) RESPONSE.—If the State educational agency responds to
the Secretary’s notification described in subsection (e)(2) during
the 45-day period beginning on the date on which the agency
received the notification, and resubmits the application with the
requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the
later of—
‘‘(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
‘‘(2) the expiration of the 120-day period described in subsection (c).
‘‘(g) FAILURE TO RESPOND.—If the State educational agency
does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on
which the agency received the notification, such application shall
be deemed to be disapproved.
‘‘SEC. 2414. LOCAL APPLICATIONS.

20 USC 6764.

‘‘(a) IN GENERAL.—To be eligible to receive a subgrant from
a State educational agency under this subpart, a local educational
agency or eligible local entity shall submit to the State educational
agency an application containing a new or updated local longrange strategic educational technology plan that is consistent with
the objectives of the statewide educational technology plan described
in section 2413(a), and such other information as the State educational agency may reasonably require, at such time and in such
manner as the State educational agency may require.
‘‘(b) CONTENTS.—The application shall include each of the following:
‘‘(1) A description of how the applicant will use Federal
funds under this subpart to improve the student academic
achievement, including technology literacy, of all students
attending schools served by the local educational agency and
to improve the capacity of all teachers teaching in schools
served by the local educational agency to integrate technology
effectively into curricula and instruction.
‘‘(2) A description of the applicant’s specific goals for using
advanced technology to improve student academic achievement,
aligned with challenging State academic content and student
academic achievement standards.
‘‘(3) A description of the steps the applicant will take to
ensure that all students and teachers in schools served by
the local educational agency involved have increased access
to educational technology, including how the agency would use

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funds under this subpart (such as combining the funds with
funds from other sources), to help ensure that—
‘‘(A) students in high-poverty and high-needs schools,
or schools identified under section 1116, have access to
technology; and
‘‘(B) teachers are prepared to integrate technology effectively into curricula and instruction.
‘‘(4) A description of how the applicant will—
‘‘(A) identify and promote curricula and teaching strategies that integrate technology effectively into curricula and
instruction, based on a review of relevant research, leading
to improvements in student academic achievement, as
measured by challenging State academic content and student academic achievement standards; and
‘‘(B) provide ongoing, sustained professional development for teachers, principals, administrators, and school
library media personnel serving the local educational
agency, to further the effective use of technology in the
classroom or library media center, including, if applicable,
a list of the entities that will be partners with the local
educational agency involved in providing the ongoing, sustained professional development.
‘‘(5) A description of the type and costs of technologies
to be acquired under this subpart, including services, software,
and digital curricula, and including specific provisions for interoperability among components of such technologies.
‘‘(6) A description of how the applicant will coordinate
activities carried out with funds provided under this subpart
with technology-related activities carried out with funds available from other Federal, State, and local sources.
‘‘(7) A description of how the applicant will integrate technology (including software and other electronically delivered
learning materials) into curricula and instruction, and a
timeline for such integration.
‘‘(8) A description of how the applicant will encourage the
development and utilization of innovative strategies for the
delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning
technologies, particularly for those areas that would not otherwise have access to such courses and curricula due to geographical isolation or insufficient resources.
‘‘(9) A description of how the applicant will ensure the
effective use of technology to promote parental involvement
and increase communication with parents, including a description of how parents will be informed of the technology being
applied in their child’s education so that the parents are able
to reinforce at home the instruction their child receives at
school.
‘‘(10) A description of how programs will be developed,
where applicable, in collaboration with adult literacy service
providers, to maximize the use of technology.
‘‘(11) A description of the process and accountability measures that the applicant will use to evaluate the extent to
which activities funded under this subpart are effective in
integrating technology into curricula and instruction, increasing
the ability of teachers to teach, and enabling students to meet

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challenging State academic content and student academic
achievement standards.
‘‘(12) A description of the supporting resources (such as
services, software, other electronically delivered learning materials, and print resources) that will be acquired to ensure
successful and effective uses of technology.
‘‘(c) COMBINED APPLICATIONS.—A local educational agency that
is an eligible local entity and submits an application to the State
educational agency under this section for funds awarded under
section 2412(a)(2)(A) may combine the agency’s application for funds
awarded under that section with an application for funds awarded
under section 2412(a)(2)(B).
‘‘(d) SPECIAL RULE.—
‘‘(1) CONSORTIUM APPLICATIONS.—
‘‘(A) IN GENERAL.—For any fiscal year, a local educational agency applying for financial assistance described
in section 2412(a)(2)(A) may apply as part of a consortium
that includes other local educational agencies, institutions
of higher education, educational service agencies, libraries,
or other educational entities appropriate to provide local
programs.
‘‘(B) FISCAL AGENT.—If a local educational agency
applies for and receives financial assistance described in
section 2412(a)(2)(A) as part of a consortium, the local
educational agency shall serve as the fiscal agent for the
consortium.
‘‘(2) STATE EDUCATIONAL AGENCY ASSISTANCE.—At the
request of a local educational agency, a State educational
agency may assist the local educational agency in the formation
of a consortium described in paragraph (1) to provide services
for the teachers and students served by the local educational
agency.
‘‘SEC. 2415. STATE ACTIVITIES.

20 USC 6765.

‘‘From funds made available under section 2412(a)(1), a State
educational agency shall carry out activities and assist local efforts
to carry out the purposes of this part, which may include the
following activities:
‘‘(1) Developing, or assisting applicants or recipients of
funds under this subpart in the development and utilization
of, innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies, and providing
other technical assistance to such applicants or recipients
throughout the State, with priority given to high-need local
educational agencies.
‘‘(2) Establishing or supporting public-private initiatives
(such as interest-free or reduced-cost loans) for the acquisition
of educational technology for high-need local educational agencies and students attending schools served by such agencies.
‘‘(3) Assisting recipients of funds under this subpart in
providing sustained and intensive, high-quality professional
development based on a review of relevant research in the
integration of advanced technologies, including emerging technologies, into curricula and instruction and in using those technologies to create new learning environments, including
training in the use of technology to—

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‘‘(A) access data and resources to develop curricula
and instructional materials;
‘‘(B) enable teachers—
‘‘(i) to use the Internet and other technology to
communicate with parents, other teachers, principals,
and administrators; and
‘‘(ii) to retrieve Internet-based learning resources;
and
‘‘(C) lead to improvements in classroom instruction in
the core academic subjects, that effectively prepare students to meet challenging State academic content standards
and student academic achievement standards.
‘‘(4) Assisting recipients of funds under this subpart in
providing all students (including students with disabilities and
students with limited English proficiency) and teachers with
access to educational technology.
‘‘(5) Developing performance measurement systems to
determine the effectiveness of educational technology programs
funded under this subpart, particularly in determining the
extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction,
increasing the ability of teachers to teach, and enabling students to meet challenging State academic content and student
academic achievement standards.
‘‘(6) Collaborating with other State educational agencies
on distance learning, including making specialized or rigorous
academic courses and curricula available to students in areas
that would not otherwise have access to such courses and
curricula.

20 USC 6766.

‘‘SEC. 2416. LOCAL ACTIVITIES.

‘‘(a) PROFESSIONAL DEVELOPMENT.—
‘‘(1) IN GENERAL.—A recipient of funds made available
under section 2412(a)(2) shall use not less than 25 percent
of such funds to provide ongoing, sustained, and intensive,
high-quality professional development. The recipient shall provide professional development in the integration of advanced
technologies, including emerging technologies, into curricula
and instruction and in using those technologies to create new
learning environments, such as professional development in
the use of technology—
‘‘(A) to access data and resources to develop curricula
and instructional materials;
‘‘(B) to enable teachers—
‘‘(i) to use the Internet and other technology to
communicate with parents, other teachers, principals,
and administrators; and
‘‘(ii) to retrieve Internet-based learning resources;
and
‘‘(C) to lead to improvements in classroom instruction
in the core academic subjects, that effectively prepare students to meet challenging State academic content standards, including increasing student technology literacy, and
student academic achievement standards.
‘‘(2) WAIVERS.—Paragraph (1) shall not apply to a recipient
of funds made available under section 2412(a)(2) that demonstrates, to the satisfaction of the State educational agency

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involved, that the recipient already provides ongoing, sustained,
and intensive, high-quality professional development that is
based on a review of relevant research, to all teachers in
core academic subjects in the integration of advanced technologies, including emerging technologies, into curricula and
instruction.
‘‘(b) OTHER ACTIVITIES.—In addition to the activities described
in subsection (a), a recipient of funds made available by a State
educational agency under section 2412(a)(2) shall use such funds
to carry out other activities consistent with this subpart, which
may include the following:
‘‘(1) Establishing or expanding initiatives, particularly initiatives involving public-private partnerships, designed to
increase access to technology for students and teachers, with
special emphasis on the access of high-need schools to technology.
‘‘(2) Adapting or expanding existing and new applications
of technology to enable teachers to increase student academic
achievement, including technology literacy—
‘‘(A) through the use of teaching practices that are
based on a review of relevant research and are designed
to prepare students to meet challenging State academic
content and student academic achievement standards; and
‘‘(B) by the development and utilization of innovative
distance learning strategies to deliver specialized or rigorous academic courses and curricula to areas that would
not otherwise have access to such courses and curricula.
‘‘(3) Acquiring proven and effective courses and curricula
that include integrated technology and are designed to help
students meet challenging State academic content and student
academic achievement standards.
‘‘(4) Utilizing technology to develop or expand efforts to
connect schools and teachers with parents and students to
promote meaningful parental involvement, to foster increased
communication about curricula, assignments, and assessments
between students, parents, and teachers, and to assist parents
to understand the technology being applied in their child’s
education, so that parents are able to reinforce at home the
instruction their child receives at school.
‘‘(5) Preparing one or more teachers in elementary schools
and secondary schools as technology leaders who are provided
with the means to serve as experts and train other teachers
in the effective use of technology, and providing bonus payments
to the technology leaders.
‘‘(6) Acquiring, adapting, expanding, implementing,
repairing, and maintaining existing and new applications of
technology, to support the school reform effort and to improve
student academic achievement, including technology literacy.
‘‘(7) Acquiring connectivity linkages, resources, and services
(including the acquisition of hardware and software and other
electronically delivered learning materials) for use by teachers,
students, academic counselors, and school library media personnel in the classroom, in academic and college counseling
centers, or in school library media centers, in order to improve
student academic achievement.
‘‘(8) Using technology to collect, manage, and analyze data
to inform and enhance teaching and school improvement efforts.

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‘‘(9) Implementing performance measurement systems to
determine the effectiveness of education technology programs
funded under this subpart, particularly in determining the
extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction,
increasing the ability of teachers to teach, and enabling students to meet challenging State academic content and student
academic achievement standards.
‘‘(10) Developing, enhancing, or implementing information
technology courses.

‘‘Subpart 2—National Technology Activities
‘‘SEC. 2421. NATIONAL ACTIVITIES.

20 USC 6771.

Establishment.

Reports.
Deadline.
Internet.

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‘‘(a) STUDY.—Using funds made available under section
2404(b)(2), the Secretary—
‘‘(1) shall conduct an independent, long-term study, utilizing scientifically based research methods and control groups
or control conditions—
‘‘(A) on the conditions and practices under which educational technology is effective in increasing student academic achievement; and
‘‘(B) on the conditions and practices that increase the
ability of teachers to integrate technology effectively into
curricula and instruction, that enhance the learning
environment and opportunities, and that increase student
academic achievement, including technology literacy;
‘‘(2) shall establish an independent review panel to advise
the Secretary on methodological and other issues that arise
in conducting the long-term study;
‘‘(3) shall consult with other interested Federal departments or agencies, State and local educational practitioners
and policymakers (including teachers, principals, and superintendents), and experts in technology, regarding the study;
and
‘‘(4) shall submit to Congress interim reports, when appropriate, and a final report, to be submitted not later than April
1, 2006, on the findings of the study.
‘‘(b) DISSEMINATION.—Using funds made available under section
2404(b)(2), the Secretary shall make widely available, including
through dissemination on the Internet and to all State educational
agencies and other recipients of funds under this part, findings
identified through activities carried out under this section regarding
the conditions and practices under which educational technology
is effective in increasing student academic achievement.
‘‘(c) TECHNICAL ASSISTANCE.—Using funds made available
under section 2404(b)(2), the Secretary may provide technical assistance (directly or through the competitive award of grants or contracts) to State educational agencies, local educational agencies,
and other recipients of funds, particularly in rural areas, under
this part, in order to assist such State educational agencies, local
educational agencies, and other recipients to achieve the purposes
of this part.

20 USC 6772.

‘‘SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN.

Publication.
Public
information.

‘‘(a) IN GENERAL.—Based on the Nation’s progress and an
assessment by the Secretary of the continuing and future needs

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of the Nation’s schools in effectively using technology to provide
all students the opportunity to meet challenging State academic
content and student academic achievement standards, the Secretary
shall update and publish, in a form readily accessible to the public,
a national long-range technology plan, by not later than 12 months
after the date of enactment of the No Child Left Behind Act of
2001.
‘‘(b) CONTENTS.—The plan referred to in subsection (a) shall
include each of the following:
‘‘(1) A description of the manner in which the Secretary
will promote—
‘‘(A) higher student academic achievement through the
integration of advanced technologies, including emerging
technologies, into curricula and instruction;
‘‘(B) increased access to technology for teaching and
learning for schools with a high number or percentage
of children from families with incomes below the poverty
line; and
‘‘(C) the use of technology to assist in the implementation of State systemic reform strategies.
‘‘(2) A description of joint activities of the Department
of Education and other Federal departments or agencies that
will promote the use of technology in education.

‘‘Subpart 3—Ready-to-Learn Television
‘‘SEC. 2431. READY-TO-LEARN TELEVISION.

20 USC 6775.

‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements
with, eligible entities described in paragraph (3) to enable such
entities—
‘‘(A) to develop, produce, and distribute educational
and instructional video programming for preschool and
elementary school children and their parents in order to
facilitate student academic achievement;
‘‘(B) to facilitate the development, directly or through
contracts with producers of children and family educational
television programming, of educational programming for
preschool and elementary school children, and the accompanying support materials and services that promote the
effective use of such programming;
‘‘(C) to facilitate the development of programming and
digital content containing Ready-to-Learn-based children’s
programming and resources for parents and caregivers that
is specially designed for nationwide distribution over public
television stations’ digital broadcasting channels and the
Internet;
‘‘(D) to contract with entities (such as public telecommunications entities) so that programs developed under
this section are disseminated and distributed to the widest
possible audience appropriate to be served by the programming, and through the use of the most appropriate distribution technologies; and
‘‘(E) to develop and disseminate education and training
materials, including interactive programs and programs

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adaptable to distance learning technologies, that are
designed—
‘‘(i) to promote school readiness; and
‘‘(ii) to promote the effective use of materials developed under subparagraphs (B) and (C) among parents,
teachers, Head Start providers, Even Start providers,
providers of family literacy services, child care providers, early childhood development personnel,
elementary school teachers, public libraries, and afterschool program personnel caring for preschool and
elementary school children.
‘‘(2) AVAILABILITY.—In awarding grants, contracts, or
cooperative agreements under this section, the Secretary shall
ensure that eligible entities make programming widely available, with support materials as appropriate, to young children,
parents, child care workers, Head Start providers, Even Start
providers, and providers of family literacy services to increase
the effective use of such programming.
‘‘(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant,
contract, or cooperative agreements under this section, an entity
shall be a public telecommunications entity that is able to
demonstrate each of the following:
‘‘(A) A capacity for the development and national distribution of educational and instructional television
programming of high quality that is accessible by a large
majority of disadvantaged preschool and elementary school
children.
‘‘(B) A capacity to contract with the producers of children’s television programming for the purpose of developing
educational television programming of high quality.
‘‘(C) A capacity, consistent with the entity’s mission
and nonprofit nature, to negotiate such contracts in a
manner that returns to the entity an appropriate share
of any ancillary income from sales of any program-related
products.
‘‘(D) A capacity to localize programming and materials
to meet specific State and local needs and to provide educational outreach at the local level.
‘‘(4) COORDINATION OF ACTIVITIES.—An entity receiving a
grant, contract, or cooperative agreement under this section
shall consult with the Secretary and the Secretary of Health
and Human Services—
‘‘(A) to maximize the utilization of quality educational
programming by preschool and elementary school children,
and make such programming widely available to federally
funded programs serving such populations; and
‘‘(B) to coordinate activities with Federal programs that
have major training components for early childhood
development, including programs under the Head Start
Act (42 U.S.C. 9831 et seq.) and Even Start, and State
training activities funded under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858
et seq.), regarding the availability and utilization of materials developed under paragraph (1)(E) to enhance parent
and child care provider skills in early childhood development and education.

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‘‘(b) APPLICATIONS.—To be eligible to receive a grant, contract,
or cooperative agreement under subsection (a), an entity shall
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
‘‘(c) REPORTS AND EVALUATIONS.—
‘‘(1) ANNUAL REPORT TO THE SECRETARY.—An entity
receiving a grant, contract, or cooperative agreement under
this section shall prepare and submit to the Secretary an
annual report that contains such information as the Secretary
may require. At a minimum, the report shall describe the
program activities undertaken with funds received under the
grant, contract, or cooperative agreement, including each of
the following:
‘‘(A) The programming that has been developed,
directly or indirectly, by the eligible entity, and the target
population of the programs developed.
‘‘(B) The support and training materials that have
been developed to accompany the programming, and the
method by which the materials are distributed to consumers and users of the programming.
‘‘(C) The means by which programming developed
under this section has been distributed, including the distance learning technologies that have been utilized to make
programming available, and the geographic distribution
achieved through such technologies.
‘‘(D) The initiatives undertaken by the entity to develop
public-private partnerships to secure non-Federal support
for the development, distribution, and broadcast of educational and instructional programming.
‘‘(2) REPORT TO CONGRESS.—The Secretary shall prepare
and submit to the relevant committees of Congress a biannual
report that includes the following:
‘‘(A) A summary of the activities assisted under subsection (a).
‘‘(B) A description of the education and training materials made available under subsection (a)(1)(E), the manner
in which outreach has been conducted to inform parents
and child care providers of the availability of such materials, and the manner in which such materials have been
distributed in accordance with such subsection.
‘‘(d) ADMINISTRATIVE COSTS.—An entity that receives a grant,
contract, or cooperative agreement under this section may use up
to 5 percent of the amount received under the grant, contract,
or agreement for the normal and customary expenses of administering the grant, contract, or agreement.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—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.
‘‘(2) FUNDING RULE.—Not less than 60 percent of the
amount appropriated under paragraph (1) for each fiscal year
shall be used to carry out activities under subparagraphs (B)
through (D) of subsection (a)(1).

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‘‘Subpart 4—Limitation on Availability of Certain
Funds for Schools
20 USC 6777.

Certification.

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‘‘SEC. 2441. INTERNET SAFETY.

‘‘(a) IN GENERAL.—No funds made available under this part
to a local educational agency for an elementary school or secondary
school that does not receive services at discount rates under section
254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5))
may be used to purchase computers used to access the Internet,
or to pay for direct costs associated with accessing the Internet,
for such school unless the school, school board, local educational
agency, or other authority with responsibility for administration
of such school both—
‘‘(1)(A) has in place a policy of Internet safety for minors
that includes the operation of a technology protection measure
with respect to any of its computers with Internet access that
protects against access through such computers to visual depictions that are—
‘‘(i) obscene;
‘‘(ii) child pornography; or
‘‘(iii) harmful to minors; and
‘‘(B) is enforcing the operation of such technology protection
measure during any use of such computers by minors; and
‘‘(2)(A) has in place a policy of Internet safety that includes
the operation of a technology protection measure with respect
to any of its computers with Internet access that protects
against access through such computers to visual depictions
that are—
‘‘(i) obscene; or
‘‘(ii) child pornography; and
‘‘(B) is enforcing the operation of such technology protection
measure during any use of such computers.
‘‘(b) TIMING AND APPLICABILITY OF IMPLEMENTATION.—
‘‘(1) IN GENERAL.—The local educational agency with
responsibility for a school covered by subsection (a) shall certify
the compliance of such school with the requirements of subsection (a) as part of the application process for the next program funding year under this Act following December 21, 2000,
and for each subsequent program funding year thereafter.
‘‘(2) PROCESS.—
‘‘(A) SCHOOLS WITH INTERNET SAFETY POLICIES AND
TECHNOLOGY PROTECTION MEASURES IN PLACE.—A local
educational agency with responsibility for a school covered
by subsection (a) that has in place an Internet safety policy
meeting the requirements of subsection (a) shall certify
its compliance with subsection (a) during each annual program application cycle under this Act.
‘‘(B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND
TECHNOLOGY PROTECTION MEASURES IN PLACE.—
‘‘(i) CERTIFICATION.—A local educational agency
with responsibility for a school covered by subsection
(a) that does not have in place an Internet safety
policy meeting the requirements of subsection (a)—
‘‘(I) for the first program year after December
21, 2000, in which the local educational agency
is applying for funds for such school under this

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Act, shall certify that it is undertaking such
actions, including any necessary procurement
procedures, to put in place an Internet safety policy
that meets such requirements; and
‘‘(II) for the second program year after
December 21, 2000, in which the local educational
agency is applying for funds for such school under
this Act, shall certify that such school is in compliance with such requirements.
‘‘(ii) INELIGIBILITY.—Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such
requirements in such second program year shall be
ineligible for all funding under this part for such second
program year and all subsequent program years until
such time as such school comes into compliance with
such requirements.
‘‘(C) WAIVERS.—Any school subject to a certification
under subparagraph (B)(i)(II) for which the local educational agency concerned cannot make the certification
otherwise required by that subparagraph may seek a
waiver of that subparagraph if State or local procurement
rules or regulations or competitive bidding requirements
prevent the making of the certification otherwise required
by that subparagraph. The local educational agency concerned shall notify the Secretary of the applicability of
that subparagraph to the school. Such notice shall certify
that the school will be brought into compliance with the
requirements in subsection (a) before the start of the third
program year after December 21, 2000, in which the school
is applying for funds under this part.
‘‘(c) DISABLING DURING CERTAIN USE.—An administrator, supervisor, or person authorized by the responsible authority under subsection (a) may disable the technology protection measure concerned
to enable access for bona fide research or other lawful purposes.
‘‘(d) NONCOMPLIANCE.—
‘‘(1) USE OF GENERAL EDUCATION PROVISIONS ACT REMEDIES.—Whenever the Secretary has reason to believe that
any recipient of funds under this part is failing to comply
substantially with the requirements of this section, the Secretary may—
‘‘(A) withhold further payments to the recipient under
this part;
‘‘(B) issue a complaint to compel compliance of the
recipient through a cease and desist order; or
‘‘(C) enter into a compliance agreement with a recipient
to bring it into compliance with such requirements,
in same manner as the Secretary is authorized to take such
actions under sections 455, 456, and 457, respectively, of the
General Education Provisions Act.
‘‘(2) RECOVERY OF FUNDS PROHIBITED.—The actions authorized by paragraph (1) are the exclusive remedies available
with respect to the failure of a school to comply substantially
with a provision of this section, and the Secretary shall not
seek a recovery of funds from the recipient for such failure.
‘‘(3) RECOMMENCEMENT OF PAYMENTS.—Whenever the Secretary determines (whether by certification or other appropriate

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evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the
failure providing the basis for the withholding of payments,
the Secretary shall cease the withholding of payments to the
recipient under that paragraph.
‘‘(e) DEFINITIONS.—In this subpart:
‘‘(1) COMPUTER.—The term ‘computer’ includes any hardware, software, or other technology attached or connected to,
installed in, or otherwise used in connection with a computer.
‘‘(2) ACCESS TO INTERNET.—A computer shall be considered
to have access to the Internet if such computer is equipped
with a modem or is connected to a computer network that
has access to the Internet.
‘‘(3) ACQUISITION OR OPERATION.—An elementary school or
secondary school shall be considered to have received funds
under this part for the acquisition or operation of any computer
if such funds are used in any manner, directly or indirectly—
‘‘(A) to purchase, lease, or otherwise acquire or obtain
the use of such computer; or
‘‘(B) to obtain services, supplies, software, or other
actions or materials to support, or in connection with,
the operation of such computer.
‘‘(4) MINOR.—The term ‘minor’ means an individual who
has not attained the age of 17.
‘‘(5) CHILD PORNOGRAPHY.—The term ‘child pornography’
has the meaning given that term in section 2256 of title 18,
United States Code.
‘‘(6) HARMFUL TO MINORS.—The term ‘harmful to minors’
means any picture, image, graphic image file, or other visual
depiction that—
‘‘(A) taken as a whole and with respect to minors,
appeals to a prurient interest in nudity, sex, or excretion;
‘‘(B) depicts, describes, or represents, in a patently
offensive way with respect to what is suitable for minors,
an actual or simulated sexual act or sexual contact, actual
or simulated normal or perverted sexual acts, or a lewd
exhibition of the genitals; and
‘‘(C) taken as a whole, lacks serious literary, artistic,
political, or scientific value as to minors.
‘‘(7) OBSCENE.—The term ‘obscene’ has the meaning
applicable to that term under section 1460 of title 18, United
States Code.
‘‘(8) SEXUAL ACT AND SEXUAL CONTACT.—The terms ‘sexual
act’ and ‘sexual contact’ have the meanings given those terms
in section 2246 of title 18, United States Code.
‘‘(f) SEVERABILITY.—If any provision of this section is held
invalid, the remainder of this section shall not be affected thereby.’’.
20 USC 6301
note.

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SEC. 202. CONTINUATION OF AWARDS.

Notwithstanding any other provision of this Act or the
Elementary and Secondary Education Act of 1965, in the case
of—
(1) a person or entity that, prior to the date of enactment
of this Act, was awarded funds appropriated under the Department of Education Appropriations Act, 2001 for new teacher
recruitment initiatives; or

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(2) a person or agency that, prior to the date of enactment
of this Act, was awarded a grant or contract under part K
of title X of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8331 et seq.),
the Secretary of Education shall continue to provide funds in accordance with the terms of such award until the date on which the
award period terminates.

TITLE III—LANGUAGE INSTRUCTION
FOR LIMITED ENGLISH PROFICIENT
AND IMMIGRANT STUDENTS
SEC. 301. LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT CHILDREN AND IMMIGRANT CHILDREN AND
YOUTH.

Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:

‘‘TITLE III—LANGUAGE INSTRUCTION
FOR LIMITED ENGLISH PROFICIENT
AND IMMIGRANT STUDENTS
‘‘SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON
EFFECTIVENESS OF PARTS.

20 USC 6801.

‘‘(a) AUTHORIZATIONS OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—Subject to subsection (b), there are
authorized to be appropriated to carry out this title, except
for subpart 4 of part B, $750,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 5 succeeding
fiscal years.
‘‘(2) EMERGENCY IMMIGRANT EDUCATION PROGRAM.—There
are authorized to be appropriated to carry out subpart 4 of
part B (when such part is in effect) such sums as may be
necessary for fiscal year 2002 and each of the 5 succeeding
fiscal years.
‘‘(b) CONDITIONS ON EFFECTIVENESS OF PARTS A AND B.—
‘‘(1) PART A.—Part A shall be in effect for any fiscal year
for which the amount appropriated under paragraphs (1) and
(2) of subsection (a) equals or exceeds $650,000,000.
‘‘(2) PART B.—Part B shall be in effect only for a fiscal
year for which part A is not in effect.
‘‘(c) REFERENCES.—In any fiscal year for which part A is in
effect, references in Federal law (other than this title) to part
B shall be considered to be references to part A. In any fiscal
year for which part B is in effect, references in Federal law (other
than this title) to part A shall be considered to be references
to part B.

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115 STAT. 1690
English
Language
Acquisition,
Language
Enhancement,
and Academic
Achievement Act.
Children, youth
and families.
Grants.
20 USC 6811.
20 USC 6812.

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘PART A—ENGLISH LANGUAGE ACQUISITION,
LANGUAGE ENHANCEMENT, AND ACADEMIC
ACHIEVEMENT ACT
‘‘SEC. 3101. SHORT TITLE.

‘‘This part may be cited as the ‘English Language Acquisition,
Language Enhancement, and Academic Achievement Act’.
‘‘SEC. 3102. PURPOSES.

‘‘The purposes of this part are—
‘‘(1) to help ensure that children who are limited English
proficient, including immigrant children and youth, attain
English proficiency, develop high levels of academic attainment
in English, and meet the same challenging State academic
content and student academic achievement standards as all
children are expected to meet;
‘‘(2) to assist all limited English proficient children,
including immigrant children and youth, to achieve at high
levels in the core academic subjects so that those children
can meet the same challenging State academic content and
student academic achievement standards as all children are
expected to meet, consistent with section 1111(b)(1);
‘‘(3) to develop high-quality language instruction educational programs designed to assist State educational agencies,
local educational agencies, and schools in teaching limited
English proficient children and serving immigrant children and
youth;
‘‘(4) to assist State educational agencies and local educational agencies to develop and enhance their capacity to
provide high-quality instructional programs designed to prepare
limited English proficient children, including immigrant children and youth, to enter all-English instruction settings;
‘‘(5) to assist State educational agencies, local educational
agencies, and schools to build their capacity to establish, implement, and sustain language instruction educational programs
and programs of English language development for limited
English proficient children;
‘‘(6) to promote parental and community participation in
language instruction educational programs for the parents and
communities of limited English proficient children;
‘‘(7) to streamline language instruction educational programs into a program carried out through formula grants to
State educational agencies and local educational agencies to
help limited English proficient children, including immigrant
children and youth, develop proficiency in English, while
meeting challenging State academic content and student academic achievement standards;
‘‘(8) to hold State educational agencies, local educational
agencies, and schools accountable for increases in English proficiency and core academic content knowledge of limited English
proficient children by requiring—
‘‘(A) demonstrated improvements in the English proficiency of limited English proficient children each fiscal
year; and

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‘‘(B) adequate yearly progress for limited English proficient children, including immigrant children and youth,
as described in section 1111(b)(2)(B); and
‘‘(9) to provide State educational agencies and local educational agencies with the flexibility to implement language
instruction educational programs, based on scientifically based
research on teaching limited English proficient children, that
the agencies believe to be the most effective for teaching
English.

‘‘Subpart 1—Grants and Subgrants for English
Language Acquisition and Language Enhancement
‘‘SEC. 3111. FORMULA GRANTS TO STATES.

20 USC 6821.

‘‘(a) IN GENERAL.—In the case of each State educational agency
having a plan approved by the Secretary for a fiscal year under
section 3113, 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
3114, to eligible entities to carry out the activities described
in section 3115 (other than subsection (e)); and
‘‘(B) to award subgrants under section 3114(d)(1) to
eligible entities that are described in that section to carry
out the activities described in section 3115(e).
‘‘(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) 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

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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 3122.
‘‘(3) ADMINISTRATIVE EXPENSES.—From the amount
reserved under paragraph (2), a State educational agency may
use not more than 60 percent of such amount or $175,000,
whichever is greater, for the planning and administrative costs
of carrying out paragraphs (1) and (2).
‘‘(c) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) RESERVATIONS.—From the amount appropriated under
section 3001(a) 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 3112(a) 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;
‘‘(C) 6.5 percent of such amount for national activities
under sections 3131 and 3303, 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 3303; and
‘‘(D) such sums as may be necessary to make continuation awards under paragraph (2).
‘‘(2) CONTINUATION AWARDS.—
‘‘(A) IN GENERAL.—Before making allotments to State
educational agencies under paragraph (3) for any fiscal
year, the Secretary shall use the sums reserved under
paragraph (1)(D) to make continuation awards to recipients
who received grants or fellowships for the fiscal year preceding any fiscal year described in section 3001(b)(1)(A)
under—
‘‘(i) subparts 1 and 3 of part A of title VII (as
in effect on the day before the date of enactment of
the No Child Left Behind Act of 2001); or
‘‘(ii) subparts 1 and 3 of part B of this title.
‘‘(B) USE OF FUNDS.—The Secretary shall make the
awards in order to allow such recipients to receive awards
for the complete period of their grants or fellowships under
the appropriate subparts.
‘‘(3) STATE ALLOTMENTS.—

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‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), from the amount appropriated under section 3001(a)
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 3113(c)—
‘‘(i) an amount that bears the same relationship
to 80 percent of the remainder as the number of limited
English proficient children in the State bears to the
number of such children in all States; 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.
‘‘(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 3115 (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.
‘‘(4) USE OF DATA FOR DETERMINATIONS.—
‘‘(A) IN GENERAL.—In making State allotments under
paragraph (3), for the purpose of determining the number
of limited English proficient children in a State and in
all States, and the number of immigrant children and
youth in a State and in all States, for each fiscal year,
the Secretary shall use data that will yield the most
accurate, up-to-date numbers of such children and youth.
‘‘(B) SPECIAL RULE.—
‘‘(i) FIRST 2 YEARS.—In making determinations
under subparagraph (A) for the 2 fiscal years following
the date of enactment of the No Child Left Behind
Act of 2001, the Secretary shall determine the number
of limited English proficient children in a State and
in all States, and the number of immigrant children
and youth in a State and in all States, using data
available from the Bureau of Census or submitted by
the States to the Secretary.

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‘‘(ii) SUBSEQUENT YEARS.—For subsequent fiscal
years, the Secretary shall determine the number of
limited English proficient children in a State and in
all States, and the number of immigrant children and
youth in a State and in all States, using the more
accurate of—
‘‘(I) the data available from the American
Community Survey available from the Department
of Commerce; or
‘‘(II) the number of children being assessed
for English proficiency in a State as required under
section 1111(b)(7).

20 USC 6822.

‘‘SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN
SCHOOL.

‘‘(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 Affairs, 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
Affairs, 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 Affairs 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 Affairs 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 3114.
20 USC 6823.

‘‘SEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS.

‘‘(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, in such manner,
and containing such information as the Secretary may require.
‘‘(b) CONTENTS.—Each plan submitted under subsection (a)
shall—
‘‘(1) describe the process that the agency will use in making
subgrants to eligible entities under section 3114(d)(1);
‘‘(2) describe how the agency will establish standards and
objectives for raising the level of English proficiency that are
derived from the four recognized domains of speaking, listening,

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reading, and writing, and that are aligned with achievement
of the challenging State academic content and student academic
achievement standards described in section 1111(b)(1);
‘‘(3) contain an assurance that—
‘‘(A) in the case of a State educational agency, the
agency consulted with local educational agencies, education-related community groups and nonprofit organizations, parents, teachers, school administrators, and
researchers, in developing the annual measurable achievement objectives described in section 3122;
‘‘(B) in the case of a specially qualified agency, the
agency consulted with education-related community groups
and nonprofit organizations, parents, teachers, and
researchers, in developing the annual measurable achievement objectives described in section 3122;
‘‘(C) the agency will ensure that eligible entities
receiving a subgrant under this subpart comply with the
requirement in section 1111(b)(7) to annually assess in
English children who have been in the United States for
3 or more consecutive years;
‘‘(D) the agency will ensure that eligible entities
receiving a subgrant under this subpart annually assess
the English proficiency of all limited English proficient
children participating in a program funded under this subpart, consistent with section 1111(b)(7);
‘‘(E) in awarding subgrants under section 3114, 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;
‘‘(F) subgrants to eligible entities under section
3114(d)(1) will be of sufficient size and scope to allow
such entities to carry out high-quality language instruction
educational programs for limited English proficient children; and
‘‘(G) 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 high-quality language instruction educational programs that assist limited English proficient children in
meeting challenging State academic content and student
academic achievement standards once assistance under this
subpart is no longer available;
‘‘(4) describe how the agency will coordinate its programs
and activities under this subpart with its other programs and
activities under this Act and other Acts, as appropriate;
‘‘(5) describe how the agency will hold local educational
agencies, eligible entities, elementary schools, and secondary
schools accountable for—
‘‘(A) meeting all annual measurable achievement objectives described in section 3122;
‘‘(B) making adequate yearly progress for limited
English proficient children, as described in section
1111(b)(2)(B); and
‘‘(C) achieving the purposes of this part; and
‘‘(6) describe how eligible entities in the State will be given
the flexibility to teach limited English proficient children—

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‘‘(A) using a language instruction curriculum that is
tied to scientifically based research on teaching limited
English proficient children and that has been demonstrated
to be effective; and
‘‘(B) in the manner the eligible entities determine to
be the most effective.
‘‘(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 part; 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 part.
‘‘(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 part.
‘‘(e) CONSOLIDATED PLAN.—A plan submitted under subsection
(a) may be submitted as part of a consolidated plan under section
9302.
‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if requested, in the development of English proficiency standards, objectives, and assessments.
20 USC 6824.

‘‘SEC. 3114. WITHIN-STATE ALLOCATIONS.

‘‘(a) IN GENERAL.—After making the reservation required under
subsection (d)(1), each State educational agency receiving a grant
under section 3111(c)(3) shall award subgrants for a fiscal year
by allocating to each eligible entity in the State having a plan
approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining
after making such reservation as the population of limited English
proficient children in schools served by the eligible entity bears
to the population of limited English proficient children in schools
served by all eligible entities in the State.
‘‘(b) LIMITATION.—A State educational agency shall not award
a subgrant from an allocation made under subsection (a) if the
amount of such subgrant would be less than $10,000.
‘‘(c) REALLOCATION.—Whenever a State educational agency
determines that an amount from an allocation made to an eligible
entity under subsection (a) for a fiscal year will not be used by
the entity for the purpose for which the allocation was made,
the agency shall, in accordance with such rules as it determines
to be appropriate, reallocate such amount, consistent with such
subsection, to other eligible entities in the State that the agency
determines will use the amount to carry out that purpose.

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‘‘(d) REQUIRED RESERVATION.—A State educational agency
receiving a grant under this subpart for a fiscal year—
‘‘(1) shall reserve not more than 15 percent of the agency’s
allotment under section 3111(c)(3) to award subgrants to
eligible entities in the State that have experienced a significant
increase, as compared to the average of the 2 preceding fiscal
years, in the percentage or number of immigrant children and
youth, who have enrolled, during the fiscal year preceding
the fiscal year for which the subgrant is made, in public and
nonpublic elementary schools and secondary schools in the
geographic areas under the jurisdiction of, or served by, such
entities; and
‘‘(2) in awarding subgrants under paragraph (1)—
‘‘(A) shall equally consider eligible entities that satisfy
the requirement of such paragraph but have limited or
no experience in serving immigrant children and youth;
and
‘‘(B) shall consider the quality of each local plan under
section 3116 and ensure that each subgrant is of sufficient
size and scope to meet the purposes of this part.
‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

20 USC 6825.

‘‘(a) PURPOSES OF SUBGRANTS.—A State educational agency may
make a subgrant to an eligible entity from funds received by the
agency under this subpart only if the entity agrees to expend
the funds to improve the education of limited English proficient
children, by assisting the children to learn English and meet challenging State academic content and student academic achievement
standards. In carrying out activities with such funds, the entity
shall use approaches and methodologies based on scientifically
based research on teaching limited English proficient children and
immigrant children and youth for the following purposes:
‘‘(1) Developing and implementing new language instruction educational programs and academic content instruction
programs for such children, and such children and youth,
including programs of early childhood education, elementary
school programs, and secondary school programs.
‘‘(2) Carrying out highly focused, innovative, locally
designed activities to expand or enhance existing language
instruction educational programs and academic content instruction programs for such children, and such children and youth.
‘‘(3) Implementing, within an individual school, schoolwide
programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language
instruction educational programs and academic content instruction for such children, and such children and youth.
‘‘(4) Implementing, within the entire jurisdiction of a local
educational agency, agencywide programs for restructuring,
reforming, and upgrading all relevant programs, activities, and
operations relating to language instruction educational programs and academic content instruction for such children, and
such children and youth.
‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible entity receiving
funds under section 3114(a) for a fiscal year may use not more
than 2 percent of such funds for the cost of administering this
subpart.

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115 STAT. 1698

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‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity
receiving funds under section 3114(a) shall use the funds—
‘‘(1) to increase the English proficiency of limited English
proficient children by providing high-quality language instruction educational programs that are based on scientifically based
research demonstrating the effectiveness of the programs in
increasing—
‘‘(A) English proficiency; and
‘‘(B) student academic achievement in the core academic subjects; and
‘‘(2) to provide high-quality professional development to
classroom teachers (including teachers in classroom settings
that are not the settings of language instruction educational
programs), principals, administrators, and other school or
community-based organizational personnel, that is—
‘‘(A) designed to improve the instruction and assessment of limited English proficient children;
‘‘(B) designed to enhance the ability of such teachers
to understand and use curricula, assessment measures,
and instruction strategies for limited English proficient
children;
‘‘(C) based on scientifically based research demonstrating the effectiveness of the professional development
in increasing children’s English proficiency or substantially
increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and
‘‘(D) of sufficient intensity and duration (which shall
not include activities such as one-day or short-term workshops and conferences) to have a positive and lasting
impact on the teachers’ performance in the classroom,
except that this subparagraph shall not apply to an activity
that is one component of a long-term, comprehensive professional development plan established by a teacher and the
teacher’s supervisor based on an assessment of the needs
of the teacher, the supervisor, the students of the teacher,
and any local educational agency employing the teacher.
‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to subsection (c), an eligible entity receiving funds under section 3114(a)
may use the funds to achieve one of the purposes described in
subsection (a) by undertaking one or more of the following activities:
‘‘(1) Upgrading program objectives and effective instruction
strategies.
‘‘(2) Improving the instruction program for limited English
proficient children by identifying, acquiring, and upgrading curricula, instruction materials, educational software, and assessment procedures.
‘‘(3) Providing—
‘‘(A) tutorials and academic or vocational education
for limited English proficient children; and
‘‘(B) intensified instruction.
‘‘(4) Developing and implementing elementary school or
secondary school language instruction educational programs
that are coordinated with other relevant programs and services.
‘‘(5) Improving the English proficiency and academic
achievement of limited English proficient children.

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115 STAT. 1699

‘‘(6) Providing community participation programs, family
literacy services, and parent outreach and training activities
to limited English proficient children and their families—
‘‘(A) to improve the English language skills of limited
English proficient children; and
‘‘(B) to assist parents in helping their children to
improve their academic achievement and becoming active
participants in the education of their children.
‘‘(7) Improving the instruction of limited English proficient
children by providing for—
‘‘(A) the acquisition or development of educational technology or instructional materials;
‘‘(B) access to, and participation in, electronic networks
for materials, training, and communication; and
‘‘(C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such
as those funded under this subpart.
‘‘(8) Carrying out other activities that are consistent with
the purposes of this section.
‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL
INCREASES IN IMMIGRANT CHILDREN AND YOUTH.—
‘‘(1) IN GENERAL.—An eligible entity receiving funds under
section 3114(d)(1) shall use the funds to pay for activities
that provide enhanced instructional opportunities for
immigrant children and youth, which may include—
‘‘(A) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
‘‘(B) support for personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to immigrant children and youth;
‘‘(C) provision of tutorials, mentoring, and academic
or career counseling for immigrant children and youth;
‘‘(D) identification and acquisition of curricular materials, educational software, and technologies to be used
in the program carried out with funds;
‘‘(E) basic instruction services that are directly attributable to the presence in the school district involved of
immigrant children and youth, including the payment of
costs of providing additional classroom supplies, costs of
transportation, or such other costs as are directly attributable to such additional basic instruction services;
‘‘(F) other instruction services that are designed to
assist immigrant children and youth to achieve in
elementary schools and secondary schools in the United
States, such as programs of introduction to the educational
system and civics education; and
‘‘(G) activities, coordinated with community-based
organizations, institutions of higher education, private
sector entities, or other entities with expertise in working
with immigrants, to assist parents of immigrant children
and youth by offering comprehensive community services.
‘‘(2) DURATION OF SUBGRANTS.—The duration of a subgrant
made by a State educational agency under section 3114(d)(1)
shall be determined by the agency in its discretion.
‘‘(f) SELECTION OF METHOD OF INSTRUCTION.—

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‘‘(1) IN GENERAL.—To receive a subgrant from a State educational agency under this subpart, an eligible entity shall
select one or more methods or forms of instruction to be used
in the programs and activities undertaken by the entity to
assist limited English proficient children to attain English proficiency and meet challenging State academic content and student academic achievement standards.
‘‘(2) CONSISTENCY.—Such selection shall be consistent with
sections 3125 through 3127.
‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this subpart shall be used so as to supplement the
level of Federal, State, and local public funds that, in the absence
of such availability, would have been expended for programs for
limited English proficient children and immigrant children and
youth and in no case to supplant such Federal, State, and local
public funds.
20 USC 6826.

‘‘SEC. 3116. LOCAL PLANS.

‘‘(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant
from the State educational agency under section 3114 shall submit
a plan to the State educational agency at such time, in such manner,
and containing such information as the State educational agency
may require.
‘‘(b) CONTENTS.—Each plan submitted under subsection (a)
shall—
‘‘(1) describe the programs and activities proposed to be
developed, implemented, and administered under the subgrant;
‘‘(2) describe how the eligible entity will use the subgrant
funds to meet all annual measurable achievement objectives
described in section 3122;
‘‘(3) describe how the eligible entity will hold elementary
schools and secondary schools receiving funds under this subpart accountable for—
‘‘(A) meeting the annual measurable achievement
objectives described in section 3122;
‘‘(B) making adequate yearly progress for limited
English proficient children, as described in section
1111(b)(2)(B); and
‘‘(C) annually measuring the English proficiency of limited English proficient children, so that such children
served by the programs carried out under this part develop
proficiency in English while meeting State academic content and student academic achievement standards as
required by section 1111(b)(1);
‘‘(4) describe how the eligible entity will promote parental
and community participation in programs for limited English
proficient children;
‘‘(5) contain an assurance that the eligible entity consulted
with teachers, researchers, school administrators, and parents,
and, if appropriate, with education-related community groups
and nonprofit organizations, and institutions of higher education, in developing such plan; and
‘‘(6) describe how language instruction educational programs carried out under the subgrant will ensure that limited
English proficient children being served by the programs
develop English proficiency.

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115 STAT. 1701

‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving
a subgrant under section 3114 shall include in its plan a certification that all teachers in any language instruction educational
program for limited English proficient children that is, or will
be, funded under this part are fluent in English and any other
language used for instruction, including having written and oral
communications skills.
‘‘(d) OTHER REQUIREMENTS FOR APPROVAL.—Each local plan
shall also contain assurances that—
‘‘(1) each local educational agency that is included in the
eligible entity is complying with section 3302 prior to, and
throughout, each school year;
‘‘(2) the eligible entity annually will assess the English
proficiency of all children with limited English proficiency
participating in programs funded under this part;
‘‘(3) the eligible entity has based its proposed plan on
scientifically based research on teaching limited English proficient children;
‘‘(4) the eligible entity will ensure that the programs will
enable children to speak, read, write, and comprehend the
English language and meet challenging State academic content
and student academic achievement standards; and
‘‘(5) the eligible entity is not in violation of any State
law, including State constitutional law, regarding the education
of limited English proficient children, consistent with sections
3126 and 3127.

‘‘Subpart 2—Accountability and Administration
‘‘SEC. 3121. EVALUATIONS.

20 USC 6841.

‘‘(a) IN GENERAL.—Each eligible entity that receives a subgrant
from a State educational agency under subpart 1 shall provide
such agency, at the conclusion of every second fiscal year during
which the subgrant is received, with an evaluation, in a form
prescribed by the agency, that includes—
‘‘(1) a description of the programs and activities conducted
by the entity with funds received under subpart 1 during the
two immediately preceding fiscal years;
‘‘(2) a description of the progress made by children in
learning the English language and meeting challenging State
academic content and student academic achievement standards;
‘‘(3) the number and percentage of children in the programs
and activities attaining English proficiency by the end of each
school year, as determined by a valid and reliable assessment
of English proficiency; and
‘‘(4) a description of the progress made by children in
meeting challenging State academic content and student academic achievement standards for each of the 2 years after
such children are no longer receiving services under this part.
‘‘(b) USE OF EVALUATION.—An evaluation provided by an eligible
entity under subsection (a) shall be used by the entity and the
State educational agency—
‘‘(1) for improvement of programs and activities;
‘‘(2) to determine the effectiveness of programs and activities in assisting children who are limited English proficient

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115 STAT. 1702

PUBLIC LAW 107–110—JAN. 8, 2002

to attain English proficiency (as measured consistent with subsection (d)) and meet challenging State academic content and
student academic achievement standards; and
‘‘(3) in determining whether or not to continue funding
for specific programs or activities.
‘‘(c) EVALUATION COMPONENTS.—An evaluation provided by an
eligible entity under subsection (a) shall—
‘‘(1) provide an evaluation of children enrolled in a program
or activity conducted by the entity using funds under subpart
1 (including the percentage of children) who—
‘‘(A) are making progress in attaining English proficiency, including the percentage of children who have
achieved English proficiency;
‘‘(B) have transitioned into classrooms not tailored to
limited English proficient children, and have a sufficient
level of English proficiency to permit them to achieve in
English and transition into classrooms not tailored to limited English proficient children;
‘‘(C) are meeting the same challenging State academic
content and student academic achievement standards as
all children are expected to meet; and
‘‘(D) are not receiving waivers for the reading or language arts assessments under section 1111(b)(3)(C); and
‘‘(2) include such other information as the State educational
agency may require.
‘‘(d) EVALUATION MEASURES.—A State shall approve evaluation
measures for use under subsection (c) that are designed to assess—
‘‘(1) the progress of children in attaining English proficiency, including a child’s level of comprehension, speaking,
listening, reading, and writing skills in English;
‘‘(2) student attainment of challenging State student academic achievement standards on assessments described in section 1111(b)(3); and
‘‘(3) progress in meeting the annual measurable achievement objectives described in section 3122.
‘‘(e) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—Each
specially qualified agency receiving a grant under this part shall
provide the evaluations described in subsection (a) to the Secretary
subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such
subsection.
20 USC 6842.

‘‘SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.

‘‘(a) ACHIEVEMENT OBJECTIVES.—
‘‘(1) IN GENERAL.—Each State educational agency or specially qualified agency receiving a grant under subpart 1 shall
develop annual measurable achievement objectives for limited
English proficient children served under this part that relate
to such children’s development and attainment of English proficiency while meeting challenging State academic content and
student academic achievement standards as required by section
1111(b)(1).
‘‘(2) DEVELOPMENT OF OBJECTIVES.—Such annual measurable achievement objectives shall be developed in a manner
that—

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‘‘(A) reflects the amount of time an individual child
has been enrolled in a language instruction educational
program; and
‘‘(B) uses consistent methods and measurements to
reflect the increases described in subparagraphs (A)(i),
(A)(ii), and (B) of paragraph (3).
‘‘(3) CONTENTS.—Such annual measurable achievement
objectives—
‘‘(A) shall include—
‘‘(i) at a minimum, annual increases in the number
or percentage of children making progress in learning
English;
‘‘(ii) at a minimum, annual increases in the number
or percentage of children attaining English proficiency
by the end of each school year, as determined by a
valid and reliable assessment of English proficiency
consistent with section 1111(b)(7); and
‘‘(iii) making adequate yearly progress for limited
English proficient children as described in section
1111(b)(2)(B); and
‘‘(B) at the discretion of the agency, may include the
number or percentage of children not receiving waivers
for reading or language arts assessments under section
1111(b)(3)(C), but this achievement objective shall not be
applied to an eligible entity that, in a given school year—
‘‘(i) has experienced a large increase in limited
English proficient children or immigrant children and
youth;
‘‘(ii) enrolls a statistically significant number of
immigrant children and youth from countries where
such children and youth had little or no access to
formal education; or
‘‘(iii) has a statistically significant number of
immigrant children and youth who have fled from war
or natural disaster.
‘‘(b) ACCOUNTABILITY.—
‘‘(1) FOR STATES.—Each State educational agency receiving
a grant under subpart 1 shall hold eligible entities receiving
a subgrant under such subpart accountable for meeting the
annual measurable achievement objectives under subsection
(a), including making adequate yearly progress for limited
English proficient children.
‘‘(2) IMPROVEMENT PLAN.—If a State educational agency
determines, based on the annual measurable achievement objectives described in subsection (a), that an eligible entity has
failed to make progress toward meeting such objectives for
2 consecutive years, the agency shall require the entity to
develop an improvement plan that will ensure that the entity
meets such objectives. The improvement plan shall specifically
address the factors that prevented the entity from achieving
such objectives.
‘‘(3) TECHNICAL ASSISTANCE.—During the development of
the improvement plan described in paragraph (2), and throughout its implementation, the State educational agency shall—
‘‘(A) provide technical assistance to the eligible entity;
‘‘(B) provide technical assistance, if applicable, to
schools served by such entity under subpart 1 that need

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assistance to enable the schools to meet the annual measurable achievement objectives described in subsection (a);
‘‘(C) develop, in consultation with the entity, professional development strategies and activities, based on scientifically based research, that the agency will use to meet
such objectives;
‘‘(D) require such entity to utilize such strategies and
activities; and
‘‘(E) develop, in consultation with the entity, a plan
to incorporate strategies and methodologies, based on scientifically based research, to improve the specific program
or method of instruction provided to limited English proficient children.
‘‘(4) ACCOUNTABILITY.—If a State educational agency determines that an eligible entity has failed to meet the annual
measurable achievement objectives described in subsection (a)
for 4 consecutive years, the agency shall—
‘‘(A) require such entity to modify the entity’s curriculum, program, and method of instruction; or
‘‘(B)(i) make a determination whether the entity shall
continue to receive funds related to the entity’s failure
to meet such objectives; and
‘‘(ii) require such entity to replace educational personnel relevant to the entity’s failure to meet such objectives.
‘‘(c) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—The
Secretary shall hold specially qualified agencies receiving a grant
under this subpart accountable for meeting the annual measurable
achievement objectives described in subsection (a) in the same
manner as State educational agencies hold eligible entities accountable under subsection (b).

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20 USC 6843.

‘‘SEC. 3123. REPORTING REQUIREMENTS.

Deadline.

‘‘(a) STATES.—Based upon the evaluations provided to a State
educational agency under section 3121, each such agency that
receives a grant under this part shall prepare and submit every
second year to the Secretary a report on programs and activities
carried out by the State educational agency under this part and
the effectiveness of such programs and activities in improving the
education provided to children who are limited English proficient.
‘‘(b) SECRETARY.—Every second year, the Secretary shall prepare and submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report—
‘‘(1) on programs and activities carried out to serve limited
English proficient children under this part, and the effectiveness of such programs and activities in improving the academic
achievement and English proficiency of children who are limited
English proficient;
‘‘(2) on the types of language instruction educational programs used by local educational agencies or eligible entities
receiving funding under this part to teach limited English
proficient children;
‘‘(3) containing a critical synthesis of data reported by
eligible entities to States under section 3121(a);

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‘‘(4) containing a description of technical assistance and
other assistance provided by State educational agencies under
section 3111(b)(2)(C);
‘‘(5) containing an estimate of the number of certified or
licensed teachers working in language instruction educational
programs and educating limited English proficient children,
and an estimate of the number of such teachers that will
be needed for the succeeding 5 fiscal years;
‘‘(6) containing the major findings of scientifically based
research carried out under this part;
‘‘(7) containing the number of programs or activities, if
any, that were terminated because the entities carrying out
the programs or activities were not able to reach program
goals;
‘‘(8) containing the number of limited English proficient
children served by eligible entities receiving funding under
this part who were transitioned out of language instruction
educational programs funded under this part into classrooms
where instruction is not tailored for limited English proficient
children; and
‘‘(9) containing other information gathered from the evaluations from specially qualified agencies and other reports submitted to the Secretary under this title when applicable.
‘‘SEC. 3124. COORDINATION WITH RELATED PROGRAMS.

20 USC 6844.

‘‘In order to maximize Federal efforts aimed at serving the
educational needs of children of limited English proficiency, the
Secretary shall coordinate and ensure close cooperation with other
entities carrying out programs serving language-minority and limited English proficient children that are administered by the Department and other agencies.
‘‘SEC. 3125. RULES OF CONSTRUCTION.

20 USC 6845.

‘‘Nothing in this part shall be construed—
‘‘(1) to prohibit a local educational agency from serving
limited English proficient children simultaneously with children
with similar educational needs, in the same educational settings
where appropriate;
‘‘(2) to require a State or a local educational agency to
establish, continue, or eliminate any particular type of instructional program for limited English proficient children; or
‘‘(3) to limit the preservation or use of Native American
languages.
‘‘SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW.

20 USC 6846.

‘‘Nothing in this part shall be construed to negate or supersede
State law, or the legal authority under State law of any State
agency, State entity, or State public official, over programs that
are under the jurisdiction of the State agency, entity, or official.
‘‘SEC. 3127. CIVIL RIGHTS.

20 USC 6847.

‘‘Nothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right.
‘‘SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

20 USC 6848.

‘‘Notwithstanding any other provision of this part, programs
authorized under this part that serve Native American (including
Native American Pacific Islander) children and children in the

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Commonwealth of Puerto Rico may include programs of instruction,
teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying
Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children
shall be increased English proficiency among such children.
‘‘SEC. 3129. PROHIBITION.

20 USC 6849.

‘‘In carrying out this part, the Secretary shall neither mandate
nor preclude the use of a particular curricular or pedagogical
approach to educating limited English proficient children.

‘‘Subpart 3—National Activities
‘‘SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

20 USC 6861.

‘‘The Secretary shall use funds made available under section
3111(c)(1)(C) to award grants on a competitive basis, for a period
of not more than 5 years, to institutions of higher education (in
consortia with State educational agencies or local educational agencies) to provide for professional development activities that will
improve classroom instruction for limited English proficient children
and assist educational personnel working with such children to
meet high professional standards, including standards for certification and licensure as teachers who work in language instruction
educational programs or serve limited English proficient children.
Grants awarded under this subsection may be used—
‘‘(1) for preservice professional development programs that
will assist local schools and institutions of higher education
to upgrade the qualifications and skills of educational personnel
who are not certified or licensed, especially educational paraprofessionals;
‘‘(2) for the development of curricula appropriate to the
needs of the consortia participants involved; and
‘‘(3) in conjunction with other Federal need-based student
financial assistance programs, for financial assistance, and costs
related to tuition, fees, and books for enrolling in courses
required to complete the degree involved, to meet certification
or licensing requirements for teachers who work in language
instruction educational programs or serve limited English proficient children.

‘‘Subpart 4—Definitions
‘‘SEC. 3141. ELIGIBLE ENTITY.

20 USC 6871.

‘‘In this part, the term ‘eligible entity’ means—
‘‘(1) one or more local educational agencies; or
‘‘(2) one or more local educational agencies, in collaboration
with an institution of higher education, community-based
organization, or State educational agency.
Improving
Language
Instruction
Educational
Programs For
Academic
Achievement Act.
Children, youth
and families.
Native
Americans.
Grants
20 USC 6891.

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‘‘PART B—IMPROVING LANGUAGE
INSTRUCTION EDUCATIONAL PROGRAMS
‘‘SEC. 3201. SHORT TITLE.

‘‘This part may be cited as the ‘Improving Language Instruction
Educational Programs For Academic Achievement Act’.

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20 USC 6892.

‘‘SEC. 3202. PURPOSE.

‘‘The purpose of this part is to help ensure that limited English
proficient children master English and meet the same rigorous
standards for academic achievement as all children are expected
to meet, including meeting challenging State academic content and
student academic achievement standards by—
‘‘(1) promoting systemic improvement and reform of, and
developing accountability systems for, educational programs
serving limited English proficient children;
‘‘(2) developing language skills and multicultural understanding;
‘‘(3) developing the English proficiency of limited English
proficient children and, to the extent possible, the native language skills of such children;
‘‘(4) providing similar assistance to Native Americans with
certain modifications relative to the unique status of Native
American languages under Federal law;
‘‘(5) developing data collection and dissemination, research,
materials, and technical assistance that are focused on school
improvement for limited English proficient children; and
‘‘(6) developing programs that strengthen and improve the
professional training of educational personnel who work with
limited English proficient children.
‘‘SEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL.

20 USC 6893.

‘‘(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 (including Alaska Native) children and
youth, an Indian tribe, a tribally sanctioned educational authority,
a Native Hawaiian or Native American Pacific Islander native
language education organization, or an elementary school or secondary school that is operated or funded by the Bureau of Indian
Affairs shall be considered to be a local educational agency.
‘‘(b) APPLICATION.—Notwithstanding any other provision of this
part, each tribe, authority, organization, or school described in
subsection (a) shall submit any application for assistance under
this part directly to the Secretary along with timely comments
on the need for the program proposed in the application.
‘‘SEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES.

20 USC 6894.

‘‘For the purpose of carrying out programs under this part
in the outlying areas, the term ‘local educational agency’ includes
public institutions or agencies whose mission is the preservation
and maintenance of native languages.

‘‘Subpart 1—Program Development and
Enhancement
‘‘SEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION
EDUCATIONAL PROGRAMS.

20 USC 6911.

‘‘The purpose of this subpart is to assist local educational
agencies, institutions of higher education, and community-based
organizations, through the grants authorized under sections 3212
and 3213—

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‘‘(1) to develop and enhance their capacity to provide highquality instruction through language instruction educational
programs or special alternative instruction programs to limited
English proficient children; and
‘‘(2) to help such children—
‘‘(A) develop English proficiency and, to the extent
possible, proficiency in their native language; and
‘‘(B) meet the same challenging State academic content
and student academic achievement standards as all children are expected to meet under section 1111(b)(1).

20 USC 6912.

‘‘SEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES.

‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) AUTHORITY.—
‘‘(A) IN GENERAL.—The Secretary is authorized to
award grants to eligible entities having applications
approved under section 3214 to enable such entities to
provide innovative, locally designed, high-quality instruction to limited English proficient children, by expanding,
developing, or strengthening language instruction educational programs or special alternative instruction programs.
‘‘(B) PERIOD.—Each grant awarded under this section
shall be awarded for a period of 3 years.
‘‘(2) AUTHORIZED ACTIVITIES.—
‘‘(A) MANDATORY ACTIVITIES.—Grants awarded under
this section shall be used for—
‘‘(i) developing, implementing, expanding, or
enhancing comprehensive preschool, elementary, or
secondary education programs for limited English proficient children, that are—
‘‘(I) aligned with State and local academic content and student academic achievement standards,
and local school reform efforts; and
‘‘(II) coordinated with related academic services for children;
‘‘(ii) providing high-quality professional development to classroom teachers, administrators, and other
school or community-based organization personnel to
improve the instruction and assessment of limited
English proficient children; and
‘‘(iii) annually assessing the English proficiency
of all limited English proficient children served by
activities carried out under this section.
‘‘(B) PERMISSIBLE ACTIVITIES.—Grants awarded under
this section may be used for—
‘‘(i) implementing programs to upgrade the reading
and other academic skills of limited English proficient
children;
‘‘(ii) developing accountability systems to monitor
the academic progress of limited English proficient and
formerly limited English proficient children;
‘‘(iii) implementing family education programs and
parent outreach and training activities designed to
assist parents to become active participants in the
education of their children;

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‘‘(iv) improving the instruction programs for limited English proficient children by identifying,
acquiring, and applying effective curricula, instruction
materials (including materials provided through technology), and assessments that are all aligned with
State and local standards;
‘‘(v) providing intensified instruction, including
tutorials and academic, or vocational and technical,
training, for limited English proficient children;
‘‘(vi) adapting best practice models for meeting
the needs of limited English proficient children;
‘‘(vii) assisting limited English proficient children
with disabilities;
‘‘(viii) implementing applied learning activities
such as service learning to enhance and support comprehensive elementary and secondary language
instruction educational programs;
‘‘(ix) acquiring or developing education technology
or instruction materials for limited English proficient
children, including materials in languages other than
English;
‘‘(x) participating in electronic networks for materials, training, and communication, and incorporating
information derived from such participation in curricula and programs; and
‘‘(xi) carrying out such other activities related to
the purpose of this part as the Secretary may approve.
‘‘(b) PRIORITY.—In awarding grants under this section, the Secretary may give priority to an entity that—
‘‘(1) serves a school district—
‘‘(A) that has a total district enrollment that is less
than 10,000 students; or
‘‘(B) with a large percentage or number of limited
English proficient children; and
‘‘(2) has limited or no experience in serving limited English
proficient children.
‘‘(c) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’
means—
‘‘(1) one or more local educational agencies;
‘‘(2) one or more local educational agencies in collaboration
with an institution of higher education, community-based
organization, or State educational agency; or
‘‘(3) a community-based organization or an institution of
higher education that has an application approved by the local
educational agency to participate in programs carried out under
this subpart by enhancing early childhood education or family
education programs or conducting instruction programs that
supplement the educational services provided by a local educational agency.
‘‘SEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES.

20 USC 6913.

‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) AUTHORITY.—The Secretary is authorized to award
grants to eligible entities having applications approved under
section 3214 to enable such entities to develop and implement
language instruction educational programs, and improve,

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reform, or upgrade programs or operations that serve significant
percentages or numbers of limited English proficient children.
‘‘(2) MANDATORY ACTIVITIES.—Grants awarded under this
section shall be used for—
‘‘(A) improving instruction programs for limited
English proficient children by acquiring and upgrading curricula and related instruction materials;
‘‘(B) aligning the activities carried out under this section with State and local school reform efforts;
‘‘(C) providing training, aligned with State and local
standards, to school personnel and participating community-based organization personnel to improve the instruction and assessment of limited English proficient children;
‘‘(D) developing and implementing plans, coordinated
with plans for programs carried out under title II of the
Higher Education Act of 1965 (where applicable), and title
II of this Act (where applicable), to recruit teachers trained
to serve limited English proficient children;
‘‘(E) implementing culturally and linguistically appropriate family education programs, or parent outreach and
training activities, that are designed to assist parents of
limited English proficient children to become active participants in the education of their children;
‘‘(F) coordinating the activities carried out under this
section with other programs, such as programs carried
out under this title;
‘‘(G) providing services to meet the full range of the
educational needs of limited English proficient children;
‘‘(H) annually assessing the English proficiency of all
limited English proficient children served by the activities
carried out under this section; and
‘‘(I) developing or improving accountability systems to
monitor the academic progress of limited English proficient
children.
‘‘(3) PERMISSIBLE ACTIVITIES.—Grants awarded under this
section may be used for—
‘‘(A) implementing programs to upgrade reading and
other academic skills of limited English proficient children;
‘‘(B) developing and using educational technology to
improve learning, assessments, and accountability to meet
the needs of limited English proficient children;
‘‘(C) implementing scientifically based research programs to meet the needs of limited English proficient children;
‘‘(D) providing tutorials and academic, or vocational
and technical, training for limited English proficient children;
‘‘(E) developing and implementing State and local academic content and student academic achievement standards for learning English as a second language, as well
as for learning other languages;
‘‘(F) developing and implementing programs for limited
English proficient children to meet the needs of changing
populations of such children;
‘‘(G) implementing policies to ensure that limited
English proficient children have access to other education

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programs (other than programs designed to address limited
English proficiency);
‘‘(H) assisting limited English proficient children with
disabilities;
‘‘(I) developing and implementing programs to help
children become proficient in English and other languages;
‘‘(J) acquiring or developing education technology or
instruction materials for limited English proficient children, including materials in languages other than English;
‘‘(K) participating in electronic networks for materials,
training, and communication and incorporating information
derived from such participation in curricula and programs;
and
‘‘(L) carrying out such other activities related to the
purpose of this part as the Secretary may approve.
‘‘(4) SPECIAL RULE.—
‘‘(A) PLANNING.—A recipient of a grant under this section, before carrying out activities under this section, shall
plan, train personnel, develop curricula, and acquire or
develop materials, but shall not use funds made available
under this section for planning purposes for more than
45 days.
‘‘(B) COMMENCEMENT OF ACTIVITIES.—The recipient
shall commence carrying out activities under this section
not later than the later of—
‘‘(i) the beginning of the first school year that
begins after the grant is received; or
‘‘(ii) 30 days after the date of receipt of the grant.
‘‘(b) AVAILABILITY OF APPROPRIATIONS.—
‘‘(1) RESERVATION OF FUNDS FOR CONTINUED PAYMENTS.—
‘‘(A) COVERED GRANT.—In this paragraph, the term
‘covered grant’ means a grant—
‘‘(i) that was awarded under section 7112, 7113,
7114, or 7115 (as such sections were in effect on the
day before the date of enactment of the No Child
Left Behind Act of 2001); and
‘‘(ii) for which the grant period has not ended.
‘‘(B) RESERVATION.—For any fiscal year that is part
of the grant period of a covered grant, the Secretary shall
reserve funds for the payments described in subparagraph
(C) from the amount appropriated for the fiscal year under
section 3001(a) and made available for carrying out this
section.
‘‘(C) PAYMENTS.—The Secretary shall continue to make
grant payments to each entity that received a covered
grant, in accordance with the terms of that grant, for
the duration of the grant period of the grant, to carry
out activities in accordance with the appropriate section
described in subparagraph (A)(i).
‘‘(2) AVAILABILITY.—Of the amount appropriated for a fiscal
year under section 3001(a) that is made available to carry
out this section, and that remains after the Secretary reserves
funds for payments under paragraph (1)—
‘‘(A) not less than one-third of the remainder shall
be used to award grants to eligible entities for activities
carried out within an entire school district; and

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‘‘(B) not less than two-thirds of the remainder shall
be used to award grants to eligible entities for activities
carried out within individual schools.
‘‘(c) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an applicant that—
‘‘(1) experiences a significant increase in the number or
percentage of limited English proficient children enrolled in
the applicant’s programs and has limited or no experience
in serving limited English proficient children;
‘‘(2) is a local educational agency that serves a school
district that has a total district enrollment that is less than
10,000 students;
‘‘(3) demonstrates that the applicant has a proven track
record of success in helping limited English proficient children
learn English and meet high academic standards; or
‘‘(4) serves a school district with a large number or percentage of limited English proficient children.
‘‘(d) ELIGIBLE ENTITIES.—In this section, the term ‘eligible
entity’ means—
‘‘(1) one or more local educational agencies; or
‘‘(2) one or more local educational agencies, in collaboration
with an institution of higher education, community-based
organization, or State educational agency.
20 USC 6914.

‘‘SEC. 3214. APPLICATIONS.

‘‘(a) IN GENERAL.—
‘‘(1) SECRETARY.—To receive a grant under this subpart,
an eligible entity described in section 3212 or 3213 shall submit
an application to the Secretary at such time, in such form,
and containing such information as the Secretary may require.
‘‘(2) STATE EDUCATIONAL AGENCY.—The eligible entity, with
the exception of schools funded by the Bureau of Indian Affairs,
shall submit a copy of the application submitted by the entity
under this section to the State educational agency.
‘‘(b) STATE REVIEW AND COMMENTS.—
‘‘(1) DEADLINE.—The State educational agency, not later
than 45 days after receipt of an application under this section,
shall review the application and submit the written comments
of the agency regarding the application to the Secretary.
‘‘(2) COMMENTS.—
‘‘(A) SUBMISSION OF COMMENTS.—Regarding applications submitted under this subpart, the State educational
agency shall—
‘‘(i) submit to the Secretary written comments
regarding all such applications; and
‘‘(ii) submit to each eligible entity the comments
that pertain to such entity.
‘‘(B) SUBJECT.—For purposes of this subpart, such comments shall address—
‘‘(i) how the activities to be carried out under the
grant will further the academic achievement and
English proficiency of limited English proficient children served under the grant; and
‘‘(ii) how the grant application is consistent with
the State plan required under section 1111.

Records.

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‘‘(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity may
submit to the Secretary comments that address the comments submitted by the State educational agency.
‘‘(d) COMMENT CONSIDERATION.—In making grants under this
subpart, the Secretary shall take into consideration comments made
by State educational agencies.
‘‘(e) WAIVER.—Notwithstanding subsection (b), the Secretary
is authorized to waive the review requirement specified in subsection (b) if a State educational agency can demonstrate that
such review requirement may impede such agency’s ability to fulfill
the requirements of participation in the program authorized in
section 3224, particularly such agency’s ability to carry out data
collection efforts and such agency’s ability to provide technical
assistance to local educational agencies not receiving funds under
this subpart.
‘‘(f) REQUIRED DOCUMENTATION.—Such application shall include
documentation that—
‘‘(1) the applicant has the qualified personnel required to
develop, administer, and implement the program proposed in
the application; and
‘‘(2) the leadership personnel of each school participating
in the program have been involved in the development and
planning of the program in the school.
‘‘(g) CONTENTS.—
‘‘(1) IN GENERAL.—An application for a grant under this
subpart shall contain the following:
‘‘(A) A description of the need for the proposed program,
including—
‘‘(i) data on the number of limited English proficient children in the school or school district to be
served;
‘‘(ii) information on the characteristics of the children, including—
‘‘(I) the native languages of the children;
‘‘(II) the proficiency of the children in English
and their native language;
‘‘(III) achievement data (current as of the date
of submission of the application) for the limited
English proficient children in—
‘‘(aa) reading or language arts (in English
and in the native language, if applicable); and
‘‘(bb) mathematics;
‘‘(IV) a comparison of that data for the children
with that data for the English proficient peers
of the children; and
‘‘(V) the previous schooling experiences of the
children;
‘‘(iii) the professional development needs of the
instruction personnel who will provide services for the
limited English proficient children under the proposed
program; and
‘‘(iv) how the services provided through the grant
will supplement the basic services provided to limited
English proficient children.
‘‘(B) A description of the program to be implemented
and how such program’s design—

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‘‘(i) relates to the linguistic and academic needs
of the limited English proficient children to be served;
‘‘(ii) will ensure that the services provided through
the program will supplement the basic services the
applicant provides to limited English proficient children;
‘‘(iii) will ensure that the program is coordinated
with other programs under this Act and other Acts;
‘‘(iv) involves the parents of the limited English
proficient children to be served;
‘‘(v) ensures accountability in achieving high academic standards; and
‘‘(vi) promotes coordination of services for the limited English proficient children to be served and their
families.
‘‘(C) A description, if appropriate, of the applicant’s
collaborative activities with institutions of higher education, community-based organizations, local educational
agencies or State educational agencies, private schools, nonprofit organizations, or businesses in carrying out the proposed program.
‘‘(D) An assurance that the applicant will not reduce
the level of State and local funds that the applicant expends
for language instruction educational programs or special
alternative instruction programs if the applicant receives
an award under this subpart.
‘‘(E) An assurance that the applicant will employ
teachers in the proposed program who, individually or in
combination, are proficient in—
‘‘(i) English, with respect to written, as well as
oral, communication skills; and
‘‘(ii) the native language of the majority of the
children who the teachers teach, if instruction in the
program is in the native language as well as English.
‘‘(F) A budget for the grant funds.
‘‘(2) ADDITIONAL INFORMATION.—Each application for a
grant under section 3213 shall—
‘‘(A) describe—
‘‘(i) current services (as of the date of submission
of the application) the applicant provides to limited
English proficient children;
‘‘(ii) what services limited English proficient children will receive under the grant that such children
will not otherwise receive;
‘‘(iii) how funds received under this subpart will
be integrated with all other Federal, State, local, and
private resources that may be used to serve limited
English proficient children;
‘‘(iv) specific achievement and school retention
goals for the children to be served by the proposed
program and how progress toward achieving such goals
will be measured; and
‘‘(v) the current family education programs (as of
the date of submission of the application) of the eligible
entity, if applicable; and
‘‘(B) provide assurances that—

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‘‘(i) the program funded with the grant will be
integrated with the overall educational program of the
children served through the proposed program; and
‘‘(ii) the application has been developed in consultation with parents and other representatives of the children to be served in such program.
‘‘(h) APPROVAL OF APPLICATIONS.—An application for a grant
under this subpart may be approved only if the Secretary determines that—
‘‘(1) the program proposed in the application will use qualified personnel, including personnel who are proficient in the
language or languages used for instruction;
‘‘(2) in designing the program, the eligible entity has, after
consultation with appropriate private school officials—
‘‘(A) taken into account the needs of children in nonprofit private elementary schools and secondary schools;
and
‘‘(B) in a manner consistent with the number of such
children enrolled in such schools in the area to be served,
whose educational needs are of the type and whose language, and grade levels are of a similar type to the needs,
language, and grade levels that the program is intended
to address, provided for the participation of such children
on a basis comparable to the basis on which public school
children participate;
‘‘(3)(A) student evaluation and assessment procedures in
the program are valid and reliable for limited English proficient
children; and
‘‘(B) limited English proficient children with disabilities
will be identified and served through the program in accordance
with the requirements of the Individuals with Disabilities Education Act;
‘‘(4) Federal funds made available for the program will
be used to supplement the State and local funds that, in the
absence of such Federal funds, would be expended for special
programs for children of limited English proficient individuals,
and in no case to supplant such State and local funds, except
that nothing in this paragraph shall be construed to preclude
a local educational agency from using funds made available
under this subpart—
‘‘(A) for activities carried out under an order of a Federal or State court respecting services to be provided to
such children; or
‘‘(B) to carry out a plan approved by the Secretary
as adequate under title VI of the Civil Rights Act of 1964
with respect to services to be provided to such children;
‘‘(5)(A) the assistance provided through the grant will contribute toward building the capacity of the eligible entity to
provide a program on a regular basis, similar to the proposed
program, that will be of sufficient size, scope, and quality
to promise significant improvement in the education of limited
English proficient children; and
‘‘(B) the eligible entity will have the resources and commitment to continue the program of sufficient size, scope, and
quality when assistance under this subpart is reduced or no
longer available; and

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‘‘(6) the eligible entity will use State and national dissemination sources for program design and dissemination of results
and products.
‘‘(i) CONSIDERATION.—In determining whether to approve an
application under this subpart, the Secretary shall give consideration to—
‘‘(1) the degree to which the program for which assistance
is sought involves the collaborative efforts of institutions of
higher education, community-based organizations, the appropriate local educational agency and State educational agency,
or businesses; and
‘‘(2) whether the application provides for training for personnel participating in, or preparing to participate in, a program that will assist such personnel in meeting State and
local certification requirements.
20 USC 6915.

‘‘SEC. 3215. CAPACITY BUILDING.

‘‘Each recipient of a grant under this subpart shall use the
grant in ways that will build such recipient’s capacity to continue
to offer high-quality language instruction educational programs and
special alternative instruction programs to limited English proficient children after Federal assistance is reduced or eliminated.
20 USC 6916.

‘‘SEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

‘‘Notwithstanding any other provision of this part, programs
authorized under this subpart that serve Native American
(including Native American Pacific Islander) children and children
in the Commonwealth of Puerto Rico may include programs of
instruction, teacher training, curriculum development, evaluation,
and assessment designed for Native American children learning
and studying Native American languages and children of limited
Spanish proficiency, except that an outcome of programs serving
such children shall be increased English proficiency among such
children.

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20 USC 6917.

‘‘SEC. 3217. EVALUATIONS.

Reports.

‘‘(a) EVALUATION.—Each recipient of funds under this subpart
for a program shall annually conduct an evaluation of the program
and submit to the Secretary a report concerning the evaluation,
in the form prescribed by the Secretary.
‘‘(b) USE OF EVALUATION.—Such evaluation shall be used by
the grant recipient—
‘‘(1) for program improvement;
‘‘(2) to further define the program’s goals and objectives;
and
‘‘(3) to determine program effectiveness.
‘‘(c) EVALUATION REPORT COMPONENTS.—In preparing the
evaluation reports, the recipient shall—
‘‘(1) use the data provided in the application submitted
by the recipient under section 3214 as baseline data against
which to report academic achievement and gains in English
proficiency for children in the program;
‘‘(2) disaggregate the results of the evaluation by gender,
native languages spoken by children, socioeconomic status, and
whether the children have disabilities;
‘‘(3) include data on the progress of the recipient in
achieving the objectives of the program, including data demonstrating the extent to which children served by the program

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are meeting the challenging State academic content and student
academic achievement standards, and including data comparing
limited English proficient children with English proficient children with regard to school retention and academic achievement
concerning—
‘‘(A) reading and language arts;
‘‘(B) English proficiency;
‘‘(C) mathematics; and
‘‘(D) the native language of the children, if the program
develops native language proficiency;
‘‘(4) include information on the extent that professional
development activities carried out through the program have
resulted in improved classroom practices and improved student
academic achievement;
lude a description of how the activities carried out through
the program are coordinated and integrated with the other
Federal, State, or local programs serving limited English proficient children; and
‘‘(6) include such other information as the Secretary may
require.
‘‘SEC. 3218. CONSTRUCTION.

20 USC 6918.

‘‘Nothing in this subpart shall be construed to prohibit a local
educational agency from serving limited English proficient children
simultaneously with children with similar educational needs, in
the same educational settings where appropriate.

‘‘Subpart 2—Research, Evaluation, and
Dissemination
‘‘SEC. 3221. AUTHORITY.

20 USC 6931.

‘‘(a) IN GENERAL.—The Secretary is authorized to conduct data
collection, dissemination, research, and ongoing program evaluation
activities in accordance with the provisions of this subpart for
the purpose of improving language instruction educational programs
and special alternative instruction programs for limited English
proficient children.
‘‘(b) COMPETITIVE AWARDS.—Research and program evaluation
activities carried out under this subpart shall be supported through
competitive grants, contracts, and cooperative agreements awarded
to institutions of higher education, nonprofit organizations, State
educational agencies, and local educational agencies.
‘‘(c) ADMINISTRATION.—The Secretary shall conduct data collection, dissemination, and ongoing program evaluation activities
authorized by this subpart through the Office of English Language
Acquisition, Language Enhancement, and Academic Achievement
for Limited English Proficient Students.
‘‘SEC. 3222. RESEARCH.

20 USC 6932.

‘‘(a) ADMINISTRATION.—The Secretary shall conduct research
activities authorized by this subpart through the Office of Educational Research and Improvement in coordination and collaboration with the Office of English Language Acquisition, Language
Enhancement, and Academic Achievement for Limited English Proficient Students.
‘‘(b) REQUIREMENTS.—Such research activities—

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‘‘(1) shall have a practical application to teachers, counselors, paraprofessionals, school administrators, parents, and
others involved in improving the education of limited English
proficient children and their families;
‘‘(2) may include research on effective instruction practices
for multilingual classes, and on effective instruction strategies
to be used by a teacher or other staff member who does not
know the native language of a limited English proficient child
in the teacher’s or staff member’s classroom;
‘‘(3) may include establishing (through the National Center
for Education Statistics in consultation with experts in second
language acquisition and scientifically based research on
teaching limited English proficient children) a common definition of ‘limited English proficient child’ for purposes of national
data collection; and
‘‘(4) shall be administered by individuals with expertise
in second language acquisition, scientifically based research
on teaching limited English proficient children, and the needs
of limited English proficient children and their families.
‘‘(c) FIELD-INITIATED RESEARCH.—
‘‘(1) IN GENERAL.—The Secretary shall reserve not less
than 5 percent of the funds made available to carry out this
section for field-initiated research conducted by recipients of
grants under subpart 1 or this subpart who have received
such grants within the previous 5 years. Such research may
provide for longitudinal studies of limited English proficient
children or teachers who serve such children, monitoring the
education of such children from entry into language instruction
educational programs through secondary school completion.
‘‘(2) APPLICATIONS.—An applicant for assistance under this
subsection may submit an application for such assistance to
the Secretary at the same time as the applicant submits another
application under subpart 1 or this subpart. The Secretary
shall complete a review of such applications on a timely basis
to allow the activities carried out under research and program
grants to be coordinated when recipients are awarded two
or more of such grants.
‘‘(d) CONSULTATION.—The Secretary shall consult with agencies,
organizations, and individuals that are engaged in research and
practice on the education of limited English proficient children,
language instruction educational programs, or related research, to
identify areas of study and activities to be funded under this section.
‘‘(e) DATA COLLECTION.—The Secretary shall provide for the
collection of data on limited English proficient children as part
of the data systems operated by the Department.
20 USC 6933.

‘‘SEC. 3223. ACADEMIC EXCELLENCE AWARDS.

‘‘(a) AUTHORITY.—The Secretary may make grants to State
educational agencies to assist the agencies in recognizing local
educational agencies and other public and nonprofit entities whose
programs have—
‘‘(1) demonstrated significant progress in assisting limited
English proficient children to learn English according to age
appropriate and developmentally appropriate standards; and
‘‘(2) demonstrated significant progress in assisting limited
English proficient children to meet, according to age appropriate

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and developmentally appropriate standards, the same challenging State academic content and student academic achievement standards as all children are expected to meet.
‘‘(b) APPLICATIONS.—A State educational agency desiring a
grant under this section shall include an application for such grant
in the application submitted by the agency under section 3224(e).
‘‘SEC. 3224. STATE GRANT PROGRAM.

20 USC 6934.

‘‘(a) STATE GRANT PROGRAM.—The Secretary is authorized to
make an award to a State educational agency that demonstrates,
to the satisfaction of the Secretary, that such agency, through
such agency’s programs and other Federal education programs,
effectively provides for the education of limited English proficient
children within the State.
‘‘(b) PAYMENTS.—The amount paid to a State educational agency
under subsection (a) shall not exceed 5 percent of the total amount
awarded to local educational agencies and entities within the State
under subpart 1 for the previous fiscal year, except that in no
case shall the amount paid by the Secretary to any State educational
agency under this subsection for any fiscal year be less than
$100,000.
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency shall use
funds awarded under this section—
‘‘(A) to assist local educational agencies in the State
with activities that—
‘‘(i) consist of program design, capacity building,
assessment of student academic achievement, program
evaluation, and development of data collection and
accountability systems for limited English proficient
children; and
‘‘(ii) are aligned with State reform efforts; and
‘‘(B) to collect data on the State’s limited English proficient populations and document the services available
to all such populations.
‘‘(2) TRAINING.—The State educational agency may also
use funds provided under this section for the training of State
educational agency personnel in educational issues affecting
limited English proficient children.
‘‘(3) SPECIAL RULE.—Recipients of funds under this section
shall not restrict the provision of services under this section
to federally funded programs.
‘‘(d) STATE CONSULTATION.—A State educational agency
receiving funds under this section shall consult with recipients
of grants under this subpart and other individuals or organizations
involved in the development or operation of programs serving limited English proficient children to ensure that such funds are used
in a manner consistent with the requirements of this subpart.
‘‘(e) APPLICATIONS.—A State educational agency desiring to
receive funds under this section shall submit an application to
the Secretary at such time, in such form, and containing such
information and assurances as the Secretary may require.
‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this section for any fiscal year shall be used by the
State educational agency to supplement and, to the extent practical,
to increase the State funds that, in the absence of such Federal

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funds, would be made available for the purposes described in this
section, and in no case to supplant such State funds.
‘‘(g) REPORT TO THE SECRETARY.—A State educational agency
receiving an award under this section shall provide for the annual
submission of a summary report to the Secretary describing such
State’s use of the funds made available through the award.
20 USC 6935.

‘‘SEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary may make grants for the
development, publication, and dissemination of high-quality instruction materials—
‘‘(1) in Native American languages (including Native
Hawaiian languages and the language of Native American
Pacific Islanders), and the language of natives of the outlying
areas, for which instruction materials are not readily available;
and
‘‘(2) in other low-incidence languages in the United States
for which instruction materials are not readily available.
‘‘(b) PRIORITY.—In making the grants, the Secretary shall give
priority to applicants for the grants who propose—
‘‘(1) to develop instruction materials in languages indigenous to the United States or the outlying areas; and
‘‘(2) to develop and evaluate materials, in collaboration
with entities carrying out activities assisted under subpart
1 and this subpart, that are consistent with challenging State
academic content and student academic achievement standards.

‘‘Subpart 3—Professional Development
20 USC 6951.

‘‘SEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS.

‘‘(a) PURPOSE.—The purpose of this section is to provide assistance to prepare educators to improve educational services for limited
English proficient children by—
‘‘(1) supporting professional development programs and
activities to prepare teachers, pupil service personnel, administrators, and other educational personnel working in language
instruction educational programs to provide effective services
to limited English proficient children;
‘‘(2) incorporating curricula and resources concerning
appropriate and effective instruction and assessment methodologies specific to limited English proficient children into
preservice and inservice professional development programs;
‘‘(3) upgrading the qualifications and skills of non-certified
educational personnel, including paraprofessionals, to enable
such personnel to meet high professional standards for educating limited English proficient children;
‘‘(4) improving the quality of professional development programs in schools or departments of education at institutions
of higher education, for educational personnel serving, or preparing to serve, limited English proficient children; and
‘‘(5) supporting the recruitment and training of prospective
educational personnel to serve limited English proficient children by providing fellowships for undergraduate, graduate, doctoral, and post-doctoral study related to the instruction of such
children.
‘‘(b) AUTHORIZATION.—

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‘‘(1) IN GENERAL.—The Secretary is authorized to award
grants under this section to—
‘‘(A) State educational agencies;
‘‘(B) local educational agencies;
‘‘(C) institutions of higher education; or
‘‘(D) consortia of one or more local educational agencies,
State educational agencies, institutions of higher education,
for-profit organizations, or nonprofit organizations.
‘‘(2) DURATION.—Each grant awarded under this section
shall be awarded for a period of not more than 4 years.
‘‘(c) AUTHORIZED ACTIVITIES.—Grants awarded under this section shall be used to conduct high-quality professional development
programs and effective activities to improve the quality of instruction and services provided to limited English proficient children,
including—
‘‘(1) implementing preservice and inservice professional
development programs for teachers who serve limited English
proficient children, administrators, and other educational personnel who are preparing to provide educational services for
limited English proficient children, including professional
development programs that assist limited English proficient
children to attain English proficiency;
‘‘(2) implementing school-based collaborative efforts among
teachers to improve instruction in core academic subjects, especially reading, for limited English proficient children;
‘‘(3) developing and implementing programs to assist beginning teachers who serve limited English proficient children
with transitioning to the teaching profession, including programs that provide mentoring and team teaching with trained
and experienced teachers;
‘‘(4) implementing programs that support effective teacher
use of education technologies to improve instruction and assessment;
‘‘(5) developing curricular materials and assessments for
teachers that are appropriate to the needs of limited English
proficient children, and that are aligned with challenging State
academic content and student academic achievement standards,
including materials and assessments that ensure limited
English proficient children attain English proficiency;
‘‘(6) integrating and coordinating activities with entities
carrying out other programs consistent with the purpose of
this section and supported under this Act, or other Acts as
appropriate;
‘‘(7) developing and implementing career ladder programs
to upgrade the qualifications and skills of non-certified educational personnel working in, or preparing to work in, language
instruction educational programs to enable such personnel to
meet high professional standards, including standards for certification and licensure as teachers;
‘‘(8) developing and implementing activities to help recruit
and train secondary school students as teachers who serve
limited English proficient children;
‘‘(9) providing fellowships and assistance for costs related
to enrollment in a course of study at an institution of higher
education that addresses the instruction of limited English
proficient children in such areas as teacher training, program

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administration, research, evaluation, and curriculum development, and for the support of dissertation research related to
such study, except that any person receiving such a fellowship
or assistance shall agree to—
‘‘(A) work in an activity related to improving the educational services for limited English proficient children
authorized under this subpart, including work as a teacher
that serves limited English proficient children, for a period
of time equivalent to the period of time during which
such person receives assistance under this paragraph; or
‘‘(B) repay such assistance; and
‘‘(10) carrying out such other activities as are consistent
with the purpose of this section.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such form, and containing such information
as the Secretary may require.
‘‘(2) CONTENTS.—Each application shall—
‘‘(A) describe the programs and activities proposed to
be developed, implemented, and administered under the
award;
‘‘(B) describe how the applicant has consulted with,
and assessed the needs of, public and private schools
serving limited English proficient children to determine
such schools’ need for, and the design of, the program
for which funds are sought; and
‘‘(C) describe how the programs and activities to be
carried out under the award will be used to ensure that
limited English proficient children meet challenging State
academic content and student academic achievement standards and attain English proficiency.
‘‘(3) SPECIAL RULE.—An eligible entity that proposes to
conduct a master’s-level or doctoral-level program with funds
received under this section shall include in the entity’s application an assurance that such program will include a training
practicum in a local elementary school or secondary school
program serving limited English proficient children.
‘‘(4) OUTREACH AND TECHNICAL ASSISTANCE.—The Secretary
shall provide for outreach and technical assistance to institutions of higher education eligible for assistance under title
III of the Higher Education Act of 1965, and institutions of
higher education that are operated or funded by the Bureau
of Indian Affairs, to facilitate the participation of such institutions in programs and activities under this section.
‘‘(5) DISTRIBUTION RULE.—In making awards under this
section, the Secretary shall ensure adequate representation
of Hispanic-serving institutions that demonstrate competence
and experience in carrying out the programs and activities
authorized under this section and that are otherwise qualified.
‘‘(e) PRIORITIES IN AWARDING GRANTS.—
‘‘(1) GRANTS TO AGENCIES.—In awarding grants to State
educational agencies and local educational agencies under this
section, the Secretary shall give priority to agencies that propose programs and activities designed to implement professional development programs for teachers and educational personnel who are providing or preparing to provide educational

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services for limited English proficient children, including services provided through language instruction educational programs, that ensure such children attain English proficiency
and meet challenging State academic content and student academic achievement standards.
‘‘(2) GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.—In
awarding grants to institutions of higher education under this
section, the Secretary shall give priority to institutions that
propose programs and activities to recruit and upgrade the
qualifications and skills of certified and non-certified educational personnel by offering degree programs that prepare
beginning teachers to serve limited English proficient children.
‘‘(f) PROGRAM EVALUATIONS.—Each recipient of an award under
this section for a program or activity shall annually conduct an
independent evaluation of the program or activity and submit to
the Secretary a report containing such evaluation. Such report
shall include information on—
‘‘(1) the program or activity conducted by the recipient
to provide high-quality professional development to participants
in such program or activity;
‘‘(2) the number of participants served through the program
or activity, the number of participants who completed the
requirements of the program or activity, and the number of
participants who took positions in an instruction setting with
limited English proficient children;
‘‘(3) the effectiveness of the program or activity in imparting
the professional skills necessary for participants to achieve
the objectives of the program or activity; and
‘‘(4) the teaching effectiveness of graduates of the program
or activity or other participants who have completed the program or activity.

‘‘Subpart 4—Emergency Immigrant Education
Program
‘‘SEC. 3241. PURPOSE.

20 USC 6961.

‘‘The purpose of this subpart is to assist eligible local educational agencies that experience unexpectedly large increases in
their student population due to immigration—
‘‘(1) to provide high-quality instruction to immigrant children and youth; and
‘‘(2) to help such children and youth—
‘‘(A) with their transition into American society; and
‘‘(B) meet the same challenging State academic content
and student academic achievement standards as all children are expected to meet.
‘‘SEC. 3242. STATE ADMINISTRATIVE COSTS.

20 USC 6962.

‘‘For any fiscal year, a State educational agency may reserve
not more than 1.5 percent (2 percent if the State educational agency
distributes funds received under this subpart to local educational
agencies on a competitive basis) of the amount allotted to such
agency under section 3244 to pay the costs of performing such
agency’s administrative functions under this subpart.

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20 USC 6963.

‘‘SEC. 3243. WITHHOLDING.

Notification.

‘‘Whenever the Secretary, after providing reasonable notice and
opportunity for a hearing to any State educational agency, finds
that there is a failure to comply with a requirement of any provision
of this subpart, the Secretary shall notify that agency that further
payments will not be made to the agency under this subpart or,
in the discretion of the Secretary, that the State educational agency
shall not make further payments under this subpart to specified
local educational agencies whose actions cause or are involved in
such failure until the Secretary is satisfied that there is no longer
any such failure to comply. Until the Secretary is so satisfied,
no further payments shall be made to the State educational agency
under this subpart, or payments by the State educational agency
under this subpart shall be limited to local educational agencies
whose actions did not cause or were not involved in the failure,
as the case may be.

20 USC 6964.

‘‘SEC. 3244. STATE ALLOTMENTS.

‘‘(a) PAYMENTS.—The Secretary shall, in accordance with the
provisions of this section, make payments to State educational
agencies for each of the fiscal years 2002 through 2008 for the
purpose set forth in section 3241.
‘‘(b) ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in subsections (c)
and (d), of the amount appropriated for each fiscal year for
this subpart, each State participating in the program assisted
under this subpart shall receive an allotment equal to the
proportion of the number of immigrant children and youth
who are enrolled in public elementary schools or secondary
schools under the jurisdiction of each local educational agency
described in paragraph (2), and in nonpublic elementary schools
or secondary schools within the district served by each such
local educational agency within such State, relative to the total
number of immigrant children and youth so enrolled in all
the States participating in the program assisted under this
subpart.
‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency referred to in paragraph (1) is a local educational agency for which the sum of the number of immigrant
children and youth who are enrolled in public elementary
schools or secondary schools under the jurisdiction of such
agency, and in nonpublic elementary schools or secondary
schools within the district served by such agency, during the
fiscal year for which the payments are to be made under
this subpart, is equal to at least—
‘‘(A) 500; or
‘‘(B) 3 percent of the total number of children enrolled
in such public or nonpublic schools during such fiscal year,
whichever is less.
‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN AND YOUTH.—
‘‘(1) IN GENERAL.—Determinations by the Secretary under
this section for any period with respect to the number of
immigrant children and youth shall be made on the basis
of data or estimates provided to the Secretary by each State
educational agency in accordance with criteria established by
the Secretary, unless the Secretary determines, after notice

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and opportunity for a hearing to the affected State educational
agency, that such data or estimates are clearly erroneous.
‘‘(2) SPECIAL RULE.—No such determination with respect
to the number of immigrant children and youth shall operate
because of an underestimate or overestimate to deprive any
State educational agency of the allotment under this section
that such State would otherwise have received had such determination been made on the basis of accurate data.
‘‘(d) REALLOTMENT.—
‘‘(1) IN GENERAL.—Whenever the Secretary determines that
any amount of a payment made to a State under this subpart
for a fiscal year will not be used by such State for carrying
out the purpose for which the payment was made, the Secretary
shall make such amount available for carrying out such purpose
to one or more other States to the extent the Secretary determines that such other States will be able to use such additional
amount for carrying out such purpose.
‘‘(2) FISCAL YEAR.—Any amount made available to a State
from any appropriation for a fiscal year in accordance with
paragraph (1) shall, for purposes of this subpart, be regarded
as part of such State’s payment (as determined under subsection (b)) for such year, but shall remain available until
the end of the succeeding fiscal year.
‘‘(e) RESERVATION OF FUNDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this subpart, if the amount appropriated to carry out this
subpart exceeds $50,000,000 for a fiscal year, a State educational agency may reserve not more than 20 percent of such
agency’s payment under this subpart for such year to award
grants, on a competitive basis, to local educational agencies
within the State as follows:
‘‘(A) AGENCIES WITH IMMIGRANT CHILDREN AND
YOUTH.—At least 1⁄2 of the funds reserved under this paragraph shall be made available to eligible local educational
agencies (as described in subsection (b)(2)) within the State
with the highest numbers and percentages of immigrant
children and youth.
‘‘(B) AGENCIES WITH A SUDDEN INFLUX OF CHILDREN
AND YOUTH.—Funds reserved under this paragraph and
not made available under subparagraph (A) may be distributed to local educational agencies within the State that
are experiencing a sudden influx of immigrant children
and youth and that are otherwise not eligible for assistance
under this subpart.
‘‘(2) USE OF GRANT FUNDS.—Each local educational agency
receiving a grant under paragraph (1) shall use such grant
funds to carry out the activities described in section 3247.
‘‘(3) INFORMATION.—Local educational agencies receiving
funds under paragraph (1) with the highest number of
immigrant children and youth may make information available
on serving immigrant children and youth to local educational
agencies in the State with sparse numbers of such children
and youth.
‘‘SEC. 3245. STATE APPLICATIONS.

20 USC 6965.

‘‘(a) SUBMISSION.—No State educational agency shall receive
any payment under this subpart for any fiscal year unless such

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agency submits an application to the Secretary at such time, in
such manner, and containing or accompanied by such information,
as the Secretary may reasonably require. Each such application
shall—
‘‘(1) provide that the educational programs, services, and
activities for which payments under this subpart are made
will be administered by or under the supervision of the agency;
‘‘(2) provide assurances that payments under this subpart
will be used for purposes set forth in sections 3241 and 3247,
including a description of how local educational agencies
receiving funds under this subpart will use such funds to meet
such purposes and will coordinate with entities carrying out
other programs and activities assisted under this Act, and
other Acts as appropriate;
‘‘(3) provide an assurance that local educational agencies
receiving funds under this subpart will coordinate the use
of such funds with entities carrying out programs and activities
assisted under part A of title I;
‘‘(4) provide assurances that such payments, with the exception of payments reserved under section 3244(e), will be distributed among local educational agencies within that State on
the basis of the number of immigrant children and youth
counted with respect to each such local educational agency
under section 3244(b)(1);
‘‘(5) provide assurances that the State educational agency
will not finally disapprove in whole or in part any application
for funds received under this subpart without first affording
the local educational agency submitting an application for such
funds reasonable notice and opportunity for a hearing;
‘‘(6) provide for making such reports as the Secretary may
reasonably require to perform the Secretary’s functions under
this subpart;
‘‘(7) provide assurances—
‘‘(A) that to the extent consistent with the number
of immigrant children and youth enrolled in the nonpublic
elementary schools or secondary schools within the district
served by a local educational agency, such agency, after
consultation with appropriate officials of such schools, shall
provide for the benefit of such children and youth secular,
neutral, and nonideological services, materials, and equipment necessary for the education of such children and
youth;
‘‘(B) that the control of funds provided under this subpart for any materials or equipment, or property repaired,
remodeled, or constructed with those funds shall be in
a public agency for the uses and purpose provided in this
subpart, and a public agency shall administer such funds
and property; and
‘‘(C) that the provision of services pursuant to this
paragraph shall be provided by employees of a public
agency or through contract by such public agency with
a person, association, agency, or corporation who or which,
in the provision of such services, is independent of such
nonpublic elementary school or secondary school and of
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public agency, and the funds provided under this paragraph
shall not be commingled with State or local funds;
‘‘(8) provide that funds reserved under section 3244(e) be
awarded on a competitive basis based on merit and need in
accordance with such section; and
‘‘(9) provide an assurance that the State educational agency
and local educational agencies in the State receiving funds
under this subpart will comply with the requirements of section
1120(b).
‘‘(b) APPLICATION REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall review all applications submitted pursuant to this section by State educational
agencies.
‘‘(2) APPROVAL.—The Secretary shall approve any application submitted by a State educational agency that meets the
requirements of this section.
‘‘(3) DISAPPROVAL.—The Secretary shall disapprove any
application submitted by a State educational agency that does
not meet the requirements of this section, but shall not finally
disapprove an application except after providing reasonable
notice, technical assistance, and an opportunity for a hearing
to the State educational agency.
‘‘SEC. 3246. ADMINISTRATIVE PROVISIONS.

20 USC 6966.

‘‘(a) NOTIFICATION OF AMOUNT.—The Secretary, not later than
June 1 of each year, shall notify each State educational agency
that has an application approved under section 3245 of the amount
of such agency’s allotment under section 3244 for the succeeding
year.
‘‘(b) SERVICES TO IMMIGRANT CHILDREN AND YOUTH ENROLLED
IN NONPUBLIC SCHOOLS.—If by reason of any provision of law
a local educational agency is prohibited from providing educational
services for immigrant children and youth enrolled in nonpublic
elementary schools and secondary schools, as required by section
3245(a)(7), or if the Secretary determines that a local educational
agency has substantially failed or is unwilling to provide for the
participation on an equitable basis of such children and youth
enrolled in such schools, the Secretary may waive such requirement
and shall arrange for the provision of services, subject to the
requirements of this subpart, to such children and youth. Such
waivers shall be subject to consultation, withholding, notice, and
judicial review requirements in accordance with the provisions of
title I.

Deadline.

‘‘SEC. 3247. USES OF FUNDS.

20 USC 6967.

‘‘(a) USE OF FUNDS.—Funds awarded under this subpart shall
be used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include—
‘‘(1) family literacy, parent outreach, and training activities
designed to assist parents to become active participants in
the education of their children;
‘‘(2) support of personnel, including teacher aides who have
been specifically trained, or are being trained, to provide services to immigrant children and youth;
‘‘(3) tutorials, mentoring, and academic or career counseling
for immigrant children and youth;
‘‘(4) identification and acquisition of curricular materials,
educational software, and technologies;

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‘‘(5) the provision of basic instruction services that are
directly attributable to the presence in the school district of
immigrant children and youth, including payment of costs of
providing additional classroom supplies, costs of transportation,
or such other costs as are directly attributable to such additional basic instruction services; and
‘‘(6) such other activities, related to the purpose of this
subpart, as the Secretary may authorize.
‘‘(b) CONSORTIA.—A local educational agency that receives a
grant under this subpart may collaborate or form a consortium
with one or more local educational agencies, institutions of higher
education, and nonprofit organizations to carry out a program
described in an application approved under this subpart.
‘‘(c) SUBGRANTS.—A local educational agency that receives a
grant under this subpart may, with the approval of the Secretary,
make a subgrant to, or enter into a contract with, an institution
of higher education, a nonprofit organization, or a consortium of
such institutions or organizations to carry out a program described
in an application approved under this subpart, including a program
to serve out-of-school youth.
‘‘(d) CONSTRUCTION.—Nothing in this subpart shall be construed
to prohibit a local educational agency from serving immigrant children and youth simultaneously with children and youth with similar
educational needs, in the same educational settings where appropriate.
20 USC 6968.

‘‘SEC. 3248. REPORTS.

‘‘(a) BIENNIAL REPORT.—Each State educational agency
receiving funds under this subpart shall submit, once every 2 years,
a report to the Secretary concerning the expenditure of funds by
local educational agencies under this subpart. Each local educational agency receiving funds under this subpart shall submit
to the State educational agency such information as may be necessary for such report.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall submit, once
every 2 years, a report to the appropriate committees of Congress
concerning programs assisted under this subpart.

‘‘Subpart 5—Administration
20 USC 6981.

‘‘SEC. 3251. RELEASE TIME.

‘‘The Secretary shall allow entities carrying out professional
development programs funded under this part to use funds provided
under this part for professional release time to enable individuals
to participate in programs assisted under this part.
20 USC 6982.

‘‘SEC. 3252. NOTIFICATION.

‘‘A State educational agency, and when applicable, the State
board for postsecondary education, shall be notified within 3
working days after the date an award under this part is made
to an eligible entity within the State.
20 USC 6983.

‘‘SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS.

‘‘(a) COORDINATION WITH RELATED PROGRAMS.—In order to
maximize Federal efforts aimed at serving the educational needs
of children and youth of limited English proficiency, the Secretary
shall coordinate and ensure close cooperation with other programs
serving language-minority and limited English proficient children

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that are administered by the Department and other agencies. The
Secretary shall consult with the Secretary of Labor, the Secretary
of Health and Human Services, the Secretary of Agriculture, the
Attorney General, and the heads of other relevant agencies to
identify and eliminate barriers to appropriate coordination of programs that affect language-minority and limited English proficient
children and their families. The Secretary shall provide for continuing consultation and collaboration, between the Office of English
Language Acquisition, Language Enhancement, and Academic
Achievement for Limited English Proficient Students and relevant
programs operated by the Department, including programs under
this part and other programs under this Act, in planning, contracts,
providing joint technical assistance, providing joint field monitoring
activities and in other relevant activities to ensure effective program
coordination to provide high-quality educational opportunities to
all language-minority and limited English proficient children.
‘‘(b) DATA.—The Secretary shall, to the extent feasible, ensure
that all data collected by the Department shall include the collection
and reporting of data on limited English proficient children.
‘‘(c) PUBLICATION OF PROPOSALS.—The Secretary shall publish
and disseminate all requests for proposals for programs funded
under this part.
‘‘(d) REPORT.—The Director shall prepare and, not later than
February 1 of every other year, shall submit to the Secretary,
the Committee on Education and the Workforce of the House of
Representatives, and the Committee on Health, Education, Labor,
and Pensions of the Senate a report—
‘‘(1) on programs and activities carried out to serve limited
English proficient children under this part, and the effectiveness of such programs and activities in improving the academic
achievement and English proficiency of children who are limited
English proficient;
‘‘(2) containing a critical synthesis of data reported by
States under section 3224, when applicable;
‘‘(3) containing an estimate of the number of certified or
licensed teachers working in language instruction educational
programs and educating limited English proficient children,
and an estimate of the number of such teachers that will
be needed for the succeeding 5 fiscal years;
‘‘(4) containing the major findings of scientifically based
research carried out under this part; and
‘‘(5) containing other information gathered from the reports
submitted to the Secretary under this title when applicable.

Deadline.

‘‘PART C—GENERAL PROVISIONS
‘‘SEC. 3301. DEFINITIONS.

20 USC 7011.

‘‘Except as otherwise provided, in this title:
‘‘(1) CHILD.—The term ‘child’ means any individual aged
3 through 21.
‘‘(2) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means a private nonprofit organization
of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides
educational or related services to individuals in the community.

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PUBLIC LAW 107–110—JAN. 8, 2002
Such term includes a Native Hawaiian or Native American
Pacific Islander native language educational organization.
‘‘(3) COMMUNITY COLLEGE.—The term ‘community college’
means an institution of higher education as defined in section
101 of the Higher Education Act of 1965 that provides not
less than a 2-year program that is acceptable for full credit
toward a bachelor’s degree, including institutions receiving
assistance under the Tribally Controlled College or University
Assistance Act of 1978.
‘‘(4) DIRECTOR.—The term ‘Director’ means the Director
of the Office of English Language Acquisition, Language
Enhancement, and Academic Achievement for Limited English
Proficient Students established under section 209 of the Department of Education Organization Act.
‘‘(5) FAMILY EDUCATION PROGRAM.—The term ‘family education program’ means a language instruction educational program or special alternative instruction program that—
‘‘(A) is designed—
‘‘(i) to help limited English proficient adults and
out-of-school youths achieve English proficiency; and
‘‘(ii) to provide instruction on how parents and
family members can facilitate the educational achievement of their children;
‘‘(B) when feasible, uses instructional programs based
on models developed under the Even Start Family Literacy
Programs, which promote adult literacy and train parents
to support the educational growth of their children, the
Parents as Teachers Program, and the Home Instruction
Program for Preschool Youngsters; and
‘‘(C) gives preference to participation by parents and
immediate family members of children attending school.
‘‘(6) IMMIGRANT CHILDREN AND YOUTH.—The term
‘immigrant children and youth’ means individuals who—
‘‘(A) are aged 3 through 21;
‘‘(B) were not born in any State; and
‘‘(C) have not been attending one or more schools in
any one or more States for more than 3 full academic
years.
‘‘(7) INDIAN TRIBE.—The term ‘Indian tribe’ means any
Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or
Village Corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act, that is recognized
as eligible for the special programs and services provided by
the United States to Indians because of their status as Indians.
‘‘(8) LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM.—The
term ‘language instruction educational program’ means an
instruction course—
‘‘(A) in which a limited English proficient child is placed
for the purpose of developing and attaining English proficiency, while meeting challenging State academic content
and student academic achievement standards, as required
by section 1111(b)(1); and
‘‘(B) that may make instructional use of both English
and a child’s native language to enable the child to develop
and attain English proficiency, and may include the participation of English proficient children if such course is

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designed to enable all participating children to become
proficient in English and a second language.
‘‘(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—
The terms ‘Native American’ and ‘Native American language’
shall have the meanings given such terms in section 103 of
the Native American Languages Act.
‘‘(10) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC
ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The
term ‘Native Hawaiian or Native American Pacific Islander
native language educational organization’ means a nonprofit
organization with—
‘‘(A) a majority of its governing board and employees
consisting of fluent speakers of the traditional Native
American languages used in the organization’s educational
programs; and
‘‘(B) not less than 5 years successful experience in
providing educational services in traditional Native American languages.
‘‘(11) NATIVE LANGUAGE.—The term ‘native language’, when
used with reference to an individual of limited English proficiency, means—
‘‘(A) the language normally used by such individual;
or
‘‘(B) in the case of a child or youth, the language
normally used by the parents of the child or youth.
‘‘(12) PARAPROFESSIONAL.—The term ‘paraprofessional’
means an individual who is employed in a preschool, elementary
school, or secondary school under the supervision of a certified
or licensed teacher, including individuals employed in language
instruction educational programs, special education, and
migrant education.
‘‘(13) SPECIALLY QUALIFIED AGENCY.—The term ‘specially
qualified agency’ means an eligible entity, as defined in section
3141, in a State whose State educational agency—
‘‘(A) does not participate in a program under subpart
1 of part A for a fiscal year; or
‘‘(B) 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 such subpart.
‘‘(14) STATE.—The term ‘State’ means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
‘‘(15) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.—The
term ‘tribally sanctioned educational authority’ means—
‘‘(A) any department or division of education operating
within the administrative structure of the duly constituted
governing body of an Indian tribe; and
‘‘(B) any nonprofit institution or organization that is—
‘‘(i) chartered by the governing body of an Indian
tribe to operate a school described in section 3112(a)
or otherwise to oversee the delivery of educational
services to members of the tribe; and
‘‘(ii) approved by the Secretary for the purpose
of carrying out programs under subpart 1 of part A
for individuals served by a school described in section
3112(a).

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115 STAT. 1732
20 USC 7012.

‘‘SEC. 3302. PARENTAL NOTIFICATION.

Deadline.

‘‘(a) IN GENERAL.—Each eligible entity using funds provided
under this title to provide a language instruction educational program shall, not later than 30 days after the beginning of the
school year, inform a parent or the parents of a limited English
proficient child identified for participation in, or participating in,
such program of—
‘‘(1) the reasons for the identification of their child as
limited English proficient and in need of placement in a language instruction educational program;
‘‘(2) the child’s level of English proficiency, how such level
was assessed, and the status of the child’s academic achievement;
‘‘(3) the method 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, instruction goals, and use
of English and a native language in instruction;
‘‘(4) how the program in which their child is, or will be
participating will meet the educational strengths and needs
of the child;
‘‘(5) how such program will specifically help their child
learn English, and meet age appropriate academic achievement
standards for grade promotion and graduation;
‘‘(6) the specific exit requirements for such program, the
expected rate of transition from such program into classrooms
that are not tailored for limited English proficient children,
and the expected rate of graduation from secondary school
for such program if funds under this title are used for children
in secondary schools;
‘‘(7) in the case of a child with a disability, how such
program meets the objectives of the individualized education
program of the child; and
‘‘(8) information pertaining to parental rights that includes
written guidance—
‘‘(A) detailing—
‘‘(i) the right that parents have to have their child
immediately removed from such program upon their
request; and
‘‘(ii) 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
‘‘(B) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity.
‘‘(b) SEPARATE NOTIFICATION.—In addition to providing the
information required to be provided under subsection (a), each
eligible entity that is using funds provided under this title to
provide a language instruction educational program, and that has
failed to make progress on the annual measurable achievement
objectives described in section 3122 for any fiscal year for which
part A is in effect, shall separately inform a parent or the parents
of a child identified for participation in such program, or participating in such program, of such failure not later than 30 days
after such failure occurs.
‘‘(c) RECEIPT OF INFORMATION.—The information required to
be provided under subsections (a) and (b) to a parent shall be

Deadline.

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provided in an understandable and uniform format and, to the
extent practicable, in a language that the parent can understand.
‘‘(d) SPECIAL RULE APPLICABLE DURING SCHOOL YEAR.—For
a child who has not been identified for participation in a language
instruction educational program prior to the beginning of the school
year, the eligible entity shall carry out subsections (a) through
(c) with respect to the parents of the child within 2 weeks of
the child being placed in such a program.
‘‘(e) PARENTAL PARTICIPATION.—
‘‘(1) IN GENERAL.—Each eligible entity using funds provided
under this title to provide a language instruction educational
program shall implement an effective means of outreach to
parents of limited English proficient children to inform such
parents of how they can—
‘‘(A) be involved in the education of their children;
and
‘‘(B) be active participants in assisting their children—
‘‘(i) to learn English;
‘‘(ii) to achieve at high levels in core academic
subjects; and
‘‘(iii) to meet the same challenging State academic
content and student academic achievement standards
as all children are expected to meet.
‘‘(2) RECEIPT OF RECOMMENDATIONS.—The outreach
described in paragraph (1) shall include holding, and sending
notice of opportunities for, regular meetings for the purpose
of formulating and responding to recommendations from parents described in such paragraph.
‘‘(f) BASIS FOR ADMISSION OR EXCLUSION.—A child shall not
be admitted to, or excluded from, any federally assisted education
program on the basis of a surname or language-minority status.
‘‘SEC. 3303. NATIONAL CLEARINGHOUSE.

‘‘The Secretary shall establish and support the operation of
a National Clearinghouse for English Language Acquisition and
Language Instruction Educational Programs, which shall collect,
analyze, synthesize, and disseminate information about language
instruction educational programs for limited English proficient children, and related programs. The National Clearinghouse shall—
‘‘(1) be administered as an adjunct clearinghouse of the
Educational Resources Information Center Clearinghouses
system supported by the Office of Educational Research and
Improvement;
‘‘(2) coordinate activities with Federal data and information
clearinghouses and entities operating Federal dissemination
networks and systems;
‘‘(3) develop a system for improving the operation and
effectiveness of federally funded language instruction educational programs;
‘‘(4) collect and disseminate information on—
‘‘(A) educational research and processes related to the
education of limited English proficient children; and
‘‘(B) accountability systems that monitor the academic
progress of limited English proficient children in language
instruction educational programs, including information on
academic content and English proficiency assessments for
language instruction educational programs; and

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Establishment.
20 USC 7013.

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‘‘(5) publish, on an annual basis, a list of grant recipients
under this title.

Publication.

‘‘SEC. 3304. REGULATIONS.

20 USC 7014.

‘‘In developing regulations under this title, the Secretary shall
consult with State educational agencies and local educational agencies, organizations representing limited English proficient individuals, and organizations representing teachers and other personnel
involved in the education of limited English proficient children.’’.

TITLE IV—21ST CENTURY SCHOOLS
SEC. 401. 21ST CENTURY SCHOOLS.

Title IV (20 U.S.C. 7101 et seq.) is amended to read as follows:

‘‘TITLE IV—21ST CENTURY SCHOOLS
Safe and DrugFree Schools and
Communities
Act.
Grants.
20 USC 7101.

20 USC 7102.

‘‘PART A—SAFE AND DRUG-FREE SCHOOLS
AND COMMUNITIES
‘‘SEC. 4001. SHORT TITLE.

‘‘This part may be cited as the ‘Safe and Drug-Free Schools
and Communities Act’.
‘‘SEC. 4002. PURPOSE.

‘‘The purpose of this part is to support programs that prevent
violence in and around schools; that prevent the illegal use of
alcohol, tobacco, and drugs; that involve parents and communities;
and that are coordinated with related Federal, State, school, and
community efforts and resources to foster a safe and drug-free
learning environment that supports student academic achievement,
through the provision of Federal assistance to—
‘‘(1) States for grants to local educational agencies and
consortia of such agencies to establish, operate, and improve
local programs of school drug and violence prevention and
early intervention;
‘‘(2) States for grants to, and contracts with, communitybased organizations and public and private entities for programs of drug and violence prevention and early intervention,
including community-wide drug and violence prevention planning and organizing activities;
‘‘(3) States for development, training, technical assistance,
and coordination activities; and
‘‘(4) public and private entities to provide technical assistance; conduct training, demonstrations, and evaluation; and
to provide supplementary services and community-wide drug
and violence prevention planning and organizing activities for
the prevention of drug use and violence among students and
youth.
20 USC 7103.

‘‘SEC. 4003. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated—
‘‘(1) $650,000,000 for fiscal year 2002, and such sums as
may be necessary for each of the 5 succeeding fiscal years,
for State grants under subpart 1; and

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‘‘(2) such sums for fiscal year 2002, and for each of the
5 succeeding fiscal years, for national programs under subpart
2.

‘‘Subpart 1—State Grants
‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS.

20 USC 7111.

‘‘(a) RESERVATIONS.—
‘‘(1) IN GENERAL.—From the amount made available under
section 4003(1) to carry out this subpart for each fiscal year,
the Secretary—
‘‘(A) shall reserve 1 percent or $4,750,000 (whichever
is greater) of such amount for grants to Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted
in accordance with the Secretary’s determination of their
respective needs and to carry out programs described in
this subpart;
‘‘(B) shall reserve 1 percent or $4,750,000 (whichever
is greater) of such amount for the Secretary of the Interior
to carry out programs described in this subpart for Indian
youth; and
‘‘(C) shall reserve 0.2 percent of such amount for Native
Hawaiians to be used under section 4117 to carry out
programs described in this subpart.
‘‘(2) OTHER RESERVATIONS.—From the amount made available under section 4003(2) to carry out subpart 2 for each
fiscal year, the Secretary—
‘‘(A) may reserve not more than $2,000,000 for the
national impact evaluation required by section 4122(a);
‘‘(B) notwithstanding section 3 of the No Child Left
Behind Act of 2001, shall reserve an amount necessary
to make continuation grants to grantees under the Safe
Schools/Healthy Students initiative (under the same terms
and conditions as provided for in the grants involved).
‘‘(b) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary shall, for each fiscal year, allot among the
States—
‘‘(A) one-half of the remainder not reserved under subsection (a) according to the ratio between the school-aged
population of each State and the school-aged population
of all the States; and
‘‘(B) one-half of such remainder according to the ratio
between the amount each State received under section
1124A for the preceding year and the sum of such amounts
received by all the States.
‘‘(2) MINIMUM.—For any fiscal year, no State shall be
allotted under this subsection an amount that is less than
the greater of—
‘‘(A) one-half of 1 percent of the total amount allotted
to all the States under this subsection; or
‘‘(B) the amount such State received for fiscal year
2001 under section 4111 as such section was in effect
the day preceding the date of enactment of the No Child
Left Behind Act of 2001.
‘‘(3) REALLOTMENT.—

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‘‘(A) REALLOTMENT FOR FAILURE TO APPLY.—If any
State does not apply for an allotment under this subpart
for a fiscal year, the Secretary shall reallot the amount
of the State’s allotment to the remaining States in accordance with this section.
‘‘(B) REALLOTMENT OF UNUSED FUNDS.—The Secretary
may reallot any amount of any allotment to a State if
the Secretary determines that the State will be unable
to use such amount within 2 years of such allotment.
Such reallotments shall be made on the same basis as
allotments are made under paragraph (1).
‘‘(4) DEFINITION.—In this section the term ‘State’ means
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
‘‘(c) LIMITATION.—Amounts appropriated under section 4003(2)
for a fiscal year may not be increased above the amounts appropriated under such section for the previous fiscal year unless the
amounts appropriated under section 4003(1) for the fiscal year
involved are at least 10 percent greater that the amounts appropriated under such section 4003(1) for the previous fiscal year.
20 USC 7112.

‘‘SEC. 4112. RESERVATION OF STATE FUNDS FOR SAFE AND DRUGFREE SCHOOLS.

‘‘(a) STATE RESERVATION FOR THE CHIEF EXECUTIVE OFFICER
STATE.—
‘‘(1) IN GENERAL.—The chief executive officer of a State
may reserve not more than 20 percent of the total amount
allocated to a State under section 4111(b) for each fiscal year
to award competitive grants and contracts to local educational
agencies, community-based organizations (including community
anti-drug coalitions) other public entities and private organizations, and consortia thereof. Such grants and contracts shall
be used to carry out the comprehensive State plan described
in section 4113(a) through programs or activities that complement and support activities of local educational agencies
described in section 4115(b). Such officer shall award grants
based on—
‘‘(A) the quality of the program or activity proposed;
and
‘‘(B) how the program or activity meets the principles
of effectiveness described in section 4115(a).
‘‘(2) PRIORITY.—In making such grants and contracts under
this section, a chief executive officer shall give priority to programs and activities that prevent illegal drug use and violence
for—
‘‘(A) children and youth who are not normally served
by State educational agencies or local educational agencies;
or
‘‘(B) populations that need special services or additional
resources (such as youth in juvenile detention facilities,
runaway or homeless children and youth, pregnant and
parenting teenagers, and school dropouts).
‘‘(3) SPECIAL CONSIDERATION.—In awarding funds under
paragraph (1), a chief executive officer shall give special consideration to grantees that pursue a comprehensive approach to

OF A

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drug and violence prevention that includes providing and incorporating mental health services related to drug and violence
prevention in their program.
‘‘(4) PEER REVIEW.—Grants or contracts awarded under
this section shall be subject to a peer review process.
‘‘(5) USE OF FUNDS.—Grants and contracts under this section shall be used to implement drug and violence prevention
activities, including—
‘‘(A) activities that complement and support local educational agency activities under section 4115, including
developing and implementing activities to prevent and
reduce violence associated with prejudice and intolerance;
‘‘(B) dissemination of information about drug and
violence prevention; and
‘‘(C) development and implementation of communitywide drug and violence prevention planning and organizing.
‘‘(6) ADMINISTRATIVE COSTS.—The chief executive officer of
a State may use not more than 3 percent of the amount
described in paragraph (1) for the administrative costs incurred
in carrying out the duties of such officer under this section.
‘‘(b) IN STATE DISTRIBUTION.—
‘‘(1) IN GENERAL.—A State educational agency shall distribute not less than 93 percent of the amount made available
to the State under section 4111(b), less the amount reserved
under subsection (a) of this section, to its local educational
agencies.
‘‘(2) STATE ADMINISTRATION COSTS.—
‘‘(A) IN GENERAL.—A State educational agency may
use not more than 3 percent of the amount made available
to the State under section 4111(b) for each fiscal year
less the amount reserved under subsection (a) of this section, for State educational agency administrative costs,
including the implementation of the uniform management
information and reporting system as provided for under
subsection (c)(3).
‘‘(B) ADDITIONAL AMOUNTS FOR THE UNIFORM MANAGEMENT INFORMATION SYSTEM.—In the case of fiscal year
2002, a State educational agency may, in addition to
amounts provided for in subparagraph (A), use 1 percent
of the amount made available to the State educational
agency under section 4111(b) for each fiscal year less the
amount reserved under subsection (a) of this section, for
implementation of the uniform management information
and reporting system as provided for under subsection
(c)(3).
‘‘(c) STATE ACTIVITIES.—
‘‘(1) IN GENERAL.—A State educational agency may use
not more than 5 percent of the amount made available to
the State under section 4111(b) for each fiscal year less the
amount reserved under subsection (a) of this section, for activities described in this subsection.
‘‘(2) ACTIVITIES.—A State educational agency shall use the
amounts described in paragraph (1), either directly, or through
grants and contracts, to plan, develop, and implement capacity
building, technical assistance and training, evaluation, program

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improvement services, and coordination activities for local educational agencies, community-based organizations, and other
public and private entities. Such uses—
‘‘(A) shall meet the principles of effectiveness described
in section 4115(a);
‘‘(B) shall complement and support local uses of funds
under section 4115(b);
‘‘(C) shall be in accordance with the purposes of this
part; and
‘‘(D) may include, among others activities—
‘‘(i) identification, development, evaluation, and
dissemination of drug and violence prevention strategies, programs, activities, and other information;
‘‘(ii) training, technical assistance, and demonstration projects to address violence that is associated with
prejudice and intolerance; and
‘‘(iii) financial assistance to enhance drug and
violence prevention resources available in areas that
serve large numbers of low-income children, are
sparsely populated, or have other special needs.
‘‘(3) UNIFORM MANAGEMENT INFORMATION AND REPORTING
SYSTEM.—
‘‘(A) INFORMATION AND STATISTICS.—A State shall
establish a uniform management information and reporting
system.
‘‘(B) USES OF FUNDS.—A State may use funds described
in subparagraphs (A) and (B) of subsection (b)(2), either
directly or through grants and contracts, to implement
the uniform management information and reporting system
described in subparagraph (A), for the collection of information on—
‘‘(i) truancy rates;
‘‘(ii) the frequency, seriousness, and incidence of
violence and drug-related offenses resulting in suspensions and expulsions in elementary schools and secondary schools in the State;
‘‘(iii) the types of curricula, programs, and services
provided by the chief executive officer, the State educational agency, local educational agencies, and other
recipients of funds under this subpart; and
‘‘(iv) the incidence and prevalence, age of onset,
perception of health risk, and perception of social disapproval of drug use and violence by youth in schools
and communities.
‘‘(C) COMPILATION OF STATISTICS.—In compiling the
statistics required for the uniform management information
and reporting system, the offenses described in subparagraph (B)(ii) shall be defined pursuant to the State’s
criminal code, but shall not identify victims of crimes or
persons accused of crimes. The collected data shall include
incident reports by school officials, anonymous student surveys, and anonymous teacher surveys.
‘‘(D) REPORTING.—The information described under
subparagraph (B) shall be reported to the public and the
data referenced in clauses (i) and (ii) of such subparagraph
shall be reported to the State on a school-by-school basis.

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115 STAT. 1739

‘‘(E) LIMITATION.—Nothing in this subsection shall be
construed to authorize the Secretary to require particular
policies, procedures, or practices with respect to crimes
committed on school property or school security.
‘‘SEC. 4113. STATE APPLICATION.

20 USC 7113.

‘‘(a) IN GENERAL.—In order to receive an allotment under section 4111(b) for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application
that—
‘‘(1) contains a comprehensive plan for the use of funds
by the State educational agency and the chief executive officer
of the State to provide safe, orderly, and drug-free schools
and communities through programs and activities that complement and support activities of local educational agencies
under section 4115(b), that comply with the principles of
effectiveness under section 4115(a), and that otherwise are
in accordance with the purpose of this part;
‘‘(2) describes how activities funded under this subpart
will foster a safe and drug-free learning environment that supports academic achievement;
‘‘(3) provides an assurance that the application was developed in consultation and coordination with appropriate State
officials and others, including the chief executive officer, the
chief State school officer, the head of the State alcohol and
drug abuse agency, the heads of the State health and mental
health agencies, the head of the State criminal justice planning
agency, the head of the State child welfare agency, the head
of the State board of education, or their designees, and representatives of parents, students, and community-based
organizations;
‘‘(4) describes how the State educational agency will coordinate such agency’s activities under this subpart with the chief
executive officer’s drug and violence prevention programs under
this subpart and with the prevention efforts of other State
agencies and other programs, as appropriate, in accordance
with the provisions in section 9306;
‘‘(5) provides an assurance that funds reserved under section 4112(a) will not duplicate the efforts of the State educational agency and local educational agencies with regard
to the provision of school-based drug and violence prevention
activities and that those funds will be used to serve populations
not normally served by the State educational agencies and
local educational agencies and populations that need special
services, such as school dropouts, suspended and expelled students, youth in detention centers, runaway or homeless children
and youth, and pregnant and parenting youth;
‘‘(6) provides an assurance that the State will cooperate
with, and assist, the Secretary in conducting data collection
as required by section 4122;
‘‘(7) provides an assurance that the local educational agencies in the State will comply with the provisions of section
9501 pertaining to the participation of private school children
and teachers in the programs and activities under this subpart;
‘‘(8) provides an assurance that funds under this subpart
will be used to increase the level of State, local, and other
non-Federal funds that would, in the absence of funds under

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PUBLIC LAW 107–110—JAN. 8, 2002
this subpart, be made available for programs and activities
authorized under this subpart, and in no case supplant such
State, local, and other non-Federal funds;
‘‘(9) contains the results of a needs assessment conducted
by the State for drug and violence prevention programs, which
shall be based on ongoing State evaluation activities, including
data on—
‘‘(A) the incidence and prevalence of illegal drug use
and violence among youth in schools and communities,
including the age of onset, the perception of health risks,
and the perception of social disapproval among such youth;
‘‘(B) the prevalence of risk factors, including high or
increasing rates of reported cases of child abuse or domestic
violence;
‘‘(C) the prevalence of protective factors, buffers, or
assets; and
‘‘(D) other variables in the school and community
identified through scientifically based research;
‘‘(10) provides a statement of the State’s performance measures for drug and violence prevention programs and activities
to be funded under this subpart that will be focused on student
behavior and attitudes, derived from the needs assessment
described in paragraph (9), and be developed in consultation
between the State and local officials, and that consist of—
‘‘(A) performance indicators for drug and violence
prevention programs and activities; and
‘‘(B) levels of performance for each performance indicator;
‘‘(11) describes the procedures the State will use for
assessing and publicly reporting progress toward meeting the
performance measures described in paragraph (10);
‘‘(12) provides an assurance that the State application will
be available for public review after submission of the application;
‘‘(13) describes the special outreach activities that will be
carried out by the State educational agency and the chief executive officer of the State to maximize the participation of community-based organizations of demonstrated effectiveness that provide services such as mentoring programs in low-income
communities;
‘‘(14) describes how funds will be used by the State educational agency and the chief executive officer of the State
to support, develop, and implement community-wide comprehensive drug and violence prevention planning and organizing activities;
‘‘(15) describes how input from parents will be sought
regarding the use of funds by the State educational agency
and the chief executive officer of the State;
‘‘(16) describes how the State educational agency will
review applications from local educational agencies, including
how the agency will receive input from parents in such review;
‘‘(17) describes how the State educational agency will monitor the implementation of activities under this subpart, and
provide technical assistance for local educational agencies,
community-based organizations, other public entities, and private organizations;

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115 STAT. 1741

‘‘(18) describes how the chief executive officer of the State
will award funds under section 4112(a) and implement a plan
for monitoring the performance of, and providing technical
assistance to, recipients of such funds; and
‘‘(19) includes any other information the Secretary may
require.
‘‘(b) INTERIM APPLICATION.—
‘‘(1) AUTHORITY.—Notwithstanding any other provision of
this section, a State may submit for fiscal year 2002 a 1year interim application and plan for the use of funds under
this subpart that is consistent with the requirements of this
section and contains such information as the Secretary may
specify in regulations.
‘‘(2) PURPOSE.—The purpose of such interim application
and plan shall be to afford the State the opportunity to fully
develop and review such State’s application and comprehensive
plan otherwise required by this section.
‘‘(3) EXCEPTION.—A State may not receive a grant under
this subpart for a fiscal year after fiscal year 2002 unless
the Secretary has approved such State’s application and comprehensive plan as described in subsection (a).
‘‘(c) APPROVAL PROCESS.—
‘‘(1) DEEMED APPROVAL.—An application submitted by a
State pursuant to this section shall undergo peer review by
the Secretary and shall be deemed to be approved by the
Secretary unless the Secretary makes a written determination,
prior to the expiration of the 120-day period beginning on
the date on which the Secretary received the application, that
the application is not in compliance with this subpart.
‘‘(2) DISAPPROVAL.—The Secretary shall not finally disapprove the application, except after giving the State educational agency and the chief executive officer of the State
notice and an opportunity for a hearing.
‘‘(3) NOTIFICATION.—If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart,
the Secretary shall—
‘‘(A) give the State educational agency and the chief
executive officer of the State notice and an opportunity
for a hearing; and
‘‘(B) notify the State educational agency and the chief
executive officer of the State of the finding of noncompliance, and in such notification, shall—
‘‘(i) cite the specific provisions in the application
that are not in compliance; and
‘‘(ii) request additional information, only as to the
noncompliant provisions, needed to make the application compliant.
‘‘(4) RESPONSE.—If the State educational agency and the
chief executive officer of the State respond to the Secretary’s
notification described in paragraph (3)(B) during the 45-day
period beginning on the date on which the agency received
the notification, and resubmit the application with the
requested information described in paragraph (3)(B)(ii), the Secretary shall approve or disapprove such application prior to
the later of—
‘‘(A) the expiration of the 45-day period beginning on
the date on which the application is resubmitted; or

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(B) the expiration of the 120-day period described
in paragraph (1).
‘‘(5) FAILURE TO RESPOND.—If the State educational agency
and the chief executive officer of the State do not respond
to the Secretary’s notification described in paragraph (3)(B)
during the 45-day period beginning on the date on which the
agency received the notification, such application shall be
deemed to be disapproved.

20 USC 7114.

‘‘SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM.

‘‘(a) IN GENERAL.—
‘‘(1) FUNDS TO LOCAL EDUCATIONAL AGENCIES.—A State
shall provide the amount made available to the State under
this subpart, less the amounts reserved under section 4112
to local educational agencies for drug and violence prevention
and education programs and activities as follows:
‘‘(A) 60 percent of such amount based on the relative
amount such agencies received under part A of title I
for the preceding fiscal year.
‘‘(B) 40 percent of such amount based on the relative
enrollments in public and private nonprofit elementary
schools and secondary schools within the boundaries of
such agencies.
‘‘(2) ADMINISTRATIVE COSTS.—Of the amount received under
paragraph (1), a local educational agency may use not more
than 2 percent for the administrative costs of carrying out
its responsibilities under this subpart.
‘‘(3) RETURN OF FUNDS TO STATE; REALLOCATION.—
‘‘(A) RETURN.—Except as provided in subparagraph (B),
upon the expiration of the 1-year period beginning on the
date on which a local educational agency receives its allocation under this subpart—
‘‘(i) such agency shall return to the State educational agency any funds from such allocation that
remain unobligated; and
‘‘(ii) the State educational agency shall reallocate
any such amount to local educational agencies that
have submitted plans for using such amount for programs or activities on a timely basis.
‘‘(B) CARRYOVER.—In any fiscal year, a local educational agency, may retain for obligation in the succeeding
fiscal year—
‘‘(i) an amount equal to not more than 25 percent
of the allocation it received under this subpart for
such fiscal year; or
‘‘(ii) upon a demonstration of good cause by such
agency and approval by the State educational agency,
an amount that exceeds 25 percent of such allocation.
‘‘(C) REALLOCATION.—If a local educational agency
chooses not to apply to receive the amount allocated to
such agency under this subsection, or if such agency’s
application under subsection (d) is disapproved by the State
educational agency, the State educational agency shall
reallocate such amount to one or more of its other local
educational agencies.
‘‘(b) ELIGIBILITY.—To be eligible to receive a subgrant under
this subpart, a local educational agency desiring a subgrant shall

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submit an application to the State educational agency in accordance
with subsection (d). Such an application shall be amended, as
necessary, to reflect changesin the activities and programs of the
local educational agency.
‘‘(c) DEVELOPMENT.—
‘‘(1) CONSULTATION.—
‘‘(A) IN GENERAL.—A local educational agency shall
develop its application through timely and meaningful consultation with State and local government representatives,
representatives of schools to be served (including private
schools), teachers and other staff, parents, students,
community-based organizations, and others with relevant
and demonstrated expertise in drug and violence prevention activities (such as medical, mental health, and law
enforcement professionals).
‘‘(B) CONTINUED CONSULTATION.—On an ongoing basis,
the local educational agency shall consult with such representatives and organizations in order to seek advice
regarding how best to coordinate such agency’s activities
under this subpart with other related strategies, programs,
and activities being conducted in the community.
‘‘(2) DESIGN AND DEVELOPMENT.—To ensure timely and
meaningful consultation under paragraph (1), a local educational agency at the initial stages of design and development
of a program or activity shall consult, in accordance with this
subsection, with appropriate entities and persons on issues
regarding the design and development of the program or
activity, including efforts to meet the principles of effectiveness
described in section 4115(a).
‘‘(d) CONTENTS OF APPLICATIONS.—An application submitted by
a local educational agency under this section shall contain—
‘‘(1) an assurance that the activities or programs to be
funded comply with the principles of effectiveness described
in section 4115(a) and foster a safe and drug-free learning
environment that supports academic achievement;
‘‘(2) a detailed explanation of the local educational agency’s
comprehensive plan for drug and violence prevention, including
a description of—
‘‘(A) how the plan will be coordinated with programs
under this Act, and other Federal, State, and local programs for drug and violence prevention, in accordance with
section 9306;
‘‘(B) the local educational agency’s performance measures for drug and violence prevention programs and activities, that shall consist of—
‘‘(i) performance indicators for drug and violence
prevention programs and activities; including—
‘‘(I) specific reductions in the prevalence of
identified risk factors; and
‘‘(II) specific increases in the prevalence of
protective factors, buffers, or assets if any have
been identified; and
‘‘(ii) levels of performance for each performance
indicator;
‘‘(C) how such agency will assess and publicly report
progress toward attaining its performance measures;

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115 STAT. 1744

PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(D) the drug and violence prevention activity or program to be funded, including how the activity or program
will meet the principles of effectiveness described in section
4115(a), and the means of evaluating such activity or program; and
‘‘(E) how the services will be targeted to schools and
students with the greatest need;
‘‘(3) a description for how the results of the evaluations
of the effectiveness of the program will be used to refine,
improve, and strengthen the program;
‘‘(4) an assurance that funds under this subpart will be
used to increase the level of State, local, and other non-Federal
funds that would, in the absence of funds under this subpart,
be made available for programs and activities authorized under
this subpart, and in no case supplant such State, local, and
other non-Federal funds;
‘‘(5) a description of the mechanisms used to provide effective notice to the community of an intention to submit an
application under this subpart;
‘‘(6) an assurance that drug and violence prevention programs supported under this subpart convey a clear and consistent message that acts of violence and the illegal use of
drugs are wrong and harmful;
‘‘(7) an assurance that the applicant has, or the schools
to be served have, a plan for keeping schools safe and drugfree that includes—
‘‘(A) appropriate and effective school discipline policies
that prohibit disorderly conduct, the illegal possession of
weapons, and the illegal use, possession, distribution, and
sale of tobacco, alcohol, and other drugs by students;
‘‘(B) security procedures at school and while students
are on the way to and from school;
‘‘(C) prevention activities that are designed to create
and maintain safe, disciplined, and drug-free environments;
‘‘(D) a crisis management plan for responding to violent
or traumatic incidents on school grounds; and
‘‘(E) a code of conduct policy for all students that
clearly states the responsibilities of students, teachers, and
administrators in maintaining a classroom environment
that—
‘‘(i) allows a teacher to communicate effectively
with all students in the class;
‘‘(ii) allows all students in the class to learn;
‘‘(iii) has consequences that are fair, and developmentally appropriate;
‘‘(iv) considers the student and the circumstances
of the situation; and
‘‘(v) is enforced accordingly;
‘‘(8) an assurance that the application and any waiver
request under section 4115(a)(3) will be available for public
review after submission of the application; and
‘‘(9) such other assurances, goals, and objectives identified
through scientifically based research that the State may reasonably require in accordance with the purpose of this part.
‘‘(e) REVIEW OF APPLICATION.—
‘‘(1) IN GENERAL.—In reviewing local applications under
this section, a State educational agency shall use a peer review

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process or other methods of assuring the quality of such applications.
‘‘(2) CONSIDERATIONS.—In determining whether to approve
the application of a local educational agency under this section,
a State educational agency shall consider the quality of application and the extent to which the application meets the principles of effectiveness described in section 4115(a).
‘‘(f) APPROVAL PROCESS.—
‘‘(1) DEEMED APPROVAL.—An application submitted by a
local educational agency pursuant to this section shall be
deemed to be approved by the State educational agency unless
the State educational agency makes a written determination,
prior to the expiration of the 120-day period beginning on
the date on which the State educational agency received the
application, that the application is not in compliance with this
subpart.
‘‘(2) DISAPPROVAL.—The State educational agency shall not
finally disapprove the application, except after giving the local
educational agency notice and opportunity for a hearing.
‘‘(3) NOTIFICATION.—If the State educational agency finds
that the application is not in compliance, in whole or in part,
with this subpart, the State educational agency shall—
‘‘(A) give the local educational agency notice and an
opportunity for a hearing; and
‘‘(B) notify the local educational agency of the finding
of noncompliance, and in such notification, shall—
‘‘(i) cite the specific provisions in the application
that are not in compliance; and
‘‘(ii) request additional information, only as to the
noncompliant provisions, needed to make the application compliant.
‘‘(4) RESPONSE.—If the local educational agency responds
to the State educational agency’s notification described in paragraph (3)(B) during the 45-day period beginning on the date
on which the agency received the notification, and resubmits
the application with the requested information described in
paragraph (3)(B)(ii), the State educational agency shall approve
or disapprove such application prior to the later of—
‘‘(A) the expiration of the 45-day period beginning on
the date on which the application is resubmitted; or
‘‘(B) the expiration of the 120-day period described
in paragraph (1).
‘‘(5) FAILURE TO RESPOND.—If the local educational agency
does not respond to the State educational agency’s notification
described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification,
such application shall be deemed to be disapproved.
‘‘SEC. 4115. AUTHORIZED ACTIVITIES.

20 USC 7115.

‘‘(a) PRINCIPLES OF EFFECTIVENESS.—
‘‘(1) IN GENERAL.—For a program or activity developed
pursuant to this subpart to meet the principles of effectiveness,
such program or activity shall—
‘‘(A) be based on an assessment of objective data
regarding the incidence of violence and illegal drug use
in the elementary schools and secondary schools and
communities to be served, including an objective analysis

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115 STAT. 1746

of the current conditions and consequences regarding
violence and illegal drug use, including delinquency and
serious discipline problems, among students who attend
such schools (including private school students who participate in the drug and violence prevention program) that
is based on ongoing local assessment or evaluation activities;
‘‘(B) be based on an established set of performance
measures aimed at ensuring that the elementary schools
and secondary schools and communities to be served by
the program have a safe, orderly, and drug-free learning
environment;
‘‘(C) be based on scientifically based research that provides evidence that the program to be used will reduce
violence and illegal drug use;
‘‘(D) be based on an analysis of the data reasonably
available at the time, of the prevalence of risk factors,
including high or increasing rates of reported cases of child
abuse and domestic violence; protective factors, buffers,
assets; or other variables in schools and communities in
the State identified through scientifically based research;
and
‘‘(E) include meaningful and ongoing consultation with
and input from parents in the development of the application and administration of the program or activity.
‘‘(2) PERIODIC EVALUATION.—
‘‘(A) REQUIREMENT.—The program or activity shall
undergo a periodic evaluation to assess its progress toward
reducing violence and illegal drug use in schools to be
served based on performance measures described in section
4114(d)(2)(B).
‘‘(B) USE OF RESULTS.—The results shall be used to
refine, improve, and strengthen the program, and to refine
the performance measures, and shall also be made available to the public upon request, with public notice of such
availability provided.
‘‘(3) WAIVER.—A local educational agency may apply to
the State for a waiver of the requirement of subsection (a)(1)(C)
to allow innovative activities or programs that demonstrate
substantial likelihood of success.
‘‘(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES.—
‘‘(1) PROGRAM REQUIREMENTS.—A local educational agency
shall use funds made available under section 4114 to develop,
implement, and evaluate comprehensive programs and activities, which are coordinated with other school and communitybased services and programs, that shall—
‘‘(A) foster a safe and drug-free learning environment
that supports academic achievement;
‘‘(B) be consistent with the principles of effectiveness
described in subsection (a)(1);
‘‘(C) be designed to—
‘‘(i) prevent or reduce violence; the use, possession
and distribution of illegal drugs; and delinquency; and
‘‘(ii) create a well disciplined environment conducive to learning, which includes consultation between
teachers, principals, and other school personnel to identify early warning signs of drug use and violence and

Public
information.

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to provide behavioral interventions as part of classroom
management efforts; and
‘‘(D) include activities to—
‘‘(i) promote the involvement of parents in the
activity or program;
‘‘(ii) promote coordination with community groups
and coalitions, and government agencies; and
‘‘(iii) distribute information about the local educational agency’s needs, goals, and programs under
this subpart.
‘‘(2) AUTHORIZED ACTIVITIES.—Each local educational
agency, or consortium of such agencies, that receives a subgrant
under this subpart may use such funds to carry out activities
that comply with the principles of effectiveness described in
subsection (a), such as the following:
‘‘(A) Age appropriate and developmentally based activities that—
‘‘(i) address the consequences of violence and the
illegal use of drugs, as appropriate;
‘‘(ii) promote a sense of individual responsibility;
‘‘(iii) teach students that most people do not illegally use drugs;
‘‘(iv) teach students to recognize social and peer
pressure to use drugs illegally and the skills for
resisting illegal drug use;
‘‘(v) teach students about the dangers of emerging
drugs;
‘‘(vi) engage students in the learning process; and
‘‘(vii) incorporate activities in secondary schools
that reinforce prevention activities implemented in
elementary schools.
‘‘(B) Activities that involve families, community sectors
(which may include appropriately trained seniors), and a
variety of drug and violence prevention providers in setting
clear expectations against violence and illegal use of drugs
and appropriate consequences for violence and illegal use
of drugs.
‘‘(C) Dissemination of drug and violence prevention
information to schools and the community.
‘‘(D) Professional development and training for, and
involvement of, school personnel, pupil services personnel,
parents, and interested community members in prevention,
education, early identification and intervention, mentoring,
or rehabilitation referral, as related to drug and violence
prevention.
‘‘(E) Drug and violence prevention activities that may
include the following:
‘‘(i) Community-wide planning and organizing
activities to reduce violence and illegal drug use, which
may include gang activity prevention.
‘‘(ii) Acquiring and installing metal detectors, electronic locks, surveillance cameras, or other related
equipment and technologies.
‘‘(iii) Reporting criminal offenses committed on
school property.
‘‘(iv) Developing and implementing comprehensive
school security plans or obtaining technical assistance

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concerning such plans, which may include obtaining
a security assessment or assistance from the School
Security and Technology Resource Center at the Sandia
National Laboratory located in Albuquerque, New
Mexico.
‘‘(v) Supporting safe zones of passage activities
that ensure that students travel safely to and from
school, which may include bicycle and pedestrian safety
programs.
‘‘(vi) The hiring and mandatory training, based
on scientific research, of school security personnel
(including school resource officers) who interact with
students in support of youth drug and violence prevention activities under this part that are implemented
in the school.
‘‘(vii) Expanded and improved school-based mental
health services related to illegal drug use and violence,
including early identification of violence and illegal
drug use, assessment, and direct or group counseling
services provided to students, parents, families, and
school personnel by qualified school-based mental
health service providers.
‘‘(viii) Conflict resolution programs, including peer
mediation programs that educate and train peer mediators and a designated faculty supervisor, and youth
anti-crime and anti-drug councils and activities.
‘‘(ix) Alternative education programs or services
for violent or drug abusing students that reduce the
need for suspension or expulsion or that serve students
who have been suspended or expelled from the regular
educational settings, including programs or services
to assist students to make continued progress toward
meeting the State academic achievement standards
and to reenter the regular education setting.
‘‘(x) Counseling, mentoring, referral services, and
other student assistance practices and programs,
including assistance provided by qualified school-based
mental health services providers and the training of
teachers by school-based mental health services providers in appropriate identification and intervention
techniques for students at risk of violent behavior and
illegal use of drugs.
‘‘(xi) Programs that encourage students to seek
advice from, and to confide in, a trusted adult
regarding concerns about violence and illegal drug use.
‘‘(xii) Drug and violence prevention activities
designed to reduce truancy.
‘‘(xiii) Age-appropriate, developmentally-based
violence prevention and education programs that
address victimization associated with prejudice and
intolerance, and that include activities designed to help
students develop a sense of individual responsibility
and respect for the rights of others, and to resolve
conflicts without violence.
‘‘(xiv) Consistent with the fourth amendment to
the Constitution of the United States, the testing of
a student for illegal drug use or the inspecting of

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a student’s locker for weapons or illegal drugs or drug
paraphernalia, including at the request of or with the
consent of a parent or legal guardian of the student,
if the local educational agency elects to so test or
inspect.
‘‘(xv) Emergency intervention services following
traumatic crisis events, such as a shooting, major
accident, or a drug-related incident that have disrupted
the learning environment.
‘‘(xvi) Establishing or implementing a system for
transferring suspension and expulsion records, consistent with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g), by a local educational
agency to any public or private elementary school or
secondary school.
‘‘(xvii) Developing and implementing character
education programs, as a component of drug and
violence prevention programs, that take into account
the views of parents of the students for whom the
program is intended and such students, such as a
program described in subpart 3 of part D of title V.
‘‘(xviii) Establishing and maintaining a school
safety hotline.
‘‘(xix) Community service, including community
service performed by expelled students, and servicelearning projects.
‘‘(xx) Conducting a nationwide background check
of each local educational agency employee, regardless
of when hired, and prospective employees for the purpose of determining whether the employee or prospective employee has been convicted of a crime that bears
upon the employee’s fitness—
‘‘(I) to be responsible for the safety or wellbeing of children;
‘‘(II) to serve in the particular capacity in
which the employee or prospective employee is
or will be employed; or
‘‘(III) to otherwise be employed by the local
educational agency.
‘‘(xxi) Programs to train school personnel to identify warning signs of youth suicide and to create an
action plan to help youth at risk of suicide.
‘‘(xxii) Programs that respond to the needs of students who are faced with domestic violence or child
abuse.
‘‘(F) The evaluation of any of the activities authorized
under this subsection and the collection of objective data
used to assess program needs, program implementation,
or program success in achieving program goals and objectives.
‘‘(c) LIMITATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
not more than 40 percent of the funds available to a local
educational agency under this subpart may be used to carry
out the activities described in clauses (ii) through (vi) of subsection (b)(2)(E), of which not more than 50 percent of such

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amount may be used to carry out the activities described in
clauses (ii) through (v) of such subsection.
‘‘(2) EXCEPTION.—A local educational agency may use funds
under this subpart for activities described in clauses (ii) through
(v) of subsection (b)(2)(E) only if funding for these activities
is not received from other Federal agencies.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to prohibit the use of funds under this subpart by
any local educational agency or school for the establishment or
implementation of a school uniform policy if such policy is part
of the overall comprehensive drug and violence prevention plan
of the State involved and is supported by the State’s needs assessment and other scientifically based research information.
20 USC 7116.

‘‘SEC. 4116. REPORTING.

‘‘(a) STATE REPORT.—
‘‘(1) IN GENERAL.—By December 1, 2003, and every 2 years
thereafter, the chief executive officer of the State, in cooperation
with the State educational agency, shall submit to the Secretary
a report—
‘‘(A) on the implementation and outcomes of State programs under section 4112(a)(1) and section 4112(c) and
local educational agency programs under section 4115(b),
as well as an assessment of their effectiveness;
‘‘(B) on the State’s progress toward attaining its
performance measures for drug and violence prevention
under section 4113(a)(10); and
‘‘(C) on the State’s efforts to inform parents of, and
include parents in, violence and drug prevention efforts.
‘‘(2) SPECIAL RULE.—The report required by this subsection
shall be—
‘‘(A) in the form specified by the Secretary;
‘‘(B) based on the State’s ongoing evaluation activities,
and shall include data on the incidence and prevalence,
age of onset, perception of health risk, and perception of
social disapproval of drug use and violence by youth in
schools and communities; and
‘‘(C) made readily available to the public.
‘‘(b) LOCAL EDUCATIONAL AGENCY REPORT.—
‘‘(1) IN GENERAL.—Each local educational agency receiving
funds under this subpart shall submit to the State educational
agency such information that the State requires to complete
the State report required by subsection (a), including a description of how parents were informed of, and participated in,
violence and drug prevention efforts.
‘‘(2) AVAILABILITY.—Information under paragraph (1) shall
be made readily available to the public.
‘‘(3) PROVISION OF DOCUMENTATION.—Not later than
January 1 of each year that a State is required to report
under subsection (a), the Secretary shall provide to the State
educational agency all of the necessary documentation required
for compliance with this section.

Deadline.

Deadline.

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20 USC 7117.

‘‘SEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS.

Contracts.

‘‘(a) GENERAL AUTHORITY.—From the funds made available
pursuant to section 4111(a)(1)(C) to carry out this section, the
Secretary shall make grants to or enter into cooperative agreements
or contracts with organizations primarily serving and representing

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Native Hawaiians for the benefit of Native Hawaiians to plan,
conduct, and administer programs, or portions thereof, that are
authorized by and consistent with the provisions of this subpart.
‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the purposes of
this section, the term ‘Native Hawaiian’ means any individual any
of whose ancestors were natives, prior to 1778, of the area which
now comprises the State of Hawaii.

‘‘Subpart 2—National Programs
‘‘SEC. 4121. FEDERAL ACTIVITIES.

20 USC 7131.

‘‘(a) PROGRAM AUTHORIZED.—From funds made available to
carry out this subpart under section 4003(2), the Secretary, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy, and
the Attorney General, shall carry out programs to prevent the
illegal use of drugs and violence among, and promote safety and
discipline for, students. The Secretary shall carry out such programs
directly, or through grants, contracts, or cooperative agreements
with public and private entities and individuals, or through agreements with other Federal agencies, and shall coordinate such programs with other appropriate Federal activities. Such programs
may include—
‘‘(1) the development and demonstration of innovative
strategies for the training of school personnel, parents, and
members of the community for drug and violence prevention
activities based on State and local needs;
‘‘(2) the development, demonstration, scientifically based
evaluation, and dissemination of innovative and high quality
drug and violence prevention programs and activities, based
on State and local needs, which may include—
‘‘(A) alternative education models, either established
within a school or separate and apart from an existing
school, that are designed to promote drug and violence
prevention, reduce disruptive behavior, reduce the need
for repeat suspensions and expulsions, enable students to
meet challenging State academic standards, and enable
students to return to the regular classroom as soon as
possible;
‘‘(B) community service and service-learning projects,
designed to rebuild safe and healthy neighborhoods and
increase students’ sense of individual responsibility;
‘‘(C) video-based projects developed by noncommercial
telecommunications entities that provide young people with
models for conflict resolution and responsible decisionmaking; and
‘‘(D) child abuse education and prevention programs
for elementary and secondary students;
‘‘(3) the provision of information on drug abuse education
and prevention to the Secretary of Health and Human Services
for dissemination;
‘‘(4) the provision of information on violence prevention
and education and school safety to the Department of Justice
for dissemination;
‘‘(5) technical assistance to chief executive officers, State
agencies, local educational agencies, and other recipients of

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funding under this part to build capacity to develop and implement high-quality, effective drug and violence prevention programs consistent with the principles of effectiveness in section
4115(a);
‘‘(6) assistance to school systems that have particularly
severe drug and violence problems, including hiring drug
prevention and school safety coordinators, or assistance to support appropriate response efforts to crisis situations;
‘‘(7) the development of education and training programs,
curricula, instructional materials, and professional training and
development for preventing and reducing the incidence of
crimes and conflicts motivated by hate in localities most directly
affected by hate crimes;
‘‘(8) activities in communities designated as empowerment
zones or enterprise communities that will connect schools to
community-wide efforts to reduce drug and violence problems;
and
‘‘(9) other activities in accordance with the purpose of this
part, based on State and local needs.
‘‘(b) PEER REVIEW.—The Secretary shall use a peer review
process in reviewing applications for funds under this section.
20 USC 7132.

Deadline.

20 USC 7133.

‘‘SEC. 4122. IMPACT EVALUATION.

‘‘(a) BIENNIAL EVALUATION.—The Secretary, in consultation
with the Safe and Drug-Free Schools and Communities Advisory
Committee described in section 4124, shall conduct an independent
biennial evaluation of the impact of programs assisted under this
subpart and of other recent and new initiatives to combat violence
and illegal drug use in schools. The evaluation shall report on
whether community and local educational agency programs funded
under this subpart—
‘‘(1) comply with the principles of effectiveness described
in section 4115(a);
‘‘(2) have appreciably reduced the level of illegal drug,
alcohol, and tobacco use, and school violence and the illegal
presence of weapons at schools; and
‘‘(3) have conducted effective parent involvement and
training programs.
‘‘(b) DATA COLLECTION.—The National Center for Education
Statistics shall collect data, that is subject to independent review,
to determine the incidence and prevalence of illegal drug use and
violence in elementary schools and secondary schools in the States.
The collected data shall include incident reports by schools officials,
anonymous student surveys, and anonymous teacher surveys.
‘‘(c) BIENNIAL REPORT.—Not later than January 1, 2003, and
every 2 years thereafter, the Secretary shall submit to the President
and Congress a report on the findings of the evaluation conducted
under subsection (a) together with the data collected under subsection (b) and data available from other sources on the incidence
and prevalence, age of onset, perception of health risk, and perception of social disapproval of drug use and violence in elementary
schools and secondary schools in the States. The Secretary shall
include data submitted by the States pursuant to subsection
4116(a).
‘‘SEC. 4123. HATE CRIME PREVENTION.

‘‘(a) GRANT AUTHORIZATION.—From funds made available to
carry out this subpart under section 4003(2) the Secretary may

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make grants to local educational agencies and community-based
organizations for the purpose of providing assistance to localities
most directly affected by hate crimes.
‘‘(b) USE OF FUNDS.—
‘‘(1) PROGRAM DEVELOPMENT.—Grants under this section
may be used to improve elementary and secondary educational
efforts, including—
‘‘(A) development of education and training programs
designed to prevent and to reduce the incidence of crimes
and conflicts motivated by hate;
‘‘(B) development of curricula for the purpose of
improving conflict or dispute resolution skills of students,
teachers, and administrators;
‘‘(C) development and acquisition of equipment and
instructional materials to meet the needs of, or otherwise
be part of, hate crime or conflict programs; and
‘‘(D) professional training and development for teachers
and administrators on the causes, effects, and resolutions
of hate crimes or hate-based conflicts.
‘‘(2) APPLICATION.—In order to be eligible to receive a grant
under this section for any fiscal year, a local educational agency,
or a local educational agency in conjunction with a communitybased organization, shall submit an application to the Secretary
in such form and containing such information as the Secretary
may reasonably require.
‘‘(3) REQUIREMENTS.—Each application under paragraph (2)
shall include—
‘‘(A) a request for funds for the purpose described in
this section;
‘‘(B) a description of the schools and communities to
be served by the grants; and
‘‘(C) assurances that Federal funds received under this
section shall be used to supplement, and not supplant,
non-Federal funds.
‘‘(4) COMPREHENSIVE PLAN.—Each application shall include
a comprehensive plan that contains—
‘‘(A) a description of the hate crime or conflict problems
within the schools or the community targeted for assistance;
‘‘(B) a description of the program to be developed or
augmented by such Federal and matching funds;
‘‘(C) assurances that such program or activity shall
be administered by or under the supervision of the
applicant;
‘‘(D) procedures for the proper and efficient administration of such program; and
‘‘(E) fiscal control and fund accounting procedures as
may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under
this section.
‘‘(c) AWARD OF GRANTS.—
‘‘(1) SELECTION OF RECIPIENTS.—The Secretary shall consider the incidence of crimes and conflicts motivated by bias
in the targeted schools and communities in awarding grants
under this section.

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‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Secretary shall
attempt, to the extent practicable, to achieve an equitable
geographic distribution of grant awards.
‘‘(3) DISSEMINATION OF INFORMATION.—The Secretary shall
attempt, to the extent practicable, to make available information regarding successful hate crime prevention programs,
including programs established or expanded with grants under
this section.
‘‘(d) REPORTS.—The Secretary shall submit to Congress a report
every 2 years that shall contain a detailed statement regarding
grants and awards, activities of grant recipients, and an evaluation
of programs established under this section.
20 USC 7134.

‘‘SEC. 4124. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
ADVISORY COMMITTEE.

‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is hereby established an advisory
committee to be known as the ‘Safe and Drug Free Schools
and Communities Advisory Committee’ (referred to in this section as the ‘Advisory Committee’) to—
‘‘(A) consult with the Secretary under subsection (b);
‘‘(B) coordinate Federal school- and community-based
substance abuse and violence prevention programs and
reduce duplicative research or services;
‘‘(C) develop core data sets and evaluation protocols
for safe and drug-free school- and community-based programs;
‘‘(D) provide technical assistance and training for safe
and drug-free school- and community-based programs;
‘‘(E) provide for the diffusion of scientifically based
research to safe and drug-free school- and community-based
programs; and
‘‘(F) review other regulations and standards developed
under this title.
‘‘(2) COMPOSITION.—The Advisory Committee shall be composed of representatives from—
‘‘(A) the Department of Education;
‘‘(B) the Centers for Disease Control and Prevention;
‘‘(C) the National Institute on Drug Abuse;
‘‘(D) the National Institute on Alcoholism and Alcohol
Abuse;
‘‘(E) the Center for Substance Abuse Prevention;
‘‘(F) the Center for Mental Health Services;
‘‘(G) the Office of Juvenile Justice and Delinquency
Prevention;
‘‘(H) the Office of National Drug Control Policy;
‘‘(I) State and local governments, including education
agencies; and
‘‘(J) researchers and expert practitioners.
‘‘(3) CONSULTATION.—In carrying out its duties under this
section, the Advisory Committee shall annually consult with
interested State and local coordinators of school- and community-based substance abuse and violence prevention programs
and other interested groups.
‘‘(b) PROGRAMS.—
‘‘(1) IN GENERAL.—From amounts made available under
section 4003(2) to carry out this subpart, the Secretary, in

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consultation with the Advisory Committee, shall carry out scientifically based research programs to strengthen the accountability and effectiveness of the State, chief executive officer’s,
and national programs under this part.
‘‘(2) GRANTS, CONTRACTS OR COOPERATIVE AGREEMENTS.—
The Secretary shall carry out paragraph (1) directly or through
grants, contracts, or cooperative agreements with public and
private entities and individuals or through agreements with
other Federal agencies.
‘‘(3) COORDINATION.—The Secretary shall coordinate programs under this section with other appropriate Federal activities.
‘‘(4) ACTIVITIES.—Activities that may be carried out under
programs funded under this section may include—
‘‘(A) the provision of technical assistance and training,
in collaboration with other Federal agencies utilizing their
expertise and national and regional training systems, for
Governors, State educational agencies and local educational
agencies to support high quality, effective programs that—
‘‘(i) provide a thorough assessment of the substance
abuse and violence problem;
‘‘(ii) utilize objective data and the knowledge of
a wide range of community members;
‘‘(iii) develop measurable goals and objectives; and
‘‘(iv) implement scientifically based research activities that have been shown to be effective and that
meet identified needs;
‘‘(B) the provision of technical assistance and training
to foster program accountability;
‘‘(C) the diffusion and dissemination of best practices
and programs;
‘‘(D) the development of core data sets and evaluation
tools;
‘‘(E) program evaluations;
‘‘(F) the provision of information on drug abuse education and prevention to the Secretary of Health and
Human Services for dissemination by the clearinghouse
for alcohol and drug abuse information established under
section 501(d)(16) of the Public Health Service Act; and
‘‘(G) other activities that meet unmet needs related
to the purpose of this part and that are undertaken in
consultation with the Advisory Committee.
‘‘SEC. 4125. NATIONAL COORDINATOR PROGRAM.

20 USC 7135.

‘‘(a) IN GENERAL.—From funds made available to carry out
this subpart under section 4003(2), the Secretary may provide for
the establishment of a National Coordinator Program under which
the Secretary shall award grants to local educational agencies for
the hiring of drug prevention and school safety program coordinators.
‘‘(b) USE OF FUNDS.—Amounts received under a grant under
subsection (a) shall be used by local educational agencies to recruit,
hire, and train individuals to serve as drug prevention and school
safety program coordinators in schools with significant drug and
school safety problems. Such coordinators shall be responsible for
developing, conducting, and analyzing assessments of drug and

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crime problems at their schools, and administering the safe and
drug-free grant program at such schools.
20 USC 7136.

‘‘SEC. 4126. COMMUNITY SERVICE GRANT PROGRAM.

‘‘(a) IN GENERAL.—From funds made available to carry out
this subpart under section 4003(2), the Secretary may make grants
to States to carry out programs under which students expelled
or suspended from school are required to perform community
service.
‘‘(b) ALLOCATION.—From the amount described in subsection
(a), the Secretary shall allocate among the States—
‘‘(1) one-half according to the ratio between the schoolaged population of each State and the school-aged population
of all the States; and
‘‘(2) one-half according to the ratio between the amount
each State received under section 1124A for the preceding
year and the sum of such amounts received by all the States.
‘‘(c) MINIMUM.—For any fiscal year, no State shall be allotted
under this section an amount that is less than one-half of 1 percent
of the total amount allotted to all the States under this section.
‘‘(d) REALLOTMENT.—The Secretary may reallot any amount
of any allotment to a State if the Secretary determines that the
State will be unable to use such amount within 2 years of such
allotment. Such reallotments shall be made on the same basis
as allotments are made under subsection (b).
‘‘(e) DEFINITION.—In this section, the term ‘State’ means each
of the 50 States, the District of Columbia, and the Commonwealth
of Puerto Rico.
Establishment.
20 USC 7137.

Publication.
Reports.
20 USC 7138.

‘‘SEC. 4127. SCHOOL SECURITY TECHNOLOGY AND RESOURCE CENTER.

‘‘(a) CENTER.—From funds made available to carry out this
subpart under section 4003(2), the Secretary, the Attorney General,
and the Secretary of Energy may enter into an agreement for
the establishment at the Sandia National Laboratories, in partnership with the National Law Enforcement and Corrections Technology Center—Southeast and the National Center for Rural Law
Enforcement in Little Rock, Arkansas, of a center to be known
as the ‘School Security Technology and Resource Center’ (hereafter
in this section ‘the Center’).
‘‘(b) ADMINISTRATION.—The Center established under subsection
(a) shall be administered by the Attorney General.
‘‘(c) FUNCTIONS.—The center established under subsection (a)
shall be a resource to local educational agencies for school security
assessments, security technology development, evaluation and
implementation, and technical assistance relating to improving
school security. The Center will also conduct and publish school
violence research, coalesce data from victim communities, and monitor and report on schools that implement school security strategies.
‘‘SEC. 4128. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY.

‘‘(a) ESTABLISHMENT.—From funds made available to carry out
this subpart under section 4003(2), the Secretary of Education
and the Attorney General may jointly establish a National Center
for School and Youth Safety (in this section referred to as the
‘Center’). The Secretary of Education and the Attorney General
may establish the Center at an existing facility, if the facility
has a history of performing two or more of the duties described
in subsection (b). The Secretary of Education and the Attorney

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General shall jointly appoint a Director of the Center to oversee
the operation of the Center.
‘‘(b) DUTIES.—The Center shall carry out emergency response,
anonymous student hotline, consultation, and information and outreach activities with respect to elementary and secondary school
safety, including the following:
‘‘(1) EMERGENCY RESPONSE.—The staff of the Center, and
such temporary contract employees as the Director of the
Center shall determine necessary, shall offer emergency assistance to local communities to respond to school safety crises.
Such assistance shall include counseling for victims and the
community, assistance to law enforcement to address shortterm security concerns, and advice on how to enhance school
safety, prevent future incidents, and respond to future
incidents.
‘‘(2) ANONYMOUS STUDENT HOTLINE.—The Center shall
establish a toll-free telephone number for students to report
criminal activity, threats of criminal activity, and other highrisk behaviors such as substance abuse, gang or cult affiliation,
depression, or other warning signs of potentially violent
behavior. The Center shall relay the reports, without attribution, to local law enforcement or appropriate school hotlines.
The Director of the Center shall work with the Attorney General
to establish guidelines for Center staff to work with law enforcement around the Nation to relay information reported through
the hotline.
‘‘(3) CONSULTATION.—The Center shall establish a toll-free
number for the public to contact staff of the Center for consultation regarding school safety. The Director of the Center shall
hire administrative staff and individuals with expertise in
enhancing school safety, including individuals with backgrounds in counseling and psychology, education, law enforcement and criminal justice, and community development to
assist in the consultation.
‘‘(4) INFORMATION AND OUTREACH.—The Center shall compile information about the best practices in school violence
prevention, intervention, and crisis management, and shall
serve as a clearinghouse for model school safety program
information. The staff of the Center shall work to ensure local
governments, school officials, parents, students, and law
enforcement officials and agencies are aware of the resources,
grants, and expertise available to enhance school safety and
prevent school crime. The staff of the Center shall give special
attention to providing outreach to rural and impoverished
communities.
‘‘SEC. 4129. GRANTS TO REDUCE ALCOHOL ABUSE.

20 USC 7139.

‘‘(a) IN GENERAL.—The Secretary, in consultation with the
Administrator of the Substance Abuse and Mental Health Services
Administration, may award grants from funds made available to
carry out this subpart under section 4003(2), on a competitive
basis, to local educational agencies to enable such agencies to
develop and implement innovative and effective programs to reduce
alcohol abuse in secondary schools.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit
to the Secretary an application at such time, in such manner,

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Procedures.

20 USC 7140.

PUBLIC LAW 107–110—JAN. 8, 2002

and containing such information as the Secretary may require,
including—
‘‘(1) a description of the activities to be carried out under
the grant;
‘‘(2) an assurance that such activities will include one or
more of the proven strategies for reducing underage alcohol
abuse as determined by the Substance Abuse and Mental
Health Services Administration;
‘‘(3) an explanation of how activities to be carried out
under the grant that are not described in paragraph (2) will
be effective in reducing underage alcohol abuse, including references to the past effectiveness of such activities;
‘‘(4) an assurance that the applicant will submit to the
Secretary an annual report concerning the effectiveness of the
programs and activities funded under the grant; and
‘‘(5) such other information as the Secretary determines
appropriate.
‘‘(c) STREAMLINING OF PROCESS FOR LOW-INCOME AND RURAL
LEAS.—The Secretary, in consultation with the Administrator of
the Substance Abuse and Mental Health Services Administration,
shall develop procedures to make the application process for grants
under this section more user-friendly, particularly for low-income
and rural local educational agencies.
‘‘(d) RESERVATIONS.—
‘‘(1) SAMHSA.—The Secretary may reserve 20 percent of
any amount used to carry out this section to enable the
Administrator of the Substance Abuse and Mental Health Services Administration to provide alcohol abuse resources and
start-up assistance to local educational agencies receiving
grants under this section.
‘‘(2) LOW-INCOME AND RURAL AREAS.—The Secretary may
reserve 25 percent of any amount used to carry out this section
to award grants to low-income and rural local educational agencies.
‘‘SEC. 4130. MENTORING PROGRAMS.

‘‘(a) PURPOSE; DEFINITIONS.—
‘‘(1) PURPOSE.—The purpose of this section is to make
assistance available to promote mentoring programs for children with greatest need—
‘‘(A) to assist such children in receiving support and
guidance from a mentor;
‘‘(B) to improve the academic achievement of such children;
‘‘(C) to improve interpersonal relationships between
such children and their peers, teachers, other adults, and
family members;
‘‘(D) to reduce the dropout rate of such children; and
‘‘(E) to reduce juvenile delinquency and involvement
in gangs by such children.
‘‘(2) DEFINITIONS.—In this part:
‘‘(A) CHILD WITH GREATEST NEED.—The term ‘child with
greatest need’ means a child who is at risk of educational
failure, dropping out of school, or involvement in criminal
or delinquent activities, or who lacks strong positive role
models.

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‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible entity’
means—
‘‘(i) a local educational agency;
‘‘(ii) a nonprofit, community-based organization; or
‘‘(iii) a partnership between a local educational
agency and a nonprofit, community-based organization.
‘‘(C) MENTOR.—The term ‘mentor’ means a responsible
adult, a postsecondary school student, or a secondary school
student who works with a child—
‘‘(i) to provide a positive role model for the child;
‘‘(ii) to establish a supportive relationship with
the child; and
‘‘(iii) to provide the child with academic assistance
and exposure to new experiences and examples of
opportunity that enhance the ability of the child to
become a responsible adult.
‘‘(D) STATE.—The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
‘‘(b) GRANT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary may award grants from
funds made available to carry out this subpart under section
4003(2) to eligible entities to assist such entities in establishing
and supporting mentoring programs and activities for children
with greatest need that—
‘‘(A) are designed to link such children (particularly
children living in rural areas, high-crime areas, or troubled
home environments, or children experiencing educational
failure) with mentors who—
‘‘(i) have received training and support in mentoring;
‘‘(ii) have been screened using appropriate reference checks, child and domestic abuse record checks,
and criminal background checks; and
‘‘(iii) are interested in working with children with
greatest need; and
‘‘(B) are intended to achieve one or more of the following goals with respect to children with greatest need:
‘‘(i) Provide general guidance.
‘‘(ii) Promote personal and social responsibility.
‘‘(iii) Increase participation in, and enhance the
ability to benefit from, elementary and secondary education.
‘‘(iv) Discourage illegal use of drugs and alcohol,
violence, use of dangerous weapons, promiscuous
behavior, and other criminal, harmful, or potentially
harmful activity.
‘‘(v) Encourage participation in community service
and community activities.
‘‘(vi) Encourage setting goals and planning for the
future, including encouragement of graduation from
secondary school and planning for postsecondary education or training.
‘‘(viii) Discourage involvement in gangs.
‘‘(2) USE OF FUNDS.—

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‘‘(A) IN GENERAL.—Each eligible entity awarded a grant
under this subsection shall use the grant funds for activities
that establish or implement a mentoring program, that
may include—
‘‘(i) hiring of mentoring coordinators and support
staff;
‘‘(ii) providing for the professional development of
mentoring coordinators and support staff;
‘‘(iii) recruitment, screening, and training of mentors;
‘‘(iv) reimbursement to schools, if appropriate, for
the use of school materials or supplies in carrying
out the mentoring program;
‘‘(v) dissemination of outreach materials;
‘‘(vi) evaluation of the mentoring program using
scientifically based methods; and
‘‘(vii) such other activities as the Secretary may
reasonably prescribe by rule.
‘‘(B) PROHIBITED USES.—Notwithstanding subparagraph (A), an eligible entity awarded a grant under this
section may not use the grant funds—
‘‘(i) to directly compensate mentors;
‘‘(ii) to obtain educational or other materials or
equipment that would otherwise be used in the ordinary course of the eligible entity’s operations;
‘‘(iii) to support litigation of any kind; or
‘‘(iv) for any other purpose reasonably prohibited
by the Secretary by rule.
‘‘(3) AVAILABILITY OF FUNDS.—Funds made available
through a grant under this section shall be available for obligation for a period not to exceed 3 years.
‘‘(4) APPLICATION.—Each eligible entity seeking a grant
under this section shall submit to the Secretary an application
that includes—
‘‘(A) a description of the plan for the mentoring program the eligible entity proposes to carry out with such
grant;
‘‘(B) information on the children expected to be served
by the mentoring program for which such grant is sought;
‘‘(C) a description of the mechanism the eligible entity
will use to match children with mentors based on the
needs of the children;
‘‘(D) an assurance that no mentor will be assigned
to mentor so many children that the assignment will undermine the mentor’s ability to be an effective mentor or
the mentor’s ability to establish a close relationship (a
one-to-one relationship, where practicable) with each
mentored child;
‘‘(E) an assurance that the mentoring program will
provide children with a variety of experiences and support,
including—
‘‘(i) emotional support;
‘‘(ii) academic assistance; and
‘‘(iii) exposure to experiences that the children
might not otherwise encounter on their own;
‘‘(F) an assurance that the mentoring program will
be monitored to ensure that each child assigned a mentor

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benefits from that assignment and that the child will be
assigned a new mentor if the relationship between the
original mentor and the child is not beneficial to the child;
‘‘(G) information regarding how mentors and children
will be recruited to the mentoring program;
‘‘(H) information regarding how prospective mentors
will be screened;
‘‘(I) information on the training that will be provided
to mentors; and
‘‘(J) information on the system that the eligible entity
will use to manage and monitor information relating to
the mentoring program’s—
‘‘(i) reference checks;
‘‘(ii) child and domestic abuse record checks;
‘‘(iii) criminal background checks; and
‘‘(iv) procedure for matching children with mentors.
‘‘(5) SELECTION.—
‘‘(A) COMPETITIVE BASIS.—In accordance with this subsection, the Secretary shall award grants to eligible entities
on a competitive basis.
‘‘(B) PRIORITY.—In awarding grants under subparagraph (A), the Secretary shall give priority to each eligible
entity that—
‘‘(i) serves children with greatest need living in
rural areas, high-crime areas, or troubled home
environments, or who attend schools with violence
problems;
‘‘(ii) provides high quality background screening
of mentors, training of mentors, and technical assistance in carrying out mentoring programs; or
‘‘(iii) proposes a school-based mentoring program.
‘‘(C) OTHER CONSIDERATIONS.—In awarding grants
under subparagraph (A), the Secretary shall also consider—
‘‘(i) the degree to which the location of the mentoring program proposed by each eligible entity contributes to a fair distribution of mentoring programs with
respect to urban and rural locations;
‘‘(ii) the quality of the mentoring program proposed
by each eligible entity, including—
‘‘(I) the resources, if any, the eligible entity
will dedicate to providing children with opportunities for job training or postsecondary education;
‘‘(II) the degree to which parents, teachers,
community-based organizations, and the local
community have participated, or will participate,
in the design and implementation of the proposed
mentoring program;
‘‘(III) the degree to which the eligible entity
can ensure that mentors will develop longstanding
relationships with the children they mentor;
‘‘(IV) the degree to which the mentoring program will serve children with greatest need in
the 4th through 8th grades; and
‘‘(V) the degree to which the mentoring program will continue to serve children from the 9th
grade through graduation from secondary school,
as needed; and

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‘‘(iii) the capability of each eligible entity to effectively implement its mentoring program.
‘‘(D) GRANT TO EACH STATE.—Notwithstanding any
other provision of this subsection, in awarding grants under
subparagraph (A), the Secretary shall select not less than
one grant recipient from each State for which there is
an eligible entity that submits an application of sufficient
quality pursuant to paragraph (4).
‘‘(6) MODEL SCREENING GUIDELINES.—
‘‘(A) IN GENERAL.—Based on model screening guidelines
developed by the Office of Juvenile Programs of the Department of Justice, the Secretary shall develop and distribute
to each eligible entity awarded a grant under this section
specific model guidelines for the screening of mentors who
seek to participate in mentoring programs assisted under
this section.
‘‘(B) BACKGROUND CHECKS.—The guidelines developed
under this subsection shall include, at a minimum, a
requirement that potential mentors be subject to reference
checks, child and domestic abuse record checks, and
criminal background checks.

Gun-Free Schools
Act.
20 USC 7151.

‘‘Subpart 3—Gun Possession
‘‘SEC. 4141. GUN-FREE REQUIREMENTS.

‘‘(a) SHORT TITLE.—This subpart may be cited as the ‘GunFree Schools Act’.
‘‘(b) REQUIREMENTS.—
‘‘(1) IN GENERAL.—Each State receiving Federal funds
under any title of this Act shall have in effect a State law
requiring local educational agencies to expel from school for
a period of not less than 1 year a student who is determined
to have brought a firearm to a school, or to have possessed
a firearm at a school, under the jurisdiction of local educational
agencies in that State, except that such State law shall allow
the chief administering officer of a local educational agency
to modify such expulsion requirement for a student on a caseby-case basis if such modification is in writing.
‘‘(2) CONSTRUCTION.—Nothing in this subpart shall be construed to prevent a State from allowing a local educational
agency that has expelled a student from such a student’s regular school setting from providing educational services to such
student in an alternative setting.
‘‘(3) DEFINITION.—For the purpose of this section, the term
‘firearm’ has the same meaning given such term in section
921(a) of title 18, United States Code.
‘‘(c) SPECIAL RULE.—The provisions of this section shall be
construed in a manner consistent with the Individuals with Disabilities Education Act.
‘‘(d) REPORT TO STATE.—Each local educational agency
requesting assistance from the State educational agency that is
to be provided from funds made available to the State under any
title of this Act shall provide to the State, in the application
requesting such assistance—
‘‘(1) an assurance that such local educational agency is
in compliance with the State law required by subsection (b);
and

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‘‘(2) a description of the circumstances surrounding any
expulsions imposed under the State law required by subsection
(b), including—
‘‘(A) the name of the school concerned;
‘‘(B) the number of students expelled from such school;
and
‘‘(C) the type of firearms concerned.
‘‘(e) REPORTING.—Each State shall report the information
described in subsection (d) to the Secretary on an annual basis.
‘‘(f) DEFINITION.—For the purpose of subsection (d), the term
‘school’ means any setting that is under the control and supervision
of the local educational agency for the purpose of student activities
approved and authorized by the local educational agency.
‘‘(g) EXCEPTION.—Nothing in this section shall apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local
educational agency and the local educational agency adopts appropriate safeguards to ensure student safety.
‘‘(h) POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.—
‘‘(1) IN GENERAL.—No funds shall be made available under
any title of this Act to any local educational agency unless
such agency has a policy requiring referral to the criminal
justice or juvenile delinquency system of any student who
brings a firearm or weapon to a school served by such agency.
‘‘(2) DEFINITION.—For the purpose of this subsection, the
term ‘school’ has the same meaning given to such term by
section 921(a) of title 18, United States Code.

‘‘Subpart 4—General Provisions
‘‘SEC. 4151. DEFINITIONS.

20 USC 7161.

‘‘In this part:
‘‘(1) CONTROLLED SUBSTANCE.—The term ‘controlled substance’ means a drug or other substance identified under
Schedule I, II, III, IV, or V in section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)).
‘‘(2) DRUG.—The term ‘drug’ includes controlled substances;
the illegal use of alcohol and tobacco; and the harmful, abusive,
or addictive use of substances, including inhalants and anabolic
steroids.
‘‘(3) DRUG AND VIOLENCE PREVENTION.—The term ‘drug and
violence prevention’ means—
‘‘(A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the
illegal use of drugs;
‘‘(B) with respect to violence, the promotion of school
safety, such that students and school personnel are free
from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and
from school, and at school-sponsored activities, through
the creation and maintenance of a school environment that
is free of weapons and fosters individual responsibility
and respect for the rights of others.
‘‘(4) HATE CRIME.—The term ‘hate crime’ means a crime
as described in section 1(b) of the Hate Crime Statistics Act
of 1990.

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‘‘(5) NONPROFIT.—The term ‘nonprofit’, as applied to a
school, agency, organization, or institution means a school,
agency, organization, or institution owned and operated by
one or more nonprofit corporations or associations, no part
of the net earnings of which inures, or may lawfully inure,
to the benefit of any private shareholder or individual.
‘‘(6) PROTECTIVE FACTOR, BUFFER, OR ASSET.—The terms
‘protective factor’, ‘buffer’, and ‘asset’ mean any one of a number
of the community, school, family, or peer-individual domains
that are known, through prospective, longitudinal research
efforts, or which are grounded in a well-established theoretical
model of prevention, and have been shown to prevent alcohol,
tobacco, or illegal drug use, as well as violent behavior, by
youth in the community, and which promote positive youth
development.
‘‘(7) RISK FACTOR.—The term ‘risk factor’ means any one
of a number of characteristics of the community, school, family,
or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of alcohol,
tobacco, and illegal drug use, as well as violent behavior, by
youth in the school and community.
‘‘(8) SCHOOL-AGED POPULATION.—The term ‘school-aged
population’ means the population aged five through 17, as
determined by the Secretary on the basis of the most recent
satisfactory data available from the Department of Commerce.
‘‘(9) SCHOOL BASED MENTAL HEALTH SERVICES PROVIDER.—
The term ‘school based mental health services provider’ includes
a State licensed or State certified school counselor, school
psychologist, school social worker, or other State licensed or
certified mental health professional qualified under State law
to provide such services to children and adolescents.
‘‘(10) SCHOOL PERSONNEL.—The term ‘school personnel’
includes teachers, principals, administrators, counselors, social
workers, psychologists, nurses, librarians, and other support
staff who are employed by a school or who perform services
for the school on a contractual basis.
‘‘(11) SCHOOL RESOURCE OFFICER.—The term ‘school
resource officer’ means a career law enforcement officer, with
sworn authority, deployed in community oriented policing, and
assigned by the employing police department to a local educational agency to work in collaboration with schools and
community based organizations to—
‘‘(A) educate students in crime and illegal drug use
prevention and safety;
‘‘(B) develop or expand community justice initiatives
for students; and
‘‘(C) train students in conflict resolution, restorative
justice, and crime and illegal drug use awareness.

20 USC 7162.

‘‘SEC. 4152. MESSAGE AND MATERIALS.

‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug and violence
prevention programs supported under this part shall convey a clear
and consistent message that the illegal use of drugs and acts
of violence are wrong and harmful.
‘‘(b) CURRICULUM.—The Secretary shall not prescribe the use
of specific curricula for programs supported under this part.

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‘‘SEC. 4153. PARENTAL CONSENT.

20 USC 7163.

‘‘Upon receipt of written notification from the parents or legal
guardians of a student, the local educational agency shall withdraw
such student from any program or activity funded under this part.
The local educational agency shall make reasonable efforts to inform
parents or legal guardians of the content of such programs or
activities funded under this part, other than classroom instruction.
20 USC 7164.

‘‘SEC. 4154. PROHIBITED USES OF FUNDS.

‘‘No funds under this part may be used for—
‘‘(1) construction (except for minor remodeling needed to
accomplish the purposes of this part); or
‘‘(2) medical services, drug treatment or rehabilitation,
except for pupil services or referral to treatment for students
who are victims of, or witnesses to, crime or who illegally
use drugs.
‘‘SEC. 4155. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

‘‘(a) NONAPPLICATION OF PROVISIONS.—This section shall not
apply to any disciplinary records with respect to a suspension
or expulsion that are transferred from a private, parochial or other
nonpublic school, person, institution, or other entity, that provides
education below the college level.
‘‘(b) DISCIPLINARY RECORDS.—In accordance with the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g),
not later than 2 years after the date of enactment of this part,
each State receiving Federal funds under this Act shall provide
an assurance to the Secretary that the State has a procedure
in place to facilitate the transfer of disciplinary records, with respect
to a suspension or expulsion, by local educational agencies to any
private or public elementary school or secondary school for any
student who is enrolled or seeks, intends, or is instructed to enroll,
on a full- or part-time basis, in the school.

20 USC 7165.

Deadline.
Procedures.

‘‘PART B—21ST CENTURY COMMUNITY
LEARNING CENTERS
‘‘SEC. 4201. PURPOSE; DEFINITIONS.

20 USC 7171.

‘‘(a) PURPOSE.—The purpose of this part is to provide opportunities for communities to establish or expand activities in community
learning centers that—
‘‘(1) provide opportunities for academic enrichment,
including providing tutorial services to help students, particularly students who attend low-performing schools, to meet State
and local student academic achievement standards in core academic subjects, such as reading and mathematics;
‘‘(2) offer students a broad array of additional services,
programs, and activities, such as youth development activities,
drug and violence prevention programs, counseling programs,
art, music, and recreation programs, technology education programs, and character education programs, that are designed
to reinforce and complement the regular academic program
of participating students; and
‘‘(3) offer families of students served by community learning
centers opportunities for literacy and related educational
development.
‘‘(b) DEFINITIONS.—In this part:

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‘‘(1) COMMUNITY LEARNING CENTER.—The term ‘community
learning center’ means an entity that—
‘‘(A) assists students in meeting State and local academic achievement standards in core academic subjects,
such as reading and mathematics, by providing the students with opportunities for academic enrichment activities
and a broad array of other activities (such as drug and
violence prevention, counseling, art, music, recreation, technology, and character education programs) during nonschool hours or periods when school is not in session (such
as before and after school or during summer recess) that
reinforce and complement the regular academic programs
of the schools attended by the students served; and
‘‘(B) offers families of students served by such center
opportunities for literacy and related educational development.
‘‘(2) COVERED PROGRAM.—The term ‘covered program’
means a program for which—
‘‘(A) the Secretary made a grant under part I of title
X (as such part was in effect on the day before the date
of enactment of the No Child Left Behind Act of 2001);
and
‘‘(B) the grant period had not ended on that date of
enactment.
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
local educational agency, community-based organization,
another public or private entity, or a consortium of two or
more of such agencies, organizations, or entities.
‘‘(4) STATE.—The term ‘State’ means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.

20 USC 7172.

‘‘SEC. 4202. ALLOTMENTS TO STATES.

‘‘(a) RESERVATION.—From the funds appropriated under section
4206 for any fiscal year, the Secretary shall reserve—
‘‘(1) such amount as may be necessary to make continuation
awards to grant recipients under covered programs (under the
terms of those grants);
‘‘(2) not more than 1 percent for national activities, which
the Secretary may carry out directly or through grants and
contracts, such as providing technical assistance to eligible
entities carrying out programs under this part or conducting
a national evaluation; and
‘‘(3) not more than 1 percent for payments to the outlying
areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective needs for assistance under this part,
as determined by the Secretary, to enable the outlying areas
and the Bureau to carry out the purpose of this part.
‘‘(b) STATE ALLOTMENTS.—
‘‘(1) DETERMINATION.—From the funds appropriated under
section 4206 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary
shall allot to each State for the fiscal year an amount that
bears the same relationship to the remainder as the amount
the State received under subpart 2 of part A of title I for
the preceding fiscal year bears to the amount all States received
under that subpart for the preceding fiscal year, except that

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no State shall receive less than an amount equal to one-half
of 1 percent of the total amount made available to all States
under this subsection.
‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a State does not
receive an allotment under this part for a fiscal year, the
Secretary shall reallot the amount of the State’s allotment
to the remaining States in accordance with this section.
‘‘(c) STATE USE OF FUNDS.—
‘‘(1) IN GENERAL.—Each State that receives an allotment
under this part shall reserve not less than 95 percent of the
amount allotted to such State under subsection (b), for each
fiscal year for awards to eligible entities under section 4204.
‘‘(2) STATE ADMINISTRATION.—A State educational agency
may use not more than 2 percent of the amount made available
to the State under subsection (b) for—
‘‘(A) the administrative costs of carrying out its responsibilities under this part;
‘‘(B) establishing and implementing a peer review
process for grant applications described in section 4204(b)
(including consultation with the Governor and other State
agencies responsible for administering youth development
programs and adult learning activities); and
supervising the awarding of funds to eligible entities
(in consultation with the Governor and other State agencies
responsible for administering youth development programs
and adult learning activities).
‘‘(3) STATE ACTIVITIES.—A State educational agency may
use not more than 3 percent of the amount made available
to the State under subsection (b) for the following activities:
‘‘(A) Monitoring and evaluation of programs and activities assisted under this part.
‘‘(B) Providing capacity building, training, and technical assistance under this part.
‘‘(C) Comprehensive evaluation (directly, or through
a grant or contract) of the effectiveness of programs and
activities assisted under this part.
‘‘(D) Providing training and technical assistance to
eligible entities who are applicants for or recipients of
awards under this part.
‘‘SEC. 4203. STATE APPLICATION.

20 USC 7173.

‘‘(a) IN GENERAL.—In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary,
at such time as the Secretary may require, an application that—
‘‘(1) designates the State educational agency as the agency
responsible for the administration and supervision of programs
assisted under this part;
‘‘(2) describes how the State educational agency will use
funds received under this part, including funds reserved for
State-level activities;
‘‘(3) contains an assurance that the State educational
agency will make awards under this part only to eligible entities
that propose to serve—
‘‘(A) students who primarily attend—
‘‘(i) schools eligible for schoolwide programs under
section 1114; or

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‘‘(ii) schools that serve a high percentage of students from low-income families; and
‘‘(B) the families of students described in subparagraph
(A);
‘‘(4) describes the procedures and criteria the State educational agency will use for reviewing applications and
awarding funds to eligible entities on a competitive basis, which
shall include procedures and criteria that take into consideration the likelihood that a proposed community learning center
will help participating students meet local content and student
academic achievement standards;
‘‘(5) describes how the State educational agency will ensure
that awards made under this part are—
‘‘(A) of sufficient size and scope to support high-quality,
effective programs that are consistent with the purpose
of this part; and
‘‘(B) in amounts that are consistent with section
4204(h);
‘‘(6) describes the steps the State educational agency will
take to ensure that programs implement effective strategies,
including providing ongoing technical assistance and training,
evaluation, and dissemination of promising practices;
‘‘(7) describes how programs under this part will be coordinated with programs under this Act, and other programs as
appropriate;
‘‘(8) contains an assurance that the State educational
agency—
‘‘(A) will make awards for programs for a period of
not less than 3 years and not more than 5 years; and
‘‘(B) will require each eligible entity seeking such an
award to submit a plan describing how the community
learning center to be funded through the award will continue after funding under this part ends;
‘‘(9) contains an assurance that funds appropriated to carry
out this part will be used to supplement, and not supplant,
other Federal, State, and local public funds expended to provide
programs and activities authorized under this part and other
similar programs;
‘‘(10) contains an assurance that the State educational
agency will require eligible entities to describe in their applications under section 4204(b) how the transportation needs of
participating students will be addressed;
‘‘(11) provides an assurance that the application was developed in consultation and coordination with appropriate State
officials, including the chief State school officer, and other State
agencies administering before and after school (or summer
school) programs, the heads of the State health and mental
health agencies or their designees, and representatives of
teachers, parents, students, the business community, and
community-based organizations;
‘‘(12) describes the results of the State’s needs and
resources assessment for before and after school activities,
which shall be based on the results of on-going State evaluation
activities;
‘‘(13) describes how the State educational agency will
evaluate the effectiveness of programs and activities carried
out under this part, which shall include, at a minimum—

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‘‘(A) a description of the performance indicators and
performance measures that will be used to evaluate programs and activities; and
‘‘(B) public dissemination of the evaluations of programs and activities carried out under this part; and
‘‘(14) provides for timely public notice of intent to file
an application and an assurance that the application will be
available for public review after submission.
‘‘(b) DEEMED APPROVAL.—An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day period
beginning on the date on which the Secretary received the application, that the application is not in compliance with this part.
‘‘(c) DISAPPROVAL.—The Secretary shall not finally disapprove
the application, except after giving the State educational agency
notice and opportunity for a hearing.
‘‘(d) NOTIFICATION.—If the Secretary finds that the application
is not in compliance, in whole or in part, with this part, the
Secretary shall—
‘‘(1) give the State educational agency notice and an opportunity for a hearing; and
‘‘(2) notify the State educational agency of the finding of
noncompliance, and, in such notification, shall—
‘‘(A) cite the specific provisions in the application that
are not in compliance; and
‘‘(B) request additional information, only as to the noncompliant provisions, needed to make the application
compliant.
‘‘(e) RESPONSE.—If the State educational agency responds to
the Secretary’s notification described in subsection (d)(2) during
the 45-day period beginning on the date on which the agency
received the notification, and resubmits the application with the
requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the
later of—
‘‘(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
‘‘(2) the expiration of the 120-day period described in subsection (b).
‘‘(f) FAILURE TO RESPOND.—If the State educational agency
does not respond to the Secretary’s notification described in subsection (d)(2) during the 45-day period beginning on the date on
which the agency received the notification, such application shall
be deemed to be disapproved.
‘‘SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM.

20 USC 7174.

‘‘(a) IN GENERAL.—A State that receives funds under this part
for a fiscal year shall provide the amount made available under
section 4202(c)(1) to eligible entities for community learning centers
in accordance with this part.
‘‘(b) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive an award under
this part, an eligible entity shall submit an application to
the State educational agency at such time, in such manner,
and including such information as the State educational agency
may reasonably require.

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(2) CONTENTS.—Each application submitted under paragraph (1) shall include—
‘‘(A) a description of the before and after school or
summer recess activities to be funded, including—
‘‘(i) an assurance that the program will take place
in a safe and easily accessible facility;
‘‘(ii) a description of how students participating
in the program carried out by the community learning
center will travel safely to and from the center and
home; and
‘‘(iii) a description of how the eligible entity will
disseminate information about the community learning
center (including its location) to the community in
a manner that is understandable and accessible;
‘‘(B) a description of how the activity is expected to
improve student academic achievement;
‘‘(C) an identification of Federal, State, and local programs that will be combined or coordinated with the proposed program to make the most effective use of public
resources;
‘‘(D) an assurance that the proposed program was
developed, and will be carried out, in active collaboration
with the schools the students attend;
‘‘(E) a description of how the activities will meet the
principles of effectiveness described in section 4205(b);
‘‘(F) an assurance that the program will primarily target students who attend schools eligible for schoolwide
programs under section 1114 and the families of such students;
‘‘(G) an assurance that funds under this part will be
used to increase the level of State, local, and other nonFederal funds that would, in the absence of funds under
this part, be made available for programs and activities
authorized under this part, and in no case supplant Federal, State, local, or non-Federal funds;
‘‘(H) a description of the partnership between a local
educational agency, a community-based organization, and
another public entity or private entity, if appropriate;
‘‘(I) an evaluation of the community needs and available resources for the community learning center and a
description of how the program proposed to be carried
out in the center will address those needs (including the
needs of working families);
‘‘(J) a demonstration that the eligible entity has experience, or promise of success, in providing educational and
related activities that will complement and enhance the
academic performance, achievement, and positive youth
development of the students;
‘‘(K) a description of a preliminary plan for how the
community learning center will continue after funding
under this part ends;
‘‘(L) an assurance that the community will be given
notice of an intent to submit an application and that the
application and any waiver request will be available for
public review after submission of the application;
‘‘(M) if the eligible entity plans to use senior volunteers
in activities carried out through the community learning

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center, a description of how the eligible entity will encourage and use appropriately qualified seniors to serve as
the volunteers; and
‘‘(N) such other information and assurances as the
State educational agency may reasonably require.
‘‘(c) APPROVAL OF CERTAIN APPLICATIONS.—The State educational agency may approve an application under this part for
a program to be located in a facility other than an elementary
school or secondary school only if the program will be at least
as available and accessible to the students to be served as if the
program were located in an elementary school or secondary school.
‘‘(d) PERMISSIVE LOCAL MATCH.—
‘‘(1) IN GENERAL.—A State educational agency may require
an eligible entity to match funds awarded under this part,
except that such match may not exceed the amount of the
grant award and may not be derived from other Federal or
State funds.
‘‘(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding fee scale
that takes into account—
‘‘(A) the relative poverty of the population to be targeted by the eligible entity; and
‘‘(B) the ability of the eligible entity to obtain such
matching funds.
‘‘(3) IN-KIND CONTRIBUTIONS.—Each State educational
agency that requires an eligible entity to match funds under
this subsection shall permit the eligible entity to provide all
or any portion of such match in the form of in-kind contributions.
‘‘(4) CONSIDERATION.—Notwithstanding this subsection, a
State educational agency shall not consider an eligible entity’s
ability to match funds when determining which eligible entities
will receive awards under this part.
‘‘(e) PEER REVIEW.—In reviewing local applications under this
section, a State educational agency shall use a peer review process
or other methods of assuring the quality of such applications.
‘‘(f) GEOGRAPHIC DIVERSITY.—To the extent practicable, a State
educational agency shall distribute funds under this part equitably
among geographic areas within the State, including urban and
rural communities.
‘‘(g) DURATION OF AWARDS.—Grants under this part may be
awarded for a period of not less than 3 years and not more than
5 years.
‘‘(h) AMOUNT OF AWARDS.—A grant awarded under this part
may not be made in an amount that is less than $50,000.
‘‘(i) PRIORITY.—
‘‘(1) IN GENERAL.—In awarding grants under this part,
a State educational agency shall give priority to applications—
‘‘(A) proposing to target services to students who attend
schools that have been identified as in need of improvement
under section 1116; and
‘‘(B) submitted jointly by eligible entities consisting
of not less than 1—
‘‘(i) local educational agency receiving funds under
part A of title I; and
‘‘(ii) community-based organization or other public
or private entity.

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(2) SPECIAL RULE.—The State educational agency shall
provide the same priority under paragraph (1) to an application
submitted by a local educational agency if the local educational
agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and
of sufficient quality to meet the requirements of this part.

20 USC 7175.

‘‘SEC. 4205. LOCAL ACTIVITIES.

‘‘(a) AUTHORIZED ACTIVITIES.—Each eligible entity that receives
an award under this part may use the award funds to carry out
a broad array of before and after school activities (including during
summer recess periods) that advance student academic achievement, including—
‘‘(1) remedial education activities and academic enrichment
learning programs, including providing additional assistance
to students to allow the students to improve their academic
achievement;
‘‘(2) mathematics and science education activities;
‘‘(3) arts and music education activities;
‘‘(4) entrepreneurial education programs;
‘‘(5) tutoring services (including those provided by senior
citizen volunteers) and mentoring programs;
‘‘(6) programs that provide after school activities for limited
English proficient students that emphasize language skills and
academic achievement;
‘‘(7) recreational activities;
‘‘(8) telecommunications and technology education programs;
‘‘(9) expanded library service hours;
‘‘(10) programs that promote parental involvement and
family literacy;
‘‘(11) programs that provide assistance to students who
have been truant, suspended, or expelled to allow the students
to improve their academic achievement; and
‘‘(12) drug and violence prevention programs, counseling
programs, and character education programs.
‘‘(b) PRINCIPLES OF EFFECTIVENESS.—
‘‘(1) IN GENERAL.—For a program or activity developed
pursuant to this part to meet the principles of effectiveness,
such program or activity shall—
‘‘(A) be based upon an assessment of objective data
regarding the need for before and after school programs
(including during summer recess periods) and activities
in the schools and communities;
‘‘(B) be based upon an established set of performance
measures aimed at ensuring the availability of high quality
academic enrichment opportunities; and
‘‘(C) if appropriate, be based upon scientifically based
research that provides evidence that the program or activity
will help students meet the State and local student academic achievement standards.
‘‘(2) PERIODIC EVALUATION.—
‘‘(A) IN GENERAL.—The program or activity shall
undergo a periodic evaluation to assess its progress toward
achieving its goal of providing high quality opportunities
for academic enrichment.

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‘‘(B) USE OF RESULTS.—The results of evaluations
under subparagraph (A) shall be—
‘‘(i) used to refine, improve, and strengthen the
program or activity, and to refine the performance
measures; and
‘‘(ii) made available to the public upon request,
with public notice of such availability provided.
‘‘SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

Public
information.
Notice.
20 USC 7176.

‘‘There are authorized to be appropriated—
‘‘(1) $1,250,000,000 for fiscal year 2002;
‘‘(2) $1,500,000,000 for fiscal year 2003;
‘‘(3) $1,750,000,000 for fiscal year 2004;
‘‘(4) $2,000,000,000 for fiscal year 2005;
‘‘(5) $2,250,000,000 for fiscal year 2006; and
‘‘(6) $2,500,000,000 for fiscal year 2007.

‘‘PART C—ENVIRONMENTAL TOBACCO SMOKE
‘‘SEC. 4301. SHORT TITLE.

Pro-Children Act
of 2001.
20 USC 7181.

‘‘This part may be cited as the ‘Pro-Children Act of 2001’.
‘‘SEC. 4302. DEFINITIONS.

20 USC 7182.

‘‘As used in this part:
‘‘(1) CHILDREN.—The term ‘children’ means individuals who
have not attained the age of 18.
‘‘(2) CHILDREN’S SERVICES.—The term ‘children’s services’
means the provision on a routine or regular basis of health,
day care, education, or library services—
‘‘(A) that are funded, after the date of enactment of
the No Child Left Behind Act of 2001, directly by the
Federal Government or through State or local governments,
by Federal grant, loan, loan guarantee, or contract
programs—
‘‘(i) administered by either the Secretary of Health
and Human Services or the Secretary of Education
(other than services provided and funded solely under
titles XVIII and XIX of the Social Security Act); or
‘‘(ii) administered by the Secretary of Agriculture
in the case of a clinic (as defined in part 246.2 of
title 7, Code of Federal Regulations (or any corresponding similar regulation or ruling)) under section
17(b)(6) of the Child Nutrition Act of 1966; or
‘‘(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds,
as determined by the appropriate head of a Federal agency
in any enforcement action carried out under this part,
except that nothing in clause (ii) of subparagraph (A) is
intended to include facilities (other than clinics) where coupons
are redeemed under the Child Nutrition Act of 1966.
‘‘(3) INDOOR FACILITY.—The term ‘indoor facility’ means
a building that is enclosed.
‘‘(4) PERSON.—The term ‘person’ means any State or local
subdivision of a State, agency of such State or subdivision,
corporation, or partnership that owns or operates or otherwise
controls and provides children’s services or any individual who
owns or operates or otherwise controls and provides such services.

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary
of Health and Human Services.

‘‘SEC. 4303. NONSMOKING POLICY FOR CHILDREN’S SERVICES.

20 USC 7183.

Federal Register,
publication.

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‘‘(a) PROHIBITION.—After the date of enactment of the No Child
Left Behind Act of 2001, no person shall permit smoking within
any indoor facility owned or leased or contracted for, and utilized,
by such person for provision of routine or regular kindergarten,
elementary, or secondary education or library services to children.
‘‘(b) ADDITIONAL PROHIBITION.—
‘‘(1) IN GENERAL.—After the date of enactment of the No
Child Left Behind Act of 2001, no person shall permit smoking
within any indoor facility (or portion of such a facility) owned
or leased or contracted for, and utilized by, such person for
the provision of regular or routine health care or day care
or early childhood development (Head Start) services.
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to—
‘‘(A) any portion of such facility that is used for
inpatient hospital treatment of individuals dependent on,
or addicted to, drugs or alcohol; and
‘‘(B) any private residence.
‘‘(c) FEDERAL AGENCIES.—
‘‘(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION OR LIBRARY SERVICES.—After the date of enactment
of the No Child Left Behind Act of 2001, no Federal agency
shall permit smoking within any indoor facility in the United
States operated by such agency, directly or by contract, to
provide routine or regular kindergarten, elementary, or secondary education or library services to children.
‘‘(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD DEVELOPMENT SERVICES.—
‘‘(A) IN GENERAL.—After the date of enactment of the
No Child Left Behind Act of 2001, no Federal agency shall
permit smoking within any indoor facility (or portion of
such facility) operated by such agency, directly or by contract, to provide routine or regular health or day care
or early childhood development (Head Start) services to
children.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
to—
‘‘(i) any portion of such facility that is used for
inpatient hospital treatment of individuals dependent
on, or addicted to, drugs or alcohol; and
‘‘(ii) any private residence.
‘‘(3) APPLICATION OF PROVISIONS.—The provisions of paragraph (2) shall also apply to the provision of such routine
or regular kindergarten, elementary or secondary education
or library services in the facilities described in paragraph (2)
not subject to paragraph (1).
‘‘(d) NOTICE.—The prohibitions in subsections (a) through (c)
shall be published in a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies)
and by such agency heads in funding arrangements involving the
provision of children’s services administered by such heads. Such
prohibitions shall be effective 90 days after such notice is published,
or 270 days after the date of enactment of the No Child Left
Behind Act of 2001, whichever occurs first.

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115 STAT. 1775

‘‘(e) CIVIL PENALTIES.—
‘‘(1) IN GENERAL.—Any failure to comply with a prohibition
in this section shall be considered to be a violation of this
section and any person subject to such prohibition who commits
such violation may be liable to the United States for a civil
penalty in an amount not to exceed $1,000 for each violation,
or may be subject to an administrative compliance order, or
both, as determined by the Secretary. Each day a violation
continues shall constitute a separate violation. In the case
of any civil penalty assessed under this section, the total
amount shall not exceed 50 percent of the amount of Federal
funds received under any title of this Act by such person
for the fiscal year in which the continuing violation occurred.
For the purpose of the prohibition in subsection (c), the term
‘person’, as used in this paragraph, shall mean the head of
the applicable Federal agency or the contractor of such agency
providing the services to children.
‘‘(2) ADMINISTRATIVE PROCEEDING.—A civil penalty may be
assessed in a written notice, or an administrative compliance
order may be issued under paragraph (1), by the Secretary
only after an opportunity for a hearing in accordance with
section 554 of title 5, United States Code. Before making such
assessment or issuing such order, or both, the Secretary shall
give written notice of the assessment or order to such person
by certified mail with return receipt and provide information
in the notice of an opportunity to request in writing, not later
than 30 days after the date of receipt of such notice, such
hearing. The notice shall reasonably describe the violation and
be accompanied with the procedures for such hearing and a
simple form that may be used to request such hearing if such
person desires to use such form. If a hearing is requested,
the Secretary shall establish by such certified notice the time
and place for such hearing, which shall be located, to the
greatest extent possible, at a location convenient to such person.
The Secretary (or the Secretary’s designee) and such person
may consult to arrange a suitable date and location where
appropriate.
‘‘(3) CIRCUMSTANCES AFFECTING PENALTY OR ORDER.—In
determining the amount of the civil penalty or the nature
of the administrative compliance order, the Secretary shall
take into account, as appropriate—
‘‘(A) the nature, circumstances, extent, and gravity of
the violation;
‘‘(B) with respect to the violator, any good faith efforts
to comply, the importance of achieving early and permanent
compliance, the ability to pay or comply, the effect of the
penalty or order on the ability to continue operation, any
prior history of the same kind of violation, the degree
of culpability, and any demonstration of willingness to
comply with the prohibitions of this section in a timely
manner; and
C) such other matters as justice may require.
‘‘(4) MODIFICATION.—The Secretary may, as appropriate,
compromise, modify, or remit, with or without conditions, any
civil penalty or administrative compliance order. In the case
of a civil penalty, the amount, as finally determined by the
Secretary or agreed upon in compromise, may be deducted

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Deadline.

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from any sums that the United States or the agencies or
instrumentalities of the United States owe to the person against
whom the penalty is assessed.
‘‘(5) PETITION FOR REVIEW.—Any person aggrieved by a
penalty assessed or an order issued, or both, by the Secretary
under this section may file a petition for judicial review of
the order with the United States Court of Appeals for the
District of Columbia Circuit or for any other circuit in which
the person resides or transacts business. Such person shall
provide a copy of the petition to the Secretary or the Secretary’s
designee. The petition shall be filed within 30 days after the
Secretary’s assessment or order, or both, are final and have
been provided to such person by certified mail. The Secretary
shall promptly provide to the court a certified copy of the
transcript of any hearing held under this section and a copy
of the notice or order.
‘‘(6) FAILURE TO COMPLY.—If a person fails to pay an assessment of a civil penalty or comply with an order, after the
assessment or order, or both, are final under this section,
or after a court has entered a final judgment under paragraph
(5) in favor of the Secretary, the Attorney General, at the
request of the Secretary, shall recover the amount of the civil
penalty (plus interest at prevailing rates from the day the
assessment or order, or both, are final) or enforce the order
in an action brought in the appropriate district court of the
United States. In such action, the validity and appropriateness
of the penalty or order or the amount of the penalty shall
not be subject to review.

Records.

20 USC 7184.

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 4304. PREEMPTION.

‘‘Nothing in this part is intended to preempt any provision
of law of a State or political subdivision of a State that is more
restrictive than a provision of this part.’’.

TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE
PROGRAMS
SEC. 501. INNOVATIVE PROGRAMS AND PARENTAL CHOICE PROVISIONS.

Title V (20 U.S.C. 7201 et seq.) is amended to read as follows:

‘‘TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE
PROGRAMS
‘‘PART A—INNOVATIVE PROGRAMS
20 USC 7201.

‘‘SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY.

‘‘(a) PURPOSES.—The purposes of this part are the following:
‘‘(1) To support local education reform efforts that are consistent with and support statewide education reform efforts.

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‘‘(2) To provide funding to enable State educational agencies
and local educational agencies to implement promising educational reform programs and school improvement programs
based on scientifically based research.
‘‘(3) To provide a continuing source of innovation and educational improvement, including support programs to provide
library services and instructional and media materials.
‘‘(4) To meet the educational needs of all students, including
at-risk youth.
‘‘(5) To develop and implement education programs to
improve school, student, and teacher performance, including
professional development activities and class size reduction programs.
‘‘(b) STATE AND LOCAL RESPONSIBILITY.—The State educational
agency shall bear the basic responsibility for the administration
of funds made available under this part, but it is the intent of
Congress that the responsibility be carried out with a minimum
of paperwork and that the responsibility for the design and
implementation of programs assisted under this part be mainly
that of local educational agencies, school superintendents and principals, and classroom teachers and supporting personnel, because
local educational agencies and individuals have the most direct
contact with students and are most likely to be able to design
programs to meet the educational needs of students in their own
school districts.

‘‘Subpart 1—State and Local Programs
‘‘SEC. 5111. ALLOTMENT TO STATES.

20 USC 7211.

‘‘(a) IN GENERAL.—From the sums appropriated to carry out
this part for each fiscal year and not reserved under subsection
(b), the Secretary shall allot, and make available in accordance
with this part, to each State educational agency an amount that
bears the same ratio to such sums as the school-age population
of the State bears to the school-age population of all States, except
that no State shall receive less than an amount equal to onehalf of 1 percent of such sums.
‘‘(b) RESERVATION.—From the sums appropriated to carry out
this part for each fiscal year, the Secretary shall reserve not more
than 1 percent for payments to the outlying areas, to be allotted
in accordance with their respective needs for assistance under this
part.
‘‘SEC. 5112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

20 USC 7211a.

‘‘(a) DISTRIBUTION RULE.—
‘‘(1) ALLOCATION OF BASE AMOUNTS.—From the amount
made available to a State educational agency under this part
for a fiscal year, the State educational agency shall distribute,
to local educational agencies within the State, an amount that
is not less than 85 percent of the amount made available
to the State educational agency under this part for fiscal year
2002, according to the relative enrollments in public and in
private nonprofit schools within the jurisdictions of such local
educational agencies, adjusted, in accordance with criteria

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approved by the Secretary, to provide higher per-pupil allocations to local educational agencies that have the greatest numbers or percentages of children whose education imposes a
higher-than-average cost per child, such as—
‘‘(A) children living in areas with high concentrations
of economically disadvantaged families;
‘‘(B) children from economically disadvantaged families;
and
‘‘(C) children living in sparsely populated areas.
‘‘(2) ALLOCATION OF INCREASED AMOUNTS.—From the
amount made available to a State educational agency under
this part for a fiscal year that exceeds the amount made available to the agency under this part for fiscal year 2002, the
State educational agency shall distribute 100 percent (or, in
the case of a State educational agency receiving a minimum
allotment under section 5111(a), not less than 50 percent, notwithstanding subsection (b)) to local educational agencies
within the State, on the same basis as the State educational
agency distributes amounts under paragraph (1).
‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more than 15 percent of funds made available under section 5111 for State programs
under this part for any fiscal year may be used for State administration under section 5121.
‘‘(c) CALCULATION OF ENROLLMENTS.—
‘‘(1) IN GENERAL.—The calculation of relative enrollments
under subsection (a)(1) shall be on the basis of the total of—
‘‘(A) the number of children enrolled in public schools;
and
‘‘(B) the number of children enrolled in private nonprofit schools that participated in programs assisted under
this part, for the fiscal year preceding the fiscal year for
which the determination is made.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection
shall diminish the responsibility of each local educational
agency to contact, on an annual basis, appropriate officials
from private nonprofit schools within the areas served by such
agencies in order to determine whether such schools desire
that their children participate in programs assisted under this
part.
‘‘(3) ADJUSTMENTS.—
‘‘(A) STATE CRITERIA.—Relative enrollments calculated
under subsection (a)(1) shall be adjusted, in accordance
with criteria approved by the Secretary under subparagraph (B), to provide higher per-pupil allocations only to
local educational agencies that serve the greatest numbers
or percentages of—
‘‘(i) children living in areas with high concentrations of economically disadvantaged families;
‘‘(ii) children from economically disadvantaged
families; or
‘‘(iii) children living in sparsely populated areas.
‘‘(B) REVIEW OF CRITERIA.—The Secretary shall review
criteria submitted by a State educational agency for
adjusting allocations under paragraph (1) and shall approve
such criteria only if the Secretary determines that such
criteria are reasonably calculated to produce an adjusted
allocation that reflects the relative needs of the State’s

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115 STAT. 1779

local educational agencies based on the factors set forth
in subparagraph (A).
‘‘(d) PAYMENT OF ALLOCATIONS.—
‘‘(1) DISTRIBUTION.—From the funds paid to a State educational agency under this subpart for a fiscal year, the State
educational agency shall distribute to each eligible local educational agency that has submitted an application as required
by section 5133 the amount of such local educational agency’s
allocation, as determined under subsection (a).
‘‘(2) ADDITIONAL FUNDS.—
‘‘(A) USE.—Additional funds resulting from higher perpupil allocations provided to a local educational agency
on the basis of adjusted enrollments of children described
in subsection (a)(1) may, in the discretion of the local
educational agency, be allocated for expenditures to provide
services for children enrolled in public schools and private
nonprofit schools in direct proportion to the number of
children described in subsection (a)(1) and enrolled in such
schools within the area served by the local educational
agency.
‘‘(B) ALLOCATION.—In any fiscal year, any local educational agency that elects to allocate such additional funds
in the manner described in subparagraph (A) shall allocate
all additional funds to schools within the area served by
the local educational agency in such manner.
‘‘(C) RULE OF CONSTRUCTION.—Subparagraphs (A) and
(B) may not be construed to require any school to limit
the use of the additional funds described in subparagraph
(A) to the provision of services to specific students or categories of students.

‘‘Subpart 2—State Programs
‘‘SEC. 5121. STATE USES OF FUNDS.

20 USC 7213.

‘‘A State educational agency may use funds made available
for State use under section 5112(b) only for one or more of the
following:
‘‘(1) State administration of programs under this part,
including—
‘‘(A) allocating funds to local educational agencies;
‘‘(B) planning, supervising, and processing State educational agency funds; and
‘‘(C) monitoring and evaluating programs under this
part.
‘‘(2) Support for the planning, design, and initial
implementation of charter schools as described in part B.
‘‘(3) Statewide education reform, school improvement programs and technical assistance and direct grants to local educational agencies, which assist such agencies under section
5131.
‘‘(4) Support for the design and implementation of highquality yearly student assessments.
‘‘(5) Support for implementation of challenging State and
local academic achievement standards.
‘‘(6) Support for arrangements that provide for independent
analysis to measure and report on school district achievement.

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(7) Support for the program described in section 321 of
the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2001 (as
enacted into law by section 1(a)(1) of Public Law 106–554).
‘‘(8) Support for programs to assist in the implementation
of the policy described in section 9507 which may include
payment of reasonable transportation costs and tuition costs
for such students.

20 USC 7213a.

‘‘SEC. 5122. STATE APPLICATIONS.

‘‘(a) APPLICATION REQUIREMENTS.—Any State that desires to
receive assistance under this part shall submit to the Secretary
an application that includes each of the following:
‘‘(1) Designation of the State educational agency as the
State agency responsible for administration and supervision
of programs assisted under this part.
‘‘(2) Provision for an annual statewide summary of how
assistance under this part is contributing toward improving
student academic achievement or improving the quality of education for students.
‘‘(3) Information setting forth the allocation of funds
required to implement section 5142.
‘‘(4) A provision that the State educational agency will
keep such records, and provide such information to the Secretary, as may be required for fiscal audit and program evaluation (consistent with the responsibilities of the Secretary under
this section).
‘‘(5) An assurance that, apart from providing technical and
advisory assistance and monitoring compliance with this part,
the State educational agency has not exercised, and will not
exercise, any influence in the decisionmaking processes of local
educational agencies as to the expenditure made pursuant to
an application submitted under section 5133.
‘‘(6) An assurance that there is compliance with the specific
requirements of this part.
‘‘(7) Provision for timely public notice and public dissemination of the information provided under paragraph (3).
‘‘(b) STATEWIDE SUMMARY.—The statewide summary referred
to in subsection (a)(2) shall be submitted annually to the Secretary
and shall be derived from the evaluation information submitted
by local educational agencies to the State educational agency under
section 5133(b)(8). The State educational agency shall determine
the format and content of such summary and may include in the
summary statistical measures, such as the number of students
served by each type of innovative assistance program described
in section 5131 and the number of teachers trained.
‘‘(c) PERIOD OF APPLICATION.—An application submitted by the
State educational agency under subsection (a) shall be for a period
not to exceed 3 years. The agency may amend the application
annually, as may be necessary to reflect changes, without filing
a new application.
‘‘(d) AUDIT RULE.—A local educational agency that receives
less than an average of $10,000 under this part for any 3 consecutive
fiscal years shall not be audited more frequently than once every
5 years.

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‘‘Subpart 3—Local Innovative Education
Programs
‘‘SEC. 5131. LOCAL USES OF FUNDS.

20 USC 7215.

‘‘(a) INNOVATIVE ASSISTANCE PROGRAMS.—Funds made available to local educational agencies under section 5112 shall be used
for innovative assistance programs, which may include any of the
following:
‘‘(1) Programs to recruit, train, and hire highly qualified
teachers to reduce class size, especially in the early grades,
and professional development activities carried out in accordance with title II, that give teachers, principals, and administrators the knowledge and skills to provide students with the
opportunity to meet challenging State or local academic content
standards and student academic achievement standards.
‘‘(2) Technology activities related to the implementation
of school-based reform efforts, including professional development to assist teachers and other school personnel (including
school library media personnel) regarding how to use technology
effectively in the classrooms and the school library media centers involved.
‘‘(3) Programs for the development or acquisition and use
of instructional and educational materials, including library
services and materials (including media materials), academic
assessments, reference materials, computer software and hardware for instructional use, and other curricular materials that
are tied to high academic standards, that will be used to
improve student academic achievement, and that are part of
an overall education reform program.
‘‘(4) Promising education reform projects, including magnet
schools.
‘‘(5) Programs to improve the academic achievement of
educationally disadvantaged elementary school and secondary
school students, including activities to prevent students from
dropping out of school.
‘‘(6) Programs to improve the literacy skills of adults, especially the parents of children served by the local educational
agency, including adult education and family literacy programs.
‘‘(7) Programs to provide for the educational needs of gifted
and talented children.
‘‘(8) The planning, design, and initial implementation of
charter schools as described in part B.
‘‘(9) School improvement programs or activities under sections 1116 and 1117.
‘‘(10) Community service programs that use qualified school
personnel to train and mobilize young people to measurably
strengthen their communities through nonviolence, responsibility, compassion, respect, and moral courage.
‘‘(11) Activities to promote consumer, economic, and personal finance education, such as disseminating information on
and encouraging use of the best practices for teaching the
basic principles of economics and promoting the concept of
achieving financial literacy through the teaching of personal
financial management skills (including the basic principles
involved with earning, spending, saving, and investing).

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‘‘(12) Activities to promote, implement, or expand public
school choice.
‘‘(13) Programs to hire and support school nurses.
‘‘(14) Expansion and improvement of school-based mental
health services, including early identification of drug use and
violence, assessment, and direct individual or group counseling
services provided to students, parents, and school personnel
by qualified school-based mental health services personnel.
‘‘(15) Alternative educational programs for those students
who have been expelled or suspended from their regular educational setting, including programs to assist students to
reenter the regular educational setting upon return from treatment or alternative educational programs.
‘‘(16) Programs to establish or enhance prekindergarten
programs for children.
‘‘(17) Academic intervention programs that are operated
jointly with community-based organizations and that support
academic enrichment, and counseling programs conducted
during the school day (including during extended school day
or extended school year programs), for students most at risk
of not meeting challenging State academic achievement standards or not completing secondary school.
‘‘(18) Programs for cardiopulmonary resuscitation (CPR)
training in schools.
‘‘(19) Programs to establish smaller learning communities.
‘‘(20) Activities that encourage and expand improvements
throughout the area served by the local educational agency
that are designed to advance student academic achievement.
‘‘(21) Initiatives to generate, maintain, and strengthen
parental and community involvement.
‘‘(22) Programs and activities that expand learning
opportunities through best-practice models designed to improve
classroom learning and teaching.
‘‘(23) Programs to provide same-gender schools and classrooms (consistent with applicable law).
‘‘(24) Service learning activities.
‘‘(25) School safety programs, including programs to implement the policy described in section 9507 and which may
include payment of reasonable transportation costs and tuition
costs for such students.
‘‘(26) Programs that employ research-based cognitive and
perceptual development approaches and rely on a diagnosticprescriptive model to improve students’ learning of academic
content at the preschool, elementary, and secondary levels.
‘‘(27) Supplemental educational services, as defined in section 1116(e).
‘‘(b) REQUIREMENTS.—The innovative assistance programs
described in subsection (a) shall be—
‘‘(1) tied to promoting challenging academic achievement
standards;
‘‘(2) used to improve student academic achievement; and
‘‘(3) part of an overall education reform strategy.
‘‘(c) GUIDELINES.—Not later than 120 days after the date of
enactment of the No Child Left Behind Act of 2001, the Secretary
shall issue guidelines for local educational agencies seeking funding
for programs described in subsection (a)(23).

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‘‘SEC. 5132. ADMINISTRATIVE AUTHORITY.

20 USC 7215a.

‘‘In order to conduct the programs authorized by this part,
each State educational agency or local educational agency may
use funds made available under this part to make grants to, and
to enter into contracts with, local educational agencies, institutions
of higher education, libraries, museums, and other public and private nonprofit agencies, organizations, and institutions.
‘‘SEC. 5133. LOCAL APPLICATIONS.

20 USC 7215b.

‘‘(a) SUBMISSION OF APPLICATION.—A local educational agency
may receive an allocation of funds under this part for any year
for which the agency submits an application under this section
that the State educational agency certifies under subsection (b).
‘‘(b) CERTIFICATION AND CONTENTS OF APPLICATION.—The State
educational agency shall certify each application submitted under
subsection (a) that includes each of the following:
‘‘(1) A description of locally identified needs relative to
the purposes of this part and to the innovative assistance
programs described in section 5131.
‘‘(2) A statement that sets forth the planned allocation
of funds, based on the needs identified in subparagraph (A),
among innovative assistance programs described in section
5131, a description of the programs that the local educational
agency intends to support, and a description of the reasons
for the selection of such programs.
‘‘(3) Information setting forth the allocation of such funds
required to implement section 5142.
‘‘(4) A description of how assistance under this part will
contribute to improving student academic achievement or
improving the quality of education for students.
‘‘(5) An assurance that the local educational agency will
comply with this part, including the provisions of section 5142
concerning the participation of children enrolled in private nonprofit schools.
‘‘(6) An assurance that the local educational agency will
keep such records, and provide such information to the State
educational agency, as may be reasonably required for fiscal
audit and program evaluation (consistent with the responsibilities of the State educational agency under this part).
‘‘(7) Provision, in the allocation of funds for the assistance
authorized by this part and in the planning, design, and
implementation of such innovative assistance programs, for
systematic consultation with parents of children attending
elementary schools and secondary schools in the area served
by the local educational agency, with teachers and administrative personnel in such schools, and with such other groups
involved in the implementation of this part (such as librarians,
school counselors, and other pupil services personnel) as may
be considered appropriate by the local educational agency.
‘‘(8) An assurance that—
‘‘(A) programs carried out under this part will be evaluated annually;
‘‘(B) the evaluation will be used to make decisions
about appropriate changes in programs for the subsequent
year;
‘‘(C) the evaluation will describe how assistance under
this part affected student academic achievement and will

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include, at a minimum, information and data on the use
of funds, the types of services furnished, and the students
served under this part; and
‘‘(D) the evaluation will be submitted to the State
educational agency at the time and in the manner
requested by the State educational agency.
‘‘(9) If the local educational agency seeks funds under section 5131(a)(23), a description of how the agency will comply
with the guidelines issued by the Secretary regarding samegender schools and classrooms under section 5131(c).
‘‘(c) PERIOD OF APPLICATION.—An application submitted by a
local educational agency under subsection (a) may seek allocations
under this part for a period not to exceed 3 fiscal years. The
agency may amend the application annually, as may be necessary
to reflect changes, without the filing of a new application.
‘‘(d) LOCAL EDUCATIONAL AGENCY DISCRETION.—
‘‘(1) IN GENERAL.—Subject to the limitations and requirements of this part, a local educational agency shall have complete discretion in determining how funds made available to
carry out this subpart will be divided among programs described
in section 5131.
‘‘(2) LIMITATION.—In exercising the discretion described in
paragraph (1), a local educational agency shall ensure that
expenditures under this subpart carry out the purposes of this
part and are used to meet the educational needs within the
schools served by the local educational agency.

‘‘Subpart 4—General Provisions
20 USC 7217.

‘‘SEC. 5141. MAINTENANCE OF EFFORT.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), a State
educational agency is entitled to receive its full allotment of funds
under this part for any fiscal year only if the Secretary determines
that either the combined fiscal effort per student or the aggregate
expenditures within the State, with respect to the provision of
free public education for the fiscal year preceding the fiscal year
for which the determination is made, was not less than 90 percent
of such combined fiscal effort or aggregate expenditures for the
second fiscal year preceding the fiscal year for which the determination is made.
‘‘(b) REDUCTION OF FUNDS.—The Secretary shall reduce the
amount of the allotment of funds under this part in any fiscal
year in the exact proportion by which the State educational agency
fails to meet the requirements of subsection (a) by falling below
90 percent of the fiscal effort per student or aggregate expenditures
(using the measure most favorable to the State educational agency),
and no such lesser amount shall be used for computing the effort
or expenditures required under paragraph (1) for subsequent years.
‘‘(c) WAIVER.—The Secretary may waive, for 1 fiscal year only,
the requirements of this section, if the Secretary determines that
such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the financial resources of the State educational agency.

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‘‘SEC. 5142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.

20 USC 7217a.

‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—
‘‘(1) IN GENERAL.—To the extent consistent with the number
of children in the school district of a local educational agency
that is eligible to receive funds under this part, or that serves
the area in which a program assisted under this part is located,
who are enrolled in private nonprofit elementary schools and
secondary schools, or, with respect to instructional or personnel
training programs funded by the State educational agency from
funds made available for State educational agency use, the
local educational agency, after consultation with appropriate
private school officials—
‘‘(A) shall provide, as may be necessary, for the benefit
of such children in such schools—
‘‘(i) secular, neutral, and nonideological services,
materials, and equipment, including the participation
of the teachers of such children (and other educational
personnel serving such children) in training programs;
and
‘‘(ii) the repair, minor remodeling, or construction
of public facilities (consistent with subsection (c)); or
‘‘(B) if such services, materials, and equipment are
not feasible or necessary in one or more such private
schools, as determined by the local educational agency after
consultation with the appropriate private school officials,
shall provide such other arrangements as will assure equitable participation of such children in the purposes and
benefits of this part.
‘‘(2) OTHER PROVISIONS FOR SERVICES.—If no program is
carried out under paragraph (1) in the school district of a
local educational agency, the State educational agency shall
make arrangements, such as through contracts with nonprofit
agencies or organizations, under which children in private
schools in the district are provided with services and materials
to the same extent as would have occurred if the local educational agency had received funds under this part.
‘‘(3) APPLICATION OF REQUIREMENTS.—The requirements of
this section relating to the participation of children, teachers,
and other personnel serving such children shall apply to programs carried out under this part by a State educational agency
or local educational agency, whether directly or through grants
to, or contracts with, other public or private agencies, institutions, or organizations.
‘‘(b) EQUAL EXPENDITURES.—
‘‘(1) IN GENERAL.—Expenditures for programs under subsection (a) shall be equal (consistent with the number of children to be served) to expenditures for programs under this
part for children enrolled in the public schools of the local
educational agency.
‘‘(2) CONCENTRATED PROGRAMS.—Taking into account the
needs of the individual children and other factors that relate
to the expenditures referred to in paragraph (1), and when
funds available to a local educational agency under this part
are used to concentrate programs on a particular group, attendance area, or grade or age level, children enrolled in private
schools who are included within the group, attendance area,

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or grade or age level selected for such concentration shall,
after consultation with the appropriate private school officials,
be assured equitable participation in the purposes and benefits
of such programs.
‘‘(c) ADMINISTRATIVE REQUIREMENTS.—
‘‘(1) FUNDS AND PROPERTY.—The control of funds provided
under this part, and title to materials, equipment, and property
repaired, remodeled, or constructed with such funds, shall be
in a public agency for the uses and purposes provided in this
part, and a public agency shall administer such funds and
property.
‘‘(2) PROVISION OF SERVICES.—Services provided under this
part shall be provided by employees of a public agency or
through contract by such a public agency with a person, association, agency, or corporation that, in the provision of such services, is independent of the private school and of any religious
organizations, and such employment or contract shall be under
the control and supervision of such a public agency. The funds
provided under this part shall not be commingled with State
or local funds.
‘‘(d) WAIVER.—
‘‘(1) STATE PROHIBITION.—If a State educational agency
or local educational agency is prohibited, by reason of any
provision of law, from providing for the participation in programs of children enrolled in private elementary schools and
secondary schools as required by subsections (a) through (c),
the Secretary shall waive such requirements for the agency
involved and shall arrange for the provision of services to
such children through arrangements that shall be subject to
the requirements of this section.
‘‘(2) FAILURE TO COMPLY.—If the Secretary determines that
a State educational agency or a local educational agency has
substantially failed, or is unwilling, to provide for the participation on an equitable basis of children enrolled in private
elementary schools and secondary schools as required by subsections (a) through (c), the Secretary may waive such requirements and shall arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section.
‘‘(e) WITHHOLDING OF ALLOTMENT OR ALLOCATION.—Pending
final resolution of any investigation or complaint that could result
in a waiver under subsection (d)(1) or (d)(2), the Secretary may
withhold from the allotment or allocation of the affected State
educational agency or local educational agency the amount estimated by the Secretary to be necessary to pay the cost of services
to be provided by the Secretary under such subsection.
‘‘(f) DURATION OF DETERMINATION.—Any determination by the
Secretary under this section shall continue in effect until the Secretary determines that there will no longer be any failure or
inability on the part of the State educational agency or local educational agency to meet the requirements of subsections (a) through
(c).
‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When the Secretary
arranges for services under subsection (d), the Secretary shall,
after consultation with the appropriate public school and private

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school officials, pay the cost of such services, including the administrative costs of arranging for those services, from the appropriate
allotment of the State educational agency under this part.
‘‘(h) REVIEW OF DETERMINATION.—
‘‘(1) WRITTEN OBJECTIONS.—The Secretary shall not take
any final action under this section until the State educational
agency and the local educational agency affected by such action
have had an opportunity, for not less than 45 days after
receiving written notice thereof, to submit written objections
and to appear before the Secretary or the Secretary’s designee
to show cause why that action should not be taken.
‘‘(2) COURT ACTION.—If a State educational agency or local
educational agency is dissatisfied with the Secretary’s final
action after a proceeding under paragraph (1), such agency
may, not later than 60 days after notice of such action, file
with the United States court of appeals for the circuit in which
such State is located a petition for review of that action. A
copy of the petition shall be transmitted by the clerk of the
court to the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the Secretary
based the action, as provided in section 2112 of title 28, United
States Code.
‘‘(3) REMAND TO SECRETARY.—The findings of fact by the
Secretary with respect to a proceeding under paragraph (1),
if supported by substantial evidence, shall be conclusive. The
court, for good cause shown, may remand the case to the
Secretary to take further evidence and the Secretary may make
new or modified findings of fact and may modify the Secretary’s
previous action, and shall file in the court the record of the
further proceedings. Such new or modified findings of fact shall
likewise be conclusive, if supported by substantial evidence.
‘‘(4) COURT REVIEW.—Upon the filing of a petition under
paragraph (2), the court shall have jurisdiction to affirm the
action of the Secretary or to set such action aside, in whole
or in part. The judgment of the court shall be subject to review
by the Supreme Court upon certiorari or certification, as provided in section 1254 of title 28, United States Code.
‘‘(i) PRIOR DETERMINATION.—Any bypass determination by the
Secretary under title VI (as such title was in effect on the day
preceding the date of enactment of the No Child Left Behind Act
of 2001) shall, to the extent consistent with the purposes of this
part, apply to programs under this part.
‘‘SEC. 5143. FEDERAL ADMINISTRATION.

Deadline.

Records.

Applicability.

20 USC 7217b.

‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon request,
shall provide technical assistance to State educational agencies
and local educational agencies under this part.
‘‘(b) RULEMAKING.—The Secretary shall issue regulations under
this part only to the extent that such regulations are necessary
to ensure that there is compliance with the specific requirements
and assurances required by this part.
‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwithstanding any
other provision of law, unless expressly in limitation of this subsection, funds appropriated in any fiscal year to carry out programs
under this part shall become available for obligation on July 1
of such fiscal year and shall remain available for obligation until
the end of the subsequent fiscal year.

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20 USC 7217c.

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 5144. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local education
funds.
20 USC 7217d.

‘‘SEC. 5145. DEFINITIONS.

‘‘In this part:
‘‘(1) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ means a local educational agency or a consortium of such agencies.
‘‘(2) PUBLIC SCHOOL.—The term ‘public school’ means a
public elementary school or a public secondary school.
‘‘(3) SCHOOL-AGE POPULATION.—The term ‘school-age population’ means the population aged 5 through 17.
‘‘(4) STATE.—The term ‘State’ means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
20 USC 7217e.

‘‘SEC. 5146. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this
part—
‘‘(1) $450,000,000 for fiscal year 2002;
‘‘(2) $475,000,000 for fiscal year 2003;
‘‘(3) $500,000,000 for fiscal year 2004;
‘‘(4) $525,000,000 for fiscal year 2005;
‘‘(5) $550,000,000 for fiscal year 2006; and
‘‘(6) $600,000,000 for fiscal year 2007.

‘‘PART B—PUBLIC CHARTER SCHOOLS
‘‘Subpart 1—Charter School Programs
20 USC 7221.

‘‘SEC. 5201. PURPOSE.

‘‘It is the purpose of this subpart to increase national understanding of the charter schools model by—
‘‘(1) providing financial assistance for the planning, program design, and initial implementation of charter schools;
‘‘(2) evaluating the effects of such schools, including the
effects on students, student academic achievement, staff, and
parents;
‘‘(3) expanding the number of high-quality charter schools
available to students across the Nation; and
‘‘(4) encouraging the States to provide support to charter
schools for facilities financing in an amount more nearly
commensurate to the amount the States have typically provided
for traditional public schools.
20 USC 7221a.

‘‘SEC. 5202. PROGRAM AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary may award grants to State
educational agencies having applications approved pursuant to section 5203 to enable such agencies to conduct a charter school
grant program in accordance with this subpart.
‘‘(b) SPECIAL RULE.—If a State educational agency elects not
to participate in the program authorized by this subpart or does
not have an application approved under section 5203, the Secretary
may award a grant to an eligible applicant that serves such State
and has an application approved pursuant to section 5203(c).
‘‘(c) PROGRAM PERIODS.—

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‘‘(1) GRANTS TO STATES.—Grants awarded to State educational agencies under this subpart shall be for a period of
not more than 3 years.
‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants awarded by
the Secretary to eligible applicants or subgrants awarded by
State educational agencies to eligible applicants under this
subpart shall be for a period of not more than 3 years, of
which the eligible applicant may use—
‘‘(A) not more than 18 months for planning and program design;
‘‘(B) not more than 2 years for the initial implementation of a charter school; and
‘‘(C) not more than 2 years to carry out dissemination
activities described in section 5204(f)(6)(B).
‘‘(d) LIMITATION.—A charter school may not receive—
‘‘(1) more than one grant for activities described in subparagraphs (A) and (B) of subsection (c)(2); or
‘‘(2) more than one grant for activities under subparagraph
(C) of subsection (c)(2).
‘‘(e) PRIORITY TREATMENT.—
‘‘(1) IN GENERAL.—In awarding grants under this subpart
for fiscal year 2002 or any succeeding fiscal year from any
funds appropriated under section 5211 (other than funds
reserved to carry out section 5205(b)), the Secretary shall give
priority to States to the extent that the States meet the criteria
described in paragraph (2) and one or more of the criteria
described in subparagraph (A), (B), or (C) of paragraph (3).
‘‘(2) REVIEW AND EVALUATION PRIORITY CRITERIA.—The criteria referred to in paragraph (1) are that the State provides
for periodic review and evaluation by the authorized public
chartering agency of each charter school, at least once every
5 years unless required more frequently by State law, to determine whether the charter school is meeting the terms of the
school’s charter, and is meeting or exceeding the student academic achievement requirements and goals for charter schools
as set forth under State law or the school’s charter.
‘‘(3) PRIORITY CRITERIA.—The criteria referred to in paragraph (1) are the following:
‘‘(A) The State has demonstrated progress, in
increasing the number of high-quality charter schools that
are held accountable in the terms of the schools’ charters
for meeting clear and measurable objectives for the educational progress of the students attending the schools,
in the period prior to the period for which a State educational agency or eligible applicant applies for a grant
under this subpart.
‘‘(B) The State—
‘‘(i) provides for one authorized public chartering
agency that is not a local educational agency, such
as a State chartering board, for each individual or
entity seeking to operate a charter school pursuant
to such State law; or
‘‘(ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, allows for an appeals process for the
denial of an application for a charter school.

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‘‘(C) The State ensures that each charter school has
a high degree of autonomy over the charter school’s budgets
and expenditures.
‘‘(f) AMOUNT CRITERIA.—In determining the amount of a grant
to be awarded under this subpart to a State educational agency,
the Secretary shall take into consideration the number of charter
schools that are operating, or are approved to open, in the State.
20 USC 7221b.

‘‘SEC. 5203. APPLICATIONS.

‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each State educational agency desiring a grant from the Secretary under this
subpart shall submit to the Secretary an application at such time,
in such manner, and containing or accompanied by such information
as the Secretary may require.
‘‘(b) CONTENTS OF A STATE EDUCATIONAL AGENCY APPLICATION.—Each application submitted pursuant to subsection (a)
shall—
‘‘(1) describe the objectives of the State educational agency’s
charter school grant program and a description of how such
objectives will be fulfilled, including steps taken by the State
educational agency to inform teachers, parents, and communities of the State educational agency’s charter school grant
program; and
‘‘(2) describe how the State educational agency—
‘‘(A) will inform each charter school in the State
regarding—
‘‘(i) Federal funds that the charter school is eligible
to receive; and
‘‘(ii) Federal programs in which the charter school
may participate;
‘‘(B) will ensure that each charter school in the State
receives the charter school’s commensurate share of Federal
education funds that are allocated by formula each year,
including during the first year of operation of the charter
school; and
‘‘(C) will disseminate best or promising practices of
charter schools to each local educational agency in the
State; and
‘‘(3) contain assurances that the State educational agency
will require each eligible applicant desiring to receive a
subgrant to submit an application to the State educational
agency containing—
‘‘(A) a description of the educational program to be
implemented by the proposed charter school, including—
‘‘(i) how the program will enable all students to
meet challenging State student academic achievement
standards;
‘‘(ii) the grade levels or ages of children to be
served; and
‘‘(iii) the curriculum and instructional practices to
be used;
‘‘(B) a description of how the charter school will be
managed;
‘‘(C) a description of—
‘‘(i) the objectives of the charter school; and

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‘‘(ii) the methods by which the charter school will
determine its progress toward achieving those objectives;
‘‘(D) a description of the administrative relationship
between the charter school and the authorized public chartering agency;
‘‘(E) a description of how parents and other members
of the community will be involved in the planning, program
design, and implementation of the charter school;
‘‘(F) a description of how the authorized public chartering agency will provide for continued operation of the
school once the Federal grant has expired, if such agency
determines that the school has met the objectives described
in subparagraph (C)(i);
‘‘(G) a request and justification for waivers of any
Federal statutory or regulatory provisions that the eligible
applicant believes are necessary for the successful operation
of the charter school, and a description of any State or
local rules, generally applicable to public schools, that will
be waived for, or otherwise not apply to, the school;
‘‘(H) a description of how the subgrant funds or grant
funds, as appropriate, will be used, including a description
of how such funds will be used in conjunction with other
Federal programs administered by the Secretary;
‘‘(I) a description of how students in the community
will be—
‘‘(i) informed about the charter school; and
‘‘(ii) given an equal opportunity to attend the
charter school;
‘‘(J) an assurance that the eligible applicant will
annually provide the Secretary and the State educational
agency such information as may be required to determine
if the charter school is making satisfactory progress toward
achieving the objectives described in subparagraph (C)(i);
‘‘(K) an assurance that the eligible applicant will
cooperate with the Secretary and the State educational
agency in evaluating the program assisted under this subpart;
‘‘(L) a description of how a charter school that is considered a local educational agency under State law, or a
local educational agency in which a charter school is
located, will comply with sections 613(a)(5) and 613(e)(1)(B)
of the Individuals with Disabilities Education Act;
‘‘(M) if the eligible applicant desires to use subgrant
funds for dissemination activities under section
5202(c)(2)(C), a description of those activities and how those
activities will involve charter schools and other public
schools, local educational agencies, developers, and potential developers; and
‘‘(N) such other information and assurances as the
Secretary and the State educational agency may require.
‘‘(c) ELIGIBLE APPLICANT APPLICATION.—Each eligible applicant
desiring a grant pursuant to section 5202(b) shall submit an application to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably require.
‘‘(d) CONTENTS OF ELIGIBLE APPLICANT APPLICATION.—Each
application submitted pursuant to subsection (c) shall contain—

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‘‘(1) the information and assurances described in subparagraphs (A) through (N) of subsection (b)(3), except that for
purposes of this subsection subparagraphs (J), (K), and (N)
of such subsection shall be applied by striking ‘and the State
educational agency’ each place such term appears;
‘‘(2) assurances that the State educational agency—
‘‘(A) will grant, or will obtain, waivers of State statutory or regulatory requirements; and
‘‘(B) will assist each subgrantee in the State in
receiving a waiver under section 5204(e); and
‘‘(3) assurances that the eligible applicant has provided
its authorized public chartering authority timely notice, and
a copy, of the application, except that the State educational
agency (or the Secretary, in the case of an application submitted
to the Secretary) may waive the requirement of this paragraph
in the case of an application for a precharter planning grant
or subgrant if the authorized public chartering authority to
which a charter school proposal will be submitted has not
been determined at the time the grant or subgrant application
is submitted.

20 USC 7221c.

‘‘SEC. 5204. ADMINISTRATION.

‘‘(a) SELECTION CRITERIA FOR STATE EDUCATIONAL AGENCIES.—
The Secretary shall award grants to State educational agencies
under this subpart on the basis of the quality of the applications
submitted under section 5203(b), after taking into consideration
such factors as—
‘‘(1) the contribution that the charter schools grant program
will make to assisting educationally disadvantaged and other
students in meeting State academic content standards and
State student academic achievement standards;
‘‘(2) the degree of flexibility afforded by the State educational agency to charter schools under the State’s charter
schools law;
‘‘(3) the ambitiousness of the objectives for the State charter
school grant program;
‘‘(4) the quality of the strategy for assessing achievement
of those objectives;
‘‘(5) the likelihood that the charter school grant program
will meet those objectives and improve educational results for
students;
‘‘(6) the number of high-quality charter schools created
under this subpart in the State; and
‘‘(7) in the case of State educational agencies that propose
to use grant funds to support dissemination activities under
subsection (f)(6)(B), the quality of those activities and the likelihood that those activities will improve student academic
achievement.
‘‘(b) SELECTION CRITERIA FOR ELIGIBLE APPLICANTS.—The Secretary shall award grants to eligible applicants under this subpart
on the basis of the quality of the applications submitted under
section 5203(c), after taking into consideration such factors as—
‘‘(1) the quality of the proposed curriculum and instructional practices;
‘‘(2) the degree of flexibility afforded by the State educational agency and, if applicable, the local educational agency
to the charter school;

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‘‘(3) the extent of community support for the application;
‘‘(4) the ambitiousness of the objectives for the charter
school;
‘‘(5) the quality of the strategy for assessing achievement
of those objectives;
‘‘(6) the likelihood that the charter school will meet those
objectives and improve educational results for students; and
‘‘(7) in the case of an eligible applicant that proposes to
use grant funds to support dissemination activities under subsection (f)(6)(B), the quality of those activities and the likelihood
that those activities will improve student achievement.
‘‘(c) PEER REVIEW.—The Secretary, and each State educational
agency receiving a grant under this subpart, shall use a peer
review process to review applications for assistance under this
subpart.
‘‘(d) DIVERSITY OF PROJECTS.—The Secretary and each State
educational agency receiving a grant under this subpart, shall
award grants and subgrants under this subpart in a manner that,
to the extent possible, ensures that such grants and subgrants—
‘‘(1) are distributed throughout different areas of the Nation
and each State, including urban and rural areas; and
‘‘(2) will assist charter schools representing a variety of
educational approaches, such as approaches designed to reduce
school size.
‘‘(e) WAIVERS.—The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority except any such requirement relating to the elements
of a charter school described in section 5210(1), if—
‘‘(1) the waiver is requested in an approved application
under this subpart; and
‘‘(2) the Secretary determines that granting such a waiver
will promote the purpose of this subpart.
‘‘(f) USE OF FUNDS.—
‘‘(1) STATE EDUCATIONAL AGENCIES.—Each State educational agency receiving a grant under this subpart shall
use such grant funds to award subgrants to one or more eligible
applicants in the State to enable such applicant to plan and
implement a charter school in accordance with this subpart,
except that the State educational agency may reserve not more
than 10 percent of the grant funds to support dissemination
activities described in paragraph (6).
‘‘(2) ELIGIBLE APPLICANTS.—Each eligible applicant
receiving funds from the Secretary or a State educational
agency shall use such funds to plan and implement a charter
school, or to disseminate information about the charter school
and successful practices in the charter school, in accordance
with this subpart.
‘‘(3) ALLOWABLE ACTIVITIES.—An eligible applicant
receiving a grant or subgrant under this subpart may use
the grant or subgrant funds only for—
(A) post-award planning and design of the educational
program, which may include—
‘‘(i) refinement of the desired educational results
and of the methods for measuring progress toward
achieving those results; and
‘‘(ii) professional development of teachers and other
staff who will work in the charter school; and

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‘‘(B) initial implementation of the charter school, which
may include—
‘‘(i) informing the community about the school;
‘‘(ii) acquiring necessary equipment and educational materials and supplies;
‘‘(iii) acquiring or developing curriculum materials;
and
‘‘(iv) other initial operational costs that cannot be
met from State or local sources.
‘‘(4) ADMINISTRATIVE EXPENSES.—
‘‘(A) STATE EDUCATIONAL AGENCY ADMINISTRATIVE
EXPENSES.—Each State educational agency receiving a
grant pursuant to this subpart may reserve not more than
5 percent of such grant funds for administrative expenses
associated with the charter school grant program assisted
under this subpart.
‘‘(B) LOCAL ADMINISTRATIVE EXPENSES.—A local educational agency may not deduct funds for administrative
fees or expenses from a subgrant awarded to an eligible
applicant, unless the eligible applicant enters voluntarily
into a mutually agreed upon arrangement for administrative services with the relevant local educational agency.
Absent such approval, the local educational agency shall
distribute all such subgrant funds to the eligible applicant
without delay.
‘‘(5) REVOLVING LOAN FUNDS.—Each State educational
agency receiving a grant pursuant to this subpart may reserve
not more than 10 percent of the grant funds for the establishment of a revolving loan fund. Such fund may be used to
make loans to eligible applicants that have received a subgrant
under this subpart, under such terms as may be determined
by the State educational agency, for the initial operation of
the charter school grant program of the eligible applicant until
such time as the recipient begins receiving ongoing operational
support from State or local financing sources.
‘‘(6) DISSEMINATION.—
‘‘(A) IN GENERAL.—A charter school may apply for funds
under this subpart, whether or not the charter school has
applied for or received funds under this subpart for planning, program design, or implementation, to carry out the
activities described in subparagraph (B) if the charter
school has been in operation for at least 3 consecutive
years and has demonstrated overall success, including—
‘‘(i) substantial progress in improving student academic achievement;
‘‘(ii) high levels of parent satisfaction; and
‘‘(iii) the management and leadership necessary
to overcome initial start-up problems and establish
a thriving, financially viable charter school.
‘‘(B) ACTIVITIES.—A charter school described in
subparagraph (A) may use funds reserved under paragraph
(1) to assist other schools in adapting the charter school’s
program (or certain aspects of the charter school’s program), or to disseminate information about the charter
school, through such activities as—
‘‘(i) assisting other individuals with the planning
and start-up of one or more new public schools,

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including charter schools, that are independent of the
assisting charter school and the assisting charter
school’s developers, and that agree to be held to at
least as high a level of accountability as the assisting
charter school;
‘‘(ii) developing partnerships with other public
schools, including charter schools, designed to improve
student academic achievement in each of the schools
participating in the partnership;
‘‘(iii) developing curriculum materials, assessments, and other materials that promote increased
student achievement and are based on successful practices within the assisting charter school; and
‘‘(iv) conducting evaluations and developing materials that document the successful practices of the
assisting charter school and that are designed to
improve student performance in other schools.
‘‘(g) TRIBALLY CONTROLLED SCHOOLS.—Each State that receives
a grant under this subpart and designates a tribally controlled
school as a charter school shall not consider payments to a school
under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507)
in determining—
‘‘(1) the eligibility of the school to receive any other Federal,
State, or local aid; or
‘‘(2) the amount of such aid.
‘‘SEC. 5205. NATIONAL ACTIVITIES.

20 USC 7221d.

‘‘(a) IN GENERAL.—The Secretary shall reserve for each fiscal
year the greater of 5 percent or $5,000,000 of the amount appropriated to carry out this subpart, except that in no fiscal year
shall the total amount so reserved exceed $8,000,000, to carry
out the following activities:
‘‘(1) To provide charter schools, either directly or through
State educational agencies, with—
‘‘(A) information regarding—
‘‘(i) Federal funds that charter schools are eligible
to receive; and
‘‘(ii) other Federal programs in which charter
schools may participate; and
‘‘(B) assistance in applying for Federal education funds
that are allocated by formula, including assistance with
filing deadlines and submission of applications.
‘‘(2) To provide for other evaluations or studies that include
the evaluation of the impact of charter schools on student
academic achievement, including information regarding—
‘‘(A) students attending charter schools reported on
the basis of race, age, disability, gender, limited English
proficiency, and previous enrollment in public school; and
‘‘(B) the professional qualifications of teachers within
a charter school and the turnover of the teaching force.
‘‘(3) To provide—
‘‘(A) information to applicants for assistance under this
subpart;
‘‘(B) assistance to applicants for assistance under this
subpart with the preparation of applications under section
5203;

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‘‘(C) assistance in the planning and startup of charter
schools;
‘‘(D) training and technical assistance to existing
charter schools; and
‘‘(E) for the dissemination to other public schools of
best or promising practices in charter schools.
‘‘(4) To provide (including through the use of one or more
contracts that use a competitive bidding process) for the collection of information regarding the financial resources available
to charter schools, including access to private capital, and to
widely disseminate to charter schools any such relevant
information and model descriptions of successful programs.
‘‘(5) To carry out evaluations of, technical assistance for,
and information dissemination regarding, the per-pupil facilities aid programs. In carrying out the evaluations, the Secretary
may carry out one or more evaluations of State programs
assisted under this subsection, which shall, at a minimum,
address—
‘‘(A) how, and the extent to which, the programs promote educational equity and excellence; and
‘‘(B) the extent to which charter schools supported
through the programs are—
‘‘(i) held accountable to the public;
‘‘(ii) effective in improving public education; and
‘‘(iii) open and accessible to all students.
‘‘(b) PER-PUPIL FACILITIES AID PROGRAMS.—
‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID PROGRAM.—
In this subsection, the term ‘per-pupil facilities aid program’
means a program in which a State makes payments, on a
per-pupil basis, to charter schools to provide the schools with
financing—
‘‘(A) that is dedicated solely for funding charter school
facilities; or
‘‘(B) a portion of which is dedicated for funding charter
school facilities.
‘‘(2) GRANTS.—
‘‘(A) IN GENERAL.—From the amount made available
to carry out this subsection under paragraphs (2) and (3)(B)
of section 5211(b) for any fiscal year, the Secretary shall
make grants, on a competitive basis, to States to pay for
the Federal share of the cost of establishing or enhancing,
and administering per-pupil facilities aid programs.
‘‘(B) PERIOD.—The Secretary shall award grants under
this subsection for periods of not more than 5 years.
‘‘(C) FEDERAL SHARE.—The Federal share of the cost
described in subparagraph (A) for a per-pupil facilities
aid program shall be not more than—
‘‘(i) 90 percent of the cost, for the first fiscal year
for which the program receives assistance under this
subsection;
‘‘(ii) 80 percent in the second such year;
‘‘(iii) 60 percent in the third such year;
‘‘(iv) 40 percent in the fourth such year; and
‘‘(v) 20 percent in the fifth such year.
‘‘(3) USE OF FUNDS.—
‘‘(A) IN GENERAL.—A State that receives a grant under
this subsection shall use the funds made available through

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the grant to establish or enhance, and administer, a perpupil facilities aid program for charter schools in the State.
‘‘(B) EVALUATIONS; TECHNICAL ASSISTANCE; DISSEMINATION.—From the amount made available to a State through
a grant under this subsection for a fiscal year, the State
may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate
information.
‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds made available under this subsection shall be used to supplement,
and not supplant, State and local public funds expended
to provide per pupil facilities aid programs, operations
financing programs, or other programs, for charter schools.
‘‘(4) REQUIREMENTS.—
‘‘(A) VOLUNTARY PARTICIPATION.—No State may be
required to participate in a program carried out under
this subsection.
‘‘(B) STATE LAW.—To be eligible to receive a grant
under this subsection, a State shall establish or enhance,
and administer, a per-pupil facilities aid program for
charter schools in the State, that—
‘‘(i) is specified in State law; and
‘‘(ii) provides annual financing, on a per-pupil
basis, for charter school facilities.
‘‘(5) APPLICATIONS.—To be eligible to receive a grant under
this subsection, a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
‘‘(6) PRIORITIES.—In making grants under this subsection,
the Secretary shall give priority to States that meet the criteria
described in paragraph (2), and subparagraphs (A), (B), and
(C) of paragraph (3), of section 5202(e).
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to require charter schools to collect any data described
in subsection (a).
‘‘SEC. 5206. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND
FOR SUCCESSIVE ENROLLMENT EXPANSIONS.

20 USC 7221e.

‘‘(a) IN GENERAL.—For purposes of the allocation to schools
by the States or their agencies of funds under part A of title
I, and any other Federal funds which the Secretary allocates to
States on a formula basis, the Secretary and each State educational
agency shall take such measures as are necessary to ensure that
every charter school receives the Federal funding for which the
charter school is eligible not later than 5 months after the charter
school first opens, notwithstanding the fact that the identity and
characteristics of the students enrolling in that charter school are
not fully and completely determined until that charter school actually opens. The measures similarly shall ensure that every charter
school expanding its enrollment in any subsequent year of operation
receives the Federal funding for which the charter school is eligible
not later than 5 months after such expansion.
‘‘(b) ADJUSTMENT AND LATE OPENINGS.—
‘‘(1) IN GENERAL.—The measures described in subsection
(a) shall include provision for appropriate adjustments, through
recovery of funds or reduction of payments for the succeeding
year, in cases where payments made to a charter school on

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the basis of estimated or projected enrollment data exceed
the amounts that the school is eligible to receive on the basis
of actual or final enrollment data.
‘‘(2) RULE.—For charter schools that first open after
November 1 of any academic year, the State, in accordance
with guidance provided by the Secretary and applicable Federal
statutes and regulations, shall ensure that such charter schools
that are eligible for the funds described in subsection (a) for
such academic year have a full and fair opportunity to receive
those funds during the charter schools’ first year of operation.

20 USC 7221f.

‘‘SEC. 5207. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.

‘‘To the extent practicable, the Secretary shall ensure that
administrators, teachers, and other individuals directly involved
in the operation of charter schools are consulted in the development
of any rules or regulations required to implement this subpart,
as well as in the development of any rules or regulations relevant
to charter schools that are required to implement part A of title
I, the Individuals with Disabilities Education Act, or any other
program administered by the Secretary that provides education
funds to charter schools or regulates the activities of charter schools.
20 USC 7221g.

‘‘SEC. 5208. RECORDS TRANSFER.

‘‘State educational agencies and local educational agencies, to
the extent practicable, shall ensure that a student’s records and,
if applicable, a student’s individualized education program as
defined in section 602(11) of the Individuals with Disabilities Education Act, are transferred to a charter school upon the transfer
of the student to the charter school, and to another public school
upon the transfer of the student from a charter school to another
public school, in accordance with applicable State law.
20 USC 7221h.

‘‘SEC. 5209. PAPERWORK REDUCTION.

‘‘To the extent practicable, the Secretary and each authorized
public chartering agency shall ensure that implementation of this
subpart results in a minimum of paperwork for any eligible
applicant or charter school.
20 USC 7221i.

‘‘SEC. 5210. DEFINITIONS.

‘‘In this subpart:
‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ means
a public school that—
‘‘(A) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from
significant State or local rules that inhibit the flexible
operation and management of public schools, but not from
any rules relating to the other requirements of this paragraph;
‘‘(B) is created by a developer as a public school, or
is adapted by a developer from an existing public school,
and is operated under public supervision and direction;
‘‘(C) operates in pursuit of a specific set of educational
objectives determined by the school’s developer and agreed
to by the authorized public chartering agency;
‘‘(D) provides a program of elementary or secondary
education, or both;

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‘‘(E) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and
is not affiliated with a sectarian school or religious institution;
‘‘(F) does not charge tuition;
‘‘(G) complies with the Age Discrimination Act of 1975,
title VI of the Civil Rights Act of 1964, title IX of the
Education Amendments of 1972, section 504 of the
Rehabilitation Act of 1973, and part B of the Individuals
with Disabilities Education Act;
‘‘(H) is a school to which parents choose to send their
children, and that admits students on the basis of a lottery,
if more students apply for admission than can be accommodated;
‘‘(I) agrees to comply with the same Federal and State
audit requirements as do other elementary schools and
secondary schools in the State, unless such requirements
are specifically waived for the purpose of this program;
‘‘(J) meets all applicable Federal, State, and local
health and safety requirements;
‘‘(K) operates in accordance with State law; and
‘‘(L) has a written performance contract with the
authorized public chartering agency in the State that
includes a description of how student performance will
be measured in charter schools pursuant to State assessments that are required of other schools and pursuant
to any other assessments mutually agreeable to the authorized public chartering agency and the charter school.
‘‘(2) DEVELOPER.—The term ‘developer’ means an individual
or group of individuals (including a public or private nonprofit
organization), which may include teachers, administrators and
other school staff, parents, or other members of the local
community in which a charter school project will be carried
out.
‘‘(3) ELIGIBLE APPLICANT.—The term ‘eligible applicant’
means a developer that has—
‘‘(A) applied to an authorized public chartering
authority to operate a charter school; and
‘‘(B) provided adequate and timely notice to that
authority under section 5203(d)(3).
‘‘(4) AUTHORIZED PUBLIC CHARTERING AGENCY.—The term
‘authorized public chartering agency’ means a State educational
agency, local educational agency, or other public entity that
has the authority pursuant to State law and approved by the
Secretary to authorize or approve a charter school.
‘‘SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.

20 USC 7221j.

‘‘(a) IN GENERAL.—There are authorized to be appropriated
to carry out this subpart $300,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5 succeeding fiscal
years.
‘‘(b) RESERVATION.—From the amount appropriated under subsection (a) for each fiscal year, the Secretary shall reserve—
‘‘(1) $200,000,000 to carry out this subpart, other than
section 5205(b); and
‘‘(2) any funds in excess of $200,000,000, that do not exceed
$300,000,000, to carry out section 5205(b); and

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‘‘(3)(A) 50 percent of any funds in excess of $300,000,000
to carry out this subpart, other than section 5205(b); and
‘‘(B) 50 percent of any funds in excess of $300,000,000
to carry out section 5205(b).

‘‘Subpart 2—Credit Enhancement Initiatives To
Assist Charter School Facility Acquisition, Construction, and Renovation
20 USC 7223.

‘‘SEC. 5221. PURPOSE.

‘‘The purpose of this subpart is to provide grants to eligible
entities to permit the eligible entities to demonstrate innovative
credit enhancement initiatives that assist charter schools to address
the cost of acquiring, constructing, and renovating facilities.
20 USC 7223a.

‘‘SEC. 5222. GRANTS TO ELIGIBLE ENTITIES.

‘‘(a) GRANTS.—The Secretary shall use 100 percent of the
amount available to carry out this subpart to award not less than
three grants to eligible entities that have applications approved
under this subpart to demonstrate innovative methods of assisting
charter schools to address the cost of acquiring, constructing, and
renovating facilities by enhancing the availability of loans or bond
financing.
‘‘(b) GRANTEE SELECTION.—
‘‘(1) EVALUATION OF APPLICATION.—The Secretary shall
evaluate each application submitted under section 5223, and
shall determine whether the application is sufficient to merit
approval.
‘‘(2) DISTRIBUTION OF GRANTS.—The Secretary shall award
at least one grant to an eligible entity described in section
5230(2)(A), at least one grant to an eligible entity described
in section 5230(2)(B), and at least one grant to an eligible
entity described in section 5230(2)(C), if applications are submitted that permit the Secretary to do so without approving
an application that is not of sufficient quality to merit approval.
‘‘(c) GRANT CHARACTERISTICS.—Grants under this subpart shall
be of a sufficient size, scope, and quality so as to ensure an effective
demonstration of an innovative means of enhancing credit for the
financing of charter school acquisition, construction, or renovation.
‘‘(d) SPECIAL RULE.—In the event the Secretary determines
that the funds made available under this subpart are insufficient
to permit the Secretary to award not less than three grants in
accordance with subsections (a) through (c), such three-grant minimum and subsection (b)(2) shall not apply, and the Secretary
may determine the appropriate number of grants to be awarded
in accordance with subsection (c).
20 USC 7223b.

‘‘SEC. 5223. APPLICATIONS.

‘‘(a) IN GENERAL.—To receive a grant under this subpart, an
eligible entity shall submit to the Secretary an application in such
form as the Secretary may reasonably require.
‘‘(b) CONTENTS.—An application submitted under subsection (a)
shall contain—
‘‘(1) a statement identifying the activities proposed to be
undertaken with funds received under this subpart, including
how the eligible entity will determine which charter schools

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will receive assistance, and how much and what types of assistance charter schools will receive;
‘‘(2) a description of the involvement of charter schools
in the application’s development and the design of the proposed
activities;
‘‘(3) a description of the eligible entity’s expertise in capital
market financing;
‘‘(4) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital
relative to the amount of government funding used and otherwise enhance credit available to charter schools;
‘‘(5) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success
of a charter school program for which facilities financing is
sought;
‘‘(6) in the case of an application submitted by a State
governmental entity, a description of the actions that the entity
has taken, or will take, to ensure that charter schools within
the State receive the funding the charter schools need to have
adequate facilities; and
‘‘(7) such other information as the Secretary may reasonably require.
‘‘SEC. 5224. CHARTER SCHOOL OBJECTIVES.

20 USC 7223c.

‘‘An eligible entity receiving a grant under this subpart shall
use the funds deposited in the reserve account established under
section 5225(a) to assist one or more charter schools to access
private sector capital to accomplish one or both of the following
objectives:
‘‘(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third
party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue
the operation of a charter school.
‘‘(2) The construction of new facilities, or the renovation,
repair, or alteration of existing facilities, necessary to commence
or continue the operation of a charter school.
‘‘SEC. 5225. RESERVE ACCOUNT.

20 USC 7223d.

‘‘(a) USE OF FUNDS.—To assist charter schools to accomplish
the objectives described in section 5224, an eligible entity receiving
a grant under this subpart shall, in accordance with State and
local law, directly or indirectly, alone or in collaboration with others,
deposit the funds received under this subpart (other than funds
used for administrative costs in accordance with section 5226) in
a reserve account established and maintained by the eligible entity
for this purpose. Amounts deposited in such account shall be used
by the eligible entity for one or more of the following purposes:
‘‘(1) Guaranteeing, insuring, and reinsuring bonds, notes,
evidences of debt, loans, and interests therein, the proceeds
of which are used for an objective described in section 5224.
‘‘(2) Guaranteeing and insuring leases of personal and real
property for an objective described in section 5224.
‘‘(3) Facilitating financing by identifying potential lending
sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of,
charter schools.

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‘‘(4) Facilitating the issuance of bonds by charter schools,
or by other public entities for the benefit of charter schools,
by providing technical, administrative, and other appropriate
assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue).
‘‘(b) INVESTMENT.—Funds received under this subpart and
deposited in the reserve account established under subsection (a)
shall be invested in obligations issued or guaranteed by the United
States or a State, or in other similarly low-risk securities.
‘‘(c) REINVESTMENT OF EARNINGS.—Any earnings on funds
received under this subpart shall be deposited in the reserve account
established under subsection (a) and used in accordance with such
subsection.
20 USC 7223e.

‘‘SEC. 5226. LIMITATION ON ADMINISTRATIVE COSTS.

‘‘An eligible entity may use not more than 0.25 percent of
the funds received under this subpart for the administrative costs
of carrying out its responsibilities under this subpart.
20 USC 7223f.

‘‘SEC. 5227. AUDITS AND REPORTS.

‘‘(a) FINANCIAL RECORD MAINTENANCE AND AUDIT.—The financial records of each eligible entity receiving a grant under this
subpart shall be maintained in accordance with generally accepted
accounting principles and shall be subject to an annual audit by
an independent public accountant.
‘‘(b) REPORTS.—
‘‘(1) GRANTEE ANNUAL REPORTS.—Each eligible entity
receiving a grant under this subpart annually shall submit
to the Secretary a report of its operations and activities under
this subpart.
‘‘(2) CONTENTS.—Each annual report submitted under paragraph (1) shall include—
‘‘(A) a copy of the most recent financial statements,
and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the
financial records of the eligible entity;
‘‘(B) a copy of any report made on an audit of the
financial records of the eligible entity that was conducted
under subsection (a) during the reporting period;
‘‘(C) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under this
subpart in leveraging private funds;
‘‘(D) a listing and description of the charter schools
served during the reporting period;
‘‘(E) a description of the activities carried out by the
eligible entity to assist charter schools in meeting the objectives set forth in section 5224; and
‘‘(F) a description of the characteristics of lenders and
other financial institutions participating in the activities
undertaken by the eligible entity under this subpart during
the reporting period.
‘‘(3) SECRETARIAL REPORT.—The Secretary shall review the
reports submitted under paragraph (1) and shall provide a
comprehensive annual report to Congress on the activities conducted under this subpart.

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‘‘SEC. 5228. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.

20 USC 7223g.

‘‘No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee,
bond, note, evidence of debt, or loan) shall be an obligation of,
or guaranteed in any respect by, the United States. The full faith
and credit of the United States is not pledged to the payment
of funds which may be required to be paid under any obligation
made by an eligible entity pursuant to any provision of this subpart.
20 USC 7223h.

‘‘SEC. 5229. RECOVERY OF FUNDS.

‘‘(a) IN GENERAL.—The Secretary, in accordance with chapter
37 of title 31, United States Code, shall collect—
‘‘(1) all of the funds in a reserve account established by
an eligible entity under section 5225(a) if the Secretary determines, not earlier than 2 years after the date on which the
eligible entity first received funds under this subpart, that
the eligible entity has failed to make substantial progress in
carrying out the purposes described in section 5225(a); or
‘‘(2) all or a portion of the funds in a reserve account
established by an eligible entity under section 5225(a) if the
Secretary determines that the eligible entity has permanently
ceased to use all or a portion of the funds in such account
to accomplish any purpose described in section 5225(a).
‘‘(b) EXERCISE OF AUTHORITY.—The Secretary shall not exercise
the authority provided in subsection (a) to collect from any eligible
entity any funds that are being properly used to achieve one or
more of the purposes described in section 5225(a).
‘‘(c) PROCEDURES.—The provisions of sections 451, 452, and
458 of the General Education Provisions Act shall apply to the
recovery of funds under subsection (a).
‘‘(d) CONSTRUCTION.—This section shall not be construed to
impair or affect the authority of the Secretary to recover funds
under part D of the General Education Provisions Act.
‘‘SEC. 5230. DEFINITIONS.

Applicability.

20 USC 7223i.

‘‘In this subpart:
‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ has the
meaning given such term in section 5210.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a public entity, such as a State or local governmental entity;
‘‘(B) a private nonprofit entity; or
‘‘(C) a consortium of entities described in subparagraphs (A) and (B).
‘‘SEC. 5231. AUTHORIZATION OF APPROPRIATIONS.

20 USC 7223j.

‘‘For the purpose of carrying out this subpart, there are authorized to be appropriated $150,000,000 for fiscal year 2002 and such
sums as may be necessary for fiscal year 2003.

‘‘Subpart 3—Voluntary Public School Choice
Programs
‘‘SEC. 5241. GRANTS.

20 USC 7225.

‘‘(a) AUTHORIZATION.—From funds made available under section
5248 to carry out this subpart, the Secretary shall award grants,
on a competitive basis, to eligible entities to enable the entities

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to establish or expand a program of public school choice (referred
to in this subpart as a ‘program’) in accordance with this subpart.
‘‘(b) DURATION.—Grants awarded under subsection (a) may be
awarded for a period of not more than 5 years.
20 USC 7225a.

‘‘SEC. 5242. USES OF FUNDS.

‘‘(a) REQUIRED USE OF FUNDS.—An eligible entity that receives
a grant under this subpart shall use the grant funds to provide
students selected to participate in the program with transportation
services or the cost of transportation to and from the public
elementary schools and secondary schools, including charter schools,
that the students choose to attend under the program.
‘‘(b) PERMISSIBLE USES OF FUNDS.—An eligible entity that
receives a grant under this subpart may use the grant funds for—
‘‘(1) planning or designing a program (for not more than
1 year);
‘‘(2) the cost of making tuition transfer payments to public
elementary schools or secondary schools to which students
transfer under the program;
‘‘(3) the cost of capacity-enhancing activities that enable
high-demand public elementary schools or secondary schools
to accommodate transfer requests under the program;
‘‘(4) the cost of carrying out public education campaigns
to inform students and parents about the program; and
‘‘(5) other costs reasonably necessary to implement the
program.
‘‘(c) NONPERMISSIBLE USES OF FUNDS.—An eligible entity that
receives a grant under this subpart may not use the grant funds
for school construction.
‘‘(d) ADMINISTRATIVE EXPENSES.—The eligible entity may use
not more than 5 percent of the funds made available through
the grant for any fiscal year for administrative expenses.
20 USC 7225b.

‘‘SEC. 5243. APPLICATIONS.

‘‘(a) SUBMISSION.—An eligible entity that desires a grant under
this subpart shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
‘‘(b) CONTENTS.—An application submitted under subsection (a)
shall include—
‘‘(1) a description of the program for which the eligible
entity seeks funds and the goals for such program;
‘‘(2) a description of how and when parents of students
will be given the notice required under section 5245(a)(2);
‘‘(3) a description of how students will be selected for the
program;
‘‘(4) a description of how the program will be coordinated
with, and will complement and enhance, other related Federal
and non-Federal projects;
‘‘(5) if the program is to be carried out by a partnership,
the name of each partner and a description of the partner’s
responsibilities; and
‘‘(6) such other information as the Secretary may require.
20 USC 7225c.

‘‘SEC. 5244. PRIORITIES.

‘‘In awarding grants under this subpart, the Secretary shall
give priority to an eligible entity—

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‘‘(1) whose program would provide the widest variety of
choices to all students in participating schools;
‘‘(2) whose program would, through various choice options,
have the most impact in allowing students in low-performing
schools to attend higher-performing schools; and
‘‘(3) that is a partnership that seeks to implement an
interdistrict approach to carrying out a program.
‘‘SEC. 5245. REQUIREMENTS AND VOLUNTARY PARTICIPATION.

20 USC 7225d.

‘‘(a) PARENT AND COMMUNITY INVOLVEMENT AND NOTICE.—In
carrying out a program under this subpart, an eligible entity shall—
‘‘(1) develop the program with—
‘‘(A) the involvement of parents and others in the
community to be served; and
‘‘(B) individuals who will carry out the program,
including administrators, teachers, principals, and other
staff; and
‘‘(2) provide to parents of students in the area to be served
by the program with prompt notice of—
‘‘(A) the existence of the program;
‘‘(B) the program’s availability; and
‘‘(C) a clear explanation of how the program will
operate.
‘‘(b) SELECTION OF STUDENTS.—An eligible entity that receives
a grant under this subpart shall select students to participate
in a program on the basis of a lottery, if more students apply
for admission to the program than can be accommodated.
‘‘(c) VOLUNTARY PARTICIPATION.—Student participation in a program funded under this subpart shall be voluntary.
20 USC 7225e.

‘‘SEC. 5246. EVALUATIONS.

‘‘(a) IN GENERAL.—From the amount made available to carry
out this subpart for any fiscal year, the Secretary may reserve
not more than 5 percent—
‘‘(1) to carry out evaluations;
‘‘(2) to provide technical assistance; and
‘‘(3) to disseminate information.
‘‘(b) EVALUATIONS.—In carrying out the evaluations under subsection (a), the Secretary shall, at a minimum, address—
‘‘(1) how, and the extent to which, the programs promote
educational equity and excellence;
‘‘(2) the characteristics of the students participating in
the programs; and
‘‘(3) the effect of the programs on the academic achievement
of students participating in the programs, particularly students
who move from schools identified under section 1116 to schools
not so identified, and on the overall quality of participating
schools and districts.
‘‘SEC. 5247. DEFINITIONS.

20 USC 7225f.

‘‘In this subpart:
‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ has the
meaning given such term in section 5210.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) one or more State educational agencies;
‘‘(B) one or more local educational agencies; or
‘‘(C) a partnership of—
‘‘(i) one or more—

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‘‘(I) State educational agencies; and
‘‘(II) local educational agencies or other public,
for-profit, or nonprofit entities; or
‘‘(ii) one or more—
‘‘(I) local educational agencies; and
‘‘(II) public, for-profit, or nonprofit entities.
‘‘(3) LOW-PERFORMING SCHOOL.—The term ‘low-performing
school’ means a public elementary school or secondary school
that has failed to make adequate yearly progress, as described
in section 1111(b), for two or more consecutive years.

20 USC 7225g.

‘‘SEC. 5248. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this
subpart $100,000,000 for fiscal year 2002 and each of the 5 succeeding fiscal years.

‘‘PART C—MAGNET SCHOOLS ASSISTANCE
20 USC 7231.

‘‘SEC. 5301. FINDINGS AND PURPOSE.

‘‘(a) FINDINGS.—Congress makes the following findings:
‘‘(1) Magnet schools are a significant part of the Nation’s
effort to achieve voluntary desegregation in our Nation’s
schools.
‘‘(2) The use of magnet schools has increased dramatically
since the inception of the magnet schools assistance program
under this Act, with approximately 2,000,000 students nationwide attending such schools, of whom more than 65 percent
are non-white.
‘‘(3) Magnet schools offer a wide range of distinctive programs that have served as models for school improvement
efforts.
‘‘(4) It is in the best interests of the United States—
‘‘(A) to continue the Federal Government’s support of
local educational agencies that are implementing courtordered desegregation plans and local educational agencies
that are voluntarily seeking to foster meaningful interaction among students of different racial and ethnic backgrounds, beginning at the earliest stage of such students’
education;
‘‘(B) to ensure that all students have equitable access
to a high quality education that will prepare all students
to function well in a technologically oriented and a highly
competitive economy comprised of people from many different racial and ethnic backgrounds; and
‘‘(C) to continue to desegregate and diversify schools
by supporting magnet schools, recognizing that segregation
exists between minority and nonminority students as well
as among students of different minority groups.
‘‘(5) Desegregation efforts through magnet school programs
are a significant part of our Nation’s effort to achieve voluntary
desegregation in schools and help to ensure equal educational
opportunities for all students.
‘‘(b) PURPOSE.—The purpose of this part is to assist in the
desegregation of schools served by local educational agencies by
providing financial assistance to eligible local educational agencies
for—

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‘‘(1) the elimination, reduction, or prevention of minority
group isolation in elementary schools and secondary schools
with substantial proportions of minority students, which shall
include assisting in the efforts of the United States to achieve
voluntary desegregation in public schools;
‘‘(2) the development and implementation of magnet school
programs that will assist local educational agencies in achieving
systemic reforms and providing all students the opportunity
to meet challenging State academic content standards and student academic achievement standards;
‘‘(3) the development and design of innovative educational
methods and practices that promote diversity and increase
choices in public elementary schools and public secondary
schools and public educational programs;
‘‘(4) courses of instruction within magnet schools that will
substantially strengthen the knowledge of academic subjects
and the attainment of tangible and marketable vocational,
technological, and professional skills of students attending such
schools;
‘‘(5) improving the capacity of local educational agencies,
including through professional development, to continue operating magnet schools at a high performance level after Federal
funding for the magnet schools is terminated; and
‘‘(6) ensuring that all students enrolled in the magnet
school programs have equitable access to high quality education
that will enable the students to succeed academically and continue with postsecondary education or productive employment.
‘‘SEC. 5302. DEFINITION.

20 USC 7231a.

‘‘For the purpose of this part, the term ‘magnet school’ means
a public elementary school, public secondary school, public
elementary education center, or public secondary education center
that offers a special curriculum capable of attracting substantial
numbers of students of different racial backgrounds.
‘‘SEC. 5303. PROGRAM AUTHORIZED.

20 USC 7231b.

‘‘The Secretary, in accordance with this part, is authorized
to award grants to eligible local educational agencies, and consortia
of such agencies where appropriate, to carry out the purpose of
this part for magnet schools that are—
‘‘(1) part of an approved desegregation plan; and
‘‘(2) designed to bring students from different social, economic, ethnic, and racial backgrounds together.
‘‘SEC. 5304. ELIGIBILITY.

20 USC 7231c.

‘‘A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive a grant under this part
to carry out the purpose of this part if such agency or consortium—
‘‘(1) is implementing a plan undertaken pursuant to a
final order issued by a court of the United States, or a court
of any State, or any other State agency or official of competent
jurisdiction, that requires the desegregation of minority-groupsegregated children or faculty in the elementary schools and
secondary schools of such agency; or
‘‘(2) without having been required to do so, has adopted
and is implementing, or will, if a grant is awarded to such
local educational agency, or consortium of such agencies, under
this part, adopt and implement a plan that has been approved

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by the Secretary as adequate under title VI of the Civil Rights
Act of 1964 for the desegregation of minority-group-segregated
children or faculty in such schools.

20 USC 7231d.

‘‘SEC. 5305. APPLICATIONS AND REQUIREMENTS.

‘‘(a) APPLICATIONS.—An eligible local educational agency, or
consortium of such agencies, desiring to receive a grant under
this part shall submit an application to the Secretary at such
time, in such manner, and containing such information and assurances as the Secretary may reasonably require.
‘‘(b) INFORMATION AND ASSURANCES.—Each application submitted under subsection (a) shall include—
‘‘(1) a description of—
‘‘(A) how a grant awarded under this part will be
used to promote desegregation, including how the proposed
magnet school programs will increase interaction among
students of different social, economic, ethnic, and racial
backgrounds;
‘‘(B) the manner and extent to which the magnet school
program will increase student academic achievement in
the instructional area or areas offered by the school;
‘‘(C) how the applicant will continue the magnet school
program after assistance under this part is no longer available, and, if applicable, an explanation of why magnet
schools established or supported by the applicant with
grant funds under this part cannot be continued without
the use of grant funds under this part;
‘‘(D) how grant funds under this part will be used—
‘‘(i) to improve student academic achievement for
all students attending the magnet school programs;
and
‘‘(ii) to implement services and activities that are
consistent with other programs under this Act, and
other Acts, as appropriate; and
‘‘(E) the criteria to be used in selecting students to
attend the proposed magnet school program; and
‘‘(2) assurances that the applicant will—
‘‘(A) use grant funds under this part for the purposes
specified in section 5301(b);
‘‘(B) employ highly qualified teachers in the courses
of instruction assisted under this part;
‘‘(C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in—
‘‘(i) the hiring, promotion, or assignment of
employees of the applicant or other personnel for whom
the applicant has any administrative responsibility;
‘‘(ii) the assignment of students to schools, or to
courses of instruction within the schools, of such
applicant, except to carry out the approved plan; and
‘‘(iii) designing or operating extracurricular activities for students;
‘‘(D) carry out a high-quality education program that
will encourage greater parental decisionmaking and
involvement; and
‘‘(E) give students residing in the local attendance area
of the proposed magnet school program equitable consideration for placement in the program, consistent with

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desegregation guidelines and the capacity of the applicant
to accommodate the students.
‘‘(c) SPECIAL RULE.—No grant shall be awarded under this
part unless the Assistant Secretary of Education for Civil Rights
determines that the assurances described in subsection (b)(2)(C)
will be met.
‘‘SEC. 5306. PRIORITY.

20 USC 7231e.

‘‘In awarding grants under this part, the Secretary shall give
priority to applicants that—
‘‘(1) demonstrate the greatest need for assistance, based
on the expense or difficulty of effectively carrying out approved
desegregation plans and the magnet school program for which
the grant is sought;
‘‘(2) propose to carry out new magnet school programs,
or significantly revise existing magnet school programs; and
‘‘(3) propose to select students to attend magnet school
programs by methods such as lottery, rather than through
academic examination.
‘‘SEC. 5307. USE OF FUNDS.

20 USC 7231f.

‘‘(a) IN GENERAL.—Grant funds made available under this part
may be used by an eligible local educational agency, or consortium
of such agencies—
‘‘(1) for planning and promotional activities directly related
to the development, expansion, continuation, or enhancement
of academic programs and services offered at magnet schools;
‘‘(2) for the acquisition of books, materials, and equipment,
including computers and the maintenance and operation of
materials, equipment, and computers, necessary to conduct programs in magnet schools;
‘‘(3) for the compensation, or subsidization of the compensation, of elementary school and secondary school teachers who
are highly qualified, and instructional staff where applicable,
who are necessary to conduct programs in magnet schools;
‘‘(4) with respect to a magnet school program offered to
less than the entire student population of a school, for instructional activities that—
‘‘(A) are designed to make available the special curriculum that is offered by the magnet school program to
students who are enrolled in the school but who are not
enrolled in the magnet school program; and
‘‘(B) further the purpose of this part;
‘‘(5) for activities, which may include professional development, that will build the recipient’s capacity to operate magnet
school programs once the grant period has ended;
‘‘(6) to enable the local educational agency, or consortium
of such agencies, to have more flexibility in the administration
of a magnet school program in order to serve students attending
a school who are not enrolled in a magnet school program;
and
‘‘(7) to enable the local educational agency, or consortium
of such agencies, to have flexibility in designing magnet schools
for students in all grades.
‘‘(b) SPECIAL RULE.—Grant funds under this part may be used
for activities described in paragraphs (2) and (3) of subsection
(a) only if the activities are directly related to improving student
academic achievement based on the State’s challenging academic

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content standards and student academic achievement standards
or directly related to improving student reading skills or knowledge
of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving vocational, technological,
and professional skills.
20 USC 7231g.

‘‘SEC. 5308. PROHIBITION.

‘‘Grants under this part may not be used for transportation
or any activity that does not augment academic improvement.
20 USC 7231h.

‘‘SEC. 5309. LIMITATIONS.

‘‘(a) DURATION OF AWARDS.—A grant under this part shall
be awarded for a period that shall not exceed 3 fiscal years.
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local educational
agency, or consortium of such agencies, may expend for planning
(professional development shall not be considered to be planning
for purposes of this subsection) not more than 50 percent of the
grant funds received under this part for the first year of the program
and not more than 15 percent of such funds for each of the second
and third such years.
‘‘(c) AMOUNT.—No local educational agency, or consortium of
such agencies, awarded a grant under this part shall receive more
than $4,000,000 under this part for any 1 fiscal year.
‘‘(d) TIMING.—To the extent practicable, the Secretary shall
award grants for any fiscal year under this part not later than
July 1 of the applicable fiscal year.

Deadline.

20 USC 7231i.

‘‘SEC. 5310. EVALUATIONS.

‘‘(a) RESERVATION.—The Secretary may reserve not more than
2 percent of the funds appropriated under section 5311(a) for any
fiscal year to carry out evaluations, provide technical assistance,
and carry out dissemination projects with respect to magnet school
programs assisted under this part.
‘‘(b) CONTENTS.—Each evaluation described in subsection (a),
at a minimum, shall address—
‘‘(1) how and the extent to which magnet school programs
lead to educational quality and improvement;
‘‘(2) the extent to which magnet school programs enhance
student access to a high quality education;
‘‘(3) the extent to which magnet school programs lead to
the elimination, reduction, or prevention of minority group
isolation in elementary schools and secondary schools with
substantial proportions of minority students; and
‘‘(4) the extent to which magnet school programs differ
from other school programs in terms of the organizational
characteristics and resource allocations of such magnet school
programs.
‘‘(c) DISSEMINATION.—The Secretary shall collect and disseminate to the general public information on successful magnet school
programs.

Public
information.
20 USC 7231j.

‘‘SEC. 5311. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

‘‘(a) AUTHORIZATION.—For the purpose of carrying out this part,
there are authorized to be appropriated $125,000,000 for fiscal
year 2002 and such sums as may be necessary for each of the
5 succeeding fiscal years.
‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT
PREVIOUSLY ASSISTED.—In any fiscal year for which the amount

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appropriated pursuant to subsection (a) exceeds $75,000,000, the
Secretary shall give priority in using such amounts in excess of
$75,000,000 to awarding grants to local educational agencies or
consortia of such agencies that did not receive a grant under this
part in the preceding fiscal year.

‘‘PART D—FUND FOR THE IMPROVEMENT OF
EDUCATION
‘‘SEC. 5401. AUTHORIZATION OF APPROPRIATIONS.

20 USC 7241.

‘‘There are authorized to be appropriated to carry out this
part the following amounts:
‘‘(1) $550,000,000 for fiscal year 2002.
‘‘(2) $575,000,000 for fiscal year 2003.
‘‘(3) $600,000,000 for fiscal year 2004.
‘‘(4) $625,000,000 for fiscal year 2005.
‘‘(5) $650,000,000 for fiscal year 2006.
‘‘(6) $675,000,000 for fiscal year 2007.

‘‘Subpart 1—Fund for the Improvement of
Education
‘‘SEC. 5411. PROGRAMS AUTHORIZED.

20 USC 7243.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to support
nationally significant programs to improve the quality of elementary
and secondary education at the State and local levels and help
all children meet challenging State academic content and student
academic achievement standards. The Secretary may carry out such
programs directly, or through grants to, or contracts with—
‘‘(1) States or local educational agencies;
‘‘(2) institutions of higher education; and
‘‘(3) other public and private agencies, organizations, and
institutions.
‘‘(b) USES OF FUNDS.—Funds made available under section 5401
to carry out this subpart may be used for any of the following
programs:
‘‘(1) Activities to promote systemic education reform at
the State and local levels, including scientifically based
research, development, and evaluation designed to improve—
‘‘(A) student academic achievement at the State and
local level; and
‘‘(B) strategies for effective parent and community
involvement.
‘‘(2) Programs at the State and local levels that are designed
to yield significant results, including programs to explore
approaches to public school choice and school-based decisionmaking.
‘‘(3) Recognition programs, which may include financial
awards to States, local educational agencies, and schools that
have made the greatest progress, based on the Secretary’s
determination or on a nomination by the State in which the
school is located (or in the case of a Bureau funded school,
by the Secretary of the Interior) in—
‘‘(A) improving the academic achievement of economically disadvantaged students and students from major
racial and ethnic minority groups; and

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‘‘(B) closing the academic achievement gap for those
groups of students farthest away from the proficient level
on the academic assessments administered by the State
under section 1111.
‘‘(4) Scientifically based studies and evaluations of education reform strategies and innovations, and the dissemination
of information on the effectiveness of such strategies and
innovations.
‘‘(5) Identification and recognition of exemplary schools and
programs, such as Blue Ribbon Schools, including programs
to evaluate the effectiveness of using the best practices of
exemplary or Blue Ribbon Schools to improve academic achievement.
‘‘(6) Activities to support Scholar-Athlete Games programs,
including the World Scholar-Athlete Games and the U.S.
Scholar-Athlete Games.
‘‘(7) Programs to promote voter participation in American
elections through programs, such as the National Student/
Parent Mock Election and Kids Voting USA.
‘‘(8) Demonstrations relating to the planning and evaluation
of the effectiveness of programs under which local educational
agencies or schools contract with private management organizations to reform a school or schools.
‘‘(9) Other programs that meet the purposes of this Act.
‘‘(c) BASIS OF AWARDS.—The Secretary is authorized to—
‘‘(1) make awards under this subpart on the basis of competitions announced by the Secretary; and
‘‘(2) support meritorious unsolicited proposals for awards
under this subpart.
‘‘(d) EFFECTIVENESS OF PROGRAMS.—The Secretary shall ensure
that programs supported under this subpart are designed so that
their effectiveness is readily ascertainable, and shall ensure that
such effectiveness is assessed using rigorous, scientifically based
research and evaluations.
20 USC 7243a.

‘‘SEC. 5412. APPLICATIONS.

‘‘(a) SUBMISSION.—To be eligible for an award under this subpart, an entity shall submit an application to the Secretary, at
such time, in such manner, and containing such information as
the Secretary may require.
‘‘(b) CONTENTS.—Each application submitted under subsection
(a) shall—
‘‘(1) establish clear objectives, which are based on scientifically based research, for the proposed program; and
‘‘(2) describe the activities the applicant will carry out
in order to meet the objectives described in paragraph (1).
‘‘(c) PEER REVIEW.—The Secretary shall use a peer review
process in reviewing applications for awards under this subpart
and in recognizing States, local educational agencies, and schools
under section 5411(b)(3), only if funds are used for such recognition
programs. The Secretary may use funds appropriated under this
subpart for the cost of such peer review.
20 USC 7243b.

‘‘SEC. 5413. PROGRAM REQUIREMENTS.

‘‘(a) EVALUATIONS.—A recipient of an award under this subpart
shall—

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‘‘(1) evaluate the effectiveness of the program funded under
the award in achieving the objectives stated in applications
submitted under section 5412; and
‘‘(2) report to the Secretary such information as may be
required to determine the effectiveness of such program,
including evidence of progress toward meeting such objectives.
‘‘(b) DISSEMINATION OF EVALUATION RESULTS.—The Secretary
shall provide for the dissemination of the evaluations of programs
funded under this subpart by making the evaluations publicly available upon request, and shall provide public notice that the evaluations are so available.
‘‘(c) MATCHING FUNDS.—The Secretary may require recipients
of awards under this subpart to provide matching funds from nonFederal sources, and shall permit the recipients to match funds
in whole or in part with in-kind contributions.
‘‘(d) SPECIAL RULE FOR RECOGNITION PROGRAMS.—The application requirements of section 5412(b), and the evaluation requirements of subsections (a) and (b) of this section, do not apply to
recognition programs under section 5411(b)(3).
‘‘SEC. 5414. STUDIES OF NATIONAL SIGNIFICANCE.

Public
information.
Notice.

20 USC 7243c.

‘‘(a) STUDIES.—The Secretary shall conduct the following studies
of national significance:
‘‘(1) UNHEALTHY PUBLIC SCHOOL BUILDINGS.—A study
regarding the health and learning impacts of environmentally
unhealthy public school buildings on students and teachers.
The study shall include the following information:
‘‘(A) The characteristics of those public elementary
school and secondary school buildings that contribute to
unhealthy school environments.
‘‘(B) The health and learning impacts of environmental
unhealthy public school buildings on students that are
attending or that have attended such schools.
‘‘(C) Recommendations to Congress on how to assist
schools that are out of compliance with Federal or State
health and safety codes, and a cost estimate of bringing
up environmentally unhealthy public school buildings to
minimum Federal health and safety building standards.
‘‘(2) EXPOSURE TO VIOLENT ENTERTAINMENT.—A study
regarding how exposure to violent entertainment (such as in
movies, music, television, Internet content, video games, and
arcade games) affects children’s cognitive development and educational achievement.
‘‘(3) SEXUAL ABUSE IN SCHOOLS.—A study regarding the
prevalence of sexual abuse in schools, including recommendations and legislative remedies for addressing the problem of
sexual abuse in schools.
‘‘(b) COMPLETION DATE.—The studies under subsection (a) shall
be completed not later than 18 months after the date of enactment
of the No Child Left Behind Act of 2001.
‘‘(c) PUBLIC DISSEMINATION.—The Secretary shall make the
study conducted under subsection (a)(1) available to the public
through the Educational Resources Information Center National
Clearinghouse for Educational Facilities of the Department.

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‘‘Subpart 2—Elementary and Secondary School
Counseling Programs
20 USC 7245.

‘‘SEC. 5421. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.

‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized to award
grants to local educational agencies to enable such agencies
to establish or expand elementary school and secondary school
counseling programs that comply with the requirements of subsection (c)(2).
‘‘(2) SPECIAL CONSIDERATION.—In awarding grants under
this section, the Secretary shall give special consideration to
applications describing programs that—
‘‘(A) demonstrate the greatest need for new or additional counseling services among children in the schools
served by the local educational agency, in part by providing
information on current ratios of students to school counselors, students to school social workers, and students to
school psychologists;
‘‘(B) propose the most promising and innovative
approaches for initiating or expanding school counseling;
and
‘‘(C) show the greatest potential for replication and
dissemination.
‘‘(3) EQUITABLE DISTRIBUTION.—In awarding grants under
this section, the Secretary shall ensure an equitable geographic
distribution among the regions of the United States and among
local educational agencies located in urban, rural, and suburban
areas.
‘‘(4) DURATION.—A grant under this section shall be
awarded for a period not to exceed 3 years.
‘‘(5) MAXIMUM GRANT.—A grant awarded under this section
shall not exceed $400,000 for any fiscal year.
‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds made available
under this section shall be used to supplement, and not supplant, other Federal, State, or local funds used for providing
school-based counseling and mental health services to students.
‘‘(b) APPLICATIONS.—
‘‘(1) IN GENERAL.—Each local educational agency desiring
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably require.
‘‘(2) CONTENTS.—Each application for a grant under this
section shall—
‘‘(A) describe the school population to be targeted by
the program, the particular counseling needs of such population, and the current school counseling resources available for meeting such needs;
‘‘(B) describe the activities, services, and training to
be provided by the program and the specific approaches
to be used to meet the needs described in subparagraph
(A);
‘‘(C) describe the methods to be used to evaluate the
outcomes and effectiveness of the program;

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‘‘(D) describe how the local educational agency will
involve community groups, social service agencies, and
other public and private entities in collaborative efforts
to enhance the program and promote school-linked services
integration;
‘‘(E) document that the local educational agency has
the personnel qualified to develop, implement, and administer the program;
‘‘(F) describe how diverse cultural populations, if
applicable, will be served through the program;
‘‘(G) assure that the funds made available under this
subpart for any fiscal year will be used to supplement,
and not supplant, any other Federal, State, or local funds
used for providing school-based counseling and mental
health services to students; and
‘‘(H) assure that the applicant will appoint an advisory
board composed of interested parties, including parents,
teachers, school administrators, counseling services providers described in subsection (c)(2)(D), and community
leaders, to advise the local educational agency on the design
and implementation of the program.
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—The Secretary is authorized to award
grants to local educational agencies to enable the local educational agencies to initiate or expand elementary school or
secondary school counseling programs that comply with the
requirements of paragraph (2).
‘‘(2) REQUIREMENTS.—Each program funded under this section shall—
‘‘(A) be comprehensive in addressing the counseling
and educational needs of all students;
‘‘(B) use a developmental, preventive approach to counseling;
‘‘(C) increase the range, availability, quantity, and
quality of counseling services in the elementary schools
and secondary schools of the local educational agency;
‘‘(D) expand counseling services through qualified
school counselors, school social workers, school psychologists, other qualified psychologists, or child and adolescent
psychiatrists;
‘‘(E) use innovative approaches to increase children’s
understanding of peer and family relationships, work and
self, decisionmaking, or academic and career planning, or
to improve peer interaction;
‘‘(F) provide counseling services in settings that meet
the range of student needs;
‘‘(G) include in-service training appropriate to the
activities funded under this Act for teachers, instructional
staff, and appropriate school personnel, including in-service
training in appropriate identification and early intervention
techniques by school counselors, school social workers,
school psychologists, other qualified psychologists, and child
and adolescent psychiatrists;
‘‘(H) involve parents of participating students in the
design, implementation, and evaluation of the counseling
program;

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‘‘(I) involve community groups, social service agencies,
or other public or private entities in collaborative efforts
to enhance the program and promote school-linked integration of services;
‘‘(J) evaluate annually the effectiveness and outcomes
of the counseling services and activities assisted under
this section;
‘‘(K) ensure a team approach to school counseling in
the schools served by the local educational agency by
working toward ratios recommended by the American
School Health Association of one school counselor to 250
students, one school social worker to 800 students, and
one school psychologist to 1,000 students; and
‘‘(L) ensure that school counselors, school psychologists,
other qualified psychologists, school social workers, or child
and adolescent psychiatrists paid from funds made available under this section spend a majority of their time
counseling students or in other activities directly related
to the counseling process.
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than
4 percent of the amounts made available under this section for
any fiscal year may be used for administrative costs to carry out
this section.
‘‘(e) DEFINITIONS.—For the purpose of this section—
‘‘(1) the term ‘child and adolescent psychiatrist’ means an
individual who—
‘‘(A) possesses State medical licensure; and
‘‘(B) has completed residency training programs in both
general psychiatry and child and adolescent psychiatry;
‘‘(2) the term ‘other qualified psychologist’ means an individual who has demonstrated competence in counseling children
in a school setting and who—
‘‘(A) is licensed in psychology by the State in which
the individual works; and
‘‘(B) practices in the scope of the individual’s education,
training, and experience with children in school settings;
‘‘(3) the term ‘school counselor’ means an individual who
has documented competence in counseling children and adolescents in a school setting and who—
‘‘(A) is licensed by the State or certified by an independent professional regulatory authority;
‘‘(B) in the absence of such State licensure or certification, possesses national certification in school counseling
or a specialty of counseling granted by an independent
professional organization; or
‘‘(C) holds a minimum of a master’s degree in school
counseling from a program accredited by the Council for
Accreditation of Counseling and Related Educational Programs or the equivalent;
‘‘(4) the term ‘school psychologist’ means an individual
who—
‘‘(A) has completed a minimum of 60 graduate semester
hours in school psychology from an institution of higher
education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours
are in the school setting;

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‘‘(B) is licensed or certified in school psychology by
the State in which the individual works; or
‘‘(C) in the absence of such State licensure or certification, possesses national certification by the National
School Psychology Certification Board; and
‘‘(5) the term ‘school social worker’ means an individual
who—
‘‘(A) holds a master’s degree in social work from a
program accredited by the Council on Social Work Education; and
‘‘(B)(i) is licensed or certified by the State in which
services are provided; or
‘‘(ii) in the absence of such State licensure or certification, possesses a national credential or certification as
a school social work specialist granted by an independent
professional organization.
‘‘(f) REPORT.—Not later than 2 years after assistance is made
available to local educational agencies under subsection (c), the
Secretary shall make publicly available a report—
‘‘(1) evaluating the programs assisted pursuant to each
grant under this subpart; and
‘‘(2) outlining the information from local educational agencies regarding the ratios of students to—
‘‘(A) school counselors;
‘‘(B) school social workers; and
‘‘(C) school psychologists.
‘‘(g) SPECIAL RULE.—
‘‘(1) AMOUNT EQUALS OR EXCEEDS $40,000,000.—If the amount
of funds made available by the Secretary for this subpart equals
or exceeds $40,000,000, the Secretary shall award not less
than $40,000,000 in grants to local educational agencies to
enable the agencies to establish or expand counseling programs
in elementary schools.
‘‘(2) AMOUNT LESS THAN $40,000,000.—If the amount of funds
made available by the Secretary for this subpart is less than
$40,000,000, the Secretary shall award grants to local educational agencies only to establish or expand counseling programs in elementary schools.

Deadline.

‘‘Subpart 3—Partnerships in Character Education
‘‘SEC. 5431. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.

20 USC 7247.

‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized to award
grants to eligible entities for the design and implementation
of character education programs that—
‘‘(A) are able to be integrated into classroom instruction
and to be consistent with State academic content standards;
and
‘‘(B) are able to be carried out in conjunction with
other educational reform efforts.
‘‘(2) ELIGIBLE ENTITY.—In this section, the term ‘eligible
entity’ means—
‘‘(A) a State educational agency in partnership with—
‘‘(i) one or more local educational agencies; or
‘‘(ii) one or more—
‘‘(I) local educational agencies; and

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‘‘(II) nonprofit organizations or entities,
including an institution of higher education;
‘‘(B) a local educational agency or consortium of local
educational agencies; or
‘‘(C) a local educational agency in partnership with
one or more nonprofit organizations or entities, including
an institution of higher education.
‘‘(3) DURATION.—Each grant under this section shall be
awarded for a period not to exceed 5 years, of which the
eligible entity may not use more than 1 year for planning
and program design.
‘‘(4) AMOUNT OF GRANTS FOR STATE EDUCATIONAL AGENCIES.—Subject to the availability of appropriations, the amount
of a grant made by the Secretary to a State educational agency
under this section shall not be less than $500,000 if the State
educational agency—
‘‘(A) is in a partnership described in paragraph (2)(A);
and
‘‘(B) meets such requirements as the Secretary may
establish under this section.
‘‘(b) CONTRACTS UNDER PROGRAM.—
‘‘(1) EVALUATION.—Each eligible entity awarded a grant
under this section may contract with outside sources, including
institutions of higher education and private and nonprofit
organizations, for the purposes of—
‘‘(A) evaluating the program for which the assistance
is made available;
‘‘(B) measuring the integration of such program into
the curriculum and teaching methods of schools where
the program is carried out; and
‘‘(C) measuring the success of such program in fostering
the elements of character selected by the recipient under
subsection (c).
‘‘(2) MATERIALS AND PROGRAM DEVELOPMENT.—Each eligible
entity awarded a grant under this section may contract with
outside sources, including institutions of higher education and
private and nonprofit organizations, for assistance in—
‘‘(A) developing secular curricula, materials, teacher
training, and other activities related to character education;
and
‘‘(B) integrating secular character education into the
curricula and teaching methods of schools where the program is carried out.
‘‘(c) ELEMENTS OF CHARACTER.—
‘‘(1) SELECTION.—
‘‘(A) IN GENERAL.—Each eligible entity awarded a grant
under this section may select the elements of character
that will be taught under the program for which the grant
was awarded.
‘‘(B) CONSIDERATION OF VIEWS.—In selecting elements
of character under subparagraph (A), the eligible entity
shall consider the views of the parents of the students
to be taught under the program and the views of the
students.
‘‘(2) EXAMPLE ELEMENTS.—Elements of character selected
under this subsection may include any of the following:
‘‘(A) Caring.

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‘‘(B) Civic virtue and citizenship.
‘‘(C) Justice and fairness.
‘‘(D) Respect.
‘‘(E) Responsibility.
‘‘(F) Trustworthiness.
‘‘(G) Giving.
‘‘(H) Any other elements deemed appropriate by the
eligible entity.
‘‘(d) USE OF FUNDS BY STATE EDUCATIONAL AGENCY RECIPIENTS.—Of the total funds received in any fiscal year under this
section by an eligible entity that is a State educational agency—
‘‘(1) not more than 3 percent of such funds may be used
for administrative purposes; and
‘‘(2) the remainder of such funds may be used for—
‘‘(A) collaborative initiatives with and between local
educational agencies and schools;
‘‘(B) the preparation or purchase of materials, and
teacher training;
‘‘(C) providing assistance to local educational agencies,
schools, or institutions of higher education; and
‘‘(D) technical assistance and evaluation.
‘‘(e) APPLICATION.—
‘‘(1) IN GENERAL.—Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
‘‘(2) REQUIRED INFORMATION.—Each application for a grant
under this section shall include (together with any other
information that the Secretary may require) information that—
‘‘(A) demonstrates that the program for which the grant
is sought has clear objectives that are based on scientifically
based research;
‘‘(B) describes any partnerships or collaborative efforts
among the organizations and entities of the eligible entity;
‘‘(C) describes the activities that will be carried out
with the grant funds and how such activities will meet
the objectives described in subparagraph (A), including—
‘‘(i) how parents, students, students with disabilities (including those with mental or physical disabilities), and other members of the community, including
members of private and nonprofit organizations, will
be involved in the design and implementation of the
program and how the eligible entity will work with
the larger community to increase the reach and
promise of the program;
‘‘(ii) curriculum and instructional practices that
will be used or developed; and
‘‘(iii) methods of teacher training and parent education that will be used or developed;
‘‘(D) describes how the program for which the grant
is sought will be linked to other efforts to improve academic
achievement, including—
‘‘(i) broader educational reforms that are being
instituted by the eligible entity or its partners; and
‘‘(ii) State academic content standards;
‘‘(E) in the case of an eligible entity that is a State
educational agency, describes how the State educational
agency—

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‘‘(i) will provide technical and professional assistance to its local educational agency partners in the
development and implementation of character education programs; and
‘‘(ii) will assist other interested local educational
agencies that are not members of the original partnership in designing and establishing character education
programs;
‘‘(F) describes how the eligible entity will evaluate the
success of its program—
‘‘(i) based on the objectives described in subparagraph (A); and
‘‘(ii) in cooperation with any national evaluation
conducted pursuant to subsection (h)(2)(B)(iii); and
‘‘(G) assures that the eligible entity annually will provide to the Secretary such information as may be required
to determine the effectiveness of the program.
‘‘(f) SELECTION OF RECIPIENTS.—
‘‘(1) PEER REVIEW.—
‘‘(A) IN GENERAL.—In selecting eligible entities to
receive grants under this section from among the applicants
for such grants, the Secretary shall use a peer review
process that includes the participation of experts in the
field of character education and development.
‘‘(B) USE OF FUNDS.—The Secretary may use funds
appropriated under this section for the cost of carrying
out peer reviews under this paragraph.
‘‘(2) SELECTION CRITERIA.—Each selection under paragraph
(1) shall be made on the basis of the quality of the application
submitted, taking into consideration such factors as—
‘‘(A) the extent to which the program fosters character
in students and the potential for improved student academic achievement;
‘‘(B) the extent and ongoing nature of parental, student,
and community involvement;
‘‘(C) the quality of the plan for measuring and assessing
success; and
‘‘(D) the likelihood that the objectives of the program
will be achieved.
‘‘(3) EQUITABLE DISTRIBUTION.—In making selections under
this subsection, the Secretary shall ensure, to the extent practicable under paragraph (2), that the programs assisted under
this section are equitably distributed among the geographic
regions of the United States, and among urban, suburban,
and rural areas.
‘‘(g) PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND
TEACHERS.—Each eligible entity that receives a grant under this
section shall provide, to the extent feasible and appropriate, for
the participation in programs and activities under this section of
students and teachers in private elementary schools and secondary
schools.
‘‘(h) EVALUATION AND PROGRAM DEVELOPMENT.—
‘‘(1) STATE AND LOCAL REPORTING AND EVALUATION.—Each
eligible entity receiving a grant under this section shall submit
to the Secretary a comprehensive evaluation of the program
assisted under this section, including its impact on students,

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students with disabilities (including those with mental or physical disabilities), teachers, administrators, parents, and others—
‘‘(A) by the end of the second year of the program;
and
‘‘(B) not later than 1 year after completion of the grant
period.
‘‘(2) NATIONAL RESEARCH, DISSEMINATION, AND EVALUATION.—
‘‘(A) IN GENERAL.—
‘‘(i) AUTHORIZATION.—The Secretary is authorized
to award grants to, or enter into contracts or cooperative agreements with, State educational agencies or
local educational agencies, institutions of higher education, tribal organizations, or other public or private
agencies or organizations to carry out research,
development, dissemination, technical assistance, and
evaluation activities that support or inform State and
local character education programs.
‘‘(ii) RESERVATION OF FUNDS.—The Secretary shall
reserve not more than 5 percent of the funds made
available under this section to carry out this paragraph.
‘‘(B) USES.—Funds made available under subparagraph
(A) may be used for the following:
‘‘(i) Conducting research and development activities that focus on matters such as—
‘‘(I) the extent to which schools are undertaking character education initiatives;
‘‘(II) the effectiveness of instructional models
for all students, including students with disabilities (including those with mental or physical
disabilities);
‘‘(III) materials and curricula for use by programs in character education;
‘‘(IV) models of professional development in
character education;
‘‘(V) the development of measures of effectiveness for character education programs (which may
include the factors described in paragraph (3));
and
‘‘(VI) the effectiveness of State and local programs receiving funds under this section.
‘‘(ii) Providing technical assistance to State and
local programs, particularly on matters of program
evaluation.
‘‘(iii) Conducting evaluations of State and local
programs receiving funding under this section, that
may be conducted through a national clearinghouse
under clause (iv).
‘‘(iv) Compiling and disseminating, through a
national clearinghouse or other means—
‘‘(I) information on model character education
programs;
‘‘(II) information about high quality character
education materials and curricula;
‘‘(III) research findings in the area of character
education and character development; and

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(IV) any other information that will be useful
to character education program participants
nationwide, including educators, parents, and
administrators.
‘‘(C) PARTNERSHIPS.—In carrying out national activities
under this paragraph, the Secretary may enter into partnerships with national nonprofit character education
organizations and institutions of higher education with
expertise and successful experience in implementing—
‘‘(i) character education programs that had an
effective impact on schools, students, students with
disabilities (including those with mental or physical
disabilities), and teachers; or
‘‘(ii) character education program evaluation and
research.
‘‘(D) PARTNERSHIP FOR ACTIVITIES UNDER SUBPARAGRAPH (B)(iv).—In carrying out national activities under
subparagraph (B)(iv), the Secretary may enter into a partnership with a national nonprofit character education
organization that will disseminate information to educators, parents, administrators, and others nationwide,
including information about the range of model character
education programs, materials, and curricula.
‘‘(E) REPORT.—Each entity awarded a grant or entering
into a contract or cooperative agreement under this paragraph shall submit an annual report to the Secretary that—
‘‘(i) describes the entity’s progress in carrying out
research, development, dissemination, evaluation, and
technical assistance under this paragraph;
‘‘(ii) identifies unmet and future information needs
in the field of character education; and
‘‘(iii) if applicable, describes the progress of the
entity in carrying out the requirements of subparagraph (B)(iv), including a listing of—
‘‘(I) the number of requests for information
received by the entity in the course of carrying
out such requirements;
‘‘(II) the types of organizations making such
requests; and
‘‘(III) the types of information requested.
‘‘(3) FACTORS.—Factors that may be considered in evaluating the success of programs funded under this section include
the following:
‘‘(A) Discipline issues.
‘‘(B) Student academic achievement.
‘‘(C) Participation in extracurricular activities.
‘‘(D) Parental and community involvement.
‘‘(E) Faculty and administration involvement.
‘‘(F) Student and staff morale.
‘‘(G) Overall improvements in school climate for all
students, including students with disabilities (including
those with mental or physical disabilities).
‘‘(i) PERMISSIVE MATCH.—
‘‘(1) IN GENERAL.—The Secretary may require eligible entities to match funds awarded under this section with nonFederal funds, except that the amount of the match may not
exceed the amount of the grant award.

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‘‘(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding scale that
takes into account—
‘‘(A) the poverty of the population to be targeted by
the eligible entity; and
‘‘(B) the ability of the eligible entity to obtain funding
for the match.
‘‘(3) IN-KIND CONTRIBUTIONS.—The Secretary shall permit
eligible entities to match funds in whole or in part with inkind contributions.
‘‘(4) CONSIDERATION.—Notwithstanding this subsection, the
Secretary in making awards under this section shall not consider the ability of an eligible entity to match funds.

‘‘Subpart 4—Smaller Learning Communities
‘‘SEC. 5441. SMALLER LEARNING COMMUNITIES.

20 USC 7249.

‘‘(a) GRANT AUTHORITY.—The Secretary is authorized to award
grants to local educational agencies to enable the agencies to create
a smaller learning community or communities.
‘‘(b) APPLICATION.—Each local educational agency desiring a
grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. The application shall
include descriptions of the following:
‘‘(1) Strategies and methods the local educational agency
will use to create the smaller learning community or communities.
‘‘(2) Curriculum and instructional practices, including any
particular themes or emphases, to be used in the smaller
learning environment.
‘‘(3) The extent of involvement of teachers and other school
personnel in investigating, designing, implementing, and sustaining the smaller learning community or communities.
‘‘(4) The process to be used for involving students, parents,
and other stakeholders in the development and implementation
of the smaller learning community or communities.
‘‘(5) Any cooperation or collaboration among community
agencies, organizations, businesses, and others to develop or
implement a plan to create the smaller learning community
or communities.
‘‘(6) The training and professional development activities
that will be offered to teachers and others involved in the
activities assisted under this subpart.
‘‘(7) The objectives of the activities assisted under this
subpart, including a description of how such activities will
better enable all students to reach challenging State academic
content standards and State student academic achievement
standards.
‘‘(8) The methods by which the local educational agency
will assess progress in meeting the objectives described in paragraph (7).
‘‘(9) If the smaller learning community or communities
exist as a school-within-a-school, the relationship, including
governance and administration, of the smaller learning community to the remainder of the school.

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‘‘(10) The administrative and managerial relationship
between the local educational agency and the smaller learning
community or communities, including how such agency will
demonstrate a commitment to the continuity of the smaller
learning community or communities (including the continuity
of student and teacher assignment to a particular learning
community).
‘‘(11) How the local educational agency will coordinate or
use funds provided under this subpart with other funds provided under this Act or other Federal laws.
‘‘(12) The grade levels or ages of students who will participate in the smaller learning community or communities.
‘‘(13) The method of placing students in the smaller
learning community or communities, such that students are
not placed according to ability or any other measure, but are
placed at random or by their own choice, and not pursuant
to testing or other judgments.
‘‘(c) AUTHORIZED ACTIVITIES.—Funds under this section may
be used for one or more of the following:
‘‘(1) To study—
‘‘(A) the feasibility of creating the smaller learning
community or communities; and
‘‘(B) effective and innovative organizational and
instructional strategies that will be used in the smaller
learning community or communities.
‘‘(2) To research, develop, and implement—
‘‘(A) strategies for creating the smaller learning
community or communities; and
‘‘(B) strategies for effective and innovative changes in
curriculum and instruction, geared to challenging State
academic content standards and State student academic
achievement standards.
‘‘(3) To provide professional development for school staff
in innovative teaching methods that—
‘‘(A) challenge and engage students; and
‘‘(B) will be used in the smaller learning community
or communities.
‘‘(4) To develop and implement strategies to include parents, business representatives, local institutions of higher education, community-based organizations, and other community
members in the smaller learning communities as facilitators
of activities that enable teachers to participate in professional
development activities and provide links between students and
their community.

‘‘Subpart 5—Reading Is Fundamental—
Inexpensive Book Distribution Program
20 USC 7251.

‘‘SEC.

5451.

INEXPENSIVE BOOK DISTRIBUTION
READING MOTIVATION.

PROGRAM

FOR

‘‘(a) PURPOSE.—The purpose of this subpart is to establish
and implement a model partnership between a governmental entity
and a private entity, to help prepare young children for reading
and to motivate older children to read, through the distribution
of inexpensive books. Local reading motivation programs assisted
under this section shall use such assistance to provide books,
training for volunteers, motivational activities, and other essential

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literacy resources and shall assign the highest priority to serving
the youngest and neediest children in the United States.
‘‘(b) AUTHORIZATION.—The Secretary is authorized to enter into
a contract with Reading Is Fundamental (RIF) (hereafter in this
section referred to as the ‘contractor’) to support and promote programs, which include the distribution of inexpensive books to young
and school-age children, that motivate children to read.
‘‘(c) REQUIREMENTS OF CONTRACT.—Any contract entered into
under subsection (b) shall contain each of the following:
‘‘(1) A provision that the contractor will enter into subcontracts with local private nonprofit groups or organizations,
or with public agencies, under which each subcontractor will
agree to establish, operate, and provide the non-Federal share
of the cost of reading motivation programs that include the
distribution of books, by gift (to the extent feasible) or by
loan, to children from birth through secondary school age,
including children in family literacy programs.
‘‘(2) A provision that funds made available to subcontractors
will be used only to pay the Federal share of the cost of
such programs.
‘‘(3) A provision that, in selecting subcontractors for initial
funding, the contractor will give priority to programs that will
serve a substantial number or percentage of children with
special needs, such as the following:
‘‘(A) Low-income children, particularly in high-poverty
areas.
‘‘(B) Children at risk of school failure.
‘‘(C) Children with disabilities.
‘‘(D) Foster children.
‘‘(E) Homeless children.
‘‘(F) Migrant children.
ildren without access to libraries.
‘‘(H) Institutionalized or incarcerated children.
‘‘(I) Children whose parents are institutionalized or
incarcerated.
‘‘(4) A provision that the contractor will provide such
training and technical assistance to subcontractors as may be
necessary to carry out the purpose of this subpart.
‘‘(5) A provision that the contractor will annually report
to the Secretary the number, and a description, of programs
funded under paragraph (3).
‘‘(6) Such other terms and conditions as the Secretary determines to be appropriate to ensure the effectiveness of such
programs.
‘‘(d) RESTRICTION ON PAYMENTS.—The Secretary shall make
no payment of the Federal share of the cost of acquiring and
distributing books under any contract under this section unless
the Secretary determines that the contractor or subcontractor, as
the case may be, has made arrangements with book publishers
or distributors to obtain books at discounts at least as favorable
as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in
the absence of Federal assistance.
‘‘(e) SPECIAL RULES FOR CERTAIN SUBCONTRACTORS.—
‘‘(1) FUNDS FROM OTHER FEDERAL SOURCES.—Subcontractors operating programs under this section in low-income

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communities with a substantial number or percentage of children with special needs, as described in subsection (c)(3), may
use funds from other Federal sources to pay the non-Federal
share of the cost of the program, if those funds do not comprise
more than 50 percent of the non-Federal share of the funds
used for the cost of acquiring and distributing books.
‘‘(2) WAIVER AUTHORITY.—Notwithstanding subsection (c),
the contractor may waive, in whole or in part, the requirement
in subsection (c)(1) for a subcontractor, if the subcontractor
demonstrates that it would otherwise not be able to participate
in the program, and enters into an agreement with the contractor with respect to the amount of the non-Federal share
to which the waiver will apply. In a case in which such a
waiver is granted, the requirement in subsection (c)(2) shall
not apply.
‘‘(f) MULTI-YEAR CONTRACTS.—The contractor may enter into
a multi-year subcontract under this section, if—
‘‘(1) the contractor believes that such subcontract will provide the subcontractor with additional leverage in seeking local
commitments; and
‘‘(2) the subcontract does not undermine the finances of
the national program.
‘‘(g) FEDERAL SHARE DEFINED.—In this section, the term ‘Federal share’ means, with respect to the cost to a subcontractor
of purchasing books to be paid for under this section, 75 percent
of such costs to the subcontractor, except that the Federal share
for programs serving children of migrant or seasonal farmworkers
shall be 100 percent of such costs to the subcontractor.
Jacob K. Javits
Gifted and
Talented
Students
Education Act of
2001.
20 USC 7253.
20 USC 7253a.

‘‘Subpart 6—Gifted and Talented Students
‘‘SEC. 5461. SHORT TITLE.

‘‘This subpart may be cited as the ‘Jacob K. Javits Gifted
and Talented Students Education Act of 2001’.
‘‘SEC. 5462. PURPOSE.

‘‘The purpose of this subpart is to initiate a coordinated program
of scientifically based research, demonstration projects, innovative
strategies, and similar activities designed to build and enhance
the ability of elementary schools and secondary schools nationwide
to meet the special educational needs of gifted and talented students.
20 USC 7253b.

‘‘SEC. 5463. RULE OF CONSTRUCTION.

Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving gifted and talented students simultaneously with students with similar educational needs, in the same educational settings, where appropriate.
20 USC 7253c.

‘‘SEC. 5464. AUTHORIZED PROGRAMS.

‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) is authorized to make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, other public agencies,
and other private agencies and organizations (including Indian
tribes and Indian organizations (as such terms are defined

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in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)) and Native Hawaiian organizations) to assist such agencies, institutions, and organizations
in carrying out programs or projects authorized by this subpart
that are designed to meet the educational needs of gifted and
talented students, including the training of personnel in the
education of gifted and talented students and in the use, where
appropriate, of gifted and talented services, materials, and
methods for all students.
‘‘(2) APPLICATION.—Each entity seeking assistance under
this subpart shall submit an application to the Secretary at
such time, in such manner, and containing such information
as the Secretary may reasonably require. Each such application
shall describe how—
‘‘(A) the proposed gifted and talented services, materials, and methods can be adapted, if appropriate, for use
by all students; and
‘‘(B) the proposed programs can be evaluated.
‘‘(b) USE OF FUNDS.—Programs and projects assisted under
this section may include each of the following:
‘‘(1) Conducting—
‘‘(A) scientifically based research on methods and techniques for identifying and teaching gifted and talented
students and for using gifted and talented programs and
methods to serve all students; and
‘‘(B) program evaluations, surveys, and the collection,
analysis, and development of information needed to accomplish the purpose of this subpart.
‘‘(2) Carrying out professional development (including
fellowships) for personnel (including leadership personnel)
involved in the education of gifted and talented students.
‘‘(3) Establishing and operating model projects and exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating students who may not be served by traditional gifted and talented
programs (such as summer programs, mentoring programs,
service learning programs, and cooperative programs involving
business, industry, and education).
‘‘(4) Implementing innovative strategies, such as cooperative learning, peer tutoring, and service learning.
‘‘(5) Carrying out programs of technical assistance and
information dissemination, including assistance and information with respect to how gifted and talented programs and
methods, where appropriate, may be adapted for use by all
students.
‘‘(6) Making materials and services available through State
regional educational service centers, institutions of higher education, or other entities.
‘‘(7) Providing funds for challenging, high-level course work,
disseminated through technologies (including distance
learning), for individual students or groups of students in
schools and local educational agencies that would not otherwise
have the resources to provide such course work.
‘‘(c) SPECIAL RULE.—To the extent that funds appropriated to
carry out this subpart for a fiscal year beginning with fiscal year
2002 exceed such funds appropriated for fiscal year 2001, the Secretary shall use such excess funds to award grants, on a competitive

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basis, to State educational agencies, local educational agencies,
or both, to implement activities described in subsection (b).
‘‘(d) CENTER FOR RESEARCH AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall establish a National Research Center for the
Education of Gifted and Talented Children and Youth through
grants to, or contracts with, one or more institutions of higher
education or State educational agencies, or a combination or
consortium of such institutions and agencies and other public
or private agencies and organizations, for the purpose of carrying out activities described in subsection (b).
‘‘(2) DIRECTOR.—The National Center shall be headed by
a Director. The Secretary may authorize the Director to carry
out such functions of the National Center as may be agreed
upon through arrangements with institutions of higher education, State educational agencies, local educational agencies,
or other public or private agencies and organizations.
‘‘(3) FUNDING.—The Secretary may use not more than 30
percent of the funds made available under this subpart for
fiscal year 2001 to carry out this subsection.
‘‘(e) COORDINATION.—Scientifically based research activities
supported under this subpart—
‘‘(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by such Office; and
‘‘(2) may include collaborative scientifically based research
activities which are jointly funded and carried out with such
Office.
20 USC 7253d.

‘‘SEC. 5465. PROGRAM PRIORITIES.

‘‘(a) GENERAL PRIORITY.—In carrying out this subpart, the Secretary shall give highest priority to programs and projects designed
to develop new information that—
‘‘(1) improves the capability of schools to plan, conduct,
and improve programs to identify and serve gifted and talented
students; and
‘‘(2) assists schools in the identification of, and provision
of services to, gifted and talented students (including economically disadvantaged individuals, individuals with limited
English proficiency, and individuals with disabilities) who may
not be identified and served through traditional assessment
methods.
‘‘(b) SERVICE PRIORITY.—The Secretary shall ensure that not
less than 50 percent of the applications approved under section
5464(a)(2) in a fiscal year address the priority described in subsection (a)(2).
20 USC 7253e.

‘‘SEC. 5466. GENERAL PROVISIONS.

‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND
TEACHERS.—In making grants and entering into contracts under
this subpart, the Secretary shall ensure, where appropriate, that
provision is made for the equitable participation of students and
teachers in private nonprofit elementary schools and secondary
schools, including the participation of teachers and other personnel
in professional development programs serving such students.

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‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—The Secretary
shall—
‘‘(1) use a peer review process in reviewing applications
under this subpart;
‘‘(2) ensure that information on the activities and results
of programs and projects funded under this subpart is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations,
including nonprofit private organizations; and
‘‘(3) evaluate the effectiveness of programs under this subpart in accordance with section 9601, in terms of the impact
on students traditionally served in separate gifted and talented
programs and on other students, and submit the results of
such evaluation to Congress not later than 2 years after the
date of enactment of the No Child Left Behind Act of 2001.
‘‘(c) PROGRAM OPERATIONS.—The Secretary shall ensure that
the programs under this subpart are administered within the
Department by a person who has recognized professional qualifications and experience in the field of the education of gifted and
talented students and who shall—
‘‘(1) administer and coordinate the programs authorized
under this subpart;
‘‘(2) serve as a focal point of national leadership and
information on the educational needs of gifted and talented
students and the availability of educational services and programs designed to meet such needs;
‘‘(3) assist the Assistant Secretary for Educational Research
and Improvement in identifying research priorities that reflect
the needs of gifted and talented students; and
‘‘(4) shall disseminate, and consult on, the information
developed under this subpart with other offices within the
Department.

‘‘Subpart 7—Star Schools Program
‘‘SEC. 5471. SHORT TITLE.

Deadline.

Star Schools Act.
20 USC 7255.

‘‘This subpart may be cited as the ‘Star Schools Act’.
‘‘SEC. 5472. PURPOSES.

20 USC 7255a.

‘‘The purposes of this subpart are the following:
‘‘(1) To encourage improved instruction in mathematics,
science, and foreign languages as well as other subjects (such
as literacy skills and vocational education).
‘‘(2) To serve underserved populations, including disadvantaged, illiterate, limited English proficient populations, and
individuals with disabilities through a Star Schools program
under which grants are made to eligible telecommunication
partnerships to enable such partnerships—
‘‘(A) to develop, construct, acquire, maintain, and
operate telecommunications audio and visual facilities and
equipment;
‘‘(B) to develop and acquire educational and instructional programming; and
‘‘(C) to obtain technical assistance for the use of such
facilities and instructional programming.

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115 STAT. 1830
20 USC 7255b.

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 5473. GRANT PROGRAM AUTHORIZED.

‘‘(a) AUTHORIZATION.—The Secretary, in conjunction with the
Office of Educational Technology, is authorized to make grants,
in accordance with the provisions of this subpart, to eligible entities
to pay the Federal share of the cost of the following:
‘‘(1) Development, construction, acquisition, maintenance,
and operation of telecommunications facilities and equipment.
‘‘(2) Development and acquisition of live, interactive
instructional programming.
‘‘(3) Development and acquisition of preservice and
inservice teacher training programs based on established
research regarding teacher-to-teacher mentoring, and ongoing,
in-class instruction.
‘‘(4) Establishment of teleconferencing facilities and
resources for making interactive training available to teachers.
‘‘(5) Obtaining technical assistance.
‘‘(6) Coordination of the design and connectivity of telecommunications networks to reach the greatest number of
schools.
‘‘(b) DURATION AND AMOUNT.—
‘‘(1) IN GENERAL.—A grant under this section may not
exceed—
‘‘(A) 5 years in duration (subject to subsection (c));
and
‘‘(B) $10,000,000 in any single fiscal year.
‘‘(c) RENEWAL.—
‘‘(1) IN GENERAL.—Grants awarded under subsection (a)
may be renewed for a single additional period of 3 years.
‘‘(2) CONTINUING ELIGIBILITY.—In order to be eligible to
receive a grant renewal under this subsection, a grant recipient
shall demonstrate, to the satisfaction of the Secretary, in an
addendum to its application submitted under section 5474,
that the grant recipient will—
‘‘(A) continue to provide services in the subject areas
and geographic areas assisted with funds received under
this subpart for the previous grant period; and
‘‘(B) use all grant funds received under this subpart
for the 3 year renewal period to provide expanded services
by—
‘‘(i) increasing the number of students, schools,
or school districts served by the courses of instruction
assisted under this part in the previous fiscal year;
‘‘(ii) providing new courses of instruction; and
‘‘(iii) serving new populations of underserved
individuals, such as children or adults who are disadvantaged, have limited English proficiency, are
individuals with disabilities, are illiterate, or lack secondary school diplomas or their recognized equivalent.
‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Grant funds received
under this subsection shall be used to supplement, and not
supplant, services provided by the grant recipient under this
subpart in the previous fiscal year.
‘‘(d) RESERVATIONS.—
‘‘(1) INSTRUCTIONAL PROGRAMMING.—At least 25 percent
of the funds made available to the Secretary for any fiscal
year under this subpart shall be used for the cost of instructional programming.

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‘‘(2) LOCAL EDUCATIONAL AGENCY ASSISTANCE.—At least 50
percent of the funds available in any fiscal year under this
subpart shall be used for the cost of facilities, equipment,
teacher training or retraining, technical assistance, or programming, for local educational agencies that are eligible to receive
assistance under part A of title I.
‘‘(e) FEDERAL SHARE.—
‘‘(1) AMOUNT.—The Federal share of the cost of projects
funded under this section shall not exceed the following
amounts:
‘‘(A) 75 percent for the first and second years for which
an eligible telecommunications partnership receives a grant
under this subpart.
‘‘(B) 60 percent for the third and fourth such years.
‘‘(C) 50 percent for the fifth such year.
‘‘(2) REDUCTION OR WAIVER.—The Secretary may reduce
or waive the corresponding non-Federal share under paragraph
(1) upon a showing of financial hardship.
‘‘(f) REQUIRED LOCAL EDUCATIONAL AGENCY PARTICIPATION.—
The Secretary is authorized to make a grant under this section
to any eligible entity, if at least one local educational agency is
participating in the proposed program.
‘‘(g) ASSISTANCE OBTAINING SATELLITE TIME.—The Secretary
may assist recipients of grants made under this section in acquiring
satellite time, where appropriate, as economically as possible.
‘‘SEC. 5474. APPLICATIONS.

20 USC 7255c.

‘‘(a) SUBMISSION.—Each eligible entity that desires to receive
a grant under section 5473 shall submit an application to the
Secretary, at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably
require.
‘‘(b) CONTENTS.—An application submitted under subsection (a)
shall include each of the following:
‘‘(1) A description of how the proposed program will assist
all students to have an opportunity to meet challenging State
academic achievement standards, how such program will assist
State and local educational reform efforts, and how such program will contribute to creating a high-quality system of educational development.
‘‘(2) A description of the telecommunications facilities and
equipment and technical assistance for which assistance is
sought, which may include—
‘‘(A) the design, development, construction, acquisition,
maintenance, and operation of State or multistate educational telecommunications networks and technology
resource centers;
‘‘(B) microwave, fiber optics, cable, and satellite transmission equipment or any combination thereof;
‘‘(C) reception facilities;
‘‘(D) satellite time;
‘‘(E) production facilities;
‘‘(F) other telecommunications equipment capable of
serving a wide geographic area;
‘‘(G) the provision of training services to instructors
who will be using the facilities and equipment for which

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assistance is sought, including training in using such facilities and equipment and training in integrating programs
into the classroom curriculum; and
‘‘(H) the development of educational and related
programming for use on a telecommunications network.
‘‘(3) In the case of an application for assistance for instructional programming, a description of the types of programming
that will be developed to enhance instruction and training
and provide an assurance that such programming will be
designed in consultation with professionals (including classroom
teachers) who are experts in the applicable subject matter
and grade level.
‘‘(4) A description of how the eligible entity has engaged
in sufficient survey and analysis of the area to be served
to ensure that the services offered by the eligible entity will
increase the availability of courses of instruction in English,
mathematics, science, foreign languages, arts, history, geography, or other disciplines.
‘‘(5) A description of the professional development policies
for teachers and other school personnel to be implemented
to ensure the effective use of the telecommunications facilities
and equipment for which assistance is sought.
‘‘(6) A description of the manner in which historically
underserved students (such as students from low-income families, limited English proficient students, students with disabilities, or students who have low literacy skills) and their families, will participate in the benefits of the telecommunications
facilities, equipment, technical assistance, and programming
assisted under this subpart.
‘‘(7) A description of how existing telecommunications
equipment, facilities, and services, where available, will be
used.
‘‘(8) An assurance that the financial interest of the United
States in the telecommunications facilities and equipment will
be protected for the useful life of such facilities and equipment.
‘‘(9) An assurance that a significant portion of any facilities
and equipment, technical assistance, and programming for
which assistance is sought for elementary schools and secondary
schools will be made available to schools or local educational
agencies that have a high number or percentage of children
eligible to be counted under part A of title I.
‘‘(10) An assurance that the applicant will use the funds
provided under this subpart to supplement, and not supplant,
funds available for the purposes of this subpart.
‘‘(11) A description of how funds received under this subpart
will be coordinated with funds received for educational technology in the classroom.
‘‘(12) A description of the activities or services for which
assistance is sought, such as—
‘‘(A) providing facilities, equipment, training services,
and technical assistance;
‘‘(B) making programs accessible to students with
disabilities through mechanisms such as closed captioning
and descriptive video services;
‘‘(C) linking networks around issues of national importance (such as elections) or to provide information about

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employment opportunities, job training, or student and
other social service programs;
‘‘(D) sharing curriculum resources between networks
and development of program guides which demonstrate
cooperative, cross-network listing of programs for specific
curriculum areas;
‘‘(E) providing teacher and student support services,
including classroom and training support materials which
permit student and teacher involvement in the live interactive distance learning telecasts;
‘‘(F) incorporating community resources, such as
libraries and museums, into instructional programs;
‘‘(G) providing professional development for teachers,
including, as appropriate, training to early childhood
development and Head Start teachers and staff and vocational education teachers and staff, and adult and family
educators;
‘‘(H) providing programs for adults to maximize the
use of telecommunications facilities and equipment;
‘‘(I) providing teacher training on proposed or established models of exemplary academic content standards
in mathematics and science and other disciplines as such
standards are developed; and
‘‘(J) providing parent education programs during and
after the regular school day which reinforce a student’s
course of study and actively involve parents in the learning
process.
‘‘(13) A description of how the proposed program as a
whole will be financed and how arrangements for future
financing will be developed before the program expires.
‘‘(14) An assurance that a significant portion of any facilities, equipment, technical assistance, and programming for
which assistance is sought for elementary schools and secondary
schools will be made available to schools in local educational
agencies that have a high percentage of children counted for
the purpose of part A of title I.
‘‘(15) An assurance that the applicant will provide such
information and cooperate in any evaluation that the Secretary
may conduct under this subpart.
‘‘(16) Such additional assurances as the Secretary may
reasonably require.
‘‘(c) APPROVAL.—In approving applications submitted under subsection (a) for grants under section 5473, the Secretary shall—
‘‘(1) to the extent feasible, ensure an equitable geographic
distribution of services provided under this subpart.
‘‘(2) give priority to applications describing programs that—
‘‘(A) propose high-quality plans, will provide instruction
consistent with State academic content standards, or will
otherwise provide significant and specific assistance to
States and local educational agencies undertaking systemic
education reform;
‘‘(B) will provide services to programs serving adults,
especially parents, with low levels of literacy;
‘‘(C) will serve schools with significant numbers of children counted for the purposes of part A of title I;
‘‘(D) ensure that the eligible entity will—

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‘‘(i) serve the broadest range of institutions, programs providing instruction outside of the school setting, programs serving adults, especially parents, with
low levels of literacy, institutions of higher education,
teacher training centers, research institutes, and private industry;
‘‘(ii) have substantial academic and teaching
capabilities, including the capability of training,
retraining, and inservice upgrading of teaching skills
and the capability to provide professional development;
‘‘(iii) provide a comprehensive range of courses for
educators to teach instructional strategies for students
with different skill levels;
‘‘(iv) provide training to participating educators
in ways to integrate telecommunications courses into
existing school curriculum;
‘‘(v) provide instruction for students, teachers, and
parents;
‘‘(vi) serve a multistate area; and
‘‘(vii) give priority to the provision of equipment
and linkages to isolated areas; and
‘‘(E) involve a telecommunications entity (such as a
satellite, cable, telephone, computer, or public or private
television stations) participating in the eligible entity and
donating equipment or in-kind services for telecommunications linkages.

20 USC 7255d.

‘‘SEC. 5475. OTHER GRANT ASSISTANCE.

‘‘(a) SPECIAL STATEWIDE NETWORK.—
‘‘(1) IN GENERAL.—The Secretary, in conjunction with the
Office of Educational Technology, may provide assistance to
a statewide telecommunications network if such network—
‘‘(A) provides 2-way full-motion interactive video and
audio communications;
‘‘(B) links together public colleges and universities and
secondary schools throughout the State; and
‘‘(C) meets any other requirements determined appropriate by the Secretary.
‘‘(2) MATCHING CONTRIBUTION.—A statewide telecommunications network assisted under paragraph (1) shall contribute,
either directly or through private contributions, non-Federal
funds equal to not less than 50 percent of the cost of such
network.
‘‘(b) SPECIAL LOCAL NETWORK.—
‘‘(1) IN GENERAL.—The Secretary is authorized to provide
assistance, on a competitive basis, to a local educational agency,
or a consortium of such agencies, to enable such agency or
consortium to establish a high-technology demonstration program.
‘‘(2) PROGRAM REQUIREMENTS.—A high-technology demonstration program assisted under paragraph (1) shall—
‘‘(A) include 2-way full-motion interactive video, audio,
and text communications;
‘‘(B) link together elementary schools and secondary
schools, colleges, and universities;
‘‘(C) provide parent participation and family programs;
‘‘(D) include a staff development program; and

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‘‘(E) have a significant contribution and participation
from business and industry.
‘‘(3) MATCHING REQUIREMENT.—A local educational agency
or consortium receiving a grant under paragraph (1) shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the
amount of the grant.
‘‘(c) TELECOMMUNICATIONS PROGRAMS FOR CONTINUING EDUCATION.—
‘‘(1) AUTHORITY.—The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to develop
and operate one or more programs that provide online access
to educational resources in support of continuing education
and curriculum requirements relevant to achieving a secondary
school diploma or its recognized equivalent. The program
authorized by this subsection shall be designed to advance
adult literacy, secondary school completion, and the acquisition
of specified competency by the end of the 12th grade.
‘‘(2) APPLICATIONS.—Each eligible entity desiring a grant
under this subsection shall submit an application to the Secretary. The application shall include each of the following:
‘‘(A) A demonstration that the applicant will use publicly funded or free public telecommunications infrastructure to deliver video, voice, and data in an integrated
service to support and assist in the acquisition of a secondary school diploma or its recognized equivalent.
‘‘(B) An assurance that the content of the materials
to be delivered is consistent with the accreditation requirements of the State for which such materials are used.
‘‘(C) To the extent feasible, materials developed in the
Federal departments and agencies and under appropriate
federally funded programs.
‘‘(D) An assurance that the applicant has the technological and substantive experience to carry out the program.
‘‘(E) Such additional assurances as the Secretary may
reasonably require.
‘‘SEC. 5476. ADMINISTRATIVE PROVISIONS.

20 USC 7255e.

‘‘(a) LEADERSHIP, EVALUATION, AND PEER REVIEW.—
‘‘(1) RESERVATION OF FUNDS.—The Secretary may reserve
not more than 5 percent of the amount made available to
carry out this subpart for a fiscal year for national leadership,
evaluation, and peer review activities, which the Secretary
may carry out directly or through grants, contracts, and
cooperative agreements.
‘‘(2) LEADERSHIP.—Funds reserved for leadership activities
under paragraph (1) may be used for—
‘‘(A) disseminating information, including lists and
descriptions of services available from grant recipients
under this subpart; and
‘‘(B) other activities designed to enhance the quality
of distance learning activities nationwide.
‘‘(3) EVALUATION.—Funds reserved for evaluation activities
under paragraph (1) may be used to conduct independent
evaluations of the activities assisted under this subpart and
of distance learning in general, including—

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‘‘(A) analyses of distance learning efforts (including
such efforts that are, or are not, assisted under this subpart); and
‘‘(B) comparisons of the effects (including student outcomes) of different technologies in distance learning efforts.
‘‘(4) PEER REVIEW.—Funds reserved for peer review activities under paragraph (1) may be used for peer review of—
‘‘(A) applications for grants under this subpart; and
‘‘(B) activities assisted under this subpart.
‘‘(b) COORDINATION.—The Department, the National Science
Foundation, the Department of Agriculture, the Department of Commerce, and any other Federal department or agency operating a
telecommunications network for educational purposes, shall coordinate the activities assisted under this subpart with the activities
of such department or agency relating to a telecommunications
network for educational purposes.
‘‘(c) FUNDS FROM OTHER AGENCIES.—The Secretary may accept
funds from other Federal departments or agencies to carry out
the purposes of this subpart, including funds for the purchase
of equipment.
‘‘(d) AVAILABILITY OF FUNDS.—Funds made available to carry
out this subpart shall remain available until expended.
‘‘(e) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—The Secretary shall encourage each entity receiving funds under this subpart to provide—
‘‘(1) closed captioning of the verbal content of the entity’s
programming, as appropriate; and
‘‘(2) descriptive video of the visual content of the entity’s
programming, as appropriate.
20 USC 7255f.

‘‘SEC. 5477. DEFINITIONS.

‘‘In this subpart:
‘‘(1) EDUCATIONAL INSTITUTION.—The term ‘educational
institution’ means an institution of higher education, a local
educational agency, or a State educational agency.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ includes
any of the following that is organized on a Statewide or
multistate basis:
‘‘(A) A public agency or corporation established for
the purpose of developing and operating telecommunications networks to enhance educational opportunities provided by educational institutions, teacher training centers,
and other entities, except that any such agency or corporation shall represent the interests of elementary schools
and secondary schools that are eligible to participate in
the program under part A of title I.
‘‘(B) A partnership that will provide telecommunications services and that includes three or more of the
following entities, at least one of which shall be an agency
described in clause (i) or (ii):
‘‘(i) A local educational agency that serves a significant number of elementary schools and secondary
schools that are eligible for assistance under part A
of title I, or elementary schools and secondary schools
operated or funded for Indian children by the Department of the Interior eligible under section
1121(d)(1)(A).

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‘‘(ii) A State educational agency.
‘‘(iii) An adult and family education program.
‘‘(iv) An institution of higher education or a State
higher education agency (as that term is defined in
section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003)).
‘‘(v) A teacher training center or academy that—
‘‘(I) provides teacher preservice and inservice
training; and
‘‘(II) receives Federal financial assistance or
has been approved by a State agency;
‘‘(vi)(I) A public or private entity with experience
and expertise in the planning and operation of a telecommunications network, including entities involved
in telecommunications through satellite, cable, telephone, or computer; or
‘‘(II) a public broadcasting entity with such experience.
‘‘(vii) A public or private elementary school or secondary school.
‘‘(3) INSTRUCTIONAL PROGRAMMING.—The term ‘instructional programming’ means courses of instruction and training
courses for elementary and secondary students, teachers, and
others, and materials for use in such instruction and training
that have been prepared in audio and visual form on tape,
disc, film, or live, and presented by means of telecommunications devices.
‘‘(4) PUBLIC BROADCASTING ENTITY.—The term ‘public
broadcasting entity’ has the same meaning given such term
in section 397 of the Communications Act of 1934 (47 U.S.C.
397).

‘‘Subpart 8—Ready to Teach
‘‘SEC. 5481. GRANTS.

20 USC 7257.

‘‘(a) IN GENERAL.—The Secretary is authorized to award grants
to a nonprofit telecommunications entity, or partnership of such
entities, for the purpose of carrying out a national telecommunications-based program to improve teaching in core curriculum areas.
The program shall be designed to assist elementary school and
secondary school teachers in preparing all students to achieve challenging State academic content and student academic achievement
standards in core curriculum areas.
‘‘(b) DIGITAL EDUCATIONAL PROGRAMMING.—The Secretary is
authorized to award grants, as provided for in section 5484, to
eligible entities described in subsection (b) of such section, to enable
such entities to develop, produce, and distribute innovative educational and instructional video programming that is designed for
use by elementary schools and secondary schools and based on
challenging State academic content and student academic achievement standards. In awarding such grants, the Secretary shall
ensure that eligible entities enter into multiyear content development collaborative arrangements with State educational agencies,
local educational agencies, institutions of higher education,
businesses, or other agencies or organizations.

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PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 5482. APPLICATION REQUIRED.

‘‘(a) GENERAL APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a grant under
section 5481(a), a nonprofit telecommunications entity, or partnership of such entities shall submit an application to the
Secretary. Each such application shall—
‘‘(A) demonstrate that the applicant will use the public
broadcasting infrastructure, the Internet, and school digital
networks, where available, to deliver video and data in
an integrated service to train teachers in the use of materials and learning technologies for achieving challenging
State academic content and student academic achievement
standards;
‘‘(B) ensure that the project for which assistance is
sought will be conducted in cooperation with appropriate
State educational agencies, local educational agencies, and
State or local nonprofit public telecommunications entities;
‘‘(C) ensure that a significant portion of the benefits
available for elementary schools and secondary schools from
the project for which assistance is sought will be available
to schools of local educational agencies that have a high
percentage of children counted for the purpose of part
A of title I; and
‘‘(D) contain such additional assurances as the Secretary may reasonably require.
‘‘(2) SITES.—In approving applications under paragraph (1),
the Secretary shall ensure that the program authorized by
section 5481(a) is conducted at elementary school and secondary
school sites throughout the United States.
‘‘(b) PROGRAMMING APPLICATION.—To be eligible to receive a
grant under section 5481(b), an entity shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably require.
20 USC 7257b.

‘‘SEC. 5483. REPORTS AND EVALUATION.

‘‘An entity receiving a grant under section 5481(a) shall prepare
and submit to the Secretary an annual report that contains such
information as the Secretary may require. At a minimum, such
report shall describe the program activities undertaken with funds
received under the grant, including—
‘‘(1) the core curriculum areas for which program activities
have been undertaken and the number of teachers using the
program in each core curriculum area; and
‘‘(2) the States in which teachers using the program are
located.
20 USC 7257c.

‘‘SEC. 5484. DIGITAL EDUCATIONAL PROGRAMMING GRANTS.

‘‘(a) GRANTS.—The Secretary is authorized to award grants
under section 5481(b) to eligible entities to facilitate the development of educational programming that shall—
‘‘(1) include student assessment tools to provide feedback
on student academic achievement;
‘‘(2) include built-in teacher utilization and support components to ensure that teachers understand and can easily use
the content of the programming with group instruction or for
individual student use;

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‘‘(3) be created for, or adaptable to, challenging State academic content standards and student academic achievement
standards; and
‘‘(4) be capable of distribution through digital broadcasting
and school digital networks.
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under
section 5481(b), an entity shall be a local public telecommunications
entity, as defined in section 397(12) of the Communications Act
of 1934, that is able to demonstrate a capacity for the development
and distribution of educational and instructional television programming of high quality.
‘‘(c) COMPETITIVE BASIS.—Grants under section 5481(b) shall
be awarded on a competitive basis as determined by the Secretary.
‘‘(d) MATCHING REQUIREMENT.—To be eligible to receive a grant
under section 5481(b), an entity shall contribute to the activities
assisted under such grant non-Federal matching funds in an amount
equal to not less than 100 percent of the amount of the grant.
Such matching funds may include funds provided for the transition
to digital broadcasting, as well as in-kind contributions.
‘‘(e) DURATION.—A grant under section 5481(b) shall be awarded
for a period of 3 years in order to provide a sufficient period
of time for the creation of a substantial body of significant content.
‘‘SEC. 5485. ADMINISTRATIVE COSTS.

20 USC 7257d.

‘‘An entity that receives a grant under this subpart may not
use more than 5 percent of the amount received under the grant
for administrative costs.

‘‘Subpart 9—Foreign Language Assistance
Program
‘‘SEC. 5491. SHORT TITLE.

Foreign
Language
Assistance Act of
2001.
20 USC 7259.

‘‘This subpart may be cited as the ‘Foreign Language Assistance
Act of 2001’.
‘‘SEC. 5492. PROGRAM AUTHORIZED.

20 USC 7259a.

‘‘(a) PROGRAM AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary is authorized to make
grants, on a competitive basis, to State educational agencies
or local educational agencies to pay the Federal share of the
cost of innovative model programs providing for the establishment, improvement, or expansion of foreign language study
for elementary school and secondary school students.
‘‘(2) DURATION.—Each grant under paragraph (1) shall be
awarded for a period of 3 years.
‘‘(b) REQUIREMENTS.—
‘‘(1) GRANTS TO STATE EDUCATIONAL AGENCIES.—In
awarding a grant under subsection (a) to a State educational
agency, the Secretary shall support programs that promote
systemic approaches to improving foreign language learning
in the State.
‘‘(2) GRANTS TO LOCAL EDUCATIONAL AGENCIES.—In
awarding a grant under subsection (a) to a local educational
agency, the Secretary shall support programs that—
‘‘(A) show the promise of being continued beyond the
grant period;

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‘‘(B) demonstrate approaches that can be disseminated
and duplicated in other local educational agencies; and
‘‘(C) may include a professional development component.
‘‘(c) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share for each fiscal year
shall be 50 percent.
‘‘(2) WAIVER.—Notwithstanding paragraph (1), the Secretary may determine the Federal share for any local educational agency which the Secretary determines does not have
adequate resources to pay the non-Federal share of the cost
of the activities assisted under this subpart.
‘‘(d) SPECIAL RULE.—Not less than 3⁄4 of the funds made available under section 5401 to carry out this subpart shall be used
for the expansion of foreign language learning in the elementary
grades.
‘‘(e) RESERVATION.—The Secretary may reserve not more than
5 percent of funds made available under section 5401 to carry
out this subpart for a fiscal year to evaluate the efficacy of programs
assisted under this subpart.
20 USC 7259b.

‘‘SEC. 5493. APPLICATIONS.

‘‘(a) IN GENERAL.—Any State educational agency or local educational agency desiring a grant under this subpart shall submit
an application to the Secretary at such time, in such manner,
and containing such information and assurances as the Secretary
may require.
‘‘(b) SPECIAL CONSIDERATION.—The Secretary shall give special
consideration to applications describing programs that—
‘‘(1) include intensive summer foreign language programs
for professional development;
‘‘(2) link nonnative English speakers in the community
with the schools in order to promote two-way language learning;
‘‘(3) promote the sequential study of a foreign language
for students, beginning in elementary schools;
‘‘(4) make effective use of technology, such as computerassisted instruction, language laboratories, or distance learning,
to promote foreign language study;
‘‘(5) promote innovative activities, such as foreign language
immersion, partial foreign language immersion, or contentbased instruction; and
‘‘(6) are carried out through a consortium comprised of
the agency receiving the grant and an elementary school or
secondary school.
20 USC 7259c.

‘‘SEC. 5494. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE
PROGRAM.

‘‘(a) INCENTIVE PAYMENTS.—From amounts made available
under section 5401 to carry out this subpart, the Secretary shall
make an incentive payment for each fiscal year to each public
elementary school that provides to students attending such school
a program designed to lead to communicative competency in a
foreign language.
‘‘(b) AMOUNT.—The Secretary shall determine the amount of
the incentive payment under subsection (a) for each public
elementary school for each fiscal year on the basis of the number
of students participating in a program described in such subsection
at such school for such year compared to the total number of

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such students at all such schools in the United States for such
year.
‘‘(c) REQUIREMENT.—The Secretary shall consider a program
to be designed to lead to communicative competency in a foreign
language if such program is comparable to a program that provides
not less than 45 minutes of instruction in a foreign language for
not fewer than 4 days per week throughout an academic year.

‘‘Subpart 10—Physical Education
‘‘SEC. 5501. SHORT TITLE.

‘‘This subpart may be cited as the ‘Carol M. White Physical
Education Program’.
‘‘SEC. 5502. PURPOSE.

Carol M. White
Physical
Education
Program.
20 USC 7261.
20 USC 7261a.

‘‘The purpose of this subpart is to award grants and contracts
to initiate, expand, and improve physical education programs for
all kindergarten through 12th-grade students.
20 USC 7261b.

‘‘SEC. 5503. PROGRAM AUTHORIZED.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award
grants to local educational agencies and community-based organizations (such as Boys and Girls Clubs, Boy Scouts and Girl Scouts,
and the Young Men’s Christian Organization (YMCA) and Young
Women’s Christian Organization (YWCA)) to pay the Federal share
of the costs of initiating, expanding, and improving physical education programs (including after-school programs) for kindergarten
through 12th-grade students by—
‘‘(1) providing equipment and support to enable students
to participate actively in physical education activities; and
‘‘(2) providing funds for staff and teacher training and
education.
‘‘(b) PROGRAM ELEMENTS.—A physical education program
funded under this subpart may provide for one or more of the
following:
‘‘(1) Fitness education and assessment to help students
understand, improve, or maintain their physical well-being.
‘‘(2) Instruction in a variety of motor skills and physical
activities designed to enhance the physical, mental, and social
or emotional development of every student.
‘‘(3) Development of, and instruction in, cognitive concepts
about motor skill and physical fitness that support a lifelong
healthy lifestyle.
‘‘(4) Opportunities to develop positive social and cooperative
skills through physical activity participation.
‘‘(5) Instruction in healthy eating habits and good nutrition.
‘‘(6) Opportunities for professional development for teachers
of physical education to stay abreast of the latest research,
issues, and trends in the field of physical education.
‘‘(c) SPECIAL RULE.—For the purpose of this subpart, extracurricular activities, such as team sports and Reserve Officers’
Training Corps (ROTC) program activities, shall not be considered
as part of the curriculum of a physical education program assisted
under this subpart.
‘‘SEC. 5504. APPLICATIONS.

20 USC 7261c.

‘‘(a) SUBMISSION.—Each local educational agency or communitybased organization desiring a grant or contract under this subpart

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shall submit to the Secretary an application that contains a plan
to initiate, expand, or improve physical education programs in
order to make progress toward meeting State standards for physical
education.
‘‘(b) PRIVATE SCHOOL AND HOME-SCHOOLED STUDENTS.—An
application for funds under this subpart may provide for the participation, in the activities funded under this subpart, of—
‘‘(1) students enrolled in private nonprofit elementary
schools or secondary schools, and their parents and teachers;
or
‘‘(2) home-schooled students, and their parents and
teachers.
20 USC 7261d.

‘‘SEC. 5505. REQUIREMENTS.

‘‘(a) ANNUAL REPORT TO THE SECRETARY.—In order to continue
receiving funding after the first year of a multiyear grant or contract
under this subpart, the administrator of the grant or contract
for the local educational agency or community-based organization
shall submit to the Secretary an annual report that—
‘‘(1) describes the activities conducted during the preceding
year; and
‘‘(2) demonstrates that progress has been made toward
meeting State standards for physical education.
‘‘(b) ADMINISTRATIVE EXPENSES.—Not more than 5 percent of
the grant funds made available to a local educational agency or
community-based organization under this subpart for any fiscal
year may be used for administrative expenses.
20 USC 7261e.

‘‘SEC. 5506. ADMINISTRATIVE PROVISIONS.

‘‘(a) FEDERAL SHARE.—The Federal share under this subpart
may not exceed—
‘‘(1) 90 percent of the total cost of a program for the
first year for which the program receives assistance under
this subpart; and
‘‘(2) 75 percent of such cost for the second and each subsequent such year.
‘‘(b) PROPORTIONALITY.—To the extent practicable, the Secretary
shall ensure that grants awarded under this subpart shall be equitably distributed among local educational agencies and communitybased organizations serving urban and rural areas.
‘‘(c) REPORT TO CONGRESS.—Not later than June 1, 2003, the
Secretary shall submit a report to Congress that—
‘‘(1) describes the programs assisted under this subpart;
‘‘(2) documents the success of such programs in improving
physical fitness; and
‘‘(3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of
the programs assisted under this subpart.
‘‘(d) AVAILABILITY OF FUNDS.—Amounts made available to the
Secretary to carry out this subpart shall remain available until
expended.

Deadline.

20 USC 7261f.

‘‘SEC. 5507. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available under this subpart shall be used to
supplement, and not supplant, any other Federal, State, or local
funds available for physical education activities.

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‘‘Subpart 11—Community Technology Centers
‘‘SEC. 5511. PURPOSE AND PROGRAM AUTHORIZATION.

20 USC 7263.

‘‘(a) PURPOSE.—It is the purpose of this subpart to assist eligible
applicants—
‘‘(1) to create or expand community technology centers that
will provide disadvantaged residents of economically distressed
urban and rural communities with access to information technology and related training; and
‘‘(2) to provide technical assistance and support to community technology centers.
‘‘(b) PROGRAM AUTHORIZATION.—The Secretary is authorized,
in conjunction with the Office of Educational Technology, to award
grants, contracts, or cooperative agreements, on a competitive basis,
for a period of not more than 3 years, to eligible applicants in
order to assist such applicants in—
‘‘(1) creating or expanding community technology centers;
or
‘‘(2) providing technical assistance and support to community technology centers.
‘‘(3) SERVICE OF AMERICORPS PARTICIPANTS.—The Secretary
may collaborate with the Chief Executive Officer of the Corporation for National and Community Service on the use in community technology centers of participants in National Service programs carried out under subtitle C of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12571 et seq.).
‘‘SEC. 5512. ELIGIBILITY AND APPLICATION REQUIREMENTS.

20 USC 7263a.

‘‘(a) ELIGIBLE APPLICANTS.—In order to be eligible to receive
an award under this subpart, an applicant shall—
‘‘(1) be an entity (such as a foundation, museum, library,
for-profit business, public or private nonprofit organization,
or community-based organization), an institution of higher education, a State educational agency, a local education agency,
or a consortium of such entities, institutions, or agencies; and
‘‘(2) have the capacity to significantly expand access to
computers and related services for disadvantaged residents of
economically distressed urban and rural communities (who
would otherwise be denied such access).
‘‘(b) APPLICATION REQUIREMENTS.—In order to receive an award
under this subpart, an eligible applicant shall submit an application
to the Secretary at such time, and containing such information,
as the Secretary may require. The application shall include each
of the following:
‘‘(1) A description of the proposed project, including a
description of the magnitude of the need for the services and
how the project would expand access to information technology
and related services to disadvantaged residents of an economically distressed urban or rural community.
‘‘(2) A demonstration of—
‘‘(A) the commitment, including the financial commitment, of entities (such as institutions, organizations, business and other groups in the community) that will provide
support for the creation, expansion, and continuation of
the proposed project; and
‘‘(B) the extent to which the proposed project coordinates with other appropriate agencies, efforts, and

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organizations providing services to disadvantaged residents
of an economically distressed urban or rural community.
‘‘(3) A description of how the proposed project would be
sustained once the Federal funds awarded under this subpart
end.
‘‘(4) A plan for the evaluation of the program, which shall
include benchmarks to monitor progress toward specific project
objectives.
‘‘(c) MATCHING REQUIREMENTS.—The Federal share of the cost
of any project funded under this subpart shall not exceed 50 percent.
The non-Federal share of such project may be in cash or in kind,
fairly evaluated, including services.
20 USC 7263b.

‘‘SEC. 5513. USES OF FUNDS.

‘‘(a) REQUIRED USES.—A recipient shall use funds under this
subpart for—
‘‘(1) creating or expanding community technology centers
that expand access to information technology and related
training for disadvantaged residents of distressed urban or
rural communities; and
‘‘(2) evaluating the effectiveness of the project.
‘‘(b) PERMISSIBLE USES.—A recipient may use funds under this
subpart for activities, described in its application, that carry out
the purposes of this subpart, such as—
‘‘(1) supporting a center coordinator, and staff, to supervise
instruction and build community partnerships;
‘‘(2) acquiring equipment, networking capabilities, and
infrastructure to carry out the project; and
‘‘(3) developing and providing services and activities for
community residents that provide access to computers, information technology, and the use of such technology in support
of preschool preparation, academic achievement, educational
development, and workforce development, such as the following:
‘‘(A) After-school activities in which children and
youths use software that provides academic enrichment
and assistance with homework, develop their technical
skills, explore the Internet, and participate in multimedia
activities, including web page design and creation.
‘‘(B) Adult education and family literacy activities
through technology and the Internet, including—
‘‘(i) General Education Development, Language
Instruction Educational Programs, and adult basic education classes or programs;
‘‘(ii) introduction to computers;
‘‘(iii) intergenerational activities; and
‘‘(iv) educational development opportunities.
‘‘(C) Career development and job preparation activities,
such as—
‘‘(i) training in basic and advanced computer skills;
‘‘(ii) resume writing workshops; and
‘‘(iii) access to databases of employment opportunities, career information, and other online materials.
‘‘(D) Small business activities, such as—
‘‘(i) computer-based training for basic entrepreneurial skills and electronic commerce; and
‘‘(ii) access to information on business start-up programs that is available online, or from other sources.

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‘‘(E) Activities that provide home access to computers
and technology, such as assistance and services to promote
the acquisition, installation, and use of information technology in the home through low-cost solutions such as
networked computers, web-based television devices, and
other technology.

‘‘Subpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for Alaska Natives, Native Hawaiians, and Their Historical
Whaling and Trading Partners in Massachusetts
‘‘SEC. 5521. SHORT TITLE.

Alaska Native
and Native
Hawaiian
Education
Through Cultural
and Historical
Organizations
Act.
20 USC 7265.

‘‘This subpart may be cited as the ‘Alaska Native and Native
Hawaiian Education Through Cultural and Historical Organizations
Act’.
‘‘SEC. 5522. FINDINGS AND PURPOSES.

20 USC 7265a.

‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) Alaska Natives and Native Hawaiians have been linked
for over 200 years to the coastal towns of Salem, Massachusetts,
and New Bedford, Massachusetts, through the China trade
from Salem and whaling voyages from New Bedford.
‘‘(2) Nineteenth-century trading ships sailed from Salem,
Massachusetts, around Cape Horn of South America, and up
the Northwest coast of the United States to Alaska, where
their crews traded with Alaska Native people for furs, and
then went on to Hawaii to trade for sandalwood with Native
Hawaiians before going on to China.
‘‘(3) During the 19th century, over 2,000 whaling voyages
sailed out of New Bedford, Massachusetts to the Arctic region
of Alaska, and joined Alaska Natives from Barrow, Alaska
and other areas in the Arctic region in subsistence whaling
activities.
‘‘(4) Many New Bedford whaling voyages continued on to
Hawaii, where they joined Native Hawaiians from the neighboring islands.
‘‘(5) From those commercial and whaling voyages, a rich
cultural exchange and strong trading relationships developed
among the three peoples involved.
‘‘(6) In the past decades, awareness of the historical trading,
cultural, and whaling links has faded among Alaska Natives,
Native Hawaiians, and the people of the continental United
States.
‘‘(7) In 2000, the Alaska Native Heritage Center in Alaska,
the Bishop Museum in Hawaii, and the Peabody-Essex Museum
in Massachusetts initiated the New Trade Winds project to
use 21st-century technology, including the Internet, to educate
students and their parents about historic and contemporary
cultural and trading ties that continue to link the diverse
cultures of the peoples involved.
‘‘(8) The New Bedford Whaling Museum, in partnership
with the New Bedford Whaling National Historical Park, has
developed a cultural exchange and educational program with
the Inupiat Heritage Center in Barrow, Alaska to bring together
the children, parents, and elders from the Arctic region of

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PUBLIC LAW 107–110—JAN. 8, 2002
Alaska with children and families of Massachusetts to learn
about their historical ties and about each other’s contemporary
cultures.
‘‘(9) Within the fast-growing cultural sector, meaningful
educational and career opportunities based on traditional relationships exist for Alaska Natives, Native Hawaiians, and lowincome youth in Massachusetts.
‘‘(10) Cultural institutions can provide practical, culturally
relevant, education-related internship and apprentice programs,
such as the Museum Action Corps at the Peabody-Essex
Museum and similar programs at the New Bedford Oceanarium
and other institutions, to prepare youths and their families
for careers in the cultural sector.
‘‘(11) The resources of the institutions described in paragraphs (7) and (8) provide unique opportunities for illustrating
and interpreting the contributions of Alaska Natives, Native
Hawaiians, the whaling industry, and the China trade to the
economic, social, and environmental history of the United
States, for educating students and their parents, and for providing opportunities for internships and apprenticeships leading
to careers with cultural institutions.
‘‘(b) PURPOSES.—The purposes of this subpart are the following:
‘‘(1) To authorize and develop innovative culturally-based
educational programs and cultural exchanges to assist Alaska
Natives, Native Hawaiians, and children and families of
Massachusetts linked by history and tradition to Alaska and
Hawaii to learn about shared culture and traditions.
‘‘(2) To authorize and develop internship and apprentice
programs to assist Alaska Natives, Native Hawaiians, and children and families of Massachusetts linked by history and tradition with Alaska and Hawaii to prepare for careers with cultural institutions.
‘‘(3) To supplement programs and authorities in the area
of education to further the objectives of this subpart.

20 USC 7265b.

‘‘SEC. 5523. PROGRAM AUTHORIZATION.

‘‘(a) GRANTS AND CONTRACTS.—In order to carry out programs
that fulfill the purposes of this subpart, the Secretary is authorized
to make grants to, or enter into contracts with, the following:
‘‘(1) The Alaska Native Heritage Center in Anchorage,
Alaska.
‘‘(2) The Inupiat Heritage Center in Barrow, Alaska.
‘‘(3) The Bishop Museum in Hawaii.
‘‘(4) The Peabody-Essex Museum in Salem, Massachusetts.
‘‘(5) The New Bedford Whaling Museum and the New Bedford Oceanarium in New Bedford, Massachusetts.
‘‘(6) Other Alaska Native and Native Hawaiian cultural
and educational organizations.
‘‘(7) Cultural and educational organizations with experience
in developing or operating programs that illustrate and interpret the contributions of Alaska Natives, Native Hawaiians,
the whaling industry, and the China trade to the economic,
social, and environmental history of the United States.
‘‘(8) Consortia of the organizations and entities described
in this subsection.

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‘‘(b) USES OF FUNDS.—Activities provided through programs
carried out under this subpart may include one or more of the
following:
‘‘(1) Development and implementation of educational programs to increase understanding of cultural diversity and multicultural communication among Alaska Natives, Native Hawaiians, and the people of the continental United States, based
on historic patterns of trading and commerce.
‘‘(2) Development and implementation of programs using
modern technology, including the Internet, to educate students,
their parents, and teachers about historic and contemporary
cultural and trading ties that continue to link the diverse
cultures of Alaska Natives, Native Hawaiians, and the people
of Massachusetts.
‘‘(3) Cultural exchanges of elders, students, parents, and
teachers among Alaska Natives, Native Hawaiians, and the
people of Massachusetts to increase awareness of diverse cultures among each group.
‘‘(4) Sharing of collections among cultural institutions
designed to increase awareness of diverse cultures and links
among them.
‘‘(5) Development and implementation of internship and
apprentice programs in cultural institutions to train Alaska
Natives, Native Hawaiians, and low-income students in
Massachusetts for careers with cultural institutions.
‘‘(6) Other activities, consistent with the purposes of this
subpart, to meet the educational needs of Alaska Natives,
Native Hawaiians, and students and their parents in Massachusetts.
‘‘SEC. 5524. ADMINISTRATIVE PROVISIONS.

20 USC 7265c.

‘‘(a) APPLICATION REQUIRED.—No grant may be made under
this subpart, and no contract may be entered into under this subpart, unless the entity seeking the grant or contract submits an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may determine to
be necessary to carry out the provisions of this subpart.
‘‘(b) LOCAL EDUCATIONAL AGENCY COORDINATION.—Each
applicant for a grant or contract under this subpart shall inform
each local educational agency serving students who will participate
in the program to be carried out under the grant or contract
about the application.
‘‘SEC. 5525. AVAILABILITY OF FUNDS.

20 USC 7265d.

‘‘If sufficient funds are made available under section 5401 to
carry out this subpart for a fiscal year, the Secretary shall make
available, to support activities described in section 5523(b), the
following amounts:
‘‘(1) Not less than $2,000,000 each to—
‘‘(A) the New Bedford Whaling Museum, in partnership
with the New Bedford Oceanarium, in Massachusetts; and
‘‘(B) the Inupiat Heritage Center in Alaska.
‘‘(2) For the New Trade Winds project, not less than
$1,000,000 each to—
‘‘(A) the Alaska Native Heritage Center in Alaska;
‘‘(B) the Bishop Museum in Hawaii; and
‘‘(C) the Peabody-Essex Museum in Massachusetts.

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‘‘(3) For internship and apprenticeship programs (including
the Museum Action Corps of the Peabody-Essex Museum), not
less than $1,000,000 each to—
‘‘(A) the Alaska Native Heritage Center in Alaska;
‘‘(B) the Bishop Museum in Hawaii; and
‘‘(C) the Peabody-Essex Museum in Massachusetts.

20 USC 7265e.

‘‘SEC. 5526. DEFINITIONS.

‘‘In this subpart:
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the
meaning given that term in section 7306.
‘‘(2) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ has
the meaning given that term in section 7207.

‘‘Subpart 13—Excellence in Economic Education

Excellence in
Economic
Education Act of
2001.
20 USC 7267.

‘‘SEC. 5531. SHORT TITLE.

20 USC 7267a.

‘‘SEC. 5532. PURPOSE AND GOALS.

‘‘This subpart may be cited as the ‘Excellence in Economic
Education Act of 2001’.
‘‘(a) PURPOSE.—The purpose of this subpart is to promote economic and financial literacy among all students in kindergarten
through grade 12 by awarding a competitive grant to a national
nonprofit educational organization that has as its primary purpose
the improvement of the quality of student understanding of personal
finance and economics.
‘‘(b) OBJECTIVES.—The objectives of this subpart are the following:
‘‘(1) To increase students’ knowledge of, and achievement
in, economics to enable the students to become more productive
and informed citizens.
‘‘(2) To strengthen teachers’ understanding of, and competency in, economics to enable the teachers to increase student
mastery of economic principles and the practical application
of those principles.
‘‘(3) To encourage economic education research and development, to disseminate effective instructional materials, and to
promote replication of best practices and exemplary programs
that foster economic literacy.
‘‘(4) To assist States in measuring the impact of education
in economics.
‘‘(5) To leverage and expand private and public support
for economic education partnerships at national, State, and
local levels.

20 USC 7267b.

‘‘SEC. 5533. GRANT PROGRAM AUTHORIZED.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award
a competitive grant to a national nonprofit educational organization
that has as its primary purpose the improvement of the quality
of student understanding of personal finance and economics through
effective teaching of economics in the Nation’s classrooms (referred
to in this subpart as the ‘grantee’).
‘‘(b) USES OF FUNDS.—
‘‘(1) DIRECT ACTIVITIES.—The grantee shall use 25 percent
of the funds made available through the grant for a fiscal
year—

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‘‘(A) to strengthen and expand the grantee’s relationships with State and local personal finance, entrepreneurial, and economic education organizations;
‘‘(B) to support and promote training of teachers who
teach a grade from kindergarten through grade 12
regarding economics, including the dissemination of
information on effective practices and research findings
regarding the teaching of economics;
‘‘(C) to support research on effective teaching practices
and the development of assessment instruments to document student understanding of personal finance and
economics; and
‘‘(D) to develop and disseminate appropriate materials
to foster economic literacy.
‘‘(2) SUBGRANTS.—The grantee shall use 75 percent of the
funds made available through the grant for a fiscal year to
award subgrants to State educational agencies or local educational agencies, and State or local economic, personal finance,
or entrepreneurial education organizations (referred to in this
section as the ‘recipient’). The grantee shall award such a
subgrant to pay for the Federal share of the cost of enabling
the recipient to work in partnership with one or more of the
entities described in paragraph (3) for one or more of the
following purposes:
‘‘(A) Collaboratively establishing and conducting
teacher training programs that use effective and innovative
approaches to the teaching of economics, personal finance,
and entrepreneurship.
‘‘(B) Providing resources to school districts that desire
to incorporate economics and personal finance into the
curricula of the schools in the districts.
‘‘(C) Conducting evaluations of the impact of economic
and financial literacy education on students.
‘‘(D) Conducting economic and financial literacy education research.
‘‘(E) Creating and conducting school-based student
activities to promote consumer, economic, and personal
finance education (such as saving, investing, and entrepreneurial education) and to encourage awareness and student
academic achievement in economics.
‘‘(F) Encouraging replication of best practices to promote economic and financial literacy.
‘‘(3) PARTNERSHIP ENTITIES.—The entities described in this
paragraph are the following:
‘‘(A) A private sector entity.
‘‘(B) A State educational agency.
‘‘(C) A local educational agency.
‘‘(D) An institution of higher education.
‘‘(E) An organization promoting economic development.
‘‘(F) An organization promoting educational excellence.
‘‘(G) An organization promoting personal finance or
entrepreneurial education.
‘‘SEC. 5534. APPLICATIONS.

20 USC 7267c.

‘‘(a) GRANTEE APPLICATIONS.—To be eligible to receive a grant
under this subpart, the grantee shall submit to the Secretary an

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application at such time, in such manner, and accompanied by
such information as the Secretary may require.
‘‘(b) RECIPIENT APPLICATIONS.—
‘‘(1) SUBMISSION.—To be eligible to receive a subgrant
under this section, a recipient shall submit an application to
the grantee at such time, in such manner, and accompanied
by such information as the grantee may require.
‘‘(2) REVIEW.—The grantee shall invite the individuals
described in paragraph (3) to review all applications from recipients for a subgrant under this section and to make recommendations to the grantee regarding the approval of the
applications.
‘‘(3) REVIEWERS.—The individuals described in this paragraph are the following:
‘‘(i) Leaders in the fields of economics and education.
‘‘(ii) Such other individuals as the grantee determines to be necessary, especially members of the State
and local business, banking, and finance communities.
20 USC 7267d.

‘‘SEC. 5535. REQUIREMENTS.

‘‘(a) ADMINISTRATIVE COSTS.—The grantee and each recipient
receiving a subgrant under this subpart for a fiscal year may
use not more than 5 percent of the funds made available through
the grant or subgrant for administrative costs.
‘‘(b) TEACHER TRAINING PROGRAMS.—In carrying out the teacher
training programs described in section 5533(b)(2)(A), a recipient
shall—
‘‘(1) train teachers who teach a grade from kindergarten
through grade 12; and
‘‘(2) encourage teachers from disciplines other than
economics and financial literacy to participate in such teacher
training programs, if the training will promote the economic
and financial literacy of those teachers’ students.
‘‘(c) INVOLVEMENT OF BUSINESS COMMUNITY.—In carrying out
the activities assisted under this subpart, the grantee and recipients
are strongly encouraged to—
‘‘(1) include interactions with the local business community
to the fullest extent possible to reinforce the connection between
economic and financial literacy and economic development; and
‘‘(2) work with private businesses to obtain matching contributions for Federal funds and assist recipients in working
toward self-sufficiency.
‘‘(d) ADDITIONAL REQUIREMENTS AND TECHNICAL ASSISTANCE.—
The grantee shall—
‘‘(1) meet such other requirements as the Secretary determines to be necessary to assure compliance with this section;
and
‘‘(2) receive from the Secretary such technical assistance
as may be necessary to carry out this section.
20 USC 7267e.

‘‘SEC. 5536. ADMINISTRATIVE PROVISIONS.

‘‘(a) FEDERAL SHARE.—The Federal share of the cost described
in section 5533(b)(2) shall be 50 percent.
‘‘(b) PAYMENT OF NON-FEDERAL SHARE.—The non-Federal share
may be paid in cash or in kind (fairly evaluated, including plant,
equipment, or services).

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‘‘(c) REPORTS TO CONGRESS.—Not later than 2 years after the
date funds are first made available to carry out this subpart,
and every 2 years thereafter, the Secretary shall submit to the
appropriate committees of Congress a report regarding activities
assisted under this subpart.
‘‘SEC. 5537. SUPPLEMENT, NOT SUPPLANT.

20 USC 7267f.

‘‘Funds made available to carry out this subpart shall be used
to supplement, and not supplant, other Federal, State, and local
funds expended for the purpose described in section 5532(a).

‘‘Subpart 14—Grants to Improve the Mental
Health of Children
‘‘SEC. 5541. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL
HEALTH SYSTEMS.

20 USC 7269.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements with,
State educational agencies, local educational agencies, or Indian
tribes, for the purpose of increasing student access to quality mental
health care by developing innovative programs to link local school
systems with the local mental health system.
‘‘(b) DURATION.—With respect to a grant, contract, or cooperative agreement awarded or entered into under this section, the
period during which payments under such grant, contract or agreement are made to the recipient may not exceed 5 years.
‘‘(c) USE OF FUNDS.—A State educational agency, local educational agency, or Indian tribe that receives a grant, contract,
or cooperative agreement under this section shall use amounts
made available through such grant, contract, or cooperative agreement for the following:
‘‘(1) To enhance, improve, or develop collaborative efforts
between school-based service systems and mental health service
systems to provide, enhance, or improve prevention, diagnosis,
and treatment services to students.
‘‘(2) To enhance the availability of crisis intervention services, appropriate referrals for students potentially in need of
mental health services, and ongoing mental health services.
‘‘(3) To provide training for the school personnel and mental
health professionals who will participate in the program carried
out under this section.
‘‘(4) To provide technical assistance and consultation to
school systems and mental health agencies and families participating in the program carried out under this section.
‘‘(5) To provide linguistically appropriate and culturally
competent services.
‘‘(6) To evaluate the effectiveness of the program carried
out under this section in increasing student access to quality
mental health services, and make recommendations to the Secretary about sustainability of the program.
‘‘(d) APPLICATIONS.—To be eligible to receive a grant, contract,
or cooperative agreement under this section, a State educational
agency, local educational agency, or Indian tribe shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require. The application shall include each of the following:

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‘‘(1) A description of the program to be funded under the
grant, contract, or cooperative agreement.
‘‘(2) A description of how such program will increase access
to quality mental health services for students.
‘‘(3) A description of how the applicant will establish a
crisis intervention program to provide immediate mental health
services to the school community when necessary.
‘‘(4) An assurance that—
‘‘(A) persons providing services under the grant, contract, or cooperative agreement are adequately trained to
provide such services;
‘‘(B) the services will be provided in accordance with
subsection (c);
‘‘(C) teachers, principal administrators, and other
school personnel are aware of the program; and
‘‘(D) parents of students participating in services under
this section will be involved in the design and implementation of the services.
‘‘(5) An explanation of how the applicant will support and
integrate existing school-based services with the program to
provide appropriate mental health services for students.
‘‘(6) An explanation of how the applicant will establish
a program that will support students and the school in
maintaining an environment conducive to learning.
‘‘(e) INTERAGENCY AGREEMENTS.—
‘‘(1) DESIGNATION OF LEAD AGENCY.—The recipient of each
grant, contract, or cooperative agreement shall designate a
lead agency to direct the establishment of an interagency agreement among local educational agencies, juvenile justice authorities, mental health agencies, and other relevant entities in
the State, in collaboration with local entities and parents and
guardians of students.
‘‘(2) CONTENTS.—The interagency agreement shall ensure
the provision of the services described in subsection (c), specifying with respect to each agency, authority, or entity—
‘‘(A) the financial responsibility for the services;
‘‘(B) the conditions and terms of responsibility for the
services, including quality, accountability, and coordination
of the services; and
‘‘(C) the conditions and terms of reimbursement among
the agencies, authorities, or entities that are parties to
the interagency agreement, including procedures for dispute resolution.
‘‘(f) EVALUATION.—The Secretary shall evaluate each program
carried out by a State educational agency, local educational agency,
or Indian tribe under this section and shall disseminate the findings
with respect to each such evaluation to appropriate public and
private entities.
‘‘(g) DISTRIBUTION OF AWARDS.—The Secretary shall ensure
that grants, contracts, and cooperative agreements awarded or
entered into under this section are equitably distributed among
the geographical regions of the United States and among urban,
suburban, and rural populations.
‘‘(h) RULE OF CONSTRUCTION.—Nothing in Federal law shall
be construed—

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‘‘(1) to prohibit an entity involved with a program carried
out under this section from reporting a crime that is committed
by a student to appropriate authorities; or
‘‘(2) to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the
application of Federal and State law to crimes committed by
a student.
‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Any services provided
through programs carried out under this section must supplement,
and not supplant, existing mental health services, including any
services required to be provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
‘‘SEC. 5542. PROMOTION OF SCHOOL READINESS THROUGH EARLY
CHILDHOOD EMOTIONAL AND SOCIAL DEVELOPMENT.

20 USC 7269a.

‘‘(a) AUTHORIZATION.—The Secretary, in consultation with the
Secretary of Health and Human Services, may award grants (to
be known as ‘Foundations for Learning Grants’) to local educational
agencies, local councils, community-based organizations, and other
public or nonprofit private entities to assist eligible children to
become ready for school.
‘‘(b) APPLICATIONS.—To be eligible to receive a grant under
this section, a local educational agency, local council, communitybased organization, or other public or nonprofit private entity, or
a combination of such entities, shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require. The application shall include each of the following:
‘‘(1) A description of the population that the applicant
intends to serve and the types of services to be provided under
the grant.
‘‘(2) A description of the manner in which services under
the grant will be coordinated with existing similar services
provided by public and nonprofit private entities within the
State.
‘‘(3) An assurance that—
‘‘(A) services under the grant shall be provided by
or under the supervision of qualified professionals with
expertise in early childhood development;
‘‘(B) such services shall be culturally competent;
‘‘(C) such services shall be provided in accordance with
subsection (c);
‘‘(D) funds received under this section shall be used
to supplement, and not supplant, non-Federal funds; and
‘‘(E) parents of students participating in services under
this section will be involved in the design and implementation of the services.
‘‘(c) USES OF FUNDS.—A local educational agency, local council,
community-based organization, or other public or nonprofit private
entity that receives funds under this section may use such funds
to benefit eligible children, for one or more of the following:
‘‘(1) To deliver services to eligible children and their families that foster eligible children’s emotional, behavioral, and
social development and take into consideration the characteristics described in subsection (f)(1).
‘‘(2) To coordinate and facilitate access by eligible children
and their families to the services available through community

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resources, including mental health, physical health, substance
abuse, educational, domestic violence prevention, child welfare,
and social services.
‘‘(3) To provide ancillary services such as transportation
or child care in order to facilitate the delivery of any other
services or activities authorized by this section.
‘‘(4) To develop or enhance early childhood community partnerships and build toward a community system of care that
brings together child-serving agencies or organizations to provide individualized supports for eligible children and their families.
‘‘(5) To evaluate the success of strategies and services provided pursuant to this section in promoting young children’s
successful entry to school and to maintain data systems
required for effective evaluations.
‘‘(6) To pay for the expenses of administering the activities
authorized under this section, including assessment of children’s eligibility for services.
‘‘(d) LIMITATIONS.—
‘‘(1) SERVICES NOT OTHERWISE FUNDED.—A local educational
agency, local council, community-based organization, or other
public or nonprofit private entity may use funds under this
section only to pay for services that cannot be paid for using
other Federal, State, or local public resources or through private
insurance.
‘‘(2) ADMINISTRATIVE EXPENSES.—A grantee may not use
more than 3 percent of the amount of the grant to pay the
administrative expenses described in subsection (c)(6).
‘‘(e) EVALUATIONS.—The Secretary shall directly evaluate, or
enter into a contract for an outside evaluation of, each program
carried out under this section and shall disseminate the findings
with respect to such evaluation to appropriate public and private
entities.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE CHILD.—The term ‘eligible child’ means a
child who has not attained the age of 7 years, and to whom
two or more of the following characteristics apply:
‘‘(A) The child has been abused, maltreated, or
neglected.
‘‘(B) The child has been exposed to violence.
‘‘(C) The child has been homeless.
‘‘(D) The child has been removed from child care, Head
Start, or preschool for behavioral reasons or is at risk
of being so removed.
‘‘(E) The child has been exposed to parental depression
or other mental illness.
‘‘(F) The family income with respect to the child is
below 200 percent of the poverty line.
‘‘(G) The child has been exposed to parental substance
abuse.
‘‘(H) The child has had early behavioral and peer relationship problems.
‘‘(I) The child had a low birth weight.
‘‘(J) The child has a cognitive deficit or developmental
disability.
‘‘(2) LOCAL COUNCIL.—The term ‘local council’ means a
council that is established or designated by a local government

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entity, Indian tribe, regional corporation, or native Hawaiian
entity, as appropriate, which is composed of representatives
of local agencies directly affected by early learning programs,
parents, key community leaders, and other individuals concerned with early learning issues in the locality, such as
elementary education, child care resource and referral services,
early learning opportunities, child care, and health services.
‘‘(3) PROVIDER OF EARLY CHILDHOOD SERVICES.—The term
‘provider of early childhood services’ means a public or private
entity that has regular contact with young children, including
child welfare agencies, child care providers, Head Start and
Early Head Start providers, preschools, kindergartens,
libraries, mental health professionals, family courts, homeless
shelters, and primary care providers.

‘‘Subpart 15—Arts in Education
‘‘SEC. 5551. ASSISTANCE FOR ARTS EDUCATION.

20 USC 7271.

‘‘(a) PURPOSES.—The purposes of this subpart are the following:
‘‘(1) To support systemic education reform by strengthening
arts education as an integral part of the elementary school
and secondary school curriculum.
‘‘(2) To help ensure that all students meet challenging
State academic content standards and challenging State student academic achievement standards in the arts.
‘‘(3) To support the national effort to enable all students
to demonstrate competence in the arts.
‘‘(b) AUTHORITY.—The Secretary is authorized to make grants
to, or enter into contracts or cooperative agreements with, eligible
entities described in subsection (c).
‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make assistance
available under subsection (b) to each of the following eligible
entities:
‘‘(1) State educational agencies.
‘‘(2) Local educational agencies.
‘‘(3) Institutions of higher education.
‘‘(4) Museums or other cultural institutions.
‘‘(5) Any other public or private agencies, institutions, or
organizations.
‘‘(d) USE OF FUNDS.—Assistance made available under this
subpart may be used for any of the following:
‘‘(1) Research on arts education.
‘‘(2) Planning, developing, acquiring, expanding, improving,
or disseminating information about model school-based arts
education programs.
‘‘(3) The development of model State arts education assessments based on State academic achievement standards.
‘‘(4) The development and implementation of curriculum
frameworks for arts education.
‘‘(5) The development of model inservice professional
development programs for arts educators and other instructional staff.
‘‘(6) Supporting collaborative activities with Federal agencies or institutions involved in arts education, arts educators,
and organizations representing the arts, including State and
local arts agencies involved in arts education.

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‘‘(7) Supporting model projects and programs in the performing arts for children and youth through arrangements
made with the John F. Kennedy Center for the Performing
Arts.
‘‘(8) Supporting model projects and programs by Very Special Arts which assure the participation in mainstream settings
in arts and education programs of individuals with disabilities.
‘‘(9) Supporting model projects and programs to integrate
arts education into the regular elementary school and secondary
school curriculum.
‘‘(10) Other activities that further the purposes of this
subpart.
‘‘(e) SPECIAL RULE.—If the amount made available to the Secretary to carry out this subpart for any fiscal year is $15,000,000
or less, then such amount shall only be available to carry out
the activities described in paragraphs (7) and (8) of subsection
(d).
‘‘(f) CONDITIONS.—As conditions of receiving assistance made
available under this subpart, the Secretary shall require each entity
receiving such assistance—
‘‘(1) to coordinate, to the extent practicable, each project
or program carried out with such assistance with appropriate
activities of public or private cultural agencies, institutions,
and organizations, including museums, arts education associations, libraries, and theaters; and
‘‘(2) to use such assistance only to supplement, and not
to supplant, any other assistance or funds made available from
non-Federal sources for the activities assisted under this subpart.
‘‘(g) CONSULTATION.—In carrying out this subpart, the Secretary
shall consult with Federal agencies or institutions, arts educators
(including professional arts education associations), and organizations representing the arts (including State and local arts agencies
involved in arts education).

‘‘Subpart 16—Parental Assistance and Local
Family Information Centers
20 USC 7273.

‘‘SEC. 5561. PURPOSES.

‘‘The purposes of this subpart are the following:
‘‘(1) To provide leadership, technical assistance, and financial support to nonprofit organizations (including statewide nonprofit organizations) and local educational agencies to help
the organizations and agencies implement successful and effective parental involvement policies, programs, and activities that
lead to improvements in student academic achievement.
‘‘(2) To strengthen partnerships among parents (including
parents of children from birth through age 5), teachers, principals, administrators, and other school personnel in meeting
the educational needs of children.
‘‘(3) To develop and strengthen the relationship between
parents and their children’s school.
‘‘(4) To further the developmental progress of children
assisted under this subpart.
‘‘(5) To coordinate activities funded under this subpart with
parental involvement initiatives funded under section 1118 and
other provisions of this Act.

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‘‘(6) To provide a comprehensive approach to improving
student learning, through coordination and integration of Federal, State, and local services and programs.
‘‘SEC. 5562. GRANTS AUTHORIZED.

20 USC 7273a.

‘‘(a) PARENTAL INFORMATION AND RESOURCE CENTERS.—The
Secretary is authorized to award grants in each fiscal year to
nonprofit organizations (including statewide nonprofit organizations), and consortia of such organizations and local educational
agencies, to establish school-linked or school-based parental
information and resource centers that provide comprehensive
training, information, and support to—
‘‘(1) parents of children enrolled in elementary schools and
secondary schools;
‘‘(2) individuals who work with the parents of children
enrolled in elementary schools and secondary schools;
‘‘(3) State educational agencies, local educational agencies,
schools, organizations that support family-school partnerships
(such as parent-teacher associations and Parents as Teachers
organizations), and other organizations that carry out parent
education and family involvement programs; and
‘‘(4) parents of children from birth through age 5.
‘‘(b) GEOGRAPHIC DISTRIBUTION.—In awarding grants under this
subpart, the Secretary shall, to the extent practicable, ensure that
such grants are distributed in all geographic regions of the United
States.
‘‘SEC. 5563. APPLICATIONS.

20 USC 7273b.

‘‘(a) SUBMISSION.—Each nonprofit organization (including a
statewide nonprofit organization), or a consortia of such an
organization and a local educational agency, that desires a grant
under this subpart shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information
as the Secretary may require.
‘‘(b) CONTENTS.—Each application submitted under subsection
(a), at a minimum, shall include assurances that the organization
or consortium will—
‘‘(1)(A) be governed by a board of directors the membership
of which includes parents; or
‘‘(B) be an organization or consortium that represents the
interests of parents;
‘‘(2) establish a special advisory committee the membership
of which includes—
‘‘(A) parents of children enrolled in elementary schools
and secondary schools, who shall constitute a majority
of the members of the special advisory committee;
‘‘(B) representatives of education professionals with
expertise in improving services for disadvantaged children;
and
‘‘(C) representatives of local elementary schools and
secondary schools, including students and representatives
from local youth organizations;
‘‘(3) use at least 50 percent of the funds received under
this subpart in each fiscal year to serve areas with high concentrations of low-income families, in order to serve parents
who are severely educationally or economically disadvantaged;

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‘‘(4) operate a center of sufficient size, scope, and quality
to ensure that the center is adequate to serve the parents
in the area;
‘‘(5) serve both urban and rural areas;
‘‘(6) design a center that meets the unique training,
information, and support needs of parents of children enrolled
in elementary schools and secondary schools, particularly such
parents who are educationally or economically disadvantaged;
‘‘(7) demonstrate the capacity and expertise to conduct
the effective training, information, and support activities for
which assistance is sought;
‘‘(8) network with—
‘‘(A) local educational agencies and schools;
‘‘(B) parents of children enrolled in elementary schools
and secondary schools;
‘‘(C) parent training and information centers assisted
under section 682 of the Individuals with Disabilities Education Act;
‘‘(D) clearinghouses; and
‘‘(E) other organizations and agencies;
‘‘(9) focus on serving parents of children enrolled in
elementary schools and secondary schools who are parents of
low-income, minority, and limited English proficient children;
‘‘(10) use at least 30 percent of the funds received under
this subpart in each fiscal year to establish, expand, or operate
Parents as Teachers programs, Home Instruction for Preschool
Youngsters programs, or other early childhood parent education
programs;
‘‘(11) provide assistance to parents in areas such as
understandingState and local standards and measures of student and school academic achievement;
‘‘(12) work with State educational agencies and local educational agencies to determine parental needs and the best
means for delivery of services;
‘‘(13) identify and coordinate Federal, State, and local services and programs that support improved student learning,
including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head
Start programs, adult education, and job training; and
‘‘(14) work with and foster partnerships with other agencies
that provide programs and deliver services described in paragraph (13) to make such programs and services more accessible
to children and families.

20 USC 7273c.

‘‘SEC. 5564. USES OF FUNDS.

‘‘(a) IN GENERAL.—Grant funds received under this subpart
shall be used for one or more of the following:
‘‘(1) To assist parents in participating effectively in their
children’s education and to help their children meet State and
local standards, such as assisting parents—
‘‘(A) to engage in activities that will improve student
academic achievement, including understanding the
accountability systems in place within their State educational agency and local educational agency and understanding their children’s educational academic achievement
in comparison to State and local standards;

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‘‘(B) to provide follow-up support for their children’s
educational achievement;
‘‘(C) to communicate effectively with teachers, principals, counselors, administrators, and other school personnel;
‘‘(D) to become active participants in the development,
implementation, and review of school-parent compacts,
parent involvement policies, and school planning and
improvement;
‘‘(E) to participate in the design and provision of assistance to students who are not making adequate academic
progress;
‘‘(F) to participate in State and local decisionmaking;
and
‘‘(G) to train other parents (such as training related
to Parents as Teachers activities).
‘‘(2) To obtain information about the range of options, programs, services, and resources available at the national, State,
and local levels to assist parents and school personnel who
work with parents.
‘‘(3) To help the parents learn and use the technology
applied in their children’s education.
‘‘(4) To plan, implement, and fund activities for parents
that coordinate the education of their children with other Federal, State, and local services and programs that serve their
children or their families.
‘‘(5) To provide support for State or local educational personnel, if the participation of such personnel will further the
activities assisted under the grant.
‘‘(6) To coordinate and integrate early childhood programs
with school-age programs.
‘‘(b) PERMISSIVE ACTIVITIES.—Grant funds received under this
subpart may be used to assist schools with activities including
one or more of the following:
‘‘(1) Developing and implementing the schools’ plans or
activities under sections 1118 and 1119.
‘‘(2) Developing and implementing school improvement
plans, including addressing problems that develop in the
implementation of the schools’ plans or activities under sections
1118 and 1119.
‘‘(3) Providing information about assessment and individual
results to parents in a manner and a language the family
can understand.
‘‘(4) Coordinating the efforts of Federal, State, and local
parent education and family involvement initiatives.
‘‘(5) Providing training, information, and support to—
‘‘(A) State educational agencies;
‘‘(B) local educational agencies and schools, especially
low-performing local educational agencies and schools; and
‘‘(C) organizations that support family-school partnerships.
‘‘SEC. 5565. ADMINISTRATIVE PROVISIONS.

20 USC 7273d.

‘‘(a) MATCHING FUNDS FOR GRANT RENEWAL.—For each fiscal
year after the first fiscal year in which an organization or consortium receives assistance under this subpart, the organization or
consortium shall demonstrate in the application submitted for such

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fiscal year, that a portion of the services provided by the organization or consortium is supported through non-Federal contributions,
which contributions may be in cash or in kind.
‘‘(b) SUBMISSION OF INFORMATION.—
‘‘(1) IN GENERAL.—Each organization or consortium
receiving assistance under this subpart shall submit to the
Secretary, on an annual basis, information concerning the
parental information and resource centers assisted under this
subpart, including the following information:
‘‘(A) The number of parents (including the number
of minority and limited English proficient parents) who
receive information and training.
‘‘(B) The types and modes of training, information,
and support provided under this subpart.
‘‘(C) The strategies used to reach and serve parents
of minority and limited English proficient children, parents
with limited literacy skills, and other parents in need of
the services provided under this subpart.
‘‘(D) The parental involvement policies and practices
used by the center and an evaluation of whether such
policies and practices are effective in improving homeschool communication, student academic achievement, student and school academic achievement, and parental
involvement in school planning, review, and improvement.
‘‘(E) The effectiveness of the activities that local educational agencies and schools are carrying out, with regard
to parental involvement and other activities assisted under
this Act, that lead to improved student academic achievement and improved student and school academic achievement.
‘‘(2) DISSEMINATION.—The Secretary shall disseminate
annually to Congress and the public the information that each
organization or consortium submits under paragraph (1).
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance, by grant or contract, for the establishment,
development, and coordination of parent training, information, and
support programs and parental information and resource centers.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this subpart shall
be construed to prohibit a parental information and resource center
from—
‘‘(1) having its employees or agents meet with a parent
at a site that is not on school grounds; or
‘‘(2) working with another agency that serves children.
‘‘(e) PARENTAL RIGHTS.—Notwithstanding any other provision
of this subpart—
‘‘(1) no person (including a parent who educates a child
at home, a public school parent, or a private school parent)
shall be required to participate in any program of parent education or developmental screening under this subpart; and
‘‘(2) no program or center assisted under this subpart shall
take any action that infringes in any manner on the right
of a parent to direct the education of their children.
‘‘(f) CONTINUATION OF AWARDS.—The Secretary shall use funds
made available under this subpart to continue to make grant or
contract payments to each entity that was awarded a multiyear
grant or contract under title IV of the Goals 2000: Educate America
Act (as such title was in effect on the day before the date of

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enactment of the No Child Left Behind Act of 2001) for the duration
of the grant or contract award.
‘‘SEC. 5566. LOCAL FAMILY INFORMATION CENTERS.

20 USC 7273e.

‘‘(a) IN GENERAL.—If the amount made available to carry out
this subpart for a fiscal year is more than $50,000,000, the Secretary
is authorized to award 50 percent of the amount that exceeds
$50,000,000 as grants to, and enter into contracts and cooperative
agreements with, local nonprofit parent organizations to enable
the organizations to support local family information centers that
help ensure that parents of students in elementary schools and
secondary schools assisted under this subpart have the training,
information, and support the parents need to enable the parents
to participate effectively in their children’s early childhood education, in their children’s elementary and secondary education, and
in helping their children to meet challenging State academic content
and student academic achievement standards.
‘‘(b) LOCAL NONPROFIT PARENT ORGANIZATION DEFINED.—In
this section, the term ‘local nonprofit parent organization’ means
a private nonprofit organization (other than an institution of higher
education) that—
‘‘(1) has a demonstrated record of working with low-income
individuals and parents;
‘‘(2)(A) has a board of directors, the majority of whom
are parents of students in elementary schools and secondary
schools assisted under part A of title I and located in the
geographic area to be served by a local family information
center; or
‘‘(B) has a special governing committee to direct and implement a local family information center, a majority of the members of whom are parents of students in schools assisted under
part A of title I; and
‘‘(3) is located in a community with elementary schools
and secondary schools that receive funds under part A of title
I, and is accessible to the families of students in those schools.

‘‘Subpart 17—Combatting Domestic Violence
‘‘SEC. 5571. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR
WITNESSING DOMESTIC VIOLENCE ON ELEMENTARY
AND SECONDARY SCHOOL CHILDREN.

20 USC 7275.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DOMESTIC VIOLENCE.—The term ‘domestic violence’ has
the meaning given that term in section 2003 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–
2).
‘‘(2) EXPERT.—The term ‘expert’ means—
‘‘(A) an expert on domestic violence, sexual assault,
and child abuse from the educational, legal, youth, mental
health, substance abuse, or victim advocacy field; and
‘‘(B) a State or local domestic violence coalition or
community-based youth organization.
‘‘(3) WITNESS DOMESTIC VIOLENCE.—
‘‘(A) IN GENERAL.—The term ‘witness domestic violence’
means to witness—
‘‘(i) an act of domestic violence that constitutes
actual or attempted physical assault; or

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‘‘(ii) a threat or other action that places the victim
in fear of domestic violence.
‘‘(B) WITNESS.—In subparagraph (A), the term ‘witness’
means—
‘‘(i) to directly observe an act, threat, or action
described in subparagraph (A), or the aftermath of
that act, threat, or action; or
‘‘(ii) to be within earshot of an act, threat, or
action described in subparagraph (A), or the aftermath
of that act, threat, or action.
‘‘(b) GRANTS AUTHORIZED.—
‘‘(1) AUTHORITY.—The Secretary is authorized to award
grants to local educational agencies that work with experts
to enable the elementary schools and secondary schools served
by the local educational agency—
‘‘(A) to provide training to school administrators, faculty, and staff, with respect to issues concerning children
who experience domestic violence in dating relationships
or who witness domestic violence, and the impact of the
violence on the children;
‘‘(B) to provide educational programming for students
regarding domestic violence and the impact of experiencing
or witnessing domestic violence on children;
‘‘(C) to provide support services for students and school
personnel to develop and strengthen effective prevention
and intervention strategies with respect to issues concerning children who experience domestic violence in dating
relationships or who witness domestic violence, and the
impact of the violence on the children; and
‘‘(D) to develop and implement school system policies
regarding appropriate and safe responses to, identification
of, and referral procedures for, students who are experiencing or witnessing domestic violence.
‘‘(2) AWARD BASIS.—The Secretary is authorized to award
grants under this section—
‘‘(A) on a competitive basis; and
‘‘(B) in a manner that ensures that such grants are
equitably distributed among local educational agencies
located in rural, urban, and suburban areas.
‘‘(3) POLICY DISSEMINATION.—The Secretary shall disseminate to local educational agencies any Department policy guidance regarding the prevention of domestic violence and the
impact on children of experiencing or witnessing domestic
violence.
‘‘(c) USES OF FUNDS.—Funds made available to carry out this
subpart may be used for one or more of the following purposes:
‘‘(1) To provide training for elementary school and secondary school administrators, faculty, and staff that addresses
issues concerning elementary school and secondary school students who experience domestic violence in dating relationships
or who witness domestic violence, and the impact of such
violence on those students.
‘‘(2) To provide education programs for elementary school
and secondary school students that are developmentally appropriate for the students’ grade levels and are designed to meet
any unique cultural and language needs of the particular student populations.

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‘‘(3) To develop and implement elementary school and secondary school system policies regarding—
‘‘(A) appropriate and safe responses to, identification
of, and referral procedures for, students who are experiencing or witnessing domestic violence; and
‘‘(B) to develop and implement policies on reporting
and referral procedures for those students.
‘‘(4) To provide the necessary human resources to respond
to the needs of elementary school and secondary school students
and personnel who are faced with the issue of domestic violence,
such as a resource person who is either on-site or on-call
and who is an expert.
‘‘(5) To provide media center materials and educational
materials to elementary schools and secondary schools that
address issues concerning children who experience domestic
violence in dating relationships or who witness domestic
violence, and the impact of the violence on those children.
‘‘(6) To conduct evaluations to assess the impact of programs and policies assisted under this subpart in order to
enhance the development of the programs.
‘‘(d) CONFIDENTIALITY.—Policies, programs, training materials,
and evaluations developed and implemented under subsection (c)
shall address issues of safety and confidentiality for the victim
and the victim’s family in a manner consistent with applicable
Federal and State laws.
‘‘(e) APPLICATION.—To be eligible for a grant under this section
for a fiscal year, a local educational agency, in consultation with
an expert, shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require. The application shall include each of the
following:
‘‘(1) A description of the need for funds provided under
the grant and the plan for implementation of any of the activities described in subsection (c).
‘‘(2) A description of how the experts will work in consultation and collaboration with the local educational agency.
‘‘(3) Measurable objectives for, and expected results from,
the use of the funds provided under the grant.
‘‘(4) Provisions for appropriate remuneration for collaborating partners.

‘‘Subpart 18—Healthy, High-Performance Schools
‘‘SEC. 5581. GRANT PROGRAM AUTHORIZED.

20 USC 7277.

‘‘The Secretary, in consultation with the Secretary of Energy
and the Administrator of the Environmental Protection Agency,
is authorized to award grants to State educational agencies to
permit such State educational agencies to carry out section 5582.
‘‘SEC. 5582. STATE USES OF FUNDS.

20 USC 7277a.

‘‘(a) SUBGRANTS.—
‘‘(1) IN GENERAL.—A State educational agency receiving
a grant under this subpart shall use funds made available
under the grant to award subgrants to local educational agencies to permit such local educational agencies to carry out
the activities described in section 5583.

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‘‘(2) LIMITATION.—A State educational agency shall award
subgrants under this subsection to local educational agencies
that are the neediest, as determined by the State, and that
have made a commitment to develop healthy, high-performance
school buildings in accordance with the plan developed and
approved under paragraph (3)(A).
‘‘(3) IMPLEMENTATION.—
‘‘(A) PLANS.—A State educational agency shall award
subgrants under this subsection only to local educational
agencies that, in consultation with the State educational
agency and State agencies with responsibilities relating
to energy and health, have developed plans that the State
educational agency determines to be feasible and appropriate in order to achieve the purposes for which the subgrants are made.
‘‘(B) SUPPLEMENTING GRANT FUNDS.—The State educational agency shall encourage local educational agencies
that receive subgrants under this subsection to supplement
their subgrant funds with funds from other sources in
order to implement their plans.
‘‘(b) ADMINISTRATION.—A State educational agency receiving
a grant under this subpart shall use the grant funds made available
under this subpart for one or more of the following:
‘‘(1) To evaluate compliance by local educational agencies
with the requirements of this subpart.
‘‘(2) To distribute information and materials on healthy,
high-performance school buildings for both new and existing
facilities.
‘‘(3) To organize and conduct programs for school board
members, school district personnel, and others to disseminate
information on healthy, high-performance school buildings.
‘‘(4) To provide technical services and assistance in planning and designing healthy, high-performance school buildings.
‘‘(5) To collect and monitor information pertaining to
healthy, high-performance school building projects.
20 USC 7277b.

‘‘SEC. 5583. LOCAL USES OF FUNDS.

‘‘(a) IN GENERAL.—A local educational agency that receives
a subgrant under section 5582(a) shall use the subgrant funds
to plan and prepare for healthy, high-performance school building
projects that—
‘‘(1) reduce energy use to at least 30 percent below that
of a school constructed in compliance with standards prescribed
in chapter 8 of the 2000 International Energy Conservation
Code, or a similar State code intended to achieve substantially
equivalent results;
‘‘(2) meet Federal and State health and safety codes; and
‘‘(3) support healthful, energy efficient, and environmentally sound practices.
‘‘(b) USE OF FUNDS.—A local educational agency that receives
a subgrant under section 5582(a) shall use funds for one or more
of the following:
‘‘(1) To develop a comprehensive energy audit of the energy
consumption characteristics of a building and the need for
additional energy conservation measures necessary to allow
schools to meet the guidelines set out in subsection (a).

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‘‘(2) To produce a comprehensive analysis of building strategies, designs, materials, and equipment that—
‘‘(A) are cost effective, produce greater energy efficiency, and enhance indoor air quality; and
‘‘(B) can be used when conducting school construction
and renovation or purchasing materials and equipment.
‘‘(3) To obtain research and provide technical services and
assistance in planning and designing healthy, high-performance
school buildings, including developing a timeline for
implementation of such plans.
‘‘SEC. 5584. REPORT TO CONGRESS.

20 USC 7277c.

‘‘The Secretary shall conduct a biennial review of State actions
implementing this subpart and carrying out the plans developed
under this subpart through State and local funding, and shall
submit a report to Congress on the results of such reviews.
‘‘SEC. 5585. LIMITATIONS.

20 USC 7277d.

‘‘No funds received under this subpart may be used for any
of the following:
‘‘(1) Payment of maintenance of costs in connection with
any projects constructed in whole or in part with Federal funds
provided under this subpart.
‘‘(2) Construction, renovation, or repair of school facilities.
‘‘(3) Construction, renovation, repair, or acquisition of a
stadium or other facility primarily used for athletic contests
or exhibitions, or other events for which admission is charged
to the general public.
‘‘SEC.

5586.

HEALTHY,
DEFINED.

HIGH-PERFORMANCE

SCHOOL

BUILDING

20 USC 7277e.

‘‘In this subpart, the term ‘healthy, high-performance school
building’ means a school building in which the design, construction,
operation, and maintenance—
‘‘(1) use energy-efficient and affordable practices and materials;
‘‘(2) are cost-effective;
‘‘(3) enhance indoor air quality; and
‘‘(4) protect and conserve water.

‘‘Subpart 19—Grants for Capital Expenses of Providing Equitable Services for Private School
Students
‘‘SEC. 5591. GRANT PROGRAM AUTHORIZED.

20 USC 7279.

‘‘The Secretary is authorized to award grants to State educational agencies, from allotments made under section 5593, to
enable the State educational agencies to award subgrants to local
educational agencies to pay for capital expenses in accordance with
this subpart.
‘‘SEC. 5592. USES OF FUNDS.

20 USC 7279a.

‘‘A local educational agency that receives a subgrant under
this subpart shall use the subgrant funds only to pay for capital
expenses incurred in providing equitable services for private school
students under section 1120.

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PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 5593. ALLOTMENTS TO STATES.

‘‘From the funds made available to carry out this subpart
for a fiscal year, the Secretary shall allot to each State an amount
that bears the same ratio to the funds made available as the
number of private school students who received services under
part A of title I in the State in the most recent year for which
data, satisfactory to the Secretary, are available bears to the
number of such students in all States in such year.
20 USC 7279c.

‘‘SEC. 5594. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) APPLICATIONS.—A local educational agency that desires
to receive a subgrant under this subpart shall submit an application
to the State educational agency involved at such time, in such
manner, and containing such information as the State educational
agency may require.
‘‘(b) DISTRIBUTION.—A State educational agency shall award
subgrants to local educational agencies within the State based
on the degree of need set forth in their respective applications
submitted under subsection (a).
20 USC 7279d.

‘‘SEC. 5595. CAPITAL EXPENSES DEFINED.

‘‘In this subpart, the term ‘capital expenses’ means—
‘‘(1) expenditures for noninstructional goods and services,
such as the purchase, lease, or renovation of real and personal
property, including mobile educational units and leasing of
neutral sites or spaces;
‘‘(2) insurance and maintenance costs;
‘‘(3) transportation; and
‘‘(4) other comparable goods and services.
20 USC 7279e.

‘‘SEC. 5596. TERMINATION.

‘‘The authority provided by this subpart terminates effective
October 1, 2003.

‘‘Subpart 20—Additional Assistance for Certain
Local Educational Agencies Impacted by Federal Property Acquisition
‘‘SEC. 5601. RESERVATION.

20 USC 7281.

‘‘The Secretary is authorized to provide additional assistance
to meet special circumstances relating to the provision of education
in local educational agencies eligible to receive assistance under
section 8002.
20 USC 7281a.

‘‘SEC. 5602. ELIGIBILITY.

‘‘A local educational agency is eligible to receive additional
assistance under this subpart only if such agency—
‘‘(1) received a payment under both section 8002 and section
8003(b) for fiscal year 1996 and is eligible to receive payments
under those sections for the year of application;
‘‘(2) provided a free public education to children described
under subparagraph (A), (B), or (D) of section 8003(a)(1);
‘‘(3) had a military installation located within the
geographic boundaries of the local educational agency that was
closed as a result of base closure or realignment and, at the
time at which the agency is applying for a payment under

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this subpart, the agency does not have a military installation
located within its geographic boundaries;
‘‘(4) remains responsible for the free public education of
children residing in housing located on Federal property within
the boundaries of the closed military installation but whose
parents are on active duty in the uniformed services and
assigned to a military activity located within the boundaries
of an adjoining local educational agency; and
‘‘(5) demonstrates to the satisfaction of the Secretary that
such agency’s per-pupil revenue derived from local sources for
current expenditures is not less than that revenue for the
preceding fiscal year.
‘‘SEC. 5603. MAXIMUM AMOUNT.

20 USC 7281b.

‘‘(a) MAXIMUM AMOUNT.—The maximum amount that a local
educational agency is eligible to receive under this subpart for
any fiscal year, when combined with its payment under section
8002(b), shall not be more than 50 percent of the maximum amount
determined under section 8002(b).
‘‘(b) INSUFFICIENT FUNDS.—If funds appropriated under section
5401 are insufficient to pay the amount determined under subsection (a), the Secretary shall ratably reduce the payment to each
local educational agency eligible under this subpart.
‘‘(c) EXCESS FUNDS.—If funds appropriated under section 5401
are in excess of the amount determined under subsection (a), the
Secretary shall ratably distribute any excess funds to all local
educational agencies eligible for payment under section 8002(b).

‘‘Subpart 21—Women’s Educational Equity Act
‘‘SEC. 5611. SHORT TITLE AND FINDINGS.

‘‘(a) SHORT TITLE.—This subpart may be cited as the ‘Women’s
Educational Equity Act of 2001’.
‘‘(b) FINDINGS.—Congress finds that—
‘‘(1) since the enactment of title IX of the Education Amendments of 1972, women and girls have made strides in educational achievement and in their ability to avail themselves
of educational opportunities;
‘‘(2) because of funding provided under the Women’s Educational Equity Act of 2001, more curricula, training, and other
educational materials concerning educational equity for women
and girls are available for national dissemination;
‘‘(3) teaching and learning practices in the United States
are frequently inequitable as such practices relate to women
and girls, for example—
‘‘(A) sexual harassment, particularly that experienced
by girls, undermines the ability of schools to provide a
safe and equitable learning or workplace environment;
‘‘(B) classroom textbooks and other educational materials do not sufficiently reflect the experiences, achievements, or concerns of women and, in most cases, are not
written by women or persons of color;
‘‘(C) girls do not take as many mathematics and science
courses as boys, girls lose confidence in their mathematics
and science ability as girls move through adolescence, and
there are few women role models in the sciences; and

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Women’s
Educational
Equity Act of
2001.
20 USC 7283.

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‘‘(D) pregnant and parenting teenagers are at high
risk for dropping out of school and existing dropout prevention programs do not adequately address the needs of such
teenagers;
‘‘(4) efforts to improve the quality of public education also
must include efforts to ensure equal access to quality education
programs for all women and girls;
‘‘(5) Federal support should address not only research and
development of innovative model curricula and teaching and
learning strategies to promote gender equity, but should also
assist schools and local communities implement gender equitable practices;
‘‘(6) Federal assistance for gender equity must be tied to
systemic reform, involve collaborative efforts to implement
effective gender practices at the local level, and encourage
parental participation; and
‘‘(7) excellence in education, high educational achievements
and standards, and the full participation of women and girls
in American society, cannot be achieved without educational
equity for women and girls.

20 USC 7283a.

‘‘SEC. 5612. STATEMENT OF PURPOSE.

‘‘It is the purpose of this subpart—
‘‘(1) to promote gender equity in education in the United
States;
‘‘(2) to provide financial assistance to enable educational
agencies and institutions to meet the requirements of title
IX of the Educational Amendments of 1972; and
‘‘(3) to promote equity in education for women and girls
who suffer from multiple forms of discrimination based on
sex, race, ethnic origin, limited English proficiency, disability,
or age.
20 USC 7283b.

‘‘SEC. 5613. PROGRAMS AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary is authorized—
‘‘(1) to promote, coordinate, and evaluate gender equity
policies, programs, activities, and initiatives in all Federal education programs and offices;
‘‘(2) to develop, maintain, and disseminate materials,
resources, analyses, and research relating to education equity
for women and girls;
‘‘(3) to provide information and technical assistance to
assure the effective implementation of gender equity programs;
‘‘(4) to coordinate gender equity programs and activities
with other Federal agencies with jurisdiction over education
and related programs;
‘‘(5) to assist the Assistant Secretary of the Office of Educational Research and Improvement in identifying research
priorities related to education equity for women and girls; and
‘‘(6) to perform any other activities consistent with
achieving the purposes of this subpart.
‘‘(b) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized to award
grants to, and enter into contracts and cooperative agreements
with, public agencies, private nonprofit agencies, organizations,
institutions, student groups, community groups, and individuals, for a period not to exceed 4 years, to—

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‘‘(A) provide grants to develop model equity programs;
and
‘‘(B) provide funds for the implementation of equity
programs in schools throughout the Nation.
‘‘(2) SUPPORT AND TECHNICAL ASSISTANCE.—To achieve the
purposes of this subpart, the Secretary is authorized to provide
support and technical assistance—
‘‘(A) to implement effective gender-equity policies and
programs at all educational levels, including—
‘‘(i) assisting educational agencies and institutions
to implement policies and practices to comply with
title IX of the Education Amendments of 1972;
‘‘(ii) training for teachers, counselors, administrators, and other school personnel, especially preschool
and elementary school personnel, in gender equitable
teaching and learning practices;
‘‘(iii) leadership training for women and girls to
develop professional and marketable skills to compete
in the global marketplace, improve self-esteem, and
benefit from exposure to positive role models;
‘‘(iv) school-to-work transition programs, guidance
and counseling activities, and other programs to
increase opportunities for women and girls to enter
a technologically demanding workplace and, in particular, to enter highly skilled, high paying careers
in which women and girls have been underrepresented;
‘‘(v) enhancing educational and career opportunities for those women and girls who suffer multiple
forms of discrimination, based on sex, and on race,
ethnic origin, limited English proficiency, disability,
socioeconomic status, or age;
‘‘(vi) assisting pregnant students and students
rearing children to remain in or to return to secondary
school, graduate, and prepare their preschool children
to start school;
‘‘(vii) evaluating exemplary model programs to
assess the ability of such programs to advance educational equity for women and girls;
‘‘(viii) introduction into the classroom of textbooks,
curricula, and other materials designed to achieve
equity for women and girls;
‘‘(ix) programs and policies to address sexual
harassment and violence against women and girls and
to ensure that educational institutions are free from
threats to the safety of students and personnel;
‘‘(x) nondiscriminatory tests of aptitude and
achievement and of alternative assessments that eliminate biased assessment instruments from use;
‘‘(xi) programs to increase educational opportunities, including higher education, vocational training,
and other educational programs for low-income women,
including underemployed and unemployed women, and
women receiving assistance under a State program
funded under part A of title IV of the Social Security
Act;
‘‘(xii) programs to improve representation of
women in educational administration at all levels; and

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‘‘(xiii)
planning,
development,
and
initial
implementation of—
‘‘(I) comprehensive institutionwide or districtwide evaluation to assess the presence or absence
of gender equity in educational settings;
‘‘(II) comprehensive plans for implementation
of equity programs in State educational agencies
and local educational agencies and institutions of
higher education, including community colleges;
and
‘‘(III) innovative approaches to school-community partnerships for educational equity; and
‘‘(B) for research and development, which shall be
coordinated with each of the research institutes of the
Office of Educational Research and Improvement to avoid
duplication of research efforts, designed to advance gender
equity nationwide and to help make policies and practices
in educational agencies and institutions, and local communities, gender equitable, including—
‘‘(i) research and development of innovative strategies and model training programs for teachers and
other education personnel;
‘‘(ii) the development of high-quality and challenging assessment instruments that are nondiscriminatory;
‘‘(iii) the development and evaluation of model curricula, textbooks, software, and other educational materials to ensure the absence of gender stereotyping and
bias;
‘‘(iv) the development of instruments and procedures that employ new and innovative strategies to
assess whether diverse educational settings are gender
equitable;
‘‘(v) the development of instruments and strategies
for evaluation, dissemination, and replication of promising or exemplary programs designed to assist local
educational agencies in integrating gender equity in
their educational policies and practices;
‘‘(vi) updating high-quality educational materials
previously developed through awards made under this
subpart;
‘‘(vii) the development of policies and programs
to address and prevent sexual harassment and violence
to ensure that educational institutions are free from
threats to safety of students and personnel;
‘‘(viii) the development and improvement of programs and activities to increase opportunity for women,
including continuing educational activities, vocational
education, and programs for low-income women,
including underemployed and unemployed women, and
women receiving assistance under the State program
funded under part A of title IV of the Social Security
Act; and
‘‘(ix) the development of guidance and counseling
activities, including career education programs,
designed to ensure gender equity.

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‘‘SEC. 5614. APPLICATIONS.

20 USC 7283c.

‘‘An application under this subpart shall—
‘‘(1) set forth policies and procedures that will ensure a
comprehensive evaluation of the activities assisted under this
subpart, including an evaluation of the practices, policies, and
materials used by the applicant and an evaluation or estimate
of the continued significance of the work of the project following
completion of the award period;
‘‘(2) demonstrate how the applicant will address perceptions
of gender roles based on cultural differences or stereotypes;
‘‘(3) for applications for assistance under section 5613(b)(1),
demonstrate how the applicant will foster partnerships and,
where applicable, share resources with State educational agencies, local educational agencies, institutions of higher education,
community-based organizations (including organizations
serving women), parent, teacher, and student groups,
businesses, or other recipients of Federal educational funding
which may include State literacy resource centers;
‘‘(4) for applications for assistance under section 5613(b)(1),
demonstrate how parental involvement in the project will be
encouraged; and
‘‘(5) for applications for assistance under section 5613(b)(1),
describe plans for continuation of the activities assisted under
this subpart with local support following completion of the
grant period and termination of Federal support under this
subpart.
‘‘SEC. 5615. CRITERIA AND PRIORITIES.

20 USC 7283d.

‘‘(a) CRITERIA AND PRIORITIES.—
‘‘(1) IN GENERAL.—The Secretary shall establish separate
criteria and priorities for awards under paragraphs (1) and
(2) of section 5613(b) to ensure that funds under this subpart
are used for programs that most effectively will achieve the
purposes of this subpart.
‘‘(2) CRITERIA.—The criteria described in paragraph (1) may
include the extent to which the activities assisted under this
subpart—
‘‘(A) address the needs of women and girls of color
and women and girls with disabilities;
‘‘(B) meet locally defined and documented educational
equity needs and priorities, including compliance with title
IX of the Education Amendments of 1972;
‘‘(C) are a significant component of a comprehensive
plan for educational equity and compliance with title IX
of the Education Amendments of 1972 in the particular
school district, institution of higher education, vocationaltechnical institution, or other educational agency or institution; and
‘‘(D) implement an institutional change strategy with
long-term impact that will continue as a central activity
of the applicant after the grant under this subpart has
terminated.
‘‘(b) PRIORITIES.—In awarding grants under this subpart, the
Secretary may give special consideration to applications—
‘‘(1) submitted by applicants that have not received assistance under this subpart or this subpart’s predecessor authorities;

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‘‘(2) for projects that will contribute significantly to directly
improving teaching and learning practices in the local community; and
‘‘(3) for projects that will—
‘‘(A) provide for a comprehensive approach to
enhancing gender equity in educational institutions and
agencies;
‘‘(B) draw on a variety of resources, including the
resources of local educational agencies, community-based
organizations, institutions of higher education, and private
organizations;
‘‘(C) implement a strategy with long-term impact that
will continue as a central activity of the applicant after
the grant under this subpart has terminated;
‘‘(D) address issues of national significance that can
be duplicated; and
‘‘(E) address the educational needs of women and girls
who suffer multiple or compound discrimination based on
sex and on race, ethnic origin, disability, or age.
‘‘(c) SPECIAL RULE.—To the extent feasible, the Secretary shall
ensure that grants awarded under this subpart for each fiscal
year address—
‘‘(1) all levels of education, including preschool, elementary
and secondary education, higher education, vocational education, and adult education;
‘‘(2) all regions of the United States; and
‘‘(3) urban, rural, and suburban educational institutions.
‘‘(d) COORDINATION.—Research activities supported under this
subpart—
‘‘(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
‘‘(2) may include collaborative research activities which
are jointly funded and carried out with the Office of Educational
Research and Improvement.
‘‘(e) LIMITATION.—Nothing in this subpart shall be construed
as prohibiting men and boys from participating in any programs
or activities assisted with funds under this subpart.

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20 USC 7283e.

‘‘SEC. 5616. REPORT.

Deadline.

‘‘Not later than January 1, 2006, the Secretary shall submit
to the President and Congress a report on the status of educational
equity for girls and women in the Nation.

20 USC 7283f.

‘‘SEC. 5617. ADMINISTRATION.

Deadline.

‘‘(a) EVALUATION AND DISSEMINATION.—Not later than January
1, 2005, the Secretary shall evaluate and disseminate materials
and programs developed under this subpart and shall report to
Congress regarding such evaluation materials and programs.
‘‘(b) PROGRAM OPERATIONS.—The Secretary shall ensure that
the activities assisted under this subpart are administered within
the Department by a person who has recognized professional qualifications and experience in the field of gender equity education.

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‘‘SEC. 5618. AMOUNT.

20 USC 7283g.

‘‘From amounts made available to carry out this subpart for
a fiscal year, not less than two-thirds of such amount shall be
used to carry out the activities described in section 5613(b)(1).’’.
SEC. 502. CONTINUATION OF AWARDS.

(a) IN GENERAL.—Notwithstanding any other provision of this
Act or the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), in the case of any agency or consortium
that was awarded a grant under section 5111 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7211) or any
person or agency that was awarded a contract or grant under
part B, D, or E of title X of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8031 et seq., 8091 et seq., 8131 et seq.),
prior to the date of enactment of this Act, the Secretary of Education
shall continue to provide funds in accordance with the terms of
such award until the date on which the award period terminates
under such terms.
(b) SPECIAL RULE.—Notwithstanding any other provision of this
Act, any person or agency that was awarded or entered into a
grant, contract, or cooperative agreement under part B of title
V of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7231 et seq.), prior to the date of enactment of this Act
shall continue to receive funds in accordance with the terms of
such grant, contract, or agreement until the date on which the
grant, contract, or agreement period terminates under such terms.

20 USC 6301
note.

TITLE VI—FLEXIBILITY AND
ACCOUNTABILITY
SEC. 601. FLEXIBILITY AND ACCOUNTABILITY.

Title VI (20 U.S.C. 7301 et seq.) is amended to read as follows:

‘‘TITLE VI—FLEXIBILITY AND
ACCOUNTABILITY
‘‘PART A—IMPROVING ACADEMIC
ACHIEVEMENT
‘‘Subpart 1—Accountability
‘‘SEC. 6111. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

20 USC 7301.

‘‘The Secretary shall make grants to States to enable the
States—
‘‘(1) to pay the costs of the development of the additional
State assessments and standards required by section 1111(b),
which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such
State; and
‘‘(2) if a State has developed the assessments and standards
required by section 1111(b), to administer those assessments
or to carry out other activities described in this subpart and
other activities related to ensuring that the State’s schools

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and local educational agencies are held accountable for results,
such as the following:
‘‘(A) Developing challenging State academic content
and student academic achievement standards and aligned
assessments in academic subjects for which standards and
assessments are not required by section 1111(b).
‘‘(B) Developing or improving assessments of English
language proficiency necessary to comply with section
1111(b)(7).
‘‘(C) Ensuring the continued validity and reliability
of State assessments.
‘‘(D) Refining State assessments to ensure their continued alignment with the State’s academic content standards
and to improve the alignment of curricula and instructional
materials.
‘‘(E) Developing multiple measures to increase the reliability and validity of State assessment systems.
‘‘(F) Strengthening the capacity of local educational
agencies and schools to provide all students the opportunity
to increase educational achievement, including carrying out
professional development activities aligned with State student academic achievement standards and assessments.
‘‘(G) Expanding the range of accommodations available
to students with limited English proficiency and students
with disabilities to improve the rates of inclusion of such
students, including professional development activities
aligned with State academic achievement standards and
assessments.
‘‘(H) Improving the dissemination of information on
student achievement and school performance to parents
and the community, including the development of information and reporting systems designed to identify best educational practices based on scientifically based research
or to assist in linking records of student achievement,
length of enrollment, and graduation over time.

20 USC 7301a.

‘‘SEC. 6112. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

‘‘(a) GRANT PROGRAM AUTHORIZED.—From funds made available
to carry out this subpart, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted
an application at such time, in such manner, and containing such
information as the Secretary may require, which demonstrate to
the satisfaction of the Secretary, that the requirements of this
section will be met, for the following:
‘‘(1) To enable States (or consortia of States) to collaborate
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
1111(b)(3).
‘‘(2) To measure student academic achievement using multiple measures of student academic achievement from multiple
sources.
‘‘(3) To chart student progress over time.
‘‘(4) To evaluate student academic achievement through
the development of comprehensive academic assessment

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instruments, such as performance and technology-based academic assessments.
‘‘(b) APPLICATION.—Each State wishing to apply for funds under
this section shall include in its State plan under part A of title
I such information as the Secretary may require.
‘‘(c) ANNUAL REPORT.—Each State educational agency receiving
a grant under this section shall submit an annual report to the
Secretary describing its activities, and the result of those activities,
under the grant.
‘‘SEC. 6113. FUNDING.

20 USC 7301b.

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—
For the purpose of administering the State assessments under
the National Assessment of Educational Progress, there are
authorized to be appropriated $72,000,000 for fiscal year 2002,
and such sums as may be necessary for each of the 5 succeeding
fiscal years.
‘‘(2) STATE ASSESSMENTS AND RELATED ACTIVITIES.—For the
purpose of carrying out this subpart, there are authorized to
be appropriated $490,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the 5 succeeding fiscal
years.
‘‘(b) ALLOTMENT OF APPROPRIATED FUNDS.—
‘‘(1) IN GENERAL.—From amounts made available for each
fiscal year under subsection (a)(2) that are equal to or less
than the amount described in section 1111(b)(3)(D) (hereinafter
in this subsection referred to as the ‘trigger amount’), the
Secretary shall—
‘‘(A) reserve one-half of 1 percent for the Bureau of
Indian Affairs;
‘‘(B) reserve one-half of 1 percent for the outlying areas;
and
‘‘(C) from the remainder, allocate to each State an
amount equal to—
‘‘(i) $3,000,000; and
‘‘(ii) with respect to any amounts remaining after
the allocation is made under clause (i), an amount
that bears the same relationship to such total
remaining amounts as the number of students ages
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.
‘‘(2) REMAINDER.—Any amounts remaining for a fiscal year
after the Secretary carries out paragraph (1) shall be made
available as follows:
‘‘(A)(i) To award funds under section 6112 to States
according to the quality, needs, and scope of the State
application under that section.
‘‘(ii) In determining the grant amount under clause
(i), the Secretary shall ensure that a State’s grant shall
include an amount that bears the same relationship to
the total funds available under this paragraph for the
fiscal year as the number of students ages 5 through 17
in the State (as determined by the Secretary on the basis

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of the most recent satisfactory data) bears to the total
number of such students in all States.
‘‘(B) Any amounts remaining after the Secretary
awards funds under subparagraph (A) shall be allocated
to each State that did not receive a grant under such
subparagraph, in an amount that bears the same relationship to the total funds available under this subparagraph
as the number of students ages 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.
‘‘(c) STATE DEFINED.—In this section, the term ‘State’ means
each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
State and Local
Transferability
Act.

‘‘Subpart 2—Funding Transferability for State and
Local Educational Agencies

20 USC 7305.

‘‘SEC. 6121. SHORT TITLE.

‘‘This subpart may be cited as the ‘State and Local Transferability Act’.
20 USC 7305a.

‘‘SEC. 6122. PURPOSE.

‘‘The purpose of this subpart is to allow States and local educational agencies the flexibility—
‘‘(1) to target Federal funds to Federal programs that most
effectively address the unique needs of States and localities;
and
‘‘(2) to transfer Federal funds allocated to other activities
to allocations for certain activities authorized under title I.
20 USC 7305b.

‘‘SEC. 6123. TRANSFERABILITY OF FUNDS.

‘‘(a) TRANSFERS BY STATES.—
‘‘(1) IN GENERAL.—In accordance with this subpart, a State
may transfer not more than 50 percent of the nonadministrative
State funds (including funds transferred under paragraph (2))
allotted to the State for use for State-level activities under
the following provisions for a fiscal year to one or more of
the State’s allotments for such fiscal year under any other
of such provisions:
‘‘(A) Section 2113(a)(3).
‘‘(B) Section 2412(a)(1).
‘‘(C) Subsections (a)(1) (with the agreement of the Governor) and (c)(1) of section 4112 and section 4202(c)(3).
‘‘(D) Section 5112(b).
‘‘(2) ADDITIONAL FUNDS FOR TITLE I.—In accordance with
this subpart and subject to the 50 percent limitation described
in paragraph (1), a State may transfer any funds allotted to
the State under a provision listed in paragraph (1) to its allotment under title I.
‘‘(b) TRANSFERS BY LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) AUTHORITY TO TRANSFER FUNDS.—
‘‘(A) IN GENERAL.—In accordance with this subpart,
a local educational agency (except a local educational
agency identified for improvement under section 1116(c)
or subject to corrective action under section 1116(c)(9))

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may transfer not more than 50 percent of the funds allocated to it (including funds transferred under subparagraph
(C)) under each of the provisions listed in paragraph (2)
for a fiscal year to one or more of its allocations for such
fiscal year under any other provision listed in paragraph
(2).
‘‘(B) AGENCIES IDENTIFIED FOR IMPROVEMENT.—In
accordance with this subpart, a local educational agency
identified for improvement under section 1116(c) may
transfer not more than 30 percent of the funds allocated
to it (including funds transferred under subparagraph (C))
under each of the provisions listed in paragraph (2) for
a fiscal year—
‘‘(i) to its allocation for school improvement for
such fiscal year under section 1003; or
‘‘(ii) to any other allocation for such fiscal year
if such transferred funds are used only for local educational agency improvement activities consistent with
section 1116(c).
‘‘(C) ADDITIONAL FUNDS FOR TITLE I.—In accordance
with this subpart and subject to the percentage limitation
described in subparagraph (A) or (B), as applicable, a local
educational agency may transfer funds allocated to such
agency under any of the provisions listed in paragraph
(2) for a fiscal year to its allocation for part A of title
I for that fiscal year.
‘‘(2) APPLICABLE PROVISIONS.—A local educational agency
may transfer funds under subparagraph (A), (B), or (C) of
paragraph (1) from allocations made under each of the following
provisions:
‘‘(A) Section 2121.
‘‘(B) Section 2412(a)(2)(A).
‘‘(C) Section 4112(b)(1).
‘‘(D) Section 5112(a).
‘‘(c) NO TRANSFER OF TITLE I FUNDS.—A State or a local educational agency may not transfer under this subpart to any other
program any funds allotted or allocated to it for part A of title
I.
‘‘(d) MODIFICATION OF PLANS AND APPLICATIONS; NOTIFICATION.—
‘‘(1) STATE TRANSFERS.—Each State that makes a transfer
of funds under this section shall—
‘‘(A) modify, to account for such transfer, each State
plan, or application submitted by the State, to which such
funds relate;
‘‘(B) not later than 30 days after the date of such
transfer, submit a copy of such modified plan or application
to the Secretary; and
‘‘(C) not later than 30 days before the effective date
of such transfer, notify the Secretary of such transfer.
‘‘(2) LOCAL TRANSFERS.—Each local educational agency that
makes a transfer of funds under this section shall—
‘‘(A) modify, to account for such transfer, each local
plan, or application submitted by the agency, to which
such funds relate;

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‘‘(B) not later than 30 days after the date of such
transfer, submit a copy of such modified plan or application
to the State; and
‘‘(C) not later than 30 days before the effective date
of such transfer, notify the State of such transfer.
‘‘(e) APPLICABLE RULES.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
subpart, funds transferred under this section are subject to
each of the rules and requirements applicable to the funds
under the provision to which the transferred funds are transferred.
‘‘(2) CONSULTATION.—Each State educational agency or
local educational agency that transfers funds under this section
shall conduct consultations in accordance with section 9501,
if such transfer transfers funds from a program that provides
for the participation of students, teachers, or other educational
personnel, from private schools.

Deadline.

Deadline.

State and Local
Flexibility
Demonstration
Act.
20 USC 7311.

‘‘Subpart 3—State and Local Flexibility
Demonstration
‘‘SEC. 6131. SHORT TITLE.

‘‘This subpart may be cited as the ‘State and Local Flexibility
Demonstration Act’.
20 USC 7311a.

‘‘SEC. 6132. PURPOSE.

‘‘The purpose of this subpart is to create options for selected
State educational agencies and local educational agencies—
‘‘(1) to improve the academic achievement of all students,
and to focus the resources of the Federal Government upon
such achievement;
‘‘(2) to improve teacher quality and subject matter mastery,
especially in mathematics, reading, and science;
‘‘(3) to better empower parents, educators, administrators,
and schools to effectively address the needs of their children
and students;
‘‘(4) to give participating State educational agencies and
local educational agencies greater flexibility in determining how
to increase their students’ academic achievement and implement education reforms in their schools;
‘‘(5) to eliminate barriers to implementing effective State
and local education reform, while preserving the goals of opportunity for all students and accountability for student progress;
‘‘(6) to hold participating State educational agencies and
local educational agencies accountable for increasing the academic achievement of all students, especially disadvantaged
students; and
‘‘(7) to narrow achievement gaps between the lowest and
highest achieving groups of students so that no child is left
behind.
20 USC 7311b.

‘‘SEC. 6133. GENERAL PROVISION.

‘‘For purposes of this subpart, any State that is one local
educational agency shall be considered a State educational agency
and not a local educational agency.

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‘‘CHAPTER A—STATE FLEXIBILITY AUTHORITY
‘‘SEC. 6141. STATE FLEXIBILITY.

20 USC 7315.

‘‘(a) FLEXIBILITY AUTHORITY.—Except as otherwise provided in
this chapter, the Secretary shall, on a competitive basis, grant
flexibility authority to not more than seven eligible State educational agencies, under which the agencies may consolidate and
use funds in accordance with section 6142.
‘‘(b) DEFINITIONS.—In this chapter:
‘‘(1) ELIGIBLE STATE EDUCATIONAL AGENCY.—The term
‘eligible State educational agency’ means a State educational
agency that—
‘‘(A) submits an approvable application under subsection (c); and
‘‘(B) proposes performance agreements—
‘‘(i) that shall be entered into with not fewer than
4, and not more than 10, local educational agencies;
‘‘(ii) not fewer than half of which shall be entered
into with high-poverty local educational agencies; and
‘‘(iii) that require the local educational agencies
described in clause (i) to align their use of consolidated
funds under section 6152 with the State educational
agency’s use of consolidated funds under section 6142.
‘‘(2) HIGH-POVERTY LOCAL EDUCATIONAL AGENCY.—The term
‘high-poverty local educational agency’ means a local educational agency for which 20 percent or more of the children
who are age 5 through 17, and served by the local educational
agency, are from families with incomes below the poverty line.
‘‘(c) STATE APPLICATIONS.—
‘‘(1) APPLICATIONS.—To be eligible to receive flexibility
authority under this chapter, a State educational agency shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require, including—
‘‘(A) information demonstrating, to the satisfaction of
the Secretary, that the grant of authority offers substantial
promise of—
‘‘(i) assisting the State educational agency in
making adequate yearly progress, as defined under
section 1111(b)(2); and
‘‘(ii) aligning State and local reforms and assisting
the local educational agencies that enter into performance agreements with the State educational agency
under paragraph (2) in making such adequate yearly
progress;
‘‘(B) the performance agreements that the State educational agency proposes to enter into with eligible local
educational agencies under paragraph (2);
‘‘(C) information demonstrating that the State educational agency has consulted with and involved parents,
representatives of local educational agencies, and other
educators in the development of the terms of the grant
of authority;
‘‘(D) a provision specifying that the grant of flexibility
authority shall be for a term of not more than 5 years;
‘‘(E) a list of the programs described in section 6142(b)
that are included in the scope of the grant of authority;

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‘‘(F) a provision specifying that no requirements of
any program described in section 6142(b) and included
by a State educational agency in the scope of the grant
of authority shall apply to that agency, except as otherwise
provided in this chapter;
‘‘(G) a 5-year plan describing how the State educational
agency intends to consolidate and use the funds from programs included in the scope of the grant of authority,
for any educational purpose authorized under this Act,
in order to make adequate yearly progress and advance
the education priorities of the State and the local educational agencies with which the State educational agency
enters into performance agreements;
‘‘(H) an assurance that the State educational agency
will provide parents, teachers, and representatives of local
educational agencies and schools with notice and an opportunity to comment on the proposed terms of the grant
of authority;
‘‘(I) an assurance that the State educational agency,
and the local educational agencies with which the State
educational agency enters into performance agreements,
will use fiscal control and fund accounting procedures that
will ensure proper disbursement of, and accounting for,
Federal funds consolidated and used under the grant of
authority;
‘‘(J) an assurance that the State educational agency,
and the local educational agencies with which the State
educational agency enters into performance agreements,
will meet the requirements of all applicable Federal civil
rights laws in carrying out the grant of authority, including
consolidating and using funds under the grant of authority;
‘‘(K) an assurance that, in consolidating and using
funds under the grant of authority—
‘‘(i) the State educational agency, and the local
educational agencies with which the State educational
agency enters into performance agreements, will provide for the equitable participation of students and
professional staff in private schools consistent with
section 9501; and
‘‘(ii) that sections 9502, 9503, and 9504 shall apply
to all services and assistance provided with such funds
in the same manner as such sections apply to services
and assistance provided in accordance with section
9501;
‘‘(L) an assurance that the State educational agency
will, for the duration of the grant of authority, use funds
consolidated under section 6142 only to supplement the
amount of funds that would, in the absence of those Federal
funds, be made available from non-Federal sources for the
education of students participating in programs assisted
with the consolidated funds, and not to supplant those
funds; and
‘‘(M) an assurance that the State educational agency
shall, not later than 1 year after the date on which the
Secretary makes the grant of authority, and annually thereafter during the term of the grant of authority, disseminate
widely to parents and the general public, transmit to the

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Secretary, distribute to print and broadcast media, and
post on the Internet, a report, which shall include a detailed
description of how the State educational agency, and the
local educational agencies with which the State educational
agency enters into performance agreements, used the funds
consolidated under the grant of authority to make adequate
yearly progress and advance the education priorities of
the State and local educational agencies in the State.
‘‘(2) PROPOSED PERFORMANCE AGREEMENTS WITH LOCAL
EDUCATIONAL AGENCIES.—
‘‘(A) IN GENERAL.—A State educational agency that
wishes to receive flexibility authority under this subpart
shall propose performance agreements that meet the
requirements of clauses (i) and (ii) of subsection (b)(1)(B)
(subject to approval of the application or amendment
involved under subsection (d) or (e)).
‘‘(B) PERFORMANCE AGREEMENTS.—Each proposed
performance agreement with a local educational agency
shall—
‘‘(i) contain plans for the local educational agency
to consolidate and use funds in accordance with section
6152, for activities that are aligned with the State
educational agency’s plan described in paragraph
(1)(G);
‘‘(ii) be subject to the requirements of chapter B
relating to agreements between the Secretary and a
local educational agency, except—
‘‘(I) that, as appropriate, references in that
chapter to the Secretary shall be deemed to be
references to the State educational agency; and
‘‘(II) as otherwise provided in this chapter;
and
‘‘(iii) contain an assurance that the local educational agency will, for the duration of the grant of
authority, use funds consolidated under section 6152
only to supplement the amount of funds that would,
in the absence of those Federal funds, be made available from non-Federal sources for the education of
students participating in programs assisted with the
consolidated funds, and not to supplant those funds.
‘‘(d) APPROVAL AND SELECTION.—The Secretary shall—
‘‘(1) establish a peer review process to assist in the review
of proposed State applications under this section; and
‘‘(2) appoint individuals to participate in the peer review
process who are—
‘‘(A) representative of parents, teachers, State educational agencies, and local educational agencies; and
‘‘(B) familiar with educational standards, assessments,
accountability, curricula, instruction, and staff development, and other diverse educational needs of students.
‘‘(e) AMENDMENT TO GRANT OF AUTHORITY.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall amend the grant of flexibility authority made to a State
educational agency under this chapter, in each of the following
circumstances:
‘‘(A) REDUCTION IN SCOPE OF THE GRANT OF
AUTHORITY.—Not later than 1 year after receiving a grant

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of flexibility authority, the State educational agency seeks
to amend the grant of authority to remove from the scope
of the grant of authority any program described in section
6142(b).
‘‘(B) EXPANSION OF SCOPE OF THE GRANT OF
AUTHORITY.—Not later than 1 year after receiving a grant
of flexibility authority, the State educational agency seeks
to amend the grant of authority to include in the scope
of the grant of authority any additional program described
in section 6142(b) or any additional achievement indicators
for which the State will be held accountable.
‘‘(C) CHANGES WITH RESPECT TO NUMBER OF PERFORMANCE AGREEMENTS.—The State educational agency seeks
to amend the grant of authority to include or remove
performance agreements that the State educational agency
proposes to enter into with eligible local educational agencies, except that in no case may the State educational
agency enter into performance agreements that do not meet
the requirements of clauses (i) and (ii) of subsection
(b)(1)(B).
‘‘(2) APPROVAL AND DISAPPROVAL.—
‘‘(A) DEEMED APPROVAL.—A proposed amendment to
a grant of flexibility authority submitted by a State educational agency pursuant to paragraph (1) shall be deemed
to be approved by the Secretary unless the Secretary makes
a written determination, prior to the expiration of the
120-day period beginning on the date on which the Secretary received the proposed amendment, that the proposed
amendment is not in compliance with this chapter.
‘‘(B) DISAPPROVAL.—The Secretary shall not finally disapprove the proposed amendment, except after giving the
State educational agency notice and an opportunity for
a hearing.
‘‘(C) NOTIFICATION.—If the Secretary finds that the
proposed amendment is not in compliance, in whole or
in part, with this chapter, the Secretary shall—
‘‘(i) give the State educational agency notice and
an opportunity for a hearing; and
‘‘(ii) notify the State educational agency of the
finding of noncompliance and, in such notification,
shall—
‘‘(I) cite the specific provisions in the proposed
amendment that are not in compliance; and
‘‘(II) request additional information, only as
to the noncompliant provisions, needed to make
the proposed amendment compliant.
‘‘(D) RESPONSE.—If the State educational agency
responds to the Secretary’s notification described in
subparagraph (C)(ii) during the 45-day period beginning
on the date on which the agency received the notification,
and resubmits the proposed amendment with the requested
information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such proposed amendment prior to the later of—
‘‘(i) the expiration of the 45-day period beginning
on the date on which the proposed amendment is resubmitted; or

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‘‘(ii) the expiration of the 120-day period described
in subparagraph (A).
‘‘(E) FAILURE TO RESPOND.—If the State educational
agency does not respond to the Secretary’s notification
described in subparagraph (C)(ii) during the 45-day period
beginning on the date on which the agency received the
notification, such proposed amendment shall be deemed
to be disapproved.
‘‘(3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM
GRANT OF AUTHORITY.—Beginning on the effective date of an
amendment executed under paragraph (1)(A), each program
requirement of each program removed from the scope of a
grant of authority shall apply to the use of funds made available
under the program by the State educational agency and each
local educational agency with which the State educational
agency has a performance agreement.
20 USC 7315a.

‘‘SEC. 6142. CONSOLIDATION AND USE OF FUNDS.

‘‘(a) IN GENERAL.—
‘‘(1) AUTHORITY.—Under a grant of flexibility authority
made under this chapter, a State educational agency may
consolidate Federal funds described in subsection (b) and made
available to the agency, and use such funds for any educational
purpose authorized under this Act.
‘‘(2) PROGRAM REQUIREMENTS.—Except as otherwise provided in this chapter, a State educational agency may use
funds under paragraph (1) notwithstanding the program
requirements of the program under which the funds were made
available to the State.
‘‘(b) ELIGIBLE FUNDS AND PROGRAMS.—
‘‘(1) FUNDS.—The funds described in this subsection are
funds, for State-level activities and State administration, that
are described in the following provisions:
‘‘(A) Section 1004.
‘‘(B) Paragraphs (4) and (5) of section 1202(d).
‘‘(C) Section 2113(a)(3).
‘‘(D) Section 2412(a)(1).
‘‘(E) Subsections (a) (with the agreement of the Governor), (b)(2), and (c)(1) of section 4112.
‘‘(F) Paragraphs (2) and (3) of section 4202(c).
‘‘(G) Section 5112(b).
‘‘(2) PROGRAMS.—The programs described in this subsection
are the programs authorized to be carried out with funds
described in paragraph (1).
‘‘(c) SPECIAL RULE.—A State educational agency that receives
a grant of flexibility authority under this chapter—
‘‘(1) shall ensure that the funds described in section 5112(a)
are allocated to local educational agencies in the State in
accordance with section 5112(a); but
‘‘(2) may specify how the local educational agencies shall
use the allocated funds.
‘‘SEC. 6143. PERFORMANCE REVIEW AND PENALTIES.

20 USC 7315b.

‘‘(a) MIDTERM REVIEW.—
‘‘(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If,
during the term of a grant of flexibility authority under this
chapter, a State educational agency fails to make adequate
yearly progress for 2 consecutive years, the Secretary shall,

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after providing notice and an opportunity for a hearing, terminate the grant of authority promptly.
‘‘(2) NONCOMPLIANCE.—The Secretary may, after providing
notice and an opportunity for a hearing (including the opportunity to provide evidence as described in paragraph (3)), terminate a grant of flexibility authority for a State if there is
evidence that the State educational agency involved has failed
to comply with the terms of the grant of authority.
‘‘(3) EVIDENCE.—If a State educational agency believes that
a determination of the Secretary under this subsection is in
error for statistical or other substantive reasons, the State
educational agency may provide supporting evidence to the
Secretary, and the Secretary shall consider that evidence before
making a final termination determination under this subsection.
‘‘(b) FINAL REVIEW.—
‘‘(1) IN GENERAL.—If, at the end of the 5-year term of
a grant of flexibility authority made under this chapter, the
State educational agency has not met the requirements
described in section 6141(c), the Secretary may not renew the
grant of flexibility authority under section 6144.
‘‘(2) COMPLIANCE.—Beginning on the date on which such
term ends, the State educational agency, and the local educational agencies with which the State educational agency has
entered into performance agreements, shall be required to
comply with each of the program requirements in effect on
such date for each program that was included in the grant
of authority.

20 USC 7315c.

‘‘SEC. 6144. RENEWAL OF GRANT OF FLEXIBILITY AUTHORITY.

‘‘(a) IN GENERAL.—Except as provided in section 6143 and
in accordance with this section, if a State educational agency has
met, by the end of the original 5-year term of a grant of flexibility
authority under this chapter, the requirements described in section
6141(c), the Secretary shall renew a grant of flexibility authority
for one additional 5-year term.
‘‘(b) RENEWAL.—The Secretary may not renew a grant of flexibility authority under this chapter unless, not later than 6 months
before the end of the original term of the grant of authority, the
State educational agency seeking the renewal notifies the Secretary,
and the local educational agencies with which the State educational
agency has entered into performance agreements, of the agency’s
intention to renew the grant of authority.
‘‘(c) EFFECTIVE DATE.—A renewal under this section shall be
effective on the later of—
‘‘(1) the expiration of the original term of the grant of
authority; or
‘‘(2) the date on which the State educational agency seeking
the renewal provides to the Secretary all data required for
the application described in section 6141(c).
‘‘CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION
20 USC 7321.

‘‘SEC. 6151. LOCAL FLEXIBILITY DEMONSTRATION AGREEMENTS.

‘‘(a) AUTHORITY.—Except as otherwise provided in this chapter,
the Secretary shall, on a competitive basis, enter into local flexibility
demonstration agreements—

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‘‘(1) with local educational agencies that submit approvable
proposed agreements under subsection (c) and that are selected
under subsection (b); and
‘‘(2) under which those agencies may consolidate and use
funds in accordance with section 6152.
‘‘(b) SELECTION OF LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall enter into local flexibility demonstration agreements
under this chapter with not more than 80 local educational
agencies. Each local educational agency shall be selected on
a competitive basis from among those local educational agencies
that—
‘‘(A) submit a proposed local flexibility demonstration
agreement under subsection (c) to the Secretary and demonstrate, to the satisfaction of the Secretary, that the
agreement—
‘‘(i) has a substantial promise of assisting the local
educational agency in meeting the State’s definition
of adequate yearly progress, advancing the education
priorities of the local educational agency, meeting the
general purposes of the programs included under this
chapter and the purposes of this part, improving student achievement, and narrowing achievement gaps
in accordance with section 1111(b);
‘‘(ii) meets the requirements of this chapter; and
‘‘(iii) contains a plan to consolidate and use funds
in accordance with section 6152 in order to meet the
State’s definition of adequate yearly progress and the
local educational agency’s specific, measurable goals
for improving student achievement and narrowing
achievement gaps; and
‘‘(B) have consulted and involved parents and other
educators in the development of the proposed local flexibility demonstration agreement.
‘‘(2) GEOGRAPHIC DISTRIBUTION.—
‘‘(A) INITIAL AGREEMENTS.—The Secretary may enter
into not more than three local flexibility demonstration
agreements under this chapter with local educational agencies in each State that does not have a grant of flexibility
authority under chapter A.
‘‘(B) URBAN AND RURAL AREAS.—If more than three
local educational agencies in a State submit approvable
local flexibility demonstration agreements under this
chapter, the Secretary shall select local educational agencies with which to enter into such agreements in a manner
that ensures an equitable distribution among such agencies
serving urban and rural areas.
‘‘(C) PRIORITY OF STATES TO ENTER INTO STATE FLEXIBILITY
DEMONSTRATION
AGREEMENTS.—Notwithstanding
any other provision of this part, a local educational agency
may not seek to enter into a local flexibility demonstration
agreement under this chapter if that agency is located
in a State for which the State educational agency—
‘‘(i) has, not later than 4 months after the date
of enactment of the No Child Left Behind Act of 2001,
notified the Secretary of its intent to apply for a grant
of flexibility authority under chapter A and, within

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such period of time as the Secretary may establish,
is provided with such authority by the Secretary; or
‘‘(ii) has, at any time after such period, been
granted flexibility authority under chapter A.
‘‘(c) REQUIRED TERMS OF LOCAL FLEXIBILITY DEMONSTRATION
AGREEMENT.—Each local flexibility demonstration agreement
entered into with the Secretary under this chapter shall contain
each of the following terms:
‘‘(1) DURATION.—The local flexibility demonstration agreement shall be for a term of 5 years.
‘‘(2) APPLICATION OF PROGRAM REQUIREMENTS.—The local
flexibility demonstration agreement shall provide that no
requirements of any program described in section 6152 and
included by a local educational agency in the scope of its agreement shall apply to that agency, except as otherwise provided
in this chapter.
‘‘(3) LIST OF PROGRAMS.—The local flexibility demonstration
agreement shall list which of the programs described in section
6152 are included in the scope of the agreement.
‘‘(4) USE OF FUNDS TO IMPROVE STUDENT ACHIEVEMENT.—
The local flexibility demonstration agreement shall contain a
5-year plan describing how the local educational agency intends
to consolidate and use the funds from programs included in
the scope of the agreement for any educational purpose authorized under this Act to advance the education priorities of the
local educational agency, meet the general purposes of the
included programs, improve student achievement, and narrow
achievement gaps in accordance with section 1111(b).
‘‘(5) LOCAL INPUT.—The local flexibility demonstration
agreement shall contain an assurance that the local educational
agency will provide parents, teachers, and representatives of
schools with notice and an opportunity to comment on the
proposed terms of the local flexibility demonstration agreement.
‘‘(6) FISCAL RESPONSIBILITIES.—The local flexibility demonstration agreement shall contain an assurance that the local
educational agency will use fiscal control and fund accounting
procedures that will ensure proper disbursement of, and
accounting for, Federal funds consolidated and used under the
agreement.
‘‘(7) CIVIL RIGHTS.—The local flexibility demonstration
agreement shall contain an assurance that the local educational
agency will meet the requirements of all applicable Federal
civil rights laws in carrying out the agreement and in consolidating and using the funds under the agreement.
‘‘(8) PRIVATE SCHOOL PARTICIPATION.—The local flexibility
demonstration agreement shall contain an assurance that the
local educational agency agrees that in consolidating and using
funds under the agreement—
‘‘(A) the local educational agency, will provide for the
equitable participation of students and professional staff
in private schools consistent with section 9501; and
‘‘(B) that sections 9502, 9503, and 9504 shall apply
to all services and assistance provided with such funds
in the same manner as such sections apply to services
and assistance provided in accordance with section 9501.
‘‘(9) SUPPLANTING.—The local flexibility demonstration
agreement shall contain an assurance that the local educational

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agency will, for the duration of the grant of authority, use
funds consolidated under section 6152 only to supplement the
amount of funds that would, in the absence of those Federal
funds, be made available from non-Federal sources for the
education of students participating in programs assisted with
the consolidated funds, and not to supplant those funds.
‘‘(10) ANNUAL REPORTS.—The local flexibility demonstration
agreement shall contain an assurance that the local educational
agency shall, not later than 1 year after the date on which
the Secretary enters into the agreement, and annually thereafter during the term of the agreement, disseminate widely
to parents and the general public, transmit to the Secretary,
and the State educational agency for the State in which the
local educational agency is located, distribute to print and
broadcast media, and post on the Internet, a report that
includes a detailed description of how the local educational
agency used the funds consolidated under the agreement to
improve student academic achievement and reduce achievement
gaps.
‘‘(d) PEER REVIEW.—The Secretary shall—
‘‘(1) establish a peer review process to assist in the review
of proposed local flexibility demonstration agreements under
this chapter; and
‘‘(2) appoint individuals to the peer review process who
are representative of parents, teachers, State educational agencies, and local educational agencies, and who are familiar with
educational standards, assessments, accountability, curriculum,
instruction and staff development, and other diverse educational needs of students.
‘‘(e) AMENDMENT TO PERFORMANCE AGREEMENT.—
‘‘(1) IN GENERAL.—In each of the following circumstances,
the Secretary shall amend a local flexibility demonstration
agreement entered into with a local educational agency under
this chapter:
‘‘(A) REDUCTION IN SCOPE OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.—Not later than 1 year after
entering into a local flexibility demonstration agreement,
the local educational agency seeks to amend the agreement
to remove from the scope any program described in section
6152.
‘‘(B) EXPANSION OF SCOPE OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.—Not later than 1 year after
entering into the local flexibility demonstration agreement,
a local educational agency seeks to amend the agreement
to include in its scope any additional program described
in section 6251 or any additional achievement indicators
for which the local educational agency will be held accountable.
‘‘(2) APPROVAL AND DISAPPROVAL.—
‘‘(A) DEEMED APPROVAL.—A proposed amendment to
a local flexibility demonstration agreement pursuant to
paragraph (1) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination,
prior to the expiration of the 120-day period beginning
on the date on which the Secretary received the proposed
amendment, that the proposed amendment is not in compliance with this chapter.

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‘‘(B) DISAPPROVAL.—The Secretary shall not finally disapprove the proposed amendment, except after giving the
local educational agency notice and an opportunity for a
hearing.
‘‘(C) NOTIFICATION.—If the Secretary finds that the
proposed amendment is not in compliance, in whole or
in part, with this chapter, the Secretary shall—
‘‘(i) give the local educational agency notice and
an opportunity for a hearing; and
‘‘(ii) notify the local educational agency of the
finding of noncompliance and, in such notification,
shall—
‘‘(I) cite the specific provisions in the proposed
amendment that are not in compliance; and
‘‘(II) request additional information, only as
to the noncompliant provisions, needed to make
the proposed amendment compliant.
‘‘(D) RESPONSE.—If the local educational agency
responds to the Secretary’s notification described in
subparagraph (C)(ii) during the 45-day period beginning
on the date on which the agency received the notification,
and resubmits the proposed amendment with the requested
information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such proposed amendment prior to the later of—
‘‘(i) the expiration of the 45-day period beginning
on the date on which the proposed amendment is resubmitted; or
‘‘(ii) the expiration of the 120-day period described
in subparagraph (A).
‘‘(E) FAILURE TO RESPOND.—If the local educational
agency does not respond to the Secretary’s notification
described in subparagraph (C)(ii) during the 45-day period
beginning on the date on which the agency received the
notification, such proposed amendment shall be deemed
to be disapproved.
‘‘(3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM
AGREEMENT.—Beginning on the effective date of an amendment
executed under paragraph (1)(A), each program requirement
of each program removed from the scope of a local flexibility
demonstration agreement shall apply to the use of funds made
available under the program by the local educational agency.

20 USC 7321a.

‘‘SEC. 6152. CONSOLIDATION AND USE OF FUNDS.

‘‘(a) IN GENERAL.—
‘‘(1) AUTHORITY.—Under a local flexibility demonstration
agreement entered into under this chapter, a local educational
agency may consolidate Federal funds made available to the
agency under the provisions listed in subsection (b) and use
such funds for any educational purpose permitted under this
Act.
‘‘(2) PROGRAM REQUIREMENTS.—Except as otherwise provided in this chapter, a local educational agency may use funds
under paragraph (1) notwithstanding the program requirements
of the program under which the funds were made available
to the agency.

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‘‘(b) ELIGIBLE PROGRAMS.—Program funds made available to
local educational agencies on the basis of a formula under the
following provisions may be consolidated and used under subsection
(a):
‘‘(1) Subpart 2 of part A of title II.
‘‘(2) Subpart 1 of part D of title II.
‘‘(3) Subpart 1 of part A of title IV.
‘‘(4) Subpart 1 of part A of title V.
‘‘SEC. 6153. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.

20 USC 7321b.

‘‘Each local educational agency that has entered into a local
flexibility demonstration agreement with the Secretary under this
chapter may use for administrative purposes not more than 4
percent of the total amount of funds allocated to the agency under
the programs included in the scope of the agreement.
‘‘SEC. 6154. PERFORMANCE REVIEW AND PENALTIES.

20 USC 7321c.

‘‘(a) MIDTERM REVIEW.—
‘‘(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If,
during the term of a local flexibility demonstration agreement,
a local educational agency fails to make adequate yearly
progress for 2 consecutive years, the Secretary shall, after
notice and opportunity for a hearing, promptly terminate the
agreement.
‘‘(2) NONCOMPLIANCE.—The Secretary may, after providing
notice and an opportunity for a hearing (including the opportunity to provide information as provided for in paragraph
(3)), terminate a local flexibility demonstration agreement
under this chapter if there is evidence that the local educational
agency has failed to comply with the terms of the agreement.
‘‘(3) EVIDENCE.—If a local educational agency believes that
the Secretary’s determination under this subsection is in error
for statistical or other substantive reasons, the local educational
agency may provide supporting evidence to the Secretary, and
the Secretary shall consider that evidence before making a
final early termination determination.
‘‘(b) FINAL REVIEW.—If, at the end of the 5-year term of a
local flexibility demonstration agreement entered into under this
chapter, the local educational agency has not met the requirements
described in section 6151(c), the Secretary may not renew the
agreement under section 6155 and, beginning on the date on which
such term ends, the local educational agency shall be required
to comply with each of the program requirements in effect on
such date for each program included in the local flexibility demonstration agreement.
‘‘SEC. 6155. RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION
AGREEMENT.

20 USC 7321d.

‘‘(a) IN GENERAL.—Except as provided in section 6154 and
in accordance with this section, the Secretary shall renew for one
additional 5-year term a local flexibility demonstration agreement
entered into under this chapter if the local educational agency
has met, by the end of the original term of the agreement, the
requirements described in section 6151(c).
‘‘(b) NOTIFICATION.—The Secretary may not renew a local flexibility demonstration agreement under this chapter unless, not less
than 6 months before the end of the original term of the agreement,

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the local educational agency seeking the renewal notifies the Secretary of its intention to renew.
‘‘(c) EFFECTIVE DATE.—A renewal under this section shall be
effective at the end of the original term of the agreement or on
the date on which the local educational agency seeking renewal
provides to the Secretary all data required under the agreement,
whichever is later.
20 USC 7321e.

‘‘SEC. 6156. REPORTS.

‘‘(a) TRANSMITTAL TO CONGRESS.—Not later than 60 days after
the Secretary receives a report described in section 6151(b)(10),
the Secretary shall make the report available to the Committee
on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate.
‘‘(b) LIMITATION.—A State in which a local educational agency
that has a local flexibility demonstration agreement is located may
not require such local educational agency to provide any application
information with respect to the programs included within the scope
of that agreement other than that information that is required
to be included in the report described in section 6151(b)(10).

‘‘Subpart 4—State Accountability for Adequate
Yearly Progress
20 USC 7325.

‘‘SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.

‘‘In the case of a State educational agency that has a plan
approved under subpart 1 of part A of title I after the date of
enactment of the No Child Left Behind Act of 2001, and has
a plan approved under subpart 1 of part A of title III of such
Act after such date of enactment, the Secretary shall annually,
starting with the beginning of the first school year following the
first two school years for which such plans were implemented,
review whether the State has—
‘‘(1) made adequate yearly progress, as defined in section
1111(b)(2)(B), for each of the groups of students described in
section 1111(b)(2)(C)(v); and
‘‘(2) met its annual measurable achievement objectives
under section 3122(a).
20 USC 7325a.

‘‘SEC. 6162. PEER REVIEW.

‘‘The Secretary shall use a peer review process to review, based
on data from the State assessments administered under section
1111(b)(3) and on data from the evaluations conducted under section
3121, whether the State has failed to make adequate yearly progress
for 2 consecutive years or whether the State has met its annual
measurable achievement objectives.
20 USC 7325b.

‘‘SEC. 6163. TECHNICAL ASSISTANCE.

‘‘(a) PROVISION OF ASSISTANCE.—
‘‘(1) ADEQUATE YEARLY PROGRESS.—Based on the review
described in section 6161(1), the Secretary shall provide technical assistance to a State that has failed to make adequate
yearly progress, as defined in section 1111(b)(2), for 2 consecutive years. The Secretary shall provide such assistance not
later than the beginning of the first school year that begins
after such determination is made.

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‘‘(2) ANNUAL MEASURABLE ACHIEVEMENT OBJECTIVES.—
Based on the reviews described in section 6161(2), the Secretary
may provide technical assistance to a State that has failed
to meet its annual measurable achievement objectives under
section 3122(a) for 2 consecutive years. The Secretary shall
provide such assistance not later than the beginning of the
first school year that begins after such determination is made.
‘‘(b) CHARACTERISTICS.—The technical assistance described in
subsection (a) shall—
‘‘(1) be valid, reliable and rigorous; and
‘‘(2) provide constructive feedback to help the State make
adequate yearly progress, as defined in section 1111(b)(2), or
meet the annual measurable achievement objectives under section 3122(a).
‘‘SEC. 6164. REPORT TO CONGRESS.

20 USC 7325c.

‘‘Beginning with the school year that begins in 2005, the Secretary shall submit an annual report to the Committee on Education
and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate
containing the following:
‘‘(1) A list of each State that has not made adequate yearly
progress based on the review conducted under section 6161(1).
‘‘(2) A list of each State that has not met its annual measurable achievement objectives based on the review conducted
under section 6161(2).
‘‘(3) The information reported by the State to the Secretary
pursuant to section 1119(a).
‘‘(4) A description of any technical assistance provided
pursuant to section 6163.

‘‘PART B—RURAL EDUCATION INITIATIVE
‘‘SEC. 6201. SHORT TITLE.

‘‘This part may be cited as the ‘Rural Education Achievement
Program’.

Rural Education
Achievement
Program.
20 USC 7341.

20 USC 7341a.

‘‘SEC. 6202. PURPOSE.

‘‘It is the purpose of this part to address the unique needs
of rural school districts that frequently—
‘‘(1) lack the personnel and resources needed to compete
effectively for Federal competitive grants; and
‘‘(2) receive formula grant allocations in amounts too small
to be effective in meeting their intended purposes.

‘‘Subpart 1—Small, Rural School Achievement
Program
‘‘SEC. 6211. USE OF APPLICABLE FUNDING.

20 USC 7345.

‘‘(a) ALTERNATIVE USES.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, an eligible local educational agency may use the applicable
funding that the agency is eligible to receive from the State
educational agency for a fiscal year to carry out local activities
authorized under any of the following provisions:
‘‘(A) Part A of title I.
‘‘(B) Part A or D of title II.

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‘‘(C) Title III.
‘‘(D) Part A or B of title IV.
‘‘(E) Part A of title V.
‘‘(2) NOTIFICATION.—An eligible local educational agency
shall notify the State educational agency of the local educational
agency’s intention to use the applicable funding in accordance
with paragraph (1), by a date that is established by the State
educational agency for the notification.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A local educational agency shall be
eligible to use the applicable funding in accordance with subsection (a) if—
‘‘(A)(i)(I) the total number of students in average daily
attendance at all of the schools served by the local educational agency is fewer than 600; or
‘‘(II) each county in which a school served by the local
educational agency is located has a total population density
of fewer than 10 persons per square mile; and
‘‘(ii) all of the schools served by the local educational
agency are designated with a school locale code of 7 or
8, as determined by the Secretary; or
‘‘(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance with
paragraph (2), grants the local educational agency’s request
to waive the criteria described in subparagraph (A)(ii).
‘‘(2) CERTIFICATION.—The Secretary shall determine
whether to waive the criteria described in paragraph (1)(A)(ii)
based on a demonstration by the local educational agency,
and concurrence by the State educational agency, that the
local educational agency is located in an area defined as rural
by a governmental agency of the State.
‘‘(c) APPLICABLE FUNDING DEFINED.—In this section, the term
‘applicable funding’ means funds provided under any of the following
provisions:
‘‘(1) Subpart 2 and section 2412(a)(2)(A) of title II.
‘‘(2) Section 4114.
‘‘(3) Part A of title V.
‘‘(d) DISBURSEMENT.—Each State educational agency that
receives applicable funding for a fiscal year shall disburse the
applicable funding to local educational agencies for alternative uses
under this section for the fiscal year at the same time as the
State educational agency disburses the applicable funding to local
educational agencies that do not intend to use the applicable
funding for such alternative uses for the fiscal year.
‘‘(e) APPLICABLE RULES.—Applicable funding under this section
shall be available to carry out local activities authorized under
subsection (a).
20 USC 7345a.

‘‘SEC. 6212. GRANT PROGRAM AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary is authorized to award grants
to eligible local educational agencies to enable the local educational
agencies to carry out activities authorized under any of the following
provisions:
‘‘(1) Part A of title I.
‘‘(2) Part A or D of title II.
‘‘(3) Title III.
‘‘(4) Part A or B of title IV.

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‘‘(5) Part A of title V.
‘‘(b) ALLOCATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (3),
the Secretary shall award a grant under subsection (a) to
a local educational agency eligible under section 6211(b) for
a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total
amount received by the agency under the provisions of law
described in section 6211(c) for the preceding fiscal year.
‘‘(2) DETERMINATION OF INITIAL AMOUNT.—The initial
amount referred to in paragraph (1) is equal to $100 multiplied
by the total number of students in excess of 50 students,
in average daily attendance at the schools served by the local
educational agency, plus $20,000, except that the initial amount
may not exceed $60,000.
‘‘(3) RATABLE ADJUSTMENT.—
‘‘(A) IN GENERAL.—If the amount made available to
carry out this section for any fiscal year is not sufficient
to pay in full the amounts that local educational agencies
are eligible to receive under paragraph (1) for such year,
the Secretary shall ratably reduce such amounts for such
year.
‘‘(B) ADDITIONAL AMOUNTS.—If additional funds become
available for making payments under paragraph (1) for
such fiscal year, payments that were reduced under
subparagraph (A) shall be increased on the same basis
as such payments were reduced.
‘‘(c) DISBURSEMENT.—The Secretary shall disburse the funds
awarded to a local educational agency under this section for a
fiscal year not later than July 1 of that fiscal year.
‘‘(d) SPECIAL ELIGIBILITY RULE.—A local educational agency
that is eligible to receive a grant under this subpart for a fiscal
year is not eligible to receive funds for such fiscal year under
subpart 2.
‘‘SEC. 6213. ACCOUNTABILITY.

20 USC 7345b.

‘‘(a) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local educational agency that uses or receives funds under this subpart
for a fiscal year shall administer an assessment that is consistent
with section 1111(b)(3).
‘‘(b) DETERMINATION REGARDING CONTINUING PARTICIPATION.—
Each State educational agency that receives funding under the
provisions of law described in section 6211(c) shall—
‘‘(1) after the third year that a local educational agency
in the State participates in a program under this subpart
and on the basis of the results of the assessments described
in subsection (a), determine whether the local educational
agency participating in the program made adequate yearly
progress, as described in section 1111(b)(2);
‘‘(2) permit only those local educational agencies that
participated and made adequate yearly progress, as described
in section 1111(b)(2), to continue to participate; and
‘‘(3) permit those local educational agencies that participated and failed to make adequate yearly progress, as described
in section 1111(b)(2), to continue to participate only if such
local educational agencies use applicable funding under this
subpart to carry out the requirements of section 1116.

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‘‘Subpart 2—Rural and Low-Income School
Program
20 USC 7351.

‘‘SEC. 6221. PROGRAM AUTHORIZED.

‘‘(a) GRANTS TO STATES.—
‘‘(1) IN GENERAL.—From amounts appropriated under section 6234 for this subpart for a fiscal year that are not reserved
under subsection (c), the Secretary shall award grants (from
allotments made under paragraph (2)) for the fiscal year to
State educational agencies that have applications submitted
under section 6223 approved to enable the State educational
agencies to award grants to eligible local educational agencies
for local authorized activities described in section 6222(a).
‘‘(2) ALLOTMENT.—From amounts described in paragraph
(1) for a fiscal year, the Secretary shall allot to each State
educational agency for that fiscal year an amount that bears
the same ratio to those amounts as the number of students
in average daily attendance served by eligible local educational
agencies in the State for that fiscal year bears to the number
of all such students served by eligible local educational agencies
in all States for that fiscal year.
‘‘(3) SPECIALLY QUALIFIED AGENCIES.—
‘‘(A) ELIGIBILITY AND APPLICATION.—If a State educational agency elects not to participate in the program
under this subpart or does not have an application submitted under section 6223 approved, a specially qualified
agency in such State desiring a grant under this subpart
may submit an application under such section directly to
the Secretary to receive an award under this subpart.
‘‘(B) DIRECT AWARDS.—The Secretary may award, on
a competitive basis or by formula, the amount the State
educational agency is eligible to receive under paragraph
(2) directly to a specially qualified agency in the State
that has submitted an application in accordance with
subparagraph (A) and obtained approval of the application.
‘‘(C) SPECIALLY QUALIFIED AGENCY DEFINED.—In this
subpart, the term ‘specially qualified agency’ means an
eligible local educational agency served by a State educational agency that does not participate in a program
under this subpart in a fiscal year, that may apply directly
to the Secretary for a grant in such year under this subsection.
‘‘(b) LOCAL AWARDS.—
‘‘(1) ELIGIBILITY.—A local educational agency shall be
eligible to receive a grant under this subpart if—
‘‘(A) 20 percent or more of the children ages 5 through
17 years served by the local educational agency are from
families with incomes below the poverty line; and
‘‘(B) all of the schools served by the agency are designated with a school locale code of 6, 7, or 8, as determined
by the Secretary.
‘‘(2) AWARD BASIS.—A State educational agency shall award
grants to eligible local educational agencies—
‘‘(A) on a competitive basis;

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‘‘(B) according to a formula based on the number of
students in average daily attendance served by the eligible
local educational agencies or schools in the State; or
‘‘(C) according to an alternative formula, if, prior to
awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the
alternative formula enables the State educational agency
to allot the grant funds in a manner that serves equal
or greater concentrations of children from families with
incomes below the poverty line, relative to the concentrations that would be served if the State educational agency
used the formula described in subparagraph (B).
‘‘(c) RESERVATIONS.—From amounts appropriated under section
6234 for this subpart for a fiscal year, the Secretary shall reserve—
‘‘(1) one-half of 1 percent to make awards to elementary
schools or secondary schools operated or supported by the
Bureau of Indian Affairs, to carry out the activities authorized
under this subpart; and
‘‘(2) one-half of 1 percent to make awards to the outlying
areas in accordance with their respective needs, to carry out
the activities authorized under this subpart.
‘‘SEC. 6222. USES OF FUNDS.

20 USC 7351a.

‘‘(a) LOCAL AWARDS.—Grant funds awarded to local educational
agencies under this subpart shall be used for any of the following:
‘‘(1) Teacher recruitment and retention, including the use
of signing bonuses and other financial incentives.
‘‘(2) Teacher professional development, including programs
that train teachers to utilize technology to improve teaching
and to train special needs teachers.
‘‘(3) Educational technology, including software and hardware, as described in part D of title II.
‘‘(4) Parental involvement activities.
‘‘(5) Activities authorized under the Safe and Drug-Free
Schools program under part A of title IV.
‘‘(6) Activities authorized under part A of title I.
‘‘(7) Activities authorized under title III.
‘‘(b) ADMINISTRATIVE COSTS.—A State educational agency
receiving a grant under this subpart may not use more than 5
percent of the amount of the grant for State administrative costs
and to provide technical assistance to eligible local educational
agencies.
‘‘SEC. 6223. APPLICATIONS.

20 USC 7351b.

‘‘(a) IN GENERAL.—Each State educational agency or specially
qualified agency desiring to receive a grant under this subpart
shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may require.
‘‘(b) CONTENTS.—At a minimum, each application submitted
under subsection (a) shall include information on specific measurable goals and objectives to be achieved through the activities
carried out through the grant, which may include specific educational goals and objectives relating to—
‘‘(1) increased student academic achievement;
‘‘(2) decreased student dropout rates; or
‘‘(3) such other factors as the State educational agency
or specially qualified agency may choose to measure.

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115 STAT. 1896
20 USC 7351c.

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 6224. ACCOUNTABILITY.

‘‘(a) STATE REPORT.—Each State educational agency that
receives a grant under this subpart shall prepare and submit an
annual report to the Secretary. The report shall describe—
‘‘(1) the method the State educational agency used to award
grants to eligible local educational agencies, and to provide
assistance to schools, under this subpart;
‘‘(2) how local educational agencies and schools used funds
provided under this subpart; and
‘‘(3) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 6223.
‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—Each specially
qualified agency that receives a grant under this subpart shall
provide an annual report to the Secretary. Such report shall
describe—
‘‘(1) how such agency uses funds provided under this subpart; and
‘‘(2) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 6223.
‘‘(c) REPORT TO CONGRESS.—The Secretary shall prepare and
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a biennial report. The report
shall describe—
‘‘(1) the methods the State educational agencies used to
award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;
local educational agencies and schools used funds provided
under this subpart; and
‘‘(3) the degree to which progress has been made toward
meeting the goals and objectives described in the applications
submitted under section 6223.
‘‘(d) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local educational agency or specially qualified agency that receives a grant
under this subpart for a fiscal year shall administer an assessment
that is consistent with section 1111(b)(3).
‘‘(e) DETERMINATION REGARDING CONTINUING PARTICIPATION.—
Each State educational agency or specially qualified agency that
receives a grant under this subpart shall—
‘‘(1) after the third year that a local educational agency
or specially qualified agency in the State receives funds under
this subpart, and on the basis of the results of the assessments
described in subsection (d)—
‘‘(A) in the case of a local educational agency, determine
whether the local educational agency made adequate yearly
progress, as described in section 1111(b)(2); and
‘‘(B) in the case of a specially qualified agency, submit
to the Secretary information that would allow the Secretary
to determine whether the specially qualified agency has
made adequate yearly progress, as described in section
1111(b)(2);
‘‘(2) permit only those local educational agencies or specially
qualified agencies that made adequate yearly progress, as
described in section 1111(b)(2), to continue to receive grants
under this subpart; and

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‘‘(3) permit those local educational agencies or specially
qualified agencies that failed to make adequate yearly progress,
as described in section 1111(b)(2), to continue to receive such
grants only if the State educational agency disbursed such
grants to the local educational agencies or specially qualified
agencies to carry out the requirements of section 1116.

‘‘Subpart 3—General Provisions
‘‘SEC. 6231. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.

20 USC 7355.

‘‘(a) CENSUS DETERMINATION.—Each local educational agency
desiring a grant under section 6212 and each local educational
agency or specially qualified agency desiring a grant under subpart
2 shall—
‘‘(1) not later than December 1 of each year, conduct a
census to determine the number of students in average daily
attendance in kindergarten through grade 12 at the schools
served by the agency; and
‘‘(2) not later than March 1 of each year, submit the number
described in paragraph (1) to the Secretary (and to the State
educational agency, in the case of a local educational agency
seeking a grant under subpart (2)).
‘‘(b) PENALTY.—If the Secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection (a) for the purpose of
gaining additional funds under section 6212 or subpart 2, then
the agency shall be fined an amount equal to twice the difference
between the amount the agency received under this section and
the correct amount the agency would have received under section
6212 or subpart 2 if the agency had submitted accurate information
under subsection (a).

Deadlines.

‘‘SEC. 6232. SUPPLEMENT, NOT SUPPLANT.

20 USC 7355a.

‘‘Funds made available under subpart 1 or subpart 2 shall
be used to supplement, and not supplant, any other Federal, State,
or local education funds.
‘‘SEC. 6233. RULE OF CONSTRUCTION.

20 USC 7355b.

‘‘Nothing in this part shall be construed to prohibit a local
educational agency that enters into cooperative arrangements with
other local educational agencies for the provision of special, compensatory, or other education services, pursuant to State law or a
written agreement, from entering into similar arrangements for
the use, or the coordination of the use, of the funds made available
under this part.
‘‘SEC. 6234. AUTHORIZATION OF APPROPRIATIONS.

20 USC 7355c.

‘‘There are authorized to be appropriated to carry out this
part $300,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 5 succeeding fiscal years, to be distributed equally between subparts 1 and 2.

‘‘PART C—GENERAL PROVISIONS
‘‘SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION,
OR CONTROL.

20 USC 7371.

‘‘Nothing in this title shall be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or

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PUBLIC LAW 107–110—JAN. 8, 2002

control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments,
curriculum, or program of instruction, as a condition of eligibility
to receive funds under this Act.
20 USC 7372.

‘‘SEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

‘‘Nothing in this title shall be construed to mandate equalized
spending per pupil for a State, local educational agency, or school.’’.
SEC. 602. AMENDMENT TO THE NATIONAL EDUCATION STATISTICS
ACT OF 1994.

(a) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—Section 411 of the National Education Statistics Act of 1994 (20 U.S.C.
9010) is amended to read as follows:
‘‘SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

‘‘(a) ESTABLISHMENT.—The Commissioner shall, with the advice
of the National Assessment Governing Board established under
section 412, and with the technical assistance of the Advisory
Council established under section 407, carry out, through grants,
contracts, or cooperative agreements with one or more qualified
organizations, or consortia thereof, a National Assessment of Educational Progress, which collectively refers to a national assessment,
State assessments, and a long-term trend assessment in reading
and mathematics.
‘‘(b) PURPOSE; STATE ASSESSMENTS.—
‘‘(1) PURPOSE.—The purpose of this section is to provide,
in a timely manner, a fair and accurate measurement of student
academic achievement and reporting trends in such achievement in reading, mathematics, and other subject matter as
specified in this section.
‘‘(2) MEASUREMENT AND REPORTING.—The Commissioner,
in carrying out the measurement and reporting described in
paragraph (1), shall—
‘‘(A) use a random sampling process which is consistent
with relevant, widely accepted professional assessment
standards and that produces data that are representative
on a national and regional basis;
‘‘(B) conduct a national assessment and collect and
report assessment data, including achievement data trends,
in a valid and reliable manner on student academic
achievement in public and private elementary schools and
secondary schools at least once every 2 years, in grades
4 and 8 in reading and mathematics;
‘‘(C) conduct a national assessment and collect and
report assessment data, including achievement data trends,
in a valid and reliable manner on student academic
achievement in public and private schools in reading and
mathematics in grade 12 in regularly scheduled intervals,
but at least as often as such assessments were conducted
prior to the date of enactment of the No Child Left Behind
Act of 2001;
‘‘(D) to the extent time and resources allow, and after
the requirements described in subparagraph (B) are implemented and the requirements described in subparagraph
(C) are met, conduct additional national assessments and
collect and report assessment data, including achievement
data trends, in a valid and reliable manner on student

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academic achievement in grades 4, 8, and 12 in public
and private elementary schools and secondary schools in
regularly scheduled intervals in additional subject matter,
including writing, science, history, geography, civics,
economics, foreign languages, and arts, and the trend
assessment described in subparagraph (F);
‘‘(E) conduct the reading and mathematics assessments
described in subparagraph (B) in the same year, and every
other year thereafter, to provide for 1 year in which no
such assessments are conducted in between each administration of such assessments;
‘‘(F) continue to conduct the trend assessment of academic achievement at ages 9, 13, and 17 for the purpose
of maintaining data on long-term trends in reading and
mathematics;
‘‘(G) include information on special groups, including,
whenever feasible, information collected, cross tabulated,
compared, and reported by race, ethnicity, socioeconomic
status, gender, disability and limited English proficiency;
and
‘‘(H) ensure that achievement data are made available
on a timely basis following official reporting, in a manner
that facilitates further analysis and that includes trend
lines.
‘‘(3) STATE ASSESSMENTS.—
‘‘(A) IN GENERAL.—The Commissioner—
‘‘(i) shall conduct biennial State academic assessments of student achievement in reading and mathematics in grades 4 and 8 as described in paragraphs
(1)(B) and (1)(E);
‘‘(ii) may conduct the State academic assessments
of student achievement in reading and mathematics
in grade 12 as described in paragraph (1)(C);
‘‘(iii) may conduct State academic assessments of
student achievement in grades 4, 8, and 12 as described
in paragraph (1)(D); and
‘‘(iv) shall conduct each such State assessment,
in each subject area and at each grade level, on a
developmental basis until the Commissioner determines, as the result of an evaluation required by subsection (f), that such assessment produces high quality
data that are valid and reliable.
‘‘(B) AGREEMENT.—
‘‘(i) IN GENERAL.—States participating in State
assessments shall enter into an agreement with the
Secretary pursuant to subsection (d)(3).
‘‘(ii) CONTENT.—Such agreement shall contain
information sufficient to give States full information
about the process for decision-making (which shall
include the consensus process used), on objectives to
be tested, and the standards for random sampling,
test administration, test security, data collection,
validation, and reporting.
‘‘(C) REVIEW AND RELEASE.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), a participating State shall review and give permission for the release of results from any test of its

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PUBLIC LAW 107–110—JAN. 8, 2002
students administered as a part of a State assessment
prior to the release of such data. Refusal by a State
to release its data shall not restrict the release of
data from other States that have approved the release
of such data.
‘‘(ii) SPECIAL RULE.—A State participating in the
biennial academic assessments of student achievement
in reading and mathematics in grades 4 and 8 shall
be deemed to have given its permission to release
its data if the State has an approved plan under section
1111 of the Elementary and Secondary Education Act
of 1965.
‘‘(4) PROHIBITED ACTIVITIES.—
‘‘(A) IN GENERAL.—The use of assessment items and
data on any assessment authorized under this section by
an agent or agents of the Federal Government to rank,
compare, or otherwise evaluate individual students or
teachers, or to provide rewards or sanctions for individual
students, teachers, schools or local educational agencies
is prohibited.
‘‘(B) SPECIAL RULE.—Any assessment authorized under
this section shall not be used by an agent or agents of
the Federal Government to establish, require, or influence
the standards, assessments, curriculum, including lesson
plans, textbooks, or classroom materials, or instructional
practices of States or local educational agencies.
‘‘(C) APPLICABILITY TO STUDENT EDUCATIONAL
DECISIONS.—Nothing in this section shall be construed to
prescribe the use of any assessment authorized under this
section for student promotion or graduation purposes.
‘‘(D) APPLICABILITY TO HOME SCHOOLS.—Nothing in this
section shall be construed to affect home schools, whether
or not a home school is treated as a home school or a
private school under State law, nor shall any home schooled
student be required to participate in any assessment referenced or authorized under this section.
‘‘(5) REQUIREMENT.—In carrying out any assessment
authorized under this section, the Commissioner, in a manner
consistent with subsection (c)(2), shall—
‘‘(A) use widely accepted professional testing standards,
objectively measure academic achievement, knowledge, and
skills, and ensure that any academic assessment authorized
under this section be tests that do not evaluate or assess
personal or family beliefs and attitudes or publicly disclose
personally identifiable information;
‘‘(B) only collect information that is directly related
to the appraisal of academic achievement, and to the fair
and accurate presentation of such information; and
‘‘(C) collect information on race, ethnicity, socioeconomic status, disability, limited English proficiency, and
gender.
‘‘(6) TECHNICAL ASSISTANCE.—In carrying out any assessment authorized under this section, the Commissioner may
provide technical assistance to States, localities, and other parties.
‘‘(c) ACCESS.—
‘‘(1) PUBLIC ACCESS.—

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‘‘(A) IN GENERAL.—Except as provided in paragraph
(3), parents and members of the public shall have access
to all assessment data, questions, and complete and current
assessment instruments of any assessment authorized
under this section. The local educational agency shall make
reasonable efforts to inform parents and members of the
public about the access required under this paragraph.
‘‘(B) TIMELINE.—The access described in this paragraph
shall be provided within 45 days of the date the request
was made, in writing, and be made available in a secure
setting that is convenient to both parties.
‘‘(C) PROHIBITION.—To protect the integrity of the
assessment, no copy of the assessment items or assessment
instruments shall be duplicated or taken from the secure
setting.
‘‘(2) COMPLAINTS.—
‘‘(A) IN GENERAL.—Parents and members of the public
may submit written complaints to the National Assessment
Governing Board.
‘‘(B) FORWARDING OF COMPLAINTS.—The National
Assessment Governing Board shall forward such complaints to the Commissioner, the Secretary of Education,
and the State and local educational agency from within
which the complaint originated within 30 days of receipt
of such complaint.
‘‘(C) REVIEW.—The National Assessment Governing
Board, in consultation with the Commissioner, shall review
such complaint and determine whether revisions are necessary and appropriate. As determined by such review,
the Board shall revise, as necessary and appropriate, the
procedures or assessment items that have generated the
complaint and respond to the individual submitting the
complaint, with a copy of such response provided to the
Secretary, describing any action taken, not later than 30
days after so acting.
‘‘(D) REPORT.—The Secretary shall submit a summary
report of all complaints received pursuant to subparagraph
(A) and responses by the National Assessment Governing
Board pursuant to subparagraph (B) to the Chairman of
the House Committee on Education and the Workforce,
and the Chairman of the Senate Committee on Health,
Education, Labor, and Pensions.
‘‘(E) COGNITIVE QUESTIONS.—
‘‘(i) IN GENERAL.—The Commissioner may decline
to make available through public means, such as
posting on the Internet, distribution to the media, distribution through public agencies, or in response to
a request under section 552 of title 5, United States
Code, for a period, not to exceed 10 years after initial
use, cognitive questions that the Commissioner intends
to reuse in the future.
‘‘(ii) EXTENSION.—Notwithstanding clause (i), the
Commissioner may decline to make cognitive questions
available as described in clause (i) for a period longer
than 10 years if the Commissioner determines such
additional period is necessary to protect the security
and integrity of long-term trend data.

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‘‘(3) PERSONALLY IDENTIFIABLE INFORMATION.—
‘‘(A) IN GENERAL.—The Commissioner shall ensure that
all personally identifiable information about students, their
academic achievement, and their families, and that
information with respect to individual schools, remains confidential, in accordance with section 552a of title 5, United
States Code.
‘‘(B) PROHIBITION.—The National Board, the Commissioner, and any contractor or subcontractor shall not maintain any system of records containing a student’s name,
birth information, Social Security number, or parents’ name
or names, or any other personally identifiable information.
‘‘(4) PENALTIES.—Any unauthorized person who knowingly
discloses, publishes, or uses assessment questions, or complete
and current assessment instruments of any assessment authorized under this section may be fined as specified in section
3571 of title 18, United States Code or charged with a class
E felony.
‘‘(d) PARTICIPATION.—
‘‘(1) VOLUNTARY PARTICIPATION.—Participation in any
assessment authorized under this section shall be voluntary
for students, schools, and local educational agencies.
‘‘(2) STUDENT PARTICIPATION.—Parents of children selected
to participate in any assessment authorized under this section
shall be informed before the administration of any authorized
assessment, that their child may be excused from participation
for any reason, is not required to finish any authorized assessment, and is not required to answer any test question.
‘‘(3) STATE PARTICIPATION.—
‘‘(A)
VOLUNTARY.—Participation
in
assessments
authorized under this section, other than reading and
mathematics in grades 4 and 8, shall be voluntary.
‘‘(B) AGREEMENT.—For reading and mathematics
assessments in grades 4 and 8, the Secretary shall enter
into an agreement with any State carrying out an assessment for the State under this section. Each such agreement
shall contain provisions designed to ensure that the State
will participate in the assessment.
‘‘(4) REVIEW.—Representatives of State educational agencies and local educational agencies or the chief State school
officer shall have the right to review any assessment item
or procedure of any authorized assessment upon request in
a manner consistent with subsection (c), except the review
described in subparagraph (2)(C) of subsection (c) shall take
place in consultation with the representatives described in this
paragraph.
‘‘(e) STUDENT ACHIEVEMENT LEVELS.—
‘‘(1) ACHIEVEMENT LEVELS.—The National Assessment Governing Board shall develop appropriate student achievement
levels for each grade or age in each subject area to be tested
under assessments authorized under this section, except the
trend assessment described in subsection (b)(2)(F).
‘‘(2) DETERMINATION OF LEVELS.—
‘‘(A) IN GENERAL.—Such levels shall—
‘‘(i) be determined by—

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‘‘(I) identifying the knowledge that can be
measured and verified objectively using widely
accepted professional assessment standards; and
‘‘(II) developing achievement levels that are
consistent with relevant widely accepted professional assessment standards and based on the
appropriate level of subject matter knowledge for
grade levels to be assessed, or the age of the students, as the case may be.
‘‘(B) NATIONAL CONSENSUS APPROACH.—After the determinations described in subparagraph (A), devising a
national consensus approach.
‘‘(C) TRIAL BASIS.—The achievement levels shall be
used on a trial basis until the Commissioner determines,
as a result of an evaluation under subsection (f), that
such levels are reasonable, valid, and informative to the
public.
‘‘(D) STATUS.—The Commissioner and the Board shall
ensure that reports using such levels on a trial basis do
so in a manner that makes clear the status of such levels.
‘‘(E) UPDATES.—Such levels shall be updated as appropriate by the National Assessment Governing Board in
consultation with the Commissioner.
‘‘(3) REPORTING.—After determining that such levels are
reasonable, valid, and informative to the public, as the result
of an evaluation under subsection (f), the Commissioner shall
use such levels or other methods or indicators for reporting
results of the National Assessment and State assessments.
‘‘(4) REVIEW.—The National Assessment Governing Board
shall provide for a review of any trial student achievement
levels under development by representatives of State educational agencies or the chief State school officer in a manner
consistent with subsection (c), except the review described in
subparagraph (2)(C) shall take place in consultation with the
representatives described in this paragraph.
‘‘(f) REVIEW OF NATIONAL AND STATE ASSESSMENTS.—
‘‘(1) REVIEW.—
‘‘(A) IN GENERAL.—The Secretary shall provide for continuing review of any assessment authorized under this
section, and student achievement levels, by one or more
professional assessment evaluation organizations.
‘‘(B) ISSUES ADDRESSED.—Such continuing review shall
address—
‘‘(i) whether any authorized assessment is properly
administered, produces high quality data that are valid
and reliable, is consistent with relevant widely
accepted professional assessment standards, and produces data on student achievement that are not otherwise available to the State (other than data comparing
participating States to each other and the Nation);
‘‘(ii) whether student achievement levels are
reasonable, valid, reliable, and informative to the
public;–
‘‘(iii) whether any authorized assessment is being
administered as a random sample and is reporting
the trends in academic achievement in a valid and
reliable manner in the subject areas being assessed;

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‘‘(iv) whether any of the test questions are biased,
as described in section 412(e)(4); and
‘‘(v) whether the appropriate authorized assessments are measuring, consistent with this section,
reading ability and mathematical knowledge.
‘‘(2) REPORT.—The Secretary shall report to the Committee
on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate, the President, and the Nation on the
findings and recommendations of such reviews.
‘‘(3) USE OF FINDINGS AND RECOMMENDATIONS.—The
Commissioner and the National Assessment Governing Board
shall consider the findings and recommendations of such
reviews in designing the competition to select the organization,
or organizations, through which the Commissioner carries out
the National Assessment.
‘‘(g) COVERAGE AGREEMENTS.—
‘‘(1) DEPARTMENT OF DEFENSE SCHOOLS.—The Secretary
and the Secretary of Defense may enter into an agreement,
including such terms as are mutually satisfactory, to include
in the National Assessment elementary schools and secondary
schools operated by the Department of Defense.
‘‘(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.—The Secretary
and the Secretary of the Interior may enter into an agreement,
including such terms as are mutually satisfactory, to include
in the National Assessment schools for Indian children operated
or supported by the Bureau of Indian Affairs.’’.
(b) NATIONAL ASSESSMENT GOVERNING BOARD.—Section 412
of the National Education Statistics Act of 1994 (20 U.S.C. 9011)
is amended to read as follows:
‘‘SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.

‘‘(a) ESTABLISHMENT.—There is established the National Assessment Governing Board (hereafter in this title referred to as the
‘Board’), which shall formulate policy guidelines for the National
Assessment.
‘‘(b) MEMBERSHIP.—
‘‘(1) APPOINTMENT AND COMPOSITION.—The Board shall be
appointed by the Secretary and be composed as follows:
‘‘(A) Two Governors, or former Governors, who shall
not be members of the same political party.
‘‘(B) Two State legislators, who shall not be members
of the same political party.
‘‘(C) Two chief State school officers.
‘‘(D) One superintendent of a local educational agency.
‘‘(E) One member of a State board of education.
‘‘(F) One member of a local board of education.
‘‘(G) Three classroom teachers representing the grade
levels at which the National Assessment is conducted.
‘‘(H) One representative of business or industry.
‘‘(I) Two curriculum specialists.
‘‘(J) Three testing and measurement experts, who shall
have training and experience in the field of testing and
measurement.
‘‘(K) One nonpublic school administrator or policymaker.

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‘‘(L) Two school principals, of whom one shall be an
elementary school principal and one shall be a secondary
school principal.
‘‘(M) Two parents who are not employed by a local,
State or Federal educational agency.
‘‘(N) Two additional members who are representatives
of the general public, and who may be parents, but who
are not employed by a local, State, or Federal educational
agency.
‘‘(2) ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH.—
The Assistant Secretary for Educational Research and Improvement shall serve as an ex officio, nonvoting member of the
Board.
‘‘(3) BALANCE AND DIVERSITY.—The Secretary and the Board
shall ensure at all times that the membership of the Board
reflects regional, racial, gender, and cultural balance and diversity and that the Board exercises its independent judgment,
free from inappropriate influences and special interests.
‘‘(c) TERMS.—
‘‘(1) IN GENERAL.—Terms of service of members of the Board
shall be staggered and may not exceed a period of 4 years,
as determined by the Secretary.
‘‘(2) SERVICE LIMITATION.—Members of the Board may serve
not more than two terms.
‘‘(3) CHANGE OF STATUS.—A member of the Board who
changes status under subsection (b) during the term of the
appointment of the member may continue to serve as a member
until the expiration of such term.
‘‘(4) CONFORMING PROVISION.—Members of the Board previously granted 3 year terms, whose terms are in effect on
the date of enactment of the Department of Education Appropriations Act, 2001, shall have their terms extended by 1 year.
‘‘(d) VACANCIES.—
‘‘(1) IN GENERAL.—
‘‘(A) ORGANIZATIONS.—The Secretary shall appoint new
members to fill vacancies on the Board from among individuals who are nominated by organizations representing the
type of individuals described in subsection (b)(1) with
respect to which the vacancy exists.
‘‘(B) NOMINATIONS.—Each organization submitting
nominations to the Secretary with respect to a particular
vacancy shall nominate for such vacancy six individuals
who are qualified by experience or training to fill the
particular Board vacancy.
‘‘(C) MAINTENANCE OF BOARD.—The Secretary’s
appointments shall maintain the composition, diversity,
and balance of the Board required under subsection (b).
‘‘(2) ADDITIONAL NOMINATIONS.—The Secretary may request
that each organization described in paragraph (1)(A) submit
additional nominations if the Secretary determines that none
of the individuals nominated by such organization have appropriate knowledge or expertise.
‘‘(e) DUTIES.—
‘‘(1) IN GENERAL.—In carrying out its functions under this
section the Board shall—
‘‘(A) select the subject areas to be assessed (consistent
with section 411(b));

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115 STAT. 1906

‘‘(B) develop appropriate student achievement levels
as provided in section 411(e);
‘‘(C) develop assessment objectives consistent with the
requirements of this section and test specifications that
produce an assessment that is valid and reliable, and are
based on relevant widely accepted professional standards;
‘‘(D) develop a process for review of the assessment
which includes the active participation of teachers, curriculum specialists, local school administrators, parents,
and concerned members of the public;
‘‘(E) design the methodology of the assessment to
ensure that assessment items are valid and reliable, in
consultation with appropriate technical experts in measurement and assessment, content and subject matter, sampling, and other technical experts who engage in large
scale surveys, including the Advisory Council established
under section 407;
‘‘(F) consistent with section 411, measure student academic achievement in grades 4, 8, and 12 in the authorized
academic subjects;
‘‘(G) develop guidelines for reporting and disseminating
results;
‘‘(H) develop standards and procedures for regional
and national comparisons; and
‘‘(I) take appropriate actions needed to improve the
form, content, use, and reporting of results of any assessment authorized by section 411 consistent with the provisions of this section and section 411.
‘‘(2) DELEGATION.—The Board may delegate any of the
Board’s procedural and administrative functions to its staff.
‘‘(3) ALL COGNITIVE AND NONCOGNITIVE ASSESSMENT
ITEMS.—The Board shall have final authority on the appropriateness of all assessment items.
‘‘(4) PROHIBITION AGAINST BIAS.—The Board shall take steps
to ensure that all items selected for use in the National Assessment are free from racial, cultural, gender, or regional bias
and are secular, neutral, and non-ideological.
‘‘(5) TECHNICAL.—In carrying out the duties required by
paragraph (1), the Board may seek technical advice, as appropriate, from the Commissioner and the Advisory Council on
Education Statistics and other experts.
‘‘(6) REPORT.—Not later than 90 days after an evaluation
of the student achievement levels under section 411(e), the
Board shall make a report to the Secretary, the Committee
on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and
Pensions of the Senate describing the steps the Board is taking
to respond to each of the recommendations contained in such
evaluation.
‘‘(f) PERSONNEL.—
‘‘(1) IN GENERAL.—In the exercise of its responsibilities,
the Board shall be independent of the Secretary and the other
offices and officers of the Department.
‘‘(2) STAFF.—
‘‘(A) IN GENERAL.—The Secretary may appoint, at the
request of the Board, such staff as will enable the Board
to carry out its responsibilities.

Deadline.

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‘‘(B) TECHNICAL EMPLOYEES.—Such appointments may
include, for terms not to exceed 3 years and without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, not more than
six technical employees who may be paid without regard
to the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates.
‘‘(g) COORDINATION.—The Commissioner and the Board shall
meet periodically—
‘‘(1) to ensure coordination of their duties and activities
relating to the National Assessment; and
‘‘(2) for the Commissioner to report to the Board on the
Department’s actions to implement the decisions of the Board.
‘‘(h) ADMINISTRATION.—The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply with respect to the Board, other
than sections 10, 11, and 12 of such Act.’’.

TITLE VII—INDIAN, NATIVE HAWAIIAN,
AND ALASKA NATIVE EDUCATION
SEC. 701. INDIANS, NATIVE HAWAIIANS, AND ALASKA NATIVES.

Title VII (20 U.S.C. 7401 et seq.) is amended to read as follows:

‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN,
AND ALASKA NATIVE EDUCATION
‘‘PART A—INDIAN EDUCATION
‘‘SEC. 7101. STATEMENT OF POLICY.

20 USC 7401.

‘‘It is the policy of the United States to fulfill the Federal
Government’s unique and continuing trust relationship with and
responsibility to the Indian people for the education of Indian
children. The Federal Government will continue to work with local
educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities toward the goal of ensuring
that programs that serve Indian children are of the highest quality
and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally
related academic needs of these children.
‘‘SEC. 7102. PURPOSE.

20 USC 7402.

‘‘(a) PURPOSE.—It is the purpose of this part to support the
efforts of local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities to meet the unique
educational and culturally related academic needs of American
Indian and Alaska Native students, so that such students can
meet the same challenging State student academic achievement
standards as all other students are expected to meet.
‘‘(b) PROGRAMS.—This part carries out the purpose described
in subsection (a) by authorizing programs of direct assistance for—
‘‘(1) meeting the unique educational and culturally related
academic needs of American Indians and Alaska Natives;
‘‘(2) the education of Indian children and adults;

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‘‘(3) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and
‘‘(4) research, evaluation, data collection, and technical
assistance.

‘‘Subpart 1—Formula Grants to Local Educational
Agencies
20 USC 7421.

‘‘SEC. 7111. PURPOSE.

‘‘It is the purpose of this subpart to support local educational
agencies in their efforts to reform elementary school and secondary
school programs that serve Indian students in order to ensure
that such programs—
‘‘(1) are based on challenging State academic content and
student academic achievement standards that are used for all
students; and
‘‘(2) are designed to assist Indian students in meeting those
standards.
20 USC 7422.

‘‘SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

‘‘(a) IN GENERAL.—The Secretary may make grants, from allocations made under section 7113, to local educational agencies and
Indian tribes, in accordance with this section and section 7113.
‘‘(b) LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) ENROLLMENT REQUIREMENTS.—A local educational
agency shall be eligible for a grant under this subpart for
any fiscal year if the number of Indian children eligible under
section 7117 who were enrolled in the schools of the agency,
and to whom the agency provided free public education, during
the preceding fiscal year—
‘‘(A) was at least 10; or
‘‘(B) constituted not less than 25 percent of the total
number of individuals enrolled in the schools of such
agency.
‘‘(2) EXCLUSION.—The requirement of paragraph (1) shall
not apply in Alaska, California, or Oklahoma, or with respect
to any local educational agency located on, or in proximity
to, a reservation.
‘‘(c) INDIAN TRIBES.—
‘‘(1) IN GENERAL.—If a local educational agency that is
otherwise eligible for a grant under this subpart does not
establish a committee under section 7114(c)(4) for such grant,
an Indian tribe that represents not less than 1⁄2 of the eligible
Indian children who are served by such local educational agency
may apply for such grant.
‘‘(2) SPECIAL RULE.—The Secretary shall treat each Indian
tribe applying for a grant pursuant to paragraph (1) as if
such Indian tribe were a local educational agency for purposes
of this subpart, except that any such tribe is not subject to
section 7114(c)(4), section 7118(c), or section 7119.
20 USC 2423.

‘‘SEC. 7113. AMOUNT OF GRANTS.

‘‘(a) AMOUNT OF GRANT AWARDS.—
‘‘(1) IN GENERAL.—Except as provided in subsection (b)
and paragraph (2), the Secretary shall allocate to each local
educational agency that has an approved application under
this subpart an amount equal to the product of—

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‘‘(A) the number of Indian children who are eligible
under section 7117 and served by such agency; and
‘‘(B) the greater of—
‘‘(i) the average per pupil expenditure of the State
in which such agency is located; or
‘‘(ii) 80 percent of the average per pupil expenditure of all the States.
‘‘(2) REDUCTION.—The Secretary shall reduce the amount
of each allocation otherwise determined under this section in
accordance with subsection (e).
‘‘(b) MINIMUM GRANT.—
‘‘(1) IN GENERAL.—Notwithstanding subsection (e), an entity
that is eligible for a grant under section 7112, and a school
that is operated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (d), that submits
an application that is approved by the Secretary, shall, subject
to appropriations, receive a grant under this subpart in an
amount that is not less than $3,000.
‘‘(2) CONSORTIA.—Local educational agencies may form a
consortium for the purpose of obtaining grants under this subpart.
‘‘(3) INCREASE.—The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for all
grantees if the Secretary determines such increase is necessary
to ensure the quality of the programs provided.
‘‘(c) DEFINITION.—For the purpose of this section, the term
‘average per pupil expenditure’, used with respect to a State, means
an amount equal to—
‘‘(1) the sum of the aggregate current expenditures of all
the local educational agencies in the State, plus any direct
current expenditures by the State for the operation of such
agencies, without regard to the sources of funds from which
such local or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the computation
is made; divided by
‘‘(2) the aggregate number of children who were included
in average daily attendance for whom such agencies provided
free public education during such preceding fiscal year.
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF
INDIAN AFFAIRS.—
‘‘(1) IN GENERAL.—Subject to subsection (e), in addition
to the grants awarded under subsection (a), the Secretary shall
allocate to the Secretary of the Interior an amount equal to
the product of—
‘‘(A) the total number of Indian children enrolled in
schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organization controlled
or sanctioned by an Indian tribal government, for the
children of that tribe under a contract with, or grant
from, the Department of the Interior under the Indian
Self-Determination Act or the Tribally Controlled
Schools Act of 1988; and
‘‘(B) the greater of—
‘‘(i) the average per pupil expenditure of the State
in which the school is located; or

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‘‘(ii) 80 percent of the average per pupil expenditure of all the States.
‘‘(2) SPECIAL RULE.—Any school described in paragraph
(1)(A) that wishes to receive an allocation under this subpart
shall submit an application in accordance with section 7114,
and shall otherwise be treated as a local educational agency
for the purpose of this subpart, except that such school shall
not be subject to section 7114(c)(4), section 7118(c), or section
7119.
‘‘(e) RATABLE REDUCTIONS.—If the sums appropriated for any
fiscal year under section 7152(a) are insufficient to pay in full
the amounts determined for local educational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection
(d), each of those amounts shall be ratably reduced.
20 USC 7424.

‘‘SEC. 7114. APPLICATIONS.

‘‘(a) APPLICATION REQUIRED.—Each local educational agency
that desires to receive a grant under this subpart shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each application
submitted under subsection (a) shall include a description of a
comprehensive program for meeting the needs of Indian children
served by the local educational agency, including the language
and cultural needs of the children, that—
‘‘(1) describes how the comprehensive program will offer
programs and activities to meet the culturally related academic
needs of American Indian and Alaska Native students;
‘‘(2)(A) is consistent with the State and local plans submitted under other provisions of this Act; and
‘‘(B) includes academic content and student academic
achievement goals for such children, and benchmarks for
attaining such goals, that are based on the challenging State
academic content and student academic achievement standards
adopted under title I for all children;
‘‘(3) explains how Federal, State, and local programs, especially programs carried out under title I, will meet the needs
of such students;
‘‘(4) demonstrates how funds made available under this
subpart will be used for activities described in section 7115;
‘‘(5) describes the professional development opportunities
that will be provided, as needed, to ensure that—
‘‘(A) teachers and other school professionals who are
new to the Indian community are prepared to work with
Indian children; and
‘‘(B) all teachers who will be involved in programs
assisted under this subpart have been properly trained
to carry out such programs; and
‘‘(6) describes how the local educational agency—
‘‘(A) will periodically assess the progress of all Indian
children enrolled in the schools of the local educational
agency, including Indian children who do not participate
in programs assisted under this subpart, in meeting the
goals described in paragraph (2);
‘‘(B) will provide the results of each assessment
referred to in subparagraph (A) to—

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‘‘(i) the committee described in subsection (c)(4);
and
‘‘(ii) the community served by the local educational
agency; and
‘‘(C) is responding to findings of any previous assessments that are similar to the assessments described in
subparagraph (A).
‘‘(c) ASSURANCES.—Each application submitted under subsection
(a) shall include assurances that—
‘‘(1) the local educational agency will use funds received
under this subpart only to supplement the funds that, in the
absence of the Federal funds made available under this subpart,
such agency would make available for the education of Indian
children, and not to supplant such funds;
‘‘(2) the local educational agency will prepare and submit
to the Secretary such reports, in such form and containing
such information, as the Secretary may require to—
‘‘(A) carry out the functions of the Secretary under
this subpart; and
‘‘(B) determine the extent to which activities carried
out with funds provided to the local educational agency
under this subpart are effective in improving the educational achievement of Indian students served by such
agency;
‘‘(3) the program for which assistance is sought—
‘‘(A) is based on a comprehensive local assessment
and prioritization of the unique educational and culturally
related academic needs of the American Indian and Alaska
Native students for whom the local educational agency
is providing an education;
‘‘(B) will use the best available talents and resources,
including individuals from the Indian community; and
‘‘(C) was developed by such agency in open consultation
with parents of Indian children and teachers, and, if appropriate, Indian students from secondary schools, including
through public hearings held by such agency to provide
to the individuals described in this subparagraph a full
opportunity to understand the program and to offer recommendations regarding the program; and
‘‘(4) the local educational agency developed the program
with the participation and written approval of a committee—
‘‘(A) that is composed of, and selected by—
‘‘(i) parents of Indian children in the local educational agency’s schools;
‘‘(ii) teachers in the schools; and
‘‘(iii) if appropriate, Indian students attending secondary schools of the agency;
‘‘(B) a majority of whose members are parents of Indian
children;
‘‘(C) that has set forth such policies and procedures,
including policies and procedures relating to the hiring
of personnel, as will ensure that the program for which
assistance is sought will be operated and evaluated in
consultation with, and with the involvement of, parents
of the children, and representatives of the area, to be
served;

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‘‘(D) with respect to an application describing a
schoolwide program in accordance with section 7115(c),
that has—
‘‘(i) reviewed in a timely fashion the program; and
‘‘(ii) determined that the program will not diminish
the availability of culturally related activities for American Indian and Alaska Native students; and
‘‘(E) that has adopted reasonable bylaws for the conduct
of the activities of the committee and abides by such
bylaws.

20 USC 7425.

‘‘SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.

‘‘(a) GENERAL REQUIREMENTS.—Each local educational agency
that receives a grant under this subpart shall use the grant funds,
in a manner consistent with the purpose specified in section 7111,
for services and activities that—
(1) are designed to carry out the comprehensive program
of the local educational agency for Indian students, and
described in the application of the local educational agency
submitted to the Secretary under section 7114(a);
‘‘(2) are designed with special regard for the language and
cultural needs of the Indian students; and
‘‘(3) supplement and enrich the regular school program
of such agency.
‘‘(b) PARTICULAR ACTIVITIES.—The services and activities
referred to in subsection (a) may include—
‘‘(1) culturally related activities that support the program
described in the application submitted by the local educational
agency;
‘‘(2) early childhood and family programs that emphasize
school readiness;
‘‘(3) enrichment programs that focus on problem solving
and cognitive skills development and directly support the
attainment of challenging State academic content and student
academic achievement standards;
‘‘(4) integrated educational services in combination with
other programs that meet the needs of Indian children and
their families;
‘‘(5) career preparation activities to enable Indian students
to participate in programs such as the programs supported
by the Carl D. Perkins Vocational and Technical Education
Act of 1998, including programs for tech-prep education, mentoring, and apprenticeship;
‘‘(6) activities to educate individuals concerning substance
abuse and to prevent substance abuse;
‘‘(7) the acquisition of equipment, but only if the acquisition
of the equipment is essential to achieve the purpose described
in section 7111;
‘‘(8) activities that promote the incorporation of culturally
responsive teaching and learning strategies into the educational
program of the local educational agency;
‘‘(9) activities that incorporate American Indian and Alaska
Native specific curriculum content, consistent with State standards, into the curriculum used by the local educational agency;
‘‘(10) family literacy services; and

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‘‘(11) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate
appropriately qualified tribal elders and seniors.
‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any other provision of law, a local educational agency may use funds made available
to such agency under this subpart to support a schoolwide program
under section 1114 if—
‘‘(1) the committee established pursuant to section
7114(c)(4) approves the use of the funds for the schoolwide
program; and
‘‘(2) the schoolwide program is consistent with the purpose
described in section 7111.
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than
5 percent of the funds provided to a grantee under this subpart
for any fiscal year may be used for administrative purposes.
‘‘SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.

20 USC 7426.

‘‘(a) PLAN.—An entity receiving funds under this subpart may
submit a plan to the Secretary for the integration of education
and related services provided to Indian students.
‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the receipt of an
acceptable plan under subsection (a), the Secretary, in cooperation
with each Federal agency providing grants for the provision of
education and related services to the entity, shall authorize the
entity to consolidate, in accordance with such plan, the federally
funded education and related services programs of the entity and
the Federal programs, or portions of the programs, serving Indian
students in a manner that integrates the program services involved
into a single, coordinated, comprehensive program and reduces
administrative costs by consolidating administrative functions.
‘‘(c) PROGRAMS AFFECTED.—The funds that may be consolidated
in a demonstration project under any such plan referred to in
subsection (a) shall include funds for any Federal program exclusively serving Indian children, or the funds reserved under any
Federal program to exclusively serve Indian children, under which
the entity is eligible for receipt of funds under a statutory or
administrative formula for the purposes of providing education and
related services that would be used to serve Indian students.
‘‘(d) PLAN REQUIREMENTS.—For a plan to be acceptable pursuant to subsection (b), the plan shall—
‘‘(1) identify the programs or funding sources to be consolidated;
‘‘(2) be consistent with the objectives of this section concerning authorizing the services to be integrated in a demonstration project;
‘‘(3) describe a comprehensive strategy that identifies the
full range of potential educational opportunities and related
services to be provided to assist Indian students to achieve
the objectives set forth in this subpart;
‘‘(4) describe the way in which services are to be integrated
and delivered and the results expected from the plan;
‘‘(5) identify the projected expenditures under the plan
in a single budget;
‘‘(6) identify the State, tribal, or local agency or agencies
to be involved in the delivery of the services integrated under
the plan;

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‘‘(7) identify any statutory provisions, regulations, policies,
or procedures that the entity believes need to be waived in
order to implement the plan;
‘‘(8) set forth measures for academic content and student
academic achievement goals designed to be met within a specific
period of time; and
‘‘(9) be approved by a committee formed in accordance
with section 7114(c)(4), if such a committee exists.
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the Secretary of each Federal department providing funds to be used to implement the plan,
and with the entity submitting the plan. The parties so consulting
shall identify any waivers of statutory requirements or of Federal
departmental regulations, policies, or procedures necessary to
enable the entity to implement the plan. Notwithstanding any
other provision of law, the Secretary of the affected department
shall have the authority to waive any regulation, policy, or procedure promulgated by that department that has been so identified
by the entity or department, unless the Secretary of the affected
department determines that such a waiver is inconsistent with
the objectives of this subpart or those provisions of the statute
from which the program involved derives authority that are specifically applicable to Indian students.
‘‘(f) PLAN APPROVAL.—Within 90 days after the receipt of an
entity’s plan by the Secretary, the Secretary shall inform the entity,
in writing, of the Secretary’s approval or disapproval of the plan.
If the plan is disapproved, the entity shall be informed, in writing,
of the reasons for the disapproval and shall be given an opportunity
to amend the plan or to petition the Secretary to reconsider such
disapproval.
‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.—Not
later than 180 days after the date of enactment of the No Child
Left Behind Act of 2001, the Secretary of Education, the Secretary
of the Interior, and the head of any other Federal department
or agency identified by the Secretary of Education, shall enter
into an interdepartmental memorandum of agreement providing
for the implementation of the demonstration projects authorized
under this section. The lead agency head for a demonstration project
under this section shall be—
‘‘(1) the Secretary of the Interior, in the case of an entity
meeting the definition of a contract or grant school under
title XI of the Education Amendments of 1978; or
‘‘(2) the Secretary of Education, in the case of any other
entity.
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The responsibilities
of the lead agency shall include—
‘‘(1) the use of a single report format related to the plan
for the individual project, which shall be used by an eligible
entity to report on the activities undertaken under the project;
‘‘(2) the use of a single report format related to the projected
expenditures for the individual project which shall be used
by an eligible entity to report on all project expenditures;
‘‘(3) the development of a single system of Federal oversight
for the project, which shall be implemented by the lead agency;
and
‘‘(4) the provision of technical assistance to an eligible
entity appropriate to the project, except that an eligible entity

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shall have the authority to accept or reject the plan for providing such technical assistance and the technical assistance
provider.
‘‘(i) REPORT REQUIREMENTS.—A single report format shall be
developed by the Secretary, consistent with the requirements of
this section. Such report format shall require that reports described
in subsection (h), together with records maintained on the consolidated program at the local level, shall contain such information
as will allow a determination that the eligible entity has complied
with the requirements incorporated in its approved plan, including
making a demonstration of student academic achievement, and
will provide assurances to each Secretary that the eligible entity
has complied with all directly applicable statutory requirements
and with those directly applicable regulatory requirements that
have not been waived.
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall the amount
of Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment
of this section.
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—The Secretary is authorized to take such action as may be necessary to
provide for an interagency transfer of funds otherwise available
to an eligible entity in order to further the objectives of this section.
‘‘(l) ADMINISTRATION OF FUNDS.—
‘‘(1) IN GENERAL.—Program funds for the consolidated programs shall be administered in such a manner as to allow
for a determination that funds from a specific program are
spent on allowable activities authorized under such program,
except that the eligible entity shall determine the proportion
of the funds granted that shall be allocated to such program.
‘‘(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this
section shall be construed as requiring the eligible entity to
maintain separate records tracing any services or activities
conducted under the approved plan to the individual programs
under which funds were authorized for the services or activities,
nor shall the eligible entity be required to allocate expenditures
among such individual programs.
‘‘(m) OVERAGE.—The eligible entity may commingle all administrative funds from the consolidated programs and shall be entitled
to the full amount of such funds (under each program’s or agency’s
regulations). The overage (defined as the difference between the
amount of the commingled funds and the actual administrative
cost of the programs) shall be considered to be properly spent
for Federal audit purposes, if the overage is used for the purposes
provided for under this section.
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part shall be
construed so as to interfere with the ability of the Secretary or
the lead agency to fulfill the responsibilities for the safeguarding
of Federal funds pursuant to chapter 75 of title 31, United States
Code.
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION.—
‘‘(1) PRELIMINARY REPORT.—Not later than 2 years after
the date of enactment of the No Child Left Behind Act of
2001, the Secretary of Education shall submit a preliminary
report to the Committee on Education and the Workforce and
the Committee on Resources of the House of Representatives

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PUBLIC LAW 107–110—JAN. 8, 2002

and the Committee on Health, Education, Labor, and Pensions
and the Committee on Indian Affairs of the Senate on the
status of the implementation of the demonstration projects
authorized under this section.
‘‘(2) FINAL REPORT.—Not later than 5 years after the date
of enactment of the No Child Left Behind Act of 2001, the
Secretary of Education shall submit a report to the Committee
on Education and the Workforce and the Committee on
Resources of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions and the Committee
on Indian Affairs of the Senate on the results of the
implementation of the demonstration projects authorized under
this section. Such report shall identify statutory barriers to
the ability of participants to integrate more effectively their
education and related services to Indian students in a manner
consistent with the objectives of this section.
‘‘(p) DEFINITIONS.—For the purposes of this section, the term
‘Secretary’ means—
‘‘(1) the Secretary of the Interior, in the case of an entity
meeting the definition of a contract or grant school under
title XI of the Education Amendments of 1978; or
‘‘(2) the Secretary of Education, in the case of any other
entity.
‘‘SEC. 7117. STUDENT ELIGIBILITY FORMS.

‘‘(a) IN GENERAL.—The Secretary shall require that, as part
of an application for a grant under this subpart, each applicant
shall maintain a file, with respect to each Indian child for whom
the local educational agency provides a free public education, that
contains a form that sets forth information establishing the status
of the child as an Indian child eligible for assistance under this
subpart, and that otherwise meets the requirements of subsection
(b).
‘‘(b) FORMS.—The form described in subsection (a) shall
include—
‘‘(1) either—
‘‘(A)(i) the name of the tribe or band of Indians (as
defined in section 7151) with respect to which the child
claims membership;
‘‘(ii) the enrollment number establishing the membership of the child (if readily available); and
‘‘(iii) the name and address of the organization that
maintains updated and accurate membership data for such
tribe or band of Indians; or
‘‘(B) the name, the enrollment number (if readily available), and the name and address of the organization responsible for maintaining updated and accurate membership
data, of any parent or grandparent of the child from whom
the child claims eligibility under this subpart, if the child
is not a member of the tribe or band of Indians (as so
defined);
‘‘(2) a statement of whether the tribe or band of Indians
(as so defined), with respect to which the child, or parent
or grandparent of the child, claims membership, is federally
recognized;
‘‘(3) the name and address of the parent or legal guardian
of the child;

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‘‘(4) a signature of the parent or legal guardian of the
child that verifies the accuracy of the information supplied;
and
‘‘(5) any other information that the Secretary considers
necessary to provide an accurate program profile.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section shall
be construed to affect a definition contained in section 7151.
‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms and the
standards of proof (including the standard of good faith compliance)
that were in use during the 1985–86 academic year to establish
the eligibility of a child for entitlement under the Indian Elementary
and Secondary School Assistance Act shall be the forms and standards of proof used—
‘‘(1) to establish eligibility under this subpart; and
‘‘(2) to meet the requirements of subsection (a).
‘‘(e) DOCUMENTATION.—For purposes of determining whether
a child is eligible to be counted for the purpose of computing
the amount of a grant award under section 7113, the membership
of the child, or any parent or grandparent of the child, in a tribe
or band of Indians (as so defined) may be established by proof
other than an enrollment number, notwithstanding the availability
of an enrollment number for a member of such tribe or band.
Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number.
‘‘(f) MONITORING AND EVALUATION REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) REVIEW.—For each fiscal year, in order to provide
such information as is necessary to carry out the responsibility of the Secretary to provide technical assistance under
this subpart, the Secretary shall conduct a monitoring and
evaluation review of a sampling of the recipients of grants
under this subpart. The sampling conducted under this
subparagraph shall take into account the size of and the
geographic location of each local educational agency.
‘‘(B) EXCEPTION.—A local educational agency may not
be held liable to the United States or be subject to any
penalty, by reason of the findings of an audit that relates
to the date of completion, or the date of submission, of
any forms used to establish, before April 28, 1988, the
eligibility of a child for an entitlement under the Indian
Elementary and Secondary School Assistance Act.
‘‘(2) FALSE INFORMATION.—Any local educational agency
that provides false information in an application for a grant
under this subpart shall—
‘‘(A) be ineligible to apply for any other grant under
this subpart; and
‘‘(B) be liable to the United States for any funds from
the grant that have not been expended.
‘‘(3) EXCLUDED CHILDREN.—A student who provides false
information for the form required under subsection (a) shall
not be counted for the purpose of computing the amount of
a grant under section 7113.
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding
any other provision of this section, in calculating the amount of
a grant under this subpart to a tribal school that receives a grant
or contract from the Bureau of Indian Affairs, the Secretary shall
use only one of the following, as selected by the school:

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‘‘(1) A count of the number of students in the schools
certified by the Bureau.
‘‘(2) A count of the number of students for whom the
school has eligibility forms that comply with this section.
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of determining
the number of children to be counted in calculating the amount
of a local educational agency’s grant under this subpart (other
than in the case described in subsection (g)(1)), the local educational
agency shall—
‘‘(1) establish a date on, or a period not longer than 31
consecutive days during, which the agency counts those children, if that date or period occurs before the deadline established by the Secretary for submitting an application under
section 7114; and
‘‘(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the agency
on that date or during that period, as the case may be.
20 USC 7428.

‘‘SEC. 7118. PAYMENTS.

‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits
an application that is approved by the Secretary under this subpart
the amount determined under section 7113. The Secretary shall
notify the local educational agency of the amount of the payment
not later than June 1 of the year for which the Secretary makes
the payment.
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE.—The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State
in which the local educational agency is located takes into consideration payments made under this chapter in determining the eligibility of the local educational agency for State aid, or the amount
of the State aid, with respect to the free public education of children
during such fiscal year or the preceding fiscal year.
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL
EFFORT.—
‘‘(1) IN GENERAL.—The Secretary may not pay a local educational agency the full amount of a grant award determined
under section 7113 for any fiscal year unless the State educational agency notifies the Secretary, and the Secretary determines, that with respect to the provision of free public education
by the local educational agency for the preceding fiscal year,
the combined fiscal effort of the local educational agency and
the State, computed on either a per student or aggregate
expenditure basis, was not less than 90 percent of the amount
of the combined fiscal effort, computed on the same basis,
for the second preceding fiscal year.
‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for the preceding
fiscal year, the Secretary determines that a local educational
agency and State failed to maintain the combined fiscal effort
for such agency at the level specified in paragraph (1), the
Secretary shall—
‘‘(A) reduce the amount of the grant that would otherwise be made to such agency under this subpart in the
exact proportion of the failure to maintain the fiscal effort
at such level; and

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‘‘(B) not use the reduced amount of the agency and
State expenditures for the preceding year to determine
compliance with paragraph (1) for any succeeding fiscal
year, but shall use the amount of expenditures that would
have been required to comply with paragraph (1).
‘‘(3) WAIVER.—
‘‘(A) IN GENERAL.—The Secretary may waive the
requirement of paragraph (1) for a local educational agency,
for not more than 1 year at a time, if the Secretary determines that the failure to comply with such requirement
is due to exceptional or uncontrollable circumstances, such
as a natural disaster or a precipitous and unforeseen
decline in the agency’s financial resources.
‘‘(B) FUTURE DETERMINATIONS.—The Secretary shall
not use the reduced amount of the agency’s expenditures
for the fiscal year preceding the fiscal year for which a
waiver is granted to determine compliance with paragraph
(1) for any succeeding fiscal year, but shall use the amount
of expenditures that would have been required to comply
with paragraph (1) in the absence of the waiver.
‘‘(d) REALLOCATIONS.—The Secretary may reallocate, in a
manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that—
‘‘(1) based on estimates made by local educational agencies
or other information, the Secretary determines will not be
needed by such agencies to carry out approved programs under
this subpart; or
‘‘(2) otherwise become available for reallocation under this
subpart.
‘‘SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW.

20 USC 7429.

‘‘Before submitting an application to the Secretary under section
7114, a local educational agency shall submit the application to
the State educational agency, which may comment on such application. If the State educational agency comments on the application,
the agency shall comment on all applications submitted by local
educational agencies in the State and shall provide those comments
to the respective local educational agencies, with an opportunity
to respond.

‘‘Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian
Children
‘‘SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN.

20 USC 7441.

‘‘(a) PURPOSE.—
‘‘(1) IN GENERAL.—It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness
of services and programs to improve educational opportunities
and achievement of Indian children.
‘‘(2) COORDINATION.—The Secretary shall take the necessary actions to achieve the coordination of activities assisted
under this subpart with—
‘‘(A) other programs funded under this Act; and

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‘‘(B) other Federal programs operated for the benefit
of American Indian and Alaska Native children.
‘‘(b) ELIGIBLE ENTITIES.—In this section, the term ‘eligible
entity’ means a State educational agency, local educational agency,
Indian tribe, Indian organization, federally supported elementary
school or secondary school for Indian students, Indian institution
(including an Indian institution of higher education), or a consortium of such entities.
‘‘(c) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary shall award grants to
eligible entities to enable such entities to carry out activities
that meet the purpose of this section, including—
‘‘(A) innovative programs related to the educational
needs of educationally disadvantaged children;
‘‘(B) educational services that are not available to such
children in sufficient quantity or quality, including
remedial instruction, to raise the achievement of Indian
children in one or more of the core academic subjects of
English, mathematics, science, foreign languages, art, history, and geography;
‘‘(C) bilingual and bicultural programs and projects;
‘‘(D) special health and nutrition services, and other
related activities, that address the special health, social,
and psychological problems of Indian children;
‘‘(E) special compensatory and other programs and
projects designed to assist and encourage Indian children
to enter, remain in, or reenter school, and to increase
the rate of high school graduation for Indian children;
‘‘(F) comprehensive guidance, counseling, and testing
services;
‘‘(G) early childhood and kindergarten programs,
including family-based preschool programs that emphasize
school readiness and parental skills, and the provision
of services to Indian children with disabilities;
‘‘(H) partnership projects between local educational
agencies and institutions of higher education that allow
secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from
secondary to postsecondary education;
‘‘(I) partnership projects between schools and local
businesses for career preparation programs designed to
provide Indian youth with the knowledge and skills such
youth need to make an effective transition from school
to a high-skill, high-wage career;
‘‘(J) programs designed to encourage and assist Indian
students to work toward, and gain entrance into, an institution of higher education;
‘‘(K) family literacy services;
‘‘(L) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and seniors; or
‘‘(M) other services that meet the purpose described
in this section.
‘‘(2) PROFESSIONAL DEVELOPMENT.—Professional development of teaching professionals and paraprofessionals may be
a part of any program assisted under this section.

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‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—
‘‘(1) GRANT REQUIREMENTS.—
‘‘(A) IN GENERAL.—The Secretary may make multiyear
grants under subsection (c) for the planning, development,
pilot operation, or demonstration of any activity described
in subsection (c) for a period not to exceed 5 years.
‘‘(B) PRIORITY.—In making multiyear grants described
in this paragraph, the Secretary shall give priority to entities submitting applications that present a plan for combining two or more of the activities described in subsection
(c) over a period of more than 1 year.
‘‘(C) PROGRESS.—The Secretary shall make a grant payment for a grant described in this paragraph to an eligible
entity after the initial year of the multiyear grant only
if the Secretary determines that the eligible entity has
made substantial progress in carrying out the activities
assisted under the grant in accordance with the application
submitted under paragraph (3) and any subsequent modifications to such application.
‘‘(2) DISSEMINATION GRANTS.—
‘‘(A) IN GENERAL.—In addition to awarding the
multiyear grants described in paragraph (1), the Secretary
may award grants under subsection (c) to eligible entities
for the dissemination of exemplary materials or programs
assisted under this section.
‘‘(B) DETERMINATION.—The Secretary may award a
dissemination grant described in this paragraph if, prior
to awarding the grant, the Secretary determines that the
material or program to be disseminated—
‘‘(i) has been adequately reviewed;
‘‘(ii) has demonstrated educational merit; and
‘‘(iii) can be replicated.
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—Any eligible entity that desires to
receive a grant under this section shall submit an application to the Secretary at such time and in such manner
as the Secretary may reasonably require.
‘‘(B) CONTENTS.—Each application submitted to the
Secretary under subparagraph (A), other than an application for a dissemination grant under paragraph (2), shall
contain—
‘‘(i) a description of how parents of Indian children
and representatives of Indian tribes have been, and
will be, involved in developing and implementing the
activities for which assistance is sought;
‘‘(ii) assurances that the applicant will participate,
at the request of the Secretary, in any national evaluation of activities assisted under this section;
‘‘(iii) information demonstrating that the proposed
program for the activities is a scientifically based
research program, where applicable, which may include
a program that has been modified to be culturally
appropriate for students who will be served;
‘‘(iv) a description of how the applicant will incorporate the proposed activities into the ongoing school
program involved once the grant period is over; and

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‘‘(v) such other assurances and information as the
Secretary may reasonably require.
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the
funds provided to a grantee under this subpart for any fiscal year
may be used for administrative purposes.
20 USC 7442.

‘‘SEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS.

‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to increase the number of qualified Indian individuals
in teaching or other education professions that serve Indian
people;
‘‘(2) to provide training to qualified Indian individuals to
enable such individuals to become teachers, administrators,
teacher aides, social workers, and ancillary educational personnel; and
‘‘(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this section, the
term ‘eligible entity’ means—
‘‘(1) an institution of higher education, including an Indian
institution of higher education;
‘‘(2) a State educational agency or local educational agency,
in consortium with an institution of higher education;
‘‘(3) an Indian tribe or organization, in consortium with
an institution of higher education; and
‘‘(4) a Bureau-funded school (as defined in section 1146
of the Education Amendments of 1978).
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is authorized to
award grants to eligible entities having applications approved under
this section to enable those entities to carry out the activities
described in subsection (d).
‘‘(d) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Grant funds under this section shall
be used for activities to provide support and training for Indian
individuals in a manner consistent with the purposes of this
section. Such activities may include continuing programs,
symposia, workshops, conferences, and direct financial support,
and may include programs designed to train tribal elders and
seniors.
‘‘(2) SPECIAL RULES.—
‘‘(A) TYPE OF TRAINING.—For education personnel, the
training received pursuant to a grant under this section
may be inservice or preservice training.
‘‘(B) PROGRAM.—For individuals who are being trained
to enter any field other than teaching, the training received
pursuant to a grant under this section shall be in a program
that results in a graduate degree.
‘‘(e) APPLICATION.—Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information, as
the Secretary may reasonably require.
‘‘(f) SPECIAL RULE.—In awarding grants under this section,
the Secretary—
‘‘(1) shall consider the prior performance of the eligible
entity; and

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‘‘(2) may not limit eligibility to receive a grant under this
section on the basis of—
‘‘(A) the number of previous grants the Secretary has
awarded such entity; or
‘‘(B) the length of any period during which such entity
received such grants.
‘‘(g) GRANT PERIOD.—Each grant under this section shall be
awarded for a period of not more than 5 years.
‘‘(h) SERVICE OBLIGATION.—
‘‘(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives training pursuant to a
grant made under this section—
‘‘(A) perform work—
‘‘(i) related to the training received under this section; and
‘‘(ii) that benefits Indian people; or
‘‘(B) repay all or a prorated part of the assistance
received.
‘‘(2) REPORTING.—The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient under
this section shall, not later than 12 months after the date
of completion of the training, and periodically thereafter, provide information concerning compliance with the work requirement under paragraph (1).

Regulations.

‘‘Subpart 3—National Activities
‘‘SEC. 7131. NATIONAL RESEARCH ACTIVITIES.

20 USC 7451.

‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may use funds
made available under section 7152(b) for each fiscal year to—
‘‘(1) conduct research related to effective approaches for
the education of Indian children and adults;
‘‘(2) evaluate federally assisted education programs from
which Indian children and adults may benefit;
‘‘(3) collect and analyze data on the educational status
and needs of Indians; and
‘‘(4) carry out other activities that are consistent with the
purpose of this part.
‘‘(b) ELIGIBILITY.—The Secretary may carry out any of the
activities described in subsection (a) directly or through grants
to, or contracts or cooperative agreements with, Indian tribes,
Indian organizations, State educational agencies, local educational
agencies, institutions of higher education, including Indian institutions of higher education, and other public and private agencies
and institutions.
‘‘(c) COORDINATION.—Research activities supported under this
section—
‘‘(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
‘‘(2) may include collaborative research activities that are
jointly funded and carried out by the Office of Indian Education
Programs and the Office of Educational Research and Improvement.

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20 USC 7452.

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN.

‘‘(a) GRANTS AUTHORIZED.—In addition to the grants authorized
by section 7122(c), the Secretary may make grants to eligible consortia for the provision of high quality in-service training. The
Secretary may make such a grant to—
‘‘(1) a consortium of a tribal college and an institution
of higher education that awards a degree in education; or
‘‘(2) a consortium of—
‘‘(A) a tribal college;
‘‘(B) an institution of higher education that awards
a degree in education; and
‘‘(C) one or more elementary schools or secondary
schools operated by the Bureau of Indian Affairs, local
educational agencies serving Indian children, or tribal educational agencies.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN-SERVICE TRAINING.—A consortium that receives a
grant under subsection (a) shall use the grant funds only to
provide high quality in-service training to teachers, including
teachers who are not Indians, in schools of local educational
agencies with substantial numbers of Indian children enrolled
in their schools, in order to better meet the needs of those
children.
‘‘(2) COMPONENTS.—The training described in paragraph
(1) shall include such activities as preparing teachers to use
the best available scientifically based research practices and
learning strategies, and to make the most effective use of
curricula and materials, to respond to the unique needs of
Indian children in their classrooms.
‘‘(c) PREFERENCE FOR INDIAN APPLICANTS.—In applying section
7143 to this section, the Secretary shall give a preference to any
consortium that includes one or more of the entities described
in section 7143.
20 USC 7453.

‘‘SEC. 7133. FELLOWSHIPS FOR INDIAN STUDENTS.

‘‘(a) FELLOWSHIPS.—
‘‘(1) AUTHORITY.—The Secretary is authorized to award
fellowships to Indian students to enable such students to study
in graduate and professional programs at institutions of higher
education.
‘‘(2) REQUIREMENTS.—The fellowships described in paragraph (1) shall be awarded to Indian students to enable such
students to pursue a course of study—
‘‘(A) of not more than 4 academic years; and
‘‘(B) that leads—
‘‘(i) toward a postbaccalaureate degree in medicine,
clinical psychology, psychology, law, education, or a
related field; or
‘‘(ii) to an undergraduate or graduate degree in
engineering,
business
administration,
natural
resources, or a related field.
‘‘(b) STIPENDS.—The Secretary shall pay to Indian students
awarded fellowships under subsection (a) such stipends (including
allowances for subsistence of such students and dependents of such
students) as the Secretary determines to be consistent with prevailing practices under comparable federally supported programs.

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‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUITION.—The Secretary shall pay to the institution of higher education at which
such a fellowship recipient is pursuing a course of study, in lieu
of tuition charged to such recipient, such amounts as the Secretary
may determine to be necessary to cover the cost of education provided to such recipient.
‘‘(d) SPECIAL RULES.—
‘‘(1) IN GENERAL.—If a fellowship awarded under subsection
(a) is vacated prior to the end of the period for which the
fellowship is awarded, the Secretary may award an additional
fellowship for the unexpired portion of the period of the first
fellowship.
‘‘(2) WRITTEN NOTICE.—Not later than 45 days before the
commencement of an academic term, the Secretary shall provide
to each individual who is awarded a fellowship under subsection
(a) for such academic term written notice of—
‘‘(A) the amount of the funding for the fellowship;
and
‘‘(B) any stipends or other payments that will be made
under this section to, or for the benefit of, the individual
for the academic term.
‘‘(3) PRIORITY.—Not more than 10 percent of the fellowships
awarded under subsection (a) shall be awarded, on a priority
basis, to persons receiving training in guidance counseling with
a specialty in the area of alcohol and substance abuse counseling and education.
‘‘(e) SERVICE OBLIGATION.—
‘‘(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives financial assistance under
this section—
‘‘(A) perform work—
‘‘(i) related to the training for which the individual
receives the assistance under this section; and
‘‘(ii) that benefits Indian people; or
‘‘(B) repay all or a prorated portion of such assistance.
‘‘(2) REPORTING.—The Secretary shall establish, by regulation, a reporting procedure under which a recipient of assistance
under this section shall, not later than 12 months after the
date of completion of the training, and periodically thereafter,
provide information concerning the compliance of such recipient
with the work requirement described in paragraph (1).
‘‘(f) ADMINISTRATION OF FELLOWSHIPS.—The Secretary may
administer the fellowships authorized under this section through
a grant to, or contract or cooperative agreement with, an Indian
organization with demonstrated qualifications to administer all
facets of the program assisted under this section.
‘‘SEC. 7134. GIFTED AND TALENTED INDIAN STUDENTS.

Deadline.

Regulations.

20 USC 7454.

‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized to—
‘‘(1) establish two centers for gifted and talented Indian
students at tribally controlled community colleges in accordance
with this section; and
‘‘(2) support demonstration projects described in subsection
(c).
‘‘(b) ELIGIBLE ENTITIES.—The Secretary shall make grants, or
enter into contracts, for the activities described in subsection (a),
to or with—

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(1) two tribally controlled community colleges that—
‘‘(A) are eligible for funding under the Tribally Controlled College or University Assistance Act of 1978; and
‘‘(B) are fully accredited; or
‘‘(2) the American Indian Higher Education Consortium,
if the Secretary does not receive applications that the Secretary
determines to be approvable from two colleges that meet the
requirements of paragraph (1).
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds made available through the
grants made, or contracts entered into, by the Secretary under
subsection (b) shall be used for—
‘‘(A) the establishment of centers described in subsection (a); and
‘‘(B) carrying out demonstration projects designed to—
‘‘(i) address the special needs of Indian students
in elementary schools and secondary schools who are
gifted and talented; and
‘‘(ii) provide such support services to the families
of the students described in clause (i) as are needed
to enable such students to benefit from the projects.
‘‘(2) SUBCONTRACTS.—Each recipient of a grant or contract
under subsection (b) to carry out a demonstration project under
subsection (a) may enter into a contract with any other entity,
including the Children’s Television Workshop, to carry out the
demonstration project.
‘‘(3) DEMONSTRATION PROJECTS.—Demonstration projects
assisted under subsection (b) may include—
‘‘(A) the identification of the special needs of gifted
and talented Indian students, particularly at the
elementary school level, giving attention to—
‘‘(i) identifying the emotional and psychosocial
needs of such students; and
‘‘(ii) providing such support services to the families
of such students as are needed to enable such students
to benefit from the projects;
‘‘(B) the conduct of educational, psychosocial, and
developmental activities that the Secretary determines hold
a reasonable promise of resulting in substantial progress
toward meeting the educational needs of such gifted and
talented children, including—
‘‘(i) demonstrating and exploring the use of Indian
languages and exposure to Indian cultural traditions;
and
‘‘(ii) carrying out mentoring and apprenticeship
programs;
‘‘(C) the provision of technical assistance and the
coordination of activities at schools that receive grants
under subsection (d) with respect to the activities assisted
under such grants, the evaluation of programs assisted
under such grants, or the dissemination of such evaluations;
‘‘(D) the use of public television in meeting the special
educational needs of such gifted and talented children;
‘‘(E) leadership programs designed to replicate programs for such children throughout the United States,

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including disseminating information derived from the demonstration projects conducted under subsection (a); and
‘‘(F) appropriate research, evaluation, and related
activities pertaining to the needs of such children and
to the provision of such support services to the families
of such children as are needed to enable such children
to benefit from the projects.
‘‘(4) APPLICATION.—Each eligible entity desiring a grant
or contract under subsection (b) shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information, as the Secretary may reasonably require.
‘‘(d) ADDITIONAL GRANTS.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of the Interior, shall award 5 grants to schools funded
by the Bureau of Indian Affairs (hereafter referred to individually in this section as a ‘Bureau school’) for program research
and development and the development and dissemination of
curriculum and teacher training material, regarding—
‘‘(A) gifted and talented students;
‘‘(B) college preparatory studies (including programs
for Indian students with an interest in pursuing teaching
careers);
‘‘(C) students with special culturally related academic
needs, including students with social, lingual, and cultural
needs; or
‘‘(D) mathematics and science education.
‘‘(2) APPLICATIONS.—Each Bureau school desiring a grant
under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by
such information, as the Secretary may reasonably require.
‘‘(3) SPECIAL RULE.—Each application described in paragraph (2) shall be developed, and each grant under this subsection shall be administered, jointly by the supervisor of the
Bureau school and the local educational agency serving such
school.
‘‘(4) REQUIREMENTS.—In awarding grants under paragraph
(1), the Secretary shall achieve a mixture of the programs
described in paragraph (1) that ensures that Indian students
at all grade levels and in all geographic areas of the United
States are able to participate in a program assisted under
this subsection.
‘‘(5) GRANT PERIOD.—Subject to the availability of appropriations, a grant awarded under paragraph (1) shall be
awarded for a 3-year period and may be renewed by the Secretary for additional 3-year periods if the Secretary determines
that the performance of the grant recipient has been satisfactory.
‘‘(6) DISSEMINATION.—
‘‘(A) COOPERATIVE EFFORTS.—The dissemination of any
materials developed from activities assisted under paragraph (1) shall be carried out in cooperation with entities
that receive funds pursuant to subsection (b).
‘‘(B) REPORT.—The Secretary shall prepare and submit
to the Secretary of the Interior and to Congress a report
concerning any results from activities described in this
subsection.
‘‘(7) EVALUATION COSTS.—

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‘‘(A) DIVISION.—The costs of evaluating any activities
assisted under paragraph (1) shall be divided between the
Bureau schools conducting such activities and the recipients of grants or contracts under subsection (b) who conduct
demonstration projects under subsection (a).
‘‘(B) GRANTS AND CONTRACTS.—If no funds are provided
under subsection (b) for—
‘‘(i) the evaluation of activities assisted under paragraph (1);
‘‘(ii) technical assistance and coordination with
respect to such activities; or
‘‘(iii) the dissemination of the evaluations referred
to in clause (i),
the Secretary shall make such grants, or enter into such
contracts, as are necessary to provide for the evaluations,
technical assistance, and coordination of such activities,
and the dissemination of the evaluations.
‘‘(e) INFORMATION NETWORK.—The Secretary shall encourage
each recipient of a grant or contract under this section to work
cooperatively as part of a national network to ensure that the
information developed by the grant or contract recipient is readily
available to the entire educational community.
20 USC 7455.

‘‘SEC. 7135. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE
PLANNING AND DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes, to plan
and develop a centralized tribal administrative entity to—
‘‘(1) coordinate all education programs operated by the
tribe or within the territorial jurisdiction of the tribe;
‘‘(2) develop education codes for schools within the territorial jurisdiction of the tribe;
‘‘(3) provide support services and technical assistance to
schools serving children of the tribe; and
‘‘(4) perform child-find screening services for the preschoolaged children of the tribe to—
‘‘(A) ensure placement in appropriate educational facilities; and
‘‘(B) coordinate the provision of any needed special
services for conditions such as disabilities and English
language skill deficiencies.
‘‘(b) PERIOD OF GRANT.—Each grant awarded under this section
may be awarded for a period of not more than 3 years. Such
grant may be renewed upon the termination of the initial period
of the grant if the grant recipient demonstrates to the satisfaction
of the Secretary that renewing the grant for an additional 3-year
period is necessary to carry out the objectives of the grant described
in subsection (c)(2)(A).
‘‘(c) APPLICATION FOR GRANT.—
‘‘(1) IN GENERAL.—Each Indian tribe and tribal organization
desiring a grant under this section shall submit an application
to the Secretary at such time, in such manner, containing
such information, and consistent with such criteria, as the
Secretary may prescribe in regulations.
‘‘(2) CONTENTS.—Each application described in paragraph
(1) shall contain—

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‘‘(A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant;
and
‘‘(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance
is sought and for determining whether such objectives are
achieved.
‘‘(3) APPROVAL.—The Secretary may approve an application
submitted by a tribe or tribal organization pursuant to this
section only if the Secretary is satisfied that such application,
including any documentation submitted with the application—
‘‘(A) demonstrates that the applicant has consulted
with other education entities, if any, within the territorial
jurisdiction of the applicant who will be affected by the
activities to be conducted under the grant;
‘‘(B) provides for consultation with such other education
entities in the operation and evaluation of the activities
conducted under the grant; and
‘‘(C) demonstrates that there will be adequate resources
provided under this section or from other sources to complete the activities for which assistance is sought, except
that the availability of such other resources shall not be
a basis for disapproval of such application.
‘‘(d) RESTRICTION.—A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the Education Amendments of 1978.
‘‘SEC. 7136. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
ADULT INDIANS.

20 USC 7456.

‘‘(a) IN GENERAL.—The Secretary shall make grants to State
educational agencies, local educational agencies, and Indian tribes,
institutions, and organizations—
‘‘(1) to support planning, pilot, and demonstration projects
that are designed to test and demonstrate the effectiveness
of programs for improving employment and educational
opportunities for adult Indians;
‘‘(2) to assist in the establishment and operation of programs that are designed to stimulate—
‘‘(A) the provision of basic literacy opportunities for
all nonliterate Indian adults; and
‘‘(B) the provision of opportunities to all Indian adults
to qualify for a secondary school diploma, or its recognized
equivalent, in the shortest period of time feasible;
‘‘(3) to support a major research and development program
to develop more innovative and effective techniques for
achieving literacy and secondary school equivalency for Indians;
‘‘(4) to provide for basic surveys and evaluations to define
accurately the extent of the problems of illiteracy and lack
of secondary school completion among Indians; and
‘‘(5) to encourage the dissemination of information and
materials relating to, and the evaluation of, the effectiveness
of education programs that may offer educational opportunities
to Indian adults.
‘‘(b) EDUCATIONAL SERVICES.—The Secretary may make grants
to Indian tribes, institutions, and organizations to develop and
establish educational services and programs specifically designed
to improve educational opportunities for Indian adults.

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‘‘(c) INFORMATION AND EVALUATION.—The Secretary may make
grants to, and enter into contracts with, public agencies and institutions and Indian tribes, institutions, and organizations, for—
‘‘(1) the dissemination of information concerning educational programs, services, and resources available to Indian
adults, including evaluations of the programs, services, and
resources; and
‘‘(2) the evaluation of federally assisted programs in which
Indian adults may participate to determine the effectiveness
of the programs in achieving the purposes of the programs
with respect to Indian adults.
‘‘(d) APPLICATIONS.—
‘‘(1) IN GENERAL.—Each entity desiring a grant or contract
under this section shall submit to the Secretary an application
at such time, in such manner, containing such information,
and consistent with such criteria, as the Secretary may prescribe in regulations.
‘‘(2) CONTENTS.—Each application described in paragraph
(1) shall contain—
‘‘(A) a statement describing the activities to be conducted and the objectives to be achieved under the grant
or contract; and
‘‘(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance
is sought and determining whether the objectives of the
grant or contract are achieved.
‘‘(3) APPROVAL.—The Secretary shall not approve an
application described in paragraph (1) unless the Secretary
determines that such application, including any documentation
submitted with the application, indicates that—
‘‘(A) there has been adequate participation, by the
individuals to be served and the appropriate tribal communities, in the planning and development of the activities
to be assisted; and
‘‘(B) the individuals and tribal communities referred
to in subparagraph (A) will participate in the operation
and evaluation of the activities to be assisted.
‘‘(4) PRIORITY.—In approving applications under paragraph
(1), the Secretary shall give priority to applications from Indian
educational agencies, organizations, and institutions.
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the
funds made available to an entity through a grant or contract
made or entered into under this section for a fiscal year may
be used to pay for administrative costs.

‘‘Subpart 4—Federal Administration

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‘‘SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

Establishment.

‘‘(a) MEMBERSHIP.—There is established a National Advisory
Council on Indian Education (hereafter in this section referred
to as the ‘Council’), which shall—
‘‘(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time
to time, by Indian tribes and organizations; and
‘‘(2) represent different geographic areas of the United
States.
‘‘(b) DUTIES.—The Council shall—

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‘‘(1) advise the Secretary concerning the funding and
administration (including the development of regulations and
administrative policies and practices) of any program, including
any program established under this part—
‘‘(A) with respect to which the Secretary has jurisdiction; and
‘‘(B)(i) that includes Indian children or adults as
participants; or
‘‘(ii) that may benefit Indian children or adults;
‘‘(2) make recommendations to the Secretary for filling
the position of Director of Indian Education whenever a vacancy
occurs; and
‘‘(3) submit to Congress, not later than June 30 of each
year, a report on the activities of the Council, including—
‘‘(A) any recommendations that the Council considers
appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and
‘‘(B) recommendations concerning the funding of any
program described in subparagraph (A).
‘‘SEC. 7142. PEER REVIEW.

Deadline.
Reports.

20 USC 7472.

‘‘The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2 or subpart 3.
‘‘SEC. 7143. PREFERENCE FOR INDIAN APPLICANTS.

20 USC 7473.

‘‘In making grants and entering into contracts or cooperative
agreements under subpart 2 or subpart 3, the Secretary shall give
a preference to Indian tribes, organizations, and institutions of
higher education under any program with respect to which Indian
tribes, organizations, and institutions are eligible to apply for
grants, contracts, or cooperative agreements.
‘‘SEC. 7144. MINIMUM GRANT CRITERIA.

20 USC 7474.

‘‘The Secretary may not approve an application for a grant,
contract, or cooperative agreement under subpart 2 or subpart
3 unless the application is for a grant, contract, or cooperative
agreement that is—
‘‘(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant, contract, or cooperative
agreement; and
‘‘(2) based on relevant research findings.

‘‘Subpart 5—Definitions; Authorizations of
Appropriations
‘‘SEC. 7151. DEFINITIONS.

20 USC 7491.

‘‘For the purposes of this part:
‘‘(1) ADULT.—The term ‘adult’ means an individual who—
‘‘(A) has attained the age of 16 years; or
‘‘(B) has attained an age that is greater than the age
of compulsory school attendance under an applicable State
law.
‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free public education’ means education that is—
‘‘(A) provided at public expense, under public supervision and direction, and without tuition charge; and

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‘‘(B) provided as elementary or secondary education
in the applicable State or to preschool children.
‘‘(3) INDIAN.—The term ‘Indian’ means an individual who
is—
‘‘(A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including—
‘‘(i) any tribe or band terminated since 1940; and
‘‘(ii) any tribe or band recognized by the State
in which the tribe or band resides;
‘‘(B) a descendant, in the first or second degree, of
an individual described in subparagraph (A);
‘‘(C) considered by the Secretary of the Interior to
be an Indian for any purpose;
‘‘(D) an Eskimo, Aleut, or other Alaska Native; or
‘‘(E) a member of an organized Indian group that
received a grant under the Indian Education Act of 1988
as in effect the day preceding the date of enactment of
the Improving America’s Schools Act of 1994.

‘‘SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.

20 USC 7492.

‘‘(a) SUBPART 1.—For the purpose of carrying out subpart 1,
there are authorized to be appropriated $96,400,000 for fiscal year
2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
‘‘(b) SUBPARTS 2 AND 3.—For the purpose of carrying out subparts 2 and 3, there are authorized to be appropriated $24,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 5 succeeding fiscal years.
Native Hawaiian
Education Act.
20 USC 7511.

‘‘PART B—NATIVE HAWAIIAN EDUCATION
‘‘SEC. 7201. SHORT TITLE.

‘‘This part may be cited as the ‘Native Hawaiian Education
Act’.
20 USC 7512.

‘‘SEC. 7202. FINDINGS.

‘‘Congress finds the following:
‘‘(1) Native Hawaiians are a distinct and unique indigenous
people with a historical continuity to the original inhabitants
of the Hawaiian archipelago, whose society was organized as
a nation and internationally recognized as a nation by the
United States, Britain, France, and Japan, as evidenced by
treaties governing friendship, commerce, and navigation.
‘‘(2) At the time of the arrival of the first nonindigenous
people in Hawaii in 1778, the Native Hawaiian people lived
in a highly organized, self-sufficient subsistence social system
based on a communal land tenure system with a sophisticated
language, culture, and religion.
‘‘(3) A unified monarchal government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the
first King of Hawaii.
‘‘(4) From 1826 until 1893, the United States recognized
the sovereignty and independence of the Kingdom of Hawaii,
which was established in 1810 under Kamehameha I, extended
full and complete diplomatic recognition to the Kingdom of
Hawaii, and entered into treaties and conventions with the
Kingdom of Hawaii to govern friendship, commerce and navigation in 1826, 1842, 1849, 1875, and 1887.

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‘‘(5) In 1893, the sovereign, independent, internationally
recognized, and indigenous government of Hawaii, the Kingdom
of Hawaii, was overthrown by a small group of non-Hawaiians,
including United States citizens, who were assisted in their
efforts by the United States Minister, a United States naval
representative, and armed naval forces of the United States.
Because of the participation of United States agents and citizens in the overthrow of the Kingdom of Hawaii, in 1993
the United States apologized to Native Hawaiians for the overthrow and the deprivation of the rights of Native Hawaiians
to self-determination through Public Law 103–150 (107 Stat.
1510).
‘‘(6) In 1898, the joint resolution entitled ‘Joint Resolution
to provide for annexing the Hawaiian Islands to the United
States’, approved July 7, 1898 (30 Stat. 750), ceded absolute
title of all lands held by the Republic of Hawaii, including
the government and crown lands of the former Kingdom of
Hawaii, to the United States, but mandated that revenue generated from the lands be used ‘solely for the benefit of the
inhabitants of the Hawaiian Islands for educational and other
public purposes’.
‘‘(7) By 1919, the Native Hawaiian population had declined
from an estimated 1,000,000 in 1778 to an alarming 22,600,
and in recognition of this severe decline, Congress enacted
the Hawaiian Homes Commission Act, 1920 (42 Stat. 108),
which designated approximately 200,000 acres of ceded public
lands for homesteading by Native Hawaiians.
‘‘(8) Through the enactment of the Hawaiian Homes
Commission Act, 1920, Congress affirmed the special relationship between the United States and the Native Hawaiians,
which was described by then Secretary of the Interior Franklin
K. Lane, who said: ‘One thing that impressed me . . . was
the fact that the natives of the island who are our wards,
I should say, and for whom in a sense we are trustees, are
falling off rapidly in numbers and many of them are in poverty.’.
‘‘(9) In 1938, Congress again acknowledged the unique
status of the Hawaiian people by including in the Act of June
20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b–
1, 392b, 392c, 396, 396a), a provision to lease lands within
the National Parks extension to Native Hawaiians and to
permit fishing in the area ‘only by native Hawaiian residents
of said area or of adjacent villages and by visitors under their
guidance.’.
‘‘(10) Under the Act entitled ‘An Act to provide for the
admission of the State of Hawaii into the Union’, approved
March 18, 1959 (73 Stat. 4), the United States transferred
responsibility for the administration of the Hawaiian Home
Lands to the State of Hawaii but reaffirmed the trust relationship between the United States and the Hawaiian people by
retaining the exclusive power to enforce the trust, including
the power to approve land exchanges and amendments to such
Act affecting the rights of beneficiaries under such Act.
‘‘(11) In 1959, under the Act entitled ‘An Act to provide
for the admission of the State of Hawaii into the Union’, the
United States also ceded to the State of Hawaii title to the
public lands formerly held by the United States, but mandated
that such lands be held by the State ‘in public trust’ and

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reaffirmed the special relationship that existed between the
United States and the Hawaiian people by retaining the legal
responsibility to enforce the public trust responsibility of the
State of Hawaii for the betterment of the conditions of Native
Hawaiians, as defined in section 201(a) of the Hawaiian Homes
Commission Act, 1920.
‘‘(12) The United States has recognized and reaffirmed
that—
‘‘(A) Native Hawaiians have a cultural, historic, and
land-based link to the indigenous people who exercised
sovereignty over the Hawaiian Islands, and that group
has never relinquished its claims to sovereignty or its sovereign lands;
‘‘(B) Congress does not extend services to Native
Hawaiians because of their race, but because of their
unique status as the indigenous people of a once sovereign
nation as to whom the United States has established a
trust relationship;
‘‘(C) Congress has also delegated broad authority to
administer a portion of the Federal trust responsibility
to the State of Hawaii;
‘‘(D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives;
and
‘‘(E) the aboriginal, indigenous people of the United
States have—
‘‘(i) a continuing right to autonomy in their internal
affairs; and
‘‘(ii) an ongoing right of self-determination and
self-governance that has never been extinguished.
‘‘(13) The political relationship between the United States
and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion
of Native Hawaiians in—
‘‘(A) the Native American Programs Act of 1974 (42
U.S.C. 2991 et seq.);
‘‘(B) the American Indian Religious Freedom Act (42
U.S.C. 1996);
‘‘(C) the National Museum of the American Indian
Act (20 U.S.C. 80q et seq.);
‘‘(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
‘‘(E) the National Historic Preservation Act (16 U.S.C.
470 et seq.);
‘‘(F) the Native American Languages Act (25 U.S.C.
2901 et seq.);
‘‘(G) the American Indian, Alaska Native, and Native
Hawaiian Culture and Art Development Act (20 U.S.C.
4401 et seq.);
‘‘(H) the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.); and
‘‘(I) the Older Americans Act of 1965 (42 U.S.C. 3001
et seq.).
‘‘(14) In 1981, Congress instructed the Office of Education
to submit to Congress a comprehensive report on Native
Hawaiian education. The report, entitled the ‘Native Hawaiian
Educational Assessment Project’, was released in 1983 and

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documented that Native Hawaiians scored below parity with
regard to national norms on standardized achievement tests,
were disproportionately represented in many negative social
and physical statistics indicative of special educational needs,
and had educational needs that were related to their unique
cultural situation, such as different learning styles and low
self-image.
‘‘(15) In recognition of the educational needs of Native
Hawaiians, in 1988, Congress enacted title IV of the Augustus
F. Hawkins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988 (102 Stat. 130) to
authorize and develop supplemental educational programs to
address the unique conditions of Native Hawaiians.
‘‘(16) In 1993, the Kamehameha Schools Bishop Estate
released a 10-year update of findings of the Native Hawaiian
Educational Assessment Project, which found that despite the
successes of the programs established under title IV of the
Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, many of
the same educational needs still existed for Native Hawaiians.
Subsequent reports by the Kamehameha Schools Bishop Estate
and other organizations have generally confirmed those
findings. For example—
‘‘(A) educational risk factors continue to start even
before birth for many Native Hawaiian children,
including—
‘‘(i) late or no prenatal care;
‘‘(ii) high rates of births by Native Hawaiian
women who are unmarried; and
‘‘(iii) high rates of births to teenage parents;
‘‘(B) Native Hawaiian students continue to begin their
school experience lagging behind other students in terms
of readiness factors such as vocabulary test scores;
‘‘(C) Native Hawaiian students continue to score below
national norms on standardized education achievement
tests at all grade levels;
‘‘(D) both public and private schools continue to show
a pattern of lower percentages of Native Hawaiian students
in the uppermost achievement levels and in gifted and
talented programs;
‘‘(E) Native Hawaiian students continue to be overrepresented among students qualifying for special education programs provided to students with learning disabilities, mild mental retardation, emotional impairment, and
other such disabilities;
‘‘(F) Native Hawaiians continue to be underrepresented
in institutions of higher education and among adults who
have completed four or more years of college;
‘‘(G) Native Hawaiians continue to be disproportionately represented in many negative social and physical
statistics indicative of special educational needs, as demonstrated by the fact that—
‘‘(i) Native Hawaiian students are more likely to
be retained in grade level and to be excessively absent
in secondary school;

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‘‘(ii) Native Hawaiian students have the highest
rates of drug and alcohol use in the State of Hawaii;
and
‘‘(iii) Native Hawaiian children continue to be disproportionately victimized by child abuse and neglect;
and
‘‘(H) Native Hawaiians now comprise over 23 percent
of the students served by the State of Hawaii Department
of Education, and there are and will continue to be geographically rural, isolated areas with a high Native
Hawaiian population density.
‘‘(17) In the 1998 National Assessment of Educational
Progress, Hawaiian fourth-graders ranked 39th among groups
of students from 39 States in reading. Given that Hawaiian
students rank among the lowest groups of students nationally
in reading, and that Native Hawaiian students rank the lowest
among Hawaiian students in reading, it is imperative that
greater focus be placed on beginning reading and early education and literacy in Hawaii.
‘‘(18) The findings described in paragraphs (16) and (17)
are inconsistent with the high rates of literacy and integration
of traditional culture and Western education historically
achieved by Native Hawaiians through a Hawaiian languagebased public school system established in 1840 by Kamehameha
III.
‘‘(19) Following the overthrow of the Kingdom of Hawaii
in 1893, Hawaiian medium schools were banned. After annexation, throughout the territorial and statehood period of Hawaii,
and until 1986, use of the Hawaiian language as an instructional medium in education in public schools was declared
unlawful. The declaration caused incalculable harm to a culture
that placed a very high value on the power of language, as
exemplified in the traditional saying: ‘I ka ‘o¯ lelo no¯ ke ola;
I ka ‘o¯ lelo no¯ ka make. In the language rests life; In the
language rests death.’.
‘‘(20) Despite the consequences of over 100 years of nonindigenous influence, the Native Hawaiian people are determined to preserve, develop, and transmit to future generations
their ancestral territory and their cultural identity in accordance with their own spiritual and traditional beliefs, customs,
practices, language, and social institutions.
‘‘(21) The State of Hawaii, in the constitution and statutes
of the State of Hawaii—
‘‘(A) reaffirms and protects the unique right of the
Native Hawaiian people to practice and perpetuate their
culture and religious customs, beliefs, practices, and language;
‘‘(B) recognizes the traditional language of the Native
Hawaiian people as an official language of the State of
Hawaii, which may be used as the language of instruction
for all subjects and grades in the public school system;
and
‘‘(C) promotes the study of the Hawaiian culture, language, and history by providing a Hawaiian education program and using community expertise as a suitable and
essential means to further the program.

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‘‘SEC. 7203. PURPOSES.

20 USC 7513.

‘‘The purposes of this part are to—
‘‘(1) authorize and develop innovative educational programs
to assist Native Hawaiians;
‘‘(2) provide direction and guidance to appropriate Federal,
State, and local agencies to focus resources, including resources
made available under this part, on Native Hawaiian education,
and to provide periodic assessment and data collection;
‘‘(3) supplement and expand programs and authorities in
the area of education to further the purposes of this title;
and
‘‘(4) encourage the maximum participation of Native Hawaiians in planning and management of Native Hawaiian education programs.
‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND
COUNCILS.

20 USC 7514.

‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDUCATION
COUNCIL.—In order to better effectuate the purposes of this part
through the coordination of educational and related services and
programs available to Native Hawaiians, including those programs
receiving funding under this part, the Secretary is authorized to
establish a Native Hawaiian Education Council (hereafter in this
part referred to as the ‘Education Council’).
‘‘(b) COMPOSITION OF EDUCATION COUNCIL.—The Education
Council shall consist of not more than 21 members, unless otherwise
determined by a majority of the council.
‘‘(c) CONDITIONS AND TERMS.—
‘‘(1) CONDITIONS.—At least 10 members of the Education
Council shall be Native Hawaiian education service providers
and 10 members of the Education Council shall be Native
Hawaiians or Native Hawaiian education consumers. In addition, a representative of the State of Hawaii Office of Hawaiian
Affairs shall serve as a member of the Education Council.
‘‘(2) APPOINTMENTS.—The members of the Education
Council shall be appointed by the Secretary based on recommendations received from the Native Hawaiian community.
‘‘(3) TERMS.—Members of the Education Council shall serve
for staggered terms of 3 years, except as provided in paragraph
(4).
‘‘(4) COUNCIL DETERMINATIONS.—Additional conditions and
terms relating to membership on the Education Council,
including term lengths and term renewals, shall be determined
by a majority of the Education Council.
‘‘(d) NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.—The Secretary shall make a direct grant to the Education Council to carry
out the following activities:
‘‘(1) Coordinate the educational and related services and
programs available to Native Hawaiians, including the programs assisted under this part.
‘‘(2) Assess the extent to which such services and programs
meet the needs of Native Hawaiians, and collect data on the
status of Native Hawaiian education.
‘‘(3) Provide direction and guidance, through the issuance
of reports and recommendations, to appropriate Federal, State,
and local agencies in order to focus and improve the use of
resources, including resources made available under this part,

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relating to Native Hawaiian education, and serve, where appropriate, in an advisory capacity.
‘‘(4) Make direct grants, if such grants enable the Education
Council to carry out the duties of the Education Council, as
described in paragraphs (1) through (3).
‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION COUNCIL.—
‘‘(1) IN GENERAL.—The Education Council shall provide
copies of any reports and recommendations issued by the Education Council, including any information that the Education
Council provides to the Secretary pursuant to subsection (i),
to the Secretary, the Committee on Education and the
Workforce of the House of Representatives, and the Committee
on Indian Affairs of the Senate.
‘‘(2) ANNUAL REPORT.—The Education Council shall prepare
and submit to the Secretary an annual report on the Education
Council’s activities.
‘‘(3) ISLAND COUNCIL SUPPORT AND ASSISTANCE.—The Education Council shall provide such administrative support and
financial assistance to the island councils established pursuant
to subsection (f) as the Secretary determines to be appropriate,
in a manner that supports the distinct needs of each island
council.
‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—
‘‘(1) IN GENERAL.—In order to better effectuate the purposes
of this part and to ensure the adequate representation of island
and community interests within the Education Council, the
Secretary is authorized to facilitate the establishment of Native
Hawaiian education island councils (hereafter in this part
referred to as an ‘island council’) for the following islands:
‘‘(A) Hawaii.
‘‘(B) Maui.
‘‘(C) Molokai.
‘‘(D) Lanai.
‘‘(E) Oahu.
‘‘(F) Kauai.
‘‘(G) Niihau.
‘‘(2) COMPOSITION OF ISLAND COUNCILS.—Each island
council shall consist of parents, students, and other community
members who have an interest in the education of Native
Hawaiians, and shall be representative of individuals concerned
with the educational needs of all age groups, from children
in preschool through adults. At least three-fourths of the members of each island council shall be Native Hawaiians.
‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION
COUNCIL AND ISLAND COUNCILS.—The Education Council and each
island council shall meet at the call of the chairperson of the
appropriate council, or upon the request of the majority of the
members of the appropriate council, but in any event not less
often than four times during each calendar year. The provisions
of the Federal Advisory Committee Act shall not apply to the
Education Council and each island council.
‘‘(h) COMPENSATION.—Members of the Education Council and
each island council shall not receive any compensation for service
on the Education Council and each island council, respectively.
‘‘(i) REPORT.—Not later than 4 years after the date of enactment
of the No Child Left Behind Act of 2001, the Secretary shall prepare
and submit to the Committee on Education and the Workforce

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of the House of Representatives and the Committee on Indian
Affairs of the Senate a report that summarizes the annual reports
of the Education Council, describes the allocation and use of funds
under this part, and contains recommendations for changes in Federal, State, and local policy to advance the purposes of this part.
‘‘SEC. 7205. PROGRAM AUTHORIZED.

20 USC 7515.

‘‘(a) GENERAL AUTHORITY.—
‘‘(1) GRANTS AND CONTRACTS.—The Secretary is authorized
to make direct grants to, or enter into contracts with—
‘‘(A) Native Hawaiian educational organizations;
‘‘(B) Native Hawaiian community-based organizations;
‘‘(C) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction
in the Native Hawaiian language; and
‘‘(D) consortia of the organizations, agencies, and
institutions described in subparagraphs (A) through (C),
to carry out programs that meet the purposes of this part.
‘‘(2) PRIORITIES.—In awarding grants or contracts to carry
out activities described in paragraph (3), the Secretary shall
give priority to entities proposing projects that are designed
to address—
‘‘(A) beginning reading and literacy among students
in kindergarten through third grade;
‘‘(B) the needs of at-risk children and youth;
‘‘(C) needs in fields or disciplines in which Native
Hawaiians are underemployed; and
‘‘(D) the use of the Hawaiian language in instruction.
‘‘(3) AUTHORIZED ACTIVITIES.—Activities provided through
programs carried out under this part may include—
‘‘(A) the development and maintenance of a statewide
Native Hawaiian early education and care system to provide a continuum of services for Native Hawaiian children
from the prenatal period of the children through age 5;
‘‘(B) the operation of family-based education centers
that provide such services as—
‘‘(i) programs for Native Hawaiian parents and
their infants from the prenatal period of the infants
through age 3;
‘‘(ii) preschool programs for Native Hawaiians; and
‘‘(iii) research on, and development and assessment
of, family-based, early childhood, and preschool programs for Native Hawaiians;
‘‘(C) activities that enhance beginning reading and literacy in either the Hawaiian or the English language
among Native Hawaiian students in kindergarten through
third grade and assistance in addressing the distinct features of combined English and Hawaiian literacy for
Hawaiian speakers in fifth and sixth grade;
‘‘(D) activities to meet the special needs of Native
Hawaiian students with disabilities, including—
‘‘(i) the identification of such students and their
needs;
‘‘(ii) the provision of support services to the families
of those students; and

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‘‘(iii) other activities consistent with the requirements of the Individuals with Disabilities Education
Act;
‘‘(E) activities that address the special needs of Native
Hawaiian students who are gifted and talented, including—
‘‘(i) educational, psychological, and developmental
activities designed to assist in the educational progress
of those students; and
‘‘(ii) activities that involve the parents of those
students in a manner designed to assist in the students’
educational progress;
‘‘(F) the development of academic and vocational curricula to address the needs of Native Hawaiian children
and adults, including curriculum materials in the Hawaiian
language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture;
‘‘(G) professional development activities for educators,
including—
‘‘(i) the development of programs to prepare
prospective teachers to address the unique needs of
Native Hawaiian students within the context of Native
Hawaiian culture, language, and traditions;
‘‘(ii) in-service programs to improve the ability of
teachers who teach in schools with concentrations of
Native Hawaiian students to meet those students’
unique needs; and
‘‘(iii) the recruitment and preparation of Native
Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians,
to become teachers;
‘‘(H) the operation of community-based learning centers
that address the needs of Native Hawaiian families and
communities through the coordination of public and private
programs and services, including—
‘‘(i) preschool programs;
‘‘(ii) after-school programs;
‘‘(iii) vocational and adult education programs; and
‘‘(iv) programs that recognize and support the
unique cultural and educational needs of Native
Hawaiian children, and incorporate appropriately
qualified Native Hawaiian elders and seniors;
‘‘(I) activities, including program co-location, to enable
Native Hawaiians to enter and complete programs of postsecondary education, including—
‘‘(i) provision of full or partial scholarships for
undergraduate or graduate study that are awarded
to students based on their academic promise and financial need, with a priority, at the graduate level, given
to students entering professions in which Native
Hawaiians are underrepresented;
‘‘(ii) family literacy services;
‘‘(iii) counseling and support services for students
receiving scholarship assistance;
‘‘(iv) counseling and guidance for Native Hawaiian
secondary students who have the potential to receive
scholarships; and

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‘‘(v) faculty development activities designed to promote the matriculation of Native Hawaiian students;
‘‘(J) research and data collection activities to determine
the educational status and needs of Native Hawaiian children and adults;
‘‘(K) other research and evaluation activities related
to programs carried out under this part; and
‘‘(L) other activities, consistent with the purposes of
this part, to meet the educational needs of Native Hawaiian
children and adults.
‘‘(4) SPECIAL RULE AND CONDITIONS.—
‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—The Secretary
shall not establish a policy under this section that prevents
a Native Hawaiian student enrolled at a 2- or 4-year degree
granting institution of higher education outside of the State
of Hawaii from receiving a scholarship pursuant to paragraph (3)(I).
‘‘(B) SCHOLARSHIP CONDITIONS.—The Secretary shall
establish conditions for receipt of a scholarship awarded
under paragraph (3)(I). The conditions shall require that
an individual seeking such a scholarship enter into a contract to provide professional services, either during the
scholarship period or upon completion of a program of
postsecondary education, to the Native Hawaiian community.
‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 percent of funds
provided to a recipient of a grant or contract under subsection
(a) for any fiscal year may be used for administrative purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section and section 7204 such sums as may
be necessary for fiscal year 2002 and each of the 5 succeeding
fiscal years.
‘‘(2) RESERVATION.—Of the funds appropriated under this
subsection, the Secretary shall reserve $500,000 for fiscal year
2002 and each of the 5 succeeding fiscal years to make a
direct grant to the Education Council to carry out section
7204.
‘‘(3) AVAILABILITY.—Funds appropriated under this subsection shall remain available until expended.
‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS.

20 USC 7516.

‘‘(a) APPLICATION REQUIRED.—No grant may be made under
this part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing
such information as the Secretary may determine to be necessary
to carry out the provisions of this part.
‘‘(b) SPECIAL RULE.—Each applicant for a grant or contract
under this part shall submit the application for comment to the
local educational agency serving students who will participate in
the program to be carried out under the grant or contract, and
include those comments, if any, with the application to the Secretary.
‘‘SEC. 7207. DEFINITIONS.

20 USC 7517.

‘‘In this part:

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‘‘(1) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ means
any individual who is—
‘‘(A) a citizen of the United States; and
‘‘(B) a descendant of the aboriginal people who, prior
to 1778, occupied and exercised sovereignty in the area
that now comprises the State of Hawaii, as evidenced by—
‘‘(i) genealogical records;
‘‘(ii) Kupuna (elders) or Kamaaina (long-term
community residents) verification; or
‘‘(iii) certified birth records.
‘‘(2) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION.—
The term ‘Native Hawaiian community-based organization’
means any organization that is composed primarily of Native
Hawaiians from a specific community and that assists in the
social, cultural, and educational development of Native Hawaiians in that community.
‘‘(3) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The
term ‘Native Hawaiian educational organization’ means a private nonprofit organization that—
‘‘(A) serves the interests of Native Hawaiians;
‘‘(B) has Native Hawaiians in substantive and policymaking positions within the organization;
‘‘(C) incorporates Native Hawaiian perspective, values,
language, culture, and traditions into the core function
of the organization;
‘‘(D) has demonstrated expertise in the education of
Native Hawaiian youth; and
‘‘(E) has demonstrated expertise in research and program development.
‘‘(4) NATIVE HAWAIIAN LANGUAGE.—The term ‘Native
Hawaiian language’ means the single Native American language indigenous to the original inhabitants of the State of
Hawaii.
‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The term ‘Native
Hawaiian organization’ means a private nonprofit organization
that—
‘‘(A) serves the interests of Native Hawaiians;
‘‘(B) has Native Hawaiians in substantive and policymaking positions within the organization; and
‘‘(C) is recognized by the Governor of Hawaii for the
purpose of planning, conducting, or administering programs
(or portions of programs) for the benefit of Native Hawaiians.
‘‘(6) OFFICE OF HAWAIIAN AFFAIRS.—The term ‘Office of
Hawaiian Affairs’ means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.

‘‘PART C—ALASKA NATIVE EDUCATION

Alaska Native
Educational
Equity, Support,
and Assistance
Act.
20 USC 7541.

‘‘SEC. 7301. SHORT TITLE.

20 USC 7542.

‘‘SEC. 7302. FINDINGS.

‘‘This part may be cited as the ‘Alaska Native Educational
Equity, Support, and Assistance Act’.
‘‘Congress finds and declares the following:

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‘‘(1) The attainment of educational success is critical to
the betterment of the conditions, long-term well-being, and
preservation of the culture of Alaska Natives.
‘‘(2) It is the policy of the Federal Government to encourage
the maximum participation by Alaska Natives in the planning
and the management of Alaska Native education programs.
‘‘(3) Alaska Native children enter and exit school with
serious educational handicaps.
‘‘(4) The educational achievement of Alaska Native children
is far below national norms. Native performance on standardized tests is low, Native student dropout rates are high, and
Natives are significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a result,
Native students are being denied their opportunity to become
full participants in society by grade school and high school
educations that are condemning an entire generation to an
underclass status and a life of limited choices.
‘‘(5) The programs authorized in this part, combined with
expanded Head Start, infant learning, and early childhood education programs, and parent education programs, are essential
if educational handicaps are to be overcome.
‘‘(6) The sheer magnitude of the geographic barriers to
be overcome in delivering educational services in rural Alaska
and Alaska villages should be addressed through the development and implementation of innovative, model programs in
a variety of areas.
‘‘(7) Native children should be afforded the opportunity
to begin their formal education on a par with their non-Native
peers. The Federal Government should lend support to efforts
developed by and undertaken within the Alaska Native community to improve educational opportunity for all students.
‘‘SEC. 7303. PURPOSES.

20 USC 7543.

‘‘The purposes of this part are as follows:
‘‘(1) To recognize the unique educational needs of Alaska
Natives.
‘‘(2) To authorize the development of supplemental educational programs to benefit Alaska Natives.
‘‘(3) To supplement existing programs and authorities in
the area of education to further the purposes of this part.
‘‘(4) To provide direction and guidance to appropriate Federal, State and local agencies to focus resources, including
resources made available under this part, on meeting the educational needs of Alaska Natives.
‘‘SEC. 7304. PROGRAM AUTHORIZED.

20 USC 7544.

‘‘(a) GENERAL AUTHORITY.—
‘‘(1) GRANTS AND CONTRACTS.—The Secretary is authorized
to make grants to, or enter into contracts with, Alaska Native
organizations, educational entities with experience in developing or operating Alaska Native programs or programs of
instruction conducted in Alaska Native languages, cultural and
community-based organizations with experience in developing
or operating programs to benefit Alaska Natives, and consortia
of organizations and entities described in this paragraph to
carry out programs that meet the purposes of this part.
‘‘(2) PERMISSIBLE ACTIVITIES.—Activities provided through
programs carried out under this part may include the following:

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(A) The development and implementation of plans,
methods, and strategies to improve the education of Alaska
Natives.
‘‘(B) The development of curricula and educational programs that address the educational needs of Alaska Native
students, including the following:
‘‘(i) Curriculum materials that reflect the cultural
diversity or the contributions of Alaska Natives.
‘‘(ii) Instructional programs that make use of
Native Alaskan languages.
‘‘(iii) Networks that introduce successful programs,
materials, and techniques to urban and rural schools.
‘‘(C) Professional development activities for educators,
including the following:
‘‘(i) Programs to prepare teachers to address the
cultural diversity and unique needs of Alaska Native
students.
‘‘(ii) In-service programs to improve the ability of
teachers to meet the unique needs of Alaska Native
students.
‘‘(iii) Recruitment and preparation of teachers who
are Alaska Native, reside in communities with high
concentrations of Alaska Native students, or are likely
to succeed as teachers in isolated, rural communities
and engage in cross-cultural instruction in Alaska.
‘‘(D) The development and operation of home instruction programs for Alaska Native preschool children, to
ensure the active involvement of parents in their children’s
education from the earliest ages.
‘‘(E) Family literacy services.
‘‘(F) The development and operation of student enrichment programs in science and mathematics that—
‘‘(i) are designed to prepare Alaska Native students
from rural areas, who are preparing to enter secondary
school, to excel in science and math;
‘‘(ii) provide appropriate support services to the
families of such students that are needed to enable
such students to benefit from the programs; and
‘‘(iii) may include activities that recognize and support the unique cultural and educational needs of
Alaska Native children, and incorporate appropriately
qualified Alaska Native elders and seniors.
‘‘(G) Research and data collection activities to determine the educational status and needs of Alaska Native
children and adults.
‘‘(H) Other research and evaluation activities related
to programs carried out under this part.
‘‘(I) Remedial and enrichment programs to assist
Alaska Native students in performing at a high level on
standardized tests.
‘‘(J) Education and training of Alaska Native students
enrolled in a degree program that will lead to certification
or licensing as teachers.
‘‘(K) Parenting education for parents and caregivers
of Alaska Native children to improve parenting and
caregiving skills (including skills relating to discipline and

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cognitive development), including parenting education provided through in-home visitation of new mothers.
‘‘(L) Cultural education programs operated by the
Alaska Native Heritage Center and designed to share the
Alaska Native culture with students.
‘‘(M) A cultural exchange program operated by the
Alaska Humanities Forum and designed to share Alaska
Native culture with urban students in a rural setting,
which shall be known as the Rose Cultural Exchange Program.
‘‘(N) Activities carried out through Even Start programs carried out under subpart 3 of part B of title I
and Head Start programs carried out under the Head Start
Act, including the training of teachers for programs
described in this subparagraph.
‘‘(O) Other early learning and preschool programs.
‘‘(P) Dropout prevention programs such as the Cook
Inlet Tribal Council’s Partners for Success program.
‘‘(Q) An Alaska Initiative for Community Engagement
program.
‘‘(R) Career preparation activities to enable Alaska
Native children and adults to prepare for meaningful
employment, including programs providing tech-prep, mentoring, training, and apprenticeship activities.
‘‘(S) Provision of operational support and purchasing
of equipment, to develop regional vocational schools in rural
areas of Alaska, including boarding schools, for Alaska
Native students in grades 9 through 12, or at higher levels
of education, to provide the students with necessary
resources to prepare for skilled employment opportunities.
‘‘(T) Other activities, consistent with the purposes of
this part, to meet the educational needs of Alaska Native
children and adults.
‘‘(3) HOME INSTRUCTION PROGRAMS.—Home instruction programs for Alaska Native preschool children carried out under
paragraph (2)(D) may include the following:
‘‘(A) Programs for parents and their infants, from the
prenatal period of the infant through age 3.
‘‘(B) Preschool programs.
‘‘(C) Training, education, and support for parents in
such areas as reading readiness, observation, story telling,
and critical thinking.
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than
5 percent of funds provided to a grantee under this section for
any fiscal year may be used for administrative purposes.
‘‘(c) PRIORITIES.—In awarding grants or contracts to carry out
activities described in subsection (a)(2), except for activities listed
in subsection (d)(2), the Secretary shall give priority to applications
from Alaska Native regional nonprofit organizations, or consortia
that include at least one Alaska Native regional nonprofit organization.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section such sums as may be necessary for
fiscal year 2002 and each of the 5 succeeding fiscal years.

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‘‘(2) AVAILABILITY OF FUNDS.—Of the funds appropriated
and made available under this section for a fiscal year, the
Secretary shall make available—
‘‘(A) not less than $1,000,000 to support activities
described in subsection (a)(2)(K);
‘‘(B) not less than $1,000,000 to support activities
described in subsection (a)(2)(L);
‘‘(C) not less than $1,000,000 to support activities
described in subsection (a)(2)(M);
‘‘(D) not less than $2,000,000 to support activities
described in subsection (a)(2)(P); and
‘‘(E) not less than $2,000,000 to support activities
described in subsection (a)(2)(Q).

20 USC 7545.

‘‘SEC. 7305. ADMINISTRATIVE PROVISIONS.

‘‘(a) APPLICATION REQUIRED.—No grant may be made under
this part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an application to the Secretary in such form, in such manner, and containing
such information as the Secretary may determine necessary to
carry out the provisions of this part.
‘‘(b) APPLICATIONS.—A State educational agency or local educational agency may apply for an award under this part only
as part of a consortium involving an Alaska Native organization.
The consortium may include other eligible applicants.
‘‘(c) CONSULTATION REQUIRED.—Each applicant for an award
under this part shall provide for ongoing advice from and consultation with representatives of the Alaska Native community.
‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINATION.—Each
applicant for an award under this part shall inform each local
educational agency serving students who would participate in the
program to be carried out under the grant or contract about the
application.
20 USC 7546.

‘‘SEC. 7306. DEFINITIONS.

‘‘In this part:
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the
same meaning as the term ‘Native’ has in section 3(b) of the
Alaska Native Claims Settlement Act.
‘‘(2) ALASKA NATIVE ORGANIZATION.—The term ‘Alaska
Native organization’ means a federally recognized tribe, consortium of tribes, regional nonprofit Native association, and
another organization that—
‘‘(A) has or commits to acquire expertise in the education of Alaska Natives; and
‘‘(B) has Alaska Natives in substantive and policymaking positions within the organization.’’.
SEC. 702. CONFORMING AMENDMENTS.

20 USC 2326.

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(a) HIGHER EDUCATION ACT OF 1965.—Section 317(b) of the
Higher Education Act of 1965 (20 U.S.C. 1059d(b)) is amended—
(1) in paragraph (1), by striking ‘‘section 9308’’ and
inserting ‘‘section 7306’’; and
(2) in paragraph (3), by striking ‘‘section 9212’’ and
inserting ‘‘section 7207’’.
(b) PUBLIC LAW 88–210.—Section 116 of Public Law 88–210
(as added by section 1 of Public Law 105–332 (112 Stat. 3076))

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is amended by striking ‘‘section 9212 of the Native Hawaiian Education Act (20 U.S.C. 7912)’’ and inserting ‘‘section 7207 of the
Native Hawaiian Education Act’’.
(c) CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION
ACT OF 1998.—Section 116(a)(5) of the Carl D. Perkins Vocational
and Technical Education Act of 1998 (20 U.S.C. 2326(a)(5)) is
amended by striking ‘‘section 9212’’ and all that follows and
inserting ‘‘section 7207 of the Native Hawaiian Education Act’’.
(d) MUSEUM AND LIBRARY SERVICES ACT.—Section 261 of the
Museum and Library Services Act (20 U.S.C. 9161) is amended
by striking ‘‘section 9212 of the Native Hawaiian Education Act
(20 U.S.C. 7912)’’ and inserting ‘‘section 7207 of the Native
Hawaiian Education Act’’.
(e) ACT OF APRIL 16, 1934.—Section 5 of the Act of April
16, 1934 (commonly known as the ‘‘Johnson-O’Malley Act’’) (88
Stat. 2213; 25 U.S.C. 456) is amended by striking ‘‘section
9104(c)(4)’’ and inserting ‘‘section 7114(c)(4)’’.
(f) NATIVE AMERICAN LANGUAGES ACT.—Section 103 of the
Native American Languages Act (25 U.S.C. 2902) is amended—
(1) in paragraph (2), by striking ‘‘section 9161(4) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7881(4))’’ and inserting ‘‘section 7151(3) of the Elementary and
Secondary Education Act of 1965’’; and
(2) in paragraph (3), by striking ‘‘section 9212(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7912(1))’’ and inserting ‘‘section 7207 of the Elementary and
Secondary Education Act of 1965’’.
(g) WORKFORCE INVESTMENT ACT OF 1998.—Section 166(b)(3)
of the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)(3))
is amended by striking ‘‘paragraphs (1) and (3), respectively, of
section 9212 of the Native Hawaiian Education Act (20 U.S.C.
7912)’’ and inserting ‘‘section 7207 of the Native Hawaiian Education Act’’.
(h) ASSETS FOR INDEPENDENCE ACT.—Section 404(11) of the
Assets for Independence Act (42 U.S.C. 604 note) is amended by
striking ‘‘section 9212 of the Native Hawaiian Education Act (20
U.S.C. 7912)’’ and inserting ‘‘section 7207 of the Native Hawaiian
Education Act’’.
SEC. 703. SAVINGS PROVISIONS.

Funds appropriated for parts A, B, and C of title IX of the
Elementary and Secondary Education Act of 1965 (as in effect
on the day before the date of enactment of this Act) shall be
available for use under parts A, B, and C, respectively, of title
VII of such Act, as added by this section.

20 USC 7401
note.

TITLE VIII—IMPACT AID PROGRAM
SEC. 801. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.

(a) FOUNDATION PAYMENTS FOR PRE-1995 RECIPIENTS.—Section
8002(h)(1) (20 U.S.C. 7702(h)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘and was eligible to
receive a payment under section 2 of the Act of September
30, 1950’’ and inserting ‘‘and that filed, or has been determined
pursuant to statute to have filed a timely application, and

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met, or has been determined pursuant to statute to meet,
the eligibility requirements of section 2(a)(1)(C) of the Act of
September 30, 1950’’; and
(2) in subparagraph (B), by striking ‘‘(or if the local educational agency was not eligible to receive a payment under
such section 2 for fiscal year 1994’’ and inserting ‘‘(or if the
local educational agency did not meet, or has not been determined pursuant to statute to meet, the eligibility requirements
of section 2(a)(1)(C) of the Act of September 30, 1950 for fiscal
year 1994’’.
(b) PAYMENTS FOR 1995 RECIPIENTS.—Section 8002(h)(2) (20
U.S.C. 7702(h)(2)) is amended—
(1) in subparagraph (A), by adding at the end before the
period ‘‘, or whose application under this section for fiscal
year 1995 was determined pursuant to statute to be timely
filed for purposes of payments for subsequent fiscal years’’;
and
(2) in subparagraph (B)(ii), by striking ‘‘for each local educational agency that received a payment under this section
for fiscal year 1995’’ and inserting ‘‘for each local educational
agency described in subparagraph (A)’’.
(c) REMAINING FUNDS.—Section 8002(h)(4)(B) (20 U.S.C.
7702(h)(4)(B)) is amended—
(1) by striking ‘‘(in the same manner as percentage shares
are determined for local educational agencies under paragraph
(2)(B)(ii))’’ and inserting ‘‘(by dividing the maximum amount
that the agency is eligible to receive under subsection (b) by
the total of the maximum amounts for all such agencies)’’;
and
(2) by striking ‘‘, except that for the purpose of calculating
a local educational agency’s assessed value of the Federal property’’ and inserting ‘‘, except that, for the purpose of calculating
a local educational agency’s maximum amount under subsection
(b)’’.
(d) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL
AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section
8002 (20 U.S.C. 7702) is amended by striking subsection (j).
(e) MINIMUM PAYMENT WITH RESPECT TO LOSS OF ELIGIBILITY
OF CERTAIN LOCAL EDUCATIONAL AGENCIES.—Section 8002 (20
U.S.C. 7702) is amended by adding at the end the following:
‘‘(n) LOSS OF ELIGIBILITY.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this section, the Secretary shall make a minimum payment
to a local educational agency described in paragraph (2), for
the first fiscal year that the agency loses eligibility for assistance under this section as a result of property located within
the school district served by the agency failing to meet the
definition of Federal property under section 8013(5)(C)(iii), in
an amount equal to 90 percent of the amount received by
the agency under this section for the preceding year.
‘‘(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local educational agency described in this paragraph is an agency that—
‘‘(A) was eligible for, and received, a payment under
this section for fiscal year 2002; and
‘‘(B) beginning in fiscal year 2003 or a subsequent
fiscal year, is no longer eligible for payments under this
section as provided for in subsection (a)(1)(C) as a result

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of the transfer of the Federal property involved to a nonFederal entity.’’.
(f) APPLICATION FOR PAYMENT.—Notwithstanding any other
provision of law, the Secretary shall treat as timely filed an application under section 8002 (20 U.S.C. 7702) from Academy School
District 20, Colorado, for a payment for fiscal year 1999, and shall
process that application from funds appropriated for that section
for fiscal year 2001.
SEC. 802. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

(a) ELIGIBILITY FOR CERTAIN HEAVILY IMPACTED LOCAL EDUAGENCIES.—
(1) IN GENERAL.—Section 8003(b)(2)(C) (20 U.S.C.
7703(b)(2)(C)) is amended—
(A) in clauses (i) and (ii), by inserting after ‘‘Federal
military installation’’ each place it appears the following:
‘‘(or if the agency is a qualified local educational agency
as described in clause (iv))’’; and
(B) by adding at the end the following:
‘‘(iv) QUALIFIED LOCAL EDUCATIONAL AGENCY.—A
qualified local educational agency described in this
clause is an agency that meets the following requirements:
‘‘(I) The boundaries of the agency are the same
as island property designated by the Secretary
of the Interior to be property that is held in trust
by the Federal Government.
‘‘(II) The agency has no taxing authority.
‘‘(III) The agency received a payment under
paragraph (1) for fiscal year 2001.’’.
(2) EFFECTIVE DATE.—The Secretary shall consider an
application for a payment under section 8003(b)(2) for fiscal
year 2002 from a qualified local educational agency described
in section 8003(b)(2)(C)(iv), as added by paragraph (1), as
meeting the requirements of section 8003(b)(2)(C)(iii), and shall
provide a payment under section 8003(b)(2) for fiscal year 2002,
if the agency submits to the Secretary an application for payment under such section not later than 30 days after the
date of enactment of this Act.
(b) APPLICATIONS FOR PAYMENT.—
(1) WARNER PUBLIC SCHOOLS, MUSKOGEE COUNTY, OKLAHOMA.—Notwithstanding any other provision of law, the Secretary of Education shall treat as timely filed an application
under section 8003 (20 U.S.C. 7703) from Warner Public
Schools, Muskogee County, Oklahoma, for a payment for fiscal
year 2002, and shall process that application for payment,
if the Secretary has received the fiscal year 2002 application
not later than 30 days after the date of enactment of this
Act.
(2) PINE POINT SCHOOL, SCHOOL DISTRICT 25, MINNESOTA.—
Notwithstanding any other provision of law, the Secretary shall
treat as timely filed an application under section 8003 (20
U.S.C. 7703) from Pine Point School, School District 25, Minnesota, for a payment for fiscal year 2002, and shall process
that application for payment, if the Secretary has received

CATIONAL

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20 USC 7703
note.

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the fiscal year 2002 application not later than 30 days after
the date of enactment of this Act.

SEC. 803. CONSTRUCTION.

Section 8007(b) (20 U.S.C. 7707(b)) is amended to read as
follows:
‘‘(b) SCHOOL FACILITY EMERGENCY AND MODERNIZATION GRANTS
AUTHORIZED.—
‘‘(1) IN GENERAL.—From 60 percent of the amount appropriated for each fiscal year under section 8014(e), the
Secretary—
‘‘(A) shall award emergency grants in accordance with
this subsection to eligible local educational agencies to
enable the agencies to carry out emergency repairs of school
facilities; and
‘‘(B) shall award modernization grants in accordance
with this subsection to eligible local educational agencies
to enable the agencies to carry out the modernization of
school facilities.
‘‘(2) PRIORITY.—In approving applications from local educational agencies for emergency grants and modernization
grants under this subsection, the Secretary shall give priority
to applications in accordance with the following:
‘‘(A) The Secretary shall first give priority to applications for emergency grants from local educational agencies
that meet the requirements of paragraph (3)(A) and, among
such applications for emergency grants, shall give priority
to those applications of local educational agencies based
on the severity of the emergency, as determined by the
Secretary.
‘‘(B) The Secretary shall next give priority to applications for emergency grants from local educational agencies
that meet the requirements of subparagraph (C) or (D)
of paragraph (3) and, among such applications for emergency grants, shall give priority to those applications of
local educational agencies based on the severity of the
emergency, as determined by the Secretary.
‘‘(C) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of paragraph (3)(B) and,
among such applications for modernization grants, shall
give priority to those applications of local educational agencies based on the severity of the need for modernization,
as determined by the Secretary.
‘‘(D) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of subparagraph (C) or
(D) of paragraph (3) and, among such applications for modernization grants, shall give priority to those applications
of local educational agencies based on the severity of the
need for modernization, as determined by the Secretary.
‘‘(3) ELIGIBILITY REQUIREMENTS.—
‘‘(A) EMERGENCY GRANTS.—A local educational agency
is eligible to receive an emergency grant under paragraph
(2)(A) if—

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‘‘(i) the agency (or in the case of a local educational
agency that does not have the authority to tax or
issue bonds, the agency’s fiscal agent)—
‘‘(I) has no practical capacity to issue bonds;
‘‘(II) has minimal capacity to issue bonds and
is at not less than 75 percent of the agency’s
limit of bonded indebtedness; or
‘‘(III) does not meet the requirements of subclauses (I) and (II) but is eligible to receive funds
under section 8003(b)(2) for the fiscal year; and
‘‘(ii) the agency is eligible to receive assistance
under subsection (a) for the fiscal year and has a
school facility emergency, as determined by the Secretary, that poses a health or safety hazard to the
students and school personnel assigned to the school
facility.
‘‘(B) MODERNIZATION GRANTS.—A local educational
agency is eligible to receive a modernization grant under
paragraph (2)(C) if—
‘‘(i) the agency is eligible to receive assistance
under this title for the fiscal year;
‘‘(ii) the agency (or in the case of a local educational
agency that does not have the authority to tax or
issue bonds, the agency’s fiscal agent) meets the
requirements of subclause (I), (II), or (III) of subparagraph (A)(i); and
‘‘(iii) the agency has facility needs resulting from
the presence of the Federal Government, such as the
enrollment of federally connected children, the presence of tax-exempt Federal property, or an increase
in enrollment due to the expansion of Federal activities, housing privatization, or the acquisition of Federal
property.
‘‘(C) ADDITIONAL ELIGIBILITY FOR EMERGENCY AND MODERNIZATION GRANTS.—(i) A local educational agency is
eligible to receive an emergency grant or a modernization
grant under subparagraph (B) or (D) of paragraph (2),
respectively, if the agency meets the following requirements:
‘‘(I) The agency receives a basic support payment
under section 8003(b) for the fiscal year and the agency
meets at least one of the following requirements:
‘‘(aa) The number of children determined
under section 8003(a)(1)(C) for the agency for the
preceding school year constituted at least 40 percent of the total student enrollment in the schools
of the agency during the preceding school year.
‘‘(bb) The number of children determined
under subparagraphs (B) and (D)(i) of section
8003(a)(1) for the agency for the preceding school
year constituted at least 40 percent of the total
student enrollment in the schools of the agency
during the preceding school year.
‘‘(II) The agency (or in the case of a local educational agency that does not have the authority to
tax or issue bonds, the agency’s fiscal agent) is at

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not less than 75 percent of the agency’s limit of bonded
indebtedness.
‘‘(III) The agency has an assessed value of real
property per student that may be taxed for school
purposes that is less than the average of the assessed
value of real property per student that may be taxed
for school purposes in the State in which the local
educational agency is located.
‘‘(ii) A local educational agency is also eligible to receive
a modernization grant under this subparagraph if the
agency is eligible to receive assistance under section 8002
for the fiscal year and meets the requirements of subclauses
(II) and (III) of clause (i).
‘‘(D) SPECIAL RULE.—
‘‘(i) IN GENERAL.—Any school described in clause
(ii) that desires to receive an emergency grant or a
modernization grant under subparagraph (B) or (D)
of paragraph (2), respectively, shall, except as provided
in the following sentence, submit an application in
accordance with paragraph (6), and shall otherwise
be treated as a local educational agency for the purpose
of this subsection. The school shall submit an application for the grant to the local educational agency of
such school and the agency shall submit the application
on behalf of the school to the Secretary.
‘‘(ii) SCHOOL DESCRIBED.—A school described in
this clause is a school that meets the following requirements:
‘‘(I) The school is located within the geographic
boundaries of a local educational agency that does
not meet the applicable eligibility requirements
under subparagraph (A), (B), or (C) for a grant
under this subsection.
‘‘(II) The school meets at least one of the following requirements:
‘‘(aa) The number of children determined
under section 8003(a)(1)(C) for the school for
the preceding school year constituted at least
40 percent of the total student enrollment in
the school during the preceding school year.
‘‘(bb) The number of children determined
under subparagraphs (B) and (D)(i) of section
8003(a)(1) for the school for the preceding
school year constituted at least 40 percent of
the total student enrollment in the school
during the preceding school year.
‘‘(III) The school is located within the
geographic boundaries of a local educational
agency that meets the requirements of subclauses
(II) and (III) of subparagraph (C)(i).
‘‘(E) RULE OF CONSTRUCTION.—For purposes of
subparagraph (A)(i), a local educational agency—
‘‘(i) has no practical capacity to issue bonds if
the total assessed value of real property that may
be taxed for school purposes is less than $25,000,000;
and

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‘‘(ii) has minimal capacity to issue bonds if the
total assessed value of real property that may be taxed
for school purposes is at least $25,000,000 but not
more than $50,000,000.
‘‘(4) AWARD CRITERIA.—In awarding emergency grants and
modernization grants under this subsection, the Secretary shall
consider the following factors:
‘‘(A) The ability of the local educational agency to
respond to the emergency, or to pay for the modernization
project, as the case may be, as measured by—
‘‘(i) the agency’s level of bonded indebtedness;
‘‘(ii) the assessed value of real property per student
that may be taxed for school purposes compared to
the average of the assessed value of real property
per student that may be taxed for school purposes
in the State in which the agency is located;
‘‘(iii) the agency’s total tax rate for school purposes
(or, if applicable, for capital expenditures) compared
to the average total tax rate for school purposes (or
the average capital expenditure tax rate, if applicable)
in the State in which the agency is located; and
‘‘(iv) funds that are available to the agency, from
any other source, including subsection (a), that may
be used for capital expenditures.
‘‘(B) The percentage of property in the agency that
is nontaxable due to the presence of the Federal Government.
‘‘(C) The number and percentages of children described
in subparagraphs (A), (B), (C), and (D) of section 8003(a)(1)
served in the school facility with the emergency or served
in the school facility proposed for modernization, as the
case may be.
‘‘(D) In the case of an emergency grant, the severity
of the emergency, as measured by the threat that the
condition of the school facility poses to the health, safety,
and well-being of students.
‘‘(E) In the case of a modernization grant—
‘‘(i) the severity of the need for modernization,
as measured by such factors as—
‘‘(I) overcrowding, as evidenced by the use of
portable classrooms, or the potential for future
overcrowding because of increased enrollment; or
‘‘(II) the agency’s inability to utilize technology
or offer a curriculum in accordance with contemporary State standards due to the physical limitations of the current school facility; and
‘‘(ii) the age of the school facility proposed for
modernization.
‘‘(5) OTHER AWARD PROVISIONS.—
‘‘(A) GENERAL PROVISIONS.—
‘‘(i) LIMITATIONS ON AMOUNT OF FUNDS.—
‘‘(I) IN GENERAL.—The amount of funds provided under an emergency grant or a modernization grant awarded under this subsection to a local
educational agency that meets the requirements
of subclause (II) or (III) of paragraph (3)(A)(i) for
purposes of eligibility under subparagraph (A) or

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PUBLIC LAW 107–110—JAN. 8, 2002
(B) of paragraph (3) or that meets the requirements of clause (i) or (ii) of paragraph (3)(C) for
purposes of eligibility under such paragraph (3)(C),
or to a school that is eligible under paragraph
(3)(D)—
‘‘(aa) shall not exceed 50 percent of the
total cost of the project to be assisted under
this subsection; and
‘‘(bb) shall not exceed $4,000,000 during
any 4-year period.
‘‘(II) IN-KIND CONTRIBUTIONS.—A local educational agency may use in-kind contributions to
meet the matching requirement of subclause
(I)(aa).
‘‘(ii) PROHIBITIONS ON USE OF FUNDS.—A local educational agency may not use funds provided under
an emergency grant or modernization grant awarded
under this subsection for—
‘‘(I) a project for a school facility for which
the agency does not have full title or other interest;
‘‘(II) stadiums or other school facilities that
are primarily used for athletic contests, exhibitions, or other events for which admission is
charged to the general public; or
‘‘(III) the acquisition of real property.
‘‘(iii) SUPPLEMENT, NOT SUPPLANT.—A local educational agency shall use funds provided under an
emergency grant or modernization grant awarded
under this subsection only to supplement the amount
of funds that would, in the absence of the Federal
funds provided under the grant, be made available
from non-Federal sources to carry out emergency
repairs of school facilities or to carry out the modernization of school facilities, as the case may be, and
not to supplant such funds.
‘‘(iv) MAINTENANCE COSTS.—Nothing in this subsection shall be construed to authorize the payment
of maintenance costs in connection with any school
facility modernized in whole or in part with Federal
funds provided under this subsection.
‘‘(v) ENVIRONMENTAL SAFEGUARDS.—All projects
carried out with Federal funds provided under this
subsection shall comply with all relevant Federal,
State, and local environmental laws and regulations.
‘‘(vi) CARRY-OVER OF CERTAIN APPLICATIONS.—A
local educational agency that applies for an emergency
grant or a modernization grant under this subsection
for a fiscal year and does not receive the grant for
the fiscal year shall have the application for the grant
considered for the following fiscal year, subject to the
priority requirements of paragraph (2) and the award
criteria requirements of paragraph (4).
‘‘(B) EMERGENCY GRANTS; PROHIBITION ON USE OF
FUNDS.—A local educational agency that is awarded an
emergency grant under this subsection may not use
amounts under the grant for the complete or partial
replacement of an existing school facility unless such

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replacement is less expensive or more cost-effective than
correcting the identified emergency.
‘‘(6) APPLICATION.—A local educational agency that desires
to receive an emergency grant or a modernization grant under
this subsection shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may require. Each application
shall contain the following:
‘‘(A) A description of how the local educational agency
meets the award criteria under paragraph (4), including
the information described in clauses (i) through (iv) of
paragraph (4)(A) and subparagraphs (B) and (C) of paragraph (4).
‘‘(B) In the case of an application for an emergency
grant—
‘‘(i) a description of the school facility deficiency
that poses a health or safety hazard to the occupants
of the facility and a description of how the deficiency
will be repaired; and
‘‘(ii) a signed statement from an appropriate local
official certifying that a deficiency in the school facility
threatens the health or safety of the occupants of the
facility or that prevents the use of all or a portion
of the building.
‘‘(C) In the case of an application for a modernization
grant—
‘‘(i) an explanation of the need for the school
facility modernization project;
‘‘(ii) the date on which original construction of
the facility to be modernized was completed;
‘‘(iii) a listing of the school facilities to be modernized, including the number and percentage of children
determined under section 8003(a)(1) in average daily
attendance in each school facility; and
‘‘(iv) a description of the ownership of the property
on which the current school facility is located or on
which the planned school facility will be located.
‘‘(D) A description of the project for which a grant
under this subsection will be used, including a cost estimate
for the project.
‘‘(E) A description of the interest in, or authority over,
the school facility involved, such as an ownership interest
or a lease arrangement.
‘‘(F) Such other information and assurances as the
Secretary may reasonably require.
‘‘(7) REPORT.—
‘‘(A) IN GENERAL.—Not later than January 1 of each
year, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains a
justification for each grant awarded under this subsection
for the prior fiscal year.
‘‘(B) DEFINITION.—In this paragraph, the term ‘appropriate congressional committees’ means—
‘‘(i) the Committee on Appropriations and the Committee on Education and the Workforce of the House
of Representatives; and

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(ii) the Committee on Appropriations and the
Committee on Health, Education, Labor, and Pensions
of the Senate.’’.

SEC. 804. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE
AID.

Section 8009(b)(1) (20 U.S.C. 7709(b)(1)) is amended by
inserting after ‘‘section 8003(a)(2)(B)’’ the following: ‘‘and, with
respect to a local educational agency that receives a payment under
section 8003(b)(2), the amount in excess of the amount that the
agency would receive if the agency were deemed to be an agency
eligible to receive a payment under section 8003(b)(1) and not
section 8003(b)(2)’’.
SEC. 805. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Section 8014 (20 U.S.C. 7714) is amended
in subsections (a), (b), (c), and (f) by striking ‘‘three succeeding
fiscal years’’ each place it appears and inserting ‘‘seven succeeding
fiscal years’’.
(b) CONSTRUCTION.—Section 8014(e) (20 U.S.C. 7714(e)) is
amended by striking ‘‘for each of the three succeeding fiscal years’’
and inserting ‘‘for fiscal year 2001, $150,000,000 for fiscal year
2002, and such sums as may be necessary for each of the five
succeeding fiscal years’’.
(c) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL
AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section
8014 (20 U.S.C. 7714) is amended by striking subsection (g).

TITLE IX—GENERAL PROVISIONS
SEC. 901. GENERAL PROVISIONS.

Title IX (20 U.S.C. 7801 et seq.) is amended to read as follows:

‘‘TITLE IX—GENERAL PROVISIONS
‘‘PART A—DEFINITIONS
20 USC 7801.

‘‘SEC. 9101. DEFINITIONS.

‘‘Except as otherwise provided, in this Act:
‘‘(1) AVERAGE DAILY ATTENDANCE.—
‘‘(A) IN GENERAL.—Except as provided otherwise by
State law or this paragraph, the term ‘average daily attendance’ means—
‘‘(i) the aggregate number of days of attendance
of all students during a school year; divided by
‘‘(ii) the number of days school is in session during
that year.
‘‘(B) CONVERSION.—The Secretary shall permit the
conversion of average daily membership (or other similar
data) to average daily attendance for local educational
agencies in States that provide State aid to local educational agencies on the basis of average daily membership
(or other similar data).
‘‘(C) SPECIAL RULE.—If the local educational agency
in which a child resides makes a tuition or other payment
for the free public education of the child in a school located

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in another school district, the Secretary shall, for the purpose of this Act—
‘‘(i) consider the child to be in attendance at a
school of the agency making the payment; and
‘‘(ii) not consider the child to be in attendance
at a school of the agency receiving the payment.
‘‘(D) CHILDREN WITH DISABILITIES.—If a local educational agency makes a tuition payment to a private school
or to a public school of another local educational agency
for a child with a disability, as defined in section 602
of the Individuals with Disabilities Education Act, the Secretary shall, for the purpose of this Act, consider the child
to be in attendance at a school of the agency making
the payment.
‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘average
per-pupil expenditure’ means, in the case of a State or of
the United States—
‘‘(A) without regard to the source of funds—
‘‘(i) the aggregate current expenditures, during the
third fiscal year preceding the fiscal year for which
the determination is made (or, if satisfactory data for
that year are not available, during the most recent
preceding fiscal year for which satisfactory data are
available) of all local educational agencies in the State
or, in the case of the United States, for all States
(which, for the purpose of this paragraph, means the
50 States and the District of Columbia); plus
‘‘(ii) any direct current expenditures by the State
for the operation of those agencies; divided by
‘‘(B) the aggregate number of children in average daily
attendance to whom those agencies provided free public
education during that preceding year.
‘‘(3) BEGINNING TEACHER.—The term ‘beginning teacher’
means a teacher in a public school who has been teaching
less than a total of three complete school years.
‘‘(4) CHILD.—The term ‘child’ means any person within
the age limits for which the State provides free public education.
‘‘(5) CHILD WITH A DISABILITY.—The term ‘child with a
disability’ has the same meaning given that term in section
602 of the Individuals with Disabilities Education Act.
‘‘(6) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means a public or private nonprofit
organization of demonstrated effectiveness that—
‘‘(A) is representative of a community or significant
segments of a community; and
‘‘(B) provides educational or related services to individuals in the community.
‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The term ‘consolidated local application’ means an application submitted by
a local educational agency pursuant to section 9305.
‘‘(8) CONSOLIDATED LOCAL PLAN.—The term ‘consolidated
local plan’ means a plan submitted by a local educational agency
pursuant to section 9305.
‘‘(9) CONSOLIDATED STATE APPLICATION.—The term ‘consolidated State application’ means an application submitted by
a State educational agency pursuant to section 9302.

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(10) CONSOLIDATED STATE PLAN.—The term ‘consolidated
State plan’ means a plan submitted by a State educational
agency pursuant to section 9302.
‘‘(11) CORE ACADEMIC SUBJECTS.—The term ‘core academic
subjects’ means English, reading or language arts, mathematics, science, foreign languages, civics and government,
economics, arts, history, and geography.
‘‘(12) COUNTY.—The term ‘county’ means one of the divisions of a State used by the Secretary of Commerce in compiling
and reporting data regarding counties.
‘‘(13) COVERED PROGRAM.—The term ‘covered program’
means each of the programs authorized by—
‘‘(A) part A of title I;
‘‘(B) subpart 3 of part B of title I;
‘‘(C) part C of title I;
‘‘(D) part D of title I;
‘‘(E) part F of title I;
‘‘(F) part A of title II;
‘‘(G) part D of title II;
‘‘(H) part A of title III;
‘‘(I) part A of title IV;
‘‘(J) part B of title IV;
‘‘(K) part A of title V; and
‘‘(L) subpart 2 of part B of title VI.
‘‘(14) CURRENT EXPENDITURES.—The term ‘current expenditures’ means expenditures for free public education—
‘‘(A) including expenditures for administration, instruction, attendance and health services, pupil transportation
services, operation and maintenance of plant, fixed charges,
and net expenditures to cover deficits for food services
and student body activities; but
‘‘(B) not including expenditures for community services,
capital outlay, and debt service, or any expenditures made
from funds received under title I and part A of title V.
‘‘(15) DEPARTMENT.—The term ‘Department’ means the
Department of Education.
‘‘(16) DISTANCE LEARNING.—The term ‘distance learning’
means the transmission of educational or instructional
programming to geographically dispersed individuals and
groups via telecommunications.
‘‘(17) EDUCATIONAL SERVICE AGENCY.—The term ‘educational service agency’ means a regional public multiservice
agency authorized by State statute to develop, manage, and
provide services or programs to local educational agencies.
‘‘(18) ELEMENTARY SCHOOL.—The term ‘elementary school’
means a nonprofit institutional day or residential school,
including a public elementary charter school, that provides
elementary education, as determined under State law.
‘‘(19) EXEMPLARY TEACHER.—The term ‘exemplary teacher’
means a teacher who—
‘‘(A) is a highly qualified teacher such as a master
teacher;
‘‘(B) has been teaching for at least 5 years in a public
or private school or institution of higher education;
‘‘(C) is recommended to be an exemplary teacher by
administrators and other teachers who are knowledgeable
about the individual’s performance;

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‘‘(D) is currently teaching and based in a public school;
and
‘‘(E) assists other teachers in improving instructional
strategies, improves the skills of other teachers, performs
teacher mentoring, develops curricula, and offers other
professional development.
‘‘(20) FAMILY LITERACY SERVICES.—The term ‘family literacy
services’ means services provided to participants on a voluntary
basis that are of sufficient intensity in terms of hours, and
of sufficient duration, to make sustainable changes in a family,
and that integrate all of the following activities:
‘‘(A) Interactive literacy activities between parents and
their children.
‘‘(B) Training for parents regarding how to be the primary teacher for their children and full partners in the
education of their children.
‘‘(C) Parent literacy training that leads to economic
self-sufficiency.
‘‘(D) An age-appropriate education to prepare children
for success in school and life experiences.
‘‘(21) FREE PUBLIC EDUCATION.—The term ‘free public education’ means education that is provided—
‘‘(A) at public expense, under public supervision and
direction, and without tuition charge; and
‘‘(B) as elementary school or secondary school education
as determined under applicable State law, except that the
term does not include any education provided beyond grade
12.
‘‘(22) GIFTED AND TALENTED.—The term ‘gifted and talented’, when used with respect to students, children, or youth,
means students, children, or youth who give evidence of high
achievement capability in areas such as intellectual, creative,
artistic, or leadership capacity, or in specific academic fields,
and who need services or activities not ordinarily provided
by the school in order to fully develop those capabilities.
‘‘(23) HIGHLY QUALIFIED.—The term ‘highly qualified’—
‘‘(A) when used with respect to any public elementary
school or secondary school teacher teaching in a State,
means that—
‘‘(i) the teacher has obtained full State certification
as a teacher (including certification obtained through
alternative routes to certification) or passed the State
teacher licensing examination, and holds a license to
teach in such State, except that when used with respect
to any teacher teaching in a public charter school,
the term means that the teacher meets the requirements set forth in the State’s public charter school
law; and
‘‘(ii) the teacher has not had certification or licensure requirements waived on an emergency, temporary,
or provisional basis;
‘‘(B) when used with respect to—
‘‘(i) an elementary school teacher who is new to
the profession, means that the teacher—
‘‘(I) holds at least a bachelor’s degree; and
‘‘(II) has demonstrated, by passing a rigorous
State test, subject knowledge and teaching skills

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in reading, writing, mathematics, and other areas
of the basic elementary school curriculum (which
may consist of passing a State-required certification or licensing test or tests in reading, writing,
mathematics, and other areas of the basic
elementary school curriculum); or
‘‘(ii) a middle or secondary school teacher who is
new to the profession, means that the teacher holds
at least a bachelor’s degree and has demonstrated a
high level of competency in each of the academic subjects in which the teacher teaches by—
‘‘(I) passing a rigorous State academic subject
test in each of the academic subjects in which
the teacher teaches (which may consist of a passing
level of performance on a State-required certification or licensing test or tests in each of the
academic subjects in which the teacher teaches);
or
‘‘(II) successful completion, in each of the academic subjects in which the teacher teaches, of
an academic major, a graduate degree, coursework
equivalent to an undergraduate academic major,
or advanced certification or credentialing; and
‘‘(C) when used with respect to an elementary, middle,
or secondary school teacher who is not new to the profession, means that the teacher holds at least a bachelor’s
degree and—
‘‘(i) has met the applicable standard in clause (i)
or (ii) of subparagraph (B), which includes an option
for a test; or
‘‘(ii) demonstrates competence in all the academic
subjects in which the teacher teaches based on a high
objective uniform State standard of evaluation that—
‘‘(I) is set by the State for both grade appropriate academic subject matter knowledge and
teaching skills;
‘‘(II) is aligned with challenging State academic content and student academic achievement
standards and developed in consultation with core
content specialists, teachers, principals, and school
administrators;
‘‘(III) provides objective, coherent information
about the teacher’s attainment of core content
knowledge in the academic subjects in which a
teacher teaches;
‘‘(IV) is applied uniformly to all teachers in
the same academic subject and the same grade
level throughout the State;
‘‘(V) takes into consideration, but not be based
primarily on, the time the teacher has been
teaching in the academic subject;
‘‘(VI) is made available to the public upon
request; and
‘‘(VII) may involve multiple, objective measures of teacher competency.

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‘‘(24) INSTITUTION OF HIGHER EDUCATION.—The term
‘institution of higher education’ has the meaning given that
term in section 101(a) of the Higher Education Act of 1965.
‘‘(25) LIMITED ENGLISH PROFICIENT.—The term ‘limited
English proficient’, when used with respect to an individual,
means an individual—
‘‘(A) who is aged 3 through 21;
‘‘(B) who is enrolled or preparing to enroll in an
elementary school or secondary school;
‘‘(C)(i) who was not born in the United States or whose
native language is a language other than English;
‘‘(ii)(I) who is a Native American or Alaska Native,
or a native resident of the outlying areas; and
‘‘(II) who comes from an environment where a language
other than English has had a significant impact on the
individual’s level of English language proficiency; or
‘‘(iii) who is migratory, whose native language is a
language other than English, and who comes from an
environment where a language other than English is dominant; and
‘‘(D) whose difficulties in speaking, reading, writing,
or understanding the English language may be sufficient
to deny the individual—
‘‘(i) the ability to meet the State’s proficient level
of achievement on State assessments described in section 1111(b)(3);
‘‘(ii) the ability to successfully achieve in classrooms where the language of instruction is English;
or
‘‘(iii) the opportunity to participate fully in society.
‘‘(26) LOCAL EDUCATIONAL AGENCY.—
‘‘(A) IN GENERAL.—The term ‘local educational agency’
means a public board of education or other public authority
legally constituted within a State for either administrative
control or direction of, or to perform a service function
for, public elementary schools or secondary schools in a
city, county, township, school district, or other political
subdivision of a State, or of or for a combination of school
districts or counties that is recognized in a State as an
administrative agency for its public elementary schools or
secondary schools.
‘‘(B) ADMINISTRATIVE CONTROL AND DIRECTION.—The
term includes any other public institution or agency having
administrative control and direction of a public elementary
school or secondary school.
‘‘(C) BIA SCHOOLS.—The term includes an elementary
school or secondary school funded by the Bureau of Indian
Affairs but only to the extent that including the school
makes the school eligible for programs for which specific
eligibility is not provided to the school in another provision
of law and the school does not have a student population
that is smaller than the student population of the local
educational agency receiving assistance under this Act with
the smallest student population, except that the school
shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs.

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‘‘(D) EDUCATIONAL SERVICE AGENCIES.—The term
includes educational service agencies and consortia of those
agencies.
‘‘(E) STATE EDUCATIONAL AGENCY.—The term includes
the State educational agency in a State in which the State
educational agency is the sole educational agency for all
public schools.
‘‘(27) MENTORING.—The term ‘mentoring’, except when used
to refer to teacher mentoring, means a process by which a
responsible adult, postsecondary student, or secondary school
student works with a child to provide a positive role model
for the child, to establish a supportive relationship with the
child, and to provide the child with academic assistance and
exposure to new experiences and examples of opportunity that
enhance the ability of the child to become a responsible adult.
‘‘(28) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—
The terms ‘Native American’ and ‘Native American language’
have the same meaning given those terms in section 103 of
the Native American Languages Act of 1990.
‘‘(29) OTHER STAFF.—The term ‘other staff’ means pupil
services personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and
administrative personnel.
‘‘(30) OUTLYING AREA.—The term ‘outlying area’ means the
United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands, and for
the purpose of section 1121(b) and any other discretionary
grant program under this Act, includes the freely associated
states of the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau until an agreement for the extension of United States education assistance
under the Compact of Free Association for each of the freely
associated states becomes effective after the date of enactment
of the No Child Left Behind Act of 2001.
‘‘(31) PARENT.—The term ‘parent’ includes a legal guardian
or other person standing in loco parentis (such as a grandparent
or stepparent with whom the child lives, or a person who
is legally responsible for the child’s welfare).
‘‘(32) PARENTAL INVOLVEMENT.—The term ‘parental involvement’ means the participation of parents in regular, two-way,
and meaningful communication involving student academic
learning and other school activities, including ensuring—
‘‘(A) that parents play an integral role in assisting
their child’s learning;
‘‘(B) that parents are encouraged to be actively involved
in their child’s education at school;
‘‘(C) that parents are full partners in their child’s education and are included, as appropriate, in decisionmaking
and on advisory committees to assist in the education of
their child;
‘‘(D) the carrying out of other activities, such as those
described in section 1118.
‘‘(33) POVERTY LINE.—The term ‘poverty line’ means the
poverty line (as defined by the Office of Management and
Budget and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act) applicable to a
family of the size involved.

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‘‘(34) PROFESSIONAL DEVELOPMENT.—The term ‘professional
development’—
‘‘(A) includes activities that—
‘‘(i) improve and increase teachers’ knowledge of
the academic subjects the teachers teach, and enable
teachers to become highly qualified;
‘‘(ii) are an integral part of broad schoolwide and
districtwide educational improvement plans;
‘‘(iii) give teachers, principals, and administrators
the knowledge and skills to provide students with the
opportunity to meet challenging State academic content
standards and student academic achievement standards;
‘‘(iv) improve classroom management skills;
‘‘(v)(I) are high quality, sustained, intensive, and
classroom-focused in order to have a positive and
lasting impact on classroom instruction and the
teacher’s performance in the classroom; and
‘‘(II) are not 1-day or short-term workshops or
conferences;
‘‘(vi) support the recruiting, hiring, and training
of highly qualified teachers, including teachers who
became highly qualified through State and local alternative routes to certification;
‘‘(vii) advance teacher understanding of effective
instructional strategies that are—
‘‘(I) based on scientifically based research
(except that this subclause shall not apply to activities carried out under part D of title II); and
‘‘(II) strategies for improving student academic
achievement or substantially increasing the knowledge and teaching skills of teachers; and
‘‘(viii) are aligned with and directly related to—
‘‘(I) State academic content standards, student
academic achievement standards, and assessments; and
‘‘(II) the curricula and programs tied to the
standards described in subclause (I) except that
this subclause shall not apply to activities
described in clauses (ii) and (iii) of section
2123(3)(B);
‘‘(ix) are developed with extensive participation of
teachers, principals, parents, and administrators of
schools to be served under this Act;
‘‘(x) are designed to give teachers of limited English
proficient children, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support
services to those children, including the appropriate
use of curricula and assessments;
‘‘(xi) to the extent appropriate, provide training
for teachers and principals in the use of technology
so that technology and technology applications are
effectively used in the classroom to improve teaching
and learning in the curricula and core academic subjects in which the teachers teach;

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‘‘(xii) as a whole, are regularly evaluated for their
impact on increased teacher effectiveness and improved
student academic achievement, with the findings of
the evaluations used to improve the quality of professional development;
‘‘(xiii) provide instruction in methods of teaching
children with special needs;
‘‘(xiv) include instruction in the use of data and
assessments to inform and instruct classroom practice;
and
‘‘(xv) include instruction in ways that teachers,
principals, pupil services personnel, and school
administrators may work more effectively with parents;
and
‘‘(B) may include activities that—
‘‘(i) involve the forming of partnerships with
institutions of higher education to establish schoolbased teacher training programs that provide prospective teachers and beginning teachers with an opportunity to work under the guidance of experienced
teachers and college faculty;
‘‘(ii) create programs to enable paraprofessionals
(assisting teachers employed by a local educational
agency receiving assistance under part A of title I)
to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; and
‘‘(iii) provide follow-up training to teachers who
have participated in activities described in subparagraph (A) or another clause of this subparagraph that
are designed to ensure that the knowledge and skills
learned by the teachers are implemented in the classroom.
‘‘(35) PUBLIC TELECOMMUNICATIONS ENTITY.—The term
‘public telecommunications entity’ has the meaning given that
term in section 397(12) of the Communications Act of 1934.
‘‘(36) PUPIL SERVICES PERSONNEL; PUPIL SERVICES.—
‘‘(A) PUPIL SERVICES PERSONNEL.—The term ‘pupil services personnel’ means school counselors, school social
workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term
is defined in section 602 of the Individuals with Disabilities
Education Act) as part of a comprehensive program to
meet student needs.
‘‘(B) PUPIL SERVICES.—The term ‘pupil services’ means
the services provided by pupil services personnel.
‘‘(37) SCIENTIFICALLY BASED RESEARCH.—The term ‘scientifically based research’—
‘‘(A) means research that involves the application of
rigorous, systematic, and objective procedures to obtain
reliable and valid knowledge relevant to education activities and programs; and
‘‘(B) includes research that—
‘‘(i) employs systematic, empirical methods that
draw on observation or experiment;

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‘‘(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the
general conclusions drawn;
‘‘(iii) relies on measurements or observational
methods that provide reliable and valid data across
evaluators and observers, across multiple measurements and observations, and across studies by the
same or different investigators;
‘‘(iv) is evaluated using experimental or quasiexperimental designs in which individuals, entities,
programs, or activities are assigned to different conditions and with appropriate controls to evaluate the
effects of the condition of interest, with a preference
for random-assignment experiments, or other designs
to the extent that those designs contain within-condition or across-condition controls;
‘‘(v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to
build systematically on their findings; and
‘‘(vi) has been accepted by a peer-reviewed journal
or approved by a panel of independent experts through
a comparably rigorous, objective, and scientific review.
‘‘(38) SECONDARY SCHOOL.—The term ‘secondary school’
means a nonprofit institutional day or residential school,
including a public secondary charter school, that provides secondary education, as determined under State law, except that
the term does not include any education beyond grade 12.
‘‘(39) SECRETARY.—The term ‘Secretary’ means the Secretary of Education.
STATE.—The term ‘State’ means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
‘‘(41) STATE EDUCATIONAL AGENCY.—The term ‘State educational agency’ means the agency primarily responsible for
the State supervision of public elementary schools and secondary schools.
‘‘(42) TEACHER MENTORING.—The term ‘teacher mentoring’
means activities that—
‘‘(A) consist of structured guidance and regular and
ongoing support for teachers, especially beginning teachers,
that—
‘‘(i) are designed to help the teachers continue
to improve their practice of teaching and to develop
their instructional skills; and
part of an ongoing developmental induction
process—
‘‘(I) involve the assistance of an exemplary
teacher and other appropriate individuals from a
school, local educational agency, or institution of
higher education; and
‘‘(II) may include coaching, classroom observation, team teaching, and reduced teaching loads;
and
‘‘(B) may include the establishment of a partnership
by a local educational agency with an institution of higher

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education, another local educational agency, a teacher
organization, or another organization.
‘‘(43) TECHNOLOGY.—The term ‘technology’ means stateof-the-art technology products and services.

20 USC 7802.

‘‘SEC. 9102. APPLICABILITY OF TITLE.

‘‘Parts B, C, D, and E of this title do not apply to title VIII
of this Act.
20 USC 7803.

‘‘SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED
SCHOOLS.

‘‘For the purpose of any competitive program under this Act—
‘‘(1) a consortium of schools operated by the Bureau of
Indian Affairs;
‘‘(2) a school operated under a contract or grant with the
Bureau of Indian Affairs in consortium with another contract
or grant school or a tribal or community organization; or
‘‘(3) a Bureau of Indian Affairs school in consortium with
an institution of higher education, a contract or grant school,
or a tribal or community organization,
shall be given the same consideration as a local educational agency.

‘‘PART B—FLEXIBILITY IN THE USE OF
ADMINISTRATIVE AND OTHER FUNDS
20 USC 7821.

‘‘SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency may consolidate the amounts specifically made available to it for State
administration under one or more of the programs under paragraph (2) if the State educational agency can demonstrate
that the majority of its resources are derived from non-Federal
sources.
‘‘(2) APPLICABILITY.—This section applies to any program
under this Act under which funds are authorized to be used
for administration, and such other programs as the Secretary
may designate.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency shall use
the amount available under this section for the administration
of the programs included in the consolidation under subsection
(a).
‘‘(2) ADDITIONAL USES.—A State educational agency may
also use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under programs included in the consolidation
under subsection (a), such as—
‘‘(A) the coordination of those programs with other
Federal and non-Federal programs;
‘‘(B) the establishment and operation of peer-review
mechanisms under this Act;
‘‘(C) the administration of this title;
‘‘(D) the dissemination of information regarding model
programs and practices;
‘‘(E) technical assistance under any program under
this Act;

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‘‘(F) State-level activities designed to carry out this
title;
‘‘(G) training personnel engaged in audit and other
monitoring activities; and
‘‘(H) implementation of the Cooperative Audit Resolution and Oversight Initiative of the Department.
‘‘(c) RECORDS.—A State educational agency that consolidates
administrative funds under this section shall not be required to
keep separate records, by individual program, to account for costs
relating to the administration of programs included in the consolidation under subsection (a).
‘‘(d) REVIEW.—To determine the effectiveness of State administration under this section, the Secretary may periodically review
the performance of State educational agencies in using consolidated
administrative funds under this section and take such steps as
the Secretary finds appropriate to ensure the effectiveness of that
administration.
‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational
agency does not use all of the funds available to the agency under
this section for administration, the agency may use those funds
during the applicable period of availability as funds available under
one or more programs included in the consolidation under subsection (a).
‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT
DEVELOPMENT.—In order to develop challenging State academic
standards and assessments, a State educational agency may consolidate the amounts described in subsection (a) for those purposes
under title I.
‘‘SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

20 USC 7822.

‘‘A State educational agency that also serves as a local educational agency shall, in its applications or plans under this Act,
describe how the agency will eliminate duplication in conducting
administrative functions.
‘‘SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

20 USC 7823.

‘‘(a) GENERAL AUTHORITY.—In accordance with regulations of
the Secretary and for any fiscal year, a local educational agency,
with the approval of its State educational agency, may consolidate
and use for the administration of one or more programs under
this Act (or such other programs as the Secretary shall designate)
not more than the percentage, established in each program, of
the total available for the local educational agency under those
programs.
‘‘(b) STATE PROCEDURES.—Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State educational
agency shall, in collaboration with local educational agencies in
the State, establish procedures for responding to requests from
local educational agencies to consolidate administrative funds under
subsection (a) and for establishing limitations on the amount of
funds under those programs that may be used for administration
on a consolidated basis.
‘‘(c) CONDITIONS.—A local educational agency that consolidates
administrative funds under this section for any fiscal year shall
not use any other funds under the programs included in the consolidation for administration for that fiscal year.
‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local educational
agency that consolidates administrative funds under this section

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may use the consolidated funds for the administration of the programs and for uses, at the school district and school levels, comparable to those described in section 9201(b)(2).
‘‘(e) RECORDS.—A local educational agency that consolidates
administrative funds under this section shall not be required to
keep separate records, by individual program, to account for costs
relating to the administration of the programs included in the
consolidation.
20 USC 7824.

‘‘SEC. 9204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE
INTERIOR FUNDS.

‘‘(a) GENERAL AUTHORITY.—
‘‘(1) TRANSFER.—The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered
programs, the Indian education programs under part A of title
VII, and the education for homeless children and youth program
under subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act, the amounts allotted to the Department of
the Interior under those programs.
‘‘(2) AGREEMENT.—
‘‘(A) IN GENERAL.—The Secretary and the Secretary
of the Interior shall enter into an agreement, consistent
with the requirements of the programs specified in paragraph (1), for the distribution and use of those program
funds under terms that the Secretary determines best meet
the purposes of those programs.
‘‘(B) CONTENTS.—The agreement shall—
‘‘(i) set forth the plans of the Secretary of the
Interior for the use of the amount transferred and
the achievement measures to assess program effectiveness, including measurable goals and objectives; and
‘‘(ii) be developed in consultation with Indian
tribes.
‘‘(b) ADMINISTRATION.—The Department of the Interior may
use not more than 1.5 percent of the funds consolidated under
this section for its costs related to the administration of the funds
transferred under this section.

‘‘PART C—COORDINATION OF PROGRAMS;
CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
20 USC 7841.

‘‘SEC. 9301. PURPOSES.

‘‘The purposes of this part are—
‘‘(1) to improve teaching and learning by encouraging
greater cross-program coordination, planning, and service
delivery;
‘‘(2) to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting;
and
‘‘(3) to enhance the integration of programs under this
Act with State and local programs.
20 USC 7842.

‘‘SEC. 9302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

‘‘(a) GENERAL AUTHORITY.—

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‘‘(1) SIMPLIFICATION.—In order to simplify application
requirements and reduce the burden for State educational agencies under this Act, the Secretary, in accordance with subsection
(b), shall establish procedures and criteria under which, after
consultation with the Governor, a State educational agency
may submit a consolidated State plan or a consolidated State
application meeting the requirements of this section for—
‘‘(A) each of the covered programs in which the State
participates; and
‘‘(B) such other programs as the Secretary may designate.
‘‘(2) CONSOLIDATED APPLICATIONS AND PLANS.—After consultation with the Governor, a State educational agency that
submits a consolidated State plan or a consolidated State
application under this section shall not be required to submit
separate State plans or applications under any of the programs
to which the consolidated State plan or consolidated State
application under this section applies.
‘‘(b) COLLABORATION.—
‘‘(1) IN GENERAL.—In establishing criteria and procedures
under this section, the Secretary shall collaborate with State
educational agencies and, as appropriate, with other State agencies, local educational agencies, public and private nonprofit
agencies, organizations, and institutions, private schools, and
representatives of parents, students, and teachers.
‘‘(2) CONTENTS.—Through the collaborative process
described in paragraph (1), the Secretary shall establish, for
each program under this Act to which this section applies,
the descriptions, information, assurances, and other material
required to be included in a consolidated State plan or consolidated State application.
‘‘(3) NECESSARY MATERIALS.—The Secretary shall require
only descriptions, information, assurances (including assurances of compliance with applicable provisions regarding
participation by private school children and teachers), and other
materials that are absolutely necessary for the consideration
of the consolidated State plan or consolidated State application.
‘‘SEC. 9303. CONSOLIDATED REPORTING.

20 USC 7843.

‘‘(a) IN GENERAL.—In order to simplify reporting requirements
and reduce reporting burdens, the Secretary shall establish procedures and criteria under which a State educational agency, in
consultation with the Governor of the State, may submit a consolidated State annual report.
‘‘(b) CONTENTS.—The report shall contain information about
the programs included in the report, including the performance
of the State under those programs, and other matters as the Secretary determines are necessary, such as monitoring activities.
‘‘(c) REPLACEMENT.—The report shall replace separate individual annual reports for the programs included in the consolidated
State annual report.
‘‘SEC.

9304.

GENERAL APPLICABILITY
AGENCY ASSURANCES.

OF

STATE

EDUCATIONAL

20 USC 7844.

‘‘(a) ASSURANCES.—A State educational agency, in consultation
with the Governor of the State, that submits a consolidated State
plan or consolidated State application under this Act, whether

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separately or under section 9302, shall have on file with the Secretary a single set of assurances, applicable to each program for
which the plan or application is submitted, that provides that—
‘‘(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
‘‘(2)(A) the control of funds provided under each such program and title to property acquired with program funds will
be in a public agency, a nonprofit private agency, institution,
or organization, or an Indian tribe, if the law authorizing
the program provides for assistance to those entities; and
‘‘(B) the public agency, nonprofit private agency, institution,
or organization, or Indian tribe will administer those funds
and property to the extent required by the authorizing law;
‘‘(3) the State will adopt and use proper methods of administering each such program, including—
‘‘(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
‘‘(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or evaluation; and
‘‘(C) the adoption of written procedures for the receipt
and resolution of complaints alleging violations of law in
the administration of the programs;
‘‘(4) the State will cooperate in carrying out any evaluation
of each such program conducted by or for the Secretary or
other Federal officials;
‘‘(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under
each such program;
‘‘(6) the State will—
‘‘(A) make reports to the Secretary as may be necessary
to enable the Secretary to perform the Secretary’s duties
under each such program; and
‘‘(B) maintain such records, provide such information
to the Secretary, and afford such access to the records
as the Secretary may find necessary to carry out the Secretary’s duties; and
‘‘(7) before the plan or application was submitted to the
Secretary, the State afforded a reasonable opportunity for public
comment on the plan or application and considered such comment.
‘‘(b) GEPA PROVISION.—Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
20 USC 7845.

‘‘SEC. 9305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

‘‘(a) GENERAL AUTHORITY.—
‘‘(1) CONSOLIDATED PLAN.—A local educational agency
receiving funds under more than one covered program may
submit plans or applications to the State educational agency
under those programs on a consolidated basis.
‘‘(2) AVAILABILITY TO GOVERNOR.—The State educational
agency shall make any consolidated local plans and applications
available to the Governor.

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‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICATIONS.—A
State educational agency that has an approved consolidated State
plan or application under section 9302 may require local educational
agencies in the State receiving funds under more than one program
included in the consolidated State plan or consolidated State
application to submit consolidated local plans or applications under
those programs, but may not require those agencies to submit
separate plans.
‘‘(c) COLLABORATION.—A State educational agency, in consultation with the Governor, shall collaborate with local educational
agencies in the State in establishing procedures for the submission
of the consolidated State plans or consolidated State applications
under this section.
‘‘(d) NECESSARY MATERIALS.—The State educational agency
shall require only descriptions, information, assurances, and other
material that are absolutely necessary for the consideration of the
local educational agency plan or application.
‘‘SEC. 9306. OTHER GENERAL ASSURANCES.

20 USC 7846.

‘‘(a) ASSURANCES.—Any applicant, other than a State educational agency that submits a plan or application under this Act,
whether separately or pursuant to section 9305, shall have on
file with the State educational agency a single set of assurances,
applicable to each program for which a plan or application is submitted, that provides that—
‘‘(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
‘‘(2)(A) the control of funds provided under each such program and title to property acquired with program funds will
be in a public agency or in a nonprofit private agency, institution, organization, or Indian tribe, if the law authorizing the
program provides for assistance to those entities; and
‘‘(B) the public agency, nonprofit private agency, institution,
or organization, or Indian tribe will administer the funds and
property to the extent required by the authorizing statutes;
‘‘(3) the applicant will adopt and use proper methods of
administering each such program, including—
‘‘(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program; and
‘‘(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or evaluation;
‘‘(4) the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary, or other Federal officials;
‘‘(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the applicant under
each such program;
‘‘(6) the applicant will—
‘‘(A) submit such reports to the State educational
agency (which shall make the reports available to the Governor) and the Secretary as the State educational agency
and Secretary may require to enable the State educational

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Reports.

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agency and the Secretary to perform their duties under
each such program; and
‘‘(B) maintain such records, provide such information,
and afford such access to the records as the State educational agency (after consultation with the Governor) or
the Secretary may reasonably require to carry out the
State educational agency’s or the Secretary’s duties; and
‘‘(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and considered such comment.
‘‘(b) GEPA PROVISION.—Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.

‘‘PART D—WAIVERS
20 USC 7861.

‘‘SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

‘‘(a) IN GENERAL.—Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act for a State educational agency, local educational agency,
Indian tribe, or school through a local educational agency, that—
‘‘(1) receives funds under a program authorized by this
Act; and
‘‘(2) requests a waiver under subsection (b).
‘‘(b) REQUEST FOR WAIVER.—
‘‘(1) IN GENERAL.—A State educational agency, local educational agency, or Indian tribe that desires a waiver shall
submit a waiver request to the Secretary that—
‘‘(A) identifies the Federal programs affected by the
requested waiver;
‘‘(B) describes which Federal statutory or regulatory
requirements are to be waived and how the waiving of
those requirements will—
‘‘(i) increase the quality of instruction for students;
and
‘‘(ii) improve the academic achievement of students;
‘‘(C) describes, for each school year, specific, measurable educational goals, in accordance with section 1111(b),
for the State educational agency and for each local educational agency, Indian tribe, or school that would be
affected by the waiver and the methods to be used to
measure annually such progress for meeting such goals
and outcomes;
‘‘(D) explains how the waiver will assist the State
educational agency and each affected local educational
agency, Indian tribe, or school in reaching those goals;
and
‘‘(E) describes how schools will continue to provide
assistance to the same populations served by programs
for which waivers are requested.
‘‘(2) ADDITIONAL INFORMATION.—Such requests—
‘‘(A) may provide for waivers of requirements applicable
to State educational agencies, local educational agencies,
Indian tribes, and schools; and
‘‘(B) shall be developed and submitted—

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‘‘(i)(I) by local educational agencies (on behalf of
those agencies and schools) to State educational agencies; and
‘‘(II) by State educational agencies (on behalf of,
and based on the requests of, local educational agencies) to the Secretary; or
‘‘(ii) by Indian tribes (on behalf of schools operated
by the tribes) to the Secretary.
‘‘(3) GENERAL REQUIREMENTS.—
‘‘(A) STATE EDUCATIONAL AGENCIES.—In the case of
a waiver request submitted by a State educational agency
acting on its own behalf, the State educational agency
shall—
‘‘(i) provide all interested local educational agencies
in the State with notice and a reasonable opportunity
to comment on the request;
‘‘(ii) submit the comments to the Secretary; and
‘‘(iii) provide notice and information to the public
regarding the waiver request in the manner in which
the applying agency customarily provides similar
notices and information to the public.
‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In the case of
a waiver request submitted by a local educational agency
that receives funds under this Act—
‘‘(i) the request shall be reviewed by the State
educational agency and be accompanied by the comments, if any, of the State educational agency; and
‘‘(ii) notice and information regarding the waiver
request shall be provided to the public by the agency
requesting the waiver in the manner in which that
agency customarily provides similar notices and
information to the public.
‘‘(c) RESTRICTIONS.—The Secretary shall not waive under this
section any statutory or regulatory requirements relating to—
‘‘(1) the allocation or distribution of funds to States, local
educational agencies, or other recipients of funds under this
Act;
‘‘(2) maintenance of effort;
‘‘(3) comparability of services;
‘‘(4) use of Federal funds to supplement, not supplant,
non-Federal funds;
‘‘(5) equitable participation of private school students and
teachers;
‘‘(6) parental participation and involvement;
‘‘(7) applicable civil rights requirements;
‘‘(8) the requirement for a charter school under subpart
1 of part B of title V;
‘‘(9) the prohibitions regarding—
‘‘(A) State aid in section 9522;
‘‘(B) use of funds for religious worship or instruction
in section 9505; and
‘‘(C) activities in section 9526; or
‘‘(10) the selection of a school attendance area or school
under subsections (a) and (b) of section 1113, except that the
Secretary may grant a waiver to allow a school attendance
area or school to participate in activities under part A of title
I if the percentage of children from low-income families in

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the school attendance area or who attend the school is not
more than 10 percentage points below the lowest percentage
of those children for any school attendance area or school
of the local educational agency that meets the requirements
of subsections (a) and (b) of section 1113.
‘‘(d) DURATION AND EXTENSION OF WAIVER.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a waiver approved by the Secretary under this section may
be for a period not to exceed 4 years.
‘‘(2) EXTENSION.—The Secretary may extend the period
described in paragraph (1) if the Secretary determines that—
‘‘(A) the waiver has been effective in enabling the State
or affected recipient to carry out the activities for which
the waiver was requested and the waiver has contributed
to improved student achievement; and
‘(B) the extension is in the public interest.
‘‘(e) REPORTS.—
‘‘(1) LOCAL WAIVER.—A local educational agency that
receives a waiver under this section shall, at the end of the
second year for which a waiver is received under this section
and each subsequent year, submit a report to the State educational agency that—
‘‘(A) describes the uses of the waiver by the agency
or by schools;
‘‘(B) describes how schools continued to provide assistance to the same populations served by the programs for
which waivers were granted; and
‘‘(C) evaluates the progress of the agency and of schools
in improving the quality of instruction or the academic
achievement of students.
‘‘(2) STATE WAIVER.—A State educational agency that
receives reports required under paragraph (1) shall annually
submit a report to the Secretary that is based on those reports
and contains such information as the Secretary may require.
‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe that receives
a waiver under this section shall annually submit a report
to the Secretary that—
‘‘(A) describes the uses of the waiver by schools operated by the tribe; and
‘‘(B) evaluates the progress of those schools in
improving the quality of instruction or the academic
achievement of students.
‘‘(4) REPORT TO CONGRESS.—Beginning in fiscal year 2002
and for each subsequent year, the Secretary shall submit to
the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report—
‘‘(A) summarizing the uses of waivers by State educational agencies, local educational agencies, Indian tribes,
and schools; and
‘‘(B) describing whether the waivers—
‘‘(i) increased the quality of instruction to students;
or
‘‘(ii) improved the academic achievement of students.
‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall terminate
a waiver under this section if the Secretary determines, after notice

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and an opportunity for a hearing, that the performance of the
State or other recipient affected by the waiver has been inadequate
to justify a continuation of the waiver or if the waiver is no longer
necessary to achieve its original purposes.
‘‘(g) PUBLICATION.—A notice of the Secretary’s decision to grant
each waiver under subsection (a) shall be published in the Federal
Register and the Secretary shall provide for the dissemination
of the notice to State educational agencies, interested parties,
including educators, parents, students, advocacy and civil rights
organizations, and the public.

Federal Register,
publication.

‘‘PART E—UNIFORM PROVISIONS
‘‘Subpart 1—Private Schools
‘‘SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND
TEACHERS.

20 USC 7881.

‘‘(a) PRIVATE SCHOOL PARTICIPATION.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
Act, to the extent consistent with the number of eligible children
in areas served by a State educational agency, local educational
agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a
program specified in subsection (b), who are enrolled in private
elementary schools and secondary schools in areas served by
such agency, consortium, or entity, the agency, consortium,
or entity shall, after timely and meaningful consultation with
appropriate private school officials provide to those children
and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that
address their needs under the program.
‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR
BENEFITS.—Educational services or other benefits, including
materials and equipment, provided under this section, shall
be secular, neutral, and nonideological.
‘‘(3) SPECIAL RULE.—Educational services and other benefits
provided under this section for private school children, teachers,
and other educational personnel shall be equitable in comparison to services and other benefits for public school children,
teachers, and other educational personnel participating in the
program and shall be provided in a timely manner.
‘‘(4) EXPENDITURES.—Expenditures for educational services
and other benefits provided under this section for eligible private school children, their teachers, and other educational personnel serving those children shall be equal, taking into account
the number and educational needs of the children to be served,
to the expenditures for participating public school children.
‘‘(5) PROVISION OF SERVICES.—An agency, consortium, or
entity described in subsection (a)(1) of this section may provide
those services directly or through contracts with public and
private agencies, organizations, and institutions.
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—This section applies to programs under—
‘‘(A) subparts 1 and 3 of part B of title I;
‘‘(B) part C of title I;
‘‘(C) part A of title II, to the extent provided in paragraph (3);

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(D) part B of title II;
‘‘(E) part D of title II;
‘‘(F) part A of title III;
‘‘(G) part A of title IV; and
‘‘(H) part B of title IV.
‘‘(2) DEFINITION.—For the purpose of this section, the term
‘eligible children’ means children eligible for services under
a program described in paragraph (1).
‘‘(3) APPLICATION.—(A) Except as provided in subparagraph
(B), this subpart, including subsection (a)(4), applies to funds
awarded to a local educational agency under part A of title
II only to the extent that the local educational agency uses
funds under that part to provide professional development to
teachers and others.
‘‘(B) Subject to subparagraph (A), the share of the local
educational agency’s subgrant under part A of title II that
is used for professional development and subject to a determination of equitable expenditures under subsection (a)(4) shall
not be less than the aggregate share of that agency’s awards
that were used for professional development for fiscal year
2001 under section 2203(1)(B) (as such section was in effect
on the day preceding the date of enactment of the No Child
Left Behind Act of 2001) and section 306 of the Department
of Education Appropriations Act, 2001.
‘‘(c) CONSULTATION.—
‘‘(1) IN GENERAL.—To ensure timely and meaningful consultation, a State educational agency, local educational agency,
educational service agency, consortium of those agencies, or
entity shall consult with appropriate private school officials
during the design and development of the programs under
this Act, 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 assessed and how the
results of the 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, teachers,
and other educational personnel and the amount of funds
available for those services; and
‘‘(F) how and when the agency, consortium, or entity
will make decisions about the delivery of services, including
a thorough consideration and analysis of the views of the
private school officials on the provision of contract services
through potential third-party providers.
‘‘(2) DISAGREEMENT.—If the agency, consortium, or entity
disagrees with the views of the private school officials on the
provision of services through a contract, the agency, consortium,
or entity shall provide to the private school officials a written
explanation of the reasons why the local educational agency
has chosen not to use a contractor.
‘‘(3) TIMING.—The consultation required by paragraph (1)
shall occur before the agency, consortium, or entity makes
any decision that affects the opportunities of eligible private
school children, teachers, and other educational personnel to

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participate in programs under this Act, and shall continue
throughout the implementation and assessment of activities
under this section.
‘‘(4) DISCUSSION REQUIRED.—The consultation required by
paragraph (1) shall include a discussion of service delivery
mechanisms that the agency, consortium, or entity could use
to provide equitable services to eligible private school children,
teachers, administrators, and other staff.
‘‘(d) PUBLIC CONTROL OF FUNDS.—
‘‘(1) IN GENERAL.—The control of funds used to provide
services under this section, and title to materials, equipment,
and property purchased with those funds, shall be in a public
agency for the uses and purposes provided in this Act, and
a public agency shall administer the funds and property.
‘‘(2) PROVISION OF SERVICES.—
‘‘(A) IN GENERAL.—The provision of services under this
section shall be provided—
‘‘(i) by employees of a public agency; or
‘‘(ii) through contract by the public agency with
an individual, association, agency, organization, or
other entity.
‘‘(B) INDEPENDENCE; PUBLIC AGENCY.—In the provision
of those services, the employee, person, association, agency,
organization, or other entity shall be independent of the
private school and of any religious organization, and the
employment or contract shall be under the control and
supervision of the public agency.
‘‘(C) COMMINGLING OF FUNDS PROHIBITED.—Funds used
to provide services under this section shall not be commingled with non-Federal funds.
‘‘SEC. 9502. STANDARDS FOR BY-PASS.

20 USC 7882.

‘‘(a) IN GENERAL.—If, by reason of any provision of law, a
State educational agency, local educational agency, educational
service agency, consortium of those agencies, or other entity is
prohibited from providing for the participation in programs of children enrolled in, or teachers or other educational personnel from,
private elementary schools and secondary schools, on an equitable
basis, or if the Secretary determines that the agency, consortium,
or entity has substantially failed or is unwilling to provide for
that participation, as required by section 9501, the Secretary shall—
‘‘(1) waive the requirements of that section for the agency,
consortium, or entity; and
‘‘(2) arrange for the provision of equitable services to those
children, teachers, or other educational personnel through
arrangements that shall be subject to the requirements of this
section and of sections 9501, 9503, and 9504.
‘‘(b) DETERMINATION.—In making the determination under subsection (a), the Secretary shall consider one or more factors,
including the quality, size, scope, and location of the program,
and the opportunity of private school children, teachers, and other
educational personnel to participate in the program.
‘‘SEC. 9503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE
SCHOOL CHILDREN.

20 USC 7883.

‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary shall
develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other

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Deadline.

Deadline.
20 USC 7884.

PUBLIC LAW 107–110—JAN. 8, 2002

individuals and organizations concerning violations of section 9501
by a State educational agency, local educational agency, educational
service agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State
educational agency for a written resolution by the State educational
agency within a reasonable period of time.
‘‘(b) APPEALS TO SECRETARY.—The resolution may be appealed
by an interested party to the Secretary not later than 30 days
after the State educational agency resolves the complaint or fails
to resolve the complaint within a reasonable period of time. The
appeal shall be accompanied by a copy of the State educational
agency’s resolution, and a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve
the appeal not later than 120 days after receipt of the appeal.
‘‘SEC. 9504. BY-PASS DETERMINATION PROCESS.

‘‘(a) REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) WRITTEN OBJECTIONS.—The Secretary shall not
take any final action under section 9502 until the State
educational agency, local educational agency, educational
service agency, consortium of those agencies, or entity
affected by the action has had an opportunity, for not
less than 45 days after receiving written notice thereof,
to submit written objections and to appear before the Secretary to show cause why that action should not be taken.
‘‘(B) PRIOR TO REDUCTION.—Pending final resolution
of any investigation or complaint that could result in a
determination under this section, the Secretary may withhold from the allocation of the affected State educational
agency or local educational agency the amount estimated
by the Secretary to be necessary to pay the cost of those
services.
‘‘(2) PETITION FOR REVIEW.—
‘‘(A) PETITION.—If the affected agency, consortium, or
entity is dissatisfied with the Secretary’s final action after
a proceeding under paragraph (1), the agency, consortium,
or entity may, within 60 days after notice of that action,
file with the United States court of appeals for the circuit
in which the State is located a petition for review of that
action.
‘‘(B) TRANSMISSION.—A copy of the petition shall be
forthwith transmitted by the clerk of the court to the
Secretary.
‘‘(C) FILING.—The Secretary, upon receipt of the copy
of the petition, shall file in the court the record of the
proceedings on which the Secretary based the action, as
provided in section 2112 of title 28, United States Code.
‘‘(3) FINDINGS OF FACT.—
‘‘(A) IN GENERAL.—The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand
the case to the Secretary to take further evidence and
the Secretary may then make new or modified findings
of fact and may modify the Secretary’s previous action,
and shall file in the court the record of the further proceedings.

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‘‘(B) NEW OR MODIFIED FINDINGS.—Any new or modified
findings of fact shall likewise be conclusive if supported
by substantial evidence.
‘‘(4) JURISDICTION.—
‘‘(A) IN GENERAL.—Upon the filing of a petition, the
court shall have jurisdiction to affirm the action of the
Secretary or to set the action aside, in whole or in part.
‘‘(B) JUDGMENT.—The judgment of the court shall be
subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in section
1254 of title 28, United States Code.
‘‘(b) DETERMINATION.—Any determination by the Secretary
under this section shall continue in effect until the Secretary determines, in consultation with that agency, consortium, or entity and
representatives of the affected private school children, teachers,
or other educational personnel, that there will no longer be any
failure or inability on the part of the agency, consortium, or entity
to meet the applicable requirements of section 9501 or any other
provision of this Act.
‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the Secretary
arranges for services pursuant to this section, the Secretary shall,
after consultation with the appropriate public and private school
officials, pay the cost of those services, including the administrative
costs of arranging for those services, from the appropriate allocation
or allocations under this Act.
‘‘(d) PRIOR DETERMINATION.—Any by-pass determination by the
Secretary under this Act as in effect on the day preceding the
date of enactment of the No Child Left Behind Act of 2001 shall
remain in effect to the extent the Secretary determines that that
determination is consistent with the purpose of this section.
‘‘SEC. 9505. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP
OR INSTRUCTION.

20 USC 7885.

‘‘Nothing contained in this Act shall be construed to authorize
the making of any payment under this Act for religious worship
or instruction.
‘‘SEC. 9506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS.

20 USC 7886.

‘‘(a) APPLICABILITY TO NONRECIPIENT PRIVATE SCHOOLS.—
Nothing in this Act shall be construed to affect any private school
that does not receive funds or services under this Act, nor shall
any student who attends a private school that does not receive
funds or services under this Act be required to participate in any
assessment referenced in this Act.
‘‘(b) APPLICABILITY TO HOME SCHOOLS.—Nothing in this Act
shall be construed to affect a home school, whether or not a home
school is treated as a home school or a private school under State
law, nor shall any student schooled at home be required to participate in any assessment referenced in this Act.
‘‘(c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CONTROL OVER NONPUBLIC SCHOOLS.—Nothing in this Act shall be
construed to permit, allow, encourage, or authorize any Federal
control over any aspect of any private, religious, or home school,
whether or not a home school is treated as a private school or
home school under State law. This section shall not be construed
to bar private, religious, or home schools from participation in
programs or services under this Act.

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‘‘(d) RULE OF CONSTRUCTION ON STATE AND LOCAL EDUAGENCY MANDATES.—Nothing in this Act shall be construed to require any State educational agency or local educational
agency that receives funds under this Act to mandate, direct, or
control the curriculum of a private or home school, regardless
or whether or not a home school is treated as a private school
under state law, nor shall any funds under this Act be used for
this purpose.

CATIONAL

‘‘Subpart 2—Other Provisions
20 USC 7901.

‘‘SEC. 9521. MAINTENANCE OF EFFORT.

‘‘(a) IN GENERAL.—A local educational agency may receive funds
under a covered program for any fiscal year only if the State
educational agency finds that either the combined fiscal effort per
student or the aggregate expenditures of the agency and the State
with respect to the provision of free public education by the agency
for the preceding fiscal year was not less than 90 percent of the
combined fiscal effort or aggregate expenditures for the second
preceding fiscal year.
‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—
‘‘(1) IN GENERAL.—The State educational agency shall
reduce the amount of the allocation of funds under a covered
program in any fiscal year in the exact proportion by which
a local educational agency fails to meet the requirement of
subsection (a) of this section by falling below 90 percent of
both the combined fiscal effort per student and aggregate
expenditures (using the measure most favorable to the local
agency).
‘‘(2) SPECIAL RULE.—No such lesser amount shall be used
for computing the effort required under subsection (a) of this
section for subsequent years.
‘‘(c) WAIVER.—The Secretary may waive the requirements of
this section if the Secretary determines that a waiver would be
equitable due to—
‘‘(1) exceptional or uncontrollable circumstances, such as
a natural disaster; or
‘‘(2) a precipitous decline in the financial resources of the
local educational agency.
20 USC 7902.

‘‘SEC. 9522. PROHIBITION REGARDING STATE AID.

‘‘A State shall not take into consideration payments under
this Act (other than under title VIII) in determining the eligibility
of any local educational agency in that State for State aid, or
the amount of State aid, with respect to free public education
of children.
20 USC 7903.

‘‘SEC. 9523. PRIVACY OF ASSESSMENT RESULTS.

‘‘Any results from an individual assessment referred to in this
Act of a student that become part of the education records of
the student shall have the protections provided in section 444
of the General Education Provisions Act.

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20 USC 7904.

‘‘SEC. 9524. SCHOOL PRAYER.

Deadline.

‘‘(a) GUIDANCE.—The Secretary shall provide and revise guidance, not later than September 1, 2002, and of every second year
thereafter, to State educational agencies, local educational agencies,
and the public on constitutionally protected prayer in public

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elementary schools and secondary schools, including making the
guidance available on the Internet. The guidance shall be reviewed,
prior to distribution, by the Office of Legal Counsel of the Department of Justice for verification that the guidance represents the
current state of the law concerning constitutionally protected prayer
in public elementary schools and secondary schools.
‘‘(b) CERTIFICATION.—As a condition of receiving funds under
this Act, a local educational agency shall certify in writing to
the State educational agency involved that no policy of the local
educational agency prevents, or otherwise denies participation in,
constitutionally protected prayer in public elementary schools and
secondary schools, as detailed in the guidance required under subsection (a). The certification shall be provided by October 1 of
each year. The State educational agency shall report to the Secretary by November 1 of each year a list of those local educational
agencies that have not filed the certification or against which complaints have been made to the State educational agency that the
local educational agencies are not in compliance with this section.
‘‘(c) ENFORCEMENT.—The Secretary is authorized and directed
to effectuate subsection (b) by issuing, and securing compliance
with, rules or orders with respect to a local educational agency
that fails to certify, or is found to have certified in bad faith,
that no policy of the local educational agency prevents, or otherwise
denies participation in, constitutionally protected prayer in public
elementary schools and secondary schools.
‘‘SEC. 9525. EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES.

‘‘(a) SHORT TITLE.—This section may be cited as the ‘Boy Scouts
of America Equal Access Act’.
‘‘(b) IN GENERAL.—
‘‘(1) EQUAL ACCESS.—Notwithstanding any other provision
of law, no public elementary school, public secondary school,
local educational agency, or State educational agency that has
a designated open forum or a limited public forum and that
receives funds made available through the Department shall
deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts
of America, or any other youth group listed in title 36 of
the United States Code (as a patriotic society), that wishes
to conduct a meeting within that designated open forum or
limited public forum, including denying such access or opportunity or discriminating for reasons based on the membership
or leadership criteria or oath of allegiance to God and country
of the Boy Scouts of America or of the youth group listed
in title 36 of the United States Code (as a patriotic society).
‘‘(2) VOLUNTARY SPONSORSHIP.—Nothing in this section
shall be construed to require any school, agency, or a school
served by an agency to sponsor any group officially affiliated
with the Boy Scouts of America, or any other youth group
listed in title 36 of the United States Code (as a patriotic
society).
‘‘(c) TERMINATION OF ASSISTANCE AND OTHER ACTION.—
‘‘(1) DEPARTMENTAL ACTION.—The Secretary is authorized
and directed to effectuate subsection (b) by issuing and securing
compliance with rules or orders with respect to a public
elementary school, public secondary school, local educational
agency, or State educational agency that receives funds made

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Boy Scouts of
America Equal
Access Act.
20 USC 7905.

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PUBLIC LAW 107–110—JAN. 8, 2002
available through the Department and that denies equal access,
or a fair opportunity to meet, or discriminates, as described
in subsection (b).
‘‘(2) PROCEDURE.—The Secretary shall issue and secure
compliance with the rules or orders, under paragraph (1),
through the Office for Civil Rights and in a manner consistent
with the procedure used by a Federal department or agency
under section 602 of the Civil Rights Act of 1964. If the public
school or agency does not comply with the rules or orders,
then notwithstanding any other provision of law, no funds
made available through the Department shall be provided to
a school that fails to comply with such rules or orders or
to any agency or school served by an agency that fails to
comply with such rules or orders.
‘‘(3) JUDICIAL REVIEW.—Any action taken by the Secretary
under paragraph (1) shall be subject to the judicial review
described in section 603 of the Civil Rights Act of 1964. Any
person aggrieved by the action may obtain that judicial review
in the manner, and to the extent, provided in section 603
of such Act.
‘‘(d) DEFINITION AND RULE.—
‘‘(1) DEFINITION.—In this section, the term ‘youth group’
means any group or organization intended to serve young people
under the age of 21.
‘‘(2) RULE.—For the purpose of this section, an elementary
school or secondary school has a limited public forum whenever
the school involved grants an offering to, or opportunity for,
one or more outside youth or community groups to meet on
school premises or in school facilities before or after the hours
during which attendance at the school is compulsory.

20 USC 7906.

‘‘SEC. 9526. GENERAL PROHIBITIONS.

‘‘(a) PROHIBITION.—None of the funds authorized under this
Act shall be used—
‘‘(1) to develop or distribute materials, or operate programs
or courses of instruction directed at youth, that are designed
to promote or encourage sexual activity, whether homosexual
or heterosexual;
‘‘(2) to distribute or to aid in the distribution by any
organization of legally obscene materials to minors on school
grounds;
‘‘(3) to provide sex education or HIV-prevention education
in schools unless that instruction is age appropriate and
includes the health benefits of abstinence; or
‘‘(4) to operate a program of contraceptive distribution in
schools.
‘‘(b) LOCAL CONTROL.—Nothing in this section shall be construed to—
‘‘(1) authorize an officer or employee of the Federal Government to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum,
and related activities;
‘‘(2) limit the application of the General Education Provisions Act;
‘‘(3) require the distribution of scientifically or medically
false or inaccurate materials or to prohibit the distribution
of scientifically or medically true or accurate materials; or

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‘‘(4) create any legally enforceable right.
‘‘SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF
FEDERAL FUNDS.

20 USC 7907.

‘‘(a) GENERAL PROHIBITION.—Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency,
or school’s curriculum, program of instruction, or allocation of State
or local resources, or mandate a State or any subdivision thereof
to spend any funds or incur any costs not paid for under this
Act.
‘‘(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwithstanding any other prohibition of Federal law, no funds provided
to the Department under this Act may be used by the Department
to endorse, approve, or sanction any curriculum designed to be
used in an elementary school or secondary school.
‘‘(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION OF STANDARDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
Federal law, no State shall be required to have academic content or student academic achievement standards approved or
certified by the Federal Government, in order to receive assistance under this Act.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to affect requirements under title I or part
A of title VI.
‘‘(d) RULE OF CONSTRUCTION ON BUILDING STANDARDS.—
Nothing in this Act shall be construed to mandate national school
building standards for a State, local educational agency, or school.
‘‘SEC. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND
STUDENT RECRUITING INFORMATION.

‘‘(a) POLICY.—
‘‘(1) ACCESS TO STUDENT RECRUITING INFORMATION.—Notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act and except as provided in paragraph (2), each
local educational agency receiving assistance under this Act
shall provide, on a request made by military recruiters or
an institution of higher education, access to secondary school
students names, addresses, and telephone listings.
‘‘(2) CONSENT.—A secondary school student or the parent
of the student may request that the student’s name, address,
and telephone listing described in paragraph (1) not be released
without prior written parental consent, and the local educational agency or private school shall notify parents of the
option to make a request and shall comply with any request.
‘‘(3) SAME ACCESS TO STUDENTS.—Each local educational
agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students
as is provided generally to post secondary educational institutions or to prospective employers of those students.
‘‘(b) NOTIFICATION.—The Secretary, in consultation with the
Secretary of Defense, shall, not later than 120 days after the date
of enactment of the No Child Left Behind Act of 2001, notify
principals, school administrators, and other educators about the
requirements of this section.
‘‘(c) EXCEPTION.—The requirements of this section do not apply
to a private secondary school that maintains a religious objection

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20 USC 7908.

Deadline.

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to service in the Armed Forces if the objection is verifiable through
the corporate or other organizational documents or materials of
that school.
‘‘(d) SPECIAL RULE.—A local educational agency prohibited by
Connecticut State law (either explicitly by statute or through statutory interpretation by the State Supreme Court or State Attorney
General) from providing military recruiters with information or
access as required by this section shall have until May 31, 2002,
to comply with that requirement.
20 USC 7909.

‘‘SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

‘‘(a) GENERAL PROHIBITION.—Notwithstanding any other provision of Federal law and except as provided in subsection (b), no
funds provided under this Act to the Secretary or to the recipient
of any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national
test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law.
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to international comparative assessments developed under the authority
of section 404(a)(6) of the National Education Statistics Act of
1994 and administered to only a representative sample of pupils
in the United States and in foreign nations.
20 USC 7910.

‘‘SEC. 9530. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION
FOR TEACHERS.

‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFICATION OF
TEACHERS.—Notwithstanding any other provision of this Act or
any other provision of law, no funds available to the Department
or otherwise available under this Act may be used for any purpose
relating to a mandatory nationwide test or certification of teachers
or education paraprofessionals, including any planning, development, implementation, or administration of such test or certification.
‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The Secretary is
prohibited from withholding funds from any State educational
agency or local educational agency if the State educational agency
or local educational agency fails to adopt a specific method of
teacher or paraprofessional certification.
20 USC 7911.

‘‘SEC. 9531. PROHIBITION ON NATIONWIDE DATABASE.

‘‘Nothing in this Act (other than section 1308(b)) shall be construed to authorize the development of a nationwide database of
personally identifiable information on individuals involved in
studies or other collections of data under this Act.
20 USC 7912.

‘‘SEC. 9532. UNSAFE SCHOOL CHOICE OPTION.

‘‘(a) UNSAFE SCHOOL CHOICE POLICY.—Each State receiving
funds under this Act shall establish and implement a statewide
policy requiring that a student attending a persistently dangerous
public elementary school or secondary school, as determined by
the State in consultation with a representative sample of local
educational agencies, or who becomes a victim of a violent criminal
offense, as determined by State law, while in or on the grounds
of a public elementary school or secondary school that the student
attends, be allowed to attend a safe public elementary school or
secondary school within the local educational agency, including
a public charter school.

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‘‘(b) CERTIFICATION.—As a condition of receiving funds under
this Act, a State shall certify in writing to the Secretary that
the State is in compliance with this section.
‘‘SEC. 9533. PROHIBITION ON DISCRIMINATION.

20 USC 7913.

‘‘Nothing in this Act shall be construed to require, authorize,
or permit, the Secretary, or a State educational agency, local educational agency, or school to grant to a student, or deny or impose
upon a student, any financial or educational benefit or burden,
in violation of the fifth or 14th amendments to the Constitution
or other law relating to discrimination in the provision of federally
funded programs or activities.
‘‘SEC. 9534. CIVIL RIGHTS.

20 USC 7914.

‘‘(a) IN GENERAL.—Nothing in this Act shall be construed to
permit discrimination on the basis of race, color, religion, sex (except
as otherwise permitted under title IX of the Education Amendments
of 1972), national origin, or disability in any program funded under
this Act.
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this Act shall be
construed to require the disruption of services to a child or the
displacement of a child enrolled in or participating in a program
administered by an eligible entity, as defined in section 1116 of
title I and part B of title V, at the commencement of the entity’s
participation in a grant under section 1116 of title I or part B
of title V.
‘‘SEC. 9535. RULEMAKING.

20 USC 7915.

‘‘The Secretary shall issue regulations under this Act only to
the extent that such regulations are necessary to ensure that there
is compliance with the specific requirements and assurances
required by this Act.
‘‘SEC. 9536. SEVERABILITY.

20 USC 7916.

‘‘If any provision of this Act is held invalid, the remainder
of this Act shall be unaffected thereby.

‘‘PART F—EVALUATIONS
‘‘SEC. 9601. EVALUATIONS.

20 USC 7941.

‘‘(a) RESERVATION OF FUNDS.—Except as provided in subsections
(b) and (c), the Secretary may reserve not more than 0.5 percent
of the amount appropriated to carry out each categorical program
and demonstration project authorized under this Act—
‘‘(1) to conduct—
‘‘(A) comprehensive evaluations of the program or
project; and
‘‘(B) studies of the effectiveness of the program or
project and its administrative impact on schools and local
educational agencies;
‘‘(2) to evaluate the aggregate short- and long-term effects
and cost efficiencies across Federal programs assisted or authorized under this Act and related Federal preschool, elementary,
and secondary programs under any other Federal law; and
‘‘(3) to increase the usefulness of evaluations of grant recipients in order to ensure the continuous progress of the program
or project by improving the quality, timeliness, efficiency, and

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PUBLIC LAW 107–110—JAN. 8, 2002

use of information relating to performance under the program
or project.
‘‘(b) TITLES I AND III EXCLUDED.—The Secretary may not
reserve under subsection (a) funds appropriated to carry out any
program authorized under title I or title III.
‘‘(c) EVALUATION ACTIVITIES AUTHORIZED ELSEWHERE.—If,
under any other provision of this Act (other than title I), funds
are authorized to be reserved or used for evaluation activities
with respect to a program or project, the Secretary may not reserve
additional funds under this section for the evaluation of that program or project.’’.

TITLE X—REPEALS, REDESIGNATIONS,
AND AMENDMENTS TO OTHER STATUTES
PART A—REPEALS
SEC. 1011. REPEALS.

The following provisions of law are repealed:
(1) Part G of title XV of the Higher Education Amendments
of 1992 (20 U.S.C. 1070a–11 note), relating to the Advanced
Placement fee payment program.
(2) Part B of title VIII of the Higher Education Amendments of 1998 (20 U.S.C. 1070a–11 note), relating to the
Advanced Placement incentive program.
(3) Part F of the General Education Provisions Act (20
U.S.C. 1235 et seq.), relating to Ready to Learn Television.
(4) The following provisions of the Goals 2000: Educate
America Act (20 U.S.C. 5801 et seq.):
(A) Parts A and C of title II (20 U.S.C. 5821 et seq.,
5871), relating to the National Education Goals Panel.
(B) Title VI (20 U.S.C. 5951), relating to the International Education Program.
(5) The following provisions of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.):
(A) Titles X through XII (20 U.S.C. 8001 et seq.).
(B) Sections 13001 and 13002 (20 U.S.C. 8601, 8602).
(C) Title XIV (20 U.S.C. 8801 et seq.).
(6) The Troops-to-Teachers Program Act of 1999 (20 U.S.C.
9301 et seq.).
SEC. 1012. CONFORMING CLERICAL AND TECHNICAL AMENDMENTS.

The table of contents in section 1(b) of the Goals 2000: Educate
America Act (20 U.S.C. 5801 note) is amended by striking the
items relating to the following provisions:
(1) Parts A and C of title II (including the items relating
to sections within those parts).
(2) Sections 231, 232, 234, and 235.
(3) Titles III through VI (including the items relating to
sections within those titles).

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115 STAT. 1987

PART B—REDESIGNATIONS
SEC. 1021. COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.

(a) IN GENERAL.—Part A of title XIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8621 et seq.) is transferred to and redesignated as part K of the Educational Research,
Development, Dissemination, and Improvement Act of 1994.
(b) SECTIONS.—Sections 13101 through 13105 of such part are
redesignated as sections 1001 through 1005, respectively.
(c) DEFINED TERMS.—Part K of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (as
transferred and redesignated by this section) is amended by adding
at the end the following new section:

20 USC 6053–
6053d.

20 USC 6053–
6053d.
20 USC 6053e.

‘‘SEC. 1006. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101
of the Elementary and Secondary Education Act of 1965 shall
apply.’’.
SEC. 1022. NATIONAL DIFFUSION NETWORK.

(a) IN GENERAL.—Part B of title XIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8651 et seq.) is transferred to and redesignated as part L of the Educational Research,
Development, Dissemination, and Improvement Act of 1994.
(b) SECTIONS.—Sections 13201 and 13102 of such part are
redesignated as sections 1011 and 1012, respectively.
(c) DEFINED TERMS.—Part L of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (as
transferred and redesignated by this section) is amended by adding
at the end the following new section:

20 USC 6054,
6054a.

20 USC 6054,
6054a.
20 USC 6054b.

‘‘SEC. 1013. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101
of the Elementary and Secondary Education Act of 1965 shall
apply.’’.
SEC. 1023. EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION CONSORTIA.

(a) IN GENERAL.—Part C of title XIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8671 et seq.) is transferred to and redesignated as part M of the Educational Research,
Development, Dissemination, and Improvement Act of 1994.
(b) SECTIONS.—Sections 13301 through 13108 of such part are
redesignated as sections 1021 through 1028, respectively.
(c) DEFINED TERMS.—Part M of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (as
transferred and redesignated by this section) is amended by adding
at the end the following new section:

20 USC 6055–
6055g.

20 USC 6055–
6055g.
20 USC 6055h.

‘‘SEC. 1029. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101
of the Elementary and Secondary Education Act of 1965 shall
apply.’’.
SEC. 1024. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.

(a) IN GENERAL.—Part D of title XIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8701) is transferred

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20 USC 6056.

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115 STAT. 1988

20 USC 6056.
20 USC 6056a.

PUBLIC LAW 107–110—JAN. 8, 2002

to and redesignated as part N of the Educational Research, Development, Dissemination, and Improvement Act of 1994.
(b) SECTIONS.—Section 13401 of such part is redesignated as
section 1031.
(c) DEFINED TERMS.—Part N of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (as
transferred and redesignated by this section) is amended by adding
at the end the following new section:
‘‘SEC. 1032. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101
of the Elementary and Secondary Education Act of 1965 shall
apply.’’.
SEC. 1025. CONFORMING AMENDMENTS.

20 USC 6053a.

20 USC 6053,
6054.

20 USC 6055f.

20 USC 6053b.
20 USC 6053c.

20 USC 6055a.

20 USC 6055d.

20 USC 6055.

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(a) PARTS K THROUGH M.—Parts K through M of the Educational Research, Development, Dissemination, and Improvement
Act of 1994 (as transferred and redesignated by sections 1021
through 1024 of this Act) are amended as follows:
(1) Insert ‘‘of such Act’’ in—
(A) section 1002(a)(1)(A), after ‘‘title I’’; and
(B) section 1002(a)(1)(B), after ‘‘section 1114’’.
(2) Insert ‘‘of the Elementary and Secondary Education
Act of 1965 (as such Act was in effect on the day before
the date of enactment of the No Child Left Behind Act of
2001)’’ in—
(A) sections 1001(a)(2)(A) and 1011(e)(1), after ‘‘title
I’’;
(B) sections 1002(b)(1) and section 1011(g)(3)(A), after
‘‘section 1114’’; and
(C) in section 1011(e)(3), after ‘‘title III’’.
(3) In section 1011(a)(1), strike ‘‘(hereafter referred to in
this Act as ‘NDN’)’’.
(4) In subsections (c) and (g)(1) of section 1011 and in
section 1027(1)(E), strike ‘‘of the Educational Research,
Development, Dissemination, and Improvement Act of 1994’’.
(5) In subsections (a)(2)(A) and (d) of section 1011, strike
‘‘part A’’ and insert ‘‘part K’’.
(6) In sections 1002(a)(4) and 1011(e)(3), strike ‘‘part C’’
and insert ‘‘part M’’.
(7) In section 1002(a), strike ‘‘section 13101(a)’’ and insert
‘‘section 1001(a)’’.
(8) In section 1003(b)(1), strike ‘‘section 13102’’ and insert
‘‘section 1002’’.
(9) In section 1004(b)(1), strike ‘‘section 13105’’ and insert
‘‘section 1005’’.
(10) In sections 1002(a)(7) and 1003(b)(2), strike ‘‘section
13201’’ and insert ‘‘section 1011’’.
(11) In section 1022(2) and (3), strike ‘‘section 13301(a)(1)’’
and insert ‘‘section 1021(a)(1)’’.
(12) In section 1027(4), strike ‘‘section 13301’’ and insert
‘‘section 1021’’.
(13) In subsections (a) and (b) of section 1025, strike ‘‘section 13303’’ and insert ‘‘section 1023’’.
(14) In the text preceding paragraph (1) of section 1022,
strike ‘‘section 13304’’ and insert ‘‘section 1024’’.
(15) In section 1021(a)(3), strike ‘‘section 13308’’ and insert
‘‘section 1028’’.

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(16) In sections 1003(b)(2) and 1011(f)(4), strike ‘‘section
13401’’ and insert ‘‘section 1031’’.
(17) Strike ‘‘this Act’’ and insert ‘‘the Elementary and Secondary Education Act of 1965 (as such Act was in effect on
the day before the date of enactment of the No Child Left
Behind Act of 2001)’’ in—
(A) section 1001(a)(1) (the first occurrence only);
(B) paragraphs (1) through (3) of section 1001(c);
(C) paragraphs (1), (2), (6), and (8) of section 1002(a);
(D) section 1011(e); and
(E) section 1031(2).
(18) In paragraphs (1) and (2) of section 1004(b), strike
‘‘this Act’’ and insert ‘‘the Elementary and Secondary Education
Act of 1965’’.
(19) In section 1001(a)(1) (the second occurrence only) and
in section 1002(a)(1)(C), strike ‘‘this Act’’ and insert ‘‘such Act’’.
(20) Section 1011 is amended—
(A) in subsection (a)(1), by striking ‘‘In order to implement the purposes of this title, the’’ and inserting ‘‘The’’;
and
(B) in subsection (f)(5), by striking ‘‘to achieve the
purposes of this title’’.
(21) In section 1022(1), strike ‘‘, the Eisenhower National
Clearinghouse for Science and Mathematics Education established under section 2102(b)’’.
(22) In section 1026(a), strike ‘‘section 14701’’ and insert
‘‘section 9601’’.
(b) TITLE XIII HEADING.—The Elementary and Secondary Education Act of 1965 is amended by striking the heading of title
XIII.

PART C—HOMELESS EDUCATION
SEC. 1031. SHORT TITLE.

This part may be cited as the ‘‘McKinney-Vento Homeless Education Assistance Improvements Act of 2001’’.
SEC. 1032. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.

20 USC 6053b,
6054.

20 USC 6053.
20 USC 6053a.
20 USC 6056.
20 USC 6053c.

20 USC 6055a.

20 USC 6055e.

McKinney-Vento
Homeless
Education
Assistance
Improvements
Act of 2001.
42 USC 11301
note.

Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) is amended to read as follows:

‘‘Subtitle B—Education for Homeless Children and
Youths
‘‘SEC. 721. STATEMENT OF POLICY.

42 USC 11431.

‘‘The following is the policy of the Congress:
‘‘(1) Each State educational agency shall ensure that each
child of a homeless individual and each homeless youth has
equal access to the same free, appropriate public education,
including a public preschool education, as provided to other
children and youths.
‘‘(2) In any State that has a compulsory residency requirement as a component of the State’s compulsory school attendance laws or other laws, regulations, practices, or policies that
may act as a barrier to the enrollment, attendance, or success
in school of homeless children and youths, the State will review
and undertake steps to revise such laws, regulations, practices,

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PUBLIC LAW 107–110—JAN. 8, 2002
or policies to ensure that homeless children and youths are
afforded the same free, appropriate public education as provided
to other children and youths.
‘‘(3) Homelessness alone is not sufficient reason to separate
students from the mainstream school environment.
‘‘(4) Homeless children and youths should have access to
the education and other services that such children and youths
need to ensure that such children and youths have an opportunity to meet the same challenging State student academic
achievement standards to which all students are held.

42 USC 11432.

‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS.

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make
grants to States in accordance with the provisions of this section
to enable such States to carry out the activities described in subsections (d) through (g).
‘‘(b) APPLICATION.—No State may receive a grant under this
section unless the State educational agency submits an application
to the Secretary at such time, in such manner, and containing
or accompanied by such information as the Secretary may reasonably require.
‘‘(c) ALLOCATION AND RESERVATIONS.—
‘‘(1) ALLOCATION.—(A) Subject to subparagraph (B), the
Secretary is authorized to allot to each State an amount that
bears the same ratio to the amount appropriated for such
year under section 726 that remains after the Secretary
reserves funds under paragraph (2) and uses funds to carry
out section 724(d) and (h), as the amount allocated under
section 1122 of the Elementary and Secondary Education Act
of 1965 to the State for that year bears to the total amount
allocated under section 1122 of such Act to all States for that
year, except that no State shall receive less than the greater
of—
‘‘(i) $150,000;
‘‘(ii) one-fourth of 1 percent of the amount appropriated
under section 726 for that year; or
‘‘(iii) the amount such State received under this section
for fiscal year 2001.
‘‘(B) If there are insufficient funds in a fiscal year to allot
to each State the minimum amount under subparagraph (A),
the Secretary shall ratably reduce the allotments to all States
based on the proportionate share that each State received under
this subsection for the preceding fiscal year.
‘‘(2) RESERVATIONS.—(A) The Secretary is authorized to
reserve 0.1 percent of the amount appropriated for each fiscal
year under section 726 to be allocated by the Secretary among
the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands,
according to their respective need for assistance under this
subtitle, as determined by the Secretary.
‘‘(B)(i) The Secretary shall transfer 1 percent of the amount
appropriated for each fiscal year under section 726 to the
Department of the Interior for programs for Indian students
served by schools funded by the Secretary of the Interior,

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as determined under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), that are consistent
with the purposes of the programs described in this subtitle.
‘‘(ii) The Secretary and the Secretary of the Interior shall
enter into an agreement, consistent with the requirements of
this subtitle, for the distribution and use of the funds described
in clause (i) under terms that the Secretary determines best
meet the purposes of the programs described in this subtitle.
Such agreement shall set forth the plans of the Secretary
of the Interior for the use of the amounts transferred, including
appropriate goals, objectives, and milestones.
‘‘(3) STATE DEFINED.—For purposes of this subsection, the
term ‘State’ does not include the United States Virgin Islands,
Guam, American Samoa, or the Commonwealth of the Northern
Mariana Islands.
‘‘(d) ACTIVITIES.—Grants under this section shall be used for
the following:
‘‘(1) To carry out the policies set forth in section 721 in
the State.
‘‘(2) To provide activities for, and services to, homeless
children, including preschool-aged homeless children, and
youths that enable such children and youths to enroll in, attend,
and succeed in school, or, if appropriate, in preschool programs.
‘‘(3) To establish or designate an Office of Coordinator
for Education of Homeless Children and Youths in the State
educational agency in accordance with subsection (f).
‘‘(4) To prepare and carry out the State plan described
in subsection (g).
‘‘(5) To develop and implement professional development
programs for school personnel to heighten their awareness of,
and capacity to respond to, specific problems in the education
of homeless children and youths.
‘‘(e) STATE AND LOCAL SUBGRANTS.—
‘‘(1) MINIMUM DISBURSEMENTS BY STATES.—From the sums
made available each year to carry out this subtitle, the State
educational agency shall distribute not less than 75 percent
in subgrants to local educational agencies for the purposes
of carrying out section 723, except that States funded at the
minimum level set forth in subsection (c)(1) shall distribute
not less than 50 percent in subgrants to local educational
agencies for the purposes of carrying out section 723.
‘‘(2) USE BY STATE EDUCATIONAL AGENCY.—A State educational agency may use funds made available for State use
under this subtitle to conduct activities under subsection (f)
directly or through grants or contracts.
‘‘(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) and section 723(a)(2)(B)(ii), in providing a free public
education to a homeless child or youth, no State receiving
funds under this subtitle shall segregate such child or
youth in a separate school, or in a separate program within
a school, based on such child’s or youth’s status as homeless.
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A),
paragraphs (1)(J)(i) and (3) of subsection (g), section
723(a)(2), and any other provision of this subtitle relating
to the placement of homeless children or youths in schools,

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a State that has a separate school for homeless children
or youths that was operated in fiscal year 2000 in a covered
county shall be eligible to receive funds under this subtitle
for programs carried out in such school if—
‘‘(i) the school meets the requirements of subparagraph (C);
‘‘(ii) any local educational agency serving a school
that the homeless children and youths enrolled in the
separate school are eligible to attend meets the requirements of subparagraph (E); and
‘‘(iii) the State is otherwise eligible to receive funds
under this subtitle.
‘‘(C) SCHOOL REQUIREMENTS.—For the State to be
eligible under subparagraph (B) to receive funds under
this subtitle, the school described in such subparagraph
shall—
‘‘(i) provide written notice, at the time any child
or youth seeks enrollment in such school, and at least
twice annually while the child or youth is enrolled
in such school, to the parent or guardian of the child
or youth (or, in the case of an unaccompanied youth,
the youth) that—
‘‘(I) shall be signed by the parent or guardian
(or, in the case of an unaccompanied youth, the
youth);
‘‘(II) sets forth the general rights provided
under this subtitle;
‘‘(III) specifically states—
‘‘(aa) the choice of schools homeless children and youths are eligible to attend, as provided in subsection (g)(3)(A);
‘‘(bb) that no homeless child or youth is
required to attend a separate school for homeless children or youths;
‘‘(cc) that homeless children and youths
shall be provided comparable services
described in subsection (g)(4), including
transportation services, educational services,
and meals through school meals programs; and
‘‘(dd) that homeless children and youths
should not be stigmatized by school personnel;
and
‘‘(IV) provides contact information for the local
liaison for homeless children and youths and the
State Coordinator for Education of Homeless Children and Youths;
‘‘(ii)(I) provide assistance to the parent or guardian
of each homeless child or youth (or, in the case of
an unaccompanied youth, the youth) to exercise the
right to attend the parent’s or guardian’s (or youth’s)
choice of schools, as provided in subsection (g)(3)(A);
and
‘‘(II) coordinate with the local educational agency
with jurisdiction for the school selected by the parent
or guardian (or youth), to provide transportation and
other necessary services;

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‘‘(iii) ensure that the parent or guardian (or, in
the case of an unaccompanied youth, the youth) shall
receive the information required by this subparagraph
in a manner and form understandable to such parent
or guardian (or youth), including, if necessary and
to the extent feasible, in the native language of such
parent or guardian (or youth); and
‘‘(iv) demonstrate in the school’s application for
funds under this subtitle that such school—
‘‘(I) is complying with clauses (i) and (ii); and
‘‘(II) is meeting (as of the date of submission
of the application) the same Federal and State
standards, regulations, and mandates as other
public schools in the State (such as complying
with sections 1111 and 1116 of the Elementary
and Secondary Education Act of 1965 and providing a full range of education and related services, including services applicable to students with
disabilities).
‘‘(D) SCHOOL INELIGIBILITY.—A separate school
described in subparagraph (B) that fails to meet the standards, regulations, and mandates described in subparagraph
(C)(iv)(II) shall not be eligible to receive funds under this
subtitle for programs carried out in such school after the
first date of such failure.
‘‘(E) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.—For
the State to be eligible to receive the funds described in
subparagraph (B), the local educational agency described
in subparagraph (B)(ii) shall—
‘‘(i) implement a coordinated system for ensuring
that homeless children and youths—
‘‘(I) are advised of the choice of schools provided in subsection (g)(3)(A);
‘‘(II) are immediately enrolled, in accordance
with subsection (g)(3)(C), in the school selected
under subsection (g)(3)(A); and
‘‘(III) are promptly provided necessary services
described in subsection (g)(4), including transportation, to allow homeless children and youths to
exercise their choices of schools under subsection
(g)(3)(A);
‘‘(ii) document that written notice has been
provided—
‘‘(I) in accordance with subparagraph (C)(i) for
each child or youth enrolled in a separate school
under subparagraph (B); and
‘‘(II) in accordance with subsection (g)(6)(A)(v);
‘‘(iii) prohibit schools within the agency’s jurisdiction from referring homeless children or youths to,
or requiring homeless children and youths to enroll
in or attend, a separate school described in subparagraph (B);
‘‘(iv) identify and remove any barriers that exist
in schools within the agency’s jurisdiction that may
have contributed to the creation or existence of separate schools described in subparagraph (B); and

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Deadline.

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‘‘(v) not use funds received under this subtitle to
establish—
‘‘(I) new or additional separate schools for
homeless children or youths; or
‘‘(II) new or additional sites for separate
schools for homeless children or youths, other than
the sites occupied by the schools described in
subparagraph (B) in fiscal year 2000.
‘‘(F) REPORT.—
‘‘(i) PREPARATION.—The Secretary shall prepare a
report on the separate schools and local educational
agencies described in subparagraph (B) that receive
funds under this subtitle in accordance with this paragraph. The report shall contain, at a minimum,
information on—
‘‘(I) compliance with all requirements of this
paragraph;
‘‘(II) barriers to school access in the school
districts served by the local educational agencies;
and
‘‘(III) the progress the separate schools are
making in integrating homeless children and
youths into the mainstream school environment,
including the average length of student enrollment
in such schools.
‘‘(ii) COMPLIANCE WITH INFORMATION REQUESTS.—
For purposes of enabling the Secretary to prepare the
report, the separate schools and local educational agencies shall cooperate with the Secretary and the State
Coordinator for Education of Homeless Children and
Youths established in the State under subsection (d)(3),
and shall comply with any requests for information
by the Secretary and State Coordinator for such State.
‘‘(iii) SUBMISSION.—Not later than 2 years after
the date of enactment of the McKinney-Vento Homeless
Education Assistance Improvements Act of 2001, the
Secretary shall submit the report described in clause
(i) to—
‘‘(I) the President;
‘‘(II) the Committee on Education and the
Workforce of the House of Representatives; and
‘‘(III) the Committee on Health, Education,
Labor, and Pensions of the Senate.
‘‘(G) DEFINITION.—For purposes of this paragraph, the
term ‘covered county’ means—
‘‘(i) San Joaquin County, California;
‘‘(ii) Orange County, California;
‘‘(iii) San Diego County, California; and
‘‘(iv) Maricopa County, Arizona.
‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—The Coordinator for Education of Homeless Children and Youths established
in each State shall—
‘‘(1) gather reliable, valid, and comprehensive information
on the nature and extent of the problems homeless children
and youths have in gaining access to public preschool programs
and to public elementary schools and secondary schools, the
difficulties in identifying the special needs of such children

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and youths, any progress made by the State educational agency
and local educational agencies in the State in addressing such
problems and difficulties, and the success of the programs
under this subtitle in allowing homeless children and youths
to enroll in, attend, and succeed in, school;
‘‘(2) develop and carry out the State plan described in
subsection (g);
‘‘(3) collect and transmit to the Secretary, at such time
and in such manner as the Secretary may require, a report
containing such information as the Secretary determines is
necessary to assess the educational needs of homeless children
and youths within the State;
‘‘(4) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
(including agencies providing mental health services) to provide
services to homeless children, including preschool-aged homeless children, and youths, and to families of such children
and youths;
‘‘(5) in order to improve the provision of comprehensive
education and related services to homeless children and youths
and their families, coordinate and collaborate with—
‘‘(A) educators, including child development and preschool program personnel;
‘‘(B) providers of services to homeless and runaway
children and youths and homeless families (including
domestic violence agencies, shelter operators, transitional
housing facilities, runaway and homeless youth centers,
and transitional living programs for homeless youths);
‘‘(C) local educational agency liaisons designated under
subsection (g)(1)(J)(ii) for homeless children and youths;
and
‘‘(D) community organizations and groups representing
homeless children and youths and their families; and
‘‘(6) provide technical assistance to local educational agencies in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of section
722(e)(3) and paragraphs (3) through (7) of subsection (g).
‘‘(g) STATE PLAN.—
‘‘(1) IN GENERAL.—Each State shall submit to the Secretary
a plan to provide for the education of homeless children and
youths within the State. Such plan shall include the following:
‘‘(A) A description of how such children and youths
are (or will be) given the opportunity to meet the same
challenging State academic achievement standards all students are expected to meet.
‘‘(B) A description of the procedures the State educational agency will use to identify such children and
youths in the State and to assess their special needs.
‘‘(C) A description of procedures for the prompt resolution of disputes regarding the educational placement of
homeless children and youths.
‘‘(D) A description of programs for school personnel
(including principals, attendance officers, teachers, enrollment personnel, and pupil services personnel) to heighten
the awareness of such personnel of the specific needs of
runaway and homeless youths.

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(E) A description of procedures that ensure that homeless children and youths who meet the relevant eligibility
criteria are able to participate in Federal, State, or local
food programs.
‘‘(F) A description of procedures that ensure that—
‘‘(i) homeless children have equal access to the
same public preschool programs, administered by the
State agency, as provided to other children in the
State;
‘‘(ii) homeless youths and youths separated from
the public schools are identified and accorded equal
access to appropriate secondary education and support
services; and
‘‘(iii) homeless children and youths who meet the
relevant eligibility criteria are able to participate in
Federal, State, or local before- and after-school care
programs.
‘‘(G) Strategies to address problems identified in the
report provided to the Secretary under subsection (f)(3).
‘‘(H) Strategies to address other problems with respect
to the education of homeless children and youths, including
problems resulting from enrollment delays that are caused
by—
‘‘(i) immunization and medical records requirements;
‘‘(ii) residency requirements;
‘‘(iii) lack of birth certificates, school records, or
other documentation;
‘‘(iv) guardianship issues; or
‘‘(v) uniform or dress code requirements.
‘‘(I) A demonstration that the State educational agency
and local educational agencies in the State have developed,
and shall review and revise, policies to remove barriers
to the enrollment and retention of homeless children and
youths in schools in the State.
‘‘(J) Assurances that—
‘‘(i) the State educational agency and local educational agencies in the State will adopt policies and
practices to ensure that homeless children and youths
are not stigmatized or segregated on the basis of their
status as homeless;
‘‘(ii) local educational agencies will designate an
appropriate staff person, who may also be a coordinator
for other Federal programs, as a local educational
agency liaison for homeless children and youths, to
carry out the duties described in paragraph (6)(A);
and
‘‘(iii) the State and its local educational agencies
will adopt policies and practices to ensure that
transportation is provided, at the request of the parent
or guardian (or in the case of an unaccompanied youth,
the liaison), to and from the school of origin, as determined in paragraph (3)(A), in accordance with the following, as applicable:
‘‘(I) If the homeless child or youth continues
to live in the area served by the local educational
agency in which the school of origin is located,

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the child’s or youth’s transportation to and from
the school of origin shall be provided or arranged
by the local educational agency in which the school
of origin is located.
‘‘(II) If the homeless child’s or youth’s living
arrangements in the area served by the local educational agency of origin terminate and the child
or youth, though continuing his or her education
in the school of origin, begins living in an area
served by another local educational agency, the
local educational agency of origin and the local
educational agency in which the homeless child
or youth is living shall agree upon a method to
apportion the responsibility and costs for providing
the child with transportation to and from the
school of origin. If the local educational agencies
are unable to agree upon such method, the responsibility and costs for transportation shall be shared
equally.
‘‘(2) COMPLIANCE.—
‘‘(A) IN GENERAL.—Each plan adopted under this subsection shall also describe how the State will ensure that
local educational agencies in the State will comply with
the requirements of paragraphs (3) through (7).
‘‘(B) COORDINATION.—Such plan shall indicate what
technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated
under paragraph (1)(J)(ii).
‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.—
‘‘(A) IN GENERAL.—The local educational agency serving
each child or youth to be assisted under this subtitle shall,
according to the child’s or youth’s best interest—
‘‘(i) continue the child’s or youth’s education in
the school of origin for the duration of homelessness—
‘‘(I) in any case in which a family becomes
homeless between academic years or during an
academic year; or
‘‘(II) for the remainder of the academic year,
if the child or youth becomes permanently housed
during an academic year; or
‘‘(ii) enroll the child or youth in any public school
that nonhomeless students who live in the attendance
area in which the child or youth is actually living
are eligible to attend.
‘‘(B) BEST INTEREST.—In determining the best interest
of the child or youth under subparagraph (A), the local
educational agency shall—
‘‘(i) to the extent feasible, keep a homeless child
or youth in the school of origin, except when doing
so is contrary to the wishes of the child’s or youth’s
parent or guardian;
‘‘(ii) provide a written explanation, including a
statement regarding the right to appeal under subparagraph (E), to the homeless child’s or youth’s parent
or guardian, if the local educational agency sends such
child or youth to a school other than the school of

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origin or a school requested by the parent or guardian;
and
‘‘(iii) in the case of an unaccompanied youth,
ensure that the homeless liaison designated under
paragraph (1)(J)(ii) assists in placement or enrollment
decisions under this subparagraph, considers the views
of such unaccompanied youth, and provides notice to
such youth of the right to appeal under subparagraph
(E).
‘‘(C) ENROLLMENT.—(i) The school selected in accordance with this paragraph shall immediately enroll the
homeless child or youth, even if the child or youth is
unable to produce records normally required for enrollment,
such as previous academic records, medical records, proof
of residency, or other documentation.
‘‘(ii) The enrolling school shall immediately contact the
school last attended by the child or youth to obtain relevant
academic and other records.
‘‘(iii) If the child or youth needs to obtain immunizations, or immunization or medical records, the enrolling
school shall immediately refer the parent or guardian of
the child or youth to the local educational agency liaison
designated under paragraph (1)(J)(ii), who shall assist in
obtaining necessary immunizations, or immunization or
medical records, in accordance with subparagraph (D).
‘‘(D) RECORDS.—Any record ordinarily kept by the
school, including immunization or medical records, academic records, birth certificates, guardianship records, and
evaluations for special services or programs, regarding each
homeless child or youth shall be maintained—
‘‘(i) so that the records are available, in a timely
fashion, when a child or youth enters a new school
or school district; and
‘‘(ii) in a manner consistent with section 444 of
the General Education Provisions Act (20 U.S.C.
1232g).
‘‘(E) ENROLLMENT DISPUTES.—If a dispute arises over
school selection or enrollment in a school—
‘‘(i) the child or youth shall be immediately
admitted to the school in which enrollment is sought,
pending resolution of the dispute;
‘‘(ii) the parent or guardian of the child or youth
shall be provided with a written explanation of the
school’s decision regarding school selection or enrollment, including the rights of the parent, guardian,
or youth to appeal the decision;
‘‘(iii) the child, youth, parent, or guardian shall
be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out
the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving
notice of the dispute; and
‘‘(iv) in the case of an unaccompanied youth, the
homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the
dispute.

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‘‘(F) PLACEMENT CHOICE.—The choice regarding placement shall be made regardless of whether the child or
youth lives with the homeless parents or has been temporarily placed elsewhere.
‘‘(G) SCHOOL OF ORIGIN DEFINED.—In this paragraph,
the term ‘school of origin’ means the school that the child
or youth attended when permanently housed or the school
in which the child or youth was last enrolled.
‘‘(H) CONTACT INFORMATION.—Nothing in this subtitle
shall prohibit a local educational agency from requiring
a parent or guardian of a homeless child to submit contact
information.
‘‘(4) COMPARABLE SERVICES.—Each homeless child or youth
to be assisted under this subtitle shall be provided services
comparable to services offered to other students in the school
selected under paragraph (3), including the following:
‘‘(A) Transportation services.
‘‘(B) Educational services for which the child or youth
meets the eligibility criteria, such as services provided
under title I of the Elementary and Secondary Education
Act of 1965 or similar State or local programs, educational
programs for children with disabilities, and educational
programs for students with limited English proficiency.
‘‘(C) Programs in vocational and technical education.
‘‘(D) Programs for gifted and talented students.
‘‘(E) School nutrition programs.
‘‘(5) COORDINATION.—
‘‘(A) IN GENERAL.—Each local educational agency
serving homeless children and youths that receives assistance under this subtitle shall coordinate—
‘‘(i) the provision of services under this subtitle
with local social services agencies and other agencies
or programs providing services to homeless children
and youths and their families, including services and
programs funded under the Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.); and
‘‘(ii) with other local educational agencies on interdistrict issues, such as transportation or transfer of
school records.
‘‘(B) HOUSING ASSISTANCE.—If applicable, each State
educational agency and local educational agency that
receives assistance under this subtitle shall coordinate with
State and local housing agencies responsible for developing
the comprehensive housing affordability strategy described
in section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) to minimize educational
disruption for children and youths who become homeless.
‘‘(C) COORDINATION PURPOSE.—The coordination
required under subparagraphs (A) and (B) shall be designed
to—
‘‘(i) ensure that homeless children and youths have
access and reasonable proximity to available education
and related support services; and
‘‘(ii) raise the awareness of school personnel and
service providers of the effects of short-term stays in
a shelter and other challenges associated with
homelessness.

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‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.—
‘‘(A) DUTIES.—Each local educational agency liaison
for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that—
‘‘(i) homeless children and youths are identified
by school personnel and through coordination activities
with other entities and agencies;
‘‘(ii) homeless children and youths enroll in, and
have a full and equal opportunity to succeed in, schools
of that local educational agency;
‘‘(iii) homeless families, children, and youths
receive educational services for which such families,
children, and youths are eligible, including Head Start
and Even Start programs and preschool programs
administered by the local educational agency, and
referrals to health care services, dental services,
mental health services, and other appropriate services;
‘‘(iv) the parents or guardians of homeless children
and youths are informed of the educational and related
opportunities available to their children and are provided with meaningful opportunities to participate in
the education of their children;
‘‘(v) public notice of the educational rights of homeless children and youths is disseminated where such
children and youths receive services under this Act,
such as schools, family shelters, and soup kitchens;
‘‘(vi) enrollment disputes are mediated in accordance with paragraph (3)(E); and
‘‘(vii) the parent or guardian of a homeless child
or youth, and any unaccompanied youth, is fully
informed of all transportation services, including
transportation to the school of origin, as described
in paragraph (1)(J)(iii), and is assisted in accessing
transportation to the school that is selected under paragraph (3)(A).
‘‘(B) NOTICE.—State coordinators established under
subsection (d)(3) and local educational agencies shall inform
school personnel, service providers, and advocates working
with homeless families of the duties of the local educational
agency liaisons.
‘‘(C) LOCAL AND STATE COORDINATION.—Local educational agency liaisons for homeless children and youths
shall, as a part of their duties, coordinate and collaborate
with State coordinators and community and school personnel responsible for the provision of education and
related services to homeless children and youths.
‘‘(7) REVIEW AND REVISIONS.—
‘‘(A) IN GENERAL.—Each State educational agency and
local educational agency that receives assistance under this
subtitle shall review and revise any policies that may act
as barriers to the enrollment of homeless children and
youths in schools that are selected under paragraph (3).
‘‘(B) CONSIDERATION.—In reviewing and revising such
policies, consideration shall be given to issues concerning
transportation, immunization, residency, birth certificates,
school records and other documentation, and guardianship.

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‘‘(C) SPECIAL ATTENTION.—Special attention shall be
given to ensuring the enrollment and attendance of homeless children and youths who are not currently attending
school.
‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS.

42 USC 11433.

‘‘(a) GENERAL AUTHORITY.—
‘‘(1) IN GENERAL.—The State educational agency shall, in
accordance with section 722(e), and from amounts made available to such agency under section 726, make subgrants to
local educational agencies for the purpose of facilitating the
enrollment, attendance, and success in school of homeless children and youths.
‘‘(2) SERVICES.—
‘‘(A) IN GENERAL.—Services under paragraph (1)—
‘‘(i) may be provided through programs on school
grounds or at other facilities;
‘‘(ii) shall, to the maximum extent practicable, be
provided through existing programs and mechanisms
that integrate homeless children and youths with nonhomeless children and youths; and
‘‘(iii) shall be designed to expand or improve services provided as part of a school’s regular academic
program, but not to replace such services provided
under such program.
‘‘(B) SERVICES ON SCHOOL GROUNDS.—If services under
paragraph (1) are provided on school grounds, schools—
‘‘(i) may use funds under this subtitle to provide
the same services to other children and youths who
are determined by the local educational agency to be
at risk of failing in, or dropping out of, school, subject
to the requirements of clause (ii); and
‘‘(ii) except as otherwise provided in section
722(e)(3)(B), shall not provide services in settings
within a school that segregate homeless children and
youths from other children and youths, except as necessary for short periods of time—
‘‘(I) for health and safety emergencies; or
‘‘(II) to provide temporary, special, and supplementary services to meet the unique needs of
homeless children and youths.
‘‘(3) REQUIREMENT.—Services provided under this section
shall not replace the regular academic program and shall be
designed to expand upon or improve services provided as part
of the school’s regular academic program.
‘‘(b) APPLICATION.—A local educational agency that desires to
receive a subgrant under this section shall submit an application
to the State educational agency at such time, in such manner,
and containing or accompanied by such information as the State
educational agency may reasonably require. Such application shall
include the following:
‘‘(1) An assessment of the educational and related needs
of homeless children and youths in the area served by such
agency (which may be undertaken as part of needs assessments
for other disadvantaged groups).

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‘‘(2) A description of the services and programs for which
assistance is sought to address the needs identified in paragraph (1).
‘‘(3) An assurance that the local educational agency’s combined fiscal effort per student, or the aggregate expenditures
of that agency and the State with respect to the provision
of free public education by such agency for the fiscal year
preceding the fiscal year for which the determination is made,
was not less than 90 percent of such combined fiscal effort
or aggregate expenditures for the second fiscal year preceding
the fiscal year for which the determination is made.
‘‘(4) An assurance that the applicant complies with, or
will use requested funds to comply with, paragraphs (3) through
(7) of section 722(g).
‘‘(5) A description of policies and procedures, consistent
with section 722(e)(3), that the agency will implement to ensure
that activities carried out by the agency will not isolate or
stigmatize homeless children and youths.
‘‘(c) AWARDS.—
‘‘(1) IN GENERAL.—The State educational agency shall, in
accordance with the requirements of this subtitle and from
amounts made available to it under section 726, make competitive subgrants to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded
on the basis of the need of such agencies for assistance under
this subtitle and the quality of the applications submitted.
‘‘(2) NEED.—In determining need under paragraph (1), the
State educational agency may consider the number of homeless
children and youths enrolled in preschool, elementary, and
secondary schools within the area served by the local educational agency, and shall consider the needs of such children
and youths and the ability of the local educational agency
to meet such needs. The State educational agency may also
consider the following:
‘‘(A) The extent to which the proposed use of funds
will facilitate the enrollment, retention, and educational
success of homeless children and youths.
‘‘(B) The extent to which the application—
‘‘(i) reflects coordination with other local and State
agencies that serve homeless children and youths; and
‘‘(ii) describes how the applicant will meet the
requirements of section 722(g)(3).
‘‘(C) The extent to which the applicant exhibits in
the application and in current practice a commitment to
education for all homeless children and youths.
‘‘(D) Such other criteria as the State agency determines
appropriate.
‘‘(3) QUALITY.—In determining the quality of applications
under paragraph (1), the State educational agency shall consider the following:
‘‘(A) The applicant’s needs assessment under subsection
(b)(1) and the likelihood that the program presented in
the application will meet such needs.
‘‘(B) The types, intensity, and coordination of the services to be provided under the program.
‘‘(C) The involvement of parents or guardians of homeless children or youths in the education of their children.

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‘‘(D) The extent to which homeless children and youths
will be integrated within the regular education program.
‘‘(E) The quality of the applicant’s evaluation plan for
the program.
‘‘(F) The extent to which services provided under this
subtitle will be coordinated with other services available
to homeless children and youths and their families.
‘‘(G) Such other measures as the State educational
agency considers indicative of a high-quality program, such
as the extent to which the local educational agency will
provide case management or related services to unaccompanied youths.
‘‘(4) DURATION OF GRANTS.—Grants awarded under this
section shall be for terms not to exceed 3 years.
‘‘(d) AUTHORIZED ACTIVITIES.—A local educational agency may
use funds awarded under this section for activities that carry out
the purpose of this subtitle, including the following:
‘‘(1) The provision of tutoring, supplemental instruction,
and enriched educational services that are linked to the achievement of the same challenging State academic content standards
and challenging State student academic achievement standards
the State establishes for other children and youths.
‘‘(2) The provision of expedited evaluations of the strengths
and needs of homeless children and youths, including needs
and eligibility for programs and services (such as educational
programs for gifted and talented students, children with disabilities, and students with limited English proficiency, services
provided under title I of the Elementary and Secondary Education Act of 1965 or similar State or local programs, programs
in vocational and technical education, and school nutrition programs).
‘‘(3) Professional development and other activities for educators and pupil services personnel that are designed to
heighten the understanding and sensitivity of such personnel
to the needs of homeless children and youths, the rights of
such children and youths under this subtitle, and the specific
educational needs of runaway and homeless youths.
‘‘(4) The provision of referral services to homeless children
and youths for medical, dental, mental, and other health services.
‘‘(5) The provision of assistance to defray the excess cost
of transportation for students under section 722(g)(4)(A), not
otherwise provided through Federal, State, or local funding,
where necessary to enable students to attend the school selected
under section 722(g)(3).
‘‘(6) The provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for preschool-aged homeless
children.
‘‘(7) The provision of services and assistance to attract,
engage, and retain homeless children and youths, and unaccompanied youths, in public school programs and services provided
to nonhomeless children and youths.
‘‘(8) The provision for homeless children and youths of
before- and after-school, mentoring, and summer programs in
which a teacher or other qualified individual provides tutoring,
homework assistance, and supervision of educational activities.

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‘‘(9) If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to enroll homeless children and youths in school,
including birth certificates, immunization or medical records,
academic records, guardianship records, and evaluations for
special programs or services.
‘‘(10) The provision of education and training to the parents
of homeless children and youths about the rights of, and
resources available to, such children and youths.
‘‘(11) The development of coordination between schools and
agencies providing services to homeless children and youths,
as described in section 722(g)(5).
‘‘(12) The provision of pupil services (including violence
prevention counseling) and referrals for such services.
‘‘(13) Activities to address the particular needs of homeless
children and youths that may arise from domestic violence.
‘‘(14) The adaptation of space and purchase of supplies
for any nonschool facilities made available under subsection
(a)(2) to provide services under this subsection.
‘‘(15) The provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations.
‘‘(16) The provision of other extraordinary or emergency
assistance needed to enable homeless children and youths to
attend school.

42 USC 11434.

‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.

‘‘(a) REVIEW OF STATE PLANS.—In reviewing the State plan
submitted by a State educational agency under section 722(g), the
Secretary shall use a peer review process and shall evaluate
whether State laws, policies, and practices described in such plan
adequately address the problems of homeless children and youths
relating to access to education and placement as described in such
plan.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall provide support and technical assistance to a State educational agency to
assist such agency in carrying out its responsibilities under this
subtitle, if requested by the State educational agency.
‘‘(c) NOTICE.—The Secretary shall, before the next school year
that begins after the date of enactment of the McKinney-Vento
Homeless Education Assistance Improvements Act of 2001, create
and disseminate nationwide a public notice of the educational rights
of homeless children and youths and disseminate such notice to
other Federal agencies, programs, and grantees, including Head
Start grantees, Health Care for the Homeless grantees, Emergency
Food and Shelter grantees, and homeless assistance programs
administered by the Department of Housing and Urban Development.
‘‘(d) EVALUATION AND DISSEMINATION.—The Secretary shall conduct evaluation and dissemination activities of programs designed
to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under
section 726 to conduct such activities.
‘‘(e) SUBMISSION AND DISTRIBUTION.—The Secretary shall
require applications for grants under this subtitle to be submitted
to the Secretary not later than the expiration of the 60-day period
beginning on the date that funds are available for purposes of

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making such grants and shall make such grants not later than
the expiration of the 120-day period beginning on such date.
‘‘(f) DETERMINATION BY SECRETARY.—The Secretary, based on
the information received from the States and information gathered
by the Secretary under subsection (h), shall determine the extent
to which State educational agencies are ensuring that each homeless
child and homeless youth has access to a free appropriate public
education, as described in section 721(1).
‘‘(g) GUIDELINES.—The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the
date of enactment of the McKinney-Vento Homeless Education
Assistance Improvements Act of 2001, school enrollment guidelines
for States with respect to homeless children and youths. The guidelines shall describe—
‘‘(1) successful ways in which a State may assist local
educational agencies to immediately enroll homeless children
and youths in school; and
‘‘(2) how a State can review the State’s requirements
regarding immunization and medical or school records and
make such revisions to the requirements as are appropriate
and necessary in order to enroll homeless children and youths
in school immediately.
‘‘(h) INFORMATION.—
‘‘(1) IN GENERAL.—From funds appropriated under section
726, the Secretary shall, directly or through grants, contracts,
or cooperative agreements, periodically collect and disseminate
data and information regarding—
‘‘(A) the number and location of homeless children and
youths;
‘‘(B) the education and related services such children
and youths receive;
‘‘(C) the extent to which the needs of homeless children
and youths are being met; and
‘‘(D) such other data and information as the Secretary
determines to be necessary and relevant to carry out this
subtitle.
‘‘(2) COORDINATION.—The Secretary shall coordinate such
collection and dissemination with other agencies and entities
that receive assistance and administer programs under this
subtitle.
‘‘(i) REPORT.—Not later than 4 years after the date of enactment
of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, the Secretary shall prepare and submit to
the President and the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on the
status of education of homeless children and youths, which shall
include information on—
‘‘(1) the education of homeless children and youths; and
‘‘(2) the actions of the Secretary and the effectiveness of
the programs supported under this subtitle.
‘‘SEC. 725. DEFINITIONS.

Federal Register,
publication.
Deadline.

Deadline.

42 USC 11434a.

‘‘For purposes of this subtitle:
‘‘(1) The terms ‘enroll’ and ‘enrollment’ include attending
classes and participating fully in school activities.
‘‘(2) The term ‘homeless children and youths’—

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(A) means individuals who lack a fixed, regular, and
adequate nighttime residence (within the meaning of section 103(a)(1)); and
‘‘(B) includes—
‘‘(i) children and youths who are sharing the
housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in
motels, hotels, trailer parks, or camping grounds due
to the lack of alternative adequate accommodations;
are living in emergency or transitional shelters; are
abandoned in hospitals; or are awaiting foster care
placement;
‘‘(ii) children and youths who have a primary nighttime residence that is a public or private place not
designed for or ordinarily used as a regular sleeping
accommodation for human beings (within the meaning
of section 103(a)(2)(C));
‘‘(iii) children and youths who are living in cars,
parks, public spaces, abandoned buildings, substandard
housing, bus or train stations, or similar settings; and
‘‘(iv) migratory children (as such term is defined
in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the
purposes of this subtitle because the children are living
in circumstances described in clauses (i) through (iii).
‘‘(3) The terms ‘local educational agency’ and ‘State educational agency’ have the meanings given such terms in section
9101 of the Elementary and Secondary Education Act of 1965.
‘‘(4) The term ‘Secretary’ means the Secretary of Education.
‘‘(5) The term ‘State’ means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
‘‘(6) The term ‘unaccompanied youth’ includes a youth not
in the physical custody of a parent or guardian.

42 USC 11435.

‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this subtitle, there are authorized to be appropriated $70,000,000 for fiscal year 2002 and such
sums as may be necessary for each of fiscal years 2003 through
2007.’’.
SEC. 1033. CONFORMING AMENDMENT.

The table of contents of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 note) is amended so that the items
relating to subtitle B of title VII read as follows:
‘‘Subtitle B—Education for Homeless Children and Youths
‘‘Sec. 721. Statement of policy.
‘‘Sec. 722. Grants for State and local activities for the education of homeless children and youths.
‘‘Sec. 723. Local educational agency subgrants for the education of homeless children and youths.
‘‘Sec. 724. Secretarial responsibilities.
‘‘Sec. 725. Definitions.
‘‘Sec. 726. Authorization of appropriations.’’.
42 USC 11301
note.

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SEC. 1034. TECHNICAL AMENDMENT.

(a) IN GENERAL.—Section 1 of Public Law 106–400 (42 U.S.C.
11301) is amended by striking ‘‘Section 1 of ’’ and inserting ‘‘Section
101 of ’’.

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(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be deemed to be effective on the date of enactment of Public
Law 106–400.

PART D—NATIVE AMERICAN EDUCATION
IMPROVEMENT
SEC. 1041. SHORT TITLE.

This part may be cited as the ‘‘Native American Education
Improvement Act of 2001’’.
SEC. 1042. AMENDMENTS TO THE EDUCATION AMENDMENTS OF 1978.

Part B of title XI of the Education Amendments of 1978 (25
U.S.C. 2001 et seq.) is amended to read as follows:

42 USC 11301
note.

Native American
Education
Improvement Act
of 2001.
25 USC 2000
note.

25 USC 2022–
2026.

‘‘PART B—BUREAU OF INDIAN AFFAIRS
PROGRAMS
‘‘SEC. 1120. DECLARATION OF POLICY.

25 USC 2000.

‘‘Congress declares that the Federal Government has the sole
responsibility for the operation and financial support of the Bureau
of Indian Affairs funded school system that it has established
on or near Indian reservations and Indian trust lands throughout
the Nation for Indian children. It is the policy of the United States
to fulfill the Federal Government’s unique and continuing trust
relationship with and responsibility to the Indian people for the
education of Indian children and for the operation and financial
support of the Bureau of Indian Affairs-funded school system to
work in full cooperation with tribes toward the goal of ensuring
that the programs of the Bureau of Indian Affairs-funded school
system are of the highest quality and provide for the basic
elementary and secondary educational needs of Indian children,
including meeting the unique educational and cultural needs of
those children.
‘‘SEC. 1121. ACCREDITATION FOR THE BASIC EDUCATION OF INDIAN
CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.

‘‘(a) PURPOSE; DECLARATIONS OF PURPOSE.—
‘‘(1) PURPOSE.—The purpose of the accreditation required
under this section shall be to ensure that Indian students
being served by a school funded by the Bureau of Indian Affairs
are provided with educational opportunities that equal or
exceed those for all other students in the United States.
‘‘(2) DECLARATIONS OF PURPOSE.—Local school boards for
schools operated by the Bureau of Indian Affairs, in cooperation
and consultation with the appropriate tribal governing bodies
and their communities, are encouraged to adopt declarations
of purpose for education for their communities, taking into
account the implications of such declarations on education in
their communities and for their schools. In adopting such declarations of purpose, the school boards shall consider the effect
the declarations may have on the motivation of students and
faculties.
‘‘(b) ACCREDITATION.—
‘‘(1) DEADLINE.—
‘‘(A) IN GENERAL.—Not later than 24 months after the
date of enactment of the Native American Education

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25 USC 2001.

Deadline.

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115 STAT. 2008

Improvement Act of 2001, each Bureau-funded school shall,
to the extent that necessary funds are provided, be a candidate for accreditation or be accredited—
‘‘(i) by a tribal accrediting body, if the accreditation
standards of the tribal accrediting body have been
accepted by formal action of the tribal governing body
and such accreditation is acknowledged by a generally
recognized State certification or regional accrediting
agency;
‘‘(ii) by a regional accreditation agency;
‘‘(iii) by State accreditation standards for the State
in which the Bureau-funded school is located; or
‘‘(iv) in the case of a Bureau-funded school that
is located on a reservation that is located in more
than one State, in accordance with the State accreditation standards of one State as selected by the tribal
government.
‘‘(B) FEASIBILITY STUDY.—Not later than 12 months
after the date of enactment of the Native American Education Improvement Act of 2001, the Secretary of the
Interior and the Secretary of Education shall, in consultation with Indian tribes, Indian education organizations,
and accrediting agencies, develop and submit to the appropriate committees of Congress a report on the desirability
and feasibility of establishing a tribal accreditation agency
that would—
‘‘(i) review and acknowledge the accreditation
standards for Bureau-funded schools; and
‘‘(ii) establish accreditation procedures to facilitate
the application, review of the standards and review
processes, and recognition of qualified and credible
tribal departments of education as accrediting bodies
serving tribal schools.
‘‘(2) DETERMINATION OF ACCREDITATION TO BE APPLIED.—
The accreditation type applied for each school shall be determined by the tribal governing body, or the school board, if
authorized by the tribal governing body.
‘‘(3) ASSISTANCE TO SCHOOL BOARDS.—
‘‘(A) IN GENERAL.—The Secretary, through contracts
and grants, shall provide technical and financial assistance
to Bureau-funded schools, to the extent that necessary
amounts are made available, to enable such schools to
obtain the accreditation required under this subsection,
if the school boards request that such assistance, in part
or in whole, be provided.
‘‘(B) ENTITIES THROUGH WHICH ASSISTANCE MAY BE PROVIDED.—The Secretary may provide such assistance directly
or through the Department of Education, an institution
of higher education, a private not-for-profit organization
or for-profit organization, an educational service agency,
or another entity with demonstrated experience in assisting
schools in obtaining accreditation.
‘‘(4) APPLICATION OF CURRENT STANDARDS DURING ACCREDITATION.—A Bureau-funded school that is seeking accreditation
shall remain subject to the standards issued under section
1121 of the Education Amendments of 1978 and in effect on
the day before the date of enactment of the Native American

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Education Improvement Act of 2001 until such time as the
school is accredited, except that if any of such standards are
in conflict with the standards of the accrediting agency, the
standards of such agency shall apply in such case.
‘‘(5) ANNUAL REPORT ON UNACCREDITED SCHOOLS.—Not
later than 90 days after the end of each school year, the
Secretary shall prepare and submit to the Committee on Appropriations, the Committee on Education and the Workforce, and
the Committee on Resources of the House of Representatives
and the Committee on Appropriations, the Committee on Indian
Affairs, and the Committee on Health, Education, Labor, and
Pensions of the Senate, a report concerning unaccredited
Bureau-funded schools that—
‘‘(A) identifies those Bureau-funded schools that fail
to be accredited or to be candidates for accreditation within
the period provided for in paragraph (1);
‘‘(B) with respect to each Bureau-funded school identified under subparagraph (A), identifies the reasons that
each such school is not accredited or a candidate for accreditation, as determined by the appropriate accreditation
agency, and a description of any possible way in which
to remedy such nonaccreditation; and
‘‘(C) with respect to each Bureau-funded school for
which the reported reasons for the lack of accreditation
under subparagraph (B) are a result of the school’s inadequate basic resources, contains information and funding
requests for the full funding needed to provide such schools
with accreditation, such funds if provided shall be applied
to such unaccredited school under this paragraph.
‘‘(6) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.—
‘‘(A) IN GENERAL.—Prior to including a Bureau-funded
school in an annual report required under paragraph (5),
the Secretary shall—
‘‘(i) ensure that the school has exhausted all
administrative remedies provided by the accreditation
agency; and
‘‘(ii) provide the school with an opportunity to
review the data on which such inclusion is based.
‘‘(B) PROVISION OF ADDITIONAL INFORMATION.—If the
school board of a school that the Secretary has proposed
for inclusion in an annual report under paragraph (5)
believes that such inclusion is in error, the school board
may provide to the Secretary such information as the board
believes is in conflict with the information and conclusions
of the Secretary with respect to the determination to
include the school in such annual report. The Secretary
shall consider such information provided by the school
board before making a final determination concerning the
inclusion of the school in any such report.
‘‘(C) PUBLICATION OF ACCREDITATION STATUS.—Not
later than 30 days after making an initial determination
to include a school in an annual report under paragraph
(5), the Secretary shall make public the final determination
on the accreditation status of the school.
‘‘(7) SCHOOL PLAN.—
‘‘(A) IN GENERAL.—Not later than 120 days after the
date on which a school is included in an annual report

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Deadline.

Deadline.

Deadline.

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115 STAT. 2010

under paragraph (5), the school shall develop a school
plan, in consultation with interested parties including parents, school staff, the school board, and other outside
experts (if appropriate), that shall be submitted to the
Secretary for approval. The school plan shall cover a 3year period and shall—
‘‘(i) incorporate strategies that address the specific
issues that caused the school to fail to be accredited
or fail to be a candidate for accreditation;
‘‘(ii) incorporate policies and practices concerning
the school that have the greatest likelihood of ensuring
that the school will obtain accreditation during the
3-year period beginning on the date on which the plan
is implemented;
‘‘(iii) contain an assurance that the school will
reserve the necessary funds, from the funds described
in paragraph (3), for each fiscal year for the purpose
of obtaining accreditation;
‘‘(iv) specify how the funds described in clause
(iii) will be used to obtain accreditation;
‘‘(v) establish specific annual, objective goals for
measuring continuous and significant progress made
by the school in a manner that will ensure the accreditation of the school within the 3-year period described
in clause (ii);
‘‘(vi) identify how the school will provide written
notification about the lack of accreditation to the parents of each student enrolled in such school, in a format
and, to the extent practicable, in a language the parents can understand; and
‘‘(vii) specify the responsibilities of the school board
and any assistance to be provided by the Secretary
under paragraph (3).
‘‘(B) IMPLEMENTATION.—A school shall implement the
school plan under subparagraph (A) expeditiously, but in
no event later than the beginning of the school year following the school year in which the school was included
in the annual report under paragraph (5) so long as the
necessary resources have been provided to the school.
‘‘(C) REVIEW OF PLAN.—Not later than 45 days after
receiving a school plan, the Secretary shall—
‘‘(i) establish a peer-review process to assist with
the review of the plan; and
‘‘(ii) promptly review the school plan, work with
the school as necessary, and approve the school plan
if the plan meets the requirements of this paragraph.
‘‘(8) CORRECTIVE ACTION.—
‘‘(A) DEFINITION.—In this subsection, the term ‘corrective action’ means any action that—
‘‘(i) substantially and directly responds to—
‘‘(I) the failure of a school to achieve accreditation; and
‘‘(II) any underlying staffing, curriculum, or
other programmatic problem in the school that
contributed to the lack of accreditation; and
‘‘(ii) is designed to increase substantially the likelihood that the school will be accredited.

Deadline.

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‘‘(B) WAIVER.—The Secretary shall grant a waiver
which shall exempt a school from any or all of the requirements of this paragraph and paragraph (7) (though such
school shall be required to comply with the standards contained in part 36 of title 25, Code of Federal Register,
as in effect on the date of enactment of the Native American
Education Improvement Act of 2001) if the school—
‘‘(i) is identified in the report described in paragraph (5)(C); and
‘‘(ii) fails to be accredited for reasons that are
beyond the control of the school board, as determined
by the Secretary, including, but not limited to—
‘‘(I) a significant decline in financial resources;
‘‘(II) the poor condition of facilities, vehicles,
or other property; and
‘‘(III) a natural disaster.
‘‘(C) DUTIES OF SECRETARY.—After providing assistance
to a school under paragraph (3), the Secretary shall—
‘‘(i) annually review the progress of the school
under the applicable school plan to determine whether
the school is meeting, or making adequate progress
toward achieving the goals described in paragraph
(7)(A)(v) with respect to reaccreditation or becoming
a candidate for accreditation;
‘‘(ii) except as provided in subparagraph (B), continue to provide assistance while implementing the
school’s plan, and, if determined appropriate by the
Secretary, take corrective action with respect to the
school if it fails to be accredited at the end of the
third full year immediately following the date that
the school’s plan was first in effect under paragraph
(7);
‘‘(iii) provide all students enrolled in a school that
is eligible for a corrective action determination by the
Secretary under clause (ii) with the option to transfer
to another public or Bureau-funded school, including
a public charter school, that is accredited;
‘‘(iv) promptly notify the parents of children
enrolled in a school that is eligible for a corrective
action determination by the Secretary under clause
(ii) of the option to transfer their child to another
public or Bureau-funded school; and
‘‘(v) provide, or pay for the provision of, transportation for each student described in clause (iii) to the
school described in clause (iii) to which the student
elects to be transferred to the extent funds are available, as determined by the tribal governing body.
‘‘(D) FAILURE OF SCHOOL PLAN OF BUREAU-OPERATED
SCHOOL.—With respect to a Bureau-operated school that
fails to be accredited at the end of the third full year
immediately following the date that the school’s plan was
first in effect under paragraph (7), the Secretary may take
one or more of the following corrective actions:
‘‘(i) Institute and fully implement actions suggested
by the accrediting agency.

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‘‘(ii) Consult with the tribe involved to determine
the causes for the lack of accreditation including potential staffing and administrative changes that are or
may be necessary.
‘‘(iii) Set aside a certain amount of funds that
may only be used by the school to obtain accreditation.
‘‘(iv)(I) Provide the tribe with a 60-day period
during which to determine whether the tribe desires
to operate the school as a contract or grant school
before meeting the accreditation requirements in section 5207(c) of the Tribally Controlled Schools Act of
1988 at the beginning of the next school year following
the determination to take corrective action. If the tribe
agrees to operate the school as a contract or grant
school, the tribe shall prepare a plan, pursuant to
paragraph (7), for approval by the Secretary in accordance with paragraph (7), to achieve accreditation.
‘‘(II) If the tribe declines to assume control of the
school, the Secretary, in consultation with the tribe,
may contract with an outside entity, consistent with
applicable law, or appoint a receiver or trustee to
operate and administer the affairs of the school until
the school is accredited. The outside entity, receiver,
or trustee shall prepare a plan, pursuant to paragraph
(7), for approval by the Secretary in accordance with
paragraph (7).
‘‘(III) Upon accreditation of the school, the Secretary shall allow the tribe to continue to operate the
school as a grant or contract school, or if the school
is being controlled by an outside entity, provide the
tribe with the option to assume operation of the school
as a contract school, in accordance with the Indian
Self-Determination Act, or as a grant school in accordance with the Tribally Controlled Schools Act of 1988,
at the beginning of the school year following the school
year in which the school obtains accreditation. If the
tribe declines, the Secretary may allow the outside
entity, receiver, or trustee to continue the operation
of the school or reassume control of the school.
‘‘(E) FAILURE OF SCHOOL PLAN OF CONTRACT OR GRANT
SCHOOL.—
‘‘(i) CORRECTIVE ACTION.—With respect to a contract or grant school that fails to be accredited at
the end of the third full year immediately following
the date that the school’s plan was first in effect under
paragraph (7), the Secretary may take one or more
of the corrective actions described in subparagraph
(D)(i) and (D)(ii). The Secretary shall implement such
corrective action for at least 1 year prior to taking
any action described under clause (ii).
‘‘(ii) OUTSIDE ENTITY.—If the corrective action
described in clause (i) does not result in accreditation
of the school, the Secretary, in conjunction with the
tribal governing body, may contract with an outside
entity to operate the school in order to achieve accreditation of the school within 2 school years. Prior to
entering into such a contract, the Secretary shall

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develop a proposal for such operation which shall
include, at a minimum, the following elements:
‘‘(I) The identification of one or more outside
entities each of which has demonstrated to the
Secretary its ability to develop a satisfactory plan
for achieving accreditation and its willingness and
availability to undertake such a plan.
‘‘(II) A plan for implementing operation of the
school by such an outside entity, including the
methodology for oversight and evaluation of the
performance of the outside entity by the Secretary
and the tribe.
‘‘(iii) PROPOSAL AMENDMENTS.—The tribal governing body shall have 60 days to amend the plan
developed pursuant to clause (ii), including identifying
another outside entity to operate the school. The Secretary shall reach agreement with the tribal governing
body on the proposal and any such amendments to
the plan not later than 30 days after the expiration
of the 60-day period described in the preceding sentence. After the approval of the proposal and any
amendments, the Secretary, with continuing consultation with such tribal governing body, shall implement
the proposal.
‘‘(iv) ACCREDITATION.—Upon accreditation of the
school, the tribe shall have the option to assume the
operation and administration of the school as a contract
school after complying with the Indian Self-Determination Act, or as a grant school, after complying with
the Tribally Controlled Schools Act of 1988, at the
beginning of the school year following the year in which
the school obtains accreditation.
‘‘(v) RETROCEDE.—Nothing in this subparagraph
shall limit a tribe’s right to retrocede operation of
a school to the Secretary pursuant to section 105(e)
of the Indian Self-Determination Act (with respect to
a contract school) or section 5204(f) of the Tribally
Controlled Schools Act of 1988 (with respect to a grant
school).
‘‘(vi) CONSISTENT.—The provisions of this subparagraph shall be construed to be consistent with the
provisions of the Tribally Controlled Schools Act of
1988 and the Indian Self-Determination Act as in effect
on the day before the date of enactment of the Native
American Education Improvement Act of 2001, and
shall not be construed as expanding the authority of
the Secretary under any other law.
‘‘(F) HEARING.—With respect to a school that is operated pursuant to a grant, or a school that is operated
under a contract under the Indian Self-Determination Act,
prior to implementing any corrective action under this
paragraph, the Secretary shall provide notice and an opportunity for a hearing to the affected school pursuant to
section 5207 of the Tribally Controlled Schools Act of 1988.
‘‘(9) STATUTORY CONSTRUCTION.—Nothing in this section
shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school employees under

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applicable law (including applicable regulations or court orders)
or under the terms of any collective bargaining agreement,
memorandum of understanding, or other agreement between
such employees and their employers.
‘‘(10) FISCAL CONTROL AND FUND ACCOUNTING STANDARDS.—
The Bureau shall, either directly or through contract with
an Indian organization, establish a consistent system of
reporting standards for fiscal control and fund accounting for
all contract and grant schools. Such standards shall provide
data comparable to those used by Bureau-operated schools.
‘‘(c) ANNUAL PLAN.—
‘‘(1) IN GENERAL.—Except as provided in subsection (b),
the Secretary shall implement the standards in effect under
this section on the day before the date of enactment of the
Native American Education Improvement Act of 2001.
‘‘(2) PLAN.—On an annual basis, the Secretary shall submit
to the appropriate committees of Congress, all Bureau-funded
schools, and the tribal governing bodies of such schools a
detailed plan to ensure that all Bureau-funded schools are
accredited, or if such schools are in the process of obtaining
accreditation that such schools meet the Bureau standards
in effect on the day before the date of enactment of the Native
American Education Improvement Act of 2001 to the extent
that such standards do not conflict with the standards of the
accrediting agency. Such plan shall include detailed information
on the status of each school’s educational program in relation
to the applicable standards, specific cost estimates for meeting
such standards at each school, and specific timelines for
bringing each school up to the level required by such standards.
‘‘(d) CLOSURE OR CONSOLIDATION OF SCHOOLS.—
‘‘(1) IN GENERAL.—Except as specifically required by law—
‘‘(A) no Bureau-funded school or dormitory operated
on or after January 1, 1992, may be closed, consolidated,
or transferred to another authority; and
‘‘(B) no program of such a school may be substantially
curtailed except in accordance with the requirements of
this subsection.
‘‘(2) EXCEPTIONS.—This subsection (other than this paragraph) shall not apply—
‘‘(A) in those cases in which the tribal governing body
for a school, or the local school board concerned (if designated by the tribal governing body to act under this
paragraph), requests the closure, consolidation, or substantial curtailment; or
‘‘(B) if a temporary closure, consolidation, or substantial curtailment is required by facility conditions that constitute an immediate hazard to health and safety.
‘‘(3) REGULATIONS.—The Secretary shall, by regulation,
promulgate standards and procedures for the closure, transfer
to another authority, consolidation, or substantial curtailment
of Bureau schools, in accordance with the requirements of this
subsection.
‘‘(4) NOTICE.—
‘‘(A) IN GENERAL.—In a case in which closure, transfer
to another authority, consolidation, or substantial curtailment of a school is under active consideration or review
by any division of the Bureau or the Department of the

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Interior, the affected tribe, tribal governing body, and designated local school board will be notified immediately in
writing, kept fully and currently informed, and afforded
an opportunity to comment with respect to such consideration or review.
‘‘(B) DECISION TO CLOSE.—If a formal decision is made
to close, transfer to another authority, consolidate, or
substantially curtail a school, the affected tribe, tribal governing body, and designated school board shall be notified
not later than 180 days before the end of the school year
preceding the proposed closure date.
‘‘(C) COPIES.—Copies of any such notices and information shall be—
‘‘(i) submitted promptly to the appropriate committees of Congress; and
‘‘(ii) published in the Federal Register.
‘‘(5) REPORT.—The Secretary shall submit to the appropriate committees of Congress, the affected tribe, and the designated school board, a report describing the process of the
active consideration or review referred to in paragraph (4)
that includes—
‘‘(A) a study of the impact of such action on the student
population;
‘‘(B) a description of those students with particular
educational and social needs;
‘‘(C) recommendations to ensure that alternative services are available to such students; and
‘‘(D) a description of the consultation conducted
between the potential service provider, current service provider, parents, tribal representatives and the tribe or tribes
involved, and the Director of the Office of Indian Education
Programs within the Bureau regarding such students.
‘‘(6) LIMITATION ON CERTAIN ACTIONS.—No irrevocable
action may be taken in furtherance of any such proposed school
closure, transfer to another authority, consolidation, or substantial curtailment (including any action which would prejudice
the personnel or programs of such school) prior to the end
of the first full academic year after such report is made.
‘‘(7) TRIBAL GOVERNING BODY APPROVAL REQUIRED FOR CERTAIN ACTIONS.—The Secretary may, with the approval of the
tribal governing body, terminate, contract, transfer to any other
authority, consolidate, or substantially curtail the operation
or facilities of—
‘‘(A) any Bureau-funded school that is operated on or
after January 1, 1999;
‘‘(B) any program of such a school that is operated
on or after January 1, 1999; or
‘‘(C) any school board of a school operated under a
grant under the Tribally Controlled Schools Act of 1988.
‘‘(e) APPLICATION FOR CONTRACTS OR GRANTS FOR NON-BUREAUFUNDED SCHOOLS OR EXPANSION OF BUREAU-FUNDED SCHOOLS.—
‘‘(1) REVIEW BY SECRETARY.—
‘‘(A) CONSIDERATION OF FACTORS.—
‘‘(i) IN GENERAL.—The Secretary shall consider only
the factors described in subparagraph (B) in
reviewing—

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115 STAT. 2016

‘‘(I) applications from any tribe for the
awarding of a contract or grant for a school that
is not a Bureau-funded school; and
‘‘(II) applications from any tribe or school
board of any Bureau-funded school for—
‘‘(aa) a school which is not a Bureaufunded school; or
‘‘(bb) the expansion of a Bureau-funded
school which would increase the amount of
funds received by the Indian tribe or school
board under section 1127.
‘‘(ii) NO DENIAL BASED ON GEOGRAPHIC PROXIMITY.—With respect to applications described in this
subparagraph, the Secretary shall give consideration
to all factors described in subparagraph (B), but no
such application shall be denied based primarily upon
the geographic proximity of comparable public education.
‘‘(B) FACTORS.—With respect to applications described
in subparagraph (A), the Secretary shall consider the following factors relating to the program and services that
are the subject of the application:
‘‘(i) The adequacy of the facilities or the potential
to obtain or provide adequate facilities.
‘‘(ii) Geographic and demographic factors in the
affected areas.
‘‘(iii) The adequacy of the applicant’s program
plans or, in the case of a Bureau-funded school, of
projected needs analysis done either by the tribe or
the Bureau.
‘‘(iv) Geographic proximity of comparable public
education.
‘‘(v) The stated needs of all affected parties,
including students, families, tribal governments at both
the central and local levels, and school organizations.
‘‘(vi) Adequacy and comparability of programs
already available.
‘‘(vii) Consistency of available programs with tribal
educational codes or tribal legislation on education.
‘‘(viii) The history and success of those services
for the proposed population to be served, as determined
from all factors, including standardized examination
performance.
‘‘(2) DETERMINATION ON APPLICATION.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date on which an application described in paragraph (1)(A)
is submitted to the Secretary, the Secretary shall make
a determination of whether to approve the application.
‘‘(B) FAILURE TO MAKE DETERMINATION.—If the Secretary fails to make a determination with respect to an
application by the date described in subparagraph (A),
the application shall be deemed to have been approved
by the Secretary.
‘‘(3) REQUIREMENTS FOR APPLICATIONS.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (2)(B),
an application described in paragraph (1)(A) may be
approved by the Secretary only if—

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‘‘(i) the application has been approved by the tribal
governing body of the students served by (or to be
served by) the school or program that is the subject
of the application; and
‘‘(ii) written evidence of such approval is submitted
with the application.
‘‘(B) INCLUDED INFORMATION.—Each application
described in paragraph (1)(A) shall include information
concerning each of the factors described in paragraph
(1)(B).
‘‘(4) DENIAL OF APPLICATIONS.—If the Secretary denies an
application described in paragraph (1)(A), the Secretary shall—
‘‘(A) state the objections to the application in writing
to the applicant not later than 180 days after the date
the application is submitted to the Secretary;
‘‘(B) provide assistance to the applicant to overcome
the stated objections;
‘‘(C) provide to the applicant a hearing on the record
regarding the denial, under the same rules and regulations
as apply under the Indian Self-Determination and Education Assistance Act; and
‘‘(D) provide to the applicant a notice of the applicant’s
appeals rights and an opportunity to appeal the decision
resulting from the hearing under subparagraph (D).
‘‘(5) EFFECTIVE DATE OF A SUBJECT APPLICATION.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
this paragraph, an action that is the subject of any application described in paragraph (1)(A) that is approved by
the Secretary shall become effective—
‘‘(i) at the beginning of the academic year following
the fiscal year in which the application is approved;
or
‘‘(ii) at an earlier date determined by the Secretary.
‘‘(B) APPLICATIONS DEEMED APPROVED.—If an application is deemed to have been approved by the Secretary
under paragraph (2)(B), the action that is the subject of
the application shall become effective—
‘‘(i) on the date that is 18 months after the date
on which the application is submitted to the Secretary;
or
‘‘(ii) at an earlier date determined by the Secretary.
‘‘(6) STATUTORY CONSTRUCTION.—Nothing in this section
or any other provision of law, shall be construed to preclude
the expansion of grades and related facilities at a Bureaufunded school, if such expansion is paid for with non-Bureau
funds. Subject to the availability of appropriated funds the
Secretary is authorized to provide the necessary funds needed
to supplement the cost of operations and maintenance of such
expansion.
‘‘(f) JOINT ADMINISTRATION.—Administrative, transportation,
and program cost funds received by Bureau-funded schools, and
any program from the Department of Education or any other Federal agency for the purpose of providing education or related services, and other funds received for such education and related services from nonfederally funded programs, shall be apportioned and
the funds shall be retained at the school.

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‘‘(g) GENERAL USE OF FUNDS.—Funds received by Bureaufunded schools from the Bureau of Indian Affairs, and under any
program from the Department of Education or any other Federal
agency, for the purpose of providing education or related services
may be used for schoolwide projects to improve the educational
program for all Indian students.
‘‘(h) STUDY ON ADEQUACY OF FUNDS AND FORMULAS.—
‘‘(1) STUDY.—The Comptroller General of the United States
shall conduct a study to determine the adequacy of funding,
and formulas used by the Bureau to determine funding, for
programs operated by Bureau-funded schools, taking into
account unique circumstances applicable to Bureau-funded
schools. The study shall analyze existing information gathered
and contained in germane studies that have been conducted
or are currently being conducted with regard to Bureau-funded
schools.
‘‘(2) ACTION.—Upon completion of the study, the Secretary
of the Interior shall take such action as necessary to ensure
distribution of the findings of the study to all affected Indian
tribes, local school boards, and associations of local school
boards.
25 USC 2002.

‘‘SEC. 1122. NATIONAL CRITERIA FOR HOME-LIVING SITUATIONS.

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‘‘(a) REVISION OF STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Education, Indian organizations and tribes, and
Bureau-funded schools, shall revise the national standards for
home-living (dormitory) situations to include such factors as
heating, lighting, cooling, adult-child ratios, needs for counselors (including special needs related to off-reservation homeliving (dormitory) situations), therapeutic programs, space, and
privacy.
‘‘(2) IMPLEMENTATION.—Such standards shall be implemented in Bureau-operated schools, and shall serve as minimum standards for contract or grant schools.
‘‘(3) REVISION AFTER ESTABLISHMENT.—Once established,
any revisions of such standards shall be developed according
to the requirements established under section 1137.
‘‘(b) IMPLEMENTATION.—The Secretary shall implement the
revised standards established under this section immediately upon
completion of the standards.
‘‘(c) PLAN.—
‘‘(1) IN GENERAL.—The Secretary shall submit to the appropriate committees of Congress, the tribes, and the affected
schools, and publish in the Federal Register, a detailed plan
to bring all Bureau-funded schools that provide home-living
(dormitory) situations up to the standards established under
this section.
‘‘(2) COMPONENTS OF PLAN.—The plan described in paragraph (1) shall include—
‘‘(A) a statement of the relative needs of each Bureaufunded home-living (dormitory) school;
‘‘(B) projected future needs of each Bureau-funded
home-living (dormitory) school;
‘‘(C) detailed information on the status of each school
in relation to the standards established under this section;

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‘‘(D) specific cost estimates for meeting each standard
for each such school;
‘‘(E) aggregate cost estimates for bringing all such
schools into compliance with the criteria established under
this section; and
‘‘(F) specific timelines for bringing each school into
compliance with such standards.
‘‘(d) WAIVER.—
‘‘(1) IN GENERAL.—A tribal governing body or local school
board may, in accordance with this subsection, waive the standards established under this section for a school described in
subsection (a).
‘‘(2) INAPPROPRIATE STANDARDS.—
‘‘(A) IN GENERAL.—A tribal governing body, or the local
school board so designated by the tribal governing body,
may waive, in whole or in part, the standards established
under this section if such standards are determined by
such body or board to be inappropriate for the needs of
students from that tribe.
‘‘(B) ALTERNATIVE STANDARDS.—The tribal governing
body or school board involved shall, not later than 60
days after providing a waiver under subparagraph (A) for
a school, submit to the Director a proposal for alternative
standards that take into account the specific needs of the
tribe’s children. Such alternative standards shall be established by the Director for the school involved unless specifically rejected by the Director for good cause and in writing
provided to the affected tribes or local school board.
‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS PROHIBITED.—
No school in operation on or before July 1, 1999 (regardless of
compliance or noncompliance with the standards established under
this section), may be closed, transferred to another authority, or
consolidated, and no program of such a school may be substantially
curtailed, because the school failed to meet such standards.
‘‘SEC. 1123. CODIFICATION OF REGULATIONS.

Deadline.

25 USC 2003.

‘‘(a) PART 32 OF TITLE 25, CODE OF FEDERAL REGULATIONS.—
The provisions of part 32 of title 25, Code of Federal Regulations,
as in effect on January 1, 1987, are incorporated into this Act
and shall be treated as though such provisions are set forth in
this subsection. Such provisions may be altered only by means
of an Act of Congress. To the extent that such provisions of part
32 do not conform with this Act or any statutory provision of
law enacted before November 1, 1978, the provisions of this Act
and the provisions of such other statutory law shall govern.
‘‘(b) DEFINITION OF REGULATION.—In this section, the term
‘regulation’ means any rule, regulation, guideline, interpretation,
order, or requirement of general applicability prescribed by any
officer or employee of the executive branch.

VerDate 11-MAY-2000

‘‘SEC. 1124. SCHOOL BOUNDARIES.

25 USC 2004.

‘‘(a) ESTABLISHMENT BY SECRETARY.—The Secretary shall establish, by regulation, separate geographical attendance areas for each
Bureau-funded school.
‘‘(b) ESTABLISHMENT BY TRIBAL BODY.—In any case where there
is more than one Bureau-funded school located on an Indian reservation, at the direction of the tribal governing body, the relevant
school boards of the Bureau-funded schools on the reservation may,

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by mutual consent, establish the relevant attendance areas for
such schools, subject to the approval of the tribal governing body.
Any such boundaries so established shall be accepted by the Secretary.
‘‘(c) BOUNDARY REVISIONS.—
‘‘(1) NOTICE.—On or after July 1, 2001, no geographical
attendance area shall be revised or established with respect
to any Bureau-funded school unless the tribal governing body
or the local school board concerned (if so designated by the
tribal governing body) has been afforded—
‘‘(A) at least 6 months notice of the intention of the
Bureau to revise or establish such attendance area; and
‘‘(B) the opportunity to propose alternative boundaries.
‘‘(2) REVISION PROCESS.—Any tribe may petition the Secretary for revision of existing attendance area boundaries. The
Secretary shall accept such proposed alternative or revised
boundaries unless the Secretary finds, after consultation with
the affected tribe or tribes, that such revised boundaries do
not reflect the needs of the Indian students to be served or
do not provide adequate stability to all of the affected programs.
The Secretary shall cause such revisions to be published in
the Federal Register.
‘‘(3) TRIBAL RESOLUTION DETERMINATION.—Nothing in this
section shall deny a tribal governing body the authority, on
a continuing basis, to adopt a tribal resolution allowing parents
the choice of the Bureau-funded school their children may
attend, regardless of the attendance boundaries established
under this section.
‘‘(d) FUNDING RESTRICTIONS.—
‘‘(1) IN GENERAL.—The Secretary shall not deny funding
to a Bureau-funded school for any eligible Indian student
attending the school solely because that student’s home or
domicile is outside of the geographical attendance area established for that school under this section.
‘‘(2) TRANSPORTATION.—No funding shall be made available
without tribal authorization to enable a school to provide
transportation for any student to or from the school and a
location outside the approved attendance area of the school.
‘‘(e) RESERVATION AS BOUNDARY.—When there is only one
Bureau-funded program located on an Indian reservation—
‘‘(1) the attendance area for the program shall be the boundaries (established by treaty, agreement, legislation, court
decisions, or executive decisions and as accepted by the tribe)
of the reservation served; and
‘‘(2) those students residing near the reservation shall also
receive services from such program.
‘‘(f) OFF-RESERVATION HOME-LIVING (DORMITORY) SCHOOLS.—
‘‘(1) IN GENERAL.—Notwithstanding any geographical
attendance areas, attendance at off-reservation home-living
(dormitory) schools shall include students requiring special
emphasis programs to be implemented at each off-reservation
home-living (dormitory) school.
‘‘(2) COORDINATION.—Such attendance shall be coordinated
between education line officers, the family, and the referring
and receiving programs.

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‘‘SEC. 1125. FACILITIES CONSTRUCTION.

25 USC 2005.

‘‘(a) NATIONAL SURVEY OF FACILITIES CONDITIONS.—
‘‘(1) IN GENERAL.—Not later than 12 months after the date
of enactment of the Native American Education Improvement
Act of 2001, the General Accounting Office shall compile, collect,
and secure the data that are needed to prepare a national
survey of the physical conditions of all Bureau-funded school
facilities.
‘‘(2) DATA AND METHODOLOGIES.—In preparing the national
survey required under paragraph (1), the General Accounting
Office shall use the following data and methodologies:
‘‘(A) The existing Department of Defense formula for
determining the condition and adequacy of Department
of Defense facilities.
‘‘(B) Data related to conditions of Bureau-funded
schools that has previously been compiled, collected, or
secured from whatever source derived so long as the data
are accurate, relevant, timely, and necessary to the survey.
‘‘(C) The methodologies of the American Institute of
Architects, or other accredited and reputable architecture
or engineering associations.
‘‘(3) CONSULTATIONS.—
‘‘(A) IN GENERAL.—In carrying out the survey required
under paragraph (1), the General Accounting Office shall,
to the maximum extent practicable, consult (and if necessary contract) with national, regional, and tribal Indian
education organizations to ensure that a complete and
accurate national survey is achieved.
‘‘(B) REQUESTS FOR INFORMATION.—All Bureau-funded
schools shall comply with reasonable requests for information by the General Accounting Office and shall respond
to such requests in a timely fashion.
‘‘(4) SUBMISSION.—Not later than 2 years after the date
of enactment of the Native American Education Improvement
Act of 2001, the General Accounting Office shall submit the
results of the national survey conducted under paragraph (1)
to the Committee on Indian Affairs, the Committee on Health,
Education, Labor, and Pensions, and the Committee on Appropriations of the Senate and the Committee on Resources, the
Committee on Education and the Workforce, and the Committee
on Appropriations of the House of Representatives and to the
Secretary. The Secretary shall submit the results of the national
survey to school boards of Bureau-funded schools and their
respective tribes.
‘‘(5) NEGOTIATED RULEMAKING COMMITTEE.—
‘‘(A) IN GENERAL.—Not later than 6 months after the
date on which the submission is made under paragraph
(4), the Secretary shall establish a negotiated rulemaking
committee pursuant to section 1138(b)(3). The negotiated
rulemaking committee shall prepare and submit to the
Secretary the following:
‘‘(i) A catalog of the condition of school facilities
at all Bureau-funded schools that—
‘‘(I) incorporates the findings from the General
Accounting Office study evaluating and comparing
school systems of the Department of Defense and
the Bureau of Indian Affairs;

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‘‘(II) rates such facilities with respect to the
rate of deterioration and useful life of structures
and major systems;
‘‘(III) establishes a routine maintenance
schedule for each facility;
‘‘(IV) identifies the complementary educational
facilities that do not exist but that are needed;
and
‘‘(V) makes projections on the amount of funds
needed to keep each school viable, consistent with
the accreditation standards required pursuant to
this Act.
‘‘(ii) A school replacement and new construction
report that determines replacement and new construction need, and a formula for the equitable distribution
of funds to address such need, for Bureau-funded
schools. Such formula shall utilize necessary factors
in determining an equitable distribution of funds,
including—
‘‘(I) the size of school;
‘‘(II) school enrollment;
‘‘(III) the age of the school;
‘‘(IV) the condition of the school;
‘‘(V) environmental factors at the school; and
‘‘(VI) school isolation.
‘‘(iii) A renovation repairs report that determines
renovation need (major and minor), and a formula
for the equitable distribution of funds to address such
need, for Bureau-funded schools. Such report shall
identify needed repairs or renovations with respect
to a facility, or a part of a facility, or the grounds
of the facility, to remedy a need based on disabilities
access or health and safety changes to a facility. The
formula developed shall utilize necessary factors in
determining an equitable distribution of funds,
including the factors described in clause (ii).
‘‘(B) SUBMISSION OF REPORTS.—Not later than 24
months after the negotiated rulemaking committee is established under subparagraph (A), the reports described in
clauses (ii) and (iii) of subparagraph (A) shall be submitted
to the committees of Congress referred to in paragraph
(4), the national and regional Indian education organizations, and to all school boards of Bureau-funded schools
and their respective tribes.
‘‘(6) FACILITIES INFORMATION SYSTEMS SUPPORT DATABASE.—The Secretary shall develop a Facilities Information
Systems Support Database to maintain and update the information contained in the reports under clauses (ii) and (iii) of
paragraph (5)(A) and the information contained in the survey
conducted under paragraph (1). The system shall be updated
every 3 years by the Bureau of Indian Affairs and monitored
by General Accounting Office, and shall be made available
to school boards of Bureau-funded schools and their respective
tribes, and Congress.
‘‘(b) COMPLIANCE WITH HEALTH AND SAFETY STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary shall immediately begin
to bring all schools, dormitories, and other Indian education-

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related facilities operated by the Bureau or under contract
or grant with the Bureau, into compliance with—
‘‘(A) all applicable tribal, Federal, or State health and
safety standards, whichever provides greater protection
(except that the tribal standards to be applied shall be
no greater than any otherwise applicable Federal or State
standards);
‘‘(B) section 504 of the Rehabilitation Act of 1973;
and
‘‘(C) the Americans with Disabilities Act of 1990.
‘‘(2) NO TERMINATION REQUIRED.—Nothing in this subsection requires termination of the operations of any facility
that—
‘‘(A) does not comply with the provisions and standards
described in paragraph (1); and
‘‘(B) is in use on the date of enactment of the Native
American Education Improvement Act of 2001.
‘‘(c) COMPLIANCE PLAN.—At the time that the annual budget
request for Bureau educational services is presented, the Secretary
shall submit to the appropriate committees of Congress a detailed
plan to bring all facilities covered under subsection (a) into compliance with the standards referred to in that subsection that
includes—
‘‘(1) detailed information on the status of each facility’s
compliance with such standards;
‘‘(2) specific cost estimates for meeting such standards at
each school; and
‘‘(3) specific timelines for bringing each school into compliance with such standards.
‘‘(d) CONSTRUCTION PRIORITIES.—
‘‘(1) SYSTEM TO ESTABLISH PRIORITIES.—On an annual basis,
the Secretary shall submit to the appropriate committees of
Congress and cause to be published in the Federal Register,
the system used to establish priorities for replacement and
construction projects for Bureau-funded schools and home-living
schools, including boarding schools and dormitories. At the
time any budget request for education is presented, the Secretary shall publish in the Federal Register and submit with
the budget request the current list of all Bureau-funded school
construction priorities.
‘‘(2) LONG-TERM CONSTRUCTION AND REPLACEMENT LIST.—
In addition to the plan submitted under subsection (c), the
Secretary shall—
‘‘(A) not later than 18 months after the date of enactment of the Native American Education Improvement Act
of 2001, establish a long-term construction and replacement
list for all Bureau-funded schools;
‘‘(B) using the list prepared under subparagraph (A),
propose a list for the orderly replacement of all Bureaufunded education-related facilities over a period of 40 years
to enable planning and scheduling of budget requests;
‘‘(C) cause the list prepared under subparagraph (B)
to be published in the Federal Register and allow a period
of not less than 120 days for public comment;
‘‘(D) make such revisions to the list prepared under
subparagraph (B) as are appropriate based on the comments received; and

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‘‘(E) cause the final list to be published in the Federal
Register.
‘‘(3) EFFECT ON OTHER LIST.—Nothing in this section shall
interfere with or change in any way the construction priority
list as it existed on the day before the date of enactment
of the Native American Education Improvement Act of 2001.
‘‘(e) HAZARDOUS CONDITION AT BUREAU-FUNDED SCHOOL.—
‘‘(1) CLOSURE, CONSOLIDATION, OR CURTAILMENT.—
‘‘(A) IN GENERAL.—A Bureau-funded school may be
closed or consolidated, or the programs of a Bureau-funded
school may be substantially curtailed, by reason of facility
conditions that constitute an immediate hazard to health
and safety only if a health and safety officer of the Bureau
and an individual designated at the beginning of the school
year by the tribe involved under subparagraph (B) determine that such conditions exist at a facility of the Bureaufunded school.
‘‘(B) DESIGNATION OF INDIVIDUAL BY TRIBE.—To be designated by a tribe for purposes of subparagraph (A), an
individual shall—
‘‘(i) be a licensed or certified facilities safety
inspector;
‘‘(ii) have demonstrated experience in the inspection of facilities for health and safety purposes with
respect to occupancy; or
‘‘(iii) have a significant educational background in
the health and safety of facilities with respect to occupancy.
‘‘(C) INSPECTION.—After making a determination
described in subparagraph (A), the Bureau health and
safety officer and the individual designated by the tribe
shall conduct an inspection of the conditions of such facility
in order to determine whether conditions at such facility
constitute an immediate hazard to health and safety. Such
inspection shall be completed as expeditiously as practicable, but not later than 20 days after the date on which
the action described in subparagraph (A) is taken.
‘‘(D) FAILURE TO CONCUR.—If the Bureau health and
safety officer, and the individual designated by the tribe,
conducting the inspection of a facility required under
subparagraph (C) do not concur that conditions at the
facility constitute an immediate hazard to health and
safety, such officer and individual shall immediately notify
the tribal governing body and provide written information
related to their determinations.
‘‘(E) CONSIDERATION BY TRIBAL GOVERNING BODY.—Not
later than 10 days after a tribal governing body receives
notice under subparagraph (D), the tribal governing body
shall consider all information relating to the determinations
of the Bureau health and safety officer and the individual
designated by the tribe and make a determination
regarding the closure, consolidation, or curtailment
involved.
‘‘(F) AGREEMENT TO CLOSE, CONSOLIDATE, OR CURTAIL.—

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‘‘(i) IN GENERAL.—If the Bureau health and safety
officer and the individual designated by the tribe conducting the inspection of a facility required under
subparagraph (C), concur that conditions at the facility
constitute an immediate hazard to health and safety,
or if the tribal governing body makes such a determination under subparagraph (E), the facility involved shall
be closed immediately.
‘‘(ii) REOPENING OF FACILITY IF NO IMMEDIATE
HAZARD FOUND TO EXIST.—If the Bureau health and
safety officer or the individual designated by the tribe
conducting the inspection of a facility required under
subparagraph (C) determines that conditions at the
facility do not constitute an immediate hazard to health
and safety, any consolidation or curtailment that was
made under this paragraph shall immediately cease
and any school closed by reason of conditions at the
facility shall be reopened immediately.
‘‘(G) GENERAL CLOSURE REPORT.—If a Bureau-funded
school is temporarily closed or consolidated or the programs
of a Bureau-funded school are temporarily substantially
curtailed under this subsection and the Secretary determines that the closure, consolidation, or curtailment will
exceed 1 year, the Secretary shall submit to the appropriate
committees of Congress, the affected tribe, and the local
school board, not later than 90 days after the date on
which the closure, consolidation, or curtailment was initiated, a report that specifies—
‘‘(i) the reasons for such temporary action;
‘‘(ii) the actions the Secretary is taking to eliminate
the conditions that constitute the hazard;
‘‘(iii) an estimated date by which the actions
described in clause (ii) will be concluded; and
‘‘(iv) a plan for providing alternate education services for students enrolled at the school that is to be
closed.
‘‘(2) NONAPPLICATION OF CERTAIN STANDARDS FOR TEMPORARY FACILITY USE.—
‘‘(A) CLASSROOM ACTIVITIES.—The Secretary shall
permit the local school board to temporarily utilize facilities
adjacent to the school, or satellite facilities, if such facilities
are suitable for conducting classroom activities. In permitting the use of facilities under the preceding sentence,
the Secretary may waive applicable minor standards under
section 1121 relating to such facilities (such as the required
number of exit lights or configuration of restrooms) so
long as such waivers do not result in the creation of an
environment that constitutes an immediate and substantial
threat to the health, safety, and life of students and staff.
‘‘(B) ADMINISTRATIVE ACTIVITIES.—The provisions of
subparagraph (A) shall apply with respect to administrative
personnel if the facilities involved are suitable for activities
performed by such personnel.
‘‘(C) TEMPORARY.—In this paragraph, the term ‘temporary’ means—
‘‘(i) with respect to a school that is to be closed
for not more than 1 year, 3 months or less; and

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‘‘(ii) with respect to a school that is to be closed
for not less than 1 year, a time period determined
appropriate by the Bureau.
‘‘(3) TREATMENT OF CLOSURE.—Any closure of a Bureaufunded school under this subsection for a period that exceeds
30 days but is less than 1 year, shall be treated by the Bureau
as an emergency facility improvement and repair project.
‘‘(4) USE OF FUNDS.—With respect to a Bureau-funded
school that is closed under this subsection, the tribal governing
body, or the designated local school board of each Bureaufunded school, involved may authorize the use of funds allocated
pursuant to section 1127, to abate the hazardous conditions
without further action by Congress.
‘‘(f) FUNDING REQUIREMENT.—
‘‘(1) DISTRIBUTION OF FUNDS.—Beginning with the first
fiscal year following the date of enactment of the Native American Education Improvement Act of 2001, all funds appropriated
to the budget accounts for the operations and maintenance
of Bureau-funded schools shall be distributed by formula to
the schools. No funds from these accounts may be retained
or segregated by the Bureau to pay for administrative or other
costs of any facilities branch or office, at any level of the
Bureau.
‘‘(2) REQUIREMENTS FOR CERTAIN USES.—No funds shall
be withheld from the distribution to the budget of any school
operated under contract or grant by the Bureau for maintenance
or any other facilities or road-related purpose, unless such
school has consented, as a modification to the contract or in
writing for grants schools, to the withholding of such funds,
including the amount thereof, the purpose for which the funds
will be used, and the timeline for the services to be provided.
The school may, at the end of any fiscal year, cancel an agreement under this paragraph upon giving the Bureau 30 days
notice of its intent to do so.
‘‘(g) NO REDUCTION IN FEDERAL FUNDING.—Nothing in this
section shall diminish any Federal funding due to the receipt by
the school of funding for facilities improvement or construction
from a State or any other source.
25 USC 2006.

‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.

‘‘(a) FORMULATION AND ESTABLISHMENT OF POLICY AND PROCESUPERVISION OF PROGRAMS AND EXPENDITURES.—The Secretary shall vest in the Assistant Secretary for Indian Affairs all
functions with respect to formulation and establishment of policy
and procedure and supervision of programs and expenditures of
Federal funds for the purpose of Indian education administered
by the Bureau. The Assistant Secretary shall carry out such functions through the Director of the Office of Indian Education Programs.
‘‘(b) DIRECTION AND SUPERVISION OF PERSONNEL OPERATIONS.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of the Native American Education Improvement
Act of 2001, the Director of the Office shall direct and supervise
the operations of all personnel directly and substantially
involved in the provision of education program services by
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procurement, and finance functions connected with school operation programs.
‘‘(2) TRANSFERS.—The Assistant Secretary for Indian
Affairs shall, not later than 180 days after the date of enactment of the Native American Education Improvement Act of
2001, coordinate the transfer of functions relating to procurements for, contracts of, operation of, and maintenance of schools
and other support functions to the Director.
‘‘(c) INHERENT FEDERAL FUNCTION.—For purposes of this Act,
all functions relating to education that are located at the Area
or Agency level and performed by an education line officer shall
be subject to contract under the Indian Self-Determination and
Education Assistance Act, unless determined by the Secretary to
be inherently Federal functions as defined in section 1141(12).
‘‘(d) EVALUATION OF PROGRAMS; SERVICES AND SUPPORT FUNCTIONS; TECHNICAL AND COORDINATING ASSISTANCE.—Education personnel who are under the direction and supervision of the Director
of the Office of Indian Education Programs in accordance with
subsection (b)(1) shall—
‘‘(1) monitor and evaluate Bureau education programs;
‘‘(2) provide all services and support functions for education
programs with respect to personnel matters involving staffing
actions and functions; and
‘‘(3) provide technical and coordinating assistance in areas
such as procurement, contracting, budgeting, personnel, curriculum, and operation and maintenance of school facilities.
‘‘(e) CONSTRUCTION, IMPROVEMENT, OPERATION, AND MAINTENANCE OF FACILITIES.—
‘‘(1) PLAN FOR CONSTRUCTION.—The Assistant Secretary
shall submit as part of the annual budget a plan—
‘‘(A) for school facilities to be constructed under section
1125(c);
‘‘(B) for establishing priorities among projects and for
the improvement and repair of educational facilities, which
together shall form the basis for the distribution of appropriated funds; and
‘‘(C) for capital improvements to be made over the
5 succeeding years.
‘‘(2) PROGRAM FOR OPERATION AND MAINTENANCE.—
‘‘(A) ESTABLISHMENT.—The Assistant Secretary shall
establish a program, including the distribution of appropriated funds, for the operation and maintenance of education facilities. Such program shall include—
‘‘(i) a method of computing the amount necessary
for each educational facility;
‘‘(ii) similar treatment of all Bureau-funded
schools;
‘‘(iii) a notice of an allocation of appropriated funds
from the Director of the Office of Indian Education
Programs directly to the education line officers and
appropriate school officials;
‘‘(iv) a method for determining the need for, and
priority of, facilities repair and maintenance projects,
both major and minor (to be determined, through the
conduct by the Assistant Secretary, of a series of
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agencies to receive comment on the lists and
prioritization of such projects); and
‘‘(v) a system for the conduct of routine preventive
maintenance.
‘‘(B) LOCAL SUPERVISORS.—The appropriate education
line officers shall make arrangements for the maintenance
of education facilities with the local supervisors of the
Bureau maintenance personnel. The local supervisors of
Bureau maintenance personnel shall take appropriate
action to implement the decisions made by the appropriate
education line officers, except that no funds under this
chapter may be authorized for expenditure unless such
appropriate education line officer is assured that the necessary maintenance has been, or will be, provided in a
reasonable manner.
‘‘(3) IMPLEMENTATION.—This subsection shall be implemented as soon as practicable after the date of enactment
of the Native American Education Improvement Act of 2001.
‘‘(f) ACCEPTANCE OF GIFTS AND BEQUESTS.—
‘‘(1) GUIDELINES.—Notwithstanding any other provision of
law, the Director of the Office shall promulgate guidelines
for the establishment and administration of mechanisms for
the acceptance of gifts and bequests for the use and benefit
of particular schools or designated Bureau-operated education
programs, including, in appropriate cases, the establishment
and administration of trust funds.
‘‘(2) MONITORING AND REPORTS.—Except as provided in
paragraph (3), in a case in which a Bureau-operated education
program is the beneficiary of such a gift or bequest, the Director
shall—
‘‘(A) make provisions for monitoring use of the gift
or bequest; and
‘‘(B) submit a report to the appropriate committees
of Congress that describes the amount and terms of such
gift or bequest, the manner in which such gift or bequest
shall be used, and any results achieved by such use.
‘‘(3) EXCEPTION.—The requirements of paragraph (2) shall
not apply in the case of a gift or bequest that is valued at
$5,000 or less.
‘‘(g) DEFINITION OF FUNCTIONS.—For the purpose of this section,
the term ‘functions’ includes powers and duties.
25 USC 2007.

‘‘SEC. 1127. ALLOTMENT FORMULA.

‘‘(a) FACTORS CONSIDERED; REVISION TO REFLECT STANDARDS.—
‘‘(1) FORMULA.—The Secretary shall establish, by regulation
adopted in accordance with section 1137, a formula for determining the minimum annual amount of funds necessary to
sustain each Bureau-funded school. In establishing such formula, the Secretary shall consider—
‘‘(A) the number of eligible Indian students served
and total student population of the school;
‘‘(B) special cost factors, such as—
‘‘(i) the isolation of the school;
‘‘(ii) the need for special staffing, transportation,
or educational programs;
‘‘(iii) food and housing costs;

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‘‘(iv) maintenance and repair costs associated with
the physical condition of the educational facilities;
‘‘(v) special transportation and other costs of isolated and small schools;
‘‘(vi) the costs of home-living (dormitory) arrangements, where determined necessary by a tribal governing body or designated school board;
‘‘(vii) costs associated with greater lengths of
service by education personnel;
‘‘(viii) the costs of therapeutic programs for students requiring such programs; and
‘‘(ix) special costs for gifted and talented students;
‘‘(C) the cost of providing academic services which are
at least equivalent to those provided by public schools
in the State in which the school is located;
‘‘(D) whether the available funding will enable the
school involved to comply with the accreditation standards
applicable to the school under section 1121; and
‘‘(E) such other relevant factors as the Secretary determines are appropriate.
‘‘(2) REVISION OF FORMULA.—
‘‘(A) IN GENERAL.—Upon the establishment of the
standards required in section 1122, the Secretary shall
revise the formula established under this subsection to
reflect the cost of funding such standards.
‘‘(B) REVIEW OF FORMULA.—Not later than January
1, 2003, the Secretary shall review the formula established
under this section and shall take such steps as are necessary to increase the availability of counseling and therapeutic programs for students in off-reservation home-living
(dormitory) schools and other Bureau-operated residential
facilities.
‘‘(C) REVIEW OF STANDARDS.—Concurrent with such
action, the Secretary shall review the standards established
under section 1122 to be certain that adequate provision
is made for parental notification regarding, and consent
for, such counseling and therapeutic programs.
‘‘(b) PRO RATA ALLOTMENT.—Notwithstanding any other provision of law, Federal funds appropriated for the general local operation of Bureau-funded schools shall be allotted pro rata in accordance with the formula established under subsection (a).
‘‘(c) ANNUAL ADJUSTMENT; RESERVATION OF AMOUNT FOR
SCHOOL BOARD ACTIVITIES.—
‘‘(1) ANNUAL ADJUSTMENT.—For fiscal year 2003, and for
each subsequent fiscal year, the Secretary shall adjust the
formula established under subsection (a) to ensure that the
formula does the following:
‘‘(A) Uses a weighted unit of 1.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the
school in considering the number of eligible Indian students
served by the school.
‘‘(B) Considers a school with an enrollment of less
than 50 eligible Indian students as having an average
daily attendance of 50 eligible Indian students for purposes
of implementing the adjustment factor for small schools.
‘‘(C) Takes into account the provision of residential
services on less than a 9-month basis at a school when

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the school board and supervisor of the school determine
that a less than 9-month basis will be implemented for
the school year involved.
‘‘(D) Uses a weighted unit of 2.0 for each eligible Indian
student that—
‘‘(i) is gifted and talented; and
‘‘(ii) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students
served by the school.
‘‘(E) Uses a weighted unit of 0.25 for each eligible
Indian student who is enrolled in a year-long credit course
in an Indian or Native language as part of the regular
curriculum of a school, in considering the number of eligible
Indian students served by such school. The adjustment
required under this subparagraph shall be used for such
school after—
‘‘(i) the certification of the Indian or Native language curriculum by the school board of such school
to the Secretary, together with an estimate of the
number of full-time students expected to be enrolled
in the curriculum in the second school year for which
the certification is made; and
(ii) the funds appropriated for allotment under
this section are designated by the appropriations Act
appropriating such funds as the amount necessary to
implement such adjustment at such school without
reducing allotments made under this section to any
school by virtue of such adjustment.
‘‘(2) RESERVATION OF AMOUNT.—
‘‘(A) IN GENERAL.—From the funds allotted in accordance with the formula established under subsection (a)
for each Bureau school, the local school board of such
school may reserve an amount which does not exceed the
greater of—
‘‘(i) $8,000; or
‘‘(ii) the lesser of—
‘‘(I) $15,000; or
‘‘(II) 1 percent of such allotted funds,
for school board activities for such school, including (notwithstanding any other provision of law) meeting expenses
and the cost of membership in, and support of, organizations engaged in activities on behalf of Indian education.
‘‘(B) TRAINING.—
‘‘(i) IN GENERAL.—Each local school board, and any
agency school board that serves as a local school board
for any grant or contract school, shall ensure that
each individual who is a new member of the school
board receives, within 1 year after the individual
becomes a member of the school board, 40 hours of
training relevant to that individual’s service on the
board.
‘‘(ii) TYPES OF TRAINING.—Such training may
include training concerning legal issues pertaining to
Bureau-funded schools, legal issues pertaining to
school boards, ethics, and other topics determined to
be appropriate by the school board.

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‘‘(iii) RECOMMENDATION.—The training described
in this subparagraph shall not be required, but is
recommended, for a tribal governing body that serves
in the capacity of a school board.
‘‘(d) RESERVATION OF AMOUNT FOR EMERGENCIES.—
‘‘(1) IN GENERAL.—The Secretary shall reserve from the
funds available for distribution for each fiscal year under this
section an amount that, in the aggregate, equals 1 percent
of the funds available for such purpose for that fiscal year,
to be used, at the discretion of the Director of the Office
of Indian Education Programs, to meet emergencies and unforeseen contingencies affecting the education programs funded
under this section.
‘‘(2) USE OF FUNDS.—Funds reserved under this subsection
may be expended only for education services or programs,
including emergency repairs of educational facilities, at a
schoolsite (as defined by section 5204(c)(2) of the Tribally Controlled Schools Act of 1988).
‘‘(3) AVAILABILITY OF FUNDS.—Funds reserved under this
subsection shall remain available without fiscal year limitation
until expended. However, the aggregate amount available from
all fiscal years may not exceed 1 percent of the current year
funds.
‘‘(4) REPORT.—When the Secretary makes funds available
under this subsection, the Secretary shall report such action
to the appropriate committees of Congress within the annual
budget submission.
‘‘(e) SUPPLEMENTAL APPROPRIATIONS.—Supplemental appropriations enacted to meet increased pay costs attributable to school
level personnel shall be distributed under this section.
‘‘(f) ELIGIBLE INDIAN STUDENT DEFINED.—In this section, the
term ‘eligible Indian student’ means a student who—
‘‘(1) is a member of, or is at least one-fourth degree Indian
blood descendant of a member of, a tribe that is eligible for
the special programs and services provided by the United States
through the Bureau to Indians because of their status as
Indians;
‘‘(2) resides on or near a reservation or meets the criteria
for attendance at a Bureau off-reservation home-living school;
and
‘‘(3) is enrolled in a Bureau-funded school.
‘‘(g) TUITION.—
‘‘(1) IN GENERAL.—No eligible Indian student or a student
attending a Bureau school under paragraph (2)(C) may be
charged tuition for attendance at a Bureau school or contract
or grant school.
‘‘(2) ATTENDANCE OF NON-INDIAN STUDENTS AT BUREAU
SCHOOLS.—The Secretary may permit the attendance at a
Bureau school of a student who is not an eligible Indian student
if—
‘‘(A) the Secretary determines that the student’s
attendance will not adversely affect the school’s program
for eligible Indian students because of cost, overcrowding,
or violation of standards or accreditation;
‘‘(B) the school board consents;

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‘‘(C) the student is a dependent of a Bureau, Indian
Health Service, or tribal government employee who lives
on or near the school site; or
‘‘(D) tuition is paid for the student that is not more
than the tuition charged by the nearest public school district for out-of-district students and shall be in addition
to the school’s allocation under this section.
‘‘(3) ATTENDANCE OF NON-INDIAN STUDENTS AT CONTRACT
AND GRANT SCHOOLS.—The school board of a contract or grant
school may permit students who are not eligible Indian students
under this subsection to attend its contract school or grant
school. Any tuition collected for those students shall be in
addition to funding received under this section.
‘‘(h) FUNDS AVAILABLE WITHOUT FISCAL YEAR LIMITATION.—
Notwithstanding any other provision of law, at the election of
the school board of a Bureau school made at any time during
the fiscal year, a portion equal to not more than 15 percent of
the funds allocated with respect to a school under this section
for any fiscal year shall remain available to the school for expenditure without fiscal year limitation. The Assistant Secretary shall
take such steps as are necessary to implement this subsection.
‘‘(i) STUDENTS AT RICHFIELD DORMITORY, RICHFIELD, UTAH.—
‘‘(1) IN GENERAL.—Tuition for the instruction of each outof-State Indian student in a home-living situation at the Richfield dormitory in Richfield, Utah, who attends Sevier County
high schools in Richfield, Utah, for an academic year, shall
be paid from Indian school equalization program funds authorized in this section and section 1129, at a rate not to exceed
the weighted amount provided for under subsection (b) for
a student for that year.
‘‘(2) NO ADMINISTRATIVE COST FUNDS.—No additional
administrative cost funds shall be provided under this part
to pay for administrative costs relating to the instruction of
the students.
25 USC 2008.

‘‘SEC. 1128. ADMINISTRATIVE COST GRANTS.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ADMINISTRATIVE COST.—
‘‘(A) IN GENERAL.—The term ‘administrative cost’
means the cost of necessary administrative functions
which—
‘‘(i) the tribe or tribal organization incurs as a
result of operating a tribal elementary or secondary
educational program;
‘‘(ii) are not customarily paid by comparable
Bureau-operated programs out of direct program funds;
and
‘‘(iii) are either—
‘‘(I) normally provided for comparable Bureau
programs by Federal officials using resources other
than Bureau direct program funds; or
‘‘(II) are otherwise required of tribal self-determination program operators by law or prudent
management practice.
‘‘(B) INCLUSIONS.—The term ‘administrative cost’ may
include—

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‘‘(i) contract or grant (or other agreement) administration;
‘‘(ii) executive, policy, and corporate leadership and
decisionmaking;
‘‘(iii) program planning, development, and management;
‘‘(iv) fiscal, personnel, property, and procurement
management;
‘‘(v) related office services and record keeping; and
‘‘(vi) costs of necessary insurance, auditing, legal,
safety and security services.
‘‘(2) BUREAU ELEMENTARY AND SECONDARY FUNCTIONS.—
The term ‘Bureau elementary and secondary functions’ means—
‘‘(A) all functions funded at Bureau schools by the
Office;
‘‘(B) all programs—
‘‘(i) funds for which are appropriated to other agencies of the Federal Government; and
‘‘(ii) which are administered for the benefit of
Indians through Bureau schools; and
‘‘(C) all operation, maintenance, and repair funds for
facilities and Government quarters used in the operation
or support of elementary and secondary education functions
for the benefit of Indians, from whatever source derived.
‘‘(3) DIRECT COST BASE.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
subparagraph (B), the direct cost base of a tribe or tribal
organization for the fiscal year is the aggregate direct
cost program funding for all tribal elementary or secondary
educational programs operated by the tribe or tribal
organization during—
‘‘(i) the second fiscal year preceding such fiscal
year; or
‘‘(ii) if such programs have not been operated by
the tribe or tribal organization during the 2 preceding
fiscal years, the first fiscal year preceding such fiscal
year.
‘‘(B) FUNCTIONS NOT PREVIOUSLY OPERATED.—In the
case of Bureau elementary or secondary education functions
which have not previously been operated by a tribe or
tribal organization under contract, grant, or agreement
with the Bureau, the direct cost base for the initial year
shall be the projected aggregate direct cost program funding
for all Bureau elementary and secondary functions to be
operated by the tribe or tribal organization during that
fiscal year.
‘‘(4) MAXIMUM BASE RATE.—The term ‘maximum base rate’
means 50 percent.
‘‘(5) MINIMUM BASE RATE.—The term ‘minimum base rate’
means 11 percent.
‘‘(6) STANDARD DIRECT COST BASE.—The term ‘standard
direct cost base’ means $600,000.
‘‘(7) TRIBAL ELEMENTARY OR SECONDARY EDUCATIONAL PROGRAMS.—The term ‘tribal elementary or secondary educational
programs’ means all Bureau elementary and secondary functions, together with any other Bureau programs or portions

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PUBLIC LAW 107–110—JAN. 8, 2002
of programs (excluding funds for social services that are appropriated to agencies other than the Bureau and are funded
through the Bureau, funds for major subcontracts, construction,
and other major capital expenditures, and unexpended funds
carried over from prior years) which share common administrative cost functions, that are operated directly by a tribe or
tribal organization under a contract, grant, or agreement with
the Bureau.
‘‘(b) GRANTS; EFFECT UPON APPROPRIATED AMOUNTS.—
‘‘(1) GRANTS.—Subject to the availability of funds, the Secretary shall provide grants to each tribe or tribal organization
operating a contract school or grant school in the amount
determined under this section with respect to the tribe or
tribal organization for the purpose of paying the administrative
and indirect costs incurred in operating contract or grant
schools, provided that no school operated as a stand-alone
institution shall receive less than $200,000 per year for these
purposes, in order to—
‘‘(A) enable tribes and tribal organizations operating
such schools, without reducing direct program services to
the beneficiaries of the program, to provide all related
administrative overhead services and operations necessary
to meet the requirements of law and prudent management
practice; and
‘‘(B) carry out other necessary support functions which
would otherwise be provided by the Secretary or other
Federal officers or employees, from resources other than
direct program funds, in support of comparable Bureauoperated programs.
‘‘(2) EFFECT UPON APPROPRIATED AMOUNTS.—Amounts
appropriated to fund the grants provided under this section
shall be in addition to, and shall not reduce, the amounts
appropriated for the program being administered by the contract or grant school.
‘‘(c) DETERMINATION OF GRANT AMOUNT.—
‘‘(1) IN GENERAL.—The amount of the grant provided to
each tribe or tribal organization under this section for each
fiscal year shall be determined by applying the administrative
cost percentage rate of the tribe or tribal organization to the
aggregate of the Bureau elementary and secondary functions
operated by the tribe or tribal organization for which funds
are received from or through the Bureau.
‘‘(2) DIRECT COST BASE FUNDS.—The Secretary shall—
‘‘(A) reduce the amount of the grant determined under
paragraph (1) to the extent that payments for administrative costs are actually received by an Indian tribe or tribal
organization under any Federal education program
included in the direct cost base of the tribe or tribal
organization; and
‘‘(B) take such actions as may be necessary to be
reimbursed by any other department or agency of the Federal Government for the portion of grants made under
this section for the costs of administering any program
for Indians that is funded by appropriations made to such
other department or agency.
‘‘(d) ADMINISTRATIVE COST PERCENTAGE RATE.—

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115 STAT. 2035

‘‘(1) IN GENERAL.—For purposes of this section, the administrative cost percentage rate for a contract or grant school for
a fiscal year is equal to the percentage determined by dividing—
‘‘(A) the sum of—
‘‘(i) the amount equal to—
‘‘(I) the direct cost base of the tribe or tribal
organization for the fiscal year, multiplied by
‘‘(II) the minimum base rate; plus
‘‘(ii) the amount equal to—
‘‘(I) the standard direct cost base; multiplied
by
‘‘(II) the maximum base rate; by
‘‘(B) the sum of—
‘‘(i) the direct cost base of the tribe or tribal
organization for the fiscal year; plus
‘‘(ii) the standard direct cost base.
‘‘(2) ROUNDING.—The administrative cost percentage rate
shall be determined to the 1⁄100 of a decimal point.
‘‘(3) APPLICABILITY.—The administrative cost percentage
rate determined under this subsection shall not apply to other
programs operated by the tribe or tribal organization.
‘‘(e) COMBINING FUNDS.—
‘‘(1) IN GENERAL.—Funds received by a tribe or contract
or grant school as grants under this section for tribal
elementary or secondary educational programs may be combined by the tribe or contract or grant school into a single
administrative cost account without the necessity of
maintaining separate funding source accounting.
‘‘(2) INDIRECT COST FUNDS.—Indirect cost funds for programs at the school which share common administrative services with tribal elementary or secondary educational programs
may be included in the administrative cost account described
in paragraph (1).
‘‘(f) AVAILABILITY OF FUNDS.—Funds received as grants under
this section with respect to tribal elementary or secondary education
programs shall remain available to the contract or grant school
without fiscal year limitation and without diminishing the amount
of any grants otherwise payable to the school under this section
for any fiscal year beginning after the fiscal year for which the
grant is provided.
‘‘(g) TREATMENT OF FUNDS.—Funds received as grants under
this section for Bureau-funded programs operated by a tribe or
tribal organization under a contract or agreement shall not be
taken into consideration for purposes of indirect cost underrecovery
and overrecovery determinations by any Federal agency for any
other funds, from whatever source derived.
‘‘(h) TREATMENT OF ENTITY OPERATING OTHER PROGRAMS.—
In applying this section and section 106 of the Indian Self-Determination and Education Assistance Act with respect to an Indian
tribe or tribal organization that—
‘‘(1) receives funds under this section for administrative
costs incurred in operating a contract or grant school or a
school operated under the Tribally Controlled Schools Act of
1988; and
‘‘(2) operates one or more other programs under a contract
or grant provided under the Indian Self-Determination and
Education Assistance Act,

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115 STAT. 2036

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the Secretary shall ensure that the Indian tribe or tribal organization is provided with the full amount of the administrative costs
that are associated with operating the contract or grant school,
and of the indirect costs, that are associated with all of such
other programs, except that funds appropriated for implementation
of this section shall be used only to supply the amount of the
grant required to be provided by this section.
‘‘(i) STUDIES FOR DETERMINATION OF FACTORS AFFECTING
COSTS; BASE RATES LIMITS; STANDARD DIRECT COST BASE; REPORT
TO CONGRESS.—
‘‘(1) STUDIES.—Not later than 120 days after the date of
enactment of the Native American Education Improvement Act
of 2001, the Director of the Office of Indian Education Programs
shall—
‘‘(A) conduct such studies as may be needed to establish
an empirical basis for determining relevant factors substantially affecting required administrative costs of tribal
elementary and secondary education programs, using the
formula set forth in subsection (c); and
‘‘(B) conduct a study to determine—
‘‘(i) a maximum base rate which ensures that the
amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the smallest tribal elementary or secondary
educational programs;
‘‘(ii) a minimum base rate which ensures that the
amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the largest tribal elementary or secondary
educational programs; and
‘‘(iii) a standard direct cost base which is the aggregate
direct cost funding level for which the percentage determined under subsection (d) will—
‘‘(I) be equal to the median between the maximum
base rate and the minimum base rate; and
‘‘(II) ensure that the amount of the grants provided
under this section will provide adequate (but not excessive) funding of the administrative costs of tribal
elementary or secondary educational programs closest
to the size of the program.
‘‘(2) GUIDELINES.—The studies required under paragraph
(1) shall—
‘‘(A) be conducted in full consultation (in accordance
with section 1131) with—
‘‘(i) the tribes and tribal organizations that are
affected by the application of the formula set forth
in subsection (c); and
‘‘(ii) all national and regional Indian organizations
of which such tribes and tribal organizations are typically members;
‘‘(B) be conducted onsite with a representative statistical sample of the tribal elementary or secondary educational programs under a contract entered into with a
nationally reputable public accounting and business consulting firm;

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‘‘(C) take into account the availability of skilled labor
commodities, business and automatic data processing services, related Indian preference and Indian control of education requirements, and any other market factors found
to substantially affect the administrative costs and efficiency of each such tribal elementary or secondary educational program studied in order to ensure that all
required administrative activities can reasonably be delivered in a cost effective manner for each such program,
given an administrative cost allowance generated by the
values, percentages, or other factors found in the studies
to be relevant in such formula;
‘‘(D) identify, and quantify in terms of percentages
of direct program costs, any general factors arising from
geographic isolation, or numbers of programs administered,
independent of program size factors used to compute a
base administrative cost percentage in such formula; and
‘‘(E) identify any other incremental cost factors
substantially affecting the costs of required administrative
cost functions at any of the tribal elementary or secondary
educational programs studied and determine whether the
factors are of general applicability to other such programs,
and (if so) how the factors may effectively be incorporated
into such formula.
‘‘(3) CONSULTATION WITH INSPECTOR GENERAL.—In carrying
out the studies required under this subsection, the Director
shall obtain the input of, and afford an opportunity to participate to, the Inspector General of the Department of the Interior.
‘‘(4) CONSIDERATION OF DELIVERY OF ADMINISTRATIVE SERVICES.—Determinations described in paragraph (2)(C) shall be
based on what is practicable at each location studied, given
prudent management practice, irrespective of whether required
administrative services were actually or fully delivered at these
sites, or whether other services were delivered instead, during
the period of the study.
‘‘(5) REPORT.—Upon completion of the studies conducted
under paragraph (1), the Director shall submit to Congress
a report on the findings of the studies, together with determinations based upon such studies that would affect the definitions
set forth under subsection (e) that are used in the formula
set forth in subsection (c).
‘‘(6) PROJECTION OF COSTS.—The Secretary shall include
in the Bureau’s justification for each appropriations request
beginning in the first fiscal year after the completion of the
studies conducted under paragraph (1), a projection of the
overall costs associated with the formula set forth in subsection
(c) for all tribal elementary or secondary education programs
which the Secretary expects to be funded in the fiscal year
for which the appropriations are sought.
‘‘(7) DETERMINATION OF PROGRAM SIZE.—For purposes of
this subsection, the size of tribal elementary or secondary educational programs is determined by the aggregate direct cost
program funding level for all Bureau-funded programs which
share common administrative cost functions.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section such sums as may be necessary.

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‘‘(2) REDUCTIONS.—If the total amount of funds necessary
to provide grants to tribes and tribal organizations in the
amounts determined under subsection (c) for a fiscal year
exceeds the amount of funds appropriated to carry out this
section for such fiscal year, the Secretary shall reduce the
amount of each grant determined under subsection (c) for such
fiscal year by an amount that bears the same relationship
to such excess as the amount of such grants determined under
subsection (c) bears to the total of all grants determined under
subsection (c) section for all tribes and tribal organizations
for such fiscal year.
‘‘(k) APPLICABILITY TO SCHOOLS OPERATING UNDER TRIBALLY
CONTROLLED SCHOOLS ACT OF 1988.—The provisions of this section
shall apply to schools operating under the Tribally Controlled
Schools Act of 1988.
‘‘(l) ADMINISTRATIVE COST GRANT BUDGET REQUESTS.—
‘‘(1) IN GENERAL.—Beginning with President’s annual
budget request under section 1105 of title 31, United States
Code for fiscal year 2002, and with respect to each succeeding
budget request, at the discretion of the Secretary, the Secretary
shall submit to the appropriate committees of Congress
information and funding requests for the full funding of
administrative costs grants required to be paid under this
section.
‘‘(2) REQUIREMENTS.—
‘‘(A) FUNDING FOR NEW CONVERSIONS TO CONTRACT OR
GRANT SCHOOL OPERATIONS.—With respect to a budget
request under paragraph (1), the amount required to provide full funding for an administrative cost grant for each
tribe or tribal organization expected to begin operation
of a Bureau-funded school as contract or grant school in
the academic year funded by such annual budget request,
the amount so required shall not be less than 10 percent
of the amount required for subparagraph (B).
‘‘(B) FUNDING FOR CONTINUING CONTRACT AND GRANT
SCHOOL OPERATIONS.—With respect to a budget request
under paragraph (1), the amount required to provide full
funding for an administrative cost grant for each tribe
or tribal organization operating a contract or grant school
at the time the annual budget request is submitted, which
amount shall include the amount of funds required to provide full funding for an administrative cost grant for each
tribe or tribal organization which began operation of a
contract or grant school with administrative cost grant
funds supplied from the amount described in subparagraph
(A).

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25 USC 2009.

‘‘SEC. 1129. DIVISION OF BUDGET ANALYSIS.

Deadline.

‘‘(a) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of the Native American Education Improvement Act
of 2001, the Secretary shall establish within the Office of Indian
Education Programs a Division of Budget Analysis (hereafter in
this section referred to as the ‘Division’). Such Division shall be
under the direct supervision and control of the Director of the
Office.
‘‘(b) FUNCTIONS.—In consultation with the tribal governing
bodies and tribal school boards, the Director of the Office, through

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the Division, shall conduct studies, surveys, or other activities to
gather demographic information on Bureau-funded schools and
project the amount necessary to provide Indian students in such
schools the educational program set forth in this part.
‘‘(c) ANNUAL REPORTS.—Not later than the date on which the
Assistant Secretary for Indian Affairs makes the annual budget
submission, for each fiscal year after the date of enactment of
the Native American Education Improvement Act of 2001, the
Director of the Office shall submit to the appropriate committees
of Congress (including the Appropriations committees), all Bureaufunded schools, and the tribal governing bodies of such schools,
a report that contains—
‘‘(1) projections, based upon the information gathered
pursuant to subsection (b) and any other relevant information,
of amounts necessary to provide Indian students in Bureaufunded schools the educational program set forth in this part;
‘‘(2) a description of the methods and formulas used to
calculate the amounts projected pursuant to paragraph (1);
and
‘‘(3) such other information as the Director of the Office
considers appropriate.
‘‘(d) USE OF REPORTS.—The Director of the Office and the
Assistant Secretary for Indian Affairs shall use the annual report
required by subsection (c) when preparing annual budget submissions.
‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.

‘‘(a) ESTABLISHMENT OF SYSTEM AND FORWARD FUNDING.—
‘‘(1) IN GENERAL.—The Secretary shall establish, by regulation adopted in accordance with section 1136, a system for
the direct funding and support of all Bureau-funded schools.
Such system shall allot funds in accordance with section 1127.
All amounts appropriated for distribution in accordance with
this section shall be made available in accordance with paragraph (2).
‘‘(2) TIMING FOR USE OF FUNDS.—
‘‘(A) AVAILABILITY.—For the purposes of affording adequate notice of funding available pursuant to the allotments
made under section 1127 and the allotments of funds for
operation and maintenance of facilities, amounts appropriated in an appropriations Act for any fiscal year for
such allotments—
‘‘(i) shall become available for obligation by the
affected schools on July 1 of the fiscal year for which
such allotments are appropriated without further
action by the Secretary; and
‘‘(ii) shall remain available for obligation through
the succeeding fiscal year.
‘‘(B) PUBLICATIONS.—The Secretary shall, on the basis
of the amounts appropriated as described in this
paragraph—
‘‘(i) publish, not later than July 1 of the fiscal
year for which the amounts are appropriated, information indicating the amount of the allotments to be
made to each affected school under section 1127, of
80 percent of such appropriated amounts; and

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Deadline.

25 USC 2010.
Regulations.

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‘‘(ii) publish, not later than September 30 of such
fiscal year, information indicating the amount of the
allotments to be made under section 1127, from the
remaining 20 percent of such appropriated amounts,
adjusted to reflect the actual student attendance.
‘‘(C) OVERPAYMENTS.—Any overpayments made to
tribal schools shall be returned to the Secretary not later
than 30 days after the final determination that the school
was overpaid pursuant to this section.
‘‘(3) LIMITATION.—
‘‘(A) EXPENDITURES.—Notwithstanding any other provision of law (including a regulation), the supervisor of a
Bureau-operated school may expend an aggregate of not
more than $50,000 of the amount allotted to the school
under section 1127 to acquire materials, supplies, equipment, operation services, maintenance services, and other
services for the school, and amounts received as operations
and maintenance funds, funds received from the Department of Education, or funds received from other Federal
sources, without competitive bidding if—
‘‘(i) the cost for any single item acquired does
not exceed $15,000;
‘‘(ii) the school board approves the acquisition;
‘‘(iii) the supervisor certifies that the cost is fair
and reasonable;
‘‘(iv) the documents relating to the acquisition
executed by the supervisor of the school or other school
staff cite this paragraph as authority for the acquisition; and
‘‘(v) the acquisition transaction is documented in
a journal maintained at the school that clearly identifies when the transaction occurred, the item that was
acquired and from whom, the price paid, the quantities
acquired, and any other information the supervisor
or the school board considers to be relevant.
‘‘(B) NOTICE.—Not later than 6 months after the date
of enactment of the Native American Education Improvement Act of 2001, the Secretary shall send notice of the
provisions of this paragraph to each supervisor of a Bureau
school and associated school board chairperson, the education line officer of each agency and area, and the Bureau
division in charge of procurement, at both the local and
national levels.
‘‘(C) APPLICATION AND GUIDELINES.—The Director of
the Office shall be responsible for—
‘‘(i) determining the application of this paragraph,
including the authorization of specific individuals to
carry out this paragraph;
‘‘(ii) ensuring that there is at least one such individual at each Bureau facility; and
‘‘(iii) the provision of guidelines on the use of this
paragraph and adequate training on such guidelines.
‘‘(4) EFFECT OF SEQUESTRATION ORDER.—If a sequestration
order issued under the Balanced Budget and Emergency Deficit
Control Act of 1985 reduces the amount of funds available
for allotment under section 1127 for any fiscal year by more

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than 7 percent of the amount of funds available for allotment
under such section during the preceding fiscal year—
‘‘(A) to fund allotments under section 1127, the Secretary, notwithstanding any other law, may use—
‘‘(i) funds appropriated for the operation of any
Bureau-funded school that is closed or consolidated;
and
‘‘(ii) funds appropriated for any program that has
been curtailed at any Bureau school; and
‘‘(B) the Secretary may waive the application of the
provisions of section 1121(h) with respect to the closure
or consolidation of a school, or the curtailment of a program
at a school, during such fiscal year if the funds described
in clauses (i) and (ii) of subparagraph (A) with respect
to such school are used to fund allotments made under
section 1127 for such fiscal year.
‘‘(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE OF FUNDS.—
‘‘(1) PLAN REQUIRED.—Each Bureau-operated school that
receives an allotment under section 1127 shall prepare a local
financial plan that specifies the manner in which the school
will expend the funds made available under the allotment
and ensures that the school will meet the accreditation requirements or standards for the school pursuant to section 1121.
‘‘(2) REQUIREMENT.—A local financial plan under paragraph
(1) shall comply with all applicable Federal and tribal laws.
‘‘(3) PREPARATION AND REVISION.—
‘‘(A) IN GENERAL.—The financial plan for a school under
subparagraph (A) shall be prepared by the supervisor of
the school in active consultation with the local school board
for the school.
‘‘(B) AUTHORITY OF SCHOOL BOARD.—The local school
board for each school shall have the authority to ratify,
reject, or amend such financial plan and, at the initiative
of the local school board or in response to the supervisor
of the school, to revise such financial plan to meet needs
not foreseen at the time of preparation of the financial
plan.
‘‘(4) ROLE OF SUPERVISOR.—The supervisor of the school—
‘‘(A) shall implement the decisions of the school board
relating to the financial plan under paragraph (1);
‘‘(B) shall provide the appropriate local union representative of the education employees of the school with
copies of proposed financial plans relating to the school
and all modifications and proposed modifications to the
plans, and at the same time submit such copies to the
local school board; and
‘‘(C) may appeal any such action of the local school
board to the appropriate education line officer of the Bureau
agency by filing a written statement describing the action
and the reasons the supervisor believes such action should
be overturned.
‘‘(5) STATEMENTS.—
‘‘(A) IN GENERAL.—A copy of each statement filed under
paragraph (4)(C) shall be submitted to the local school
board and such board shall be afforded an opportunity
to respond, in writing, to such appeal.

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‘‘(B) OVERTURNED ACTIONS.—After reviewing such written appeal and response, the appropriate education line
officer may, for good cause, overturn the action of the
local school board.
‘‘(C) TRANSMISSION OF DETERMINATION.—The appropriate education line officer shall transmit the determination of such appeal in the form of a written opinion to
such board and to such supervisor identifying the reasons
for overturning such action.
‘‘(c) TRIBAL DIVISION OF EDUCATION, SELF-DETERMINATION
GRANT AND CONTRACT FUNDS.—The Secretary may approve applications for funding tribal divisions of education and developing tribal
codes of education, from funds made available pursuant to section
103(a) of the Indian Self-Determination and Education Assistance
Act.
‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—In carrying out
this section, a local school board may request technical assistance
and training from the Secretary, and the Secretary shall, to the
maximum extent practicable, provide those services and make
appropriate provisions in the budget of the Office for the provision
of those services.
‘‘(e) SUMMER PROGRAM OF ACADEMIC AND SUPPORT SERVICES.—
‘‘(1) PLAN.—
‘‘(A) IN GENERAL.—A financial plan under subsection
(b) for a school may include, at the discretion of the local
administrator and the school board of such school, a provision for a summer program of academic and support services for students of the school.
‘‘(B) PREVENTION ACTIVITIES.—Any such program may
include activities related to the prevention of alcohol and
substance abuse.
‘‘(C) SUMMER USE.—The Assistant Secretary for Indian
Affairs shall provide for the use of any such school facility
during any summer in which such use is requested.
‘‘(2) USE OF OTHER FUNDS.—Notwithstanding any other
provision of law, funds authorized under the Act of April 16,
1934, and this Act may be used to augment the services provided in each summer program at the option, and under the
control, of the tribe or Indian controlled school receiving such
funds.
‘‘(3) TECHNICAL ASSISTANCE AND PROGRAM COORDINATION.—
The Assistant Secretary for Indian Affairs, acting through the
Director of the Office, shall—
‘‘(A) provide technical assistance and coordination for
any program described in paragraph (1); and
‘‘(B) to the extent practicable, encourage the coordination of such programs with any other summer programs
that might benefit Indian youth, regardless of the funding
source or administrative entity of any such program.
‘‘(f) COOPERATIVE AGREEMENTS.—
‘‘(1) IMPLEMENTATION.—
‘‘(A) IN GENERAL.—From funds allotted to a Bureau
school under section 1127, the Secretary shall, if specifically
requested by the appropriate tribal governing body, implement a cooperative agreement that is entered into between
the tribe, the Bureau, the local school board, and a local

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public school district that meets the requirements of paragraph (2) and involves the school.
‘‘(B) TERMS.—The tribe, the Bureau, the school board,
and the local public school district shall determine the
terms of an agreement entered into under subparagraph
(A).
‘‘(2) COORDINATION PROVISIONS.—An agreement under
paragraph (1) may, with respect to the Bureau school and
schools in the school district involved, encompass coordination
of all or any part of the following:
‘‘(A) The academic program and curriculum, unless
the Bureau school is accredited by a State or regional
accrediting entity and would not continue to be so accredited if the agreement encompassed the program and curriculum.
‘‘(B) Support services, including procurement and facilities maintenance.
‘‘(C) Transportation.
‘‘(3) EQUAL BENEFIT AND BURDEN.—
‘‘(A) IN GENERAL.—Each agreement entered into under
paragraph (1) shall confer a benefit upon the Bureau school
commensurate with the burden assumed by the school.
‘‘(B) LIMITATION.—Subparagraph (A) shall not be construed to require equal expenditures, or an exchange of
similar services, by the Bureau school and schools in the
school district.
‘‘(g) PRODUCT OR RESULT OF STUDENT PROJECTS.—Notwithstanding any other provision of law, in a case in which there
is agreement on action between the superintendent and the school
board of a Bureau-funded school, the product or result of a project
conducted in whole or in major part by a student may be given
to that student upon the completion of such project.
‘‘(h) MATCHING FUND REQUIREMENTS.—
‘‘(1) NOT CONSIDERED FEDERAL FUNDS.—Notwithstanding
any other provision of law, funds received by a Bureau-funded
school under this title for education-related activities (not
including funds for construction, maintenance, and facilities
improvement or repair) shall not be considered Federal funds
for the purposes of a matching funds requirement for any
Federal program.
‘‘(2) LIMITATION.—In considering an application from a
Bureau-funded school for participation in a program or project
that requires matching funds, the entity administering such
program or project or awarding such grant shall not give positive or negative weight to such application based solely on
the provisions of paragraph (1).
‘‘SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.

25 USC 2011.

‘‘(a) FACILITATION OF INDIAN CONTROL.—It shall be the policy
of the United States acting through the Secretary, in carrying
out the functions of the Bureau, to facilitate Indian control of
Indian affairs in all matters relating to education.
‘‘(b) CONSULTATION WITH TRIBES.—
‘‘(1) IN GENERAL.—All actions under this Act shall be done
with active consultation with tribes. The United States acting
through the Secretary and tribes shall work in a government-

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PUBLIC LAW 107–110—JAN. 8, 2002
to-government relationship to ensure quality education for all
tribal members.
‘‘(2) REQUIREMENTS.—
‘‘(A) DEFINITION OF CONSULTATION.—In this subsection,
the term ‘consultation’ means a process involving the open
discussion and joint deliberation of all options with respect
to potential issues or changes between the Bureau and
all interested parties.
‘‘(B) DISCUSSION AND JOINT DELIBERATION.—During
discussions and joint deliberations, interested parties
(including tribes and school officials) shall be given an
opportunity—
‘‘(i) to present issues (including proposals regarding
changes in current practices or programs) that will
be considered for future action by the Secretary; and
‘‘(ii) to participate and discuss the options presented, or to present alternatives, with the views and
concerns of the interested parties given effect unless
the Secretary determines, from information available
from or presented by the interested parties during
one or more of the discussions and deliberations, that
there is a substantial reason for another course of
action.
‘‘(C) EXPLANATION BY SECRETARY.—The Secretary shall
submit to any Member of Congress, within 18 days of
the receipt of a written request by such Member, a written
explanation of any decision made by the Secretary which
is not consistent with the views of the interested parties
described in subparagraph (B).

25 USC 2012.

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‘‘SEC. 1132. INDIAN EDUCATION PERSONNEL.

‘‘(a) IN GENERAL.—Chapter 51, subchapter III of chapter 53,
and chapter 63 of title 5, United States Code, relating to classification, pay and leave, respectively, and the sections of such title
relating to the appointment, promotion, hours of work, and removal
of civil service employees, shall not apply to educators or to education positions (as defined in subsection (p)).
‘‘(b) REGULATIONS.—Not later than 60 days after the date of
enactment of the Native American Education Improvement Act
of 2001, the Secretary shall prescribe regulations to carry out this
section. Such regulations shall provide for—
‘‘(1) the establishment of education positions;
‘‘(2) the establishment of qualifications for educators and
education personnel;
‘‘(3) the fixing of basic compensation for educators and
education positions;
‘‘(4) the appointment of educators;
‘‘(5) the discharge of educators;
‘‘(6) the entitlement of educators to compensation;
‘‘(7) the payment of compensation to educators;
‘‘(8) the conditions of employment of educators;
‘‘(9) the leave system for educators;
‘‘(10) the annual leave and sick leave for educators;
‘‘(11) the length of the school year applicable to education
positions described in subsection (a); and
‘‘(12) such additional matters as may be appropriate.
‘‘(c) QUALIFICATIONS OF EDUCATORS.—

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115 STAT. 2045

‘‘(1) REQUIREMENTS.—In prescribing regulations to govern
the qualifications of educators, the Secretary shall require
that—
‘‘(A) lists of qualified and interviewed applicants for
education positions be maintained in each agency and area
office of the Bureau from among individuals who have
applied at the agency or area level for an education position
or who have applied at the national level and have
indicated in such application an interest in working in
certain areas or agencies;
‘‘(B) a local school board shall have the authority to
waive on a case-by-case basis, any formal education or
degree qualifications established by regulation pursuant
to subsection (b)(2), in order for a tribal member to be
hired in an education position to teach courses on tribal
culture and language and that subject to subsection (e)(2),
a determination by a school board that such a person
be hired shall be instituted by the supervisor of the school
involved; and
‘‘(C) that it shall not be a prerequisite to the employment of an individual in an education position at the local
level that—
‘‘(i) such individual’s name appear on a list maintained pursuant to subparagraph (A); or
‘‘(ii) such individual have applied at the national
level for an education position.
‘‘(2) EXCEPTION FOR CERTAIN TEMPORARY EMPLOYMENT.—
The Secretary may authorize the temporary employment in
an education position of an individual who has not met the
certification standards established pursuant to regulations if
the Secretary determines that failure to do so would result
in that position remaining vacant.
‘‘(d) HIRING OF EDUCATORS.—
‘‘(1) REQUIREMENTS.—In prescribing regulations to govern
the appointment of educators, the Secretary shall require—
‘‘(A)(i)(I) that educators employed in a Bureau school
(other than the supervisor of the school) shall be hired
by the supervisor of the school; and
‘‘(II) in a case in which there are no qualified applicants
available to fill a vacancy at a Bureau school, the supervisor
may consult a list maintained pursuant to subsection
(c)(1)(A);
‘‘(ii) each supervisor of a Bureau school shall be hired
by the education line officer of the agency office of the
Bureau for the jurisdiction in which the school is located;
‘‘(iii) each educator employed in an agency office of
the Bureau shall be hired by the superintendent for education of the agency office; and
‘‘(iv) each education line officer and educator employed
in the office of the Director of the Office shall be hired
by the Director;
‘‘(B)(i) before an individual is employed in an education
position in a Bureau school by the supervisor of the school
(or, with respect to the position of supervisor, by the appropriate agency education line officer), the local school board
for the school shall be consulted; and

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(ii) that a determination by such school board, as
evidenced by school board records, that such individual
should or should not be so employed shall be instituted
by the supervisor (or with respect to the position of supervisor, by the superintendent for education of the agency
office);
‘‘(C)(i) before an individual is employed in an education
position in an agency or area office of the Bureau, the
appropriate agency school board shall be consulted; and
‘‘(ii) a determination by such school board, as evidenced
by school board records, that such individual should or
should not be employed shall be instituted by the superintendent for education of the agency office; and
‘‘(D) all employment decisions or actions be in compliance with all applicable Federal, State, and tribal laws.
‘‘(2) INFORMATION REGARDING APPLICATION AT NATIONAL
LEVEL.—
‘‘(A) IN GENERAL.—Any individual who applies at the
local level for an education position shall state on such
individual’s application whether or not such individual has
applied at the national level for an education position in
the Bureau.
‘‘(B) DETERMINATION OF ACCURACY.—If such individual
is employed at the local level, such individual’s name shall
be immediately forwarded to the Secretary, who shall, as
soon as practicable but in no event in more than 30 days,
ascertain the accuracy of the statement made by such
individual pursuant to subparagraph (A).
‘‘(C) FALSE STATEMENTS.—Notwithstanding subsection
(e), if the individual’s statement is found to have been
false, such individual, at the Secretary’s discretion, may
be disciplined or discharged.
‘‘(D) CONDITIONAL APPOINTMENT FOR NATIONAL PROVISION.—If the individual has applied at the national level
for an education position in the Bureau, the appointment
of such individual at the local level shall be conditional
for a period of 90 days, during which period the Secretary
may appoint a more qualified individual (as determined
by the Secretary) from the list maintained at the national
level pursuant to subsection (c)(1)(A)(ii) to the position
to which such individual was appointed.
‘‘(3) STATUTORY CONSTRUCTION.—Except as expressly provided, nothing in this section shall be construed as conferring
upon local school boards authority over, or control of, educators
at Bureau-funded schools or the authority to issue management
decisions.
‘‘(4) APPEALS.—
‘‘(A) BY SUPERVISOR.—
‘‘(i) IN GENERAL.—The supervisor of a school may
appeal to the appropriate agency education line officer
any determination by the local school board for the
school that an individual be employed, or not be
employed, in an education position in the school (other
than that of supervisor) by filing a written statement
describing the determination and the reasons the
supervisor believes such determination should be overturned.

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‘‘(ii) ACTION BY BOARD.—A copy of such statement
shall be submitted to the local school board and such
board shall be afforded an opportunity to respond,
in writing, to such appeal.
‘‘(iii) OVERTURNING OF DETERMINATION.—After
reviewing such written appeal and response, the education line officer may, for good cause, overturn the
determination of the local school board.
‘‘(iv) TRANSMISSION OF DETERMINATION.—The education line officer shall transmit the determination of
such appeal in the form of a written opinion to such
board and to such supervisor identifying the reasons
for overturning such determination.
‘‘(B) BY EDUCATION LINE OFFICER.—
‘‘(i) IN GENERAL.—The education line officer of an
agency office of the Bureau may appeal to the Director
of the Office any determination by the local school
board for the school that an individual be employed,
or not be employed, as the supervisor of a school by
filing a written statement describing the determination
and the reasons the supervisor believes such determination should be overturned.
‘‘(ii) ACTION BY BOARD.—A copy of such statement
shall be submitted to the local school board and such
board shall be afforded an opportunity to respond,
in writing, to such appeal.
‘‘(iii) OVERTURNING OF DETERMINATION.—After
reviewing such written appeal and response, the
Director may, for good cause, overturn the determination of the local school board.
‘‘(iv) TRANSMISSION OF DETERMINATION.—The
Director shall transmit the determination of such
appeal in the form of a written opinion to such board
and to such education line officer identifying the reasons for overturning such determination.
‘‘(5) OTHER APPEALS.—
‘‘(A) IN GENERAL.—The education line officer of an
agency office of the Bureau may appeal to the Director
of the Office any determination by the agency school board
that an individual be employed, or not be employed, in
an education position in such agency office by filing a
written statement describing the determination and the
reasons the supervisor believes such determination should
be overturned.
‘‘(B) ACTION BY BOARD.—A copy of such statement shall
be submitted to the agency school board and such board
shall be afforded an opportunity to respond, in writing,
to such appeal.
‘‘(C)
OVERTURNING
OF
DETERMINATION.—After
reviewing such written appeal and response, the Director
may, for good cause, overturn the determination of the
agency school board.
‘‘(D) TRANSMISSION OF DETERMINATION.—The Director
shall transmit the determination of such appeal in the
form of a written opinion to such board and to such education line officer identifying the reasons for overturning
such determination.

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(e) DISCHARGE

AND

CONDITIONS

OF

EMPLOYMENT

OF

EDU-

CATORS.—

‘‘(1) REGULATIONS.—In promulgating regulations to govern
the discharge and conditions of employment of educators, the
Secretary shall require—
‘‘(A) that procedures shall be established for the rapid
and equitable resolution of grievances of educators;
‘‘(B) that no educator may be discharged without notice
of the reasons for the discharge and an opportunity for
a hearing under procedures that comport with the requirements of due process; and
‘‘(C) that each educator employed in a Bureau school
shall be notified 30 days prior to the end of an academic
year whether the employment contract of the individual
will be renewed for the following year.
‘‘(2) PROCEDURES FOR DISCHARGE.—
‘‘(A) DETERMINATIONS.—
‘‘(i) IN GENERAL.—Except as provided in clause
(iii), the supervisor of a Bureau school may discharge
(subject to procedures established under paragraph
(1)(B)) for cause (as determined under regulations prescribed by the Secretary) any educator employed in
such school.
‘‘(ii) NOTIFICATION OF BOARD.—On giving notice
to an educator of the supervisor’s intention to discharge
the educator, the supervisor shall immediately notify
the local school board of the proposed discharge.
‘‘(iii) DETERMINATION BY BOARD.—If the local school
board determines that such educator shall not be discharged, that determination shall be followed by the
supervisor.
‘‘(B) APPEALS.—
‘‘(i) IN GENERAL.—The supervisor shall have the
right to appeal to the education line officer of the
appropriate agency office of the Bureau a determination by a local school board under subparagraph (A)(iii),
as evidenced by school board records, not to discharge
an educator.
‘‘(ii) DECISION OF AGENCY EDUCATION LINE
OFFICER.—Upon hearing such an appeal, the agency
education line officer may, for good cause, issue a decision overturning the determination of the local school
board with respect to the employment of such individual.
‘‘(iii) FORM OF DECISION.—The education line
officer shall make the decision in writing and submit
the decision to the local school board.
‘‘(3) RECOMMENDATIONS OF SCHOOL BOARDS FOR DISCHARGE.—Each local school board for a Bureau school shall
have the right—
‘‘(A) to recommend to the supervisor that an educator
employed in the school be discharged; and
‘‘(B) to recommend to the education line officer of the
appropriate agency office of the Bureau and to the Director
of the Office, that the supervisor of the school be discharged.
‘‘(f) APPLICABILITY OF INDIAN PREFERENCE LAWS.—

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115 STAT. 2049

‘‘(1) APPLICABILITY.—
‘‘(A) IN GENERAL.—Notwithstanding any provision of
the Indian preference laws, such laws shall not apply in
the case of any personnel action carried out under this
section with respect to an applicant or employee not entitled to an Indian preference if each tribal organization
concerned—
‘‘(i) grants a written waiver of the application of
those laws with respect to the personnel action; and
‘‘(ii) states that the waiver is necessary.
‘‘(B) NO EFFECT ON RESPONSIBILITY OF BUREAU.—This
paragraph shall not be construed to relieve the responsibility of the Bureau to issue timely and adequate announcements and advertisements concerning any such personnel
action if such action is intended to fill a vacancy (no matter
how such vacancy is created).
‘‘(2) DEFINITIONS.—In this subsection:
‘‘(A) INDIAN PREFERENCE LAWS.—
‘‘(i) IN GENERAL.—The term ‘Indian preference
laws’ means section 12 of the Act of June 18, 1934
(48 Stat. 986, chapter 576) or any other provision of
law granting a preference to Indians in promotions
and other personnel actions.
‘‘(ii) EXCLUSION.—The term ‘Indian preference
laws’ does not include section 7(b) of the Indian SelfDetermination and Education Assistance Act.
‘‘(B) TRIBAL ORGANIZATION.—The term ‘tribal organization’ means—
‘‘(i) the recognized governing body of any Indian
tribe, band, nation, pueblo, or other organized community, including a Native village (as defined in section
3(c) of the Alaska Native Claims Settlement Act); or
‘‘(ii) in connection with any personnel action
referred to in this subsection, any local school board
to which the governing body has delegated the
authority to grant a waiver under this subsection with
respect to a personnel action.
‘‘(g) COMPENSATION OR ANNUAL SALARY.—
‘‘(1) IN GENERAL.—
‘‘(A) COMPENSATION FOR EDUCATORS AND EDUCATION
POSITIONS.—Except as otherwise provided in this section,
the Secretary shall establish the compensation or annual
salary rate for educators and education positions—
‘‘(i) at rates in effect under the General Schedule
for individuals with comparable qualifications, and
holding comparable positions, to whom chapter 51 of
title 5, United States Code, is applicable; or
‘‘(ii) on the basis of the Federal Wage System
schedule in effect for the locality involved, and for
the comparable positions, at the rates of compensation
in effect for the senior executive service.
‘‘(B) COMPENSATION OR SALARY FOR TEACHERS AND
COUNSELORS.—
‘‘(i) IN GENERAL.—The Secretary shall establish the
rate of compensation, or annual salary rate, for the
positions of teachers and counselors (including dormitory counselors and home-living counselors) at the

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PUBLIC LAW 107–110—JAN. 8, 2002
rate of compensation applicable (on the date of enactment of the Native American Education Improvement
Act of 2001 and thereafter) for comparable positions
in the overseas schools under the Defense Department
Overseas Teachers Pay and Personnel Practices Act.
‘‘(ii) ESSENTIAL PROVISIONS.—The Secretary shall
allow the local school boards involved authority to
implement only the aspects of the Defense Department
Overseas Teachers Pay and Personnel Practices Act
pay provisions that are considered essential for recruitment and retention of teachers and counselors.
Implementation of such provisions shall not be construed to require the implementation of that entire
Act.
‘‘(C) RATES FOR NEW HIRES.—
‘‘(i) IN GENERAL.—Beginning with the first fiscal
year following the date of enactment of the Native
American Education Improvement Act of 2001, each
local school board of a Bureau school may establish
a rate of compensation or annual salary rate described
in clause (ii) for teachers and counselors (including
academic counselors) who are new hires at the school
and who had not worked at the school, as of the first
day of such fiscal year.
‘‘(ii) CONSISTENT RATES.—The rates established
under clause (i) shall be consistent with the rates
paid for individuals in the same positions, with the
same tenure and training, as the teachers and counselors, in any other school within whose boundaries
the Bureau school is located.
‘‘(iii) DECREASES.—In a case in which the establishment of rates under clause (i) causes a reduction in
compensation at a school from the rate of compensation
that was in effect for the first fiscal year following
the date of enactment of the Native American Education Improvement Act of 2001, the new rates of compensation may be applied to the compensation of
employees of the school who worked at the school as
of such date of enactment by applying those rates
at each contract renewal for the employees so that
the reduction takes effect in three equal installments.
‘‘(iv) INCREASES.—In a case in which adoption of
rates under clause (i) leads to an increase in the payment of compensation from that which was in effect
for the fiscal year following the date of enactment
of the Native American Education Improvement Act
of 2001, the school board may make such rates
applicable at the next contract renewal such that—
‘‘(I) the increase occurs in its entirety; or
‘‘(II) the increase is applied in three equal
installments.
‘‘(D) USE OF REGULATIONS; CONTINUED EMPLOYMENT
OF CERTAIN EDUCATORS.—The establishment of rates of
basic compensation and annual salary rates under subparagraphs (B) and (C) shall not—
‘‘(i) preclude the use of regulations and procedures
used by the Bureau prior to April 28, 1988, in making

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determinations regarding promotions and advancements through levels of pay that are based on the
merit, education, experience, or tenure of the educator;
or
‘‘(ii) affect the continued employment or compensation of an educator who was employed in an education
position on October 31, 1979, and who did not make
an election under subsection (p) as in effect on January
1, 1990.
‘‘(2) POST DIFFERENTIAL RATES.—
‘‘(A) IN GENERAL.—The Secretary may pay a post differential rate, not to exceed 25 percent of the rate of compensation, for educators or education positions, on the basis
of conditions of environment or work that warrant additional pay, as a recruitment and retention incentive.
‘‘(B) SUPERVISOR’S AUTHORITY.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), on the request of the supervisor and the local
school board of a Bureau school, the Secretary shall
grant the supervisor of the school authorization to
provide one or more post differential rates under
subparagraph (A).
‘‘(ii) EXCEPTION.—The Secretary shall disapprove,
or approve with a modification, a request for authorization to provide a post differential rate if the Secretary
determines for clear and convincing reasons (and
advises the board in writing of those reasons) that
the rate should be disapproved or decreased because
the disparity of compensation between the appropriate
educators or positions in the Bureau school, and the
comparable educators or positions at the nearest public
school, is—
‘‘(I)(aa) at least 5 percent; or
‘‘(bb) less than 5 percent; and
‘‘(II) does not affect the recruitment or retention of employees at the school.
‘‘(iii) APPROVAL OF REQUESTS.—A request made
under clause (i) shall be considered to be approved
at the end of the 60th day after the request is received
in the Central Office of the Bureau unless before that
time the request is approved, approved with a modification, or disapproved by the Secretary.
‘‘(iv) DISCONTINUATION OF OR DECREASE IN
RATES.—The Secretary or the supervisor of a Bureau
school may discontinue or decrease a post differential
rate provided for under this paragraph at the beginning
of an academic year if—
‘‘(I) the local school board requests that such
differential be discontinued or decreased; or
‘‘(II) the Secretary or the supervisor, respectively, determines for clear and convincing reasons
(and advises the board in writing of those reasons)
that there is no disparity of compensation that
would affect the recruitment or retention of
employees at the school after the differential is
discontinued or decreased.

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‘‘(v) REPORTS.—On or before February 1 of each
year, the Secretary shall submit to Congress a report
describing the requests and approvals of authorization
made under this paragraph during the previous year
and listing the positions receiving post differential
rates under contracts entered into under those
authorizations.
‘‘(h) LIQUIDATION OF REMAINING LEAVE UPON TERMINATION.—
Upon termination of employment with the Bureau, any annual
leave remaining to the credit of an individual covered by this
section shall be liquidated in accordance with sections 5551(a) and
6306 of title 5, United States Code, except that leave earned or
accrued under regulations promulgated pursuant to subsection
(b)(10) shall not be so liquidated.
‘‘(i) TRANSFER OF REMAINING SICK LEAVE UPON TRANSFER, PROMOTION, OR REEMPLOYMENT.—In the case of any educator who
is transferred, promoted, or reappointed, without break in service,
to a position in the Federal Government under a different leave
system, any remaining leave to the credit of such person earned
or credited under the regulations promulgated pursuant to subsection (b)(10) shall be transferred to such person’s credit in the
employing agency on an adjusted basis in accordance with regulations which shall be promulgated by the Office of Personnel Management.
‘‘(j) INELIGIBILITY FOR EMPLOYMENT OF VOLUNTARILY TERMINATED EDUCATORS.—An educator who voluntarily terminates
employment with the Bureau before the expiration of the existing
employment contract between such educator and the Bureau shall
not be eligible to be employed in another education position in
the Bureau during the remainder of the term of such contract.
‘‘(k) DUAL COMPENSATION.—In the case of any educator
employed in an education position described in subsection (l)(1)(A)
who—
‘‘(1) is employed at the close of a school year;
‘‘(2) agrees in writing to serve in such position for the
next school year; and
‘‘(3) is employed in another position during the recess period
immediately preceding such next school year, or during such
recess period receives additional compensation referred to in
section 5533 of title 5, United States Code, relating to dual
compensation,
shall not apply to such educator by reason of any such employment
during a recess period for any receipt of additional compensation.
‘‘(l) VOLUNTARY SERVICES.—
‘‘(1) IN GENERAL.—Notwithstanding section 1342 of title
31, United States Code, the Secretary may, subject to the
approval of the local school board concerned, accept voluntary
services on behalf of Bureau schools.
‘‘(2) FEDERAL EMPLOYEE PROTECTION.—Nothing in this part
requires Federal employees to work without compensation or
allows the use of volunteer services to displace or replace Federal employees.
‘‘(3) FEDERAL STATUS.—An individual providing volunteer
services under this section is a Federal employee only for purposes of chapter 81 of title 5, United States Code, and chapter
171 of title 28, United States Code.
‘‘(m) PRORATION OF PAY.—

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‘‘(1) ELECTION OF EMPLOYEE.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, including laws relating to dual compensation,
the Secretary, at the election of the employee, shall prorate
the salary of an employee employed in an education position
for the academic school year over the entire 12-month
period.
‘‘(B) ELECTION.—Each educator employed for the academic school year shall annually elect to be paid on a
12-month basis or for those months while school is in
session.
‘‘(C) NO LOSS OF PAY OR BENEFITS.—No educator shall
suffer a loss of pay or benefits, including benefits under
unemployment or other Federal or federally assisted programs, because of such election.
‘‘(2) CHANGE OF ELECTION.—During the course of such year
the employee may change election once.
‘‘(3) LUMP SUM PAYMENT.—That portion of the employee’s
pay which would be paid between academic school years may
be paid in a lump sum at the election of the employee.
‘‘(4) NONAPPLICABILITY.—This subsection applies to those
individuals employed under the provisions of section 1132 of
this title or title 5, United States Code.
‘‘(5) DEFINITIONS.—For purposes of this subsection, the
terms ‘educator’ and ‘education position’ have the meanings
contained in paragraphs (1) and (2) of subsection (o).
‘‘(n) EXTRACURRICULAR ACTIVITIES.—
‘‘(1) STIPEND.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may provide, for each Bureau
area, a stipend in lieu of overtime premium pay or compensatory time off.
‘‘(B) PROVISION TO EMPLOYEES.—Any employee of the
Bureau who performs additional activities to provide services to students or otherwise support the school’s academic
and social programs may elect to be compensated for all
such work on the basis of the stipend.
‘‘(C) NATURE OF STIPEND.—Such stipend shall be paid
as a supplement to the employee’s base pay.
‘‘(2) ELECTION NOT TO RECEIVE STIPEND.—If an employee
elects not to be compensated through the stipend established
by this subsection, the appropriate provisions of title 5, United
States Code, shall apply.
‘‘(3) APPLICABILITY OF SUBSECTION.—This subsection
applies to all Bureau employees, regardless of whether the
employee is employed under section 1132 of this title or title
5, United States Code.
‘‘(o) DEFINITIONS.—In this section:
‘‘(1) EDUCATION POSITION.—The term ‘education position’
means a position in the Bureau the duties and responsibilities
of which—
‘‘(A)(i) are performed on a school year basis principally
in a Bureau school; and
‘‘(ii) involve—
‘‘(I) classroom or other instruction or the supervision or direction of classroom or other instruction;

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‘‘(II) any activity (other than teaching) which
requires academic credits in educational theory and
practice equal to the academic credits in educational
theory and practice required for a bachelor’s degree
in education from an accredited institution of higher
education;
‘‘(III) any activity in or related to the field of
education notwithstanding that academic credits in
educational theory and practice are not a formal
requirement for the conduct of such activity; or
‘‘(IV) support services at, or associated with, the
site of the school; or
‘‘(B) are performed at the agency level of the Bureau
and involve the implementation of education-related programs other than the position for agency superintendent
for education.
‘‘(2) EDUCATOR.—The term ‘educator’ means an individual
whose services are required, or who is employed, in an education position.
‘‘(p) COVERED INDIVIDUALS; ELECTION.—This section shall apply
with respect to any educator hired after November 1, 1979 (and
to any educator who elected for coverage under that provision
after November 1, 1979) and to the position in which such individual
is employed. The enactment of this section shall not affect the
continued employment of an individual employed on October 31,
1979, in an education position, or such person’s right to receive
the compensation attached to such position.
‘‘(q) FURLOUGH WITHOUT CONSENT.—
‘‘(1) IN GENERAL.—An educator who was employed in an
education position on October 31, 1979, who was eligible to
make an election under subsection (p) at that time, and who
did not make the election under such subsection, may not
be placed on furlough (within the meaning of section 7511(a)(5)
of title 5, United States Code, without the consent of such
educator for an aggregate of more than 4 weeks within the
same calendar year, unless—
‘‘(A) the supervisor, with the approval of the local
school board (or of the education line officer upon appeal
under paragraph (2)), of the Bureau school at which such
educator provides services determines that a longer period
of furlough is necessary due to an insufficient amount
of funds available for personnel compensation at such
school, as determined under the financial plan process as
determined under section 1129(b); and
‘‘(B) all educators (other than principals and clerical
employees) providing services at such Bureau school are
placed on furloughs of equal length, except that the supervisor, with the approval of the local school board (or of
the agency education line officer upon appeal under paragraph (2)), may continue one or more educators in pay
status if—
‘‘(i) such educators are needed to operate summer
programs, attend summer training sessions, or participate in special activities including curriculum development committees; and

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‘‘(ii) such educators are selected based upon such
educator’s qualifications after public notice of the minimum qualifications reasonably necessary and without
discrimination as to supervisory, nonsupervisory, or
other status of the educators who apply.
‘‘(2) APPEALS.—The supervisor of a Bureau school may
appeal to the appropriate agency education line officer any
refusal by the local school board to approve any determination
of the supervisor that is described in paragraph (1)(A) by filing
a written statement describing the determination and the reasons the supervisor believes such determination should be
approved. A copy of such statement shall be submitted to the
local school board and such board shall be afforded an opportunity to respond, in writing, to such appeal. After reviewing
such written appeal and response, the education line officer
may, for good cause, approve the determination of the supervisor. The educational line officer shall transmit the determination of such appeal in the form of a written opinion to such
local school board and to the supervisor identifying the reasons
for approving such determination.
‘‘(r) STIPENDS.—The Secretary is authorized to provide annual
stipends to teachers who become certified by the National Board
of Professional Teaching Standards, the National Council on
Teacher Quality, or other nationally recognized certification or
credentialing organizations.
‘‘SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION SYSTEM.

25 USC 2013.

‘‘(a) IN GENERAL.—Not later than 12 months after the date
of enactment of the Native American Education Improvement Act
of 2001, the Secretary shall update the computerized management
information system within the Office. The information to be updated
shall include information regarding—
‘‘(1) student enrollment;
‘‘(2) curricula;
‘‘(3) staffing;
‘‘(4) facilities;
‘‘(5) community demographics;
‘‘(6) student assessment information;
‘‘(7) information on the administrative and program costs
attributable to each Bureau program, divided into discrete elements;
‘‘(8) relevant reports;
‘‘(9) personnel records;
‘‘(10) finance and payroll; and
‘‘(11) such other items as the Secretary determines to be
appropriate.
‘‘(b) IMPLEMENTATION OF SYSTEM.—Not later than July 1, 2003,
the Secretary shall complete the implementation of the updated
computerized management information system at each Bureau field
office and Bureau-funded school.

Deadline.

‘‘SEC. 1134. RECRUITMENT OF INDIAN EDUCATORS.

25 USC 2014.

Deadline.

‘‘The Secretary shall institute a policy for the recruitment of
qualified Indian educators and a detailed plan to promote employees
from within the Bureau. Such plan shall include opportunities
for acquiring work experience prior to actual work assignment.

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115 STAT. 2056
25 USC 2015.

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 1135. ANNUAL REPORT; AUDITS.

‘‘(a) ANNUAL REPORTS.—The Secretary shall submit to each
appropriate committee of Congress, all Bureau-funded schools, and
the tribal governing bodies of such schools, a detailed annual report
on the state of education within the Bureau, and any problems
encountered in Indian education during the period covered by the
report, that includes—
‘‘(1) suggestions for the improvement of the Bureau educational system and for increasing tribal or local Indian control
of such system; and
‘‘(2) information on the status of tribally controlled community colleges.
‘‘(b) BUDGET REQUEST.—The annual budget request for the
education programs of the Bureau, as submitted as part of the
President’s next annual budget request under section 1105 of title
31, United States Code, shall include the plans required by sections
1121(c), 1122(c), and 1124(c).
‘‘(c) FINANCIAL AND COMPLIANCE AUDITS.—The Inspector General of the Department of the Interior shall establish a system
to ensure that financial and compliance audits, based upon the
extent to which a school described in subsection (a) has complied
with the local financial plan under section 1130, are conducted
of each Bureau-operated school at least once every 3 years.
‘‘(d) ADMINISTRATIVE EVALUATION OF SCHOOLS.—The Director
shall, at least once every 3 to 5 years, conduct a comprehensive
evaluation of Bureau-operated schools. Such evaluation shall be
in addition to any other program review or evaluation that may
be required under Federal law.
25 USC 2016.

‘‘SEC. 1136. RIGHTS OF INDIAN STUDENTS.

Regulations.

‘‘The Secretary shall prescribe such rules and regulations as
are necessary to ensure the constitutional and civil rights of Indian
students attending Bureau-funded schools, including such students’
rights to—
‘‘(1) privacy under the laws of the United States;
‘‘(2) freedom of religion and expression; and
‘‘(3) due process in connection with disciplinary actions,
suspensions, and expulsions.

25 USC 2017.

‘‘SEC. 1137. REGULATIONS.

Federal Register,
publication.
Deadline.

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‘‘(a) PROMULGATION.—
‘‘(1) IN GENERAL.—The Secretary may promulgate only such
regulations—
‘‘(A) as are necessary to ensure compliance with the
specific provisions of this part; and
‘‘(B) as the Secretary is authorized to promulgate
pursuant to section 5211 of the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2510).
‘‘(2) PUBLICATION.—In promulgating the regulations, the
Secretary shall—
‘‘(A) publish proposed regulations in the Federal Register; and
‘‘(B) provide a period of not less than 120 days for
public comment and consultation on the regulations.
‘‘(3) CITATION.—The regulations shall contain, immediately
following each regulatory section, a citation to any statutory

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115 STAT. 2057

provision providing authority to promulgate such regulatory
section.
‘‘(b) MISCELLANEOUS.—The provisions of this Act shall supersede any conflicting provisions of law (including any conflicting
regulations) in effect on the day before the date of enactment
of this Act and the Secretary is authorized to repeal any regulation
inconsistent with the provisions of this Act.
‘‘SEC. 1138. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.

‘‘(a) REGIONAL MEETINGS.—Prior to publishing any proposed
regulations under subsection (b)(1), and prior to establishing the
negotiated rulemaking committee under subsection (b)(3), the Secretary shall convene regional meetings to consult with personnel
of the Office of Indian Education Programs, educators at Bureau
schools, and tribal officials, parents, teachers, administrators, and
school board members of tribes served by Bureau-funded schools
to provide guidance to the Secretary on the content of regulations
authorized to be promulgated under this part and the Tribally
Controlled Schools Act of 1988.
‘‘(b) NEGOTIATED RULEMAKING.—
‘‘(1) IN GENERAL.—Notwithstanding sections 563(a) and
565(a) of title 5, United States Code, the Secretary shall promulgate regulations authorized under subsection (a) and under
the Tribally Controlled Schools Act of 1988, in accordance with
the negotiated rulemaking procedures provided for under subchapter III of chapter 5 of title 5, United States Code, and
shall publish final regulations in the Federal Register.
‘‘(2) NOTIFICATION TO CONGRESS.—If draft regulations
implementing this part and the Tribally Controlled Schools
Act of 1988 are not promulgated in final form within 18 months
after the date of enactment of the Native American Education
Improvement Act of 2001, the Secretary shall notify the appropriate committees of Congress of which draft regulations were
not promulgated in final form by the deadline and the reason
such final regulations were not promulgated.
‘‘(3) RULEMAKING COMMITTEE.—The Secretary shall establish a negotiated rulemaking committee to carry out this subsection. In establishing such committee, the Secretary shall—
‘‘(A) apply the procedures provided for under subchapter III of chapter 5 of title 5, United States Code,
in a manner that reflects the unique government-to-government relationship between Indian tribes and the United
States;
‘‘(B) ensure that the membership of the committee
includes only representatives of the Federal Government
and of tribes served by Bureau-funded schools;
‘‘(C) select the tribal representatives of the committee
from among individuals nominated by the representatives
of the tribal and tribally operated schools;
‘‘(D) ensure, to the maximum extent possible, that the
tribal representative membership on the committee reflects
the proportionate share of students from tribes served by
the Bureau-funded school system; and
‘‘(E) comply with the Federal Advisory Committee Act
(5 U.S.C. App.).

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25 USC 2018.

Federal Register,
publication.

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PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(4) SPECIAL RULE.—The Secretary shall carry out this
section using the general administrative funds of the Department of the Interior. In accordance with subchapter III of
chapter 5 of title 5, United States Code, and section 7(d) of
the Federal Advisory Committee Act, payment of costs associated with negotiated rulemaking shall include the reasonable
expenses of committee members.
‘‘(c) APPLICATION OF SECTION.—
‘‘(1) SUPREMACY OF PROVISIONS.—The provisions of this
section shall supersede any conflicting regulations in effect
on the day before the date of enactment of this part, and
the Secretary may repeal any regulation that is inconsistent
with the provisions of this part.
‘‘(2) MODIFICATIONS.—The Secretary may modify regulations promulgated under this section or the Tribally Controlled
Schools Act of 1988, only in accordance with this section.

25 USC 2019.

‘‘SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.

‘‘(a) IN GENERAL.—The Secretary shall provide grants to tribes,
tribal organizations, and consortia of tribes and tribal organizations
to fund early childhood development programs that are operated
by such tribes, organizations, or consortia.
‘‘(b) AMOUNT OF GRANTS.—
‘‘(1) IN GENERAL.—The total amount of the grants provided
under subsection (a) with respect to each tribe, tribal organization, or consortium of tribes or tribal organizations for each
fiscal year shall be equal to the amount which bears the same
relationship to the total amount appropriated under the
authority of subsection (g) for such fiscal year (less amounts
provided under subsection (f)) as—
‘‘(A) the total number of children under 6 years of age
who are members of—
‘‘(i) such tribe;
‘‘(ii) the tribe that authorized such tribal organization; or
‘‘(iii) any tribe that—
‘‘(I) is a member of such consortium; or
‘‘(II) authorizes any tribal organization that
is a member of such consortium; bears to
‘‘(B) the total number of all children under 6 years
of age who are members of any tribe that—
‘‘(i) is eligible to receive funds under subsection
(a);
‘‘(ii) is a member of a consortium that is eligible
to receive such funds; or
‘‘(iii) authorizes a tribal organization that is
eligible to receive such funds.
‘‘(2) LIMITATION.—No grant may be provided under subsection (a)—
‘‘(A) to any tribe that has less than 500 members;
‘‘(B) to any tribal organization which is authorized—
‘‘(i) by only one tribe that has less than 500 members; or
‘‘(ii) by one or more tribes that have a combined
total membership of less than 500 members; or

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‘‘(C) to any consortium composed of tribes, or tribal
organizations authorized by tribes, that have a combined
total tribal membership of less than 500 members.
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—A grant may be provided under subsection (a) to a tribe, tribal organization, or consortium of
tribes and tribal organizations only if the tribe, organization,
or consortium submits to the Secretary an application for the
grant at such time and in such form as the Secretary shall
prescribe.
‘‘(2) CONTENTS.—Applications submitted under paragraph
(1) shall set forth the early childhood development program
that the applicant desires to operate.
‘‘(d) REQUIREMENT OF PROGRAMS FUNDED.—The early childhood
development programs that are funded by grants provided under
subsection (a)—
‘‘(1) shall coordinate existing programs and may provide
services that meet identified needs of parents and children
under 6 years of age which are not being met by existing
programs, including—
‘‘(A) prenatal care;
‘‘(B) nutrition education;
‘‘(C) health education and screening;
‘‘(D) family literacy services;
‘‘(E) educational testing; and
‘‘(F) other educational services;
‘‘(2) may include instruction in the language, art, and culture of the tribe; and
‘‘(3) shall provide for periodic assessment of the program.
‘‘(e) COORDINATION OF FAMILY LITERACY PROGRAMS.—Family
literacy programs operated under this section and other family
literacy programs operated by the Bureau of Indian Affairs shall
be coordinated with family literacy programs for Indian children
under part B of title I of the Elementary and Secondary Education
Act of 1965 in order to avoid duplication and to encourage the
dissemination of information on quality family literacy programs
serving Indians.
‘‘(f) ADMINISTRATIVE COSTS.—The Secretary shall, out of funds
appropriated under subsection (g), include in the grants provided
under subsection (a) amounts for administrative costs incurred by
the tribe, tribal organization, or consortium of tribes in establishing
and maintaining the early childhood development program.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
‘‘SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDUCATION.

25 USC 2020.

‘‘(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary shall make grants and provide technical assistance
to tribes for the development and operation of tribal departments
or divisions of education for the purpose of planning and coordinating all educational programs of the tribe.
‘‘(b) APPLICATIONS.—For a tribe to be eligible to receive a grant
under this section, the governing body of the tribe shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.

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‘‘(c) DIVERSITY.—The Secretary shall award grants under this
section in a manner that fosters geographic and population diversity.
‘‘(d) USE.—Tribes that receive grants under this section shall
use the funds made available through the grants—
‘‘(1) to facilitate tribal control in all matters relating to
the education of Indian children on reservations (and on former
Indian reservations in Oklahoma);
‘‘(2) to provide for the development of coordinated educational programs (including all preschool, elementary, secondary, and higher or vocational educational programs funded
by tribal, Federal, or other sources) on reservations (and on
former Indian reservations in Oklahoma) by encouraging tribal
administrative support of all Bureau-funded educational programs as well as encouraging tribal cooperation and coordination with entities carrying out all educational programs
receiving financial support from other Federal agencies, State
agencies, or private entities; and
‘‘(3) to provide for the development and enforcement of
tribal educational codes, including tribal educational policies
and tribal standards applicable to curriculum, personnel, students, facilities, and support programs.
‘‘(e) PRIORITIES.—In making grants under this section, the Secretary shall give priority to any application that—
‘‘(1) includes—
‘‘(A) assurances that the applicant serves three or more
separate Bureau-funded schools; and
‘‘(B) assurances from the applicant that the tribal
department of education to be funded under this section
will provide coordinating services and technical assistance
to all of such schools;
‘‘(2) includes assurances that all education programs for
which funds are provided by such a contract or grant will
be monitored and audited, by or through the tribal department
of education, to ensure that the programs meet the requirements of law; and
‘‘(3) provides a plan and schedule that—
‘‘(A) provides for—
‘‘(i) the assumption, by the tribal department of
education, of all assets and functions of the Bureau
agency office associated with the tribe, to the extent
the assets and functions relate to education; and
‘‘(ii) the termination by the Bureau of such functions and office at the time of such assumption; and
‘‘(B) provides that the assumption shall occur over
the term of the grant made under this section, except
that, when mutually agreeable to the tribal governing body
and the Assistant Secretary, the period in which such
assumption is to occur may be modified, reduced, or
extended after the initial year of the grant.
‘‘(f) TIME PERIOD OF GRANT.—Subject to the availability of
appropriated funds, a grant provided under this section shall be
provided for a period of 3 years. If the performance of the grant
recipient is satisfactory to the Secretary, the grant may be renewed
for additional 3-year terms.
‘‘(g) TERMS, CONDITIONS, OR REQUIREMENTS.—A tribe that
receives a grant under this section shall comply with regulations

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relating to grants made under section 103(a) of the Indian SelfDetermination and Education Assistance Act that are in effect
on the date that the tribal governing body submits the application
for the grant under subsection (b). The Secretary shall not impose
any terms, conditions, or requirements on the provision of grants
under this section that are not specified in this section.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $2,000,000.
‘‘SEC. 1141. DEFINITIONS.

25 USC 2021.

‘‘For the purposes of this part, unless otherwise specified:
‘‘(1) AGENCY SCHOOL BOARD.—The term ‘agency school
board’ means a body—
‘‘(A) the members of which are appointed by all of
the school boards of the schools located within an agency,
including schools operated under contract or grant; and
‘‘(B) the number of such members is determined by
the Secretary, in consultation with the affected tribes;
except that, in agencies serving a single school, the school
board of such school shall fulfill these duties, and in agencies
having schools or a school operated under contract or grant,
one such member at least shall be from such a school.
‘‘(2) BUREAU.—The term ‘Bureau’ means the Bureau of
Indian Affairs of the Department of the Interior.
‘‘(3) BUREAU-FUNDED SCHOOL.—The term ‘Bureau-funded
school’ means—
‘‘(A) a Bureau school;
‘‘(B) a contract or grant school; or
‘‘(C) a school for which assistance is provided under
the Tribally Controlled Schools Act of 1988.
‘‘(4) BUREAU SCHOOL.—The term ‘Bureau school’ means
a Bureau-operated elementary or secondary day or boarding
school or a Bureau-operated dormitory for students attending
a school other than a Bureau school.
‘‘(5) COMPLEMENTARY EDUCATIONAL FACILITIES.—The term
‘complementary educational facilities’ means educational program functional spaces such as libraries, gymnasiums, and
cafeterias.
‘‘(6) CONTRACT OR GRANT SCHOOL.—The term ‘contract or
grant school’ means an elementary school, secondary school,
or dormitory that receives financial assistance for its operation
under a contract, grant, or agreement with the Bureau under
section 102, 103(a), or 208 of the Indian Self-Determination
and Education Assistance Act, or under the Tribally Controlled
Schools Act of 1988.
‘‘(7) DIRECTOR.—The term ‘Director’ means the Director
of the Office of Indian Education Programs.
‘‘(8) EDUCATION LINE OFFICER.—The term ‘education line
officer’ means a member of the education personnel under the
supervision of the Director of the Office, whether located in
a central, area, or agency office.
‘‘(9) FAMILY LITERACY SERVICES.—The term ‘family literacy
services’ has the meaning given that term in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
‘‘(10) FINANCIAL PLAN.—The term ‘financial plan’ means
a plan of services provided by each Bureau school.

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‘‘(11) INDIAN ORGANIZATION.—The term ‘Indian organization’ means any group, association, partnership, corporation,
or other legal entity owned or controlled by a federally recognized Indian tribe or tribes, or a majority of whose members
are members of federally recognized tribes.
‘‘(12) INHERENTLY FEDERAL FUNCTIONS.—The term ‘inherently Federal functions’ means functions and responsibilities
which, under section 1126(c), are noncontractable, including—
‘‘(A) the allocation and obligation of Federal funds and
determinations as to the amounts of expenditures;
‘‘(B) the administration of Federal personnel laws for
Federal employees;
‘‘(C) the administration of Federal contracting and
grant laws, including the monitoring and auditing of contracts and grants in order to maintain the continuing trust,
programmatic, and fiscal responsibilities of the Secretary;
‘‘(D) the conducting of administrative hearings and
deciding of administrative appeals;
‘‘(E) the determination of the Secretary’s views and
recommendations concerning administrative appeals or
litigation and the representation of the Secretary in
administrative appeals and litigation;
‘‘(F) the issuance of Federal regulations and policies
as well as any documents published in the Federal Register;
‘‘(G) reporting to Congress and the President;
‘‘(H) the formulation of the Secretary’s and the President’s policies and their budgetary and legislative recommendations and views; and
‘‘(I) the nondelegable statutory duties of the Secretary
relating to trust resources.
‘‘(13) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ means a board of education or other legally
constituted local school authority having administrative control
and direction of free public education in a county, township,
or independent or other school district located within a State,
and includes any State agency that directly operates and maintains facilities for providing free public education.
‘‘(14) LOCAL SCHOOL BOARD.—The term ‘local school board’,
when used with respect to a Bureau school, means a body
chosen in accordance with the laws of the tribe to be served
or, in the absence of such laws, elected by the parents of
the Indian children attending the school, except that, for a
school serving a substantial number of students from different
tribes—
‘‘(A) the members of the body shall be appointed by
the tribal governing bodies of the tribes affected; and
‘‘(B) the number of such members shall be determined
by the Secretary in consultation with the affected tribes.
‘‘(15) OFFICE.—The term ‘Office’ means the Office of Indian
Education Programs within the Bureau.
‘‘(16) REGULATION.—
‘‘(A) IN GENERAL.—The term ‘regulation’ means any
part of a statement of general or particular applicability
of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this Act.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) or any other provision of this title shall be

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construed to prohibit the Secretary from issuing guidance,
internal directives, or other documents similar to the documents found in the Indian Affairs Manual of the Bureau
of Indian Affairs.
‘‘(17) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior.
‘‘(18) SUPERVISOR.—The term ‘supervisor’ means the individual in the position of ultimate authority at a Bureau school.
‘‘(19) TRIBAL GOVERNING BODY.—The term ‘tribal governing
body’ means, with respect to any school, the tribal governing
body, or tribal governing bodies, that represent at least 90
percent of the students served by such school.
‘‘(20) TRIBE.—The term ‘tribe’ means any Indian tribe,
band, nation, or other organized group or community, including
an Alaska Native Regional Corporation or Village Corporation
(as defined in or established pursuant to the Alaska Native
Claims Settlement Act), which is recognized as eligible for
the special programs and services provided by the United States
to Indians because of their status as Indians.’’.
SEC. 1043. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.

The Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.) is amended by striking sections 5202 through 5212 and
inserting the following new sections:
‘‘SEC. 5202. DECLARATION OF POLICY.

25 USC 2501.

‘‘(a) RECOGNITION.—Congress recognizes that the Indian SelfDetermination and Education Assistance Act, which was a product
of the legitimate aspirations and a recognition of the inherent
authority of Indian nations, was and is a crucial positive step
toward tribal and community control and that the United States
has an obligation to assure maximum Indian participation in the
direction of educational services so as to render the persons administering such services and the services themselves more responsive
to the needs and desires of Indian communities.
‘‘(b) COMMITMENT.—Congress declares its commitment to the
maintenance of the Federal Government’s unique and continuing
trust relationship with and responsibility to the Indian people for
the education of Indian children through the establishment of a
meaningful Indian self-determination policy for education that will
deter further perpetuation of Federal bureaucratic domination of
programs.
‘‘(c) NATIONAL GOAL.—Congress declares that a national goal
of the United States is to provide the resources, processes, and
structure that will enable tribes and local communities to obtain
the quantity and quality of educational services and opportunities
that will permit Indian children—
‘‘(1) to compete and excel in areas of their choice; and
‘‘(2) to achieve the measure of self-determination essential
to their social and economic well-being.
‘‘(d) EDUCATIONAL NEEDS.—Congress affirms—
‘‘(1) true self-determination in any society of people is
dependent upon an educational process that will ensure the
development of qualified people to fulfill meaningful leadership
roles;
‘‘(2) that Indian people have special and unique educational
needs, including the need for programs to meet the linguistic
and cultural aspirations of Indian tribes and communities; and

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‘‘(3) that those needs may best be met through a grant
process.
‘‘(e) FEDERAL RELATIONS.—Congress declares a commitment to
the policies described in this section and support, to the full extent
of congressional responsibility, for Federal relations with the Indian
nations.
‘‘(f) TERMINATION.—Congress repudiates and rejects House
Concurrent Resolution 108 of the 83d Congress and any policy
of unilateral termination of Federal relations with any Indian
nation.
25 USC 2502.

‘‘SEC. 5203. GRANTS AUTHORIZED.

‘‘(a) IN GENERAL.—
‘‘(1) ELIGIBILITY.—The Secretary shall provide grants to
Indian tribes, and tribal organizations that—
‘‘(A) operate contract schools under title XI of the Education Amendments of 1978 and notify the Secretary of
their election to operate the schools with assistance under
this part rather than continuing the schools as contract
schools;
‘‘(B) operate other tribally controlled schools eligible
for assistance under this part and submit applications
(which are approved by their tribal governing bodies) to
the Secretary for such grants; or
‘‘(C) elect to assume operation of Bureau-funded schools
with the assistance under this part and submit applications
(which are approved by their tribal governing bodies) to
the Secretary for such grants.
‘‘(2) DEPOSIT OF FUNDS.—Grants provided under this part
shall be deposited into the general operating fund of the tribally
controlled school with respect to which the grant is made.
‘‘(3) USE OF FUNDS.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
this paragraph, grants provided under this part shall be
used to defray, at the discretion of the school board of
the tribally controlled school with respect to which the
grant is provided, any expenditures for education related
activities for which any funds that compose the grant may
be used under the laws described in section 5205(a),
including expenditures for—
‘‘(i) school operations, academic, educational, residential, guidance and counseling, and administrative
purposes; and
‘‘(ii) support services for the school, including
transportation.
‘‘(B) EXCEPTION.—Grants provided under this part
may, at the discretion of the school board of the tribally
controlled school with respect to which such grant is provided, be used to defray operations and maintenance
expenditures for the school if any funds for the operation
and maintenance of the school are allocated to the school
under the provisions of any of the laws described in section
5205(a).
‘‘(b) LIMITATIONS.—
‘‘(1) ONE GRANT PER TRIBE OR ORGANIZATION PER FISCAL
YEAR.—Not more than one grant may be provided under this

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part with respect to any Indian tribe or tribal organization
for any fiscal year.
‘‘(2) NONSECTARIAN USE.—Funds provided under any grant
made under this part may not be used in connection with
religious worship or sectarian instruction.
‘‘(3) ADMINISTRATIVE COSTS LIMITATION.—Funds provided
under any grant under this part may not be expended for
administrative costs (as defined in section 1128(h)(1) of the
Education Amendments of 1978) in excess of the amount generated for such costs under section 1128 of such Act.
‘‘(c) LIMITATION ON TRANSFER OF FUNDS AMONG SCHOOL
SITES.—
‘‘(1) IN GENERAL.—In the case of a grantee that operates
schools at more than one school site, the grantee may expend
at any school site operated by the grantee not more than
the lesser of—
‘‘(A) 10 percent of the funds allocated for another school
site under section 1128 of the Education Amendments of
1978; or
‘‘(B) $400,000 of the funds allocated for another school
site.
‘‘(2) DEFINITION OF SCHOOL SITE.—For purposes of this
subsection, the term ‘school site’ means the physical location
and the facilities of an elementary or secondary educational
or residential program operated by, or under contract or grant
with, the Bureau for which a discreet student count is identified
under the funding formula established under section 1127 of
the Education Amendments of 1978.
‘‘(d) NO REQUIREMENT TO ACCEPT GRANTS.—Nothing in this
part may be construed—
‘‘(1) to require a tribe or tribal organization to apply for
or accept; or
‘‘(2) to allow any person to coerce any tribe or tribal
organization to apply for, or accept,
a grant under this part to plan, conduct, and administer all of,
or any portion of, any Bureau program. Such applications and
the timing of such applications shall be strictly voluntary. Nothing
in this part may be construed as allowing or requiring any grant
with any entity other than the entity to which the grant is provided.
‘‘(e) NO EFFECT ON FEDERAL RESPONSIBILITY.—Grants provided
under this part shall not terminate, modify, suspend, or reduce
the responsibility of the Federal Government to provide a program.
‘‘(f) RETROCESSION.—
‘‘(1) IN GENERAL.—Whenever a tribal governing body
requests retrocession of any program for which assistance is
provided under this part, such retrocession shall become effective upon a date specified by the Secretary that is not later
than 120 days after the date on which the tribal governing
body requests the retrocession. A later date may be specified
if mutually agreed upon by the Secretary and the tribal governing body. If such a program is retroceded, the Secretary
shall provide to any Indian tribe served by such program at
least the same quantity and quality of services that would
have been provided under such program at the level of funding
provided under this part prior to the retrocession.
‘‘(2) STATUS AFTER RETROCESSION.—The tribe requesting
retrocession shall specify whether the retrocession is to status

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as a Bureau-operated school or as a school operated under
contract under the Indian Self-Determination and Education
Assistance Act.
‘‘(3) TRANSFER OF EQUIPMENT AND MATERIALS.—Except as
otherwise determined by the Secretary, the tribe or tribal
organization operating the program to be retroceded must
transfer to the Secretary (or to the tribe or tribal organization
which will operate the program as a contract school) the
existing equipment and materials which were acquired—
‘‘(A) with assistance under this part; or
‘‘(B) upon assumption of operation of the program
under this part, if the school was a Bureau-funded school
under title XI of the Education Amendments of 1978 before
receiving assistance under this part.
‘‘(g) PROHIBITION OF TERMINATION FOR ADMINISTRATIVE CONVENIENCE.—Grants provided under this part may not be terminated,
modified, suspended, or reduced solely for the convenience of the
administering agency.
25 USC 2503.

‘‘SEC. 5204. COMPOSITION OF GRANTS.

‘‘(a) IN GENERAL.—The grant provided under this part to an
Indian tribe or tribal organization for any fiscal year shall consist
of—
‘‘(1) the total amount of funds allocated for such fiscal
year under sections 1127 and 1128 of the Education Amendments of 1978 with respect to the tribally controlled schools
eligible for assistance under this part which are operated by
such Indian tribe or tribal organization, including, but not
limited to, funds provided under such sections, or under any
other provision of law, for transportation costs;
‘‘(2) to the extent requested by such Indian tribe or tribal
organization, the total amount of funds provided from operations and maintenance accounts and, notwithstanding section
105 of the Indian Self-Determination Act, or any other provision
of law, other facilities accounts for such schools for such fiscal
year (including but not limited to those referenced under section
1126(d) of the Education Amendments of 1978 or any other
law); and
‘‘(3) the total amount of funds that are allocated to such
schools for such fiscal year under—
‘‘(A) title I of the Elementary and Secondary Education
Act of 1965;
‘‘(B) the Individuals with Disabilities Education Act;
and
‘‘(C) any other Federal education law, that are allocated
to such schools for such fiscal year.
‘‘(b) SPECIAL RULES.—
‘‘(1) IN GENERAL.—
‘‘(A) APPLICABILITY OF CERTAIN LAWS.—Funds allocated
to a tribally controlled school by reason of paragraph (1)
or (2) of subsection (a) shall be subject to the provisions
of this part and shall not be subject to any additional
restriction, priority, or limitation that is imposed by the
Bureau with respect to funds provided under—
‘‘(i) title I of the Elementary and Secondary Education Act of 1965;

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‘‘(ii) the Individuals with Disabilities Education
Act; or
‘‘(iii) any Federal education law other than title
XI of the Education Amendments of 1978.
‘‘(B) APPLICABILITY OF BUREAU PROVISIONS.—Indian
tribes and tribal organizations to which grants are provided
under this part, and tribally controlled schools for which
such grants are provided, shall not be subject to any
requirements, obligations, restrictions, or limitations
imposed by the Bureau that would otherwise apply solely
by reason of the receipt of funds provided under any law
referred to in clause (i), (ii), or (iii) of subparagraph (A).
‘‘(2) SCHOOLS CONSIDERED CONTRACT SCHOOLS.—Tribally
controlled schools for which grants are provided under this
part shall be treated as contract schools for the purposes of
allocation of funds under sections 1126(e), 1127, and 1128 of
the Education Amendments of 1978.
‘‘(3) SCHOOLS CONSIDERED BUREAU SCHOOLS.—Tribally controlled schools for which grants are provided under this chapter
shall be treated as Bureau schools for the purposes of allocation
of funds provided under—
‘‘(A) title I of the Elementary and Secondary Education
Act of 1965;
‘‘(B) the Individuals with Disabilities Education Act;
and
‘‘(C) any other Federal education law, that are distributed through the Bureau.
‘‘(4) ACCOUNTS; USE OF CERTAIN FUNDS.—
‘‘(A) SEPARATE ACCOUNT.—
‘‘(i)
IN
GENERAL.—Notwithstanding
section
5204(a)(2), with respect to funds from facilities
improvement and repair, alteration and renovation
(major or minor), health and safety, or new construction accounts included in the grant provided under
section 5204(a), the grant recipient shall maintain a
separate account for such funds.
‘‘(ii) SUBMISSION OF ACCOUNTING.—At the end of
the period designated for the work covered by the
funds received, the grant recipient shall submit to
the Secretary a separate accounting of the work done
and the funds expended.
‘‘(iii) USE OF FUNDS.—Funds received from those
accounts may only be used for the purpose for which
the funds were appropriated and for the work encompassed by the application or submission for which the
funds were received.
‘‘(iv) COMPLETION OF PROJECT.—Upon completion
of a project for which a separate account is established
under this paragraph, the portion of the grant related
to such project may be closed out upon agreement
by the grantee and the Secretary.
‘‘(B) REQUIREMENTS FOR PROJECTS.—
‘‘(i) REGULATORY REQUIREMENTS.—With respect to
a grant to a tribally controlled school under this part
for new construction or facilities improvements and
repair in excess of $100,000, such grant shall be subject
to the Administrative and Audit Requirements and

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Cost Principles for Assistance Programs contained in
part 12 of title 43, Code of Federal Regulations.
‘‘(ii) EXCEPTION.—Notwithstanding clause (i),
grants described in such clause shall not be subject
to section 12.61 of title 43, Code of Federal Regulations.
The Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to
be performed.
‘‘(iii) APPLICATIONS.—In considering applications
for a grant described in clause (i), the Secretary shall
consider whether the Indian tribe or tribal organization
involved would be deficient in ensuring that the
construction projects under the proposed grant conform
to applicable building standards and codes and Federal,
tribal, or State health and safety standards as required
under section 1124 of the Education Amendments of
1978 (25 U.S.C. 2005(a)) with respect to organizational
and financial management capabilities.
‘‘(iv) DISPUTES.—Any disputes between the Secretary and any grantee concerning a grant described
in clause (i) shall be subject to the dispute provisions
contained in section 5209(e).
‘‘(C) NEW CONSTRUCTION.—Notwithstanding subparagraph (A), a school receiving a grant under this part for
facilities improvement and repair may use such grant funds
for new construction if the tribal governing body or tribal
organization that submits the application for the grant
provides funding for the new construction equal to at least
25 percent of the total cost of such new construction.
‘‘(D) PERIOD.—In a case in which the appropriations
measure under which the funds described in subparagraph
(A) are made available or the application submitted for
the funds does not stipulate a period for the work covered
by the funds, the Secretary and the grant recipient shall
consult and determine such a period prior to the transfer
of the funds. A period so determined may be extended
upon mutual agreement of the Secretary and the grant
recipient.
‘‘(5) ENFORCEMENT OF REQUEST TO INCLUDE FUNDS.—
‘‘(A) IN GENERAL.—If the Secretary fails to carry out
a request filed by an Indian tribe or tribal organization
to include in such tribe or organization’s grant under this
part the funds described in subsection (a)(2) within 180
days after the filing of the request, the Secretary shall—
‘‘(i) be deemed to have approved such request;
and
‘‘(ii) immediately upon the expiration of such 180day period amend the grant accordingly.
‘‘(B) RIGHTS.—A tribe or organization described in
subparagraph (A) may enforce its rights under subsection
(a)(2) and this paragraph, including rights relating to any
denial or failure to act on such tribe’s or organization’s
request, pursuant to the dispute authority described in
section 5209(e).

25 USC 2504.

‘‘SEC. 5205. ELIGIBILITY FOR GRANTS.

‘‘(a) RULES.—

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‘‘(1) IN GENERAL.—A tribally controlled school is eligible
for assistance under this part if the school—
‘‘(A) on April 28, 1988, was a contract school under
title XI of the Education Amendments of 1978 and the
tribe or tribal organization operating the school submits
to the Secretary a written notice of election to receive
a grant under this part;
‘‘(B) was a Bureau-operated school under title XI of
the Education Amendments of 1978 and has met the
requirements of subsection (b);
‘‘(C) is a school for which the Bureau has not provided
funds, but which has met the requirements of subsection
(c); or
‘‘(D) is a school with respect to which an election has
been made under paragraph (2) and which has met the
requirements of subsection (b).
‘‘(2) NEW SCHOOLS.—Any application which has been submitted under the Indian Self-Determination and Education
Assistance Act by an Indian tribe for a school which is not
in operation on the date of enactment of the Native American
Education Improvement Act of 2001 shall be reviewed under
the guidelines and regulations for applications submitted under
the Indian Self-Determination and Education Assistance Act
that were in effect at the time the application was submitted,
unless the Indian tribe or tribal organization elects to have
the application reviewed under the provisions of subsection
(b).
‘‘(b) ADDITIONAL REQUIREMENTS FOR BUREAU-FUNDED SCHOOLS
AND CERTAIN ELECTING SCHOOLS.—
‘‘(1) BUREAU-FUNDED SCHOOLS.—A school that was a
Bureau-funded school under title XI of the Education Amendments of 1978 on the date of enactment of the Native American
Education Improvement Act of 2001 and any school with respect
to which an election is made under subsection (a)(2), meets
the requirements of this subsection if—
‘‘(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting that the Secretary—
‘‘(i) transfer operation of the school to the Indian
tribe or tribal organization, if the Indian tribe or tribal
organization is not already operating the school; and
‘‘(ii) make a determination as to whether the school
is eligible for assistance under this part; and
‘‘(B) the Secretary makes a determination that the
school is eligible for assistance under this part.
‘‘(2) CERTAIN ELECTING SCHOOLS.—
‘‘(A) IN GENERAL.—By not later than the date that
is 120 days after the date on which an application is
submitted to the Secretary under paragraph (1)(A), the
Secretary shall determine—
‘‘(i) in the case of a school which is not being
operated by the Indian tribe or tribal organization,
whether to transfer operation of the school to the
Indian tribe or tribal organization; and
‘‘(ii) whether the school is eligible for assistance
under this part.

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‘‘(B) OTHER DETERMINATIONS.—In considering applications submitted under paragraph (1)(A), the Secretary—
‘‘(i) shall transfer operation of the school to the
Indian tribe or tribal organization, if the tribe or tribal
organization is not already operating the school; and
‘‘(ii) shall determine that the school is eligible for
assistance under this part, unless the Secretary finds
by clear and convincing evidence that the services to
be provided by the Indian tribe or tribal organization
will be deleterious to the welfare of the Indians served
by the school.
‘‘(C) CONSIDERATIONS.—In considering applications
submitted under paragraph (1)(A), the Secretary shall consider whether the Indian tribe or tribal organization would
be deficient in operating the school with respect to—
‘‘(i) equipment;
‘‘(ii) bookkeeping and accounting procedures;
‘‘(iii) ability to adequately manage a school; or
‘‘(iv) adequately trained personnel.
‘‘(c) ADDITIONAL REQUIREMENTS FOR A SCHOOL WHICH IS NOT
A BUREAU-FUNDED SCHOOL.—
‘‘(1) IN GENERAL.—A school which is not a Bureau-funded
school under title XI of the Education Amendments of 1978
meets the requirements of this subsection if—
‘‘(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting a determination by the
Secretary as to whether the school is eligible for assistance
under this part; and
‘‘(B) the Secretary makes a determination that a school
is eligible for assistance under this part.
‘‘(2) DEADLINE FOR DETERMINATION BY SECRETARY.—
‘‘(A) IN GENERAL.—By not later than the date that
is 180 days after the date on which an application is
submitted to the Secretary under paragraph (1)(A), the
Secretary shall determine whether the school is eligible
for assistance under this part.
‘‘(B) CONSIDERATIONS.—In making the determination
under subparagraph (A), the Secretary shall give equal
consideration to each of the following factors:
‘‘(i) With respect to the applicant’s proposal—
‘‘(I) the adequacy of facilities or the potential
to obtain or provide adequate facilities;
‘‘(II) geographic and demographic factors in
the affected areas;
‘‘(III) adequacy of the applicant’s program
plans;
‘‘(IV) geographic proximity of comparable
public education; and
‘‘(V) the needs as expressed by all affected
parties, including but not limited to students, families, tribal governments at both the central and
local levels, and school organizations.
‘‘(ii) With respect to all education services already
available—
‘‘(I) geographic and demographic factors in the
affected areas;

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‘‘(II) adequacy and comparability of programs
already available;
‘‘(III) consistency of available programs with
tribal education codes or tribal legislation on education; and
‘‘(IV) the history and success of these services
for the proposed population to be served, as determined from all factors including, if relevant,
standardized examination performance.
‘‘(C) GEOGRAPHIC PROXIMITY.—The Secretary may not
make a determination under this paragraph that is primarily based upon the geographic proximity of comparable
public education.
‘‘(D) OTHER INFORMATION.—Applications submitted
under paragraph (1)(A) shall include information on the
factors described in subparagraph (B)(i), but the applicant
may also provide the Secretary such information relative
to the factors described in subparagraph (B)(ii) as the
applicant considers appropriate.
‘‘(E) DEADLINE.—If the Secretary fails to make a determination under subparagraph (A) with respect to an
application within 180 days after the date on which the
Secretary received the application, the Secretary shall be
treated as having made a determination that the tribally
controlled school is eligible for assistance under the title
and the grant shall become effective 18 months after the
date on which the Secretary received the application, or
on an earlier date, at the Secretary’s discretion.
‘‘(d) FILING OF APPLICATIONS AND REPORTS.—
‘‘(1) IN GENERAL.—All applications and reports submitted
to the Secretary under this part, and any amendments to
such applications or reports, shall be filed with the education
line officer designated by the Director of the Office of Indian
Education Programs of the Bureau of Indian Affairs. The date
on which such filing occurs shall, for purposes of this part,
be treated as the date on which the application or amendment
was submitted to the Secretary.
‘‘(2) SUPPORTING DOCUMENTATION.—Any application that
is submitted under this chapter shall be accompanied by a
document indicating the action taken by the tribal governing
body in authorizing such application.
‘‘(e) EFFECTIVE DATE FOR APPROVED APPLICATIONS.—Except as
provided by subsection (c)(2)(E), a grant provided under this part,
and any transfer of the operation of a Bureau school made under
subsection (b), shall become effective beginning the academic year
succeeding the fiscal year in which the application for the grant
or transfer is made, or at an earlier date determined by the Secretary.
‘‘(f) DENIAL OF APPLICATIONS.—
‘‘(1) IN GENERAL.—Whenever the Secretary refuses to
approve a grant under this chapter, to transfer operation of
a Bureau school under subsection (b), or determines that a
school is not eligible for assistance under this part, the Secretary shall—
‘‘(A) state the objections in writing to the tribe or
tribal organization within the allotted time;

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‘‘(B) provide assistance to the tribe or tribal organization to overcome all stated objections;
‘‘(C) at the request of the tribe or tribal organization,
provide the tribe or tribal organization a hearing on the
record under the same rules and regulations that apply
under the Indian Self-Determination and Education Assistance Act; and
‘‘(D) provide an opportunity to appeal the objection
raised.
‘‘(2) TIMELINE FOR RECONSIDERATION OF AMENDED APPLICATIONS.—The Secretary shall reconsider any amended application submitted under this part within 60 days after the
amended application is submitted to the Secretary.
‘‘(g) REPORT.—The Bureau shall submit an annual report to
the Congress on all applications received, and actions taken
(including the costs associated with such actions), under this section
at the same time that the President is required to submit to
Congress the budget under section 1105 of title 31, United States
Code.
25 USC 2505.

‘‘SEC. 5206. DURATION OF ELIGIBILITY DETERMINATION.

‘‘(a) IN GENERAL.—If the Secretary determines that a tribally
controlled school is eligible for assistance under this part, the eligibility determination shall remain in effect until the determination
is revoked by the Secretary, and the requirements of subsection
(b) or (c) of section 5205, if applicable, shall be considered to
have been met with respect to such school until the eligibility
determination is revoked by the Secretary.
‘‘(b) ANNUAL REPORTS.—
‘‘(1) IN GENERAL.—Each recipient of a grant provided under
this part shall complete an annual report which shall be limited
to—
‘‘(A) an annual financial statement reporting revenue
and expenditures as defined by the cost accounting established by the grantee;
‘‘(B) an annual financial audit conducted pursuant to
the standards of the Single Audit Act of 1984;
‘‘(C) a biennial compliance audit of the procurement
of personal property during the period for which the report
is being prepared that shall be in compliance with written
procurement standards that are developed by the local
school board;
‘‘(D) an annual submission to the Secretary of the
number of students served and a brief description of programs offered under the grant; and
‘‘(E) a program evaluation conducted by an impartial
evaluation review team, to be based on the standards established for purposes of subsection (c)(1)(A)(ii).
‘‘(2) EVALUATION REVIEW TEAMS.—Where appropriate, other
tribally controlled schools and representatives of tribally controlled community colleges shall make up members of the
evaluation review teams.
‘‘(3) EVALUATIONS.—In the case of a school which is accredited, evaluations will be conducted at intervals under the terms
of accreditation.
‘‘(4) SUBMISSION OF REPORT.—

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‘‘(A) TO TRIBAL GOVERNING BODY.—Upon completion
of the report required under paragraph (1), the recipient
of the grant shall send (via first class mail, return receipt
requested) a copy of such annual report to the tribal governing body (as defined in section 1132(f) of the Education
Amendments of 1978) of the tribally controlled school.
‘‘(B) TO SECRETARY.—Not later than 30 days after
receiving written confirmation that the tribal governing
body has received the report sent pursuant to subparagraph
(A), the recipient of the grant shall send a copy of the
report to the Secretary.
‘‘(c) REVOCATION OF ELIGIBILITY.—
‘‘(1) DETERMINATION OF ELIGIBILITY FOR ASSISTANCE.—The
Secretary shall not revoke a determination that a school is
eligible for assistance under this part if—
‘‘(A) the Indian tribe or tribal organization submits
the reports required under subsection (b) with respect to
the school; and
‘‘(B) at least one of the following clauses applies with
respect to the school:
‘‘(i) The school is certified or accredited by a State
or regional accrediting association or is a candidate
in good standing for such accreditation under the rules
of the State or regional accrediting association, showing
that credits achieved by the students within the education programs are, or will be, accepted at grade
level by a State certified or regionally accredited
institution.
‘‘(ii) The Secretary determines that there is a
reasonable expectation that the certification or accreditation described in clause (i), or candidacy in good
standing for such certification or accreditation, will
be achieved by the school within 3 years. The school
seeking accreditation shall remain under the standards
of the Bureau in effect on the date of enactment of
the Native American Education Improvement Act of
2001 until such time as the school is accredited, except
that if the Bureau standards are in conflict with the
standards of the accrediting agency, the standards of
such agency shall apply in such case.
‘‘(iii) The school is accredited by a tribal department of education if such accreditation is accepted
by a generally recognized regional or State accreditation agency.
‘‘(iv)(I) With respect to a school that lacks accreditation, or that is not a candidate for accreditation,
based on circumstances that are not beyond the control
of the school board, every 3 years an impartial evaluator agreed upon by the Secretary and the grant
recipient conducts evaluations of the school, and the
school receives a positive assessment under such
evaluations. The evaluations are conducted under
standards adopted by a contractor under a contract
for the school entered into under the Indian Self-Determination and Education Assistance Act (or revisions
of such standards agreed to by the Secretary and the

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grant recipient) prior to the date of enactment of the
Native American Education Improvement Act of 2001.
‘‘(II) If the Secretary and a grant recipient other
than a tribal governing body fail to agree on such
an evaluator, the tribal governing body shall choose
the evaluator or perform the evaluation. If the Secretary and a grant recipient that is a tribal governing
body fail to agree on such an evaluator, subclause
(I) shall not apply.
‘‘(III) A positive assessment by an impartial evaluator under this clause shall not affect the revocation
of a determination of eligibility by the Secretary where
such revocation is based on circumstances that were
within the control of the school board.
‘‘(2) NOTICE REQUIREMENTS FOR REVOCATION.—The Secretary shall not revoke a determination that a school is eligible
for assistance under this part, or reassume control of a school
that was a Bureau school prior to approval of an application
submitted under section 5206(b)(1)(A) until the Secretary—
‘‘(A) provides notice to the tribally controlled school
and the tribal governing body (within the meaning of section 1141 of the Education Amendments of 1978) of the
tribally controlled school which states—
‘‘(i) the specific deficiencies that led to the revocation or resumption determination; and
‘‘(ii) the actions that are needed to remedy such
deficiencies; and
‘‘(B) affords such authority an opportunity to effect
the remedial actions.
‘‘(3) TECHNICAL ASSISTANCE.—The Secretary shall provide
such technical assistance to enable the school and governing
body to carry out such remedial actions.
‘‘(4) HEARING AND APPEAL.—In addition to notice and technical assistance under this subsection, the Secretary shall provide to the school and governing body—
‘‘(A) at the request of the school or governing body,
a hearing on the record regarding the revocation or reassumption determination, to be conducted under the rules
and regulations described in section 5206(f)(1)(C); and
‘‘(B) an opportunity to appeal the decision resulting
from the hearing.
‘‘(d) APPLICABILITY OF SECTION PURSUANT TO ELECTION UNDER
SECTION 5208(b).—With respect to a tribally controlled school that
receives assistance under this part pursuant to an election made
under section 5208(b)—
‘‘(1) subsection (b) of this section shall apply; and
‘‘(2) the Secretary may not revoke eligibility for assistance
under this part except in conformance with subsection (c) of
this section.
25 USC 2506.

‘‘SEC. 5207. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.

‘‘(a) PAYMENTS.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
subsection, the Secretary shall make payments to grantees
under this part in two payments, of which—
‘‘(A) the first payment shall be made not later than
July 1 of each year in an amount equal to 80 percent

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of the amount which the grantee was entitled to receive
during the preceding academic year; and
‘‘(B) the second payment, consisting of the remainder
to which the grantee is entitled for the academic year,
shall be made not later than December 1 of each year.
‘‘(2) EXCESS FUNDING.—In a case in which the amount
provided to a grant recipient under paragraph (1)(A) is in
excess of the amount that the recipient is entitled to receive
for the academic year involved, the recipient shall return to
the Secretary such excess amount not later than 30 days after
the final determination that the school was overpaid pursuant
to this section. The amount returned to the Secretary under
this paragraph shall be distributed equally to all schools in
the system.
‘‘(3) NEWLY FUNDED SCHOOLS.—For any school for which
no payment under this part was made from Bureau funds
in the preceding academic year, full payment of the amount
computed for the first academic year of eligibility under this
part shall be made not later than December 1 of the academic
year.
‘‘(4) LATE FUNDING.—With regard to funds for grantees
that become available for obligation on October 1 of the fiscal
year for which such funds are appropriated, the Secretary shall
make payments to grantees not later than December 1 of the
fiscal year.
‘‘(5) APPLICABILITY OF CERTAIN TITLE 31 PROVISIONS.—The
provisions of chapter 39 of title 31, United States Code, shall
apply to the payments required to be made by paragraphs
(1), (3), and (4).
‘‘(6) RESTRICTIONS.—Paragraphs (1), (3), and (4) shall be
subject to any restriction on amounts of payments under this
part that are imposed by a continuing resolution or other Act
appropriating the funds involved.
‘‘(b) INVESTMENT OF FUNDS.—
‘‘(1) TREATMENT OF INTEREST AND INVESTMENT INCOME.—
Notwithstanding any other provision of law, any interest or
investment income that accrues to any funds provided under
this part after such funds are paid to the Indian tribe or
tribal organization and before such funds are expended for
the purpose for which such funds were provided under this
part shall be the property of the Indian tribe or tribal organization and shall not be taken into account by any officer or
employee of the Federal Government in determining whether
to provide assistance, or the amount of assistance, under any
provision of Federal law. Such interest income shall be spent
on behalf of the school.
‘‘(2) PERMISSIBLE INVESTMENTS.—Funds provided under
this part may be invested by the Indian tribe or tribal organization before such funds are expended for the purposes of this
part so long as such funds are—
‘‘(A) invested by the Indian tribe or tribal organization
only in obligations of the United States, or in obligations
or securities that are guaranteed or insured by the United
States, or mutual (or other) funds registered with the Securities and Exchange Commission and which only invest
in obligations of the United States, or securities that are
guaranteed or insured by the United States; or

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‘‘(B) deposited only into accounts that are insure by
and agency or instrumentality of the United States, or
are fully collateralized to ensure protection of the funds,
even in the event of a bank failure.
‘‘(c) RECOVERIES.—For the purposes of underrecovery and overrecovery determinations by any Federal agency for any other funds,
from whatever source derived, funds received under this part shall
not be taken into consideration.
25 USC 2507.

‘‘SEC. 5208. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.

‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—The following
provisions of the Indian Self-Determination and Education Assistance Act (and any subsequent revisions thereto or renumbering
thereof ), shall apply to grants provided under this part:
‘‘(1) Section 5(f) (relating to single agency audit).
‘‘(2) Section 6 (relating to criminal activities; penalties).
‘‘(3) Section 7 (relating to wage and labor standards).
‘‘(4) Section 104 (relating to retention of Federal employee
coverage).
‘‘(5) Section 105(f) (relating to Federal property).
‘‘(6) Section 105(k) (relating to access to Federal sources
of supply).
‘‘(7) Section 105(l) (relating to lease of facility used for
administration and delivery of services).
‘‘(8) Section 106(f) (relating to limitation on remedies
relating to cost allowances).
‘‘(9) Section 106(j) (relating to use of funds for matching
or cost participation requirements).
‘‘(10) Section 106(k) (relating to allowable uses of funds).
‘‘(11) Section 108(c) (Model Agreements provisions (1)(a)(5)
(relating to limitations of costs), (1)(a)(7) (relating to records
and monitoring), (1)(a)(8) (relating to property), and (a)(1)(9)
(relating to availability of funds).
‘‘(12) Section 109 (relating to reassumption).
‘‘(13) Section 111 (relating to sovereign immunity and
trusteeship rights unaffected).
‘‘(b) ELECTION FOR GRANT IN LIEU OF CONTRACT.—
‘‘(1) IN GENERAL.—Contractors for activities to which this
part applies who have entered into a contract under the Indian
Self-Determination and Education Assistance Act that is in
effect on the date of enactment of the Native American Education Improvement Act of 2001 may, by giving notice to the
Secretary, elect to have the provisions of this part apply to
such activity in lieu of such contract.
‘‘(2) EFFECTIVE DATE OF ELECTION.—Any election made
under paragraph (1) shall take effect on the first day of July
immediately following the date of such election.
‘‘(3) EXCEPTION.—In any case in which the first day of
July immediately following the date of an election under paragraph (1) is less than 60 days after such election, such election
shall not take effect until the first day of July of year following
the year in which the election is made.
‘‘(c) NO DUPLICATION.—No funds may be provided under any
contract entered into under the Indian Self-Determination and Education Assistance Act to pay any expenses incurred in providing

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any program or services if a grant has been made under this
part to pay such expenses.
‘‘(d) TRANSFERS AND CARRYOVERS.—
‘‘(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATERIALS.—A tribe
or tribal organization assuming the operation of—
‘‘(A) a Bureau school with assistance under this part
shall be entitled to the transfer or use of buildings, equipment, supplies, and materials to the same extent as if
it were contracting under the Indian Self-Determination
and Education Assistance Act; or
‘‘(B) a contract school with assistance under this part
shall be entitled to the transfer or use of buildings, equipment, supplies, and materials that were used in the operation of the contract school to the same extent as if it
were contracting under the Indian Self-Determination and
Education Assistance Act.
‘‘(2) FUNDS.—Any tribe or tribal organization which
assumes operation of a Bureau school with assistance under
this part and any tribe or tribal organization which elects
to operate a school with assistance under this part rather
that to continue as a contract school shall be entitled to any
funds which would carryover from the previous fiscal year
as if such school were operated as a contract school.
‘‘(3) FUNDING FOR SCHOOL IMPROVEMENT.—Any tribe or
tribal organization that assumes operation of a Bureau school
or a contract school with assistance under this part shall be
eligible for funding for the improvement, alteration, replacement, and repair of facilities to the same extent as a Bureau
school.
‘‘(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—Any exception or
problem cited in an audit conducted pursuant to section 5206(b)(1),
any dispute regarding a grant authorized to be made pursuant
to this part or any amendment to such grant, and any dispute
involving an administrative cost grant under section 1128 of the
Education Amendments of 1978 shall be administered under the
provisions governing such exceptions, problems, or disputes in the
case of contracts under the Indian Self-Determination and Education Assistance Act. The Equal Access to Justice Act shall apply
to administrative appeals filed after September 8, 1988, by grantees
regarding a grant under this part, including an administrative
cost grant.
‘‘SEC. 5209. ROLE OF THE DIRECTOR.

25 USC 2508.

‘‘Applications for grants under this part, and all application
modifications, shall be reviewed and approved by personnel under
the direction and control of the Director of the Office of Indian
Education Programs. Required reports shall be submitted to education personnel under the direction and control of the Director
of such Office.
‘‘SEC. 5210. REGULATIONS.

25 USC 2509.

‘‘The Secretary is authorized to issue regulations relating to
the discharge of duties specifically assigned to the Secretary in
this part. For all other matters relating to the details of planning,
developing, implementing, and evaluating grants under this part,
the Secretary shall not issue regulations.

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25 USC 2510.

PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 5211. THE TRIBALLY CONTROLLED GRANT SCHOOL ENDOWMENT
PROGRAM.

‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT.—Each school receiving a grant under
this part may establish, at a federally insured financial institution, a trust fund for the purposes of this section.
‘‘(2) DEPOSITS AND USE.—The school may provide—
‘‘(A) for deposit into the trust fund, only funds from
non-Federal sources, except that the interest on funds
received from grants provided under this part may be used
for that purpose;
‘‘(B) for deposit into the trust fund, any earnings on
funds deposited in the fund; and
‘‘(C) for the sole use of the school any noncash, inkind contributions of real or personal property, which may
at any time be used, sold, or otherwise disposed of.
‘‘(b) INTEREST.—Interest from the fund established under subsection (a) may periodically be withdrawn and used, at the discretion of the school, to defray any expenses associated with the
operation of the school consistent with the purposes of this Act.
25 USC 2511.

‘‘SEC. 5212. DEFINITIONS.

‘‘In this part:
‘‘(1) BUREAU.—The term ‘Bureau’ means the Bureau of
Indian Affairs of the Department of the Interior.
‘‘(2) ELIGIBLE INDIAN STUDENT.—The term ‘eligible Indian
student’ has the meaning given such term in section 1127(f)
of the Education Amendments of 1978.
‘‘(3) INDIAN.—The term ‘Indian’ means a member of an
Indian tribe, and includes individuals who are eligible for membership in a tribe, and the child or grandchild of such an
individual.
‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ means any
Indian tribe, band, nation, or other organized group or community, including an Alaska Native Village Corporation or
Regional Corporation (as defined in or established pursuant
to the Alaska Native Claims Settlement Act), which is recognized as eligible for the special programs and services provided
by the United States to Indians because of their status as
Indians.
‘‘(5) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ means a public board of education or other
public authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary schools or secondary schools
in a city, county, township, school district, or other political
subdivision of a State or such combination of school districts
or counties as are recognized in a State as an administrative
agency for the State’s public elementary schools or secondary
schools. Such term includes any other public institution or
agency having administrative control and direction of a public
elementary school or secondary school.
‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary
of the Interior.
‘‘(7) TRIBAL GOVERNING BODY.—The term ‘tribal governing
body’ means, with respect to any school that receives assistance

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under this Act, the recognized governing body of the Indian
tribe involved.
‘‘(8) TRIBAL ORGANIZATION.—
‘‘(A) IN GENERAL.—The term ‘tribal organization’
means—
‘‘(i) the recognized governing body of any Indian
tribe; or
‘‘(ii) any legally established organization of Indians
that—
‘‘(I) is controlled, sanctioned, or chartered by
such governing body or is democratically elected
by the adult members of the Indian community
to be served by such organization; and
‘‘(II) includes the maximum participation of
Indians in all phases of the organization’s activities.
‘‘(B) AUTHORIZATION.—In any case in which a grant
is provided under this part to an organization to provide
services through a tribally controlled school benefiting more
than one Indian tribe, the approval of the governing bodies
of Indian tribes representing 80 percent of the students
attending the tribally controlled school shall be considered
a sufficient tribal authorization for such grant.
‘‘(9) TRIBALLY CONTROLLED SCHOOL.—The term ‘tribally
controlled school’ means a school that—
‘‘(A) is operated by an Indian tribe or a tribal organization, enrolling students in kindergarten through grade 12,
including a preschool;
‘‘(B) is not a local educational agency; and
‘‘(C) is not directly administered by the Bureau of
Indian Affairs.’’.
SEC. 1044. LEASE PAYMENTS BY THE OJIBWA INDIAN SCHOOL.

(a) IN GENERAL.—Notwithstanding the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), or the regulations
promulgated under such Act, the Ojibwa Indian School located
in Belcourt, North Dakota, may use amounts received under such
Act to enter into, and make payments under, a lease described
in subsection (b).
(b) LEASE.—A lease described in this subsection is a lease
that—
(1) is entered into by the Ojibwa Indian School for the
use of facilities owned by St. Ann’s Catholic Church located
in Belcourt, North Dakota;
(2) is entered into in the 2001–2002 school year, or any
other school year in which the Ojibwa Indian School will use
such facilities for school purposes;
(3) requires lease payments in an amount determined
appropriate by an independent lease appraiser that is selected
by the parties to the lease, except that such amount may
not exceed the maximum amount per square foot that is being
paid by the Bureau of Indian Affairs for other similarly situated
Indian schools under the Indian Self-Determination and Education Assistance Act (Public Law 93–638); and
(4) contains a waiver of the right of St. Ann’s Catholic
Church to bring an action against the Ojibwa Indian School,

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the Turtle Mountain Band of Chippewa, or the Federal Government for the recovery of any amounts remaining unpaid under
leases entered into prior to the date of enactment of this Act.
(c) METHOD OF FUNDING.—Amounts shall be made available
by the Bureau of Indian Affairs to make lease payments under
this section in the same manner as amounts are made available
to make payments under leases entered into by Indian schools
under the Indian Self-Determination and Education Assistance Act
(Public Law 93–638).
(d) OPERATION AND MAINTENANCE FUNDING.—The Bureau of
Indian Affairs shall provide funding for the operation and maintenance of the facilities and property used by the Ojibwa Indian
School under the lease entered into under subsection (a) so long
as such facilities and property are being used by the School for
educational purposes.
SEC. 1045. ENROLLMENT AND GENERAL ASSISTANCE PAYMENTS.

Section 5404(a) of the Augustus F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement Amendments of
1988 (25 U.S.C. 13d–2(a)) is amended—
(1) by striking the matter preceding paragraph (1) and
inserting the following:
‘‘(a) IN GENERAL.—The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from
the Bureau of Indian Affairs an otherwise eligible Indian for whom
the Bureau is making or may make general assistance payments
(or exclude such an individual from continued consideration in
determining the amount of general assistance payments for a household) because the individual is enrolled (and is making satisfactory
progress toward completion of a program or training that can
reasonably be expected to lead to gainful employment) for at least
half-time study or training in—’’; and
(2) by striking paragraph (4), and inserting the following:
‘‘(4) other programs or training approved by the Secretary
or by tribal education, employment or training programs.’’.

PART E—HIGHER EDUCATION ACT OF 1965
SEC. 1051. PREPARING TOMORROW’S TEACHERS TO USE TECHNOLOGY.

Title II of the Higher Education Act of 1965 (20 U.S.C. 1021
et seq.) is amended—
(1) by striking the title heading and inserting the following:

‘‘TITLE II—TEACHER QUALITY
ENHANCEMENT
‘‘PART A—TEACHER QUALITY ENHANCEMENT
GRANTS FOR STATES AND PARTNERSHIPS’’;
20 USC 1021–
1030.

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(2) by striking ‘‘this title’’ each place it appears and
inserting ‘‘this part’’; and
(3) by adding at the end the following:

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‘‘PART B—PREPARING TOMORROW’S
TEACHERS TO USE TECHNOLOGY
‘‘SEC. 221. PURPOSE AND PROGRAM AUTHORITY.

20 USC 1041.

‘‘(a) PURPOSE.—It is the purpose of this part to assist consortia
of public and private entities—
‘‘(1) to carry out programs that prepare prospective teachers
to use advanced technology to prepare all students to meet
challenging State and local academic content and student academic achievement standards; and
‘‘(2) to improve the ability of institutions of higher education
to carry out such programs.
‘‘(b) PROGRAM AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary is authorized to award
grants to eligible applicants, or enter into contracts or cooperative agreements with eligible applicants, on a competitive basis
in order to pay for the Federal share of the cost of projects
to develop or redesign teacher preparation programs to enable
prospective teachers to use advanced technology effectively in
their classrooms.
‘‘(2) PERIOD OF AWARDS.—The Secretary may award grants,
or enter into contracts or cooperative agreements, under this
part for periods that are not more than 5 years in duration.
‘‘SEC. 222. ELIGIBILITY.

Grants.
Contracts.

20 USC 1042.

‘‘(a) ELIGIBLE APPLICANTS.—In order to receive a grant or enter
into a contract or cooperative agreement under this part, an
applicant shall be a consortium that includes the following:
‘‘(1) At least one institution of higher education that awards
baccalaureate degrees and prepares teachers for their initial
entry into teaching.
‘‘(2) At least one State educational agency or local educational agency.
‘‘(3) One or more of the following entities:
‘‘(A) An institution of higher education (other than
the institution described in paragraph (1)).
‘‘(B) A school or department of education at an institution of higher education.
‘‘(C) A school or college of arts and sciences (as defined
in section 201(b)) at an institution of higher education.
‘‘(D) A professional association, foundation, museum,
library, for-profit business, public or private nonprofit
organization, community-based organization, or other
entity, with the capacity to contribute to the technologyrelated reform of teacher preparation programs.
‘‘(b) APPLICATION REQUIREMENTS.—In order to receive a grant
or enter into a contract or cooperative agreement under this part,
an eligible applicant shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require. Such application shall include the
following:
‘‘(1) A description of the proposed project, including how
the project would—
‘‘(A) ensure that individuals participating in the project
would be prepared to use advanced technology to prepare

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all students, including groups of students who are underrepresented in technology-related fields and groups of students who are economically disadvantaged, to meet challenging State and local academic content and student academic achievement standards; and
‘‘(B) improve the ability of at least one participating
institution of higher education described in section
222(a)(1) to ensure such preparation.
‘‘(2) A demonstration of—
‘‘(A) the commitment, including the financial commitment, of each of the members of the consortium for the
proposed project; and
‘‘(B) the active support of the leadership of each
organization that is a member of the consortium for the
proposed project.
‘‘(3) A description of how each member of the consortium
will participate in project activities.
‘‘(4) A description of how the proposed project will be continued after Federal funds are no longer awarded under this
part for the project.
‘‘(5) A plan for the evaluation of the project, which shall
include benchmarks to monitor progress toward specific project
objectives.
‘‘(c) MATCHING REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Federal share of the cost of any
project funded under this part shall not exceed 50 percent.
Except as provided in paragraph (2), the non-Federal share
of the cost of such project may be provided in cash or in
kind, fairly evaluated, including services.
‘‘(2) ACQUISITION OF EQUIPMENT.—Not more than 10 percent of the funds awarded for a project under this part may
be used to acquire equipment, networking capabilities, or infrastructure, and the non-Federal share of the cost of any such
acquisition shall be provided in cash.

20 USC 1043.

‘‘SEC. 223. USE OF FUNDS.

‘‘(a) REQUIRED USES.—A consortium that receives a grant or
enters into a contract or cooperative agreement under this part
shall use funds made available under this part for—
‘‘(1) a project creating one or more programs that prepare
prospective teachers to use advanced technology to prepare
all students, including groups of students who are underrepresented in technology-related fields and groups of students
who are economically disadvantaged, to meet challenging State
and local academic content and student academic achievement
standards; and
‘‘(2) evaluating the effectiveness of the project.
‘‘(b) PERMISSIBLE USES.—The consortium may use funds made
available under this part for a project, described in the application
submitted by the consortium under this part, that carries out the
purpose of this part, such as the following:
‘‘(1) Developing and implementing high-quality teacher
preparation programs that enable educators—
‘‘(A) to learn the full range of resources that can be
accessed through the use of technology;
‘‘(B) to integrate a variety of technologies into curricula
and instruction in order to expand students’ knowledge;

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‘‘(C) to evaluate educational technologies and their
potential for use in instruction;
‘‘(D) to help students develop their technical skills;
and
‘‘(E) to use technology to collect, manage, and analyze
data to improve teaching and decisionmaking.
‘‘(2) Developing alternative teacher development paths that
provide elementary schools and secondary schools with wellprepared, technology-proficient educators.
‘‘(3) Developing achievement-based standards and assessments aligned with the standards to measure the capacity
of prospective teachers to use technology effectively in their
classrooms.
‘‘(4) Providing technical assistance to entities carrying out
other teacher preparation programs.
‘‘(5) Developing and disseminating resources and information in order to assist institutions of higher education to prepare
teachers to use technology effectively in their classrooms.
‘‘(6) Subject to section 222(c)(2), acquiring technology equipment, networking capabilities, infrastructure, software, and digital curricula to carry out the project.
‘‘SEC. 224. AUTHORIZATION OF APPROPRIATIONS.

20 USC 1044.

‘‘There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of fiscal years 2002
and 2003.’’.
SEC. 1052. CONTINUATION OF AWARDS.

Notwithstanding any other provision of this Act or the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), in the case of a person or entity that was awarded a
grant, relating to preparing tomorrow’s teachers to use technology,
that was made pursuant to section 3122 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6832) prior to the
date of enactment of this Act, the Secretary of Education shall
continue to provide funds in accordance with the terms of such
award until the date on which the award period terminates.

20 USC 6301
note.

PART F—GENERAL EDUCATION PROVISIONS
ACT
SEC. 1061. STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION,
AND ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS.

Section 445(b) of the General Education Provisions Act (20
U.S.C. 1232h(b)) is amended—
(1) by striking paragraphs (1) through (7) and inserting
the following new paragraphs:
‘‘(1) political affiliations or beliefs of the student or the
student’s parent;
‘‘(2) mental or psychological problems of the student or
the student’s family;
‘‘(3) sex behavior or attitudes;
‘‘(4) illegal, anti-social, self-incriminating, or demeaning
behavior;
‘‘(5) critical appraisals of other individuals with whom
respondents have close family relationships;

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‘‘(6) legally recognized privileged or analogous relationships,
such as those of lawyers, physicians, and ministers;
‘‘(7) religious practices, affiliations, or beliefs of the student
or student’s parent; or
‘‘(8) income (other than that required by law to determine
eligibility for participation in a program or for receiving financial assistance under such program),’’;
(2) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and
(3) by inserting after subsection (b) the following new subsection:
‘‘(c) DEVELOPMENT OF LOCAL POLICIES CONCERNING STUDENT
PRIVACY, PARENTAL ACCESS TO INFORMATION, AND ADMINISTRATION
OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS.—
‘‘(1) DEVELOPMENT AND ADOPTION OF LOCAL POLICIES.—
Except as provided in subsections (a) and (b), a local educational
agency that receives funds under any applicable program shall
develop and adopt policies, in consultation with parents,
regarding the following:
‘‘(A)(i) The right of a parent of a student to inspect,
upon the request of the parent, a survey created by a
third party before the survey is administered or distributed
by a school to a student; and
‘‘(ii) any applicable procedures for granting a request
by a parent for reasonable access to such survey within
a reasonable period of time after the request is received.
‘‘(B) Arrangements to protect student privacy that are
provided by the agency in the event of the administration
or distribution of a survey to a student containing one
or more of the following items (including the right of a
parent of a student to inspect, upon the request of the
parent, any survey containing one or more of such items):
‘‘(i) Political affiliations or beliefs of the student
or the student’s parent.
‘‘(ii) Mental or psychological problems of the student or the student’s family.
‘‘(iii) Sex behavior or attitudes.
‘‘(iv) Illegal, anti-social, self-incriminating, or
demeaning behavior.
‘‘(v) Critical appraisals of other individuals with
whom respondents have close family relationships.
‘‘(vi) Legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and
ministers.
‘‘(vii) Religious practices, affiliations, or beliefs of
the student or the student’s parent.
‘‘(viii) Income (other than that required by law
to determine eligibility for participation in a program
or for receiving financial assistance under such program).
‘‘(C)(i) The right of a parent of a student to inspect,
upon the request of the parent, any instructional material
used as part of the educational curriculum for the student;
and
‘‘(ii) any applicable procedures for granting a request
by a parent for reasonable access to instructional material

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within a reasonable period of time after the request is
received.
‘‘(D) The administration of physical examinations or
screenings that the school or agency may administer to
a student.
‘‘(E) The collection, disclosure, or use of personal
information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose),
including arrangements to protect student privacy that
are provided by the agency in the event of such collection,
disclosure, or use.
‘‘(F)(i) The right of a parent of a student to inspect,
upon the request of the parent, any instrument used in
the collection of personal information under subparagraph
(E) before the instrument is administered or distributed
to a student; and
‘‘(ii) any applicable procedures for granting a request
by a parent for reasonable access to such instrument within
a reasonable period of time after the request is received.
‘‘(2) PARENTAL NOTIFICATION.—
‘‘(A) NOTIFICATION OF POLICIES.—The policies developed by a local educational agency under paragraph (1)
shall provide for reasonable notice of the adoption or continued use of such policies directly to the parents of students
enrolled in schools served by that agency. At a minimum,
the agency shall—
‘‘(i) provide such notice at least annually, at the
beginning of the school year, and within a reasonable
period of time after any substantive change in such
policies; and
‘‘(ii) offer an opportunity for the parent (and for
purposes of an activity described in subparagraph
(C)(i), in the case of a student of an appropriate age,
the student) to opt the student out of participation
in an activity described in subparagraph (C).
‘‘(B) NOTIFICATION OF SPECIFIC EVENTS.—The local educational agency shall directly notify the parent of a student,
at least annually at the beginning of the school year, of
the specific or approximate dates during the school year
when activities described in subparagraph (C) are scheduled, or expected to be scheduled.
‘‘(C) ACTIVITIES REQUIRING NOTIFICATION.—The following activities require notification under this paragraph:
‘‘(i) Activities involving the collection, disclosure,
or use of personal information collected from students
for the purpose of marketing or for selling that information (or otherwise providing that information to others
for that purpose).
‘‘(ii) The administration of any survey containing
one or more items described in clauses (i) through
(viii) of paragraph (1)(B).
‘‘(iii) Any nonemergency, invasive physical examination or screening that is—
‘‘(I) required as a condition of attendance;
‘‘(II) administered by the school and scheduled
by the school in advance; and

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‘‘(III) not necessary to protect the immediate
health and safety of the student, or of other students.
‘‘(3) EXISTING POLICIES.—A local educational agency need
not develop and adopt new policies if the State educational
agency or local educational agency has in place, on the date
of enactment of the No Child Left Behind Act of 2001, policies
covering the requirements of paragraph (1). The agency shall
provide reasonable notice of such existing policies to parents
and guardians of students, in accordance with paragraph (2).
‘‘(4) EXCEPTIONS.—
‘‘(A) EDUCATIONAL PRODUCTS OR SERVICES.—Paragraph
(1)(E) does not apply to the collection, disclosure, or use
of personal information collected from students for the
exclusive purpose of developing, evaluating, or providing
educational products or services for, or to, students or
educational institutions, such as the following:
‘‘(i) College or other postsecondary education
recruitment, or military recruitment.
‘‘(ii) Book clubs, magazines, and programs providing access to low-cost literary products.
‘‘(iii) Curriculum and instructional materials used
by elementary schools and secondary schools.
‘‘(iv) Tests and assessments used by elementary
schools and secondary schools to provide cognitive,
evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other
statistically useful data for the purpose of securing
such tests and assessments) and the subsequent analysis and public release of the aggregate data from
such tests and assessments.
‘‘(v) The sale by students of products or services
to raise funds for school-related or education-related
activities.
‘‘(vi) Student recognition programs.
‘‘(B) STATE LAW EXCEPTION.—The provisions of this
subsection—
‘‘(i) shall not be construed to preempt applicable
provisions of State law that require parental notification; and
‘‘(ii) do not apply to any physical examination or
screening that is permitted or required by an applicable
State law, including physical examinations or
screenings that are permitted without parental
notification.
‘‘(5) GENERAL PROVISIONS.—
‘‘(A) RULES OF CONSTRUCTION.—
‘‘(i) This section does not supersede section 444.
‘‘(ii) Paragraph (1)(D) does not apply to a survey
administered to a student in accordance with the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.).
‘‘(B) STUDENT RIGHTS.—The rights provided to parents
under this section transfer to the student when the student
turns 18 years old, or is an emancipated minor (under
an applicable State law) at any age.

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‘‘(C) INFORMATION ACTIVITIES.—The Secretary shall
annually inform each State educational agency and each
local educational agency of the educational agency’s obligations under this section and section 444.
‘‘(D) FUNDING.—A State educational agency or local
educational agency may use funds provided under part
A of title V of the Elementary and Secondary Education
Act of 1965 to enhance parental involvement in areas
affecting the in-school privacy of students.
‘‘(6) DEFINITIONS.—As used in this subsection:
‘‘(A) INSTRUCTIONAL MATERIAL.—The term ‘instructional material’ means instructional content that is provided to a student, regardless of its format, including
printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such
as materials accessible through the Internet). The term
does not include academic tests or academic assessments.
‘‘(B) INVASIVE PHYSICAL EXAMINATION.—The term
‘invasive physical examination’ means any medical examination that involves the exposure of private body parts,
or any act during such examination that includes incision,
insertion, or injection into the body, but does not include
a hearing, vision, or scoliosis screening.
‘‘(C) LOCAL EDUCATIONAL AGENCY.—The term ‘local
educational agency’ means an elementary school, secondary
school, school district, or local board of education that
is the recipient of funds under an applicable program,
but does not include a postsecondary institution.
‘‘(D) PARENT.—The term ‘parent’ includes a legal
guardian or other person standing in loco parentis (such
as a grandparent or stepparent with whom the child lives,
or a person who is legally responsible for the welfare of
the child).
‘‘(E) PERSONAL INFORMATION.—The term ‘personal
information’ means individually identifiable information
including—
‘‘(i) a student or parent’s first and last name;
‘‘(ii) a home or other physical address (including
street name and the name of the city or town);
‘‘(iii) a telephone number; or
‘‘(iv) a Social Security identification number.
‘‘(F) STUDENT.—The term ‘student’ means any
elementary school or secondary school student.
‘‘(G) SURVEY.—The term ‘survey’ includes an evaluation.’’.
SEC. 1062. TECHNICAL CORRECTIONS.

The General Education Provisions Act (20 U.S.C. 1221 et seq.)
is amended as follows:
(1) SECTION 431.—Section 422 (the second place it appears)
(20 U.S.C. 1231a), relating to collection and dissemination of
information, is redesignated as section 431.
(2) SECTION 441.—Section 3501(c) of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988 (102 Stat. 357) is amended
by striking ‘‘through ‘such Act)’ ’’ and inserting ‘‘through ‘Act
of 1965’ ’’, effective as of the date of enactment of that law.

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20 USC 1232d.

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PUBLIC LAW 107–110—JAN. 8, 2002
(3) SECTION 444.—Section 444 (20 U.S.C. 1232g) is
amended—
(A) in subsection (a)(1), by moving subparagraph (B)
four ems to the left;
(B) in subsection (b)(1)(J), by moving subparagraph
(J)(i) and clause (ii) of subparagraph (J) each two ems
to the left;
(C) in the undesignated text following subsection
(b)(1)(J)(ii), by striking ‘‘clause (E)’’ and inserting ‘‘subparagraph (E)’’; and
(D) in subsection (b), by moving paragraph (7)(A) and
subparagraph (B) of paragraph (7) each two ems to the
left.
(4) SECTION 447.—Section 447(b) (20 U.S.C. 1232j(b)) is
amended by striking ‘‘et seq.’’.
(5) SECTION 475.—Section 475(b)(2) (20 U.S.C. 1235d) is
amended by striking ‘‘section 4703(3)’’ and inserting ‘‘section
473(3)’’.
(6) SECTION 477.—Section 477 (20 U.S.C. 1235f ) is amended
by striking ‘‘section 4702’’ and inserting ‘‘472’’.

PART G—MISCELLANEOUS OTHER STATUTES
SEC. 1071. TITLE 5 OF THE UNITED STATES CODE.

5 USC 5314 note.

(a) COMPENSATION.—Section 5314 of title 5, United States Code,
is amended by adding at the end the following:
‘‘Under Secretary of Education’’.
(b) EFFECTIVE DATE.—This section shall take effect on the
first day of the first pay period on or after the date of enactment
of this Act.
SEC. 1072. DEPARTMENT OF EDUCATION ORGANIZATION ACT.

(a) COORDINATOR FOR THE OUTLYING AREAS.—Title II of the
Department of Education Organization Act (20 U.S.C. 3411 et seq.)
is amended by adding at the end the following new section:
‘‘COORDINATOR
20 USC 3427.

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FOR THE OUTLYING AREAS

‘‘SEC. 220. (a) ESTABLISHMENT.—The Secretary shall designate
an office of the Department to coordinate the activities of the
Department as they relate to the outlying areas.
‘‘(b) APPOINTMENT.—Not later than 90 days after the date of
enactment of the No Child Left Behind Act of 2001, the head
of the office designated under subsection (a) shall appoint a coordinator for the outlying areas, who shall be a person with substantial
experience in the operation of Federal programs in the outlying
areas.
‘‘(c) DUTIES.—The coordinator for the outlying areas shall—
‘‘(1) serve as the principal advisor to the Department on
Federal matters affecting the outlying areas;
‘‘(2) evaluate, on a periodic basis, the needs of education
programs in the outlying areas;
‘‘(3) assist with the coordination of programs that serve
the outlying areas; and
‘‘(4) provide guidance to programs within the Department
that serve the outlying areas.
‘‘(d) OUTLYING AREAS DEFINED.—As used in this section, the
term ‘outlying areas’ includes Guam, the Virgin Islands, American

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Samoa, and the Commonwealth of the Northern Marianas Islands,
but does not include the freely associated states of the Republic
of the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.’’.
(b) RENAMING OF OFFICE.—The Department of Education
Organization Act (20 U.S.C. 3401 et seq.) is amended by striking
‘‘Office of Bilingual Education and Minority Languages Affairs’’
and ‘‘Office of Bilingual Education’’ each place either such term
appears and inserting ‘‘Office of English Language Acquisition,
Language Enhancement, and Academic Achievement for Limited
English Proficient Students’’.
(c) CLERICAL AMENDMENTS.—The Department of Education
Organization Act (20 U.S.C. 3401 et seq.) is amended as follows:
(1) TABLE OF CONTENTS.—The table of contents in section
1 (20 U.S.C. 3401 note) is amended—
(A) by amending the item relating to section 209 to
read as follows:

20 USC 3420,
3423d, 3473.

‘‘Sec. 209. Office of English Language Acquisition, Language Enhancement, and
Academic Achievement for Limited English Proficient Students.’’;

(B) by amending the item relating to section 216 to
read as follows:
‘‘Sec. 216. Office of English Language Acquisition, Language Enhancement, and
Academic Achievement for Limited English Proficient Students.’’; and

(C) by inserting after the item relating to section 217
the following new items:
‘‘Sec. 218. Office of Educational Technology.
‘‘Sec. 219. Liaison for Proprietary Institutions of Higher Education.
‘‘Sec. 220. Coordinator for the Outlying Areas.’’.

(2) SECTION HEADINGS.—
(A) SECTION 209.—The section heading for section 209
of the Department of Education Organization Act (20 U.S.C.
3420) is amended to read as follows:
‘‘OFFICE OF ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT FOR LIMITED ENGLISH PROFICIENT STUDENTS’’.
(B) SECTION 216.—The section heading for section 216
of the Department of Education Organization Act (20 U.S.C.
3423d) is amended to read as follows:
‘‘SEC. 216. OFFICE OF ENGLISH LANGUAGE ACQUISITION, LANGUAGE
ENHANCEMENT, AND ACADEMIC ACHIEVEMENT FOR LIMITED ENGLISH PROFICIENT STUDENTS.’’.

(d) CONFORMING AMENDMENTS.—Sections 209 and 216 of the
Department of Education Organization Act (20 U.S.C. 3420, 3423d)
are amended by striking ‘‘Director of Bilingual Education and
Minority Languages Affairs’’ each place such term appears and
inserting ‘‘Director of English Language Acquisition, Language
Enhancement, and Academic Achievement for Limited English Proficient Students’’.
(e) TECHNICAL CORRECTIONS.—
(2) SECTION 202.—Paragraph (3) of section 202(b) (20 U.S.C.
3412(b)(3)), relating to the Assistant Secretary for Educational
Research and Improvement (as added by section 913(2) of the
Goals 2000: Educate America Act (108 Stat. 223)), is redesignated as paragraph (4).

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(3) SECTION 218.—Section 216 (the second place it appears)
(20 U.S.C. 3425), relating to the Office of Educational Technology (as added by section 233(a) of the Goals 2000: Educate
America Act (108 Stat. 154), is redesignated as section 218.

SEC. 1073. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999.

Section 4(b) of the Education Flexibility Partnership Act of
1999 (20 U.S.C. 5891b(b)) is amended to read as follows:
‘‘(b) INCLUDED PROGRAMS.—The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements
for programs that are authorized under the following provisions
and under which the Secretary provides funds to State educational
agencies on the basis of a formula:
‘‘(1) The following provisions of the Elementary and Secondary Education Act of 1965:
‘‘(A) Part A (other than sections 1111 and 1116), subpart 3 of part B, and parts C, D, and F of title I.
‘‘(B) Subparts 2 and 3 of part A of title II.
‘‘(C) Subpart 1 of part D of title II.
‘‘(D) Subpart 4 of part B of title III, if the funding
trigger in section 3001 of such Act is not reached.
‘‘(E) Subpart 1 of part A of title IV.
‘‘(F) Part A of title V.
‘‘(2) The Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).’’.
SEC. 1074. EDUCATIONAL RESEARCH, DEVELOPMENT, DISSEMINATION,
AND IMPROVEMENT ACT OF 1994.

The Educational Research, Development, Dissemination, and
Improvement Act of 1994 (20 U.S.C. 6001 et seq.) is amended
by adding after part I the following new part:

‘‘PART J—CERTAIN MULTIYEAR GRANTS AND
CONTRACTS
20 USC 6052.

‘‘SEC. 995. CONTINUATION OF AWARDS.

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
from funds appropriated under subsection (b), the Secretary—
‘‘(1) shall continue to fund any multiyear grant or contract
awarded under section 3141 and parts A and C of title XIII
of the Elementary and Secondary Education Act of 1965 (as
such provisions were in effect on the day preceding the date
of enactment of the No Child Left Behind Act of 2001), for
the duration of that multiyear award in accordance with its
terms; and
‘‘(2) may extend, on a year-to-year basis, any multiyear
grant or contract awarded under an authority described in
paragraph (1) that expires after the enactment of the No Child
Left Behind Act of 2001, but before the enactment of successor
authority to this Act.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for each fiscal year such sums as may be necessary to carry out subsection (a).’’.
SEC. 1075. NATIONAL CHILD PROTECTION ACT OF 1993.

Section 5(9) of the National Child Protection Act of 1993 (42
U.S.C. 5119c(9)) is amended—

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PUBLIC LAW 107–110—JAN. 8, 2002

115 STAT. 2091

(1) in subparagraph (A)(i), by inserting ‘‘(including an individual who is employed by a school in any capacity, including
as a child care provider, a teacher, or another member of
school personnel)’’ before the semicolon at the end; and
(2) in subparagraph (B)(i), by inserting ‘‘(including an individual who seeks to be employed by a school in any capacity,
including as a child care provider, a teacher, or another member
of school personnel)’’ before the semicolon at the end.
SEC. 1076. TECHNICAL AND CONFORMING AMENDMENTS.

(a) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1997.—Section
5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C.
117b–2(d)(1)) is amended—
(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and
(2) by striking ‘‘(20 U.S.C. 8801)’’.
(b) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1987.—Section
104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987
(as incorporated by reference in section 101(j) of Public Law 99–
500 and Public Law 99–591) (2 U.S.C. 117e(3)(B)(ii)) is amended
by striking ‘‘14101’’ and inserting ‘‘9101’’.
(c) NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND
TEACHING POLICY ACT OF 1977.—Section 1417(j)(1)(B) of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3152(j)(1)(B)) is amended—
(1) by striking ‘‘14101(25)’’ and inserting ‘‘9101’’; and
(2) by striking ‘‘(20 U.S.C. 8801(25))’’.
(d) REFUGEE EDUCATION ASSISTANCE ACT OF 1980.—Section
101(1) of the Refugee Education Assistance Act of 1980 (8 U.S.C.
1522 note) is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.
(e) TITLE 10, UNITED STATES CODE.—Section 2194(e)(2) of title
10, United States Code, is amended—
(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and
(2) by striking ‘‘(20 U.S.C. 8801)’’.
(f) TOXIC SUBSTANCES CONTROL ACT.—
(1) ASBESTOS.—Paragraphs (7), (9) and (12) of section 202
of the Toxic Substances Control Act (15 U.S.C. 2642) are
amended by striking ‘‘14101’’ and inserting ‘‘9101’’.
(2) RADON.—Section 302(1)(A) of the Toxic Substances Control Act (15 U.S.C. 2662(1)(A)) is amended by striking ‘‘14101’’
and inserting ‘‘9101’’.
(g) HIGHER EDUCATION ACT OF 1965.—Paragraphs (4), (5), (6),
(10), and (14) of section 103 of the Higher Education Act of 1965
(20 U.S.C. 1003) are amended by striking ‘‘14101’’ and inserting
‘‘9101’’.
(h) GENERAL EDUCATION PROVISIONS ACT.—Section 425(6) of
the General Education Provisions Act (20 U.S.C. 1226c(6)) is
amended by striking ‘‘14701’’ and inserting ‘‘9601’’.
(i) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—Section
613(f) of the Individuals with Disabilities Education Act (20 U.S.C.
1413(f)) is amended by striking paragraph (3).
(j) EDUCATION AMENDMENTS OF 1972.—Section 908(2)(B) of the
Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is amended
by striking ‘‘14101’’ and inserting ‘‘9101’’.
(k) CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION
ACT OF 1998.—Section 3 of the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2302) is amended—
(1) in paragraph (5)—

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115 STAT. 2092

26 USC 1397E.

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PUBLIC LAW 107–110—JAN. 8, 2002

(A) by striking ‘‘10306’’ and inserting ‘‘5206’’; and
(B) by striking ‘‘(20 U.S.C. 8066)’’;
(2) in paragraph (8), by striking ‘‘14101’’ and inserting
‘‘9101’’; and
(3) in paragraphs (16) and (21)—
(A) by striking ‘‘14101’’ and inserting ‘‘9101’’; and
(B) by striking ‘‘(20 U.S.C. 8801)’’.
(l) EDUCATION FOR ECONOMIC SECURITY ACT.—
(1) ECONOMIC SECURITY.—Section 3(3) of the Education
for Economic Security Act (20 U.S.C. 3902) is amended—
(A) in paragraph (3), by striking ‘‘198(a)(7)’’ and
inserting ‘‘9101’’;
(B) in paragraph (7), by striking ‘‘198(a)(10)’’ and
inserting ‘‘9101’’; and
(C) in paragraph (12), by striking ‘‘198(a)(17)’’ and
inserting ‘‘9101’’.
(2) ASBESTOS.—Section 511 of the Education for Economic
Security Act (20 U.S.C. 4020) is amended—
(A) in paragraph (4)(A), by striking ‘‘198(a)(10)’’ and
inserting ‘‘9101’’; and
(B) in paragraph (5)(A), by striking ‘‘198(a)(7)’’ and
inserting ‘‘9101’’.
(m) JAMES MADISON MEMORIAL FELLOWSHIP ACT.—Section
815(4) of the James Madison Memorial Fellowship Act (20 U.S.C.
4514(4)) is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.
(n) NATIONAL ENVIRONMENTAL EDUCATION ACT.—Section 3(5)
of the National Environmental Education Act (20 U.S.C. 5502(5))
is amended—
(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and
(2) by striking ‘‘(20 U.S.C. 3381)’’.
(o) EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999.—Section
3(1) of the Education Flexibility Partnership Act of 1999 (20 U.S.C.
5891a(1)) is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.
(p) DISTRICT OF COLUMBIA COLLEGE ACCESS ACT OF 1999.—
Section 3(c)(5) of the District of Columbia College Access Act of
1999 (Public Law 106–98; 113 Stat. 1323) is amended—
(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and
(2) by striking ‘‘(20 U.S.C. 8801)’’.
(q) SCHOOL-TO-WORK OPPORTUNITIES ACT OF 1994.—Paragraph
(5) of section 502(b) of the School-to-Work Opportunities Act of
1994 (20 U.S.C. 6212(b)(5)) is amended to read as follows:
‘‘(5) parts K through N of the Educational Research,
Development, Dissemination, and Improvement Act of 1994;
and’’.
(r) NATIONAL EDUCATION STATISTICS ACT OF 1994.—Paragraphs
(4) and (6) of section 402(c) of the National Education Statistics
Act of 1994 (20 U.S.C. 9001(c)) are amended by striking ‘‘14101’’
and inserting ‘‘9101’’.
(s) ADULT EDUCATION AND FAMILY LITERACY ACT.—Section
203(13) of the Adult Education and Family Literacy Act (20 U.S.C.
9202(13)) is amended—
(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and
(2) by striking ‘‘(20 U.S.C. 8801)’’.
(t) INTERNAL REVENUE CODE OF 1986.—Section 1397E(d)(4)(B)
of the Internal Revenue Code of 1986 is amended by striking
‘‘14101’’ and inserting ‘‘9101’’.
(u) REHABILITATION ACT OF 1973.—

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PUBLIC LAW 107–110—JAN. 8, 2002

115 STAT. 2093

(1) RESEARCH.—Section 202(b)(4)(A)(i) of the Rehabilitation
Act of 1973 (29 U.S.C. 762(b)(4)(A)(i)) is amended by striking
‘‘14101’’ and inserting ‘‘9101’’.
(2) NONDISCRIMINATION.—Section 504(b)(2)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 794(b)(2)(B)) is amended
by striking ‘‘14101’’ and inserting ‘‘9101’’.
(v) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Section
108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2618(a)(1)(A)) is amended—
(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and
(2) by striking ‘‘(20 U.S.C. 2891(12))’’.
(w) WORKFORCE INVESTMENT ACT OF 1998.—Paragraphs (23)
and (40) of section 101 of the Workforce Investment Act of 1998
(29 U.S.C. 2801) are amended—
(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and
(2) by striking ‘‘(20 U.S.C. 8801)’’.
(x) SAFE DRINKING WATER ACT.—Paragraphs (3)(A) and (6)
of section 1461 of the Safe Drinking Water Act (42 U.S.C. 300j–
21) are amended by striking ‘‘14101’’ and inserting ‘‘9101’’.
(y) CIVIL RIGHTS ACT OF 1964.—Section 606(2)(B) of the Civil
Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B)) is amended by
striking ‘‘14101’’ and inserting ‘‘9101’’.
(z) AGE DISCRIMINATION ACT OF 1975.—Section 309(4)(B)(ii)
of the Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii))
is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.
(aa) HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1989.—
Section 221(f)(3)(B)(i) of the Hazardous and Solid Waste Amendments of 1984 (42 U.S.C. 6921 note) is amended by striking
‘‘198(a)(7)’’ and inserting ‘‘9101’’.
(bb) ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP
ACT OF 1994.—Paragraphs (1), (2), and (3) of section 514 of the
Albert Einstein Distinguished Educator Fellowship Act of 1994
(42 U.S.C. 7382b) are amended by striking ‘‘14101’’ and inserting
‘‘9101’’.
(cc) EARTHQUAKE HAZARDS.—Section 2(c)(1)(A) of the Act entitled ‘‘An Act to authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and
1999, and for other purposes’’, approved October 1, 1997 (42 U.S.C.
7704 note) is amended—
(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and
(2) by striking ‘‘(20 U.S.C. 8801)’’.
(dd) STATE DEPENDENT CARE DEVELOPMENT GRANTS ACT.—
Paragraphs (6) and (11) of section 670G of the State Dependent
Care Development Grants Act (42 U.S.C. 9877) are amended by
striking ‘‘14101’’ and inserting ‘‘9101’’.
(ee) COMMUNITY SERVICES BLOCK GRANT ACT.—Section
682(b)(4) of the Community Services Block Grant Act (42 U.S.C.
9923(b)(4)) is amended—
(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and
(2) by striking ‘‘(20 U.S.C. 8801)’’.
(ff) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—Paragraphs (8), (14), (22), and (28) of section 101 of the National and
Community Service Act of 1990 (42 U.S.C. 12511) are amended
by striking ‘‘14101’’ and inserting ‘‘9101’’.
(gg) TELECOMMUNICATIONS ACT OF 1996.—Section 706(c)(2) of
the Telecommunications Act of 1996 (47 U.S.C. 157 note) is
amended—

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115 STAT. 2094

PUBLIC LAW 107–110—JAN. 8, 2002

(1) by striking ‘‘paragraphs (14) and (25), respectively, of
section 14101’’ and inserting ‘‘section 9101’’; and
(2) by striking ‘‘(20 U.S.C. 8801)’’.
(hh) COMMUNICATIONS ACT OF 1934.—Section 254(h)(7)(A) of
the Communications Act of 1934 (47 U.S.C. 254(h)(7)(A)) is
amended—
(1) by striking ‘‘paragraphs (14) and (25), respectively, of
section 14101’’ and inserting ‘‘section 9101’’; and
(2) by striking ‘‘(20 U.S.C. 8801)’’.
(ii) TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY.—
Section 4024 of the Transportation Equity Act for the 21st Century
(49 U.S.C. 31136 note) is amended by striking ‘‘14101’’ and inserting
‘‘9101’’.
Approved January 8, 2002.

LEGISLATIVE HISTORY—H.R. 1 (S. 1):
HOUSE REPORTS: Nos. 107–63, Pt. 1 (Comm. on Education and the Workforce)
and 107–334 (Comm. of Conference).
SENATE REPORTS: No. 107–7 accompanying S. 1 (Comm. on Health, Education,
Labor, and Pensions).
CONGRESSIONAL RECORD, Vol. 147 (2001):
May 17, 22, 23, considered and passed House.
June 14, considered and passed Senate, amended, in lieu of S. 1.
Dec. 13, House agreed to conference report.
Dec. 17, 18, Senate considered and agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Jan. 8, Presidential remarks.

Æ

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