Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988

TITLE 20—EDUCATION

§ 6301

22, 1998, 112 Stat. 2682; Pub. L. 105–332, Oct. 31, 1998, 112
Stat. 3076; Pub. L. 106–78, Oct. 22, 1999, 113 Stat. 1135;
Pub. L. 106–113, Nov. 29, 1999, 113 Stat. 1501; Pub. L.
106–398, Oct. 30, 2000, 114 Stat. 1654; Pub. L. 106–400, Oct.
30, 2000, 114 Stat. 1675; Pub. L. 106–554, Dec. 21, 2000, 114
Stat. 2763; Pub. L. 107–20, July 24, 2001, 115 Stat. 155, and
is classified to section 6301 et seq. of this title. Certain
titles and parts of titles of the Act are shown, herein,
however, as having been added by Pub. L. 107–110 without reference to such intervening amendments because
of the extensive amendments, renumbering, and reorganization of these provisions by Pub. L. 107–110.

SUBCHAPTER
I—IMPROVING
DEMIC
ACHIEVEMENT
OF
ADVANTAGED

THE
THE

ACADIS-

CODIFICATION
Title I of the Elementary and Secondary Education
Act of 1965, comprising this subchapter, was originally
enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat.
27, amended, and subsequently revised, restated, and
amended by other public laws. Title I is shown, herein,
as having been added by Pub. L. 107–110, title I, § 101,
Jan. 8, 2002, 115 Stat. 1439, without reference to earlier
amendments because of the extensive revision of the
title’s provisions by Pub. L. 107–110. See Codification
note preceding this chapter.

§ 6301. Statement of purpose
The purpose of this subchapter is to provide
all children significant opportunity to receive a
fair, equitable, and high-quality education, and
to close educational achievement gaps.
(Pub. L. 89–10, title I, § 1001, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1439;
amended Pub. L. 114–95, title I, § 1001, Dec. 10,
2015, 129 Stat. 1814.)
PRIOR PROVISIONS
A prior section 6301, Pub. L. 89–10, title I, § 1001, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3519, declared policy and stated purpose of this subchapter, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 1001 of Pub. L. 89–10 was classified to
section 2701 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Another prior section 1001 of Pub. L. 89–10 was renumbered section 9001 and was classified to section 3381 of
this title, prior to the general amendment of Pub. L.
89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section set forth purpose of subchapter
and included provisions relating to how this purpose
could be accomplished.
EFFECTIVE DATE OF 2015 AMENDMENT
Pub. L. 114–95, § 5, Dec. 10, 2015, 129 Stat. 1806, provided
that:
‘‘(a) IN GENERAL.—Except as otherwise provided in
this Act [see Tables for classification], or an amendment made by this Act, this Act, and the amendments
made by this Act, shall be effective upon the date of enactment of this Act [Dec. 10, 2015].
‘‘(b) NONCOMPETITIVE PROGRAMS.—With respect to
noncompetitive programs under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq)
and the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.) under which any funds are allotted
by the Secretary of Education to recipients on the
basis of a formula, the amendments made by this Act
shall be effective beginning on July 1, 2016, except as
otherwise provided in such amendments.

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‘‘(c) COMPETITIVE PROGRAMS.—With respect to programs that are conducted by the Secretary of Education on a competitive basis (and are not programs described in subsection (b)) under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),
the amendments made by this Act with respect to appropriations for use under such programs shall be effective beginning on October 1, 2016, except as otherwise
provided in such amendments.
‘‘(d) IMPACT AID.—With respect to title VII of the Elementary and Secondary Education Act of 1965 [20
U.S.C. 7701 et seq.], as amended by this Act, the amendments made by this Act shall take effect with respect
to appropriations for use under such title beginning fiscal year 2017, except as otherwise provided in such
amendments.
‘‘(e) TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—
‘‘(1) EFFECTIVE DATES FOR SECTION 1111 OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—Notwithstanding any other provision of this Act, or the
amendments made by this Act, and subject to paragraph (2) of this subsection—
‘‘(A) section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)),
as in effect on the day before the date of enactment
of this Act, shall be effective through the close of
August 1, 2016;
‘‘(B) subsections (c) and (d) of section 1111 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311), as amended by this Act, shall take
effect beginning with school year 2017–2018; and
‘‘(C) section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)),
as amended by this Act, and any other provision of
section 1111 of such Act (20 U.S.C. 6311), as amended
by this Act, which is not described in subparagraph
(B) of this paragraph, shall take effect in a manner
consistent with subsection (a).
‘‘(2) SPECIAL RULE.—
‘‘(A) IN GENERAL.—Notwithstanding any other
provision of this Act (including subsection (b) and
paragraph (1)), any school or local educational
agency described in subparagraph (B) shall continue
to implement interventions applicable to such
school or local educational agency under clause (i)
or (ii) of subparagraph (B) until—
‘‘(i) the State plan for the State in which the
school or agency is located under section 1111 of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311), as amended by this Act, is approved under such section (20 U.S.C. 6311); or
‘‘(ii) subsections (c) and (d) of section 1111 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311), as amended by this Act, take effect in accordance with paragraph (1)(B),
whichever occurs first.
‘‘(B) CERTAIN SCHOOLS AND LOCAL EDUCATIONAL
AGENCIES.—A school or local educational agency
shall be subject to the requirements of subparagraph (A), if such school or local educational agency has been identified by the State in which the
school or local educational agency is located—
‘‘(i) as in need of improvement, corrective action, or restructuring under part A of title I of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311 et seq.), as in effect on the day
before the date of enactment of this Act; or
‘‘(ii) as a priority or focus school under a waiver
granted by the Secretary of Education under section 9401 [now 8401] of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861), as in
effect on the day before the date of enactment of
this Act.’’
EFFECTIVE DATE
Pub. L. 107–110, § 5, Jan. 8, 2002, 115 Stat. 1427, provided
that:
‘‘(a) IN GENERAL.—Except as otherwise provided in
this Act [see Tables for classification], this Act, and

Page 1243

TITLE 20—EDUCATION

the amendments made by this Act, shall be effective
upon the date of enactment of this Act [Jan. 8, 2002].
‘‘(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) [probably meant title VIII (now VII) of Pub. L.
89–10, 20 U.S.C. 7701 et seq.], 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.’’
SHORT TITLE OF 2019 AMENDMENT
Pub. L. 116–13, § 1, Apr. 12, 2019, 133 Stat. 847, provided
that: ‘‘This Act [enacting subpart 5 of part B of subchapter II of this chapter] may be cited as the ‘Recognizing Achievement in Classified School Employees
Act’.’’

§ 6301

of this title and amending sections 7331, 7351, 8061 to
8065, 8066, 8067, and 8801 of this title] may be cited as
the ‘Charter School Expansion Act of 1998’.’’
Pub. L. 105–277, div. D, title I, § 121, Oct. 21, 1998, 112
Stat. 2681–756, provided that: ‘‘This subtitle [subtitle C
(§§ 121, 122) of title I of Pub. L. 105–277, enacting section
7144 of this title] may be cited as the ‘Drug-Free
Schools Quality Assurance Act’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–382, § 1, Oct. 20, 1994, 108 Stat. 3518, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Improving America’s Schools Act
of 1994’.’’
Pub. L. 103–227, title X, § 1031, Mar. 31, 1994, 108 Stat.
270, provided that: ‘‘This part [part B (§§ 1031, 1032) of
title X of Pub. L. 103–227, enacting section 3351 of this
title and amending sections 3381 to 3384 and 3386 of this
title] may be cited as the ‘Gun-Free Schools Act of
1994’.’’
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102–545, § 1, Oct. 27, 1992, 106 Stat. 3586, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Ready to Learn Act’.’’

SHORT TITLE OF 2017 AMENDMENT

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 115–64, § 1, Sept. 29, 2017, 131 Stat. 1187, provided that: ‘‘This Act [amending section 7881 of this
title] may be cited as the ‘Hurricanes Harvey, Irma,
and Maria Education Relief Act of 2017’.’’

Pub. L. 102–103, title I, § 101, Aug. 17, 1991, 105 Stat.
497, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘National Dropout Prevention
Act of 1991’.’’

SHORT TITLE OF 2015 AMENDMENT

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 114–95, § 1, Dec. 10, 2015, 129 Stat. 1802, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘Every Student Succeeds Act’.’’

Pub. L. 101–600, § 1, Nov. 16, 1990, 104 Stat. 3042, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘School Dropout Prevention and
Basic Skills Improvement Act of 1990’.’’

SHORT TITLE OF 2013 AMENDMENT
Pub. L. 112–239, div. A, title V, § 563(a), Jan. 2, 2013, 126
Stat. 1744, provided that: ‘‘This section [amending sections 7702, 7703, and 7710 of this title and enacting provisions set out as a note under section 7702 of this title]
may be cited as the ‘Impact Aid Improvement Act of
2012’.’’

SHORT TITLE OF 1989 AMENDMENT
Pub. L. 101–226, § 1, Dec. 12, 1989, 103 Stat. 1928, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Drug-Free Schools and Communities Act Amendments of 1989’.’’

SHORT TITLE OF 2002 AMENDMENT

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 107–110, § 1, Jan. 8, 2002, 115 Stat. 1425, provided
that: ‘‘This title [probably means Pub. L. 107–110, see
Tables for classification] may be cited as the ‘No Child
Left Behind Act of 2001’.’’

Pub. L. 100–569, title II, § 201, Oct. 31, 1988, 102 Stat.
2862, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘National Geography
Studies Centers Act’.’’
Pub. L. 100–297, § 1(a), Apr. 28, 1988, 102 Stat. 130, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Augustus F. Hawkins-Robert T.
Stafford Elementary and Secondary School Improvement Amendments of 1988’.’’

SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1601], Dec.
21, 2000, 114 Stat. 2763, 2763A–328, provided that: ‘‘This
title [amending sections 6302, 6311, 6361 to 6368, 6369b,
6394, 6661a, 6661i, and 8801 of this title and sections 2023
and 2026 of Title 25, Indians, and enacting provisions set
out as a note under section 6361 of this title] may be
cited as the ‘Literacy Involves Families Together
Act’.’’
Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1701], Dec.
21, 2000, 114 Stat. 2763, 2763A–335, provided that: ‘‘This
title [enacting part F of subchapter III of this chapter,
amending section 9134 of this title and section 254 of
Title 47, Telecommunications, and enacting provisions
set out as notes under sections 7001 and 9134 of this title
and sections 254, 609, and 902 of Title 47] may be cited
as the ‘Children’s Internet Protection Act’.’’
Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1801], Oct.
30, 2000, 114 Stat. 1654, 1654A–368, provided that: ‘‘This
title [amending sections 1228, 7701 to 7703, 7705, 7707,
7709 to 7713, and 7714 of this title, repealing section 7706
of this title, and enacting provisions set out as notes
under sections 7701, 7703, and 7711 of this title] may be
cited as the ‘Impact Aid Reauthorization Act of 2000’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–278, § 1, Oct. 22, 1998, 112 Stat. 2682, provided that: ‘‘This Act [enacting sections 8065a to 8065d

SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98–511, § 1, Oct. 19, 1984, 98 Stat. 2366, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘Education Amendments of 1984’.’’
Pub. L. 98–511, title IV, § 401(a), Oct. 19, 1984, 98 Stat.
2389, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Women’s Educational Equity Amendments of 1984’.’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–561, § 1, Nov. 1, 1978, 92 Stat. 2143, provided:
‘‘That this Act [see Tables for classification] may be
cited as the ‘Education Amendments of 1978’.’’
SHORT TITLE OF 1977 AMENDMENT
Pub. L. 95–112, § 1, Sept. 24, 1977, 91 Stat. 911, provided:
‘‘That this Act [see Tables for classification] may be
cited as the ‘Education Amendments of 1977’.’’
SHORT TITLE OF 1974 AMENDMENT
Pub. L. 93–380, § 1, Aug. 21, 1974, 88 Stat. 484, provided:
‘‘That this Act [see Tables for classification] may be
cited as the ‘Education Amendments of 1974’.’’

TITLE 20—EDUCATION

§ 6301

SHORT TITLE OF 1970 AMENDMENT
Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 121 [see Tables for
classification], is popularly known as the ‘‘Elementary
and Secondary Education Amendments of 1970’’.
SHORT TITLE OF 1968 AMENDMENT
Pub. L. 90–247, § 1, Jan. 2, 1968, 81 Stat. 783, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘Elementary and Secondary Education
Amendments of 1967’.’’
SHORT TITLE OF 1966 AMENDMENT
Pub. L. 89–750, § 1, Nov. 3, 1966, 80 Stat. 1191, provided:
‘‘That this Act [see Tables for classification] may be
cited as the ‘Elementary and Secondary Education
Amendments of 1966’.’’
SHORT TITLE
Section 1 of Pub. L. 89–10, as added by Pub. L. 103–382,
title I, § 101, Oct. 20, 1994, 108 Stat. 3519, as amended by
Pub. L. 107–110, § 6(1), Jan. 8, 2002, 115 Stat. 1427, provided that: ‘‘This Act [enacting this chapter] may be
cited as the ‘Elementary and Secondary Education Act
of 1965’.’’
Pub. L. 89–10, title X, § 10971, as added by Pub. L.
106–554, § 1(a)(1) [title IX, § 901], Dec. 21, 2000, 114 Stat.
2763, 2763A–89, which provided that subpart 2
(§§ 10971–10978) of part J of title X of Pub. L. 89–10, enacting subpart 2 of part J of former subchapter X of
this chapter, could be cited as the ‘‘Rural Education
Achievement Program’’, was repealed by Pub. L.
107–110, title X, § 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986.
Pub. L. 89–10, title X, § 10999A, as added by Pub. L.
106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114 Stat.
2763,
2763A–76,
which
provided
that
part
L
(§§ 10999A–10999L) of title X of Pub. L. 89–10, enacting
part L of former subchapter X of this chapter, could be
cited as the ‘‘Physical Education for Progress Act’’,
was repealed by Pub. L. 107–110, title X, § 1011(5)(A),
Jan. 8, 2002, 115 Stat. 1986.
CONTINUATION OF AWARDS
Pub. L. 107–110, title II, § 202, Jan. 8, 2002, 115 Stat.
1688, provided that: ‘‘Notwithstanding any other provision of this Act [see Tables for classification] or the
Elementary and Secondary Education Act of 1965 [20
U.S.C. 6301 et seq.], in the case of—
‘‘(1) a person or entity that, prior to the date of enactment of this Act [Jan. 8, 2002], was awarded funds
appropriated under the Department of Education Appropriations Act, 2001 [Pub. L. 106–554, § 1(a)(1) [title
III], see Tables for classification] for new teacher recruitment initiatives; or
‘‘(2) a person or agency that, prior to the date of enactment of this Act [Jan. 8, 2002], was awarded a
grant or contract under part K of title X of the Elementary and Secondary Education Act of 1965 ([formerly] 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.’’
Pub. L. 107–110, title V, § 502, Jan. 8, 2002, 115 Stat.
1873, provided that:
‘‘(a) IN GENERAL.—Notwithstanding any other provision of this Act [see Tables for classification] 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 ([formerly] 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 ([formerly] 20 U.S.C. 8031 et seq., 8091 et seq., 8131
et seq.), prior to the date of enactment of this Act [Jan.
8, 2002], 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.

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‘‘(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 ([formerly] 20
U.S.C. 7231 et seq.), prior to the date of enactment of
this Act [Jan. 8, 2002] 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.’’
Pub. L. 107–110, title X, § 1052, Jan. 8, 2002, 115 Stat.
2083, provided that: ‘‘Notwithstanding any other provision of this Act [see Tables for classification] 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 ([formerly] 20 U.S.C. 6832) prior to
the date of enactment of this Act [Jan. 8, 2002], 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.’’
TRANSITION PROVISIONS
Pub. L. 114–95, § 4, Dec. 10, 2015, 129 Stat. 1805, provided
that:
‘‘(a) FUNDING AUTHORITY.—
‘‘(1) MULTI-YEAR AWARDS.—
‘‘(A) PROGRAMS NO LONGER AUTHORIZED.—Except
as otherwise provided in this Act [see Tables for
classification] or the amendments made by this
Act, the recipient of a multiyear award under the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), as in effect on the day before
the date of enactment of this Act [Dec. 10, 2015],
under a program that is not authorized under the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), as amended by this Act,
and—
‘‘(i) that is not substantively similar to a program authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), as amended by this Act, shall continue to
receive funds in accordance with the terms of
such prior award, except that no additional funds
for such program may be awarded after September 30, 2016; and
‘‘(ii) that is substantively similar to a program
authorized under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), as
amended by this Act, shall continue to receive
funds in accordance with the terms of such prior
award.
‘‘(B) AUTHORIZED PROGRAMS.—Except as otherwise
provided in this Act, or the amendments made by
this Act, the recipient of a multiyear award under
a program that was authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.), as in effect on the day before the date
of enactment of this Act, and that is authorized
under such Act (20 U.S.C. 6301 et seq.), as amended
by this Act, shall continue to receive funds in accordance with the terms of such prior award.
‘‘(2) PLANNING AND TRANSITION.—Notwithstanding
any other provision of law, a recipient of funds under
a program described in paragraph (1)(A)(ii) or (1)(B)
may use funds awarded to the recipient under such
program, to carry out necessary and reasonable planning and transition activities in order to ensure the
recipient’s compliance with the amendments to such
program made by this Act.
‘‘(b) ORDERLY TRANSITION.—Subject to subsection
(a)(1)(A)(i), the Secretary shall take such steps as are
necessary to provide for the orderly transition to, and
implementation of, programs authorized under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et. seq.), as amended by this Act, from programs authorized under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), as in effect
on the day before the date of enactment of this Act.

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‘‘(c) TERMINATION OF CERTAIN WAIVERS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of this Act, and subject to section 5(e)(2) [set out
as an Effective Date of 2015 Amendment note above],
a waiver described in paragraph (2) shall be null and
void and have no legal effect on or after August 1,
2016.
‘‘(2) WAIVERS.—A waiver shall be subject to paragraph (1) if the waiver was granted by the Secretary
of Education to a State or consortium of local educational agencies under the program first introduced
in a letter to chief State school officers dated September 23, 2011, and authorized under section 9401
[now 8401] of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861), as in effect on the
day before the date of enactment of this Act.’’
Pub. L. 107–110, § 4, Jan. 8, 2002, 115 Stat. 1426, provided
that:
‘‘(a) MULTI-YEAR AWARDS.—Except as otherwise provided in this Act [see Tables for classification], the recipient of a multi-year award under the Elementary
and Secondary Education Act of 1965 [Pub. L. 89–10, 20
U.S.C. 6301 et seq., prior to general amendment by Pub.
L. 107–110], as that Act was in effect prior to the date
of enactment of this Act [Jan. 8, 2002], 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.
‘‘(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.’’
Pub. L. 103–382, § 3(b), Oct. 20, 1994, 108 Stat. 3519, provided that: ‘‘Notwithstanding any other provision of
law, a recipient of funds under the Elementary and Secondary Education Act of 1965 [Pub. L. 89–10, formerly
chapter 47 (§ 2701 et seq.) of this title, prior to general
amendment by Pub. L. 103–382, § 101], as such Act was in
effect on the day preceding the date of enactment of
this Act [Oct. 20, 1994], may use funds available to such
recipient under such predecessor authority to carry out
necessary and reasonable planning and transition activities in order to ensure a smooth implementation of
programs authorized by this Act [see Tables for classification].’’
BUDGET COMPLIANCE
Pub. L. 103–382, title V, § 561, Oct. 20, 1994, 108 Stat.
4058, provided that: ‘‘Any authority or requirement to
make funds available under this Act [see Tables for
classification] shall be effective only to the extent provided in appropriations Acts.’’
Pub. L. 100–297, title VI, § 6302, Apr. 28, 1988, 102 Stat.
431, provided that: ‘‘Any new spending authority (within the meaning of section 401 of the Congressional
Budget Act of 1974 [2 U.S.C. 651]) which is provided
under this Act [see Tables for classification] shall be effective for any fiscal year only to the extent or in such
amounts as are provided in appropriation Acts.’’
EX. ORD. NO. 13153. ACTIONS TO IMPROVE LOWPERFORMING SCHOOLS
Ex. Ord. No. 13153, May 3, 2000, 65 F.R. 26475, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Elementary and Secondary

§ 6301

Education Act of 1965 (ESEA) [20 U.S.C. 6301 et seq.],
the Department of Education Appropriations Act, 2000
(as contained in Public Law 106–113) [Pub. L. 106–113,
div. B, § 1000(a)(4) [title III], Nov. 29, 1999, 113 Stat. 1535,
1501A–242, see Tables for classification], and in order to
take actions to improve low-performing schools, it is
hereby ordered as follows:
SECTION 1. Policy. Since 1993, this Administration has
sought to raise standards for students and to increase
accountability in public education while investing
more resources in elementary and secondary schools.
While much has been accomplished—there has been
progress in math and reading achievement, particularly for low-achieving students and students in our
highest poverty schools—much more can be done, especially for low-performing schools.
SEC. 2. Technical Assistance and Capacity Building. (a)
The Secretary of Education (‘‘Secretary’’) shall work
with State and local educational agencies (‘‘LEAs’’) to
develop and implement a comprehensive strategy for
providing technical assistance and other assistance to
States and LEAs to strengthen their capacity to improve the performance of schools identified as low performing. This comprehensive strategy shall include a
number of steps, such as:
(1) providing States, school districts, and schools
receiving funds from the school improvement fund established by Public Law 106–113, as well as other districts and schools identified for school improvement
or corrective action under Title I of the ESEA [20
U.S.C. 6301 et seq.], with access to the latest research
and information on best practices, including research
on instruction and educator professional development, and with the opportunity to learn from exemplary schools and exemplary State and local intervention strategies and from each other, in order to
improve achievement for all students in the low-performing schools;
(2) determining effective ways of providing low-performing schools with access to resources from other
Department of Education programs, such as funds
from the Comprehensive School Reform Demonstration Program, the Reading Excellence Act [Pub. L.
105–277, div. A, § 101(f) [title VIII], Oct. 21, 1998, 112
Stat. 2681–337, 2681–391, see Tables for classification],
the Eisenhower Professional Development Program,
the Class Size Reduction Program, and the 21st Century Community Learning Centers Program, and to
make effective use of these funds and Title I funds;
(3) providing States and LEAs with information on
effective strategies to improve the quality of the
teaching force, including strategies for recruiting and
retaining highly qualified teachers in high-poverty
schools, and implementing research-based professional development programs aligned with challenging standards;
(4) helping States and school districts build partnerships with technical assistance providers, including, but not limited to, federally funded laboratories
and centers, foundations, businesses, communitybased organizations, institutions of higher education,
reform model providers, and other organizations that
can help local schools improve;
(5) identifying previously low-performing schools
that have made significant achievement gains, and
States and school districts that have been effective in
improving the achievement of all students in low-performing schools, which can serve as models and resources;
(6) providing assistance and information on how to
effectively involve parents in the school-improvement process, including effectively involving and informing parents at the beginning of the school year
about improvement goals for their school as well as
the goals for their own children, and reporting on
progress made in achieving these goals;
(7) providing States and LEAs with information on
effective approaches to school accountability, including the effectiveness of such strategies as school reconstitution, peer review teams, and financial rewards and incentives;

§ 6302

TITLE 20—EDUCATION

(8) providing LEAs with information and assistance
on the design and implementation of approaches to
choice among public schools that create incentives
for improvement throughout the local educational
agency, especially in the lowest-performing schools,
and that maximize the opportunity of students in
low-performing schools to attend a higher-performing
public school;
(9) exploring the use of well-trained tutors to raise
student achievement through initiatives such as
‘‘America Reads,’’ ‘‘America Counts,’’ and other
work-study opportunities to help low-performing
schools;
(10) using a full range of strategies for disseminating information about effective practices, including
interactive electronic communications;
(11) working with the Department of Interior, Bureau of Indian Affairs (BIA), to provide technical assistance to BIA-funded low-performing schools; and
(12) taking other steps that can help improve the
quality of teaching and instruction in low-performing
schools.
(b) The Secretary shall, to the extent permitted by
law, take whatever steps the Secretary finds necessary
and appropriate to redirect the resources and technical
assistance capability of the Department of Education
(‘‘Department’’) to assist States and localities in improving low-performing schools, and to ensure that the
dissemination of research to help turn around low-performing schools is a priority of the Department.
SEC. 3. School Improvement Report. To monitor the
progress of LEAs and schools in turning around failing
schools, including those receiving grants from the
School Improvement Fund, the Secretary shall prepare
an annual School Improvement Report, to be published
in September of each year, beginning in 2000. The report shall:
(a) describe trends in the numbers of LEAs and
schools identified as needing improvement and subsequent changes in the academic performance of their
students;
(b) identify best practices and significant research
findings that can be used to help turn around low-performing LEAs and schools; and
(c) document ongoing efforts as a result of this order
and other Federal efforts to assist States and local
school districts in intervening in low-performing
schools, including improving teacher quality. This report shall be publicly accessible.
SEC. 4. Compliance Monitoring System. Consistent with
the implementation of the School Improvement Fund,
the Secretary shall strengthen the Department’s monitoring of ESEA requirements for identifying and turning around low-performing schools, as well as any new
requirements established for the School Improvement
Fund by Public Law 106–113. The Secretary shall give
priority to provisions that have the greatest bearing on
identifying and turning around low-performing schools,
including sections 1116 and 1117 of the ESEA [former 20
U.S.C. 6316, 6317], and to developing an ongoing, focused, and systematic process for monitoring these provisions. This improved compliance monitoring shall be
designed to:
(a) ensure that States and LEAs comply with ESEA
requirements;
(b) assist States and LEAs in implementing effective
procedures and strategies that reflect the best research
available, as well as the experience of successful
schools, school districts, and States as they address
similar objectives and challenges; and
(c) assist States, LEAs, and schools in making the
most effective use of available Federal resources.
SEC. 5. Consultation. The Secretary shall, where appropriate, consult with executive agencies, State and
local education officials, educators, community-based
groups, and others in carrying out this Executive order.
SEC. 6. Judicial Review. This order is intended only to
improve the internal management of the executive
branch and is not intended to, and does not create any
right or benefit, substantive or procedural, enforceable

Page 1246

at law or equity by a party against the United States,
its agencies or instrumentalities, its officers or employees, or any other person.
WILLIAM J. CLINTON.
DEFINITIONS
Pub. L. 100–297, title VI, § 6301, Apr. 28, 1988, 102 Stat.
431, provided that: ‘‘Except as otherwise provided, for
the purpose of this Act [see Tables for classification]
the terms used in this Act have the meanings provided
under section 1471 of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 [formerly 20
U.S.C. 2891].’’

§ 6302. Authorization of appropriations
(a) Local educational agency grants
There are authorized to be appropriated to
carry out the activities described in part A—
(1) $15,012,317,605 for fiscal year 2017;
(2) $15,457,459,042 for fiscal year 2018;
(3) $15,897,371,442 for fiscal year 2019; and
(4) $16,182,344,591 for fiscal year 2020.
(b) State assessments
There are authorized to be appropriated to
carry out the activities described in part B,
$378,000,000 for each of fiscal years 2017 through
2020.
(c) Education of migratory children
There are authorized to be appropriated to
carry out the activities described in part C,
$374,751,000 for each of fiscal years 2017 through
2020.
(d) Prevention and intervention programs for
children and youth who are neglected, delinquent, or at-risk
There are authorized to be appropriated to
carry out the activities described in part D,
$47,614,000 for each of fiscal years 2017 through
2020.
(e) Federal activities
For the purpose of carrying out evaluation activities related to subchapter I under section
7981 of this title, there are authorized to be appropriated $710,000 for each of fiscal years 2017
through 2020.
(f) Sense of Congress regarding adjustments to
authorizations of appropriations provided in
this chapter for future budget agreements
It is the sense of Congress that if legislation is
enacted that revises the limits on discretionary
spending established under section 901(c) of title
2, the levels of appropriations authorized
throughout this chapter should be adjusted in a
manner that is consistent with the adjustments
in nonsecurity category funding provided for
under the revised limits on discretionary spending.
(Pub. L. 89–10, title I, § 1002, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1440;
amended Pub. L. 114–95, title I, § 1002, Dec. 10,
2015, 129 Stat. 1814.)
PRIOR PROVISIONS
A prior section 6302, Pub. L. 89–10, title I, § 1002, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3522; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI,
§ 1602], Dec. 21, 2000, 114 Stat. 2763, 2763A–328, authorized
appropriations, prior to the general amendment of this
subchapter by Pub. L. 107–110.