Every Student Succeeds Act

Page 1335

TITLE 20—EDUCATION

Section 6214, Pub. L. 103–239, title V, § 504, May 4, 1994,
108 Stat. 601, related to combination of Federal funds
for high poverty schools.
Section 6215, Pub. L. 103–239, title V, § 505, May 4, 1994,
108 Stat. 602, related to combination of Federal funds
by States for school-to-work activities.

SUBCHAPTER VI—GENERAL PROVISIONS
§§ 6231 to 6235. Omitted

Sec.

6334.
6335.
6336.
6337.
6338.
6339.

PART B—STATE ASSESSMENT GRANTS

Editorial Notes
CODIFICATION

6361.

Sections 6231 to 6235 were omitted pursuant to section
6251 of this title which provided that the authority
under this chapter terminated on Oct. 1, 2001.
Section 6231, Pub. L. 103–239, title VI, § 601, May 4,
1994, 108 Stat. 603, related to requirements applicable to
programs under this chapter.
Section 6232, Pub. L. 103–239, title VI, § 602, May 4,
1994, 108 Stat. 604, related to sanctions.
Section 6233, Pub. L. 103–239, title VI, § 603, May 4,
1994, 108 Stat. 604, related to State authority.
Section 6234, Pub. L. 103–239, title VI, § 604, May 4,
1994, 108 Stat. 605, related to prohibition on Federal
mandates, direction, and control.
Section 6235, Pub. L. 103–239, title VI, § 605, May 4,
1994, 108 Stat. 605; Pub. L. 105–362, title VIII, § 801(c)(6),
Nov. 10, 1998, 112 Stat. 3288, authorized appropriations.

6362.

SUBCHAPTER VII—TECHNICAL PROVISIONS
§ 6251. Omitted
Editorial Notes

6363.
6364.

CHAPTER 70—STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS
SUBCHAPTER I—IMPROVING THE ACADEMIC
ACHIEVEMENT OF THE DISADVANTAGED
Sec.

6301.
6302.
6303.
6303a.
6303b.
6304.

Statement of purpose.
Authorization of appropriations.
School improvement.
Whole-school reform strategy.
Direct student services.
State administration.

6397.
6398.
6399.

SUBPART 1—BASIC PROGRAM REQUIREMENTS

SUBPART 2—ALLOCATIONS

6331.
6332.
6333.

Grants for the outlying areas and the Secretary of the Interior.
Allocations to States.
Basic grants to local educational agencies.

Program purposes.
Program authorized.
State allocations.
State applications; services.
Secretarial approval; peer review.
Comprehensive needs assessment and servicedelivery plan; authorized activities.
Bypass.
Coordination of migrant education activities.
Definitions.

PART D—PREVENTION AND INTERVENTION PROGRAMS
FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK
6421.
6422.

Purpose and program authorization.
Payments for programs under this part.
SUBPART 1—STATE AGENCY PROGRAMS

6431.
6432.
6433.
6434.
6435.
6436.
6437.
6438.
6439.

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.
Technical assistance.
SUBPART 2—LOCAL AGENCY PROGRAMS

6451.
6452.

6456.

Purpose.
Programs operated by local educational agencies.
Local educational agency applications.
Uses of funds.
Program requirements for correctional facilities receiving funds under this section.
Accountability.

6471.
6472.

Program evaluations.
Definitions.

6453.
6454.
6455.

PART A—IMPROVING BASIC PROGRAMS OPERATED BY
LOCAL EDUCATIONAL AGENCIES

6311.
State plans.
6312.
Local educational agency plans.
6313.
Eligible school attendance areas.
6314.
Schoolwide programs.
6315.
Targeted assistance schools.
6316, 6317. Repealed.
6318.
Parent and family engagement.
6319.
Repealed.
6320.
Participation of children enrolled in private
schools.
6321.
Fiscal requirements.
6322.
Coordination requirements.

Grants for State assessments and related activities.
State option to conduct assessment system
audit.
Allotment of appropriated funds.
Innovative assessment and accountability
demonstration authority.
PART C—EDUCATION OF MIGRATORY CHILDREN

6391.
6392.
6393.
6394.
6395.
6396.

CODIFICATION
Section, Pub. L. 103–239, title VIII, § 802, May 4, 1994,
108 Stat. 608, provided that the authority under this
chapter terminated on Oct. 1, 2001.

Concentration grants to local educational
agencies.
Targeted grants to local educational agencies.
Adequacy of funding to local educational
agencies in fiscal years after fiscal year
2001.
Education finance incentive grant program.
Special allocation procedures.
Carryover and waiver.

SUBPART 3—GENERAL PROVISIONS

PART E—FLEXIBILITY FOR EQUITABLE PER-PUPIL
FUNDING
6491.

Flexibility for equitable per-pupil funding.
PART F—GENERAL PROVISIONS

6571.
6572.
6573.
6574.
6575.

Federal regulations.
Agreements and records.
State administration.
Repealed.
Prohibition against Federal mandates, direction, or control.
6576.
Rule of construction on equalized spending.
6577, 6578. Repealed.
SUBCHAPTER II—PREPARING, TRAINING, AND
RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS
6601.

Purpose.

TITLE 20—EDUCATION
Sec.

6602.
6603.

Sec.

Definitions.
Authorization of appropriations.
PART A—SUPPORTING EFFECTIVE INSTRUCTION

6611.
6612.
6613.
6614.

Formula grants to States.
Subgrants to local educational agencies.
Local uses of funds.
Reporting.
PART B—NATIONAL ACTIVITIES

6621.

6633.

Purposes; definitions.
Teacher and school leader incentive fund
grants.
Reports.

SUBPART 2—LITERACY EDUCATION FOR ALL, RESULTS FOR
THE NATION

6641.
6642.
6643.
6644.
6645.
6646.

Purposes; definitions.
Comprehensive literacy State development
grants.
Subgrants to eligible entities in support of
birth through kindergarten entry literacy.
Subgrants to eligible entities in support of
kindergarten through grade 12 literacy.
National evaluation and information dissemination.
Innovative approaches to literacy.

SUBPART 3—AMERICAN HISTORY AND CIVICS EDUCATION

6661.
6662.
6663.

6842.
6843.
6844.
6845.
6846.
6847.
6848.
6849.

Repealed.
Biennial reports.
Coordination with related programs.
Rules of construction.
Legal authority under State law.
Civil rights.
Programs for Native Americans and Puerto
Rico.
Prohibition.

6861.

National professional development project.

6871.

Repealed.

7011.
7012.
7013.
7014.

Definitions.
Repealed.
National clearinghouse.
Regulations.

SUBPART 3—NATIONAL ACTIVITIES

Reservations.

SUBPART 1—TEACHER AND SCHOOL LEADER INCENTIVE
PROGRAM

6631.
6632.

Program authorized.
Presidential and Congressional Academies for
American History and Civics.
National activities.

SUBPART 4—DEFINITIONS

PART B—GENERAL PROVISIONS

SUBCHAPTER IV—21ST CENTURY SCHOOLS
PART A—STUDENT SUPPORT AND ACADEMIC
ENRICHMENT GRANTS
7101.
General provisions.
7102, 7103. Repealed.
SUBPART 1—STUDENT SUPPORT AND ACADEMIC
ENRICHMENT GRANTS

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

7120.
7121.
7122.

Purpose.
Definitions.
Formula grants to States.
State use of funds.
Allocations to local educational agencies.
Local educational agency applications.
Activities to support well-rounded educational opportunities.
Activities to support safe and healthy students.
Activities to support the effective use of technology.
Supplement, not supplant.
Rule of construction.
Authorization of appropriations.

7131.

Internet safety.

7151.

Transferred.

SUBPART 4—PROGRAMS OF NATIONAL SIGNIFICANCE

6671.
6672.
6673.
6674.
6675.

Funding allotment.
Supporting effective educator development.
School leader recruitment and support.
Technical assistance and national evaluation.

SUBPART 5—RECOGNIZING ACHIEVEMENT IN CLASSIFIED
SCHOOL EMPLOYEES

6681.
6682.
6683.

Page 1336

Findings.
Definitions.
Recognition program established.
STEM master teacher corps.

7118.
7119.

SUBPART 2—INTERNET SAFETY

SUBPART 3—GUN POSSESSION

PART C—GENERAL PROVISIONS
6691.
6692.

Supplement, not supplant.
Rules of construction.

SUBCHAPTER III—LANGUAGE INSTRUCTION FOR
ENGLISH LEARNERS AND IMMIGRANT STUDENTS
6801.

Authorization of appropriations.

PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE
ENHANCEMENT, AND ACADEMIC ACHIEVEMENT ACT
6811.
6812.

Short title.
Purposes.

SUBPART 1—GRANTS AND SUBGRANTS FOR ENGLISH
LANGUAGE ACQUISITION AND LANGUAGE ENHANCEMENT

6821.
6822.
6823.
6824.
6825.
6826.

Formula grants to States.
Native American and Alaska Native children
in school.
State and specially qualified agency plans.
Within-State allocations.
Subgrants to eligible entities.
Local plans.

SUBPART 2—ACCOUNTABILITY AND ADMINISTRATION

6841.

Reporting.

SUBPART 4—GENERAL PROVISIONS

7161 to 7164. Repealed.
7165.
Transferred.
PART B—21ST CENTURY COMMUNITY LEARNING CENTERS
7171.
7172.
7173.
7174.
7175.
7176.

Purpose; definitions.
Allotments to States.
State application.
Local competitive subgrant program.
Local activities.
Authorization of appropriations.

PART C—EXPANDING OPPORTUNITY THROUGH QUALITY
CHARTER SCHOOLS
7221.
7221a.
7221b.
7221c.
7221d.
7221e.
7221f.

Purpose.
Program authorized.
Grants to support high-quality charter
schools.
Facilities financing assistance.
National activities.
Federal formula allocation during first year
and for successive enrollment expansions.
Solicitation of input from charter school operators.

Page 1337

TITLE 20—EDUCATION

Sec.

Sec.

7221g.
7221h.
7221i.
7221j.

Records transfer.
Paperwork reduction.
Definitions.
Authorization of appropriations.
PART D—MAGNET SCHOOLS ASSISTANCE

7231.
7231a.
7231b.
7231c.
7231d.
7231e.
7231f.
7231g.
7231h.
7231i.
7231j.

Findings and purpose.
Definition.
Program authorized.
Eligibility.
Applications and requirements.
Priority.
Use of funds.
Repealed.
Limitations.
Repealed.
Authorization of appropriations; reservation.

PART E—FAMILY ENGAGEMENT IN EDUCATION
PROGRAMS
7241.
7242.
7243.
7244.
7245.
7246.

Purposes.
Grants authorized.
Applications.
Uses of funds.
Family engagement in Indian schools.
Authorization of appropriations.

7251.

Authorization of appropriations; reservations.

PART F—NATIONAL ACTIVITIES

SUBPART 1—EDUCATION INNOVATION AND RESEARCH

7261.

Grants for education innovation and research.

SUBPART 2—COMMUNITY SUPPORT FOR SCHOOL SUCCESS

7271.
7272.
7273.
7274.
7275.

Purposes.
Definitions.
Program authorized.
Promise neighborhoods.
Full-service community schools.

SUBPART 3—NATIONAL ACTIVITIES FOR SCHOOL SAFETY

7281.

National activities for school safety.
SUBPART 4—ACADEMIC ENRICHMENT

7291.
7292.
7293.
7294.

Awards for academic enrichment.
Assistance for arts education.
Ready to learn programming.
Supporting high-ability learners and learning.
SUBCHAPTER V—FLEXIBILITY AND
ACCOUNTABILITY

7355a.
7355b.
7355c.

Supplement, not supplant.
Rule of construction.
Authorization of appropriations.

7371.

Prohibition against Federal mandates, direction, or control.
Rule of construction on equalized spending.

PART C—GENERAL PROVISIONS

7372.

SUBCHAPTER VI—INDIAN, NATIVE HAWAIIAN,
AND ALASKA NATIVE EDUCATION
PART A—INDIAN EDUCATION
7401.
7402.

SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL
AGENCIES

7421.
7422.
7423.
7424.
7425.
7426.
7427.
7428.
7429.

Short title.
Purpose.
Transferability of funds.
PART B—RURAL EDUCATION INITIATIVE

7341.
7341a.

Short title.
Purpose.

SUBPART 1—SMALL, RURAL SCHOOL ACHIEVEMENT
PROGRAM

7345.
7345a.
7345b.

Use of applicable funding.
Grant program authorized.
Repealed.

SUBPART 2—RURAL AND LOW-INCOME SCHOOL PROGRAM

7351.
7351a.
7351b.
7351c.
7351d.

Program authorized.
Uses of funds.
Applications.
Report.
Choice of participation.
SUBPART 3—GENERAL PROVISIONS

7355.

Annual average daily attendance determination.

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

7441.
7442.

Improvement of educational opportunities for
Indian children and youth.
Professional development for teachers and
education professionals.
SUBPART 3—NATIONAL ACTIVITIES

7451.
7452.

National research activities.
Grants to tribes for education administrative
planning, development, and coordination.
7453.
Native American and Alaska Native language
immersion schools and programs.
7454 to 7456. Repealed or Transferred.
SUBPART 4—FEDERAL ADMINISTRATION

7471.
7472.
7473.
7474.

PART A—FUNDING TRANSFERABILITY FOR STATE AND
LOCAL EDUCATIONAL AGENCIES
7305.
7305a.
7305b.

Statement of policy.
Purpose.

National Advisory Council on Indian Education.
Peer review.
Preference for Indian applicants.
Minimum grant criteria.
SUBPART 5—DEFINITIONS; AUTHORIZATIONS OF
APPROPRIATIONS

7491.
7492.

Definitions.
Authorizations of appropriations.
PART B—NATIVE HAWAIIAN EDUCATION

7511.
7512.
7513.
7514.
7515.
7516.
7517.

Short title.
Findings.
Purposes.
Native Hawaiian Education Council.
Program authorized.
Administrative provisions.
Definitions.
PART C—ALASKA NATIVE EDUCATION

7541.
7542.
7543.
7544.
7545.
7546.

Short title.
Findings.
Purposes.
Program authorized.
Administrative provisions.
Definitions.

7701.
7702.

Purpose.
Payments relating to Federal acquisition of
real property.

SUBCHAPTER VII—IMPACT AID

TITLE 20—EDUCATION
Sec.

Page 1338

Sec.

7703.
7703a.
7703b.

7703c.

7704.
7705.
7707.
7708.
7709.
7710.
7711.
7712.
7713.
7713a.

7714.

Payments for eligible federally connected
children.
Impact aid for children with severe disabilities.
Assistance to local educational agencies that
benefit dependents of members of the
Armed Forces and Department of Defense
civilian employees.
Plan and authority to assist local educational
agencies experiencing growth in enrollment
due to force structure changes, relocation
of military units, or base closures and realignments.
Policies and procedures relating to children
residing on Indian lands.
Application for payments under sections 7702
and 7703 of this title.
Construction.
Facilities.
State consideration of payments in providing
State aid.
Federal administration.
Administrative hearings and judicial review.
Forgiveness of overpayments.
Definitions.
School facilities for children of Government
employees and other residents in Indian
reservations, national parks, and national
monuments.
Authorization of appropriations.

SUBCHAPTER VIII—GENERAL PROVISIONS
PART A—DEFINITIONS
7801.
7802.
7803.

Definitions.
Applicability of subchapter.
Applicability to Bureau of Indian Education
operated schools.

PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE
AND OTHER FUNDS
7821.

7822.
7823.
7824.
7825.

Consolidation of State administrative funds
for elementary and secondary education
programs.
Single local educational agency States.
Consolidation of funds for local administration.
Consolidated set-aside for Department of the
Interior funds.
Department staff.

PART C—COORDINATION OF PROGRAMS; CONSOLIDATED
STATE AND LOCAL PLANS AND APPLICATIONS
7841.
7842.
7843.
7844.
7845.
7846.

Purposes.
Optional consolidated State plans or applications.
Consolidated reporting.
General applicability of State educational
agency assurances.
Consolidated local plans or applications.
Other general assurances.
PART D—WAIVERS

7861.

Waivers of statutory and regulatory requirements.

PART E—APPROVAL AND DISAPPROVAL OF STATE
PLANS AND LOCAL APPLICATIONS
7871.
7872.

Approval and disapproval of State plans.
Approval and disapproval of local educational
agency applications.
PART F—UNIFORM PROVISIONS

7883.
7884.
7885.
7886.

SUBPART 2—OTHER PROVISIONS

7901.
7902.
7903.
7904.
7905.
7906.
7906a.
7907.
7908.
7909.
7910.

7910a.
7911.
7912.
7913.
7914.
7915.
7916.
7917.
7918.
7919.
7920.
7921.
7922.
7923.
7924.
7925.
7926.
7927.
7928.
7929.
7930.
7931.
7932.
7933.
7934.

7882.

Participation by private school children and
teachers.
Standards for by-pass.

Maintenance of effort.
Prohibition regarding State aid.
Privacy of assessment results.
School prayer.
Equal access to public school facilities.
Prohibited uses of funds.
Prohibition against Federal mandates, direction, or control.
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, principals, or other
school leaders.
Prohibition on requiring State participation.
Prohibition on nationwide database.
Unsafe school choice option.
Prohibition on discrimination.
Civil rights.
Rulemaking.
Severability.
Transfer of school disciplinary records.
Consultation with Indian tribes and tribal organizations.
Outreach and technical assistance for rural
local educational agencies.
Consultation with the Governor.
Local governance.
Rule of construction regarding travel to and
from school.
Limitations on school-based health centers.
State control over standards.
Sense of Congress on protecting student privacy.
Prohibition on aiding and abetting sexual
abuse.
Sense of Congress on restoration of State sovereignty over public education.
Privacy.
Analysis and periodic review of departmental
guidance.
Sense of Congress.
Sense of Congress on early learning and child
care.
Technical assistance.
Preventing improper use of taxpayer funds.
Accountability to taxpayers through monitoring and oversight.
SUBPART 3—TEACHER LIABILITY PROTECTION

7941.
7942.
7943.
7944.
7945.

7948.

Short title.
Purpose.
Definitions.
Applicability.
Preemption and election of State nonapplicability.
Limitation on liability for teachers.
Allocation of responsibility for noneconomic
loss.
Effective date.

7961.

Gun-free requirements.

7946.
7947.

SUBPART 4—GUN POSSESSION

SUBPART 1—PRIVATE SCHOOLS

7881.

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 5—ENVIRONMENTAL TOBACCO SMOKE

7971.
7972.
7973.

Short title.
Definitions.
Nonsmoking policy for children’s services.

Page 1339

TITLE 20—EDUCATION

Sec.

Sec.

7974.

Preemption.
PART G—EVALUATIONS

7981.

PART K—NATIONAL WRITING PROJECT
8331, 8332. Repealed.

Evaluations.

SUBCHAPTER X—PROGRAMS OF NATIONAL
SIGNIFICANCE
PART A—FUND FOR THE IMPROVEMENT OF EDUCATION
8001 to 8007. Repealed.
PART B—GIFTED AND TALENTED CHILDREN

PART L—PHYSICAL EDUCATION FOR PROGRESS
8351 to 8361. Repealed.
PART M—TERRITORIAL ASSISTANCE
8371.

SUBCHAPTER XI—COORDINATED SERVICES
8401 to 8407. Repealed.

8031 to 8037. Repealed.

SUBCHAPTER XII—SCHOOL FACILITIES
INFRASTRUCTURE IMPROVEMENT

PART C—PUBLIC CHARTER SCHOOLS
SUBPART 1—BASIC CHARTER SCHOOL GRANT PROGRAM

8061 to 8067. Repealed.
SUBPART 2—CREDIT ENHANCEMENT INITIATIVES TO ASSIST CHARTER SCHOOL FACILITY ACQUISITION, CONSTRUCTION, AND RENOVATION

8071 to 8071j. Repealed.

8501 to 8513. Repealed.
SUBCHAPTER XIII—SUPPORT AND ASSISTANCE
PROGRAMS TO IMPROVE EDUCATION
8601, 8602. Repealed.
PART A—COMPREHENSIVE REGIONAL ASSISTANCE
CENTERS
8621 to 8625. Transferred.

PART D—ARTS IN EDUCATION
SUBPART 1—ARTS EDUCATION

8091.

Repealed.

SUBPART 2—CULTURAL PARTNERSHIPS FOR AT-RISK
CHILDREN AND YOUTH

8101 to 8105. Repealed.
PART E—INEXPENSIVE BOOK DISTRIBUTION PROGRAM
8131.

PART B—NATIONAL DIFFUSION NETWORK
8651, 8652. Transferred.
PART C—EISENHOWER REGIONAL MATHEMATICS AND
SCIENCE EDUCATION CONSORTIA
8671 to 8678. Transferred.
PART D—TECHNOLOGY-BASED TECHNICAL ASSISTANCE
8701.

Repealed.

PART G—ALLEN J. ELLENDER FELLOWSHIP PROGRAM
8161.

Repealed.

SUBPART 1—PROGRAM FOR MIDDLE AND SECONDARY
SCHOOL STUDENTS

8171, 8172. Repealed.
SUBPART 2—PROGRAM FOR MIDDLE AND SECONDARY
SCHOOL TEACHERS

8181, 8182. Repealed.

PART A—DEFINITIONS
8801 to 8803. Repealed.
PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE
AND OTHER FUNDS
8821 to 8826. Repealed.
PART C—COORDINATION OF PROGRAMS; CONSOLIDATED
STATE AND LOCAL PLANS AND APPLICATIONS
8851 to 8857. Repealed.
PART D—WAIVERS
8881.

SUBPART 3—PROGRAMS FOR RECENT IMMIGRANTS,
STUDENTS OF MIGRANT PARENTS AND OLDER AMERICANS

8191, 8192. Repealed.

PART H—DE LUGO TERRITORIAL EDUCATION
IMPROVEMENT PROGRAM
8221 to 8224. Repealed.
PART I—21ST CENTURY COMMUNITY LEARNING CENTERS
8241 to 8247. Repealed.
PART J—URBAN AND RURAL EDUCATION ASSISTANCE
8271, 8272. Repealed.
SUBPART 1—URBAN EDUCATION DEMONSTRATION GRANTS

8281 to 8284. Repealed.
SUBPART 2—RURAL EDUCATION INITIATIVE

8291 to 8297. Repealed.
SUBPART 3—WHITE HOUSE CONFERENCES

8311, 8312. Repealed.

Repealed.
PART E—UNIFORM PROVISIONS

8891 to 8904. Repealed.
PART F—GUN POSSESSION

SUBPART 4—GENERAL PROVISIONS

8201, 8202. Repealed.

Transferred.
SUBCHAPTER XIV—GENERAL PROVISIONS

PART F—CIVIC EDUCATION
8141 to 8143. Repealed.

Repealed.

8921 to 8923. Repealed.
PART G—EVALUATIONS
8941.

Repealed.
PART H—SENSE OF CONGRESS

8961, 8962. Repealed.
Editorial Notes
CODIFICATION
The Elementary and Secondary Education Act of
1965, comprising this chapter, was originally enacted as
Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and amended by
Pub. L. 89–750, Nov. 3, 1966, 80 Stat. 1191; Pub. L. 90–247,
Jan. 2, 1968, 81 Stat. 783; Pub. L. 90–576, title III, § 307,
Oct. 16, 1968, 82 Stat. 1097; Pub. L. 91–230, Apr. 13, 1970,
84 Stat. 121; Pub. L. 92–318, June 23, 1972, 86 Stat. 235;
Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94–193,
§ 1(c), Dec. 31, 1975, 89 Stat. 1102; Pub. L. 94–273, §§ 2(12),
3(8), 49(a)–(c), Apr. 21, 1976, 90 Stat. 375, 376, 382; Pub. L.

TITLE 20—EDUCATION

§ 6301

94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95–112, Aug. 24,
1977, 91 Stat. 911, and was classified to sections 241a et
seq., 242 et seq., 331 et seq., 821 et seq., and 1801 et seq.
of this title. The Act was subsequently extensively revised and restated by Pub. L. 95–561, Nov. 1, 1978, 92
Stat. 2143, and amended by Pub. L. 96–46, Aug. 6, 1979,
93 Stat. 338; Pub. L. 96–88, Oct. 17, 1979, 93 Stat. 668; Pub.
L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 96–470, Oct.
19, 1980, 94 Stat. 2237; Pub. L. 97–35, Aug. 13, 1981, 95
Stat. 357; Pub. L. 98–211, Dec. 8, 1983, 97 Stat. 1412; Pub.
L. 98–511, Oct. 19, 1984, 98 Stat. 2366; Pub. L. 98–524, Oct.
19, 1984, 98 Stat. 2435; Pub. L. 99–159, Nov. 22, 1985, 99
Stat. 887, and was classified to section 2701 et seq. of
this title. The Act was subsequently extensively revised and restated by Pub. L. 100–297, Apr. 28, 1988, 102
Stat. 130, and amended by Pub. L. 100–569, Oct. 31, 1988,
102 Stat. 2862; Pub. L. 100–570, Oct. 31, 1988, 102 Stat.
2865; Pub. L. 100–690, Nov. 18, 1988, 102 Stat. 4181; Pub. L.
101–226, Dec. 12, 1989, 103 Stat. 1928; Pub. L. 101–250, Mar.
6, 1990, 104 Stat. 96; Pub. L. 101–476, Oct. 30, 1990, 104
Stat. 1103; Pub. L. 101–589, Nov. 16, 1990, 104 Stat. 2881;
Pub. L. 101–600, Nov. 16, 1990, 104 Stat. 3042; Pub. L.
101–647, Nov. 29, 1990, 104 Stat. 4789; Pub. L. 102–62, June
27, 1991, 105 Stat. 305; Pub. L. 102–73, July 25, 1991, 105
Stat. 333; Pub. L. 102–103, Aug. 17, 1991, 105 Stat. 497;
Pub. L. 102–325, July 23, 1992, 106 Stat. 448; Pub. L.
102–359, Aug. 26, 1992, 106 Stat. 962; Pub. L. 102–545, Oct.
27, 1992, 106 Stat. 3586; Pub. L. 103–227, Mar. 31, 1994, 108
Stat. 125; Pub. L. 103–252, May 18, 1994, 108 Stat. 623, and
was classified to section 2701 et seq. of this title. The
Act was subsequently extensively revised and restated
by Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518, and
amended by Pub. L. 104–5, Mar. 23, 1995, 109 Stat. 72;
Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 186; Pub. L.
104–134, Apr. 26, 1996, 110 Stat. 1321; Pub. L. 104–140, May
2, 1996, 110 Stat. 1327; Pub. L. 104–193, Aug. 22, 1996, 110
Stat. 2105; Pub. L. 104–195, Sept. 16, 1996, 110 Stat. 2379;
Pub. L. 104–201, Sept. 23, 1996, 110 Stat. 2422; Pub. L.
104–208, Sept. 30, 1996, 110 Stat. 3009; Pub. L. 105–18, June
12, 1997, 111 Stat. 158; Pub. L. 105–78, Nov. 13, 1997, 111
Stat. 1467; Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936;
Pub. L. 105–244, Oct. 7, 1998, 112 Stat. 1581; Pub. L.
105–277, Oct. 21, 1998, 112 Stat. 2681; Pub. L. 105–278, Oct.
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-

Editorial Notes
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.

Page 1340

(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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.
‘‘(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

Page 1341

TITLE 20—EDUCATION

‘‘(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
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.’’

§ 6301

SHORT TITLE OF 2017 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’.’’
SHORT TITLE OF 2015 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’.’’
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 2002 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’.’’
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
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

SHORT TITLE OF 2019 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’.’’

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’.’’

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 2020 AMENDMENT
Pub. L. 116–211, § 1, Dec. 4, 2020, 134 Stat. 1017, provided
that: ‘‘This Act [enacting provisions set out as notes
under sections 6393 and 7705 of this title] may be cited
as the ‘Impact Aid Coronavirus Relief Act’.’’

SHORT TITLE OF 1992 AMENDMENT

TITLE 20—EDUCATION

§ 6301

SHORT TITLE OF 1991 AMENDMENT
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 1990 AMENDMENT
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 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 1988 AMENDMENT
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 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’.’’
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’.’’

Page 1342

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.
‘‘(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:

Page 1343

TITLE 20—EDUCATION

‘‘(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.
‘‘(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

§ 6301

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.’’
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].’’
Executive Documents
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
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.

§ 6302

TITLE 20—EDUCATION

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;
(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;

Page 1344

(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
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.

§ 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,

Page 1345

TITLE 20—EDUCATION

$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.)
Editorial Notes
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.
A prior section 1002 of Pub. L. 89–10 was renumbered
section 9002 and was classified to section 3382 of this
title, prior to the general amendment of Pub. L. 89–10
by Pub. L. 103–382.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section consisted of subsecs. (a) to (i)
relating to authorization of appropriations for fiscal
years 2002 through 2007.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6303. School improvement
(a) State reservations
To carry out subsection (b) and the State educational agency’s statewide system of technical

§ 6303

assistance and support for local educational
agencies, each State shall reserve the greater
of—
(1) 7 percent of the amount the State receives under subpart 2 of part A; or
(2) the sum of the amount the State—
(A) reserved for fiscal year 2016 under this
subsection, as in effect on the day before December 10, 2015; and
(B) received for fiscal year 2016 under subsection (g), as in effect on the day before December 10, 2015.
(b) Uses
Of the amount reserved under subsection (a)
for any fiscal year, the State educational agency—
(1)(A) shall allocate not less than 95 percent
of that amount to make grants to local educational agencies on a formula or competitive
basis, to serve schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d) of this title; or
(B) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through
other entities such as school support teams,
educational service agencies, or nonprofit or
for-profit external providers with expertise in
using evidence-based strategies to improve
student achievement, instruction, and schools;
and
(2) shall use the funds not allocated to local
educational agencies under paragraph (1) to
carry out this section, which shall include—
(A) establishing the method, consistent
with paragraph (1)(A), the State will use to
allocate funds to local educational agencies
under such paragraph, including ensuring—
(i) the local educational agencies receiving an allotment under such paragraph
represent the geographic diversity of the
State; and
(ii) that allotments are of sufficient size
to enable a local educational agency to effectively implement selected strategies;
(B) monitoring and evaluating the use of
funds by local educational agencies receiving an allotment under such paragraph; and
(C) as appropriate, reducing barriers and
providing operational flexibility for schools
in the implementation of comprehensive
support and improvement activities or targeted support and improvement activities
under section 6311(d) of this title.
(c) Duration
The State educational agency shall award
each subgrant under subsection (b) for a period
of not more than 4 years, which may include a
planning year.
(d) Rule of construction
Nothing in this section shall be construed as
prohibiting a State from allocating subgrants
under this section to a statewide school district,
consortium of local educational agencies, or an
educational service agency that serves schools
implementing comprehensive support and improvement activities or targeted support and
improvement activities, if such entities are le-

§ 6303a

TITLE 20—EDUCATION

gally constituted or recognized as local educational agencies in the State.
(e) Application
To receive an allotment under subsection
(b)(1), a local educational agency shall submit
an application to the State educational agency
at such time, in such form, and including such
information as the State educational agency
may require. Each application shall include, at
a minimum—
(1) a description of how the local educational
agency will carry out its responsibilities under
section 6311(d) of this title for schools receiving funds under this section, including how the
local educational agency will—
(A) develop comprehensive support and improvement plans under section 6311(d)(1) of
this title for schools receiving funds under
this section;
(B) support schools developing or implementing targeted support and improvement
plans under section 6311(d)(2) of this title, if
funds received under this section are used
for such purpose;
(C) monitor schools receiving funds under
this section, including how the local educational agency will carry out its responsibilities under clauses (iv) and (v) of section
6311(d)(2)(B) of this title if funds received
under this section are used to support
schools implementing targeted support and
improvement plans;
(D) use a rigorous review process to recruit, screen, select, and evaluate any external partners with whom the local educational agency will partner;
(E) align other Federal, State, and local
resources to carry out the activities supported with funds received under subsection
(b)(1); and
(F) as appropriate, modify practices and
policies to provide operational flexibility
that enables full and effective implementation of the plans described in paragraphs (1)
and (2) of section 6311(d) of this title; and
(2) an assurance that each school the local
educational agency proposes to serve will receive all of the State and local funds it would
have received in the absence of funds received
under this section.
(f) Priority
The State educational agency, in allocating
funds to local educational agencies under this
section, shall give priority to local educational
agencies that—
(1) serve high numbers, or a high percentage
of, elementary schools and secondary schools
implementing plans under paragraphs (1) and
(2) of section 6311(d) of this title;
(2) demonstrate the greatest need for such
funds, as determined by the State; and
(3) demonstrate the strongest commitment
to using funds under this section to enable the
lowest-performing schools to improve student
achievement and student outcomes.
(g) Unused funds
If, after consultation with local educational
agencies in the State, the State educational
agency determines that the amount of funds re-

Page 1346

served to carry out subsection (b) is greater
than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess
amount to local educational agencies in accordance with—
(1) the relative allocations the State educational agency made to those agencies for
that fiscal year under subpart 2 of part A; or
(2) section 6338(c) of this title.
(h) Special rule
Notwithstanding any other provision of this
section, the amount of funds reserved by the
State educational agency under subsection (a)
for fiscal year 2018 and each subsequent fiscal
year shall not decrease the amount of funds
each local educational agency receives under
subpart 2 of part A below the amount received
by such local educational agency under such
subpart for the preceding fiscal year.
(i) Reporting
The State shall include in the report described
in section 6311(h)(1) of this title a list of all the
local educational agencies and schools that received funds under this section, including the
amount of funds each school received and the
types of strategies implemented in each school
with such funds.
(Pub. L. 89–10, title I, § 1003, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1442;
amended Pub. L. 114–95, title I, § 1003, Dec. 10,
2015, 129 Stat. 1815.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6303, Pub. L. 89–10, title I, § 1003, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3522, related to reservation and allocation for school
improvement, prior to the general amendment of this
subchapter by Pub. L. 107–110.
A prior section 1003 of Pub. L. 89–10 was renumbered
section 9003 and was classified to section 3383 of this
title, prior to the general amendment of Pub. L. 89–10
by Pub. L. 103–382.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section consisted of subsecs. (a) to (g)
relating to State reservations of amounts, uses of
amounts, priority in allocating funds, allocation of unused funds, special rule limiting decrease of amounts
received under subpart 2 of part A, reporting of list of
recipient schools and percentage of students from families with incomes below poverty line, and grants program for assistance for local school improvement.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6303a. Whole-school reform strategy
Funds available for school improvement
grants for fiscal year 2014 and thereafter may be
used by a local educational agency to implement
a whole-school reform strategy for a school

Page 1347

TITLE 20—EDUCATION

using an evidence-based strategy that ensures
whole-school reform is undertaken in partnership with a strategy developer offering a wholeschool reform program that is based on at least
a moderate level of evidence that the program
will have a statistically significant effect on
student outcomes, including at least one welldesigned and well-implemented experimental or
quasi-experimental study.
(Pub. L. 114–113, div. H, title III, Dec. 18, 2015, 129
Stat. 2627.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Department of
Education Appropriations Act, 2016, and also as part of
the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations
Act, 2016, and the Consolidated Appropriations Act,
2016, and not as part of the Elementary and Secondary
Education Act of 1965 which comprises this chapter.
Statutory Notes and Related Subsidiaries
SIMILAR PROVISIONS
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 113–235, div. G, title III, Dec. 16, 2014, 128 Stat.
2493.

§ 6303b. Direct student services
(a) State reservation
(1) In general
(A) States
Each State educational agency, after
meaningful consultation with geographically diverse local educational agencies described in subparagraph (B), may reserve not
more than 3 percent of the amount the State
educational agency receives under subpart 2
of part A for each fiscal year to carry out
this section.
(B) Consultation
A State educational agency shall consult
under subparagraph (A) with local educational agencies that include—
(i) suburban, rural, and urban local educational agencies;
(ii) local educational agencies serving a
high percentage of schools identified by
the State for comprehensive support and
improvement under section 6311(c)(4)(D)(i)
of this title; and
(iii) local educational agencies serving a
high percentage of schools implementing
targeted support and improvement plans
under section 6311(d)(2) of this title.
(2) Program administration
Of the funds reserved under paragraph (1)(A),
the State educational agency may use not
more than 1 percent to administer the program described in this section.
(b) Awards
(1) In general
From the amount reserved under subsection
(a) by a State educational agency, the State
educational agency shall award grants to geo-

§ 6303b

graphically diverse local educational agencies
described in subsection (a)(1)(B)(i).
(2) Priority
In making such awards, the State educational agency shall prioritize awards to
local educational agencies serving the highest
percentage of schools, as compared to other
local educational agencies in the State—
(A) identified by the State for comprehensive support and improvement under section
6311(c)(4)(D)(i) of this title; or
(B) implementing targeted support and improvement plans under section 6311(d)(2) of
this title.
(c) Local use of funds
A local educational agency receiving an award
under this section—
(1) may use not more than 1 percent of its
award for outreach and communication to parents about available direct student services
described in paragraph (3) in the local educational agency and State;
(2) may use not more than 2 percent of its
award for administrative costs related to such
direct student services;
(3) shall use the remainder of the award to
pay the costs associated with one or more of
the following direct student services—
(A) enrollment and participation in academic courses not otherwise available at a
student’s school, including—
(i) advanced courses; and
(ii) career and technical education
coursework that—
(I) is aligned with the challenging
State academic standards; and
(II) leads to industry-recognized credentials that meet the quality criteria
established by the State under section
3153(a) of title 29;
(B) credit recovery and academic acceleration courses that lead to a regular high
school diploma;
(C) activities that assist students in successfully completing postsecondary level instruction and examinations that are accepted for credit at institutions of higher education (including Advanced Placement and
International Baccalaureate courses), which
may include reimbursing low-income students to cover part or all of the costs of fees
for such examinations;
(D) components of a personalized learning
approach, which may include high-quality
academic tutoring; and
(E) in the case of a local educational agency that does not reserve funds under section
6311(d)(1)(D)(v) of this title, transportation
to allow a student enrolled in a school identified for comprehensive support and improvement under section 6311(c)(4)(D)(i) of
this title to transfer to another public
school (which may include a charter school)
that has not been identified by the State
under such section; and
(4) in paying the costs associated with the
direct student services described in paragraph
(3), shall—
(A) first, pay such costs for students who
are enrolled in schools identified by the

§ 6304

TITLE 20—EDUCATION

State for comprehensive support and improvement under section 6311(c)(4)(D)(i) of
this title;
(B) second, pay such costs for low-achieving students who are enrolled in schools implementing targeted support and improvement plans under section 6311(d)(2) of this
title; and
(C) with any remaining funds, pay such
costs for other low-achieving students
served by the local educational agency.
(d) Application
A local educational agency desiring to receive
an award under subsection (b) shall submit an
application to the State educational agency at
such time and in such manner as the State educational agency shall require. At a minimum,
each application shall describe how the local
educational agency will—
(1) provide adequate outreach to ensure parents can exercise a meaningful choice of direct
student services for their child’s education;
(2) ensure parents have adequate time and
information to make a meaningful choice
prior to enrolling their child in a direct student service;
(3) in the case of a local educational agency
offering public school choice under this section, ensure sufficient availability of seats in
the public schools the local educational agency will make available for public school choice
options;
(4) prioritize services to students who are
lowest-achieving;
(5) select providers of direct student services, which may include one or more of—
(A) the local educational agency or other
local educational agencies;
(B) community colleges or other institutions of higher education;
(C) non-public entities;
(D) community-based organizations; or
(E) in the case of high-quality academic
tutoring, a variety of providers of such tutoring that are selected and approved by the
State and appear on the State’s list of such
providers required under subsection (e)(2);
(6) monitor the provision of direct student
services; and
(7) publicly report the results of direct student service providers in improving relevant
student outcomes in a manner that is accessible to parents.
(e) Providers and schools
A State educational agency that reserves an
amount under subsection (a) shall—
(1) ensure that each local educational agency that receives an award under this section
and intends to provide public school choice
under subsection (c)(3)(E) can provide a sufficient number of options to provide a meaningful choice for parents;
(2) compile and maintain an updated list of
State-approved high-quality academic tutoring providers that—
(A) is developed using a fair negotiation
and rigorous selection and approval process;
(B) provides parents with meaningful
choices;

Page 1348

(C) offers a range of tutoring models, including online and on campus; and
(D) includes only providers that—
(i) have a demonstrated record of success
in increasing students’ academic achievement;
(ii) comply with all applicable Federal,
State, and local health, safety, and civil
rights laws; and
(iii) provide instruction and content that
is secular, neutral, and non-ideological;
(3) ensure that each local educational agency receiving an award is able to provide an
adequate number of high-quality academic tutoring options to ensure parents have a meaningful choice of services;
(4) develop and implement procedures for
monitoring the quality of services provided by
direct student service providers; and
(5) establish and implement clear criteria
describing the course of action for direct student service providers that are not successful
in improving student academic outcomes,
which, for a high-quality academic tutoring
provider, may include a process to remove
State approval under paragraph (2).
(Pub. L. 89–10, title I, § 1003A, as added Pub. L.
114–95, title I, § 1004, Dec. 10, 2015, 129 Stat. 1817.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6304. 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 subchapter, each State may
reserve the greater of—
(1) 1 percent of the amounts received under
such parts; or
(2) $400,000 ($50,000 in the case of each outlying area).
(b) Exception
If the sum of the amounts appropriated for
parts A, C, and D of this subchapter is equal to
or greater than $14,000,000,000, then the reservation described in subsection (a)(1) shall not exceed 1 percent of the amount the State would receive, if $14,000,000,000 were allocated among the
States for parts A, C, and D of this subchapter.
(Pub. L. 89–10, title I, § 1004, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1444.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1004 of Pub. L. 89–10 was renumbered
section 9004 and was classified to section 3384 of this
title, prior to the general amendment of Pub. L. 89–10
by Pub. L. 103–382.

Page 1349

TITLE 20—EDUCATION

PART A—IMPROVING BASIC PROGRAMS OPERATED
BY LOCAL EDUCATIONAL AGENCIES
SUBPART 1—BASIC PROGRAM REQUIREMENTS

§ 6311. State plans
(a) Filing for grants
(1) In general
For any State desiring to receive a grant
under this part, the State educational agency
shall file with the Secretary a plan that is—
(A) developed by the State educational
agency with timely and meaningful consultation with the Governor, members of the
State legislature and State board of education (if the State has a State board of education), local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State,
teachers, principals, other school leaders,
charter school leaders (if the State has charter schools), specialized instructional support personnel, paraprofessionals, administrators, other staff, and parents; and
(B) is coordinated with other programs
under this chapter, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.), the Rehabilitation Act of 1973 (20
U.S.C. 701 et seq.),1 the Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.), the Head Start Act (42 U.S.C. 9831 et
seq.), the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.),2 the
Education Sciences Reform Act of 2002 (20
U.S.C. 9501 et seq.), the Education 3 Technical Assistance Act of 2002 (20 U.S.C. 9601
et. seq.), the National Assessment of Educational Progress Authorization Act (20
U.S.C. 9621 et seq.), the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 et
seq.), and the Adult Education and Family
Literacy Act (29 U.S.C. 3271 et seq.).
(2) Limitation
Consultation required under paragraph
(1)(A) shall not interfere with the timely submission of the plan required under this section.
(3) Consolidated plan
A State plan submitted under paragraph (1)
may be submitted as part of a consolidated
plan under section 7842 of this title.
(4) Peer review and Secretarial approval
(A) In general
The Secretary shall—
(i) establish a peer-review process to assist in the review of State plans;
(ii) establish multidisciplinary peer-review teams and appoint members of such
teams—
(I) who are representative of—
(aa) parents, teachers, principals,
other school leaders, specialized in1 So

in original. Probably should be ‘‘(29 U.S.C. 701 et seq.),’’.
in original. Probably should be ‘‘9857 et seq.),’’.
3 So in original. Probably should be ‘‘Educational’’.
2 So

§ 6311

structional support personnel, State
educational agencies, local educational
agencies, and the community (including the business community); and
(bb) researchers who are familiar
with—
(AA) the implementation of academic standards, assessments, or accountability systems; and
(BB) how to meet the needs of disadvantaged students, children with
disabilities, and English learners, the
needs of low-performing schools, and
other educational needs of students;
(II) that include, to the extent practicable, majority representation of individuals who, in the most recent 2 years,
have had practical experience in the
classroom, school administration, or
State or local government (such as direct employees of a school, local educational agency, or State educational
agency); and
(III) who represent a regionally diverse
cross-section of States;
(iii) make available to the public, including by such means as posting to the Department’s website, the list of peer reviewers who have reviewed State plans under
this section;
(iv) ensure that the peer-review teams
consist of varied individuals so that the
same peer reviewers are not reviewing all
of the State plans;
(v) approve a State plan not later than
120 days after its submission, unless the
Secretary meets the requirements of
clause (vi);
(vi) have the authority to disapprove a
State plan only if—
(I) the Secretary—
(aa) determines how the State plan
fails to meet the requirements of this
section;
(bb) immediately provides to the
State, in writing, notice of such determination, and the supporting information and rationale to substantiate such
determination;
(cc) offers the State an opportunity
to revise and resubmit its State plan,
and provides the State—
(AA) technical assistance to assist
the State in meeting the requirements of this section;
(BB) in writing, all peer-review
comments,
suggestions,
recommendations, or concerns relating
to its State plan; and
(CC) a hearing, unless the State declines the opportunity for such hearing; and
(II) the State—
(aa) does not revise and resubmit its
State plan; or
(bb) in a case in which a State revises and resubmits its State plan after
a hearing is conducted under subclause
(I)(cc)(CC), or after the State has declined the opportunity for such a hear-

§ 6311

TITLE 20—EDUCATION

ing, the Secretary determines that
such revised State plan does not meet
the requirements of this section.
(B) Purpose of peer review
The peer-review process shall be designed
to—
(i) maximize collaboration with each
State;
(ii) promote effective implementation of
the challenging State academic standards
through State and local innovation; and
(iii) provide transparent, timely, and objective feedback to States designed to
strengthen the technical and overall quality of the State plans.
(C) Standard and nature of review
Peer reviewers shall conduct an objective
review of State plans in their totality and
out of respect for State and local judgments,
with the goal of supporting State- and localled innovation and providing objective feedback on the technical and overall quality of
a State plan.
(D) Prohibition
Neither the Secretary nor the political appointees of the Department, may attempt to
participate in, or influence, the peer-review
process.
(5) Public review
All written communications, feedback, and
notifications under this subsection shall be
conducted in a manner that is transparent and
immediately made available to the public on
the Department’s website, including—
(A) plans submitted or resubmitted by a
State;
(B) peer-review guidance, notes, and comments and the names of the peer reviewers
(once the peer reviewers have completed
their work);
(C) State plan determinations by the Secretary, including approvals or disapprovals;
and
(D) notices and transcripts of hearings
under this section.
(6) Duration of the plan
(A) In general
Each State plan shall—
(i) remain in effect for the duration of
the State’s participation under this part;
and
(ii) 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.
(B) Additional information
(i) In general
If a State makes significant changes to
its plan at any time, such as the adoption
of new challenging State academic standards or new academic assessments under
subsection (b), or changes to its accountability system under subsection (c), such
information shall be submitted to the Secretary in the form of revisions or amendments to the State plan.

Page 1350

(ii) Review of revised plans
The Secretary shall review the information submitted under clause (i) and approve changes to the State plan, or disapprove such changes in accordance with
paragraph (4)(A)(vi), within 90 days, without undertaking the peer-review process
under such paragraph.
(iii) Special rule for standards
If a State makes changes to its challenging State academic standards, the requirements of subsection (b)(1), including
the requirement that such standards need
not be submitted to the Secretary pursuant to subsection (b)(1)(A), shall still
apply.
(7) Failure to meet requirements
If a State fails to meet any of the requirements of this section, the Secretary may withhold funds for State administration under this
part until the Secretary determines that the
State has fulfilled those requirements.
(8) Public comment
Each State shall make the State plan publicly available for public comment for a period
of not less than 30 days, by electronic means
and in an easily accessible format, prior to
submission to the Secretary for approval
under this subsection. The State, in the plan it
files under this subsection, shall provide an assurance that public comments were taken into
account in the development of the State plan.
(b) Challenging academic standards and academic assessments
(1) Challenging State academic standards
(A) In general
Each State, in the plan it files under subsection (a), shall provide an assurance that
the State has adopted challenging academic
content standards and aligned academic
achievement standards (referred to in this
chapter as ‘‘challenging State academic
standards’’), which achievement standards
shall include not less than 3 levels of
achievement, that will be used by the State,
its local educational agencies, and its
schools to carry out this part. A State shall
not be required to submit such challenging
State academic standards to the Secretary.
(B) Same standards
Except as provided in subparagraph (E),
the standards required by subparagraph (A)
shall—
(i) apply to all public schools and public
school students in the State; and
(ii) with respect to academic achievement standards, include the same knowledge, skills, and levels of achievement expected of all public school students in the
State.
(C) Subjects
The State shall have such academic standards for mathematics, reading or language
arts, and science, and may have such standards for any other subject determined by the
State.

Page 1351

TITLE 20—EDUCATION

(D) Alignment
(i) In general
Each State shall demonstrate that the
challenging State academic standards are
aligned with entrance requirements for
credit-bearing coursework in the system of
public higher education in the State and
relevant State career and technical education standards.
(ii) Rule of construction
Nothing in this chapter shall be construed to authorize public institutions of
higher education to determine the specific
challenging State academic standards required under this paragraph.
(E) Alternate academic achievement standards for students with the most significant cognitive disabilities
(i) In general
The State may, through a documented
and validated standards-setting process,
adopt alternate academic achievement
standards for students with the most significant cognitive disabilities, provided
those standards—
(I) are aligned with the challenging
State academic content standards under
subparagraph (A);
(II) promote access to the general education curriculum, consistent with the
Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.);
(III) reflect professional judgment as
to the highest possible standards achievable by such students;
(IV) are designated in the individualized education program developed under
section 614(d)(3) of the Individuals with
Disabilities Education Act (20 U.S.C.
1414(d)(3)) for each such student as the
academic achievement standards that
will be used for the student; and
(V) are aligned to ensure that a student who meets the alternate academic
achievement standards is on track to
pursue postsecondary education or employment, consistent with the purposes
of Public Law 93–112 [29 U.S.C. 701 et
seq.], as in effect on July 22, 2014.
(ii) Prohibition on any other alternate or
modified academic achievement standards
A State shall not develop, or implement
for use under this part, any alternate academic achievement standards for children
with disabilities that are not alternate
academic achievement standards that
meet the requirements of clause (i).
(F) English language proficiency standards
Each State plan shall demonstrate that
the State has adopted English language proficiency standards that—
(i) are derived from the 4 recognized domains of speaking, listening, reading, and
writing;
(ii) address the different proficiency levels of English learners; and

§ 6311

(iii) are aligned with the challenging
State academic standards.
(G) Prohibitions
(i) Standards review or approval
A State shall not be required to submit
any standards developed under this subsection to the Secretary for review or approval.
(ii) Federal control
The Secretary shall not have the authority to mandate, direct, control, coerce, or
exercise any direction or supervision over
any of the challenging State academic
standards adopted or implemented by a
State.
(H) Existing standards
Nothing in this part shall prohibit a State
from revising, consistent with this section,
any standards adopted under this part before
or after December 10, 2015.
(2) 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 high-quality student academic assessments in mathematics, reading
or language arts, and science. The State retains the right to implement such assessments in any other subject chosen by the
State.
(B) Requirements
The assessments under subparagraph (A)
shall—
(i) except as provided in subparagraph
(D), be—
(I) the same academic assessments
used to measure the achievement of all
public elementary school and secondary
school students in the State; and
(II) administered to all public elementary school and secondary school students in the State;
(ii) be aligned with the challenging State
academic standards, and provide coherent
and timely information about student attainment of such standards and whether
the student is performing at the student’s
grade level;
(iii) be used for purposes for which such
assessments are valid and reliable, consistent with relevant, nationally recognized professional and technical 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;
(iv) be of adequate technical quality for
each purpose required under this chapter
and consistent with the requirements of
this section, the evidence of which shall be
made public, including on the website of
the State educational agency;
(v)(I) in the case of mathematics and
reading or language arts, be administered—

§ 6311

TITLE 20—EDUCATION
(aa) in each of grades 3 through 8; and
(bb) at least once in grades 9 through
12;
(II) in the case of science, be administered not less than one time during—
(aa) grades 3 through 5;
(bb) grades 6 through 9; and
(cc) grades 10 through 12; and
(III) in the case of any other subject chosen by the State, be administered at the
discretion of the State;
(vi) involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order
thinking skills and understanding, which
may include measures of student academic
growth and may be partially delivered in
the form of portfolios, projects, or extended performance tasks;
(vii) provide for—
(I) the participation in such assessments of all students;
(II) the appropriate accommodations,
such as interoperability with, and ability
to use, assistive technology, for children
with disabilities (as defined in section
602(3) of the Individuals with Disabilities
Education Act (20 U.S.C. 1401(3))), including students with the most significant
cognitive disabilities, and students with
a disability who are provided accommodations under an Act other than the
Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), necessary to
measure the academic achievement of
such children relative to the challenging
State academic standards or alternate
academic achievement standards described in paragraph (1)(E); and
(III) the inclusion of English learners,
who shall be assessed in a valid and reliable manner and provided appropriate
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 subparagraph (G);
(viii) at the State’s discretion—
(I) be administered through a single
summative assessment; or
(II) be administered through multiple
statewide interim assessments during
the course of the academic year that result in a single summative score that
provides valid, reliable, and transparent
information on student achievement or
growth;
(ix) notwithstanding clause (vii)(III),
provide for assessments (using tests in
English) of reading or language arts of any
student who has attended school in the
United States (not including the Commonwealth of Puerto Rico) for 3 or more consecutive school years, except that if the

Page 1352

local educational agency determines, on a
case-by-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 2 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;
(x) produce individual student interpretive, descriptive, and diagnostic reports,
consistent with clause (iii), regarding
achievement on such assessments that
allow parents, teachers, principals, and
other school leaders to understand and address the specific academic needs of students, and that are provided to parents,
teachers, and school leaders, as soon as is
practicable after the assessment is given,
in an understandable and uniform format,
and to the extent practicable, in a language that parents can understand;
(xi) enable results to be disaggregated
within each State, local educational agency, and school by—
(I) each major racial and ethnic group;
(II) economically disadvantaged students as compared to students who are
not economically disadvantaged;
(III) children with disabilities as compared to children without disabilities;
(IV) English proficiency status;
(V) gender; and
(VI) migrant status,
except that such disaggregation shall not
be required in the case of a State, local
educational agency, or a school in which
the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an
individual student;
(xii) enable itemized score analyses to be
produced and reported, consistent with
clause (iii), to local educational agencies
and schools, so that parents, teachers,
principals, other school leaders, and administrators can interpret and address the
specific academic needs of students as indicated by the students’ achievement on
assessment items; and
(xiii) be developed, to the extent practicable, using the principles of universal
design for learning.
(C) Exception for advanced mathematics in
middle school
A State may exempt any 8th grade student
from the assessment in mathematics described in subparagraph (B)(v)(I)(aa) if—
(i) such student takes the end-of-course
assessment the State typically administers to meet the requirements of subparagraph (B)(v)(I)(bb) in mathematics;

Page 1353

TITLE 20—EDUCATION

(ii) such student’s achievement on such
end-of-course assessment is used for purposes of subsection (c)(4)(B)(i), in lieu of
such student’s achievement on the mathematics assessment required under subparagraph (B)(v)(I)(aa), and such student is
counted as participating in the assessment
for purposes of subsection (c)(4)(B)(vi); 4
and
(iii) in high school, such student takes a
mathematics assessment pursuant to subparagraph (B)(v)(I)(bb) that—
(I) is any end-of-course assessment or
other assessment that is more advanced
than the assessment taken by such student under clause (i) of this subparagraph; and
(II) shall be used to measure such student’s academic achievement for purposes of subsection (c)(4)(B)(i).

(aa) know how to administer the alternate assessments; and
(bb) make appropriate use of accommodations for students with disabilities on all assessments required under
this paragraph;
(VI) develops, disseminates information on, and promotes the use of appropriate accommodations to increase the
number of students with significant cognitive disabilities—
(aa) participating in academic instruction and assessments for the
grade level in which the student is enrolled; and
(bb) who are tested based on challenging State academic standards for
the grade level in which the student is
enrolled; and
(VII) does not preclude a student with
the most significant cognitive disabilities who takes an alternate assessment
based on alternate academic achievement standards from attempting to complete the requirements for a regular high
school diploma.
(ii) Special rules
(I) Responsibility under IDEA
Subject to the authority and requirements for the individualized education
program team for a child with a disability
under
section
614(d)(1)(A)(i)(VI)(bb) of the Individuals
with Disabilities Education Act (20
U.S.C.
1414(d)(1)(A)(i)(VI)(bb)),
such
team, consistent with the guidelines established by the State and required
under section 612(a)(16)(C) of such Act (20
U.S.C. 1412(c)(16)(C)) 5 and clause (i)(II) of
this subparagraph, shall determine when
a child with a significant cognitive disability shall participate in an alternate
assessment aligned with the alternate
academic achievement standards.
(II) Prohibition on local cap
Nothing in this subparagraph shall be
construed to permit the Secretary or a
State educational agency to impose on
any local educational agency a cap on
the percentage of students administered
an alternate assessment under this subparagraph, except that a local educational agency exceeding the cap applied to the State under clause (i)(I)
shall submit information to the State
educational agency justifying the need
to exceed such cap.
(III) State support
A State shall provide appropriate oversight, as determined by the State, of any
local educational agency that is required
to submit information to the State
under subclause (II).
(IV) Waiver authority
This subparagraph shall be subject to
the waiver authority under section 7861
of this title.

(D) Alternate assessments for students with
the most significant cognitive disabilities
(i) Alternate assessments aligned with alternate academic achievement standards
A State may provide for alternate assessments aligned with the challenging
State academic standards and alternate
academic achievement standards described
in paragraph (1)(E) for students with the
most significant cognitive disabilities, if
the State—
(I) consistent with clause (ii), ensures
that, for each subject, the total number
of students assessed in such subject
using the alternate assessments does not
exceed 1 percent of the total number of
all students in the State who are assessed in such subject;
(II) ensures that the parents of such
students are clearly informed, as part of
the process for developing the individualized education program (as defined in
section 614(d)(1)(A) of the Individuals
with Disabilities Education Act (20
U.S.C. 1414(d)(1)(A)))—
(aa) that their child’s academic
achievement will be measured based on
such alternate standards; and
(bb) how participation in such assessments may delay or otherwise affect
the student from completing the requirements for a regular high school
diploma;
(III) promotes, consistent with the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), the involvement and progress of students with the
most significant cognitive disabilities in
the general education curriculum;
(IV) describes in the State plan the
steps the State has taken to incorporate
universal design for learning, to the extent feasible, in alternate assessments;
(V) describes in the State plan that
general and special education teachers,
and other appropriate staff—
4 So

in original. No subsec. (c)(4)(B)(vi) has been enacted.

§ 6311

5 So

in original. Probably should be ‘‘(20 U.S.C. 1412(a)(16)(C))’’.

TITLE 20—EDUCATION

§ 6311
(E) 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 challenging
State academic standards, and academic assessments aligned with such standards,
which will be applicable to all students enrolled in the State’s public elementary
schools and secondary schools, then the
State educational agency may meet the requirements of this subsection by—
(i) 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
(ii) adopting and implementing policies
that ensure that each local educational
agency in the State that receives grants
under this part will adopt academic 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.
(F) Language assessments
(i) In general
Each State plan shall identify the languages other than English that are present
to a significant extent in the participating
student population of the State and indicate the languages for which annual student academic assessments are not available and are needed.
(ii) Secretarial assistance
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.
(G) Assessments of English language proficiency
(i) In general
Each State plan shall demonstrate that
local educational agencies in the State
will provide for an annual assessment of
English proficiency of all English learners
in the schools served by the State educational agency.
(ii) Alignment
The assessments described in clause (i)
shall be aligned with the State’s English
language proficiency standards described
in paragraph (1)(F).

Page 1354

(H) Locally-selected assessment
(i) In general
Nothing in this paragraph shall be construed to prohibit a local educational
agency from administering a locally-selected assessment in lieu of the State-designed academic assessment under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v), if the local educational
agency selects a nationally-recognized
high school academic assessment that has
been approved for use by the State as described in clause (iii) or (iv) of this subparagraph.
(ii) State technical criteria
To allow for State approval of nationally-recognized high school academic assessments that are available for local selection under clause (i), a State educational agency shall establish technical
criteria to determine if any such assessment meets the requirements of clause (v).
(iii) State approval
If a State educational agency chooses to
make a nationally-recognized high school
assessment available for selection by a
local educational agency under clause (i),
which has not already been approved under
this clause, such State educational agency
shall—
(I) conduct a review of the assessment
to determine if such assessment meets or
exceeds the technical criteria established by the State educational agency
under clause (ii);
(II) submit evidence in accordance
with subsection (a)(4) that demonstrates
such assessment meets the requirements
of clause (v); and
(III) after fulfilling the requirements of
subclauses (I) and (II), approve such assessment for selection and use by any
local educational agency that requests
to use such assessment under clause (i).
(iv) Local educational agency option
(I) Local educational agency
If a local educational agency chooses
to submit a nationally-recognized high
school academic assessment to the State
educational agency, subject to the approval process described in subclause (I)
and subclause (II) of clause (iii) to determine if such assessment fulfills the requirements of clause (v), the State educational agency may approve the use of
such assessment consistent with clause
(i).
(II) State educational agency
Upon such approval, the State educational agency shall approve the use of
such assessment in any other local educational agency in the State that subsequently requests to use such assessment
without repeating the process described
in subclauses (I) and (II) of clause (iii).
(v) Requirements
To receive approval from the State educational agency under clause (iii), a locally-selected assessment shall—

Page 1355

TITLE 20—EDUCATION

(I) be aligned to the State’s academic
content standards under paragraph (1),
address the depth and breadth of such
standards, and be equivalent in its content coverage, difficulty, and quality to
the State-designed assessments under
this paragraph (and may be more rigorous in its content coverage and difficulty than such State-designed assessments);
(II) provide comparable, valid, and reliable data on academic achievement, as
compared to the State-designed assessments, for all students and for each subgroup of students defined in subsection
(c)(2), with results expressed in terms
consistent with the State’s academic
achievement standards under paragraph
(1), among all local educational agencies
within the State;
(III) meet the requirements for the assessments under subparagraph (B) of this
paragraph, including technical criteria,
except the requirement under clause (i)
of such subparagraph; and
(IV) provide unbiased, rational, and
consistent
differentiation
between
schools within the State to meet the requirements of subsection (c).
(vi) Parental notification
A local educational agency shall notify
the parents of high school students served
by the local educational agency—
(I) of its request to the State educational agency for approval to administer a locally-selected assessment; and
(II) upon approval, and at the beginning of each subsequent school year during which the locally selected assessment will be administered, that the local
educational agency will be administering
a different assessment than the State-designed assessments under subclause
(I)(bb) and subclause (II)(cc) of subparagraph (B)(v).
(I) Deferral
A State may defer the commencement, or
suspend the administration, but not cease
the development, of the assessments described in this paragraph, for 1 year for each
year for which the amount appropriated for
grants under part B is less than $369,100,000.
(J) Adaptive assessments
(i) In general
Subject to clause (ii), a State retains the
right to develop and administer computer
adaptive assessments as the assessments
described in this paragraph, provided the
computer adaptive assessments meet the
requirements of this paragraph, except
that—
(I) subparagraph (B)(i) shall not be interpreted to require that all students
taking the computer adaptive assessment be administered the same assessment items; and
(II) such assessment—
(aa) shall measure, at a minimum,
each student’s academic proficiency

§ 6311

based on the challenging State academic standards for the student’s
grade level and growth toward such
standards; and
(bb) may measure the student’s level
of academic proficiency and growth
using items above or below the student’s grade level, including for use as
part of a State’s accountability system
under subsection (c).
(ii) Students with the most significant cognitive disabilities and English learners
In developing and administering computer adaptive assessments—
(I) as the assessments allowed under
subparagraph (D), a State shall ensure
that such computer adaptive assessments—
(aa) meet the requirements of this
paragraph, including subparagraph (D),
except such assessments shall not be
required to meet the requirements of
clause (i)(II); and
(bb) assess the student’s academic
achievement to measure, in the subject
being assessed, whether the student is
performing at the student’s grade
level; and
(II) as the assessments required under
subparagraph (G), a State shall ensure
that such computer adaptive assessments—
(aa) meet the requirements of this
paragraph, including subparagraph (G),
except such assessment shall not be required to meet the requirements of
clause (i)(II); and
(bb) assess the student’s language
proficiency, which may include growth
towards such proficiency, in order to
measure the student’s acquisition of
English.
(K) Rule of construction on parent rights
Nothing in this paragraph shall be construed as preempting a State or local law regarding the decision of a parent to not have
the parent’s child participate in the academic assessments under this paragraph.
(L) Limitation on assessment time
Subject to Federal or State requirements
related to assessments, evaluations, and accommodations, each State may, at the sole
discretion of such State, set a target limit
on the aggregate amount of time devoted to
the administration of assessments for each
grade, expressed as a percentage of annual
instructional hours.
(3) Exception for recently arrived English
learners
(A) Assessments
With respect to recently arrived English
learners who have been enrolled in a school
in one of the 50 States in the United States
or the District of Columbia for less than 12
months, a State may choose to—
(i) exclude—
(I) such an English learner from one
administration of the reading or lan-

§ 6311

TITLE 20—EDUCATION
guage arts assessment required under
paragraph (2); and
(II) such an English learner’s results
on any of the assessments required under
paragraph (2)(B)(v)(I) or (2)(G) for the
first year of the English learner’s enrollment in such a school for the purposes of
the State-determined accountability system under subsection (c); or

(ii)(I) assess, and report the performance
of, such an English learner on the reading
or language arts and mathematics assessments required under paragraph (2)(B)(v)(I)
in each year of the student’s enrollment in
such a school; and
(II) for the purposes of the State-determined accountability system—
(aa) for the first year of the student’s
enrollment in such a school, exclude the
results on the assessments described in
subclause (I);
(bb) include a measure of student
growth on the assessments described in
subclause (I) in the second year of the
student’s enrollment in such a school;
and
(cc) include proficiency on the assessments described in subclause (I) in the
third year of the student’s enrollment in
such a school, and each succeeding year
of such enrollment.
(B) English learner subgroup
With respect to a student previously identified as an English learner and for not more
than 4 years after the student ceases to be
identified as an English learner, a State may
include the results of the student’s assessments under paragraph (2)(B)(v)(I) within
the English learner subgroup of the subgroups of students (as defined in subsection
(c)(2)(D)) for the purposes of the State-determined accountability system.
(c) Statewide accountability system
(1) In general
Each State plan shall describe a statewide
accountability system that complies with the
requirements of this subsection and subsection
(d).
(2) Subgroup of students
In this subsection and subsection (d), the
term ‘‘subgroup of students’’ means—
(A) economically disadvantaged students;
(B) students from major racial and ethnic
groups;
(C) children with disabilities; and
(D) English learners.
(3) Minimum number of students
Each State shall describe—
(A) with respect to any provisions under
this part that require disaggregation of information by each subgroup of students—
(i) the minimum number of students that
the State determines are necessary to be
included to carry out such requirements
and how that number is statistically
sound, which shall be the same State-determined number for all students and for
each subgroup of students in the State;

Page 1356

(ii) how such minimum number of students was determined by the State, including how the State collaborated with teachers, principals, other school leaders, parents, and other stakeholders when determining such minimum number; and
(iii) how the State ensures that such
minimum number is sufficient to not reveal any personally identifiable information.
(4) Description of system
The statewide accountability system described in paragraph (1) shall be based on the
challenging State academic standards for
reading or language arts and mathematics described in subsection (b)(1) to improve student
academic achievement and school success. In
designing such system to meet the requirements of this part, the State shall carry out
the following:
(A) Establishment of long-term goals
Establish ambitious State-designed longterm goals, which shall include measurements of interim progress toward meeting
such goals—
(i) for all students and separately for
each subgroup of students in the State—
(I) for, at a minimum, improved—
(aa) academic achievement, as measured by proficiency on the annual assessments required under subsection
(b)(2)(B)(v)(I); and
(bb) high school graduation rates, including—
(AA) the four-year adjusted cohort
graduation rate; and
(BB) at the State’s discretion, the
extended-year adjusted cohort graduation rate, except that the State
shall set a more rigorous long-term
goal for such graduation rate, as
compared to the long-term goal set
for the four-year adjusted cohort
graduation rate;
(II) for which the term set by the State
for such goals is the same multi-year
length of time for all students and for
each subgroup of students in the State;
and
(III) that, for subgroups of students
who are behind on the measures described in items (aa) and (bb) of subclause (I), take into account the improvement necessary on such measures
to make significant progress in closing
statewide proficiency and graduation
rate gaps; and
(ii) for English learners, for increases in
the percentage of such students making
progress in achieving English language
proficiency, as defined by the State and
measured by the assessments described in
subsection (b)(2)(G), within a State-determined timeline.
(B) Indicators
Except for the indicator described in
clause (iv), annually measure, for all students and separately for each subgroup of
students, the following indicators:

Page 1357

TITLE 20—EDUCATION

(i) For all public schools in the State,
based on the long-term goals established
under subparagraph (A), academic achievement—
(I) as measured by proficiency on the
annual assessments required under subsection (b)(2)(B)(v)(I); and
(II) at the State’s discretion, for each
public high school in the State, student
growth, as measured by such annual assessments.
(ii) For public elementary schools and
secondary schools that are not high
schools in the State—
(I) a measure of student growth, if determined appropriate by the State; or
(II) another valid and reliable statewide academic indicator that allows for
meaningful differentiation in school performance.
(iii) For public high schools in the State,
and based on State-designed long term
goals established under subparagraph (A)—
(I) the four-year adjusted cohort graduation rate; and
(II) at the State’s discretion, the extended-year adjusted cohort graduation
rate.
(iv) For public schools in the State,
progress in achieving English language
proficiency, as defined by the State and
measured by the assessments described in
subsection (b)(2)(G), within a State-determined timeline for all English learners—
(I) in each of the grades 3 through 8;
and
(II) in the grade for which such English
learners are otherwise assessed under
subsection (b)(2)(B)(v)(I) during the
grade 9 through grade 12 period, with
such progress being measured against
the results of the assessments described
in subsection (b)(2)(G) taken in the previous grade.
(v)(I) For all public schools in the State,
not less than one indicator of school quality or student success that—
(aa) allows for meaningful differentiation in school performance;
(bb) is valid, reliable, comparable, and
statewide (with the same indicator or indicators used for each grade span, as
such term is determined by the State);
and
(cc) may include one or more of the
measures described in subclause (II).
(II) For purposes of subclause (I), the
State may include measures of—
(III) 6 student engagement;
(IV) 6 educator engagement;
(V) 6 student access to and completion
of advanced coursework;
(VI) 6 postsecondary readiness;
(VII) 6 school climate and safety; and
(VIII) 6 any other indicator the State
chooses that meets the requirements of
this clause.
6 So in original. Designations (III) to (VIII) probably should be
(aa) to (ff), respectively.

§ 6311

(C) Annual meaningful differentiation
Establish a system of meaningfully differentiating, on an annual basis, all public
schools in the State, which shall—
(i) be based on all indicators in the
State’s accountability system under subparagraph (B), for all students and for each
of 7 subgroup of students, consistent with
the requirements of such subparagraph;
(ii) with respect to the indicators described in clauses (i) through (iv) of subparagraph (B) afford—
(I) substantial weight to each such indicator; and
(II) in the aggregate, much greater
weight than is afforded to the indicator
or indicators utilized by the State and
described in subparagraph (B)(v), in the
aggregate; and
(iii) include differentiation of any such
school in which any subgroup of students
is consistently underperforming, as determined by the State, based on all indicators
under subparagraph (B) and the system established under this subparagraph.
(D) Identification of schools
Based on the system of meaningful differentiation described in subparagraph (C),
establish a State-determined methodology
to identify—
(i) beginning with school year 2017–2018,
and at least once every three school years
thereafter, one statewide category of
schools for comprehensive support and improvement, as described in subsection
(d)(1), which shall include—
(I) not less than the lowest-performing
5 percent of all schools receiving funds
under this part in the State;
(II) all public high schools in the State
failing to graduate one third or more of
their students; and
(III) public schools in the State described under subsection (d)(3)(A)(i)(II);
and
(ii) at the discretion of the State, additional statewide categories of schools.
(E) Annual measurement of achievement
(i) Annually measure the achievement of
not less than 95 percent of all students, and
95 percent of all students in each subgroup of
students, who are enrolled in public schools
on the assessments described under subsection (b)(2)(v)(I).
(ii) For the purpose of measuring, calculating, and reporting on the indicator described in subparagraph (B)(i), include in the
denominator the greater of—
(I) 95 percent of all such students, or 95
percent of all such students in the subgroup, as the case may be; or
(II) the number of students participating
in the assessments.
(iii) Provide a clear and understandable explanation of how the State will factor the
requirement of clause (i) of this subpara7 So

in original. The word ‘‘of’’ probably should not appear.

§ 6311

TITLE 20—EDUCATION

graph into the statewide accountability system.
(F) Partial attendance
(i) In the case of a student who has not attended the same school within a local educational agency for at least half of a school
year, the performance of such student on the
indicators described in clauses (i), (ii), (iv),
and (v) of subparagraph (B)—
(I) may not be used in the system of
meaningful differentiation of all public
schools as described in subparagraph (C)
for such school year; and
(II) shall be used for the purpose of reporting on the State and local educational
agency report cards under subsection (h)
for such school year.
(ii) In the case of a high school student
who has not attended the same school within
a local educational agency for at least half
of a school year and has exited high school
without a regular high school diploma and
without transferring to another high school
that grants a regular high school diploma
during such school year, the local educational agency shall, in order to calculate
the graduation rate pursuant to subparagraph (B)(iii), assign such student to the
high school—
(I) at which such student was enrolled
for the greatest proportion of school days
while enrolled in grades 9 through 12; or
(II) in which the student was most recently enrolled.
(5) Accountability for charter schools
The accountability provisions under this
chapter shall be overseen for charter schools
in accordance with State charter school law.
(d) School support and improvement activities
(1) Comprehensive support and improvement
(A) In general
Each State educational agency receiving
funds under this part shall notify each local
educational agency in the State of any
school served by the local educational agency that is identified for comprehensive support and improvement under subsection
(c)(4)(D)(i).
(B) Local educational agency action
Upon receiving such information from the
State, the local educational agency shall, for
each school identified by the State and in
partnership with stakeholders (including
principals and other school leaders, teachers, and parents), locally develop and implement a comprehensive support and improvement plan for the school to improve student
outcomes, that—
(i) is informed by all indicators described
in subsection (c)(4)(B), including student
performance
against
State-determined
long-term goals;
(ii) includes evidence-based interventions;
(iii) is based on a school-level needs assessment;
(iv) identifies resource inequities, which
may include a review of local educational

Page 1358

agency and school-level budgeting, to be
addressed through implementation of such
comprehensive support and improvement
plan;
(v) is approved by the school, local educational agency, and State educational
agency; and
(vi) upon approval and implementation,
is monitored and periodically reviewed by
the State educational agency.
(C) State educational agency discretion
With respect to any high school in the
State
identified
under
subsection
(c)(4)(D)(i)(II), the State educational agency
may—
(i) permit differentiated improvement
activities that utilize evidence-based
interventions in the case of such a school
that predominantly serves students—
(I) returning to education after having
exited secondary school without a regular high school diploma; or
(II) who, based on their grade or age,
are significantly off track to accumulate
sufficient academic credits to meet high
school graduation requirements, as established by the State; and
(ii) in the case of such a school that has
a total enrollment of less than 100 students, permit the local educational agency
to forego implementation of improvement
activities required under this paragraph.
(D) Public school choice
(i) In general
A local educational agency may provide
all students enrolled in a school identified
by the State for comprehensive support
and
improvement
under
subsection
(c)(4)(D)(i) with the option to transfer to
another public school served by the local
educational agency, unless such an option
is prohibited by State law.
(ii) Priority
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 the purposes of allocating funds to schools under section
6313(a)(3) of this title.
(iii) Treatment
A student who uses the option to transfer to another public school shall be enrolled in classes and other activities in the
public school to which the student transfers in the same manner as all other students at the public school.
(iv) Special rule
A local educational agency shall permit
a student who transfers to another public
school under this paragraph to remain in
that school until the student has completed the highest grade in that school.
(v) Funding for transportation
A local educational agency may spend an
amount equal to not more than 5 percent

Page 1359

TITLE 20—EDUCATION

of its allocation under subpart 2 of this
part to pay for the provision of transportation for students who transfer under this
paragraph to the public schools to which
the students transfer.
(2) Targeted support and improvement
(A) In general
Each State educational agency receiving
funds under this part shall, using the meaningful differentiation of schools described in
subsection (c)(4)(C)—
(i) notify each local educational agency
in the State of any school served by the
local educational agency in which any subgroup of students is consistently underperforming, as described in subsection
(c)(4)(C)(iii); and
(ii) ensure such local educational agency
provides notification to such school with
respect to which subgroup or subgroups of
students in such school are consistently
underperforming as described in subsection (c)(4)(C)(iii).
(B) Targeted support and improvement plan
Each school receiving a notification described in this paragraph, in partnership
with stakeholders (including principals and
other school leaders, teachers and parents),
shall develop and implement a school-level
targeted support and improvement plan to
improve student outcomes based on the indicators in the statewide accountability system established under subsection (c)(4), for
each subgroup of students that was the subject of notification that—
(i) is informed by all indicators described
in subsection (c)(4)(B), including student
performance against long-term goals;
(ii) includes evidence-based interventions;
(iii) is approved by the local educational
agency prior to implementation of such
plan;
(iv) is monitored, upon submission and
implementation, by the local educational
agency; and
(v) results in additional action following
unsuccessful implementation of such plan
after a number of years determined by the
local educational agency.
(C) Additional targeted support
A plan described in subparagraph (B) that
is developed and implemented in any school
receiving a notification under this paragraph from the local educational agency in
which any subgroup of students, on its own,
would lead to identification under subsection (c)(4)(D)(i)(I) using the State’s methodology under subsection (c)(4)(D) shall also
identify resource inequities (which may include a review of local educational agency
and school level budgeting), to be addressed
through implementation of such plan.
(D) Special rule
The State educational agency, based on
the State’s differentiation of schools under
subsection (c)(4)(C) for school year 2017–2018,
shall notify local educational agencies of

§ 6311

any schools served by the local educational
agency in which any subgroup of students,
on its own, would lead to identification
under subsection (c)(4)(D)(i)(I) using the
State’s
methodology
under
subsection
(c)(4)(D), after which notification of such
schools under this paragraph shall result
from differentiation of schools pursuant to
subsection (c)(4)(C)(iii).
(3) Continued support for school and local educational agency improvement
To ensure continued progress to improve
student academic achievement and school success in the State, the State educational agency—
(A) shall—
(i) establish statewide exit criteria for—
(I) schools identified by the State for
comprehensive support and improvement
under subsection (c)(4)(D)(i), which, if
not satisfied within a State-determined
number of years (not to exceed four
years), shall result in more rigorous
State-determined action, such as the implementation of interventions (which
may include addressing school-level operations); and
(II) schools described in paragraph
(2)(C), which, if not satisfied within a
State-determined number of years, shall,
in the case of such schools receiving assistance under this part, result in identification of the school by the State for
comprehensive support and improvement
under subsection (c)(4)(D)(i)(III);
(ii) periodically review resource allocation to support school improvement in
each local educational agency in the State
serving—
(I) a significant number of schools
identified for comprehensive support and
improvement
under
subsection
(c)(4)(D)(i); and
(II) a significant number of schools implementing targeted support and improvement plans under paragraph (2);
and
(iii) provide technical assistance to each
local educational agency in the State serving a significant number of—
(I) schools implementing comprehensive support and improvement plans
under paragraph (1); or
(II) schools implementing targeted
support and improvement plans under
paragraph (2); and
(B) may—
(i) take action to initiate additional improvement in any local educational agency
with—
(I) a significant number of schools that
are consistently identified by the State
for comprehensive support and improvement under subsection (c)(4)(D)(i) and
not meeting exit criteria established by
the State under subparagraph (A)(i)(I);
or
(II) a significant number of schools implementing targeted support and im-

§ 6311

TITLE 20—EDUCATION
provement plans under paragraph (2);
and

(ii) consistent with State law, establish
alternative evidence-based State determined strategies that can be used by local
educational agencies to assist a school
identified for comprehensive support and
improvement under subsection (c)(4)(D)(i).
(4) Rule of construction for collective bargaining
Nothing in this subsection shall be construed to alter or otherwise affect the rights,
remedies, and procedures afforded to school or
local educational agency 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 employers and their employees.
(e) Prohibition
(1) In general
Nothing in this chapter shall be construed to
authorize or permit the Secretary—
(A) when promulgating any rule or regulation, to promulgate any rule or regulation
on the development or implementation of
the statewide accountability system established under this section that would—
(i) add new requirements that are inconsistent with or outside the scope of this
part;
(ii) add new criteria that are inconsistent with or outside the scope of this
part; or
(iii) be in excess of statutory authority
granted to the Secretary;

Page 1360

(III) indicators that States use within
the State accountability system under
this section, including any requirement
to measure student growth, or, if a State
chooses to measure student growth, the
specific metrics used to measure such
growth under this part;
(IV) the weight of any measure or indicator used to identify or meaningfully
differentiate schools, under this part;
(V) the specific methodology used by
States to meaningfully differentiate or
identify schools under this part;
(VI) any specific school support and
improvement strategies or activities
that State or local educational agencies
establish and implement to intervene in,
support, and improve schools and improve student outcomes under this part;
(VII) exit criteria established by
States under subsection (d)(3)(A)(i);
(VIII) provided that the State meets
the requirements in subsection (c)(3), a
minimum number of students established by a State under such subsection;
(IX) any aspect or parameter of a
teacher, principal, or other school leader
evaluation system within a State or
local educational agency;
(X) indicators or specific measures of
teacher, principal, or other school leader
effectiveness or quality; or
(XI) the way in which the State factors
the
requirement
under
subsection
(c)(4)(E)(i) into the statewide accountability system under this section; or
(C) to issue new non-regulatory guidance
that—
(i) in seeking to provide explanation of
requirements under this section for State
or local educational agencies, either in response to requests for information or in
anticipation of such requests, provides a
strictly limited or exhaustive list to illustrate successful implementation of provisions under this section; or
(ii) purports to be legally binding; or

(B) as a condition of approval of the State
plan, or revisions or amendments to, the
State plan, or approval of a waiver request
submitted under section 7861 of this title,
to—
(i) require a State to add any requirements that are inconsistent with or outside the scope of this part;
(ii) require a State to add or delete one
or more specific elements of the challenging State academic standards; or
(iii) prescribe—
(I) numeric long-term goals or measurements of interim progress that States
establish for all students, for any subgroups of students, and for English
learners with respect to English language proficiency, under this part, including—
(aa) the length of terms set by States
in designing such goals; or
(bb) the progress expected from any
subgroups of students in meeting such
goals;

(2) Defining terms
In carrying out this part, the Secretary shall
not, through regulation or as a condition of
approval of the State plan or revisions or
amendments to the State plan, promulgate a
definition of any term used in this part, or
otherwise prescribe any specification for any
such term, that is inconsistent with or outside
the scope of this part or is in violation of paragraph (1).

(II) specific academic assessments or
assessment items that States or local
educational agencies use to meet the requirements of subsection (b)(2) or otherwise use to measure student academic
achievement or student growth under
this part;

(f) Existing State law
Nothing in this section shall be construed to
alter any State law or regulation granting parents authority over schools that repeatedly
failed to make adequate yearly progress under
this part, as in effect on the day before December 10, 2015.

(D) to require data collection under this
part beyond data derived from existing Federal, State, and local reporting requirements.

Page 1361

TITLE 20—EDUCATION

(g) Other plan provisions
(1) Descriptions
Each State plan shall describe—
(A) how the State will provide assistance
to local educational agencies and individual
elementary schools choosing to use funds
under this part to support early childhood
education programs;
(B) how low-income and minority children
enrolled in schools assisted under this part
are not served at disproportionate rates by
ineffective, out-of-field, or inexperienced
teachers, and the measures the State educational agency will use to evaluate and
publicly report the progress of the State
educational agency with respect to such description (except that nothing in this subparagraph shall be construed as requiring a
State to develop or implement a teacher,
principal, or other school leader evaluation
system);
(C) how the State educational agency will
support local educational agencies receiving
assistance under this part to improve school
conditions for student learning, including
through reducing—
(i) incidences of bullying and harassment;
(ii) the overuse of discipline practices
that remove students from the classroom;
and
(iii) the use of aversive behavioral interventions that compromise student health
and safety;
(D) how the State will support local educational agencies receiving assistance under
this part in meeting the needs of students at
all levels of schooling (particularly students
in the middle grades and high school), including how the State will work with such
local educational agencies to provide effective transitions of students to middle grades
and high school to decrease the risk of students dropping out;
(E) the steps a State educational agency
will take to ensure collaboration with the
State agency responsible for administering
the State plans under parts B and E of title
IV of the Social Security Act (42 U.S.C. 621
et seq. and 670 et seq.) to ensure the educational stability of children in foster care,
including assurances that—
(i) any such child enrolls or remains in
such child’s school of origin, unless a determination is made that it is not in such
child’s best interest to attend the school of
origin, which decision shall be based on all
factors relating to the child’s best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in
which the child is enrolled at the time of
placement;
(ii) when a determination is made that it
is not in such child’s best interest to remain in the school of origin, the child is
immediately enrolled in a new school, even
if the child is unable to produce records
normally required for enrollment;
(iii) the enrolling school shall immediately contact the school last attended by

§ 6311

any such child to obtain relevant academic
and other records; and
(iv) the State educational agency will
designate an employee to serve as a point
of contact for child welfare agencies and to
oversee implementation of the State agency responsibilities required under this subparagraph, and such point of contact shall
not be the State’s Coordinator for Education of Homeless Children and Youths
under section 722(d)(3) of the McKinneyVento Homeless Assistance Act (42 U.S.C.
11432(d)(3));
(F) how the State educational agency will
provide support to local educational agencies in the identification, enrollment, attendance, and school stability of homeless
children and youths; and
(G) such other factors the State educational agency determines appropriate to
provide students an opportunity to achieve
the knowledge and skills described in the
challenging State academic standards.
(2) Assurances
Each State plan shall contain assurances
that—
(A) the State will make public any methods or criteria the State is using to measure
teacher, principal, or other school leader effectiveness for the purpose of meeting the
requirements described in paragraph (1)(B);
(B) the State educational agency will notify local educational agencies, Indian tribes
and tribal organizations, schools, teachers,
parents, and the public of the challenging
State academic standards, academic assessments, and State accountability system, developed under this section;
(C) the State educational agency will assist each local educational agency and
school affected by the State plan to meet
the requirements of this part;
(D) the State will participate in the biennial State academic assessments in reading
and mathematics in grades 4 and 8 of the National Assessment of Educational Progress
carried out under section 303(b)(3) of the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)(3)) if the
Secretary pays the costs of administering
such assessments;
(E) 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 to improve educational opportunities and reduce unnecessary fiscal and
accounting requirements;
(F) the State educational agency will support the collection and dissemination to
local educational agencies and schools of effective parent and family engagement strategies, including those included in the parent
and family engagement policy under section
6318 of this title;
(G) 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;

§ 6311

TITLE 20—EDUCATION

(H) the State educational agency will ensure that local educational agencies, in developing and implementing programs under
this part, will, to the extent feasible, work
in consultation with outside intermediary
organizations (such as educational service
agencies), or individuals, that have practical
expertise in the development or use of evidence-based strategies and programs to improve teaching, learning, and schools;
(I) the State educational agency has appropriate procedures and safeguards in place
to ensure the validity of the assessment
process;
(J) the State educational agency will ensure that all teachers and paraprofessionals
working in a program supported with funds
under this part meet applicable State certification and licensure requirements, including any requirements for certification
obtained through alternative routes to certification;
(K) the State educational agency will coordinate activities funded under this part
with other Federal activities as appropriate;
(L) the State educational agency has involved the committee of practitioners established under section 6573(b) of this title in
developing the plan and monitoring its implementation;
(M) the State has professional standards
for paraprofessionals working in a program
supported with funds under this part, including qualifications that were in place on the
day before December 10, 2015; and
(N) the State educational agency will provide the information described in clauses
(ii), (iii), and (vii) of subsection (h)(1)(C) to
the public in an easily accessible and userfriendly manner that can be cross-tabulated
by, at a minimum, each major racial and
ethnic group, gender, English proficiency
status, and children with or without disabilities, which—
(i) may be accomplished by including
such information on the annual State report card described subsection (h)(1)(C);
and
(ii) shall be presented in a manner that—
(I) is first anonymized and does not reveal personally identifiable information
about an individual student;
(II) does not include a number of students in any subgroup of students that is
insufficient to yield statistically reliable
information or that would reveal personally identifiable information about an
individual student; and
(III) is consistent with the requirements of section 1232g of this title (commonly known as the ‘‘Family Educational Rights and Privacy Act of
1974’’).
(3) Rules of construction
Nothing in paragraph (2)(N) shall be construed to—
(A) require groups of students obtained by
any entity that cross-tabulates the information provided under such paragraph to be
considered subgroups of students, as defined

Page 1362

in subsection (c)(2), for the purposes of the
State accountability system under subsection (c); or
(B) require or prohibit States or local educational agencies from publicly reporting
data in a cross-tabulated manner, in order to
meet the requirements of paragraph (2)(N).
(4) Technical assistance
Upon request by a State educational agency,
the Secretary shall provide technical assistance to such agency to—
(A) meet the requirements of paragraph
(2)(N); or
(B) in the case of a State educational agency choosing, at its sole discretion, to
disaggregate data described in clauses (ii)
and (iii)(II) of subsection (h)(1)(C) for Asian
and Native Hawaiian or Pacific Islander students using the same race response categories as the decennial census of the population, assist such State educational agency
in such disaggregation and in using such
data to improve academic outcomes for such
students.
(h) Reports
(1) Annual State report card
(A) In general
A State that receives assistance under this
part shall prepare and disseminate widely to
the public an annual State report card for
the State as a whole that meets the requirements of this paragraph.
(B) Implementation
The State report card required under this
paragraph shall be—
(i) concise;
(ii) presented in an understandable and
uniform format that is developed in consultation with parents and, to the extent
practicable, in a language that parents can
understand; and
(iii) widely accessible to the public,
which shall include making available on a
single webpage of the State educational
agency’s website, the State report card, all
local educational agency report cards for
each local educational agency in the State
required under paragraph (2), and the annual report to the Secretary under paragraph (5).
(C) Minimum requirements
Each State report card required under this
subsection shall include the following information:
(i) A clear and concise description of the
State’s accountability system under subsection (c), including—
(I) the minimum number of students
that the State determines are necessary
to be included in each of the subgroups
of students, as defined in subsection
(c)(2), for use in the accountability system;
(II) the long-term goals and measurements of interim progress for all students and for each of the subgroups of
students, as defined in subsection (c)(2);
(III) the indicators described in subsection (c)(4)(B) used to meaningfully

Page 1363

TITLE 20—EDUCATION

differentiate all public schools in the
State;
(IV) the State’s system for meaningfully differentiating all public schools in
the State, including—
(aa) the specific weight of the indicators described in subsection (c)(4)(B) in
such differentiation;
(bb) the methodology by which the
State differentiates all such schools;
(cc) the methodology by which the
State differentiates a school as consistently underperforming for any subgroup of students described in section
(c)(4)(C)(iii), including the time period
used by the State to determine consistent underperformance; and
(dd) the methodology by which the
State identifies a school for comprehensive support and improvement
as
required
under
subsection
(c)(4)(D)(i);
(V) the number and names of all public
schools in the State identified by the
State for comprehensive support and improvement under subsection (c)(4)(D)(i)
or implementing targeted support and
improvement plans under subsection
(d)(2); and
(VI) the exit criteria established by the
State as required under clause (i) of subsection (d)(3)(A), including the length of
years established under clause (i)(II) of
such subsection.
(ii) For all students and disaggregated by
each subgroup of students described in subsection (b)(2)(B)(xi), homeless status, status as a child in foster care, and status as
a student with a parent who is a member
of the Armed Forces (as defined in section
101(a)(4) of title 10), information on student achievement on the academic assessments described in subsection (b)(2) at
each level of achievement, as determined
by the State under subsection (b)(1).
(iii) For all students and disaggregated
by each of the subgroups of students, as
defined in subsection (c)(2), and for purposes of subclause (II) of this clause, homeless status and status as a child in foster
care—
(I) information on the performance on
the other academic indicator under subsection (c)(4)(B)(ii) for public elementary
schools and secondary schools that are
not high schools, used by the State in
the State accountability system; and
(II) high school graduation rates, including four-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort
graduation rates.
(iv) Information on the number and percentage of English learners achieving
English language proficiency.
(v) For all students and disaggregated by
each of the subgroups of students, as defined in subsection (c)(2), information on
the performance on the other indicator or
indicators of school quality or student suc-

§ 6311

cess under subsection (c)(4)(B)(v) used by
the State in the State accountability system.
(vi) Information on the progress of all
students and each subgroup of students, as
defined in subsection (c)(2), toward meeting the State-designed long term goals
under subsection (c)(4)(A), including the
progress of all students and each such subgroup of students against the State measurements of interim progress established
under such subsection.
(vii) For all students and disaggregated
by each subgroup of students described in
subsection (b)(2)(B)(xi), the percentage of
students assessed and not assessed.
(viii) Information submitted by the
State educational agency and each local
educational agency in the State, in accordance with data collection conducted pursuant to section 3413(c)(1) of this title, on—
(I) measures of school quality, climate,
and safety, including rates of in-school
suspensions, out-of-school suspensions,
expulsions, school-related arrests, referrals to law enforcement, chronic absenteeism (including both excused and unexcused absences), incidences of violence,
including bullying and harassment; and
(II) the number and percentage of students enrolled in—
(aa) preschool programs; and
(bb) accelerated coursework to earn
postsecondary credit while still in high
school, such as Advanced Placement
and
International
Baccalaureate
courses and examinations, and dual or
concurrent enrollment programs.
(ix) The professional qualifications of
teachers in the State, including information (that shall be presented in the aggregate and disaggregated by high-poverty
compared to low-poverty schools) on the
number and percentage of—
(I) inexperienced teachers, principals,
and other school leaders;
(II) teachers teaching with emergency
or provisional credentials; and
(III) teachers who are not teaching in
the subject or field for which the teacher
is certified or licensed.
(x) The per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual
nonpersonnel expenditures of Federal,
State, and local funds, disaggregated by
source of funds, for each local educational
agency and each school in the State for
the preceding fiscal year.
(xi) The number and percentages of students with the most significant cognitive
disabilities who take an alternate assessment under subsection (b)(2)(D), by grade
and subject.
(xii) Results on the State academic assessments in reading and mathematics in
grades 4 and 8 of the National Assessment
of Educational Progress carried out under
section 303(b)(3) of the National Assessment of Educational Progress Authoriza-

§ 6311

TITLE 20—EDUCATION
tion Act (20 U.S.C. 9622(b)(3)), compared to
the national average of such results.
(xiii) Where available, for each high
school in the State, and beginning with
the report card prepared under this paragraph for 2017, the cohort rate (in the aggregate, and disaggregated for each subgroup of students defined in subsection
(c)(2)), at which students who graduate
from the high school enroll, for the first
academic year that begins after the students’ graduation—
(I) in programs of public postsecondary
education in the State; and
(II) if data are available and to the extent practicable, in programs of private
postsecondary education in the State or
programs of postsecondary education
outside the State.

(xiv) Any additional information that
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 secondary schools,
which may include the number and percentage of students meeting State determined levels of performance for core indicators, as defined by section 113(b)(3)(A) of
the Carl D. Perkins Career and Technical
Education
Act
of
2006
(20
U.S.C.
2323(b)(3)(A)), and reported by States only
in a manner consistent with section
113(b)(3)(C) of such Act (20 U.S.C.
2323(b)(3)(C)).
(D) Rules of construction
Nothing in subparagraph (C)(viii) shall be
construed as requiring—
(i) reporting of any data that are not collected in accordance with section 3413(c)(1)
of this title; or
(ii) disaggregation of any data other
than
as
required
under
subsection
(b)(2)(B)(xi).
(2) Annual local educational agency report
cards
(A) Preparation and dissemination
A local educational agency that receives
assistance under this part shall prepare and
disseminate an annual local educational
agency report card that includes information on such agency as a whole and each
school served by the agency.
(B) Implementation
Each local educational agency report card
shall be—
(i) concise;
(ii) presented in an understandable and
uniform format, and to the extent practicable, in a language that parents can understand; and
(iii) accessible to the public, which shall
include—
(I) placing such report card on the
website of the local educational agency;
and
(II) in any case in which a local educational agency does not operate a

Page 1364

website, providing the information to
the public in another manner determined
by the local educational agency.
(C) 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),
disaggregated in the same manner as required under such paragraph, except for
clause (xii) of such paragraph, as applied to
the local educational agency and each school
served by the local educational agency, including—
(i) in the case of a local educational
agency, information that shows how students served by the local educational agency achieved on the academic assessments
described in subsection (b)(2) compared to
students in the State as a whole;
(ii) in the case of a school, information
that shows how the school’s students’
achievement on the academic assessments
described in subsection (b)(2) compared to
students served by the local educational
agency and the State as a whole; and
(iii) any other information that the local
educational agency determines is appropriate and will best provide parents, students, and other members of the public
with information regarding the progress of
each public school served by the local educational agency, whether or not such information is included in the annual State
report card.
(D) Additional information
In the case of a local educational agency
that 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 may use public report cards
on the performance of students, schools, local
educational agencies, or the State, that were
in effect prior to December 10, 2015, 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, and protects the privacy of individual
students.
(4) Cost reduction
Each State educational agency and local
educational agency receiving assistance under
this part shall, wherever possible, take steps
to reduce data collection costs and duplication
of effort by obtaining the information required
under this subsection through existing data
collection efforts.
(5) 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) information on the achievement of students on the academic assessments required

Page 1365

TITLE 20—EDUCATION

by
subsection
(b)(2),
including
the
disaggregated results for the subgroups of
students as defined in subsection (c)(2);
(B) information on the acquisition of
English proficiency by English learners;
(C) the number and names of each public
school in the State—
(i) identified for comprehensive support
and
improvement
under
subsection
(c)(4)(D)(i); and
(ii) implementing targeted support and
improvement plans under subsection (d)(2);
and
(D) information on the professional qualifications of teachers in the State, including
information on the number and the percentage of the following teachers:
(i) Inexperienced teachers.
(ii) Teachers teaching with emergency or
provisional credentials.
(iii) Teachers who are not teaching in
the subject or field for which the teacher
is certified or licensed.
(6) 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 (5). Such report shall
be submitted through electronic means only.
(i) Privacy
(1) In general
Information collected or disseminated under
this section (including any information collected for or included in the reports described
in subsection (h)) shall be collected and disseminated in a manner that protects the privacy of individuals consistent with section
1232g of this title (commonly known as the
‘‘Family Educational Rights and Privacy Act
of 1974’’) and this chapter.
(2) Sufficiency
The reports described in subsection (h) shall
only include data that are sufficient to yield
statistically reliable information.
(3) Disaggregation
Disaggregation under this section shall not
be required if such disaggregation will reveal
personally identifiable information about any
student, teacher, principal, or other school
leader, or will provide data that are insufficient to yield statistically reliable information.
(j) Voluntary partnerships
A State retains the right to enter into a voluntary partnership with another State to develop and implement the challenging State academic standards and assessments required under
this section, except that the Secretary shall not
attempt to influence, incentivize, or coerce
State—
(1) adoption of the Common Core State
Standards developed under the Common Core
State Standards Initiative or any other academic standards common to a significant

§ 6311

number of States, or assessments tied to such
standards; or
(2) participation in such partnerships.
(k) Special rule with respect to Bureau-funded
schools
In determining the assessments to be used by
each school operated or funded by the Bureau of
Indian Education receiving funds under this
part, the following shall apply until the requirements of section 7824(c) of this title have been
met:
(1) Each such school that is accredited by
the State in which it is operating shall use the
assessments and other academic indicators the
State has developed and implemented to meet
the requirements of this section, or such other
appropriate assessment and academic indicators as approved by the Secretary of the Interior.
(2) Each such school that is accredited by a
regional accrediting organization (in consultation with and with the approval of the Secretary of the Interior, and consistent with assessments and academic indicators adopted by
other schools in the same State or region)
shall adopt an appropriate assessment and
other academic indicators that meet 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 and other
academic indicators developed by such agency
or division, except that the Secretary of the
Interior shall ensure that such assessment and
academic indicators meet the requirements of
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.
(Pub. L. 89–10, title I, § 1111, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1444;
amended Pub. L. 107–279, title IV, § 404(d)(1), Nov.
5, 2002, 116 Stat. 1985; Pub. L. 108–446, title III,
§ 305(g)(1), Dec. 3, 2004, 118 Stat. 2805; Pub. L.
109–270, § 2(f)(1), Aug. 12, 2006, 120 Stat. 747; Pub.
L. 114–95, title I, § 1005, Dec. 10, 2015, 129 Stat.
1820; Pub. L. 115–224, title III, § 302(1), July 31,
2018, 132 Stat. 1623; Pub. L. 116–92, div. A, title V,
§ 579, Dec. 20, 2019, 133 Stat. 1407.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in subsecs. (a)(1)(B) and (b)(1)(E)(i)(II),
(2)(B)(vii)(II), (D)(i)(III), is title VI of Pub. L. 91–230,
Apr. 13, 1970, 84 Stat. 175, which is classified generally
to chapter 33 (§ 1400 et seq.) of this title. For complete
classification of this Act to the Code, see section 1400
of this title and Tables.
The Rehabilitation Act of 1973, referred to in subsec.
(a)(1)(B), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355,
which is classified generally to chapter 16 (§ 701 et seq.)
of Title 29, Labor. For complete classification of this
Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
The Carl D. Perkins Career and Technical Education
Act of 2006, referred to in subsec. (a)(1)(B), is Pub. L.
88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally

§ 6312

TITLE 20—EDUCATION

by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683,
which is classified generally to chapter 44 (§ 2301 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
2301 of this title and Tables.
The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(1)(B), is Pub. L. 113–128, July 22,
2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et
seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et
seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of this
title, and made amendments to numerous other sections and notes in the Code. For complete classification
of this Act to the Code, see Short Title note set out
under section 3101 of Title 29 and Tables.
The Head Start Act, referred to in subsec. (a)(1)(B), is
subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of
title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499,
which is classified generally to subchapter II (§ 9831 et
seq.) of chapter 105 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 9801 of
Title 42 and Tables.
The Child Care and Development Block Grant Act of
1990, referred to in subsec. (a)(1)(B), is subchapter C
(§ 658A et seq.) of chapter 8 of subtitle A of title VI of
Pub. L. 97–35, as added by Pub. L. 101–508, title V,
§ 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to subchapter II–B (§ 9857 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see section 9857(a) of Title 42 and Tables.
The Education Sciences Reform Act of 2002, referred
to in subsec. (a)(1)(B), is title I of Pub. L. 107–279, Nov.
5, 2002, 116 Stat. 1941, which is classified generally to
subchapter I (§ 9501 et seq.) of chapter 76 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 9501 of this title
and Tables.
The Educational Technical Assistance Act of 2002, referred to in subsec. (a)(1)(B), is title II of Pub. L.
107–279, Nov. 5, 2002, 116 Stat. 1975, which is classified
generally to subchapter II (§ 9601 et seq.) of chapter 76
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
9501 of this title and Tables.
The National Assessment of Educational Progress
Authorization Act, referred to in subsec. (a)(1)(B), is
title III of Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1982,
which is classified generally to subchapter III (§ 9621 et
seq.) of chapter 76 of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 9501 of this title and Tables.
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(1)(B), is Pub. L. 100–77, July 22,
1987, 101 Stat. 482, which is classified principally to
chapter 119 (§ 11301 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables.
The Adult Education and Family Literacy Act, referred to in subsec. (a)(1)(B), is title II of Pub. L.
113–128, July 22, 2014, 128 Stat. 1608, which is classified
generally to subchapter II (§ 3271 et seq.) of chapter 32
of Title 29, Labor. For complete classification of this
Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
Public
Law
93–112,
referred
to
in
subsec.
(b)(1)(E)(i)(V), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat.
355, known as the Rehabilitation Act of 1973, which is
classified generally to chapter 16 (§ 701 et seq.) of Title
29, Labor. July 22, 2014, refers to the date of enactment
of title IV (§ 401 et seq.) of Pub. L. 113–128, 128 Stat. 1631,
which amended numerous sections in the Act. For complete classification of Pub. L. 93–112 to the Code, see
Short Title note set out under section 701 of Title 29
and Tables. For complete classification of title IV of
Pub. L. 113–128 to the Code, see Tables.
The Social Security Act, referred to in subsec.
(g)(1)(E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts
B and E of title IV of the Act are classified generally

Page 1366

to parts B (§ 620 et seq.) and E (§ 670 et seq.), respectively, of subchapter IV of chapter 7 of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see section 1305 of Title 42 and
Tables.
PRIOR PROVISIONS
A prior section 6311, Pub. L. 89–10, title I, § 1111, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3523; amended Pub. L. 104–134, title I, § 101(d) [title VII,
§ 703(b)(1)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–254; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110
Stat. 1327; Pub. L. 106–554, § 1(a)(4) [div. B, title XVI,
§ 1603], Dec. 21, 2000, 114 Stat. 2763, 2763A–328, related to
State plans, prior to the general amendment of this
subchapter by Pub. L. 107–110.
A prior section 1111 of Pub. L. 89–10 was classified to
section 2768 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2019—Subsec. (h)(1)(C)(ii). Pub. L. 116–92 struck out
‘‘on active duty (as defined in section 101(d)(5) of such
title)’’ after ‘‘section 101(a)(4) of title 10)’’.
2018—Subsec. (h)(1)(C)(xiv). Pub. L. 115–224 substituted ‘‘meeting State determined levels of performance for core indicators, as defined by section
113(b)(3)(A) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2323(b)(3)(A)), and reported by States only in a manner consistent with section 113(b)(3)(C) of such Act (20 U.S.C. 2323(b)(3)(C))’’ for
‘‘attaining career and technical proficiencies (as defined by section 113(b) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2323(b)) and
reported by States only in a manner consistent with
section 113(c) of such Act (20 U.S.C. 2323(c))’’.
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section related to State plan to adopt
challenging academic standards to be applied to all
schools and children in the State and penalties for failure to meet deadlines enacted in 1994 and 2001.
2006—Subsec. (a)(1). Pub. L. 109–270 substituted ‘‘Carl
D. Perkins Career and Technical Education Act of 2006’’
for ‘‘Carl D. Perkins Vocational and Technical Education Act of 1998’’.
2004—Subsec. (b)(2)(I)(ii). Pub. L. 108–446 substituted
‘‘section 612(a)(16)(A)’’ for ‘‘section 612(a)(17)(A)’’.
2002—Subsec. (c)(2). Pub. L. 107–279 substituted ‘‘section 9622(b)(2) of this title’’ for ‘‘section 9010(b)(2) of
this title’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–224 effective July 1, 2019,
see section 4 of Pub. L. 115–224, set out as a note under
section 2301 of this title.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
with separate effective dates for subsecs. (b)(2), (c), and
(d) and with special rules for implementation of interventions at certain schools and local educational agencies, see section 5 of Pub. L. 114–95, set out as a note
under section 6301 of this title.

§ 6312. Local educational agency plans
(a) Plans required
(1) Subgrants
A local educational agency may receive a
subgrant under this part for any fiscal year

Page 1367

TITLE 20—EDUCATION

only if such agency has on file with the State
educational agency a plan, approved by the
State educational agency, that—
(A) is developed with timely and meaningful consultation with teachers, principals,
other school leaders, paraprofessionals, specialized instructional support personnel,
charter school leaders (in a local educational
agency that has charter schools), administrators (including administrators of programs described in other parts of this subchapter), other appropriate school personnel,
and with parents of children in schools
served under this part; and
(B) as appropriate, is coordinated with
other programs under this chapter, the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), the Rehabilitation Act of
1973 (20 U.S.C. 701 et seq.),1 the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101
et seq.), the Head Start Act (42 U.S.C. 9831 et
seq.), the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), the Adult
Education and Family Literacy Act (29
U.S.C. 3271 et seq.), and other Acts as appropriate.
(2) Consolidated application
The plan may be submitted as part of a consolidated application under section 7845 of this
title.
(3) State approval
(A) In general
Each local educational agency plan shall
be filed according to a schedule established
by the State educational agency.
(B) Approval
The State educational agency shall approve a local educational agency’s plan only
if the State educational agency determines
that the local educational agency’s plan—
(i) provides that schools served under
this part substantially help children
served under this part meet the challenging State academic standards; and
(ii) meets the requirements of this section.
(4) Duration
Each local educational agency plan shall be
submitted for the first year for which this part
is in effect following December 10, 2015, and
shall remain in effect for the duration of the
agency’s participation under this part.
(5) Review
Each local educational agency shall periodically review and, as necessary, revise its plan.
(6) Rule of construction
Consultation required under paragraph
(1)(A) shall not interfere with the timely submission of the plan required under this section.
(b) Plan provisions
To ensure that all children receive a highquality education, and to close the achievement
1 So

in original. Probably should be ‘‘(29 U.S.C. 701 et seq.),’’.

§ 6312

gap between children meeting the challenging
State academic standards and those children
who are not meeting such standards, each local
educational agency plan shall describe—
(1) how the local educational agency will
monitor students’ progress in meeting the
challenging State academic standards by—
(A) developing and implementing a wellrounded program of instruction to meet the
academic needs of all students;
(B) identifying students who may be at
risk for academic failure;
(C) providing additional educational assistance to individual students the local educational agency or school determines need
help in meeting the challenging State academic standards; and
(D) identifying and implementing instructional and other strategies intended to
strengthen academic programs and improve
school conditions for student learning;
(2) how the local educational agency will
identify and address, as required under State
plans as described in section 6311(g)(1)(B) of
this title, any disparities that result in low-income students and minority students being
taught at higher rates than other students by
ineffective, inexperienced, or out-of-field
teachers;
(3) how the local educational agency will
carry out its responsibilities under paragraphs
(1) and (2) of section 6311(d) of this title;
(4) the poverty criteria that will be used to
select school attendance areas under section
6313 of this title;
(5) in general, the nature of the programs to
be conducted by such agency’s schools under
sections 6314 and 6315 of this title and, where
appropriate, educational services outside such
schools for children living in local institutions
for neglected or delinquent children, and for
neglected and delinquent children in community day school programs;
(6) the services the local educational agency
will provide homeless children and youths, including services provided with funds reserved
under section 6313(c)(3)(A) of this title, to support the enrollment, attendance, and success
of homeless children and youths, in coordination with the services the local educational
agency is providing under the McKinneyVento Homeless Assistance Act (42 U.S.C. 11301
et seq.);
(7) the strategy the local educational agency
will use to implement effective parent and
family engagement under section 6318 of this
title;
(8) if applicable, how the local educational
agency will support, coordinate, and integrate
services provided under this part with early
childhood education programs at the local
educational agency or individual school level,
including plans for the transition of participants in such programs to local elementary
school programs;
(9) how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized instructional
support personnel, in schools operating a targeted assistance school program under section
6315 of this title, will identify the eligible children most in need of services under this part;

§ 6312

TITLE 20—EDUCATION

(10) how the local educational agency will
implement strategies to facilitate effective
transitions for students from middle grades to
high school and from high school to postsecondary education including, if applicable—
(A) through coordination with institutions
of higher education, employers, and other
local partners; and
(B) through increased student access to
early college high school or dual or concurrent enrollment opportunities, or career
counseling to identify student interests and
skills;
(11) how the local educational agency will
support efforts to reduce the overuse of discipline practices that remove students from
the classroom, which may include identifying
and supporting schools with high rates of discipline, disaggregated by each of the subgroups of students, as defined in section
6311(c)(2) of this title;
(12) if determined appropriate by the local
educational agency, how such agency will support programs that coordinate and integrate—
(A) academic and career and technical education content through coordinated instructional strategies, that may incorporate experiential learning opportunities and promote skills attainment important to in-demand occupations or industries in the State;
and
(B) work-based learning opportunities that
provide students in-depth interaction with
industry professionals and, if appropriate,
academic credit; and
(13) any other information on how the local
educational agency proposes to use funds to
meet the purposes of this part, and that the
local educational agency determines appropriate to provide, which may include how the
local educational agency will—
(A) assist schools in identifying and serving gifted and talented students; and
(B) assist schools in developing effective
school library programs to provide students
an opportunity to develop digital literacy
skills and improve academic achievement.
(c) Assurances
Each local educational agency plan shall provide assurances that the local educational agency will—
(1) ensure that migratory children and formerly migratory children who are eligible to
receive services under this part are selected to
receive such services on the same basis as
other children who are selected to receive
services under this part;
(2) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 6320
of this title, and timely and meaningful consultation with private school officials regarding such services;
(3) participate, if selected, in the National
Assessment of Educational Progress in reading
and mathematics in grades 4 and 8 carried out
under section 9622(b)(3) of this title;
(4) coordinate and integrate services provided under this part with other educational

Page 1368

services at the local educational agency or individual school level, such as services for
English learners, children with disabilities,
migratory children, American Indian, Alaska
Native, and Native Hawaiian children, and
homeless children and youths, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program;
(5) collaborate with the State or local child
welfare agency to—
(A) designate a point of contact if the corresponding child welfare agency notifies the
local educational agency, in writing, that
the agency has designated an employee to
serve as a point of contact for the local educational agency; and
(B) by not later than 1 year after December 10, 2015, develop and implement clear
written procedures governing how transportation to maintain children in foster care in
their school of origin when in their best interest will be provided, arranged, and funded
for the duration of the time in foster care,
which procedures shall—
(i) ensure that children in foster care
needing transportation to the school of origin will promptly receive transportation
in a cost-effective manner and in accordance with section 675(4)(A) of title 42; and
(ii) ensure that, if there are additional
costs incurred in providing transportation
to maintain children in foster care in their
schools of origin, the local educational
agency will provide transportation to the
school of origin if—
(I) the local child welfare agency
agrees to reimburse the local educational agency for the cost of such
transportation;
(II) the local educational agency
agrees to pay for the cost of such transportation; or
(III) the local educational agency and
the local child welfare agency agree to
share the cost of such transportation;
and 2
(6) ensure that all teachers and paraprofessionals working in a program supported with
funds under this part meet applicable State
certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification; and
(7) in the case of a local educational agency
that chooses to use funds under this part to
provide early childhood education services to
low-income children below the age of compulsory school attendance, ensure that such services comply with the performance standards
established under section 641A(a) of the Head
Start Act (42 U.S.C. 9836a(a)).
(d) Special rule
For local educational agencies using funds
under this part for the purposes described in
subsection (c)(7), the Secretary shall—
(1) consult with the Secretary of Health and
Human Services and establish procedures (tak2 So

in original. The word ‘‘and’’ probably should not appear.

Page 1369

TITLE 20—EDUCATION

ing into consideration existing State and local
laws, and local teacher contracts) to assist
local educational agencies to comply with
such subsection; and
(2) disseminate to local educational agencies
the education performance standards in effect
under section 641A(a) of the Head Start Act (42
U.S.C. 9836a(a)), and such agencies affected by
such subsection (c)(7) shall plan to comply
with such subsection (taking into consideration existing State and local laws, and local
teacher contracts), including by pursuing the
availability of other Federal, State, and local
funding sources to assist with such compliance.
(e) Parents right-to-know
(1) Information for parents
(A) In general
At the beginning of each school year, a
local educational agency that receives funds
under this part shall notify the parents of
each student attending any school receiving
funds under this part that the parents may
request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following:
(i) Whether the student’s teacher—
(I) has met State qualification and licensing criteria for the grade levels and
subject areas in which the teacher provides instruction;
(II) is teaching under emergency or
other provisional status through which
State qualification or licensing criteria
have been waived; and
(III) is teaching in the field of discipline of the certification of the teacher.
(ii) Whether the child is provided services by paraprofessionals and, if so, their
qualifications.
(B) Additional information
In addition to the information that parents may request under subparagraph (A), a
school that receives funds under this part
shall provide to each individual parent of a
child who is a student in such school, with
respect to such student—
(i) information on the level of achievement and academic growth of the student,
if applicable and available, on each of the
State academic assessments required
under this part; and
(ii) timely notice that the student has
been assigned, or has been taught for 4 or
more consecutive weeks by, a teacher who
does not meet applicable State certification or licensure requirements at the
grade level and subject area in which the
teacher has been assigned.
(2) Testing transparency
(A) In general
At the beginning of each school year, a
local educational agency that receives funds
under this part shall notify the parents of
each student attending any school receiving

§ 6312

funds under this part that the parents may
request, and the local educational agency
will provide the parents on request (and in a
timely manner), information regarding any
State or local educational agency policy regarding student participation in any assessments mandated by section 6311(b)(2) of this
title and by the State or local educational
agency, which shall include a policy, procedure, or parental right to opt the child out
of such assessment, where applicable.
(B) Additional information
Subject to subparagraph (C), each local
educational agency that receives funds
under this part shall make widely available
through public means (including by posting
in a clear and easily accessible manner on
the local educational agency’s website and,
where practicable, on the website of each
school served by the local educational agency) for each grade served by the local educational agency, information on each assessment required by the State to comply with
section 6311 of this title, other assessments
required by the State, and where such information is available and feasible to report,
assessments required districtwide by the
local educational agency, including—
(i) the subject matter assessed;
(ii) the purpose for which the assessment
is designed and used;
(iii) the source of the requirement for
the assessment; and
(iv) where such information is available—
(I) the amount of time students will
spend taking the assessment, and the
schedule for the assessment; and
(II) the time and format for disseminating results.
(C) Local educational agency that does not
operate a website
In the case of a local educational agency
that does not operate a website, such local
educational agency shall determine how to
make the information described in subparagraph (A) widely available, such as through
distribution of that information to the
media, through public agencies, or directly
to parents.
(3) Language instruction
(A) Notice
Each local educational agency using funds
under this part or subchapter III to provide
a language instruction educational program
as determined under subchapter III shall,
not later than 30 days after the beginning of
the school year, inform parents of an
English learner identified for participation
or participating in such a program, of—
(i) the reasons for the identification of
their child as an English learner and in
need of placement in a language instruction educational program;
(ii) the child’s level of English proficiency, how such level was assessed, and
the status of the child’s academic achievement;
(iii) the methods of instruction used in
the program in which their child is, or will

§ 6312

TITLE 20—EDUCATION

be, participating and the methods of instruction used in other available programs, including how such programs differ
in content, instructional goals, and the use
of English and a native language in instruction;
(iv) how the program in which their child
is, or will be, participating will meet the
educational strengths and needs of their
child;
(v) how such program will specifically
help their child learn English and meet
age-appropriate academic achievement
standards for grade promotion and graduation;
(vi) the specific exit requirements for the
program, including the expected rate of
transition from such program into classrooms that are not tailored for English
learners, and the expected rate of graduation from high school (including four-year
adjusted cohort graduation rates and extended-year adjusted cohort graduation
rates for such program) if funds under this
part are used for children in high schools;
(vii) in the case of a child with a disability, how such program meets the objectives of the individualized education
program of the child, as described in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)); and
(viii) information pertaining to parental
rights that includes written guidance—
(I) detailing the right that parents
have to have their child immediately removed from such program upon their request;
(II) detailing the options that parents
have to decline to enroll their child in
such program or to choose another program or method of instruction, if available; and
(III) assisting parents in selecting
among various programs and methods of
instruction, if more than 1 program or
method is offered by the eligible entity.
(B) Special rule applicable during the school
year
For those children who have not been identified as English learners prior to the beginning of the school year but are identified as
English learners during such school year,
the local educational agency shall notify the
children’s parents during the first 2 weeks of
the child being placed in a language instruction educational program consistent with
subparagraph (A).
(C) Parental participation
(i) In general
Each local educational agency receiving
funds under this part shall implement an
effective means of outreach to parents of
English learners to inform the parents regarding how the parents can—
(I) be involved in the education of their
children; and
(II) be active participants in assisting
their children to—
(aa) attain English proficiency;

Page 1370

(bb) achieve at high levels within a
well-rounded education; and
(cc) meet the challenging State academic standards expected of all students.
(ii) Regular meetings
Implementing an effective means of outreach to parents under clause (i) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students
assisted under this part or subchapter III.
(D) Basis for admission or exclusion
A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or
language-minority status.
(4) Notice and format
The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the
extent practicable, provided in a language
that the parents can understand.
(Pub. L. 89–10, title I, § 1112, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1462;
amended Pub. L. 107–279, title IV, § 404(d)(2), Nov.
5, 2002, 116 Stat. 1985; Pub. L. 109–270, § 2(f)(2),
Aug. 12, 2006, 120 Stat. 747; Pub. L. 110–134, § 29(a),
Dec. 12, 2007, 121 Stat. 1448; Pub. L. 114–95, title
I, § 1006, Dec. 10, 2015, 129 Stat. 1852.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in subsec. (a)(1)(B), is title VI of Pub. L.
91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For
complete classification of this Act to the Code, see section 1400 of this title and Tables.
The Rehabilitation Act of 1973, referred to in subsec.
(a)(1)(B), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355,
which is classified generally to chapter 16 (§ 701 et seq.)
of Title 29, Labor. For complete classification of this
Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
The Carl D. Perkins Career and Technical Education
Act of 2006, referred to in subsec. (a)(1)(B), is Pub. L.
88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally
by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683,
which is classified generally to chapter 44 (§ 2301 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
2301 of this title and Tables.
The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(1)(B), is Pub. L. 113–128, July 22,
2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et
seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et
seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of this
title, and made amendments to numerous other sections and notes in the Code. For complete classification
of this Act to the Code, see Short Title note set out
under section 3101 of Title 29 and Tables.
The Head Start Act, referred to in subsec. (a)(1)(B), is
subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of
title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499,
which is classified generally to subchapter II (§ 9831 et
seq.) of chapter 105 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 9801 of
Title 42 and Tables.
The McKinney-Vento Homeless Assistance Act, referred to in subsecs. (a)(1)(B) and (b)(6), is Pub. L.

Page 1371

TITLE 20—EDUCATION

100–77, July 22, 1987, 101 Stat. 482, which is classified
principally to chapter 119 (§ 11301 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 11301 of Title 42 and Tables.
The Adult Education and Family Literacy Act, referred to in subsec. (a)(1)(B), is title II of Pub. L.
113–128, July 22, 2014, 128 Stat. 1608, which is classified
generally to subchapter II (§ 3271 et seq.) of chapter 32
of Title 29, Labor. For complete classification of this
Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
PRIOR PROVISIONS
A prior section 6312, Pub. L. 89–10, title I, § 1112, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3529, related to local educational agency plans, prior to
the general amendment of this subchapter by Pub. L.
107–110.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section related to local educational
agency plan to help low-achieving children meet challenging academic achievement standards.
2007—Subsec. (c)(1)(G). Pub. L. 110–134, § 29(a)(1), substituted ‘‘education performance standards in effect
under section 9836a(a)(1)(B) of title 42’’ for ‘‘performance standards established under section 9836a(a) of
title 42’’.
Subsec. (c)(2)(B). Pub. L. 110–134, § 29(a)(2), substituted
‘‘education performance standards in effect under section 9836a(a)(1)(B) of title 42’’ for ‘‘Head Start performance standards as in effect under section 9836a(a) of
title 42’’.
2006—Subsec. (a)(1). Pub. L. 109–270 substituted ‘‘Carl
D. Perkins Career and Technical Education Act of 2006’’
for ‘‘Carl D. Perkins Vocational and Technical Education Act of 1998’’.
2002—Subsec. (b)(1)(F). Pub. L. 107–279 substituted
‘‘section 9622(b)(2) of this title’’ for ‘‘section 9010(b)(2) of
this title’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6313. Eligible school attendance areas
(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 lowincome families is at least as high as the
percentage of children from low-income families served by the local educational agency
as a whole.
(3) Ranking order
(A) Ranking
Except as provided in subparagraph (B), if
funds allocated in accordance with sub-

§ 6313

section (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall—
(i) annually rank, without regard to
grade spans, such agency’s eligible school
attendance areas in which the concentration of children from low-income families
exceeds 75 percent from highest to lowest
according to the percentage of children
from low-income families; and
(ii) serve such eligible school attendance
areas in rank order.
(B) Exception
A local educational agency may lower the
threshold in subparagraph (A)(i) to 50 percent for high schools served by such agency.
(4) Remaining funds
If funds remain after serving all eligible
school attendance areas under paragraph (3), a
local educational agency shall—
(A) annually rank such agency’s remaining
eligible school attendance areas from highest to lowest either by grade span or for the
entire local educational agency according to
the percentage of children from low-income
families; and
(B) serve such eligible school attendance
areas in rank order either within each gradespan grouping or within the local educational agency as a whole.
(5) Measures
(A) In general
Except as provided in subparagraph (B), a
local educational agency shall use the same
measure of poverty, which measure shall be
the number of children aged 5 through 17 in
poverty counted in the most recent census
data approved by the Secretary, the number
of children eligible for a free or reduced
price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.), the number of children in families receiving assistance under the State program
funded under part A of title IV of the Social
Security Act [42 U.S.C. 601 et seq.], or the
number of children eligible to receive medical assistance under the Medicaid Program,
or a composite of such indicators, with respect to all school attendance areas in the
local educational agency—
(i) to identify eligible school attendance
areas;
(ii) to determine the ranking of each
area; and
(iii) to determine allocations under subsection (c).
(B) Secondary schools
For measuring the number of students in
low-income families in secondary schools,
the local educational agency shall use the
same measure of poverty, which shall be—
(i) the measure described under subparagraph (A); or
(ii) subject to meeting the conditions of
subparagraph (C), an accurate estimate of
the number of students in low-income families in a secondary school that is calculated by applying the average percent-

§ 6313

TITLE 20—EDUCATION

age of students in low-income families of
the elementary school attendance areas as
calculated under subparagraph (A) that
feed into the secondary school to the number of students enrolled in such school.
(C) Measure of poverty
The local educational agency shall have
the option to use the measure of poverty described in subparagraph (B)(ii) after—
(i) conducting outreach to secondary
schools within such agency to inform such
schools of the option to use such measure;
and
(ii) a majority of such schools have approved the use of such measure.
(6) Exception
This subsection shall not apply to a local
educational agency with a total enrollment of
less than 1,000 children.
(7) Waiver for desegregation plans
The Secretary may approve a local educational agency’s written request for a waiver
of the requirements of subsections (a) and (c),
and permit such agency to treat as eligible,
and serve, any school that children attend
with a State-ordered, court-ordered school desegregation plan or a plan that continues to be
implemented in accordance with a State-ordered or court-ordered desegregation plan, if—
(A) the number of economically disadvantaged children enrolled in the school is at
least 25 percent of the school’s total enrollment; and
(B) the Secretary determines on the basis
of a written request from such agency and in
accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this
part.
(b) Local educational agency discretion
(1) In general
Notwithstanding subsection (a)(2), a local
educational agency may—
(A) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income
families;
(B) use funds received under this part in a
school that is not in an eligible school attendance area, if the percentage of children
from low-income families enrolled in the
school is equal to or greater than the percentage of such children in a participating
school attendance area of such agency;
(C) designate and serve a school attendance area or school that is not eligible under
this section, but that was eligible and that
was served in the preceding fiscal year, but
only for 1 additional fiscal year; and
(D) elect not to serve an eligible school attendance area or eligible school that has a
higher percentage of children from low-income families if—
(i) the school meets the comparability
requirements of section 6321(c) of this
title;
(ii) the school is receiving supplemental
funds from other State or local sources

Page 1372

that are spent according to the requirements of section 6314 or 6315 of this title;
and
(iii) the funds expended from such other
sources equal or exceed the amount that
would be provided under this part.
(2) Special rule
Notwithstanding paragraph (1)(D), the number of children attending private elementary
schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public
school attendance area in which such children
reside is assisted under subparagraph (A).
(c) Allocations
(1) In general
A local educational agency shall allocate
funds received under this part to eligible
school attendance areas or eligible schools,
identified under subsections (a) and (b), in
rank order, on the basis of the total number of
children from low-income families in each
area or school.
(2) Special rule
(A) In general
Except as provided in subparagraph (B),
the per-pupil amount of funds allocated to
each school attendance area or school under
paragraph (1) shall be at least 125 percent of
the per-pupil amount of funds a local educational agency received for that year under
the poverty criteria described by the local
educational agency in the plan submitted
under section 6312 of this title, except that
this paragraph shall not apply to a local educational agency that only serves schools in
which the percentage of such children is 35
percent or greater.
(B) Exception
A local educational agency may reduce the
amount of funds allocated under subparagraph (A) for a school attendance area or
school by the amount of any supplemental
State and local funds expended in that
school attendance area or school for programs that meet the requirements of section
6314 or 6315 of this title.
(3) Reservation of funds
(A) In general
A local educational agency shall reserve
such funds as are necessary under this part,
determined in accordance with subparagraphs (B) and (C), to provide services comparable to those provided to children in
schools funded under this part to serve—
(i) homeless children and youths, including providing educationally related support services to children in shelters and
other locations where children may live;
(ii) children in local institutions for neglected children; and
(iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs.
(B) Method of determination
The share of funds determined under subparagraph (A) shall be determined—

Page 1373

TITLE 20—EDUCATION

(i) based on the total allocation received
by the local educational agency; and
(ii) prior to any allowable expenditures
or transfers by the local educational agency.
(C) Homeless children and youths
Funds reserved under subparagraph (A)(i)
may be—
(i) determined based on a needs assessment of homeless children and youths in
the local educational agency, taking into
consideration the number and needs of
homeless children and youths in the local
educational agency, and which needs assessment may be the same needs assessment
as
conducted
under
section
11433(b)(1) of title 42; and
(ii) used to provide homeless children
and youths with services not ordinarily
provided to other students under this part,
including providing—
(I) funding for the liaison designated
pursuant to section 11432(g)(1)(J)(ii) of
title 42; and
(II) transportation pursuant to section
11432(g)(1)(J)(iii) of such title.
(4) Financial incentives and rewards reservation
A local educational agency may reserve such
funds as are necessary from those funds received by the local educational agency under
subchapter II, and not more than 5 percent of
those funds received by the local educational
agency under subpart 2 of this part, to provide
financial incentives and rewards to teachers
who serve in schools eligible under this section and identified for comprehensive support
and improvement activities or targeted support and improvement activities under section
6311(d) of this title for the purpose of attracting and retaining qualified and effective
teachers.
(5) Early childhood education
A local educational agency may reserve
funds made available to carry out this section
to provide early childhood education programs
for eligible children.
(Pub. L. 89–10, title I, § 1113, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1469;
amended Pub. L. 114–95, title I, § 1007, Dec. 10,
2015, 129 Stat. 1859.)
Editorial Notes
REFERENCES IN TEXT
The Richard B. Russell National School Lunch Act,
referred to in subsec. (a)(5)(A), is act June 4, 1946, ch.
281, 60 Stat. 230, which is classified generally to chapter
13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 1751 of
Title 42 and Tables.
The Social Security Act, referred to in subsec.
(a)(5)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part
A of title IV of the Act is classified generally to part
A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title
42 and Tables.
PRIOR PROVISIONS
A prior section 6313, Pub. L. 89–10, title I, § 1113, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

§ 6313

3532; amended Pub. L. 104–193, title I, § 110(j)(1), Aug. 22,
1996, 110 Stat. 2172; Pub. L. 106–78, title VII, § 752(b)(10),
Oct. 22, 1999, 113 Stat. 1169, related to eligible school attendance areas, prior to the general amendment of this
subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a)(3). Pub. L. 114–95, § 1007(1)(A), added
par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘If funds allocated in accordance with subsection (c) of this section are insufficient to serve all eligible school attendance areas, a
local educational agency shall—
‘‘(A) annually rank, without regard to grade spans,
such agency’s eligible school attendance areas in
which the concentration of children from low-income
families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and
‘‘(B) serve such eligible school attendance areas in
rank order.’’
Subsec. (a)(5). Pub. L. 114–95, § 1007(1)(B), added par.
(5) and struck out former par. (5). Prior to amendment,
text read as follows: ‘‘The local educational agency
shall use the same measure of poverty, which measure
shall be the number of children ages 5 through 17 in
poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number
of children in families receiving assistance under the
State program funded under part A of title IV of the
Social Security Act, or the number of children eligible
to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to
all school attendance areas in the local educational
agency—
‘‘(A) to identify eligible school attendance areas;
‘‘(B) to determine the ranking of each area; and
‘‘(C) to determine allocations under subsection (c)
of this section.’’
Subsec. (b)(1)(D)(i). Pub. L. 114–95, § 1007(2), made
technical amendment to reference in original act which
appears in text as reference to section 6321(c) of this
title.
Subsec. (c)(3). Pub. L. 114–95, § 1007(3)(A), added par.
(3) and struck out former par. (3). Prior to amendment,
text read as follows: ‘‘A local educational agency shall
reserve such funds as are necessary under this part to
provide services comparable to those provided to children in schools funded under this part to serve—
‘‘(A) homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and
other locations where children may live;
‘‘(B) children in local institutions for neglected
children; and
‘‘(C) if appropriate, children in local institutions
for delinquent children, and neglected or delinquent
children in community day school programs.’’
Subsec. (c)(4). Pub. L. 114–95, § 1007(3)(B), substituted
‘‘comprehensive support and improvement activities or
targeted support and improvement activities under section 6311(d)’’ for ‘‘school improvement, corrective action, and restructuring under section 6316(b)’’.
Subsec. (c)(5). Pub. L. 114–95, § 1007(3)(C), added par.
(5).

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6314

TITLE 20—EDUCATION

§ 6314. Schoolwide programs
(a) In general
(1) Use of funds for schoolwide programs
(A) Eligibility
A local educational agency may consolidate and use funds under this part, together
with other Federal, State, and local funds, in
order to upgrade the entire educational program of a school that serves an eligible
school attendance area in which not less
than 40 percent of the children are from lowincome families, or not less than 40 percent
of the children enrolled in the school are
from such families.
(B) Exception
A school that serves an eligible school attendance area in which less than 40 percent
of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school
are from such families, may operate a
schoolwide program under this section if the
school receives a waiver from the State educational agency to do so, after taking into
account how a schoolwide program will best
serve the needs of the students in the school
served under this part in improving academic achievement and other factors.
(2) Identification of students not required
(A) In general
No school participating in a schoolwide
program shall be required to identify—
(i) particular children under this part as
eligible to participate in a schoolwide program; or
(ii) individual services as supplementary.
(B) Supplemental funds
In accordance with the method of determination described in section 6321(b)(2) of
this title, a school participating in a
schoolwide program shall use funds available
to carry out this section only to supplement
the amount of funds that would, in the absence of funds under this part, be made
available from non-Federal sources for the
school, including funds needed to provide
services that are required by law for children with disabilities and English learners.
(3) Exemption from statutory and regulatory
requirements
(A) Exemption
Except as provided in paragraph (2), the
Secretary may, through publication of a notice in the Federal Register, exempt
schoolwide programs under this section from
statutory or regulatory provisions of any
other noncompetitive formula grant program administered by the Secretary (other
than formula or discretionary grant programs under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.),
except as provided in section 613(a)(2)(D) of
such Act (20 U.S.C. 1413(a)(2)(D))), or any discretionary grant program administered by
the Secretary, to support schoolwide programs if the intent and purposes of such
other programs are met.

Page 1374

(B) Requirements
A school that chooses to use funds from
such other programs shall not be relieved of
the requirements relating to health, safety,
civil rights, student and parental participation and involvement, services to private
school children, comparability of services,
maintenance of effort, uses of Federal funds
to supplement, not supplant non-Federal
funds (in accordance with the method of determination described in section 6321(b)(2) of
this title), or the distribution of funds to
State educational agencies or local educational agencies that apply to the receipt
of funds from such programs.
(C) Records
A school that chooses to consolidate and
use funds from different Federal programs
under this section shall not be required to
maintain separate fiscal accounting records,
by program, that identify the specific activities supported by those particular funds as
long as the school maintains records that
demonstrate that the schoolwide program,
considered as a whole, addresses the intent
and purposes of each of the Federal programs that were consolidated to support the
schoolwide program.
(b) Schoolwide program plan
An eligible school operating a schoolwide program shall develop a comprehensive plan (or
amend a plan for such a program that was in existence on the day before December 10, 2015)
that—
(1) is developed during a 1-year period, unless—
(A) the local educational agency determines, in consultation with the school, that
less time is needed to develop and implement the schoolwide program; or
(B) the school is operating a schoolwide
program on the day before December 10, 2015,
in which case such school may continue to
operate such program, but shall develop
amendments to its existing plan during the
first year of assistance after that date to reflect the provisions of this section;
(2) is developed with the involvement of parents and other members of the community to
be served and individuals who will carry out
such plan, including teachers, principals,
other school leaders, paraprofessionals present
in the school, administrators (including administrators of programs described in other
parts of this subchapter), the local educational
agency, to the extent feasible, tribes and tribal organizations present in the community,
and, if appropriate, specialized instructional
support personnel, technical assistance providers, school staff, if the plan relates to a secondary school, students, and other individuals
determined by the school;
(3) remains in effect for the duration of the
school’s participation under this part, except
that the plan and its implementation shall be
regularly monitored and revised as necessary
based on student needs to ensure that all students are provided opportunities to meet the
challenging State academic standards;

Page 1375

TITLE 20—EDUCATION

(4) is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the
extent practicable, provided in a language
that the parents can understand; and
(5) if appropriate and applicable, is developed in coordination and integration with
other Federal, State, and local services, resources, and programs, such as programs supported under this chapter, violence prevention
programs, nutrition programs, housing programs, Head Start programs, adult education
programs, career and technical education programs, and schools implementing comprehensive support and improvement activities or
targeted support and improvement activities
under section 6311(d) of this title;
(6) is based on a comprehensive needs assessment of the entire school that takes into account information on the academic achievement of children in relation to the challenging
State academic standards, particularly the
needs of those children who are failing, or are
at-risk of failing, to meet the challenging
State academic standards and any other factors as determined by the local educational
agency; and
(7) includes a description of—
(A) the strategies that the school will be
implementing to address school needs, including a description of how such strategies
will—
(i) provide opportunities for all children,
including each of the subgroups of students (as defined in section 6311(c)(2) of
this title) to meet the challenging State
academic standards;
(ii) use methods and instructional strategies that strengthen the academic program in the school, increase the amount
and quality of learning time, and help provide an enriched and accelerated curriculum, which may include programs, activities, and courses necessary to provide a
well-rounded education; and
(iii) address the needs of all children in
the school, but particularly the needs of
those at risk of not meeting the challenging State academic standards, through
activities which may include—
(I) counseling, school-based mental
health programs, specialized instructional support services, mentoring services, and other strategies to improve students’ skills outside the academic subject areas;
(II) preparation for and awareness of
opportunities for postsecondary education and the workforce, which may include career and technical education
programs and broadening secondary
school students’ access to coursework to
earn postsecondary credit while still in
high school (such as Advanced Placement, International Baccalaureate, dual
or concurrent enrollment, or early college high schools);
(III) implementation of a schoolwide
tiered model to prevent and address
problem behavior, and early intervening

§ 6314

services, coordinated with similar activities and services carried out under the
Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.);
(IV) professional development and
other activities for teachers, paraprofessionals, and other school personnel to
improve instruction and use of data from
academic assessments, and to recruit
and retain effective teachers, particularly in high-need subjects; and
(V) strategies for assisting preschool
children in the transition from early
childhood education programs to local
elementary school programs; and
(B) if programs are consolidated, the specific State educational agency and local educational agency programs and other Federal
programs that will be consolidated in the
schoolwide program.
(c) Preschool programs
A school that operates a schoolwide program
under this section may use funds available
under this part to establish or enhance preschool programs for children who are under 6
years of age.
(d) Delivery of services
The services of a schoolwide program under
this section may be delivered by nonprofit or
for-profit external providers with expertise in
using evidence-based or other effective strategies to improve student achievement.
(e) Use of funds for dual or concurrent enrollment programs
(1) In general
A secondary school operating a schoolwide
program under this section may use funds received under this part to operate dual or concurrent enrollment programs that address the
needs of low-achieving secondary school students and those at risk of not meeting the
challenging State academic standards.
(2) Flexibility of funds
A secondary school using funds received
under this part for a dual or concurrent enrollment program described in paragraph (1) may
use such funds for any of the costs associated
with such program, including the costs of—
(A) training for teachers, and joint professional development for teachers in collaboration with career and technical educators
and educators from institutions of higher
education, where appropriate, for the purpose of integrating rigorous academics in
such program;
(B) tuition and fees, books, required instructional materials for such program, and
innovative delivery methods; and
(C) transportation to and from such program.
(3) Rule of construction
Nothing in this subsection shall be construed to impose on any State any requirement or rule regarding dual or concurrent enrollment programs that is inconsistent with
State law.
(Pub. L. 89–10, title I, § 1114, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1471;

TITLE 20—EDUCATION

§ 6315

amended Pub. L. 109–270, § 2(f)(3), Aug. 12, 2006,
120 Stat. 747; Pub. L. 114–95, title I, § 1008, Dec. 10,
2015, 129 Stat. 1862.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in subsecs. (a)(3)(A) and (b)(7)(A)(iii)(III), is
title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175,
which is classified generally to chapter 33 (§ 1400 et seq.)
of this title. For complete classification of this Act to
the Code, see section 1400 of this title and Tables.
PRIOR PROVISIONS
A prior section 6314, Pub. L. 89–10, title I, § 1114, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3534; amended Pub. L. 105–332, § 3(c)(1), Oct. 31, 1998, 112
Stat. 3125, related to schoolwide programs, prior to the
general amendment of this subchapter by Pub. L.
107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 1008(1), added subsec. (a) and struck out former subsec. (a) which consisted of pars. (1) to (4) relating to general use of funds
for schoolwide programs, nonidentification of students,
exemption from statutory and regulatory requirements, and professional development.
Subsec. (b). Pub. L. 114–95, § 1008(2), added subsec. (b)
and struck out former subsec. (b) which consisted of
pars. (1) and (2) relating to components of a schoolwide
program and development of plan.
Subsecs. (c) to (e). Pub. L. 114–95, § 1008(3), added subsecs. (c) to (e) and struck out former subsec. (c). Prior
to amendment, text of subsec. (c) read as follows: ‘‘A
school that is eligible for a schoolwide program under
this section may use funds made available under this
part to establish or enhance prekindergarten programs
for children below the age of 6, such as Even Start programs or Early Reading First programs.’’
2006—Subsec. (b)(2)(B)(v). Pub. L. 109–270 substituted
‘‘the Carl D. Perkins Career and Technical Education
Act of 2006’’ for ‘‘Carl D. Perkins Vocational and Technical Education Act of 1998’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6315. Targeted assistance schools
(a) In general
In all schools selected to receive funds under
section 6313(c) of this title that are ineligible for
a schoolwide program under section 6314 of this
title, have not received a waiver under section
6314(a)(1)(B) of this title to operate such a
schoolwide program, or choose not to operate
such a schoolwide program, a local educational
agency serving such school may use funds received under this part only for programs that
provide services to eligible children under subsection (c) identified as having the greatest need
for special assistance.
(b) Targeted assistance school program
To assist targeted assistance schools and local
educational agencies to meet their responsibility to provide for all their students served
under this part the opportunity to meet the

Page 1376

challenging State academic standards, each targeted assistance program under this section
shall—
(1) determine which students will be served;
(2) serve participating students identified as
eligible children under subsection (c), including by—
(A) using resources under this part to help
eligible children meet the challenging State
academic standards, which may include programs, activities, and academic courses necessary to provide a well-rounded education;
(B) using methods and instructional strategies to strengthen the academic program of
the school through activities, which may include—
(i) expanded learning time, before- and
after-school programs, and summer programs and opportunities; and
(ii) a schoolwide tiered model to prevent
and address behavior problems, and early
intervening services, coordinated with
similar activities and services carried out
under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
(C) coordinating with and supporting the
regular education program, which may include services to assist preschool children in
the transition from early childhood education programs such as Head Start, the literacy program under subpart 2 of part B of
subchapter II, or State-run preschool programs to elementary school programs;
(D) providing professional development
with resources provided under this part, and,
to the extent practicable, from other
sources, to teachers, principals, other school
leaders, paraprofessionals, and, if appropriate, specialized instructional support personnel, and other school personnel who work
with eligible children in programs under this
section or in the regular education program;
(E) implementing strategies to increase
the involvement of parents of eligible children in accordance with section 6318 of this
title; and 1
(F) if appropriate and applicable, coordinating and integrating Federal, State, and
local services and programs, such as programs supported under this chapter, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and
technical education programs, and comprehensive support and improvement activities or targeted support and improvement
activities under section 6311(d) of this title;
and
(G) provide 2 to the local educational agency assurances that the school will—
(i) help provide an accelerated, highquality curriculum;
(ii) minimize the removal of children
from the regular classroom during regular
school hours for instruction provided
under this part; and
(iii) on an ongoing basis, review the
progress of eligible children and revise the
1 So
2 So

in original. The word ‘‘and’’ probably should not appear.
in original. Probably should be ‘‘providing’’.

Page 1377

TITLE 20—EDUCATION

targeted assistance program under this
section, if necessary, to provide additional
assistance to enable such children to meet
the challenging State academic standards.
(c) Eligible children
(1) Eligible population
(A) In general
The eligible population for services under
this section is—
(i) children not older than age 21 who are
entitled to a free public education through
grade 12; and
(ii) children who are not yet at a grade
level at which the local educational agency provides a free public education.
(B) Eligible children from eligible population
From the population described in subparagraph (A), eligible children are children
identified by the school as failing, or most
at risk of failing, to meet the challenging
State academic standards on the basis of
multiple, educationally related, objective
criteria established by the local educational
agency and supplemented by the school, except that children from preschool through
grade 2 shall be selected solely on the basis
of criteria, including objective criteria, established by the local educational agency
and supplemented by the school.
(2) Children included
(A) In general
Children who are economically disadvantaged, children with disabilities, migrant
children or English learners, are eligible for
services under this part on the same basis as
other children selected to receive services
under this part.
(B) Head Start and preschool children
A child who, at any time in the 2 years
preceding the year for which the determination is made, participated in a Head Start
program, the literacy program under subpart
2 of part B of subchapter II, or in preschool
services under this subchapter, is eligible for
services under this part.
(C) Migrant children
A child who, at any time in the 2 years
preceding the year for which the determination is made, received services under part C
is eligible for services under this part.
(D) Neglected or delinquent children
A child in a local institution for neglected
or delinquent children and youth or attending a community day program for such children is eligible for services under this part.
(E) Homeless children
A child who is homeless and attending any
school served by the local educational agency is eligible for services under this part.
(3) Special rule
Funds received under this part may not be
used to provide services that are otherwise required by law to be made available to children
described in paragraph (2) but may be used to
coordinate or supplement such services.

§ 6315

(d) Integration of professional development
To promote the integration of staff supported
with funds under this part into the regular
school program and overall school planning and
improvement efforts, public school personnel
who are paid with funds received under this part
may—
(1) participate in general professional development and school planning activities; and
(2) assume limited duties that are assigned
to similar personnel who are not so paid, including duties beyond classroom instruction
or that do not benefit participating children,
so long as the amount of time spent on such
duties is the same proportion of total work
time as prevails with respect to similar personnel at the same school.
(e) Special rules
(1) Simultaneous service
Nothing in this section shall be construed to
prohibit a school from serving students under
this section simultaneously with students
with similar educational needs, in the same
educational settings where appropriate.
(2) Comprehensive services
If—
(A) health, nutrition, and other social
services are not otherwise available to eligible children in a targeted assistance school
and such school, if appropriate, has engaged
in a comprehensive needs assessment and established a collaborative partnership with
local service providers; and
(B) funds are not reasonably available
from other public or private sources to provide such services, then a portion of the
funds provided under this part may be used
as a last resort to provide such services, including—
(i) the provision of basic medical equipment, such as eyeglasses and hearing aids;
(ii) compensation of a coordinator;
(iii) family support and engagement
services;
(iv) integrated student supports; and
(v) professional development necessary
to assist teachers, specialized instructional support personnel, other staff, and
parents in identifying and meeting the
comprehensive needs of eligible children.
(f) Use of funds for dual or concurrent enrollment programs
A secondary school operating a targeted assistance program under this section may use
funds received under this part to provide dual or
concurrent enrollment program services described under section 6314(e) of this title to eligible children under subsection (c)(1)(B) who are
identified as having the greatest need for special
assistance.
(g) Prohibition
Nothing in this section shall be construed to
authorize the Secretary or any other officer or
employee of the Federal Government to require
a local educational agency or school to submit
the results of a comprehensive needs assessment
or plan under section 6314(b) of this title, or a
program described in subsection (b), for review
or approval by the Secretary.

TITLE 20—EDUCATION

§§ 6316, 6317
(h) Delivery of services

The services of a targeted assistance program
under this section may be delivered by nonprofit
or for-profit external providers with expertise in
using evidence-based or other effective strategies to improve student achievement.
(Pub. L. 89–10, title I, § 1115, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1475;
amended Pub. L. 114–95, title I, § 1009, Dec. 10,
2015, 129 Stat. 1865.)

Page 1378

funds under this part for any fiscal year shall devote
sufficient resources to carry out effectively the professional development activities described in subparagraph (F) of subsection (c)(1) of this section in accordance with section 6319 of this title for such fiscal year,
and a school may enter into a consortium with another
school to carry out such activities.’’
Subsecs. (f) to (h). Pub. L. 114–95, § 1009(6), added subsecs. (f) to (h).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT

Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in subsec. (b)(2)(B)(ii), is title VI of Pub. L.
91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For
complete classification of this Act to the Code, see section 1400 of this title and Tables.
PRIOR PROVISIONS
A prior section 6315, Pub. L. 89–10, title I, § 1115, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3539, related to targeted assistance schools, prior to the
general amendment of this subchapter by Pub. L.
107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 1009(1), added subsec. (a) and struck out former subsec. (a). Prior to
amendment, text read as follows: ‘‘In all schools selected to receive funds under section 6313(c) of this title
that are ineligible for a schoolwide program under section 6314 of this title, or that choose not to operate
such a schoolwide program, a local educational agency
serving such school may use funds received under this
part only for programs that provide services to eligible
children under subsection (b) of this section identified
as having the greatest need for special assistance.’’
Subsec. (b). Pub. L. 114–95, § 1009(3), added subsec. (b)
and struck out former subsec. (b). Prior to amendment,
subsec. (b) consisted of pars. (1) and (2) relating to general components of a targeted assistance school program and coordination of resources and review and revision of program.
Pub. L. 114–95, § 1009(2), redesignated subsec. (c) as (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 114–95, § 1009(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (b).
Subsec. (c)(1)(B). Pub. L. 114–95, § 1009(4)(A), substituted ‘‘the challenging State academic standards’’
for ‘‘the State’s challenging student academic achievement standards’’ and ‘‘criteria, including objective criteria, established by the local educational agency and
supplemented by the school’’ for ‘‘such criteria as
teacher judgment, interviews with parents, and developmentally appropriate measures’’.
Subsec. (c)(2)(A). Pub. L. 114–95, § 1009(4)(B)(i), substituted ‘‘English learners’’ for ‘‘limited English proficient children’’.
Subsec. (c)(2)(B). Pub. L. 114–95, § 1009(4)(B)(ii), in
heading, substituted ‘‘Head Start and preschool children’’ for ‘‘Head Start, Even Start, or Early Reading
First children’’ and, in text, substituted ‘‘Head Start
program, the literacy program under subpart 2 of part
B of subchapter II,’’ for ‘‘Head Start, Even Start, or
Early Reading First program,’’.
Subsec. (c)(2)(C). Pub. L. 114–95, § 1009(4)(B)(iii), substituted ‘‘Migrant children’’ for ‘‘Part C children’’ in
heading.
Subsec. (e)(2)(B)(iii) to (v). Pub. L. 114–95, § 1009(5)(A),
added cls. (iii) and (iv), redesignated former cl. (iii) as
(v), and, in cl. (v), substituted ‘‘specialized instructional support’’ for ‘‘pupil services’’.
Subsec. (e)(3). Pub. L. 114–95, § 1009(5)(B), struck out
par. (3). Text read as follows: ‘‘Each school receiving

Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§§ 6316, 6317. Repealed. Pub. L. 114–95, title I,
§ 1000(1), Dec. 10, 2015, 129 Stat. 1814
Section 6316, Pub. L. 89–10, title I, § 1116, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1478,
related to academic assessment and local educational
agency and school improvement.
A prior section 6316, Pub. L. 89–10, title I, § 1115A, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3542, related to school choice, prior to the general
amendment of this subchapter by Pub. L. 107–110.
Section 6317, Pub. L. 89–10, title I, § 1117, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1498;
amended Pub. L. 107–279, title IV, § 404(d)(3), Nov. 5,
2002, 116 Stat. 1985; Pub. L. 108–446, title II, § 201(b)(3),
Dec. 3, 2004, 118 Stat. 2802, related to school support and
recognition.
A prior section 6317, Pub. L. 89–10, title I, § 1116, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3542; amended Pub. L. 104–134, title I, § 101(d) [title VII,
§ 703(b)(2)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–255; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110
Stat. 1327, related to assessment and local educational
agency and school improvement, prior to the general
amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6318. Parent and family engagement
(a) Local educational agency policy
(1) In general
A local educational agency may receive
funds under this part only if such agency conducts outreach to all parents and family members and implements programs, activities, and
procedures for the involvement of parents and
family members 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
and family members of participating children
a written parent and family engagement pol-

Page 1379

TITLE 20—EDUCATION

icy. The policy shall be incorporated into the
local educational agency’s plan developed
under section 6312 of this title, establish the
agency’s expectations and objectives for meaningful parent and family involvement, and describe how the agency will—
(A) involve parents and family members in
jointly developing the local educational
agency plan under section 6312 of this title,
and the development of support and improvement plans under paragraphs (1) and (2)
of section 6311(d) of this title.
(B) provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the local educational
agency in planning and implementing effective parent and family involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with expertise in
effectively engaging parents and family
members in education;
(C) coordinate and integrate parent and
family engagement strategies under this
part with parent and family engagement
strategies, to the extent feasible and appropriate, with other relevant Federal, State,
and local laws and programs;
(D) conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of the parent and family engagement
policy in improving the academic quality of
all schools served under this part, including
identifying—
(i) 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);
(ii) the needs of parents and family members to assist with the learning of their
children, including engaging with school
personnel and teachers; and
(iii) strategies to support successful
school and family interactions;
(E) use the findings of such evaluation in
subparagraph (D) to design evidence-based
strategies for more effective parental involvement, and to revise, if necessary, the
parent and family engagement policies described in this section; and
(F) involve parents in the activities of the
schools served under this part, which may
include establishing a parent advisory board
comprised of a sufficient number and representative group of parents or family members served by the local educational agency
to adequately represent the needs of the population served by such agency for the purposes of developing, revising, and reviewing
the parent and family engagement policy.
(3) Reservation
(A) In general
Each local educational agency shall reserve at least 1 percent of its allocation

§ 6318

under subpart 2 to assist schools to carry
out the activities described in this section,
except that this subparagraph shall not
apply if 1 percent of such agency’s allocation
under subpart 2 for the fiscal year for which
the determination is made is $5,000 or less.
Nothing in this subparagraph shall be construed to limit local educational agencies
from reserving more than 1 percent of its allocation under subpart 2 to assist schools to
carry out activities described in this section.
(B) Parent and family member input
Parents and family members 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 90 percent of the funds reserved under subparagraph (A) shall be distributed to schools served under this part,
with priority given to high-need schools.
(D) Use of funds
Funds reserved under subparagraph (A) by
a local educational agency shall be used to
carry out activities and strategies consistent with the local educational agency’s
parent and family engagement policy, including not less than 1 of the following:
(i) Supporting schools and nonprofit organizations in providing professional development for local educational agency
and school personnel regarding parent and
family engagement strategies, which may
be provided jointly to teachers, principals,
other school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and
parents and family members.
(ii) Supporting programs that reach parents and family members at home, in the
community, and at school.
(iii) Disseminating information on best
practices focused on parent and family engagement, especially best practices for increasing the engagement of economically
disadvantaged parents and family members.
(iv) Collaborating, or providing subgrants to schools to enable such schools to
collaborate, with community-based or
other organizations or employers with a
record of success in improving and increasing parent and family engagement.
(v) Engaging in any other activities and
strategies that the local educational agency determines are appropriate and consistent with such agency’s parent and family engagement policy.
(b) School parent and family engagement policy
(1) In general
Each school served under this part shall
jointly develop with, and distribute to, parents
and family members of participating children
a written parent and family engagement policy, agreed on by such parents, that shall describe the means for carrying out the requirements of subsections (c) through (f). Parents

§ 6318

TITLE 20—EDUCATION

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 parent and family engagement policy that applies to all parents and
family members, 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 parent and family engagement policy that applies to all parents
and family members in all schools served by
the local educational agency, such agency
may amend that policy, if necessary, to meet
the requirements of this subsection.
(4) Parental comments
If the plan under section 6312 of this title 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 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 parent and family engagement policy and the joint development of the
schoolwide program plan under section 6314(b)
of this title, 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 achievement levels of
the challenging State academic standards;
and
(C) if requested by parents, opportunities
for regular meetings to formulate sugges-

Page 1380

tions 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 6314(b) of this title 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 parent and
family engagement 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 high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served
under this part to meet the challenging State
academic standards, and the ways in which
each parent will be responsible for supporting
their children’s learning; 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—
(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;
(C) reasonable access to staff, opportunities to volunteer and participate in their
child’s class, and observation of classroom
activities; and
(D) ensuring regular two-way, meaningful
communication between family members
and school staff, and, to the extent practicable, in a language that family members
can understand.
(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 challenging State
academic standards, State and local academic
assessments, the requirements of this part,
and how to monitor a child’s progress and

Page 1381

TITLE 20—EDUCATION

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 (including education about the harms of copyright piracy), as appropriate, to foster parental involvement;
(3) shall educate teachers, specialized instructional support personnel, principals, and
other school leaders, 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 other
Federal, State, and local programs, including
public preschool 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;
(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 parent and family engagement requirements of this part, local edu-

§ 6318

cational agencies and schools, to the extent
practicable, shall provide opportunities for the
informed participation of parents and family
members (including parents and family members who have limited English proficiency, parents and family members with disabilities, and
parents and family members of migratory children), including providing information and
school reports required under section 6311 of this
title in a format and, to the extent practicable,
in a language such parents understand.
(g) Family engagement in education programs
In a State operating a program under part E of
subchapter IV, each local educational agency or
school that receives assistance under this part
shall inform parents and organizations of the existence of the program.
(h) Review
The State educational agency shall review the
local educational agency’s parent and family engagement policies and practices to determine if
the policies and practices meet the requirements
of this section.
(Pub. L. 89–10, title I, § 1116, formerly § 1118, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002,
115 Stat. 1501; renumbered § 1116 and amended
Pub. L. 114–95, title I, §§ 1000(2), 1010, Dec. 10,
2015, 129 Stat. 1814, 1868.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6318, Pub. L. 89–10, title I, § 1117, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3548, related to State assistance for school support and
improvement, prior to the general amendment of this
subchapter by Pub. L. 107–110.
A prior section 1116 of Pub. L. 89–10 was classified to
section 6316 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 1116 of Pub. L. 89–10 was classified to section 6317 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 1010(1), substituted ‘‘Parent and
family engagement’’ for ‘‘Parental involvement’’ in
section catchline.
Subsec. (a)(1). Pub. L. 114–95, § 1010(2)(A), inserted
‘‘conducts outreach to all parents and family members
and’’ after ‘‘only if such agency’’ and ‘‘and family members’’ after ‘‘and procedures for the involvement of parents’’.
Subsec. (a)(2). Pub. L. 114–95, § 1010(2)(B)(ii), added
subpars. (A) to (F) and struck out former subpars. (A)
to (F) which related to description of how the agency
would involve parents in development of plan, provide
support in implementing parent involvement activities,
build capacity for strong parental involvement, integrate parental involvement strategies under this part
with strategies under other programs, conduct an annual evaluation of effectiveness of parental involvement policy, and involve parents in the activities of
schools served under this part.
Pub. L. 114–95, § 1010(2)(B)(i), in introductory provisions, substituted ‘‘parents and family members’’ for
‘‘parents’’, ‘‘written parent and family engagement policy’’ for ‘‘written parent involvement policy’’, and ‘‘expectations and objectives for meaningful parent and
family involvement’’ for ‘‘expectations for parent involvement’’.
Subsec. (a)(3)(A). Pub. L. 114–95, § 1010(2)(C)(i), added
subpar. (A) and struck out former subpar. (A). Prior to
amendment, text read as follows: ‘‘Each local edu-

§ 6319

TITLE 20—EDUCATION

cational 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.’’
Subsec. (a)(3)(B). Pub. L. 114–95, § 1010(2)(C)(ii), substituted ‘‘Parent and family member input’’ for ‘‘Parental input’’ in heading and ‘‘Parents and family
members of children’’ for ‘‘Parents of children’’ in text.
Subsec. (a)(3)(C). Pub. L. 114–95, § 1010(2)(C)(iii), substituted ‘‘90 percent’’ for ‘‘95 percent’’ and inserted
‘‘, with priority given to high-need schools’’ after
‘‘schools served under this part’’.
Subsec. (a)(3)(D). Pub. L. 114–95, § 1010(2)(C)(iv), added
subpar. (D).
Subsec. (b). Pub. L. 114–95, § 1010(3)(A), substituted
‘‘parent and family engagement policy’’ for ‘‘parental
involvement policy’’ in heading.
Subsec. (b)(1). Pub. L. 114–95, § 1010(3)(B), substituted
‘‘parents and family members of participating children’’ for ‘‘parents of participating children’’ and
‘‘written parent and family engagement policy’’ for
‘‘written parental involvement policy’’.
Subsec. (b)(2). Pub. L. 114–95, § 1010(3)(C), substituted
‘‘parent and family engagement policy’’ for ‘‘parental
involvement policy’’ and ‘‘parents and family members’’ for ‘‘parents’’.
Subsec. (b)(3). Pub. L. 114–95, § 1010(3)(D), substituted
‘‘parent and family engagement policy that applies to
all parents and family members in all schools served by
the local educational agency’’ for ‘‘parental involvement policy that applies to all parents’’.
Subsec. (c)(3). Pub. L. 114–95, § 1010(4)(A), substituted
‘‘parent and family engagement policy’’ for ‘‘parental
involvement policy’’ and ‘‘6314(b)’’ for ‘‘6314(b)(2)’’.
Subsec. (c)(4)(B). Pub. L. 114–95, § 1010(4)(B), substituted ‘‘the achievement levels of the challenging
State academic standards’’ for ‘‘the proficiency levels
students are expected to meet’’.
Subsec. (c)(5). Pub. L. 114–95, § 1010(4)(C), substituted
‘‘6314(b)’’ for ‘‘6314(b)(2)’’.
Subsec. (d). Pub. L. 114–95, § 1010(5)(A), substituted
‘‘parent and family engagement policy’’ for ‘‘parental
involvement policy’’ in introductory provisions.
Subsec. (d)(1). Pub. L. 114–95, § 1010(5)(B), substituted
‘‘the challenging State academic standards’’ for ‘‘the
State’s student academic achievement standards’’ and
struck out ‘‘, such as monitoring attendance, homework completion, and television watching’’ after ‘‘children’s learning’’.
Subsec. (d)(2)(D). Pub. L. 114–95, § 1010(5)(C), added
subpar. (D).
Subsec. (e)(1). Pub. L. 114–95, § 1010(6)(A), substituted
‘‘the challenging State academic standards’’ for ‘‘the
State’s academic content standards and State student
academic achievement standards’’.
Subsec. (e)(2). Pub. L. 114–95, § 1010(6)(B), inserted
‘‘(including education about the harms of copyright piracy)’’ after ‘‘technology’’.
Subsec. (e)(3). Pub. L. 114–95, § 1010(6)(C), substituted
‘‘specialized instructional support personnel, principals, and other school leaders’’ for ‘‘pupil services
personnel, principals’’.
Subsec. (e)(4). Pub. L. 114–95, § 1010(6)(D), substituted
‘‘other Federal, State, and local programs, including
public preschool programs,’’ for ‘‘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,’’.
Subsec. (f). Pub. L. 114–95, § 1010(7), added subsec. (f)
and struck out former subsec. (f). Prior to amendment,
text read as follows: ‘‘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

Page 1382

providing information and school reports required
under section 6311 of this title in a format and, to the
extent practicable, in a language such parents understand.’’
Subsec. (g). Pub. L. 114–95, § 1010(8), added subsec. (g)
and struck out former subsec. (g). Prior to amendment,
text read as follows: ‘‘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.’’
Subsec. (h). Pub. L. 114–95, § 1010(9), substituted ‘‘parent and family engagement policies’’ for ‘‘parental involvement policies’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6319. Repealed. Pub. L. 114–95, title I, § 1000(1),
Dec. 10, 2015, 129 Stat. 1814
Section, Pub. L. 89–10, title I, § 1119, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1505, related
to qualifications for teachers and paraprofessionals.
A prior section 6319, Pub. L. 89–10, title I, § 1118, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3550, related to parental involvement, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6320. 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
6315(c) of this title in the school district
served by a local educational agency who are
enrolled in private elementary schools and
secondary schools, a local educational agency
shall—
(A) after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable
basis and individually or in combination, as
requested by the officials to best meet the
needs of such children, special educational
services, instructional services (including
evaluations to determine the progress being
made in meeting such students’ academic
needs), counseling, mentoring, one-on-one
tutoring, or other benefits under this part
(such as dual or concurrent enrollment, educational radio and television, computer
equipment and materials, other technology,
and mobile educational services and equipment) that address their needs; and

Page 1383

TITLE 20—EDUCATION

(B) ensure that teachers and families of
the children participate, on an equitable
basis, in services and activities developed
pursuant to section 6318 of this title.
(2) Secular, neutral, nonideological
Such educational services or other benefits,
including materials and equipment, shall be
secular, neutral, and nonideological.
(3) Equity
(A) In general
Educational services and other benefits for
such private school children shall be equitable in comparison to services and other
benefits for public school children participating under this part, and shall be provided
in a timely manner.
(B) Ombudsman
To help ensure such equity for such private school children, teachers, and other
educational personnel, the State educational
agency involved shall designate an ombudsman to monitor and enforce the requirements of this part.
(4) Expenditures
(A) Determination
(i) In general
Expenditures for educational services
and other benefits to eligible private
school children shall be equal to the proportion of funds allocated to participating
school attendance areas based on the number of children from low-income families
who attend private schools.
(ii) Proportional share
The proportional share of funds shall be
determined based on the total amount of
funds received by the local educational
agency under this part prior to any allowable expenditures or transfers by the local
educational agency.
(B) Obligation of funds
Funds allocated to a local educational
agency for educational services and other
benefits to eligible private school children
shall be obligated in the fiscal year for
which the funds are received by the agency.
(C) Notice of allocation
Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of
the allocation of funds for educational services and other benefits under this part that
the local educational agencies have determined are available for eligible private
school children.
(D) Term of determination
The local educational agency may determine the equitable share under subparagraph (A) each year or every 2 years.
(5) Provision of services
The local educational agency, or, in a case
described in subsection (b)(6)(C), the State
educational agency involved, may provide
services under this section directly or through

§ 6320

contracts with public and private agencies, organizations, and institutions.
(b) Consultation
(1) In general
To ensure timely and meaningful consultation, a local educational agency shall consult
with appropriate private school officials during the design and development of such agency’s programs under this part. Such agency
and private school officials shall both have the
goal of reaching agreement on how to provide
equitable and effective programs for eligible
private school children, the results of which
agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B).
Such process shall include consultation on
issues such as—
(A) how the children’s needs will be identified;
(B) what services will be offered;
(C) how, where, and by whom the services
will be provided;
(D) how the services will be academically
assessed and how the results of that assessment will be used to improve those services;
(E) the size and scope of the equitable
services to be provided to the eligible private school children, the proportion of funds
that is allocated under subsection (a)(4)(A)
for such services, and how that proportion of
funds is determined;
(F) the method or sources of data that are
used under subsection (c) and section
6313(c)(1) of this title to determine the number of children from low-income families in
participating school attendance areas who
attend private schools;
(G) how and when the agency will make
decisions about the delivery of services to
such children, including a thorough consideration and analysis of the views of the private school officials on the provision of services through a contract with potential thirdparty providers;
(H) how, if the agency disagrees with the
views of the private school officials on the
provision of services through a contract, the
local educational agency will provide in
writing to such private school officials an
analysis of the reasons why the local educational agency has chosen not to use a contractor;
(I) whether the agency shall provide services directly or through a separate government agency, consortium, entity, or thirdparty contractor;
(J) whether to provide equitable services
to eligible private school children—
(i) by creating a pool or pools of funds
with all of the funds allocated under subsection (a)(4)(A) based on all the children
from low-income families in a participating school attendance area who attend
private schools; or
(ii) in the agency’s participating school
attendance area who attend private
schools with the proportion of funds allocated under subsection (a)(4)(A) based on
the number of children from low-income
families who attend private schools;

§ 6320

TITLE 20—EDUCATION

(K) when, including the approximate time
of day, services will be provided; and
(L) whether to consolidate and use funds
provided under subsection (a)(4) in coordination with eligible funds available for services
to private school children under applicable
programs, as defined in section 7881(b)(1) of
this title 1 to provide services to eligible private school children participating in programs.
(2) Disagreement
If a local educational agency disagrees with
the views of private school officials with respect to an issue described in paragraph (1),
the local educational agency shall provide in
writing to such private school officials the
reasons why the local educational agency disagrees.
(3) Timing
Such consultation shall include meetings of
agency and private school officials and shall
occur before the local educational agency
makes any decision that affects the opportunities of eligible private school children to participate in programs under this part. Such
meetings shall continue throughout implementation and assessment of services provided
under this section.
(4) Discussion
Such consultation shall include a discussion
of service delivery mechanisms a local educational agency can use to provide equitable
services to eligible private school children.
(5) Documentation
Each local educational agency shall maintain in the agency’s records and provide to the
State educational agency involved a written
affirmation signed by officials of each participating private school that the meaningful consultation required by this section has occurred. The written affirmation shall provide
the option for private school officials to indicate such officials’ belief that timely and
meaningful consultation has not occurred or
that the program design is not equitable with
respect to eligible private school children. If
such officials do not provide such affirmation
within a reasonable period of time, the local
educational agency shall forward the documentation that such consultation has, or attempts at such consultation have, taken place
to the State educational agency.
(6) Compliance
(A) In general
A private school official shall have the
right to file a complaint with the State educational agency asserting that the local educational agency did not engage in consultation that was meaningful and timely, did not
give due consideration to the views of the
private school official, or did not make a decision that treats the private school students equitably as required by this section.
(B) Procedure
If the private school official wishes to file
a complaint, the official shall provide the
1 So

in original. A comma probably should appear.

Page 1384

basis of the noncompliance with this section
by the local educational agency to the State
educational agency, and the local educational agency shall forward the appropriate documentation to the State educational agency.
(C) State educational agencies
A State educational agency shall provide
services under this section directly or
through contracts with public or private
agencies, organizations, or institutions, if
the appropriate private school officials
have—
(i) requested that the State educational
agency provide such services directly; and
(ii) demonstrated that the local educational agency involved has not met the
requirements of this section in accordance
with the procedures for making such a request, as prescribed by the State educational agency.
(c) Allocation for equitable service to private
school students
(1) Calculation
A local educational agency shall have the
final authority, consistent with this section,
to calculate the number of children, ages 5
through 17, who are from low-income families
and attend private schools by—
(A) using the same measure of low income
used to count public school children;
(B) using the results of a survey that, to
the extent possible, protects the identity of
families of private school students, and allowing such survey results to be extrapolated if complete actual data are unavailable;
(C) applying the low-income percentage of
each participating public school attendance
area, determined pursuant to this section, to
the number of private school children who
reside in that school attendance area; or
(D) using an equated measure of low income correlated with the measure of low income used to count public school children.
(2) Complaint process
Any dispute regarding low-income data for
private school students shall be subject to the
complaint process authorized in section 7883 of
this title.
(d) Public control of funds
(1) In general
The control of funds provided under this
part, and title to materials, equipment, and
property purchased with such funds, shall be
in a public agency, and a public agency shall
administer such funds, materials, equipment,
and property.
(2) Provision of services
(A) Provider
The provision of services under this section shall be provided—
(i) by employees of a public agency; or
(ii) through contract by such public
agency with an individual, association,
agency, or organization.
(B) Requirement
In the provision of such services, such employee, individual, association, agency, or

Page 1385

TITLE 20—EDUCATION

organization shall be independent of such
private school and of any religious organization, and such employment or contract shall
be under the control and supervision of such
public agency.
(e) Standards for a bypass
If a local educational agency is prohibited by
law from providing for the participation in programs on an equitable basis of eligible children
enrolled in private elementary schools and secondary schools, or if the Secretary determines
that a local educational agency has substantially failed or is unwilling, to provide for such
participation, as required by this section, the
Secretary shall—
(1) waive the requirements of this section for
such local educational agency;
(2) arrange for the provision of services to
such children through arrangements that shall
be subject to the requirements of this section
and sections 7883 and 7884 of this title; and
(3) in making the determination under this
subsection, consider one or more factors, including the quality, size, scope, and location
of the program and the opportunity of eligible
children to participate.
(Pub. L. 89–10, title I, § 1117, formerly § 1120, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002,
115 Stat. 1508; renumbered § 1117 and amended
Pub. L. 114–95, title I, §§ 1000(3), 1011, Dec. 10,
2015, 129 Stat. 1814, 1871.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6320, Pub. L. 89–10, title I, § 1119, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3555, related to professional development, prior to the
general amendment of this subchapter by Pub. L.
107–110.
A prior section 1117 of Pub. L. 89–10 was classified to
section 6317 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 1117 of Pub. L. 89–10 was classified to section 6318 of this title prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a)(1). Pub. L. 114–95, § 1011(1)(A), added
par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘To the extent consistent
with the number of eligible children identified under
section 6315(b) of this title in the school district served
by a local educational agency who are enrolled in private elementary schools and secondary schools, a local
educational agency shall, after timely and meaningful
consultation with appropriate private school officials,
provide such children, on an equitable basis, special
educational services or other benefits under this part
(such as dual enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs, and shall ensure that
teachers and families of the children participate, on an
equitable basis, in services and activities developed
pursuant to sections 6318 and 6319 of this title.’’
Subsec. (a)(3). Pub. L. 114–95, § 1011(1)(B), added par.
(3) and struck out former par. (3). Prior to amendment,
text read as follows: ‘‘Educational services and other
benefits for such private school children shall be equitable in comparison to services and other benefits for
public school children participating under this part,
and shall be provided in a timely manner.’’
Subsec. (a)(4). Pub. L. 114–95, § 1011(1)(C), added par.
(4) and struck out former par. (4). Prior to amendment,

§ 6321

text read as follows: ‘‘Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the proportion of funds allocated to participating school attendance areas based on
the number of children from low-income families who
attend private schools, which the local educational
agency may determine each year or every 2 years.’’
Subsec. (a)(5). Pub. L. 114–95, § 1011(1)(D), inserted
‘‘, or, in a case described in subsection (b)(6)(C), the
State educational agency involved,’’ after ‘‘local educational agency’’.
Subsec. (b)(1). Pub. L. 114–95, § 1011(2)(A)(i), in introductory provisions, substituted ‘‘part. Such agency and
private school officials shall both have the goal of
reaching agreement on how to provide equitable and effective programs for eligible private school children,
the results of which agreement shall be transmitted to
the ombudsman designated under subsection (a)(3)(B).
Such process shall include consultation on issues such
as—’’ for ‘‘part, on issues such as—’’.
Subsec. (b)(1)(E). Pub. L. 114–95, § 1011(2)(A)(ii), struck
out ‘‘and’’ before ‘‘the proportion of funds’’, substituted
‘‘(a)(4)(A)’’ for ‘‘(a)(4)’’, and inserted ‘‘, and how that
proportion of funds is determined’’ before semicolon at
end.
Subsec.
(b)(1)(I)
to
(L).
Pub.
L.
114–95,
§ 1011(2)(A)(iii)–(v), added subpars. (I) to (L).
Subsec. (b)(2) to (4). Pub. L. 114–95, § 1011(2)(B), (C),
added par. (2) and redesignated former pars. (2) and (3)
as (3) and (4), respectively. Former par. (4) redesignated
(5).
Subsec. (b)(5). Pub. L. 114–95, § 1011(2)(B), (D), redesignated par. (4) as (5), inserted ‘‘meaningful’’ before ‘‘consultation’’ in first sentence, inserted second sentence,
and substituted ‘‘such consultation has, or attempts at
such consultation have, taken place’’ for ‘‘such consultation has taken place’’ in last sentence. Former
par. (5) redesignated (6).
Subsec. (b)(6). Pub. L. 114–95, § 1011(2)(B), redesignated
par. (5) as (6).
Subsec. (b)(6)(A). Pub. L. 114–95, § 1011(2)(E)(i), substituted ‘‘right to file a complaint with’’ for ‘‘right to
complain to’’, inserted ‘‘asserting’’ after ‘‘State educational agency’’, struck out ‘‘or’’ before ‘‘did not give
due consideration’’, and inserted ‘‘, or did not make a
decision that treats the private school students equitably as required by this section’’ before period at end.
Subsec. (b)(6)(B). Pub. L. 114–95, § 1011(2)(E)(ii), substituted ‘‘wishes to file a complaint,’’ for ‘‘wishes to
complain,’’.
Subsec. (b)(6)(C). Pub. L. 114–95, § 1011(2)(E)(iii), added
subpar. (C).
Subsec. (c)(2). Pub. L. 114–95, § 1011(3), made technical
amendment to reference in original act which appears
in text as reference to section 7883 of this title.
Subsec. (e)(2). Pub. L. 114–95, § 1011(4), made technical
amendment to reference in original act which appears
in text as reference to sections 7883 and 7884 of this
title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6321. Fiscal requirements
(a) Maintenance of effort
A local educational agency may receive funds
under this part for any fiscal year only if the
State educational agency involved finds that the
local educational agency has maintained the
agency’s fiscal effort in accordance with section
7901 of this title.

§ 6321

TITLE 20—EDUCATION

(b) Federal funds to supplement, not supplant,
non-Federal funds
(1) In general
A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the
funds that would, in the absence of such Federal funds, be made available from State and
local sources for the education of students
participating in programs assisted under this
part, and not to supplant such funds.
(2) Compliance
To demonstrate compliance with paragraph
(1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that
such school receives all of the State and local
funds it would otherwise receive if it were not
receiving assistance under this part.
(3) Special rule
No local educational agency shall be required to—
(A) identify that an individual cost or
service supported under this part is supplemental; or
(B) provide services under this part
through a particular instructional method
or in a particular instructional setting in
order to demonstrate such agency’s compliance with paragraph (1).
(4) Prohibition
Nothing in this section shall be construed to
authorize or permit the Secretary to prescribe
the specific methodology a local educational
agency uses to allocate State and local funds
to each school receiving assistance under this
part.
(5) Timeline
A local educational agency—
(A) shall meet the compliance requirement
under paragraph (2) not later than 2 years
after December 10, 2015; and
(B) may demonstrate compliance with the
requirement under paragraph (1) before the
end of such 2-year period using the method
such local educational agency used on the
day before December 10, 2015.
(c) Comparability of services
(1) In general
(A) Comparable services
Except as provided in paragraphs (4) and
(5), a local educational agency may receive
funds under this part only if State and local
funds will be used in schools served under
this part to provide services that, taken as a
whole, are at least comparable to services in
schools that are not receiving funds under
this part.
(B) Substantially comparable services
If the local educational agency is serving
all of such agency’s schools under this part,
such agency may receive funds under this
part only if such agency will use State and
local funds to provide services that, taken as
a whole, are substantially comparable in
each school.

Page 1386

(C) Basis
A local educational agency may meet the
requirements of subparagraphs (A) and (B)
on a grade-span by grade-span basis or a
school-by-school basis.
(2) Written assurance
(A) Equivalence
A local educational agency shall be considered to have met the requirements of paragraph (1) if such agency has filed with the
State educational agency a written assurance that such agency has established and
implemented—
(i) a local educational agency-wide salary schedule;
(ii) a policy to ensure equivalence among
schools in teachers, administrators, and
other staff; and
(iii) a policy to ensure equivalence
among schools in the provision of curriculum materials and instructional supplies.
(B) Determinations
For the purpose of this subsection, in the
determination of expenditures per pupil
from State and local funds, or instructional
salaries per pupil from State and local funds,
staff salary differentials for years of employment shall not be included in such determinations.
(C) Exclusions
A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that
occur after the beginning of a school year in
determining comparability of services under
this subsection.
(3) Procedures and records
Each local educational agency assisted
under this part shall—
(A) develop procedures for compliance with
this subsection; and
(B) maintain records that are updated biennially documenting such agency’s compliance with this subsection.
(4) Inapplicability
This subsection shall not apply to a local
educational agency that does not have more
than one building for each grade span.
(5) Compliance
For the purpose of determining compliance
with paragraph (1), a local educational agency
may exclude State and local funds expended
for—
(A) language instruction educational programs; and
(B) the excess costs of providing services
to children with disabilities as determined
by the local educational agency.
(d) Exclusion of funds
For the purpose of complying with subsections
(b) and (c), a State educational agency or local
educational agency may exclude supplemental
State or local funds expended in any school attendance area or school for programs that meet
the intent and purposes of this part.

Page 1387

TITLE 20—EDUCATION

(Pub. L. 89–10, title I, § 1118, formerly § 1120A, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002,
115 Stat. 1511; renumbered § 1118 and amended
Pub. L. 114–95, title I, §§ 1000(4), 1012, Dec. 10,
2015, 129 Stat. 1814, 1874.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6321, Pub. L. 89–10, title I, § 1120, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3557, related to participation of children enrolled in private schools, prior to the general amendment of this
subchapter by Pub. L. 107–110.
A prior section 1118 of Pub. L. 89–10 was renumbered
section 1116 and is classified to section 6318 of this title.
Another prior section 1118 of Pub. L. 89–10 was classified to section 6319 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 1012(1), made technical amendment to reference in original act which appears in text as reference to section 7901 of this title.
Subsec. (b). Pub. L. 114–95, § 1012(2), added subsec. (b)
and struck out former subsec. (b) which consisted of
pars. (1) and (2) relating to general use of funds only to
supplement and not to supplant non-Federal funds and
special rule that no local educational agency be required to provide services through a particular instructional method or in a particular instructional setting.

§ 6322

(3) conducting meetings involving parents,
kindergarten or elementary school teachers,
and Head Start teachers or, if appropriate,
teachers from other early childhood education
programs, to discuss the developmental and
other needs of individual children;
(4) organizing and participating in joint
transition-related training of school staff,
Head Start program staff, and, where appropriate, other early childhood education program staff; and
(5) linking the educational services provided
by such local educational agency with the
services provided by local Head Start agencies.
(c) Coordination of regulations
The Secretary shall work with the Secretary
of Health and Human Services to coordinate regulations promulgated under this part with regulations promulgated under the Head Start Act
[42 U.S.C. 9831 et seq.].
(Pub. L. 89–10, title I, § 1119, formerly § 1120B, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002,
115 Stat. 1512; renumbered § 1119 and amended
Pub. L. 114–95, title I, §§ 1000(5), 1013, Dec. 10,
2015, 129 Stat. 1814, 1875.)
Editorial Notes
REFERENCES IN TEXT

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6322. 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. Each local educational agency shall develop agreements with such Head Start agencies
and other entities to carry out such activities.
(b) Activities
The activities referred to in subsection (a) are
activities that increase coordination between
the local educational agency and a Head Start
agency and, if feasible, other entities carrying
out early childhood education programs serving
children who will attend the schools of the local
educational agency, including—
(1) developing and implementing a systematic procedure for receiving records regarding
such children, transferred with parental consent from a Head Start program or, where applicable, another early childhood education
program;
(2) establishing channels of communication
between school staff and their counterparts
(including teachers, social workers, and health
staff) in such Head Start agencies or other entities carrying out early childhood education
programs, as appropriate, to facilitate coordination of programs;

The Head Start Act, referred to in subsec. (c), is subchapter B (§§ 635–657) of chapter 8 of subtitle A of title
VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified generally to subchapter II (§ 9831
et seq.) of chapter 105 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 9801 of
Title 42 and Tables.
PRIOR PROVISIONS
A prior section 6322, Pub. L. 89–10, title I, § 1120A, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3559; amended Pub. L. 104–134, title I, § 101(b) [title II,
§ 2754], Apr. 26, 1996, 110 Stat. 1321–77, 1321–150; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat.
1327, related to fiscal requirements, prior to the general
amendment of this subchapter by Pub. L. 107–110. See
section 6321 of this title.
A prior section 1119 of Pub. L. 89–10 was classified to
section 6319 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 1119 of Pub. L. 89–10 was classified to section 6320 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
A prior section 6323, Pub. L. 89–10, title I, § 1120B, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3560, related to coordination requirements, prior to its
omission in the general amendment of this subchapter
by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 1013(1), struck out
‘‘such as the Early Reading First program’’ after
‘‘early childhood development programs’’ and inserted
at end ‘‘Each local educational agency shall develop
agreements with such Head Start agencies and other
entities to carry out such activities.’’
Subsec. (b). Pub. L. 114–95, § 1013(2)(A), substituted
‘‘early childhood education programs’’ for ‘‘early childhood development programs, such as the Early Reading
First program,’’ in introductory provisions.
Subsec. (b)(1). Pub. L. 114–95, § 1013(2)(B), substituted
‘‘early childhood education program’’ for ‘‘early childhood development program such as the Early Reading
First program’’.

TITLE 20—EDUCATION

§ 6331

Subsec. (b)(2), (3). Pub. L. 114–95, § 1013(2)(C), (D), substituted ‘‘early childhood education programs’’ for
‘‘early childhood development programs such as the
Early Reading First program’’.
Subsec. (b)(4). Pub. L. 114–95, § 1013(2)(E), struck out
‘‘Early Reading First program staff,’’ after ‘‘Head Start
program staff,’’ and substituted ‘‘early childhood education program staff’’ for ‘‘early childhood development program staff’’.
Subsec. (b)(5). Pub. L. 114–95, § 1013(2)(F), struck out
‘‘and entities carrying out Early Reading First programs’’ after ‘‘Head Start agencies’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
SUBPART 2—ALLOCATIONS

§ 6331. Grants for the outlying areas and the Secretary of the Interior
(a) Reservation of funds
Subject to subsection (e), from the amount appropriated for payments to States for any fiscal
year under section 6302(a) of this title, the Secretary shall—
(1) reserve 0.4 percent to provide assistance
to the outlying areas in accordance with subsection (b); and
(2) reserve 0.7 percent to provide assistance
to the Secretary of the Interior in accordance
with subsection (d).
(b) Assistance to outlying areas
(1) Funds reserved
From the amount made available for any fiscal year under subsection (a)(1), the Secretary
shall—
(A) first reserve $1,000,000 for the Republic
of Palau, until Palau enters into an agreement for extension of United States educational assistance under the Compact of
Free Association, and subject to such terms
and conditions as the Secretary may establish, except that Public Law 95–134, permitting the consolidation of grants, shall not
apply; and
(B) use the remaining funds to award
grants to the outlying areas in accordance
with paragraphs (2) through (5).
(2) Amount of grants
The Secretary shall allocate the amount
available under paragraph (1)(B) to the outlying areas in proportion to their relative
numbers of children, aged 5 to 17, inclusive,
from families below the poverty level, on the
basis of the most recent satisfactory data
available from the Department of Commerce.
(3) Hold-harmless amounts
For each fiscal year, the amount made available to each outlying area under this subsection shall be—
(A) not less than 95 percent of the amount
made available for the preceding fiscal year
if the number of children counted under
paragraph (2) is not less than 30 percent of

Page 1388

the total number of children aged 5 to 17
years, inclusive, in the outlying area;
(B) not less than 90 percent of the amount
made available for the preceding fiscal year
if the percentage described in subparagraph
(A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount
made available for the preceding fiscal year
if the percentage described in subparagraph
(A) is below 15 percent.
(4) Ratable reductions
If the amount made available under paragraph (1)(B) for any fiscal year is insufficient
to pay the full amounts that the outlying
areas are eligible to receive under paragraphs
(2) and (3) for that fiscal year, the Secretary
shall ratably reduce those amounts.
(5) Uses
Grant funds awarded under paragraph (1)(A)
may be used only—
(A) for programs described in this chapter,
including teacher training, curriculum development, instructional materials, or general school improvement and reform; and
(B) to provide direct educational services
that assist all students with meeting the
challenging State academic standards.
(c) Definitions
For the purpose of this section, the term ‘‘outlying area’’ means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(d) Allotment to the Secretary of the Interior
(1) In general
The amount allotted for payments to the
Secretary of the Interior under subsection
(a)(2) for any fiscal year shall be used, in accordance with such criteria as the Secretary
may establish, to meet the unique educational
needs of—
(A) Indian children on reservations served
by elementary schools and secondary
schools for Indian children operated or supported by the Department of the Interior;
and
(B) out-of-State Indian children in elementary schools and secondary schools in local
educational agencies under special contracts
with the Department of the Interior.
(2) Payments
From the amount allotted for payments to
the Secretary of the Interior under subsection
(a)(2), the Secretary of the Interior shall make
payments to local educational agencies, on
such terms as the Secretary determines will
best carry out the purposes of this part, with
respect to out-of-State Indian children described in paragraph (1). The amount of such
payment may not exceed, for each such child,
the greater of—
(A) 40 percent of the average per-pupil expenditure in the State in which the agency
is located; or
(B) 48 percent of such expenditure in the
United States.
(e) Limitation on applicability
If, by reason of the application of subsection
(a) for any fiscal year, the total amount avail-

Page 1389

TITLE 20—EDUCATION

able for allocation to all States under this part
would be less than the amount allocated to all
States for fiscal year 2016 under this part, the
Secretary shall provide assistance to the outlying areas and the Secretary of the Interior in
accordance with this section, as in effect on the
day before December 10, 2015.
(Pub. L. 89–10, title I, § 1121, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1513;
amended Pub. L. 114–95, title I, § 1014, Dec. 10,
2015, 129 Stat. 1876.)
Editorial Notes
REFERENCES IN TEXT
Public Law 95–134, referred to in subsec. (b)(1)(A), is
Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159. Provisions relating to consolidation of grants are contained in section 501 of Pub. L. 95–134 which is classified to section
1469a of Title 48, Territories and Insular Possessions.
PRIOR PROVISIONS
A prior section 6331, Pub. L. 89–10, title I, § 1121, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3561, related to grants for outlying areas and the Secretary of the Interior, prior to the general amendment
of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section consisted of subsecs. (a) to (d)
relating to reservation of one percent of funds for assistance to outlying areas and the Secretary of the Interior, grants to outlying areas, definitions, and allotment to the Secretary of the Interior to meet special
educational needs of Indian children.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6332. Allocations to States
(a) Allocation formula
Of the amount appropriated under section
6302(a) of this title to carry out this part for
each of fiscal years 2017–2020 (referred to in this
subsection as the current fiscal year)—
(1) an amount equal to the amount made
available to carry out section 6333 of this title
for fiscal year 2001 shall be allocated in accordance with section 6333 of this title;
(2) an amount equal to the amount made
available to carry out section 6334 of this title
for fiscal year 2001 shall be allocated in accordance with section 6334 of this title; and
(3) an amount equal to 100 percent of the
amount, if any, by which the total amount
made available under this subsection for the
current fiscal year for which the determination is made exceeds the total amount available to carry out sections 6333 and 6334 of this
title for fiscal year 2001 shall be used to carry
out sections 6335 and 6337 of this title and such
amount shall be divided equally between sections 6335 and 6337 of this title.

§ 6332

(b) Adjustments where necessitated by appropriations
(1) In general
If the sums available under this subpart for
any fiscal year are insufficient to pay the full
amounts that all local educational agencies in
States are eligible to receive under sections
6333, 6334, and 6335 of this title for such year,
the Secretary shall ratably reduce the allocations to such local educational agencies, subject to subsections (c) and (d) of this section.
(2) Additional funds
If additional funds become available for
making payments under sections 6333, 6334,
and 6335 of this title for such fiscal year, allocations that were reduced under paragraph (1)
shall be increased on the same basis as they
were reduced.
(c) Hold-harmless amounts
(1) Amounts for sections 6333, 6334, and 6335
For each fiscal year, the amount made available to each local educational agency under
each of sections 6333, 6334, and 6335 of this title
shall be—
(A) not less than 95 percent of the amount
made available for the preceding fiscal year
if the number of children counted for grants
under section 6333 of this title is not less
than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the
local educational agency;
(B) not less than 90 percent of the amount
made available for the preceding fiscal year
if the percentage described in subparagraph
(A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount
made available for the preceding fiscal year
if the percentage described in subparagraph
(A) is below 15 percent.
(2) Payments
If sufficient funds are appropriated, the
amounts described in paragraph (1) shall be
paid to all local educational agencies that received grants under section 6334 of this title
for the preceding fiscal year, regardless of
whether the local educational agency meets
the minimum eligibility criteria for that fiscal year described in section 6334(a)(1)(A) of
this title except that a local educational agency that does not meet such minimum eligibility criteria for 4 consecutive years shall no
longer be eligible to receive a hold harmless
amount referred to in paragraph (1).
(3) Applicability
Notwithstanding any other provision of law,
the Secretary shall not take into consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by
the Secretary other than a program authorized under this part.
(4) Population data
For any fiscal year for which the Secretary
calculates grants on the basis of population
data for counties, the Secretary shall apply
the hold-harmless percentages in paragraphs

TITLE 20—EDUCATION

§ 6333

(1) and (2) to counties and, if the Secretary’s
allocation for a county is not sufficient to
meet the hold-harmless requirements of this
subsection for every local educational agency
within that county, the State educational
agency shall reallocate funds proportionately
from all other local educational agencies in
the State that are receiving funds in excess of
the hold-harmless amounts specified in this
subsection.
(d) Ratable reductions
(1) In general
If the sums made available under this subpart for any fiscal year are insufficient to pay
the full amounts that local educational agencies in all States are eligible to receive under
subsection (c) for such year, the Secretary
shall ratably reduce such amounts for such
year.
(2) Additional funds
If additional funds become available for
making payments under subsection (c) for
such fiscal year, amounts that were reduced
under paragraph (1) shall be increased on the
same basis as such amounts were reduced.
(e) Definition
For the purpose of this section and sections
6333, 6334, 6335, and 6337 of this title, the term
‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(Pub. L. 89–10, title I, § 1122, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1515;
amended Pub. L. 114–95, title I, § 1015, Dec. 10,
2015, 129 Stat. 1878.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6332, Pub. L. 89–10, title I, § 1122, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3562, related to allocations to States, prior to the general amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 1015(1), substituted
‘‘2017–2020’’ for ‘‘2002–2007’’ in introductory provisions.
Subsec. (a)(3). Pub. L. 114–95, § 1015(2), added par. (3)
and struck out former par. (3) which read as follows:
‘‘an amount equal to 100 percent of the amount, if any,
by which the amount made available to carry out sections 6333, 6334, and 6335 of this title for the current fiscal year for which the determination is made exceeds
the amount available to carry out sections 6333 and 6334
of this title for fiscal year 2001 shall be allocated in accordance with section 6335 of this title.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6333. 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 6338 of this title, the grant that a local

Page 1390

educational agency is eligible to receive under
this section for a fiscal year is the amount determined by multiplying—
(A) the number of children counted under
subsection (c); and
(B) 40 percent of the average per-pupil expenditure in the State, except that the
amount determined under this subparagraph
shall not be less than 32 percent, or more
than 48 percent, of the average per-pupil expenditure in the United States.
(2) Calculation of grants
(A) Allocations to local educational agencies
The Secretary shall calculate grants under
this section on the basis of the number of
children counted under subsection (c) for
local educational agencies, unless the Secretary and the Secretary of Commerce determine that some or all of those data are unreliable or that their use would be otherwise
inappropriate, in which case—
(i) the two Secretaries shall publicly disclose the reasons for their determination
in detail; and
(ii) paragraph (3) shall apply.
(B) Allocations to large and small local educational agencies
(i) For any fiscal year to which this paragraph applies, the Secretary shall calculate
grants under this section for each local educational agency.
(ii) The amount of a grant under this section for each large local educational agency
shall be the amount determined under clause
(i).
(iii) For small local educational agencies,
the State educational agency may either—
(I) distribute grants under this section in
amounts determined by the Secretary
under clause (i); or
(II) use an alternative method approved
by the Secretary to distribute the portion
of the State’s total grants under this section that is based on those small agencies.
(iv) An alternative method under clause
(iii)(II) shall be based on population data
that the State educational agency determines best reflect the current distribution of
children in poor families among the State’s
small local educational agencies that meet
the eligibility criteria of subsection (b).
(v) If a small local educational agency is
dissatisfied with the determination of its
grant by the State educational agency under
clause (iii)(II), it may appeal that determination to the Secretary, who shall respond not later than 45 days after receipt of
such appeal.
(vi) As used in this subparagraph—
(I) the term ‘‘large local educational
agency’’ means a local educational agency
serving an area with a total population of
20,000 or more; and
(II) the term ‘‘small local educational
agency’’ means a local educational agency
serving an area with a total population of
less than 20,000.

Page 1391

TITLE 20—EDUCATION

(3) Allocations to counties
(A) Calculation
For any fiscal year to which this paragraph applies, the Secretary shall calculate
grants under this section on the basis of the
number of children counted under subsection
(c) for counties, and State educational agencies shall suballocate county amounts to
local educational agencies, in accordance
with regulations issued by the Secretary.
(B) Direct allocations
In any State in which a large number of
local educational agencies overlap county
boundaries, or for which the State believes
it has data that would better target funds
than allocating them by county, the State
educational agency may apply to the Secretary for authority to make the allocations
under this subpart for a particular fiscal
year directly to local educational agencies
without regard to counties.
(C) Allocations to local educational agencies
If the Secretary approves the State educational agency’s application under subparagraph (B), the State educational agency
shall provide the Secretary an assurance
that such allocations shall be made—
(i) using precisely the same factors for
determining a grant as are used under this
subpart; or
(ii) using data that the State educational agency submits to the Secretary
for approval that more accurately target
poverty.
(D) Appeal
The State educational agency shall provide the Secretary an assurance that it will
establish a procedure through which a local
educational agency that is dissatisfied with
its determinations under subparagraph (B)
may appeal directly to the Secretary for a
final determination.
(4) Puerto Rico
(A) In general
For each fiscal year, the grant that the
Commonwealth of Puerto Rico shall be eligible to receive under this section shall be the
amount determined by multiplying the number of children counted under subsection (c)
for the Commonwealth of Puerto Rico by the
product of—
(i) subject to subparagraph (B), the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico
is of the lowest average per-pupil expenditure of any of the 50 States; and
(ii) 32 percent of the average per-pupil
expenditure in the United States.
(B) Minimum percentage
The percentage in subparagraph (A)(i)
shall not be less than—
(i) for fiscal year 2002, 77.5 percent;
(ii) for fiscal year 2003, 80.0 percent;
(iii) for fiscal year 2004, 82.5 percent;
(iv) for fiscal year 2005, 85.0 percent;
(v) for fiscal year 2006, 92.5 percent; and
(vi) for fiscal year 2007 and succeeding
fiscal years, 100.0 percent.

§ 6333

(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 schoolage population in the agency’s jurisdiction.
(c) Children to be counted
(1) Categories of children
The number of children to be counted for
purposes of this section is the aggregate of—
(A) the number of children aged 5 to 17, inclusive, in the school district of the local
educational agency from families below the
poverty level as determined under paragraph
(2);
(B) the number of children (determined
under paragraph (4) for either the preceding
year as described in that paragraph, or for
the second preceding year, as the Secretary
finds appropriate) aged 5 to 17, inclusive, in
the school district of such agency in institutions for neglected and delinquent children
(other than such institutions operated by
the United States), but not counted pursuant to subpart 1 of part D for the purposes of
a grant to a State agency, or being supported in foster homes with public funds;
and
(C) the number of children aged 5 to 17, inclusive, in the school district of such agency
from families above the poverty level as determined under paragraph (4).
(2) Determination of number of children
For the purposes of this section, the Secretary shall determine the number of children
aged 5 to 17, inclusive, from families below the
poverty level on the basis of the most recent
satisfactory data, described in paragraph (3),
available from the Department of Commerce.
The District of Columbia and the Commonwealth of Puerto Rico shall be treated as individual local educational agencies. If a local
educational agency contains two or more
counties in their entirety, then each county
will be treated as if such county were a separate local educational agency for purposes of
calculating grants under this part. The total
of grants for such counties shall be allocated
to such a local educational agency, which
local educational agency shall distribute to
schools in each county within such agency a
share of the local educational agency’s total
grant that is no less than the county’s share of

§ 6334

TITLE 20—EDUCATION

the population counts used to calculate the
local educational agency’s grant.
(3) Population updates
(A) In general
In fiscal year 2002 and each subsequent fiscal year, the Secretary shall use updated
data on the number of children, aged 5 to 17,
inclusive, from families below the poverty
level for counties or local educational agencies, published by the Department of Commerce, unless the Secretary and the Secretary of Commerce determine that the use
of the updated population data would be inappropriate or unreliable. If appropriate and
reliable data are not available annually, the
Secretary shall use data which are updated
every 2 years.
(B) Inappropriate or unreliable data
If the Secretary and the Secretary of Commerce determine that some or all of the data
referred to in subparagraph (A) are inappropriate or unreliable, the Secretary and the
Secretary of Commerce shall publicly disclose their reasons.
(C) Criteria of poverty
In determining the families that are below
the poverty level, the Secretary shall use
the criteria of poverty used by the Bureau of
the Census in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price
Index for All Urban Consumers, published by
the Bureau of Labor Statistics.
(4) Other children to be counted
(A) For the purpose of this section, the Secretary shall determine the number of children
aged 5 to 17, inclusive, from families above the
poverty level on the basis of the number of
such children from families receiving an annual income, in excess of the current criteria
of poverty, from payments under a State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.]; and in
making such determinations, the Secretary
shall use the criteria of poverty used by the
Bureau of the Census in compiling the most
recent decennial census for a family of four in
such form as those criteria have been updated
by increases in the Consumer Price Index for
All Urban Consumers, published by the Bureau
of Labor Statistics.
(B) The Secretary shall determine the number of such children and the number of children aged 5 through 17 living in institutions
for neglected or delinquent children, or being
supported in foster homes with public funds,
on the basis of the caseload data for the month
of October of the preceding fiscal year (using,
in the case of children described in the preceding sentence, the criteria of poverty and
the form of such criteria required by such sentence which were determined for the calendar
year preceding such month of October) or, to
the extent that such data are not available to
the Secretary before January of the calendar
year in which the Secretary’s determination is
made, then on the basis of the most recent reliable data available to the Secretary at the
time of such determination.

Page 1392

(C) Except for the data on children living in
institutions for neglected or delinquent children, the Secretary of Health and Human
Services shall collect and transmit the information required by this subparagraph to the
Secretary not later than January 1 of each
year.
(D) For the purpose of this section, the Secretary shall consider all children who are in
correctional institutions to be living in institutions for delinquent children.
(5) Estimate
When requested by the Secretary, the Secretary of Commerce shall make a special updated estimate of the number of children of
such ages who are from families below the
poverty level (as determined under paragraph
(1)(A)) in each school district, and the Secretary is authorized to pay (either in advance
or by way of reimbursement) the Secretary of
Commerce the cost of making this special estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of a State for the collection of additional
census information.
(d) State minimum
Notwithstanding section 6332 of this title, the
aggregate amount allotted for all local educational agencies within a State may not be less
than the lesser of—
(1) 0.25 percent of the total amount allocated
to States under this section for fiscal year
2001, plus 0.35 percent of the total amount allocated to States under this section in excess of
the amount allocated for fiscal year 2001; or
(2) the average of—
(A) the amount calculated in paragraph
(1), above; and
(B) the number of children in such State
counted under subsection (c) in the fiscal
year multiplied by 150 percent of the national average per-pupil payment made with
funds available under this section for that
year.
(Pub. L. 89–10, title I, § 1124, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1516.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsec.
(c)(4)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
amended. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
PRIOR PROVISIONS
A prior section 6333, Pub. L. 89–10, title I, § 1124, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3564; amended Pub. L. 104–193, title I, § 110(j)(2), Aug. 22,
1996, 110 Stat. 2172, related to basic grants to local educational agencies, prior to the general amendment of
this subchapter by Pub. L. 107–110.

§ 6334. Concentration grants to local educational
agencies
(a) Eligibility for and amount of grants
(1) In general
(A) Except as otherwise provided in this
paragraph, each local educational agency

Page 1393

TITLE 20—EDUCATION

which is eligible for a grant under section 6333
of this title for any fiscal year is eligible for
an additional grant under this section for that
fiscal year if the number of children counted
under section 6333(c) of this title in the agency
exceeds either—
(i) 6,500; or
(ii) 15 percent of the total number of children aged 5 through 17 in the agency.
(B) Notwithstanding section 6332 of this
title, no State shall receive less than the lesser of—
(i) 0.25 percent of the total amount allocated to States under this section for fiscal
year 2001, plus 0.35 percent of the total
amount allocated to States under this section in excess of the amount allocated for
fiscal year 2001; or
(ii) the average of—
(I) the amount calculated under clause
(i); and
(II) the greater of—
(aa) $340,000; or
(bb) the number of children in such
State counted for purposes of this section in that fiscal year multiplied by 150
percent of the national average per-pupil
payment made with funds available
under this section for that year.
(2) Determination
For each county or local educational agency
eligible to receive an additional grant under
this section for any fiscal year, the Secretary
shall determine the product of—
(A) the number of children counted under
section 6333(c) of this title for that fiscal
year; and
(B) the amount in section 6333(a)(1)(B) of
this title for each State except the Commonwealth of Puerto Rico, and the amount in
section 6333(a)(4) of this title for the Commonwealth of Puerto Rico.
(3) Amount
The amount of the additional grant for
which an eligible local educational agency or
county is eligible under this section for any
fiscal year shall be an amount which bears the
same ratio to the amount available to carry
out this section for that fiscal year as the
product determined under paragraph (2) for
such local educational agency for that fiscal
year bears to the sum of such products for all
local educational agencies in the United
States for that fiscal year.
(4) Local allocations
(A) Grant amounts under this section shall
be determined in accordance with section
6333(a)(2), (3), and (4) of this title.
(B) For any fiscal year for which the Secretary allocates funds under this section on
the basis of counties, a State may reserve not
more than 2 percent of its allocation under
this section to make grants to local educational agencies that meet the criteria of
paragraph (1)(A)(i) or (ii) and are in ineligible
counties that do not meet these criteria.
(b) Small States
In any State for which on January 8, 2002, the
number of children counted under section 6333(c)

§ 6335

of this title is less than 0.25 percent of the number of those children counted for all States, the
State educational agency shall allocate funds
under this section among the local educational
agencies in the State either—
(1) in accordance with paragraphs (2) and (4)
of subsection (a); or
(2) based on their respective concentrations
and numbers of children counted under section
6333(c) of this title, except that only those
local educational agencies with concentrations or numbers of children counted under
section 6333(c) of this title that exceed the
statewide average percentage of such children
or the statewide average number of such children shall receive any funds on the basis of
this paragraph.
(Pub. L. 89–10, title I, § 1124A, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1521.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6334, Pub. L. 89–10, title I, § 1124A, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3569, related to concentration grants to local educational agencies, prior to the general amendment of
this subchapter by Pub. L. 107–110.

§ 6335. 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
6333(c) of this title, before application of the
weighted child count described in subsection
(c), is at least 10; and
(B) if the number of children counted for
grants under section 6333(c) of this title, before application of the weighted child count
described in subsection (c), is at least 5 percent of the total number of children aged 5
to 17 years, inclusive, in the school district
of the local educational agency.
(2) Special rule
For any fiscal year for which the Secretary
allocates funds under this section on the basis
of counties, funds made available as a result of
applying this subsection shall be reallocated
by the State educational agency to other eligible local educational agencies in the State in
proportion to the distribution of other funds
under this section.
(b) Grants for local educational agencies, the
District of Columbia, and the Commonwealth
of Puerto Rico
(1) In general
The amount of the grant that a local educational agency in a State (other than the
Commonwealth of Puerto Rico) is eligible to
receive under this section for any fiscal year
shall be the product of—
(A) the weighted child count determined
under subsection (c); and

§ 6335

TITLE 20—EDUCATION

Page 1394

(B) the amount determined under section
6333(a)(1)(B) of this title.
(2) Puerto Rico
For each fiscal year, the amount of the
grant the Commonwealth of Puerto Rico is eligible to receive under this section shall be
equal to the number of children counted under
subsection (c) for the Commonwealth of Puerto Rico, multiplied by the amount determined
in section 6333(a)(4) of this title for the Commonwealth of Puerto Rico.
(c) Weighted child count
(1) Weights for allocations to counties
(A) In general

Puerto Rico under this paragraph shall not
be greater than the total number of children
counted under section 6333(c) of this title
multiplied by 1.82.
(2) Weights for allocations to local educational
agencies
(A) In general
For each fiscal year for which the Secretary uses local educational agency data,
the weighted child count used to determine
a local educational agency’s grant under
this section is the larger of the two amounts
determined under subparagraphs (B) and (C).
(B) By percentage of children

For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used
to determine a county’s allocation under
this section is the larger of the two amounts
determined under subparagraphs (B) and (C).
(B) By percentage of children

The amount referred to in subparagraph
(A) is determined by adding—
(i) the number of children determined
under section 6333(c) of this title for that
local educational agency who constitute
not more than 15.58 percent, inclusive, of
the agency’s total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children who constitute more than 15.58 percent, but not
more than 22.11 percent, of such population, multiplied by 1.75;
(iii) the number of such children who
constitute more than 22.11 percent, but not
more than 30.16 percent, of such population, multiplied by 2.5;
(iv) the number of such children who
constitute more than 30.16 percent, but not
more than 38.24 percent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute more than 38.24 percent of such
population, multiplied by 4.0.
(C) By number of children
The amount referred to in subparagraph
(A) is determined by adding—
(i) the number of children determined
under section 6333(c) of this title who constitute not more than 691, inclusive, of the
agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children between
692 and 2,262, inclusive, in such population,
multiplied by 1.5;
(iii) the number of such children between
2,263 and 7,851, inclusive, in such population, multiplied by 2.0;
(iv) the number of such children between
7,852 and 35,514, inclusive, in such population, multiplied by 2.5; and
(v) the number of such children in excess
of 35,514 in such population, multiplied by
3.0.
(D) Puerto Rico
Notwithstanding subparagraph (A), the
weighting factor for the Commonwealth of
Puerto Rico under this paragraph shall not
be greater than the total number of children
counted under section 6333(c) of this title
multiplied by 1.82.
(d) Calculation of grant amounts
Grant amounts under this section shall be calculated in the same manner as grant amounts

The amount referred to in subparagraph
(A) is determined by adding—
(i) the number of children determined
under section 6333(c) of this title for that
county who constitute not more than 15.00
percent, inclusive, of the county’s total
population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children who constitute more than 15.00 percent, but not
more than 19.00 percent, of such population, multiplied by 1.75;
(iii) the number of such children who
constitute more than 19.00 percent, but not
more than 24.20 percent, of such population, multiplied by 2.5;
(iv) the number of such children who
constitute more than 24.20 percent, but not
more than 29.20 percent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute more than 29.20 percent of such
population, multiplied by 4.0.
(C) By number of children
The amount referred to in subparagraph
(A) is determined by adding—
(i) the number of children determined
under section 6333(c) of this title who constitute not more than 2,311, inclusive, of
the county’s total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children between
2,312 and 7,913, inclusive, in such population, multiplied by 1.5;
(iii) the number of such children between
7,914 and 23,917, inclusive, in such population, multiplied by 2.0;
(iv) the number of such children between
23,918 and 93,810, inclusive, in such population, multiplied by 2.5; and
(v) the number of such children in excess
of 93,811 in such population, multiplied by
3.0.
(D) Puerto Rico
Notwithstanding subparagraph (A), the
weighting factor for the Commonwealth of

Page 1395

TITLE 20—EDUCATION

are calculated under section 6333(a)(2) and (3) of
this title.
(e) State minimum
Notwithstanding any other provision of this
section or section 6332 of this title, from the
total amount available for any fiscal year to
carry out this section, each State shall be allotted at least the lesser of—
(1) 0.35 percent of the total amount available
to carry out this section; or
(2) the average of—
(A) 0.35 percent of the total amount available to carry out this section; and
(B) 150 percent of the national average
grant under this section per child described
in section 6333(c) of this title, without application of a weighting factor, multiplied by
the State’s total number of children described in section 6333(c) of this title, without application of a weighting factor.
(Pub. L. 89–10, title I, § 1125, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1522.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6335, Pub. L. 89–10, title I, § 1125, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3571, related to targeted grants to local educational
agencies, prior to the general amendment of this subchapter by Pub. L. 107–110.

§ 6336. Adequacy of funding to local educational
agencies in fiscal years after fiscal year 2001
Pursuant to section 6332 of this title, the total
amount allocated in any fiscal year after fiscal
year 2001 for programs and activities under this
part shall not exceed the amount allocated in
fiscal year 2001 for such programs and activities
unless the amount available for targeted grants
to local educational agencies under section 6335
of this title in the applicable fiscal year meets
the requirements of section 6332(a) of this title.
(Pub. L. 89–10, title I, § 1125AA, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1525;
amended Pub. L. 114–95, title I, § 1016, Dec. 10,
2015, 129 Stat. 1878.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6336, Pub. L. 89–10, title I, § 1125A, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3575, related to education finance incentive program,
prior to the general amendment of this subchapter by
Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, in section catchline, struck out
‘‘of targeted grants’’ after ‘‘Adequacy of funding’’ and,
in text, struck out subsec. (a), which set forth Congressional findings, and struck out subsec. (b) designation
and heading before ‘‘Pursuant’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6337

§ 6337. Education finance incentive grant program
(a) Grants
From funds made available under section
6332(a) of this title the Secretary is authorized
to make grants to States, from allotments
under subsection (b), to carry out the programs
and activities of this part.
(b) Distribution based upon fiscal effort and equity
(1) In general
(A) In general
Except as provided in subparagraph (B),
funds made available for any fiscal year to
carry out this section shall be allotted to
each State based upon the number of children counted under section 6333(c) of this
title in such State multiplied by the product
of—
(i) the amount in section 6333(a)(1)(B) of
this title for all States other than the
Commonwealth of Puerto Rico, except
that the amount determined under that
subparagraph shall not be less that 34 percent or more than 46 percent of the average per pupil expenditure in the United
States, and the amount in section
6333(a)(4) of this title for the Commonwealth of Puerto Rico, except that the
amount in section 6333(a)(4)(A)(ii) of this
title shall be 34 percent of the average per
pupil expenditure in the United States;
multiplied by
(ii) such State’s effort factor described in
paragraph (2); multiplied by
(iii) 1.30 minus such State’s equity factor
described in paragraph (3).
(B) State minimum
Notwithstanding any other provision of
this section or section 6332 of this title, from
the total amount available for any fiscal
year to carry out this section, each State
shall be allotted at least the lesser of—
(i) 0.35 percent of the total amount reserved under section 6332(a) of this title to
carry out this section; or
(ii) the average of—
(I) 0.35 percent of the total amount
available to carry out this section; and
(II) 150 percent of the national average
grant under this section per child described in section 6333(c) of this title,
without application of a weighting factor, multiplied by the State’s total number of children described in section
6333(c) of this title, without application
of a weighting factor.
(2) Effort factor
(A) In general
Except as provided in subparagraph (B),
the effort factor for a State shall be determined in accordance with the succeeding
sentence, except that such factor shall not
be less than 0.95 nor greater than 1.05. The
effort factor determined under this sentence
shall be a fraction the numerator of which is
the product of the 3-year average per-pupil

§ 6337

TITLE 20—EDUCATION

expenditure in the State multiplied by the 3year 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 3year average per-pupil expenditure in the
United States.
(B) Commonwealth of Puerto Rico
The effort factor for the Commonwealth of
Puerto Rico shall be equal to the lowest effort factor calculated under subparagraph
(A) for any State.
(3) Equity factor
(A) Determination
(i) In general
Except as provided in subparagraph (B),
the Secretary shall determine the equity
factor under this section for each State in
accordance with clause (ii).
(ii) Computation
(I) In general
For each State, the Secretary shall
compute a weighted coefficient of variation for the per-pupil expenditures of
local educational agencies in accordance
with subclauses (II), (III), and (IV).
(II) Variation
In computing coefficients of variation,
the Secretary shall weigh the variation
between per-pupil expenditures in each
local educational agency and the average
per-pupil expenditures in the State according to the number of pupils served
by the local educational agency.
(III) Number of pupils
In determining the number of pupils
under this paragraph served by each
local educational agency and in each
State, the Secretary shall multiply the
number of children counted under section 6333(c) of this title by a factor of 1.4.
(IV) Enrollment requirement
In computing coefficients of variation,
the Secretary shall include only those
local educational agencies with an enrollment of more than 200 students.
(B) Special rule
The equity factor for a State that meets
the disparity standard described in section
222.162 of title 34, Code of Federal Regulations (as such section was in effect on the
day preceding January 8, 2002) or a State
with only one local educational agency shall
be not greater than 0.10.
(c) Use of funds; eligibility of local educational
agencies
All funds awarded to each State under this
section shall be allocated to local educational
agencies under the following provisions. Within
local educational agencies, funds allocated
under this section shall be distributed to schools
on a basis consistent with section 6313 of this
title, and may only be used to carry out activities under this part. A local educational agency
in a State is eligible to receive a targeted grant
under this section for any fiscal year if—

Page 1396

(1) the number of children in the local educational agency counted under section 6333(c)
of this title, before application of the weighted
child count described in paragraph (3),1 is at
least 10; and
(2) if the number of children counted for
grants under section 6333(c) of this title, before application of the weighted child count
described in paragraph (3),1 is at least 5 percent of the total number of children aged 5 to
17 years, inclusive, in the school district of the
local educational agency.
For any fiscal year for which the Secretary allocates funds under this section on the basis of
counties, funds made available as a result of applying this subsection shall be reallocated by
the State educational agency to other eligible
local educational agencies in the State in proportion to the distribution of other funds under
this section.
(d) Allocation of funds to eligible local educational agencies
Funds received by States under this section
shall be allocated within States to eligible local
educational agencies on the basis of weighted
child counts calculated in accordance with paragraph (1), (2), or (3), as appropriate for each
State.
(1) States with an equity factor less than .10
In States with an equity factor less than .10,
the weighted child counts referred to in subsection (d) shall be calculated as follows:
(A) Weights for allocations to counties
(i) In general
For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count
used to determine a county’s allocation
under this section is the larger of the two
amounts determined under clauses (ii) and
(iii).
(ii) By percentage of children
The amount referred to in clause (i) is
determined by adding—
(I) the number of children determined
under section 6333(c) of this title for that
county who constitute not more than
15.00 percent, inclusive, of the county’s
total population aged 5 to 17, inclusive,
multiplied by 1.0;
(II) the number of such children who
constitute more than 15.00 percent, but
not more than 19.00 percent, of such population, multiplied by 1.75;
(III) the number of such children who
constitute more than 19.00 percent, but
not more than 24.20 percent, of such population, multiplied by 2.5;
(IV) the number of such children who
constitute more than 24.20 percent, but
not more than 29.20 percent, of such population, multiplied by 3.25; and
(V) the number of such children who
constitute more than 29.20 percent of
such population, multiplied by 4.0.
1 So

in original. This subsec. does not contain a par. (3).

Page 1397

TITLE 20—EDUCATION

(iii) By number of children
The amount referred to in clause (i) is
determined by adding
(I) the number of children determined
under section 6333(c) of this title who
constitute not more than 2,311, inclusive,
of the county’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 2,312 and 7,913, inclusive, in such
population, multiplied by 1.5;
(III) the number of such children between 7,914 and 23,917, inclusive, in such
population, multiplied by 2.0;
(IV) the number of such children between 23,918 and 93,810, inclusive, in such
population, multiplied by 2.5; and
(V) the number of such children in excess of 93,811 in such population, multiplied by 3.0.
(B) Weights for allocations to local educational agencies
(i) In general
For each fiscal year for which the Secretary uses local educational agency data,
the weighted child count used to determine a local educational agency’s grant
under this section is the larger of the two
amounts determined under clauses (ii) and
(iii).
(ii) By percentage of children
The amount referred to in clause (i) is
determined by adding—
(I) the number of children determined
under section 6333(c) of this title for that
local educational agency who constitute
not more than 15.58 percent, inclusive, of
the agency’s total population aged 5 to
17, inclusive, multiplied by 1.0;
(II) the number of such children who
constitute more than 15.58 percent, but
not more than 22.11 percent, of such population, multiplied by 1.75;
(III) the number of such children who
constitute more than 22.11 percent, but
not more than 30.16 percent, of such population, multiplied by 2.5;
(IV) the number of such children who
constitute more than 30.16 percent, but
not more than 38.24 percent, of such population, multiplied by 3.25; and
(V) the number of such children who
constitute more than 38.24 percent of
such population, multiplied by 4.0.
(iii) By number of children
The amount referred to in clause (i) is
determined by adding—
(I) the number of children determined
under section 6333(c) of this title who
constitute not more than 691, inclusive,
of the agency’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692 and 2,262, inclusive, in such
population, multiplied by 1.5;
(III) the number of such children between 2,263 and 7,851, inclusive, in such
population, multiplied by 2.0;

§ 6337

(IV) the number of such children between 7,852 and 35,514, inclusive, in such
population, multiplied by 2.5; and
(V) the number of such children in excess of 35,514 in such population, multiplied by 3.0.
(2) States with an equity factor greater than or
equal to .10 and less than .20
In States with an equity factor greater than
or equal to .10 and less than .20, the weighted
child counts referred to in subsection (d) shall
be calculated as follows:
(A) Weights for allocations to counties
(i) In general
For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count
used to determine a county’s allocation
under this section is the larger of the two
amounts determined under clauses (ii) and
(iii).
(ii) By percentage of children
The amount referred to in clause (i) is
determined by adding—
(I) the number of children determined
under section 6333(c) of this title for that
county who constitute not more than
15.00 percent, inclusive, of the county’s
total population aged 5 to 17, inclusive,
multiplied by 1.0;
(II) the number of such children who
constitute more than 15.00 percent, but
not more than 19.00 percent, of such population, multiplied by 1.5;
(III) the number of such children who
constitute more than 19.00 percent, but
not more than 24.20 percent, of such population, multiplied by 3.0;
(IV) the number of such children who
constitute more than 24.20 percent, but
not more than 29.20 percent, of such population, multiplied by 4.5; and
(V) the number of such children who
constitute more than 29.20 percent of
such population, multiplied by 6.0.
(iii) By number of children
The amount referred to in clause (i) is
determined by adding—
(I) the number of children determined
under section 6333(c) of this title who
constitute not more than 2,311, inclusive,
of the county’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 2,312 and 7,913, inclusive, in such
population, multiplied by 1.5;
(III) the number of such children between 7,914 and 23,917, inclusive, in such
population, multiplied by 2.25;
(IV) the number of such children between 23,918 and 93,810, inclusive, in such
population, multiplied by 3.375; and
(V) the number of such children in excess of 93,811 in such population, multiplied by 4.5.
(B) Weights for allocations to local educational agencies
(i) In general
For each fiscal year for which the Secretary uses local educational agency data,

§ 6337

TITLE 20—EDUCATION

the weighted child count used to determine a local educational agency’s grant
under this section is the larger of the two
amounts determined under clauses (ii) and
(iii).
(ii) By percentage of children
The amount referred to in clause (i) is
determined by adding—
(I) the number of children determined
under section 6333(c) of this title for that
local educational agency who constitute
not more than 15.58 percent, inclusive, of
the agency’s total population aged 5 to
17, inclusive, multiplied by 1.0;
(II) the number of such children who
constitute more than 15.58 percent, but
not more than 22.11 percent, of such population, multiplied by 1.5;
(III) the number of such children who
constitute more than 22.11 percent, but
not more than 30.16 percent, of such population, multiplied by 3.0;
(IV) the number of such children who
constitute more than 30.16 percent, but
not more than 38.24 percent, of such population, multiplied by 4.5; and
(V) the number of such children who
constitute more than 38.24 percent of
such population, multiplied by 6.0.
(iii) By number of children
The amount referred to in clause (i) is
determined by adding—
(I) the number of children determined
under section 6333(c) of this title who
constitute not more than 691, inclusive,
of the agency’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692 and 2,262, inclusive, in such
population, multiplied by 1.5;
(III) the number of such children between 2,263 and 7,851, inclusive, in such
population, multiplied by 2.25;
(IV) the number of such children between 7,852 and 35,514, inclusive, in such
population, multiplied by 3.375; and
(V) the number of such children in excess of 35,514 in such population, multiplied by 4.5.
(3) States with an equity factor greater than or
equal to .20
In States with an equity factor greater than
or equal to .20, the weighted child counts referred to in subsection (d) shall be calculated
as follows:
(A) Weights for allocations to counties
(i) In general
For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count
used to determine a county’s allocation
under this section is the larger of the two
amounts determined under clauses (ii) and
(iii).
(ii) By percentage of children
The amount referred to in clause (i) is
determined by adding—

Page 1398

(I) the number of children determined
under section 6333(c) of this title for that
county who constitute not more than
15.00 percent, inclusive, of the county’s
total population aged 5 to 17, inclusive,
multiplied by 1.0;
(II) the number of such children who
constitute more than 15.00 percent, but
not more than 19.00 percent, of such population, multiplied by 2.0;
(III) the number of such children who
constitute more than 19.00 percent, but
not more than 24.20 percent, of such population, multiplied by 4.0;
(IV) the number of such children who
constitute more than 24.20 percent, but
not more than 29.20 percent, of such population, multiplied by 6.0; and
(V) the number of such children who
constitute more than 29.20 percent of
such population, multiplied by 8.0.
(iii) By number of children
The amount referred to in clause (i) is
determined by adding—
(I) the number of children determined
under section 6333(c) of this title who
constitute not more than 2,311, inclusive,
of the county’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 2,312 and 7,913, inclusive, in such
population, multiplied by 2.0;
(III) the number of such children between 7,914 and 23,917, inclusive, in such
population, multiplied by 3.0;
(IV) the number of such children between 23,918 and 93,810, inclusive, in such
population, multiplied by 4.5; and
(V) the number of such children in excess of 93,811 in such population, multiplied by 6.0.
(B) Weights for allocations to local educational agencies
(i) In general
For each fiscal year for which the Secretary uses local educational agency data,
the weighted child count used to determine a local educational agency’s grant
under this section is the larger of the two
amounts determined under clauses (ii) and
(iii).
(ii) By percentage of children
The amount referred to in clause (i) is
determined by adding—
(I) the number of children determined
under section 6333(c) of this title for that
local educational agency who constitute
not more than 15.58 percent, inclusive, of
the agency’s total population aged 5 to
17, inclusive, multiplied by 1.0;
(II) the number of such children who
constitute more than 15.58 percent, but
not more than 22.11 percent, of such population, multiplied by 2.0;
(III) the number of such children who
constitute more than 22.11 percent, but
not more than 30.16 percent, of such population, multiplied by 4.0;
(IV) the number of such children who
constitute more than 30.16 percent, but

Page 1399

TITLE 20—EDUCATION

not more than 38.24 percent, of such population, multiplied by 6.0; and
(V) the number of such children who
constitute more than 38.24 percent of
such population, multiplied by 8.0.
(iii) By number of children
The amount referred to in clause (i) is
determined by adding—
(I) the number of children determined
under section 6333(c) of this title who
constitute not more than 691, inclusive,
of the agency’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692 and 2,262, inclusive, in such
population, multiplied by 2.0;
(III) the number of such children between 2,263 and 7,851, inclusive, in such
population, multiplied by 3.0;
(IV) the number of such children between 7,852 and 35,514, inclusive, in such
population, multiplied by 4.5; and
(V) the number of such children in excess of 35,514 in such population, multiplied by 6.0.
(e) Maintenance of effort
(1) In general
A State is entitled to receive its full allotment of funds under this section for any fiscal
year if the Secretary finds that the State’s fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for
the preceding fiscal year was not less than 90
percent of the fiscal effort or aggregate expenditures for the second preceding fiscal
year, subject to the requirements of paragraph
(2).
(2) Reduction in case of failure to meet
(A) In general
The Secretary shall reduce the amount of
the allotment of funds under this section for
any fiscal year in the exact proportion by
which a State fails to meet the requirement
of paragraph (1) by falling below 90 percent
of both the fiscal effort per student and aggregate expenditures (using the measure
most favorable to the State), if such State
has also failed to meet such requirement (as
determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years.
(B) Special rule
No such lesser amount shall be used for
computing the effort required under paragraph (1) for subsequent years.
(3) Waiver
The Secretary may waive the requirements
of this subsection if the Secretary determines
that a waiver would be equitable due to—
(A) exceptional or uncontrollable circumstances, such as a natural disaster or a
change in the organizational structure of the
State; or
(B) a precipitous decline in the financial
resources of the State.

§ 6337

(f) Adjustments where necessitated by appropriations
(1) In general
If the sums available under this section for
any fiscal year are insufficient to pay the full
amounts that all local educational agencies in
States are eligible to receive to carry out this
section for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to paragraphs (2)
and (3).
(2) Additional funds
If additional funds become available for
making payments under this section for such
fiscal year, allocations that were reduced
under paragraph (1) shall be increased on the
same basis as they were reduced.
(3) Hold-harmless amounts
For each fiscal year, if sufficient funds are
available, the amount made available to each
local educational agency under this section
shall be—
(A) not less than 95 percent of the amount
made available for the preceding fiscal year
if the number of children counted for grants
under section 6333 of this title is not less
than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the
local educational agency;
(B) not less than 90 percent of the amount
made available for the preceding fiscal year
if the percentage described in subparagraph
(A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount
made available for the preceding fiscal year
if the percentage described in subparagraph
(A) is below 15 percent.
(4) Applicability
Notwithstanding any other provision of law,
the Secretary shall not take into consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by
the Secretary other than a program authorized under this part.
(Pub. L. 89–10, title I, § 1125A, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1525;
amended Pub. L. 114–95, title I, § 1017, Dec. 10,
2015, 129 Stat. 1878.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6337, Pub. L. 89–10, title I, § 1126, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3577, related to special allocation procedures, prior to
the general amendment of this subchapter by Pub. L.
107–110. See section 6338 of this title.
A prior section 1125A of Pub. L. 89–10 was classified to
section 6336 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 1017(1), substituted
‘‘funds made available under section 6332(a) of this
title’’ for ‘‘funds appropriated under subsection (f) of
this section’’.
Subsec. (b)(1)(A). Pub. L. 114–95, § 1017(2)(A), substituted ‘‘funds made available for any fiscal year to

TITLE 20—EDUCATION

§ 6338

carry out this section’’ for ‘‘funds appropriated pursuant to subsection (f) of this section’’ in introductory
provisions.
Subsec. (b)(1)(B)(i). Pub. L. 114–95, § 1017(2)(B), substituted ‘‘the total amount reserved under section
6332(a) of this title to carry out this section’’ for ‘‘total
appropriations’’.
Subsec. (c). Pub. L. 114–95, § 1017(3), redesignated pars.
(A) and (B) as (1) and (2), respectively.
Subsec. (d)(1)(A)(ii). Pub. L. 114–95, § 1017(4), struck
out opening quotation marks before ‘‘(i)’’ in introductory provisions.
Subsec. (e). Pub. L. 114–95, § 1017(5), added subsec. (e)
and struck out former subsec. (e) which related to general rule for full allotment of funds, reduction of funds
in any fiscal year where State fails to meet requirements, and equitable waiver of requirements for 1 fiscal
year only.
Subsec. (f). Pub. L. 114–95, § 1017(6), (7), redesignated
subsec. (g) as (f) and struck out former subsec. (f). Prior
to amendment, text of subsec. (f) read as follows:
‘‘There are authorized to be appropriated to carry out
this section such sums as may be necessary for fiscal
year 2002 and for each of the 5 succeeding fiscal years.’’
Subsec. (f)(1). Pub. L. 114–95, § 1017(8)(A), substituted
‘‘to carry out this section’’ for ‘‘under this section’’.
Subsec. (f)(3). Pub. L. 114–95, § 1017(8)(B), substituted
‘‘shall be—’’ for ‘‘shall be’’ in introductory provisions.
Subsec. (g). Pub. L. 114–95, § 1017(7), redesignated subsec. (g) as (f).

Page 1400

(3) to reflect the merger, creation, or change
of boundaries of one or more local educational
agencies.
(c) Reallocation
If a State educational agency determines that
the amount of a grant a local educational agency would receive under sections 6333, 6334, 6335,
and 6337 of this title is more than such local educational agency will use, the State educational
agency shall make the excess amount available
to other local educational agencies in the State
that need additional funds in accordance with
criteria established by the State educational
agency.
(Pub. L. 89–10, title I, § 1126, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6338, Pub. L. 89–10, title I, § 1127, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3577, related to carryover and waiver, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 1126 of Pub. L. 89–10 was classified to
section 6337 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6338. 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 6333(c)(1)(B) of this title, the
State educational agency shall, if such agency
assumes responsibility for the special educational needs of such children, receive the
portion of such local educational agency’s allocation under sections 6333, 6334, 6335, and 6337
of this title that is attributable to such children.
(2) Special rule
If the State educational agency does not assume such responsibility, any other State or
local public agency that does assume such responsibility shall receive that portion of the
local educational agency’s allocation.
(b) Allocations among local educational agencies
The State educational agency may allocate
the amounts of grants under sections 6333, 6334,
6335, and 6337 of this title among the affected
local educational agencies—
(1) if two or more local educational agencies
serve, in whole or in part, the same geographical area;
(2) if a local educational agency provides
free public education for children who reside
in the school district of another local educational agency; or

§ 6339. Carryover and waiver
(a) Limitation on carryover
Notwithstanding section 1225(b) of this title or
any other provision of law, not more than 15 percent of the funds allocated to a local educational agency for any fiscal year under this
subpart (but not including funds received
through any reallocation under this subpart)
may remain available for obligation by such
agency for one additional fiscal year.
(b) Waiver
A State educational agency may, once every 3
years, waive the percentage limitation in subsection (a) if—
(1) the agency determines that the request of
a local educational agency is reasonable and
necessary; or
(2) supplemental appropriations for this subpart become available.
(c) Exclusion
The percentage limitation under subsection
(a) shall not apply to any local educational
agency that receives less than $50,000 under this
subpart for any fiscal year.
(Pub. L. 89–10, title I, § 1127, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1127 of Pub. L. 89–10 was classified to
section 6338 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

PART B—STATE ASSESSMENT GRANTS
Editorial Notes
CODIFICATION
Part B of title I of the Elementary and Secondary
Education Act of 1965, comprising this part, was origi-

Page 1401

TITLE 20—EDUCATION

nally enacted in the general amendment of title I of
Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, by Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1535, and
amended by Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 11;
Pub. L. 110–154, Dec. 21, 2007, 121 Stat. 1826; Pub. L.
113–128, July 22, 2014, 128 Stat. 1425. Part B is shown
herein, however, as having been added by Pub. L. 114–95,
title I, § 1201, Dec. 10, 2015, 129 Stat. 1879, without reference to those intervening amendments because of the
extensive revision of part B by Pub. L. 114–95. See Codification note preceding section 6301 of this title.

§ 6361. Grants for State assessments and related
activities
(a) Grants authorized
From amounts made available in accordance
with section 6363 of this title, the Secretary
shall make grants to State educational agencies
to enable the States to carry out 1 or more of
the following:
(1) To pay the costs of the development of
the State assessments and standards adopted
under section 6311(b) of this title, which may
include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State.
(2) If a State has developed the assessments
adopted under section 6311(b) of this title, to
administer those assessments or to carry out
other assessment activities described in this
part, such as the following:
(A) Ensuring the provision of appropriate
accommodations available to English learners and children with disabilities to improve
the rates of inclusion in regular assessments
of such children, including professional development activities to improve the implementation of such accommodations in instructional practice.
(B) Developing challenging State academic
standards and aligned assessments in academic subjects for which standards and assessments are not required under section
6311(b) of this title.
(C) Developing or improving assessments
for English learners, including assessments
of English language proficiency as required
under section 6311(b)(2)(G) of this title and
academic assessments in languages other
than English to meet the State’s obligations
under section 6311(b)(2)(F) of this title.
(D) Ensuring the continued validity and
reliability of State assessments.
(E) Refining State assessments to ensure
their continued alignment with the challenging State academic standards and to improve the alignment of curricula and instructional materials.
(F) Developing or improving balanced assessment systems that include summative,
interim, and formative assessments, including supporting local educational agencies in
developing or improving such assessments.
(G) At the discretion of the State, refining
science assessments required under section
6311(b)(2) of this title in order to integrate
engineering design skills and practices into
such assessments.
(H) Developing or improving models to
measure and assess student progress or student growth on State assessments under section 6311(b)(2) of this title and other assess-

§ 6361

ments not required under section 6311(b)(2)
of this title.
(I) Developing or improving assessments
for children with disabilities, including alternate assessments aligned to alternate
academic achievement standards for students with the most significant cognitive
disabilities described in section 6311(b)(2)(D)
of this title, and using the principles of universal design for learning.
(J) Allowing for collaboration with institutions of higher education, other research
institutions, or other organizations to improve the quality, validity, and reliability of
State academic assessments beyond the requirements for such assessments described
in section 6311(b)(2) of this title.
(K) Measuring student academic achievement using multiple measures of student
academic
achievement
from
multiple
sources.
(L) Evaluating student academic achievement through the development of comprehensive academic assessment instruments (such as performance and technologybased academic assessments, computer
adaptive assessments, projects, or extended
performance task assessments) that emphasize the mastery of standards and aligned
competencies in a competency-based education model.
(M) Designing the report cards and reports
under section 6311(h) of this title in an easily
accessible, user friendly-manner that crosstabulates student information by any category the State determines appropriate, as
long as such cross-tabulation—
(i) does not reveal personally identifiable
information about an individual student;
and
(ii) is derived from existing State and
local reporting requirements.
(b) Rule of construction
Nothing in subsection (a)(2)(M) shall be construed as authorizing, requiring, or allowing any
additional reporting requirements, data elements, or information to be reported to the Secretary unless such reporting, data, or information is explicitly authorized under this chapter.
(c) Annual report
Each State educational agency receiving a
grant under this section shall submit an annual
report to the Secretary describing the State’s
activities under the grant and the result of such
activities.
(Pub. L. 89–10, title I, § 1201, as added Pub. L.
114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1879.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6361, Pub. L. 89–10, title I, § 1201, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat.
1535, stated purpose of former subpart 1 of this part,
prior to the general amendment of this part by Pub. L.
114–95.
Another prior section 6361, Pub. L. 89–10, title I, § 1201,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3578; amended Pub. L. 106–554, § 1(a)(4) [div. B,
title XVI, § 1604(b)], Dec. 21, 2000, 114 Stat. 2763,

TITLE 20—EDUCATION

§ 6362

2763A–328, stated purpose of Even Start family literacy
program, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 1201 of Pub. L. 89–10 was classified to
section 2781 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6362. State option to conduct assessment system audit
(a) In general
From the amount reserved under section
6363(a)(3) of this title for a fiscal year, the Secretary shall make grants to States to enable the
States to—
(1) in the case of a grant awarded under this
section to a State for the first time—
(A) audit State assessment systems and
ensure that local educational agencies audit
local assessments under subsection (e)(1);
(B) execute the State plan under subsection (e)(3)(D); and
(C) award subgrants under subsection (f);
and
(2) in the case of a grant awarded under this
section to a State that has previously received
a grant under this section—
(A) execute the State plan under subsection (e)(3)(D); and
(B) award subgrants under subsection (f).
(b) Minimum amount
Each State that receives a grant under this
section shall receive an annual grant amount of
not less than $1,500,000.
(c) Reallocation
If a State chooses not to apply for a grant
under this section, the Secretary shall reallocate such grant amount to other States in accordance with the formula described in section
6363(a)(4)(B) of this title.
(d) Application
A State desiring to receive a grant under this
section shall submit an application to the Secretary at such time and in such manner as the
Secretary shall require. The application shall
include a description of—
(1) in the case of a State that is receiving a
grant under this section for the first time—
(A) the audit the State will carry out
under subsection (e)(1); and
(B) the stakeholder feedback the State will
seek in designing such audit;
(2) in the case of a State that is not receiving a grant under this section for the first
time, the plan described in subsection
(e)(3)(D); and
(3) how the State will award subgrants to
local educational agencies under subsection
(f).

Page 1402

(e) Audits of State assessment systems and local
assessments
(1) Audit requirements
Not later than 1 year after the date a State
receives an initial grant under this section,
the State shall—
(A) conduct a State assessment system
audit as described in paragraph (3);
(B) ensure that each local educational
agency receiving funds under this section—
(i) conducts an audit of local assessments administered by the local educational agency as described in paragraph
(4); and
(ii) submits the results of such audit to
the State; and
(C) report the results of each State and
local educational agency audit conducted
under subparagraphs (A) and (B), in a format
that is widely accessible and publicly available.
(2) Resources for local educational agencies
In carrying out paragraph (1)(B), each State
shall provide local educational agencies with
resources, such as guidelines and protocols, to
assist in conducting and reporting audit results.
(3) State assessment system description
Each State assessment system audit conducted under paragraph (1)(A) shall include—
(A) the schedule for the administration of
all State assessments;
(B) for each State assessment—
(i) the purpose for which the assessment
was designed and the purpose for which the
assessment is used; and
(ii) the legal authority for the administration of the assessment;
(C) feedback on such system from stakeholders, which shall include information
such as—
(i) how teachers, principals, other school
leaders, and administrators use assessment
data to improve and differentiate instruction;
(ii) the timing of release of assessment
data;
(iii) the extent to which assessment data
is presented in an accessible and understandable format for all stakeholders;
(iv) the opportunities, resources, and
training teachers, principals, other school
leaders, and administrators are given to
review assessment results and make effective use of assessment data;
(v) the distribution of technological resources and personnel necessary to administer assessments;
(vi) the amount of time teachers spend
on assessment preparation and administration;
(vii) the assessments that administrators, teachers, principals, other school
leaders, parents, and students, if appropriate, do and do not find useful; and
(viii) other information as appropriate;
and
(D) a plan, based on the information gathered as a result of the activities described in

Page 1403

TITLE 20—EDUCATION

subparagraphs (A), (B), and (C), to improve
and streamline the State assessment system, including activities such as—
(i) eliminating any unnecessary assessments, which may include paying the cost
associated with terminating procurement
contracts;
(ii) supporting the dissemination of best
practices from local educational agencies
or other States that have successfully improved assessment quality and efficiency
to improve teaching and learning; and
(iii) supporting local educational agencies or consortia of local educational agencies to carry out efforts to streamline
local assessment systems and implement a
regular process of review and evaluation of
assessment use in local educational agencies.
(4) Local assessment description
An audit of local assessments conducted in
accordance with paragraph (1)(B)(i) shall include the same information described in paragraph (3) that is required of a State audit, except that such information shall be included
as applicable to the local educational agency
and the local assessments.
(f) Subgrants to local educational agencies
(1) In general
Each State shall reserve not less than 20 percent of the grant funds awarded to the State
under this section to make subgrants to local
educational agencies in the State or consortia
of such local educational agencies, based on
demonstrated need in the agency’s or consortium’s application, to enable such agencies or
consortia to improve assessment quality and
use, and alignment, including, if applicable,
alignment to the challenging State academic
standards.
(2) Local educational agency application
Each local educational agency, or consortium of local educational agencies, seeking a
subgrant under this subsection shall submit an
application to the State at such time, in such
manner, and containing such other information as determined necessary by the State.
The application shall include a description of
the agency’s or consortium’s needs relating to
the improvement of assessment quality, use,
and alignment.
(3) Use of funds
A subgrant awarded under this subsection to
a local educational agency or consortium of
such agencies may be used to—
(A) conduct an audit of local assessments
under subsection (e)(1)(B)(i);
(B) carry out the plan described in subsection (e)(3)(D) as it pertains to such agency or consortium;
(C) improve assessment delivery systems
and schedules, including by increasing access to technology and assessment proctors,
where appropriate;
(D) hire instructional coaches, or promote
teachers who may receive increased compensation to serve as instructional coaches,
to support teachers in the development of

§ 6363

classroom-based assessments, interpreting
assessment data, and designing instruction;
(E) provide for appropriate accommodations to maximize inclusion of children with
disabilities and English learners participating in assessments; and
(F) improve the capacity of teachers, principals, and other school leaders to disseminate assessment data in an accessible and
understandable format for parents and families, including for children with disabilities
and English learners.
(g) Definitions
In this section:
(1) Local assessment
The term ‘‘local assessment’’ means an academic assessment selected and carried out by
a local educational agency that is separate
from an assessment required under section
6311(b)(2) of this title.
(2) State
The term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 89–10, title I, § 1202, as added Pub. L.
114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1881.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6362, Pub. L. 89–10, title I, § 1202, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat.
1535; amended Pub. L. 108–7, div. G, title III, § 305, Feb.
20, 2003, 117 Stat. 333, authorized formula grants to
State educational agencies, prior to the general amendment of this part by Pub. L. 114–95.
Another prior section 6362, Pub. L. 89–10, title I, § 1202,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3578; amended Pub. L. 105–220, title II,
§ 251(b)(2)(A), Aug. 7, 1998, 112 Stat. 1079; Pub. L. 105–277,
div. A, § 101(f) [title VIII, §§ 201, 202], Oct. 21, 1998, 112
Stat. 2681–337, 2681–407, 2681–408; Pub. L. 106–554, § 1(a)(4)
[div. B, title XVI, §§ 1604(c)–(e), 1606(b)(1)], Dec. 21, 2000,
114 Stat. 2763, 2763A–329, 2763A–330, 2763A–334, authorized Even Start program, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 1202 of Pub. L. 89–10 was classified to
section 2782 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6363. Allotment of appropriated funds
(a) Amounts equal to or less than trigger amount
From amounts made available for each fiscal
year under subsection 1 6302(b) of this title that
are equal to or less than the amount described
in section 6311(b)(2)(I) of this title, the Secretary
shall—
(1) reserve one-half of 1 percent for the Bureau of Indian Education;
1 So

in original. Probably should be ‘‘section’’.

§ 6364

TITLE 20—EDUCATION

(2) reserve one-half of 1 percent for the outlying areas;
(3) reserve not more than 20 percent to carry
out section 6362 of this title; and
(4) from the remainder, carry out section
6361 of this title by allocating to each State an
amount equal to—
(A) $3,000,000, except for a fiscal year for
which the amounts available are insufficient
to allocate such amount to each State, the
Secretary shall ratably reduce such amount
for each State; and
(B) with respect to any amounts remaining
after the allocation under subparagraph (A),
an amount that bears the same relationship
to such total remaining amounts as the
number of students aged 5 through 17 in the
State (as determined by the Secretary on
the basis of the most recent satisfactory
data) bears to the total number of such students in all States.
(b) Amounts above trigger amount
For any fiscal year for which the amount
made available for a fiscal year under subsection 1 6302(b) of this title exceeds the amount
described in section 6311(b)(2)(I) of this title, the
Secretary shall make such excess amount available as follows:
(1) Competitive grants
(A) In general
The Secretary shall first use such funds to
award grants, on a competitive basis, to
State educational agencies or consortia of
State educational agencies that have submitted applications described in subparagraph (B) to enable such States to carry out
the activities described in subparagraphs
(C), (H), (I), (J), (K), and (L) of section
6361(a)(2) of this title.
(B) Applications
A State, or a consortium of States, that
desires a competitive grant under subparagraph (A) shall submit an application to the
Secretary at such time and in such manner
as the Secretary may reasonably require.
The application shall demonstrate that the
requirements of this section will be met for
the uses of funds described under subparagraph (A).
(C) Amount of competitive grants
In determining the amount of a grant
under subparagraph (A), the Secretary shall
ensure that a State or consortium’s grant,
as the case may be, shall include an amount
that bears the same relationship to the total
funds available to carry out this subsection
for the fiscal year as the number of students
aged 5 through 17 in the State, or, in the
case of a consortium, in each State that
comprises the consortium, (as determined by
the Secretary on the basis of the most recent satisfactory data) bears to the total
number of such students in all States.
(2) Allotments
Any amounts remaining after the Secretary
awards funds under paragraph (1) shall be allotted to each State, or consortium of States,

Page 1404

that did not receive a grant under such paragraph, in an amount that bears the same relationship to the remaining amounts as the
number of students aged 5 through 17 in the
State, or, in the case of a consortium, in the
States of the consortium, (as determined by
the Secretary on the basis of the most recent
satisfactory data) bears to the total number of
such students in all States.
(c) State defined
In this part, the term ‘‘State’’ means each of
the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(d) Prohibition
In making funds available to States under this
part, the Secretary shall comply with the prohibitions described in section 7909 of this title.
(Pub. L. 89–10, title I, § 1203, as added Pub. L.
114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1884.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6363, Pub. L. 89–10, title I, § 1203, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat.
1543; amended Pub. L. 110–154, § 1(c)(3), Dec. 21, 2007, 121
Stat. 1828; Pub. L. 113–128, title V, § 512(i)(1), July 22,
2014, 128 Stat. 1708, related to applications for State formula grants, prior to the general amendment of this
part by Pub. L. 114–95.
Another prior section 6363, Pub. L. 89–10, title I, § 1203,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3579; amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 204(b)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–409;
Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1604(f), (g)],
Dec. 21, 2000, 114 Stat. 2763, 2763A–330, related to State
Even Start programs, prior to the general amendment
of this subchapter by Pub. L. 107–110.
A prior section 1203 of Pub. L. 89–10 was classified to
section 2783 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6364. Innovative assessment and accountability
demonstration authority
(a) Innovative assessment system defined
The term ‘‘innovative assessment system’’
means a system of assessments that may include—
(1)
competency-based
assessments,
instructionally embedded assessments, interim assessments, cumulative year-end assessments, or performance-based assessments
that combine into an annual summative determination for a student, which may be administered through computer adaptive assessments;
and
(2) assessments that validate when students
are ready to demonstrate mastery or proficiency and allow for differentiated student
support based on individual learning needs.
(b) Demonstration authority
(1) In general
The Secretary may provide a State educational agency, or a consortium of State edu-

Page 1405

TITLE 20—EDUCATION

cational agencies, in accordance with paragraph (3), with the authority to establish an
innovative assessment system (referred to in
this section as ‘‘demonstration authority’’).
(2) Demonstration period
In accordance with the requirements described in subsection (e), each State educational agency, or consortium of State educational agencies, that submits an application
under this section shall propose in its application the period of time over which the State
educational agency or consortium desires to
exercise the demonstration authority, except
that such period shall not exceed 5 years.
(3) Initial demonstration authority and expansion
During the first 3 years that the Secretary
provides State educational agencies and consortia with demonstration authority (referred
to in this section as the ‘‘initial demonstration period’’) the Secretary shall provide such
demonstration authority to—
(A) a total number of not more than 7 participating State educational agencies, including those participating in consortia,
that have applications approved under subsection (e); and
(B) consortia that include not more than 4
State educational agencies.
(c) Progress report
(1) In general
Not later than 180 days after the end of the
initial demonstration period, and prior to providing additional State educational agencies
with demonstration authority, the Director of
the Institute of Education Sciences, in consultation with the Secretary, shall publish a
report detailing the initial progress of innovative assessment systems carried out through
demonstration authority under this section.
(2) Criteria
The progress report under paragraph (1)
shall be based on the annual information submitted by participating States described in
subsection (e)(2)(B)(ix) and examine the extent
to which—
(A) with respect to each innovative assessment system—
(i) the State educational agency has solicited feedback from teachers, principals,
other school leaders, and parents about
their satisfaction with the innovative assessment system;
(ii) teachers, principals, and other school
leaders have demonstrated a commitment
and capacity to implement or continue to
implement the innovative assessment system; and
(iii) substantial evidence exists demonstrating that the innovative assessment
system has been developed in accordance
with the requirements of subsection (e);
and
(B) each State with demonstration authority has demonstrated that—
(i) the same innovative assessment system was used to measure the achievement
of all students that participated in the innovative assessment system; and

§ 6364

(ii) of the total number of all students,
and the total number of each of the subgroups of students defined in section
6311(c)(2) of this title, eligible to participate in the innovative assessment system
in a given year, the State assessed in that
year an equal or greater percentage of
such eligible students, as measured under
section 6311(c)(4)(E) of this title, as were
assessed in the State in such year using
the assessment system under section
6311(b)(2) of this title.
(3) Use of report
Upon completion of the progress report, the
Secretary shall provide a response to the findings of the progress report, including a description of how the findings of the report will
be used—
(A) to support State educational agencies
with demonstration authority through technical assistance; and
(B) to inform the peer-review process described in subsection (f) for advising the Secretary on the awarding of the demonstration
authority to the additional State educational agencies described in subsection (d).
(4) Publicly available
The Secretary shall make the progress report under this subsection and the response
described in paragraph (3) publicly available
on the website of the Department.
(5) Prohibition
The Secretary shall not require States that
have demonstration authority to submit any
information for the purposes of the progress
report that is in addition to the information
the State is already required to provide under
subsection (e)(2)(B)(x).
(d) Expansion of the demonstration authority
Upon completion and publication of the report
described in subsection (c), the Secretary may
grant demonstration authority to additional
State educational agencies or consortia that
submit an application under subsection (e). Such
State educational agencies or consortia of State
educational agencies shall be subject to all of
the same terms, conditions, and requirements of
this section.
(e) Application
(1) In general
A State educational agency, or consortium
of State educational agencies, that desires to
participate in the program of demonstration
authority under this section shall submit an
application to the Secretary at such time and
in such manner as the Secretary may reasonably require.
(2) Contents
Such application shall include a description
of the innovative assessment system, the experience the applicant has in implementing any
components of the innovative assessment system, and the timeline over which the State or
consortium proposes to exercise the demonstration authority. In addition, the application shall include each of the following:
(A) A demonstration that the innovative
assessment system will—

§ 6364

TITLE 20—EDUCATION
(i) meet all the requirements of section
6311(b)(2)(B) of this title, except the requirements of clauses (i) and (v) of such
section;
(ii) be aligned to the challenging State
academic standards and address the depth
and breadth of such standards;
(iii) express student results or student
competencies in terms consistent with the
State’s aligned academic achievement
standards under section 6311(b)(1) of this
title;
(iv) generate results that are valid and
reliable, and comparable, for all students
and for each subgroup of students described in section 6311(b)(2)(B)(xi) of this
title, as compared to the results for such
students on the State assessments under
section 6311(b)(2) of this title;
(v) be developed in collaboration with—
(I) stakeholders representing the interests of children with disabilities, English
learners, and other vulnerable children;
(II) teachers, principals, and other
school leaders;
(III) local educational agencies;
(IV) parents; and
(V) civil rights organizations in the
State;
(vi) be accessible to all students, such as
by incorporating the principles of universal design for learning;
(vii) provide teachers, principals, other
school leaders, students, and parents with
timely data, disaggregated by each subgroup of students described in section
6311(b)(2)(B)(xi) of this title, to inform and
improve instructional practice and student
supports;
(viii) identify which students are not
making progress toward the challenging
State academic standards so that teachers
can provide instructional support and targeted interventions to all students;
(ix) annually measure the progress of not
less than the same percentage of all students and students in each of the subgroups of students, as defined in section
6311(c)(2) of this title, who are enrolled in
schools that are participating in the innovative assessment system and are required
to take such assessments, as measured
under section 6311(c)(4)(E) of this title, as
were assessed by schools administering the
assessment under section 6311(b)(2) of this
title;
(x) generate an annual, summative
achievement determination, based on the
aligned State academic achievement
standards under section 6311(b)(1) of this
title and based on annual data, for each individual student; and
(xi) allow the State educational agency
to validly and reliably aggregate data
from the innovative assessment system for
purposes of—
(I) accountability, consistent with the
requirements of section 6311(c) of this
title; and
(II) reporting, consistent with the requirements of section 6311(h) of this
title.

Page 1406

(B) A description of how the State educational agency will—
(i) continue use of the statewide academic assessments required under section
6311(b)(2) of this title if such assessments
will be used for accountability purposes
for the duration of the demonstration authority period;
(ii) identify the distinct purposes for
each assessment that is part of the innovative assessment system;
(iii) provide support and training to local
educational agency and school staff to implement the innovative assessment system
described in this subsection;
(iv) inform parents of students in participating local educational agencies about
the innovative assessment system at the
beginning of each school year during
which the innovative assessment system
will be implemented;
(v) engage and support teachers in developing and scoring assessments that are
part of the innovative assessment system,
including through the use of high-quality
professional development, standardized
and calibrated scoring rubrics, and other
strategies, consistent with relevant nationally recognized professional and technical standards, to ensure inter-rater reliability and comparability;
(vi) acclimate students to the innovative
assessment system;
(vii) ensure that students with the most
significant cognitive disabilities may be
assessed with alternate assessments consistent with section 6311(b)(2)(D) of this
title;
(viii) if the State is proposing to administer the innovative assessment system
initially in a subset of local educational
agencies, scale up the innovative assessment system to administer such system
statewide, or with additional local educational agencies, in the State’s proposed
demonstration authority period;
(ix) gather data, solicit regular feedback
from teachers, principals, other school
leaders, and parents, and assess the results
of each year of the program of demonstration authority under this section, and respond by making needed changes to the innovative assessment system; and
(x) report data from the innovative assessment system annually to the Secretary, including—
(I) demographics of participating local
educational agencies, if such system is
not statewide, and additional local educational agencies if added to the system
during the course of the State’s demonstration authority period or 2-year extension, except that such data shall not
reveal any personally identifiable information, including a description of how
the inclusion of additional local educational agencies contributes to progress
toward achieving high-quality and consistent implementation across demographically diverse local educational
agencies throughout the demonstration
authority period;

Page 1407

TITLE 20—EDUCATION

(II) the performance of all participating students, and for each subgroup of
students defined in section 6311(c)(2) of
this title, on the innovative assessment,
consistent with the requirements in section 6311(h) of this title, except that such
data shall not reveal any personally
identifiable information;
(III) feedback from teachers, principals, other school leaders, and parents
about their satisfaction with the innovative assessment system; and
(IV) if such system is not statewide, a
description of the State’s progress in
scaling up the innovative assessment
system to additional local educational
agencies during the State’s demonstration authority period, as described in
clause (viii).
(C) A description of the State educational
agency’s plan to—
(i) ensure that all students and each of
the subgroups of students defined in section 6311(c)(2) of this title participating in
the innovative assessment system receive
the instructional support needed to meet
State aligned academic achievement
standards;
(ii) ensure that each local educational
agency has the technological infrastructure to implement the innovative assessment system; and
(iii) hold all schools in the local educational agencies participating in the program of demonstration authority accountable for meeting the State’s expectations
for student achievement.
(D) If the innovative assessment system
will initially be administered in a subset of
local educational agencies—
(i) a description of the local educational
agencies within the State educational
agency that will participate, including
what criteria the State has for approving
any additional local educational agencies
to participate during the demonstration
authority period;
(ii) assurances from such local educational agencies that such agencies will
comply with the requirements of this subsection;
(iii) a description of how the State will—
(I) ensure that the inclusion of additional local educational agencies contributes to progress toward achieving
high-quality and consistent implementation across demographically diverse
local educational agencies during the
demonstration authority period; and
(II) ensure that the participating local
educational agencies, as a group, will be
demographically similar to the State as
a whole by the end of the State’s demonstration authority period; and
(iv) a description of the State educational agency’s plan to hold all students
and each of the subgroups of students, as
defined in section 6311(c)(2) of this title, to
the same high standard as other students
in the State.

§ 6364

(f) Peer review
The Secretary shall—
(1) implement a peer-review process to inform—
(A) the awarding of demonstration authority under this section and the approval to
operate an innovative assessment system for
the purposes of subsections (b)(2) and (c) of
section 6311 of this title, as described in subsection (h); and
(B) determinations about whether an innovative assessment system—
(i) is comparable to the State assessments under section 6311(b)(2)(B)(v) of this
title, valid, reliable, of high technical
quality, and consistent with relevant, nationally recognized professional and technical standards; and
(ii) provides an unbiased, rational, and
consistent determination of progress toward the goals described under section
6311(c)(4)(A)(i) of this title for all students;
(2) ensure that the peer-review team consists
of practitioners and experts who are knowledgeable about the innovative assessment system being proposed for all participating students, including—
(A) individuals with past experience developing systems of assessment innovation that
support all students, including English
learners, children with disabilities, and disadvantaged students; and
(B) individuals with experience implementing innovative assessment and accountability systems;
(3) make publicly available the applications
submitted under subsection (c) 1 and the peerreview comments and recommendations regarding such applications;
(4) make a determination and inform the
State regarding approval or disapproval of the
application under subsection (c) 1 not later
than 90 days after receipt of the complete application;
(5) if the Secretary disapproves an application under paragraph (4), offer the State an opportunity to—
(A) revise and resubmit such application
within 60 days of the disapproval determination; and
(B) submit additional evidence that the
State’s application meets the requirements
of subsection (c); 1 and
(6) make a determination regarding application approval or disapproval of a resubmitted
application under paragraph (5) not later than
45 days after receipt of the resubmitted application.
(g) Extension
The Secretary may extend an authorization of
demonstration authority under this section for
an additional 2 years if the State educational
agency demonstrates with evidence that the
State educational agency’s innovative assessment system is continuing to meet the requirements of subsection (c), including by demonstrating a plan for, and the capacity to, tran1 So

in original. Probably should refer to subsection (e).

§ 6364

TITLE 20—EDUCATION

sition to statewide use of the innovative assessment system by the end of the 2-year extension
period.
(h) Use of innovative assessment system
A State may, during the State’s approved
demonstration authority period or 2-year extension, include results from the innovative assessment systems developed under this section in
accountability determinations for each student
in the participating local educational agencies
instead of, or in addition to, results from the assessment system under section 6311(b)(2) of this
title if the State demonstrates that the State
has met the requirements under subsection (c).
The State shall continue to meet all other requirements of section 6311(c) of this title.
(i) Withdrawal of authority
The Secretary shall withdraw the authorization for demonstration authority provided to a
State educational agency under this section and
such State shall return to use of the statewide
assessment system under section 6311(b)(2) of
this title for all local educational agencies in
the State if, at any time during a State’s approved demonstration authority period or 2-year
extension, the State educational agency cannot
present to the Secretary evidence that the innovative assessment system developed under this
section—
(1) meets the requirements under subsection
(c);
(2) includes all students attending schools
participating in the innovative assessment
system in a State that has demonstration authority, including each of the subgroups of
students, as defined under section 6311(c)(2) of
this title;
(3) provides an unbiased, rational, and consistent determination of progress toward the
goals described under section 6311(c)(4)(A)(i) of
this title for all students, which are comparable to measures of academic achievement
under section 6311(c)(4)(B)(i) of this title
across the State in which the local educational agencies are located;
(4) presents a high-quality plan to transition
to full statewide use of the innovative assessment system by the end of the State’s approved demonstration authority period or 2year extension, if the innovative assessment
system will initially be administered in a subset of local educational agencies; and
(5) demonstrates comparability to the statewide assessments under section 6311(b)(2) of
this title in content coverage, difficulty, and
quality.
(j) Transition
(1) In general
(A) Operation of innovative assessment system
If, after a State’s approved demonstration
authority period or 2-year extension, the
State educational agency has met all the requirements of this section, including having
scaled the innovative assessment system up
to statewide use, and demonstrated that
such system is of high quality, as described
in subparagraph (B), the State shall be per-

Page 1408

mitted to operate the innovative assessment
system approved under the program of demonstration authority under this section for
the purposes of subsections (b)(2) and (c) of
section 6311 of this title.
(B) High quality
Such system shall be considered of high
quality if the Secretary, through the peerreview process described in section 6311(a)(4)
of this title, determines that—
(i) the innovative assessment system
meets all of the requirements of this section;
(ii) the State has examined the effects of
the system on other measures of student
success, including indicators in the accountability
system
under
section
6311(c)(4)(B) of this title;
(iii) the innovative assessment system
provides coherent and timely information
about student achievement based on the
challenging State academic standards, including objective measurement of academic achievement, knowledge, and skills
that are valid, reliable, and consistent
with relevant, nationally-recognized professional and technical standards;
(iv) the State has solicited feedback
from teachers, principals, other school
leaders, and parents about their satisfaction with the innovative assessment system; and
(v) the State has demonstrated that the
same innovative assessment system was
used to measure—
(I) the achievement of all students that
participated in such innovative assessment system; and
(II) not less than the percentage of
such students overall and in each of the
subgroups of students, as defined in section 6311(c)(2) of this title, as measured
under section 6311(c)(4)(E) of this title,
as were assessed under the assessment
required by section 6311(b)(2) of this
title.
(2) Baseline
For the purposes of the evaluation described
in paragraph (1), the baseline year shall be
considered the first year that each local educational agency in the State used the innovative assessment system.
(3) Waiver authority
A State may request, and the Secretary
shall review such request and may grant, a
delay of the withdrawal of authority under
subsection (i) for the purpose of providing the
State with the time necessary to implement
the innovative assessment system statewide,
if, at the conclusion of the State’s approved
demonstration authority period and 2-year extension—
(A) the State has met all of the requirements of this section, except transition to
full statewide use of the innovative assessment system; and
(B) the State continues to comply with the
other requirements of this section, and demonstrates a high-quality plan for transition

Page 1409

TITLE 20—EDUCATION

to statewide use of the innovative assessment system in a reasonable period of time.
(k) Available funds
A State may use funds available under section
6361 of this title to carry out this section.
(l) Consortium
A consortium of States may apply to participate in the program of demonstration authority
under this section, and the Secretary may provide each State member of such consortium
with such authority if each such State member
meets all of the requirements of this section.
Such consortium shall be subject to the limitation described in subsection (b)(3)(B) during the
initial 3 years of the demonstration authority.
(m) Dissemination of best practices
(1) In general
Following the publication of the progress report described in subsection (c), the Director
of the Institute of Education Sciences, in consultation with the Secretary, shall collect and
disseminate the best practices on the development and implementation of innovative assessment systems that meet the requirements
of this section, including best practices regarding the development of—
(A) summative assessments that—
(i) meet the requirements of section
6311(b)(2)(B) of this title;
(ii) are comparable with statewide assessments under section 6311(b)(2) of this
title; and
(iii) include assessment tasks that determine proficiency or mastery of State-approved competencies aligned to challenging State academic standards;
(B) effective supports for local educational
agencies and school staff to implement innovative assessment systems;
(C) effective engagement and support of
teachers in developing and scoring assessments and the use of high-quality professional development;
(D) effective supports for all students, particularly each of the subgroups of students,
as defined in section 6311(c)(2) of this title,
participating in the innovative assessment
system; and
(E) standardized and calibrated scoring rubrics, and other strategies, to ensure interrater reliability and comparability of determinations of mastery or proficiency across
local educational agencies and the State.
(2) Publication
The Secretary shall make the information
described in paragraph (1) available on the
website of the Department and shall publish
an update to the information not less often
than once every 3 years.
(Pub. L. 89–10, title I, § 1204, as added Pub. L.
114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1885.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6364, Pub. L. 89–10, title I, § 1204, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat.

§ 6364

1546, related to award of targeted assistance grants,
prior to the general amendment of this part by Pub. L.
114–95.
Another prior section 6364, Pub. L. 89–10, title I, § 1204,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3580; amended Pub. L. 104–134, title I, § 101(b) [title
II, § 2755(a)], Apr. 26, 1996, 110 Stat. 1321–77, 1321–151; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110
Stat. 1327; Pub. L. 106–113, div. B, § 1000(a)(4) [title III,
§ 306(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A–260; Pub. L.
106–554, § 1(a)(4) [div. B, title XVI, § 1604(h)], Dec. 21,
2000, 114 Stat. 2763, 2763A–330, related to uses of funds in
carrying out an Even Start program, prior to the general amendment of this subchapter by Pub. L. 107–110.
Prior sections 6365 to 6368 were omitted in the general
amendment of this part by Pub. L. 114–95.
Section 6365, Pub. L. 89–10, title I, § 1205, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1548,
related to external evaluation of former subpart 1 of
this part.
Another prior section 6365, Pub. L. 89–10, title I, § 1205,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3580; amended Pub. L. 104–134, title I, § 101(b) [title
II, § 2755(b)], Apr. 26, 1996, 110 Stat. 1321–77, 1321–151; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110
Stat. 1327; Pub. L. 105–220, title II, § 251(b)(2)(B), Aug. 7,
1998, 112 Stat. 1079; Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 405(d)(18)(A), (f)(13)(A)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–422, 2681–431; Pub. L. 106–554, § 1(a)(4) [div.
B, title XVI, § 1604(i)], Dec. 21, 2000, 114 Stat. 2763,
2763A–331, related to Even Start program elements,
prior to the general amendment of this subchapter by
Pub. L. 107–110.
Section 6366, Pub. L. 89–10, title I, § 1206, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1548,
related to activities of Secretary of Education.
Another prior section 6366, Pub. L. 89–10, title I, § 1206,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3581; amended Pub. L. 105–220, title II,
§ 251(b)(2)(C), Aug. 7, 1998, 112 Stat. 1079; Pub. L. 106–554,
§ 1(a)(4) [div. B, title XVI, § 1604(j)], Dec. 21, 2000, 114
Stat. 2763, 2763A–332, related to eligible participants in
an Even Start program, prior to the general amendment of this subchapter by Pub. L. 107–110.
Section 6367, Pub. L. 89–10, title I, § 1207, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1549;
amended Pub. L. 110–154, § 1(c)(3), Dec. 21, 2007, 121 Stat.
1828, related to dissemination of information.
Another prior section 6367, Pub. L. 89–10, title I, § 1207,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3582; amended Pub. L. 106–554, § 1(a)(4) [div. B,
title XVI, § 1604(k)], Dec. 21, 2000, 114 Stat. 2763,
2763A–332, related to applications for Even Start subgrants, prior to the general amendment of this subchapter by Pub. L. 107–110.
Section 6368, Pub. L. 89–10, title I, § 1208, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1549,
defined terms in former subpart 1 of this part.
Another prior section 6368, Pub. L. 89–10, title I, § 1208,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3583; amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 204(c)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–409;
Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 306(b)],
Nov. 29, 1999, 113 Stat. 1535, 1501A–260; Pub. L. 106–554,
§ 1(a)(4) [div. B, title XVI, § 1604(l)], Dec. 21, 2000, 114
Stat. 2763, 2763A–332, related to award of Even Start
subgrants, prior to the general amendment of this subchapter by Pub. L. 107–110.
Prior sections 6369, 6369a, 6369b, and 6370 were omitted
in the general amendment of this subchapter by Pub. L.
107–110.
Section 6369, Pub. L. 89–10, title I, § 1209, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3584;
amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 203],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–408, related to evaluation of Even Start programs.
Section 6369a, Pub. L. 89–10, title I, § 1210, as added
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 204(a)(2)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–409, related to indicators of Even Start program quality.

§ 6391

TITLE 20—EDUCATION

Section 6369b, Pub. L. 89–10, title I, § 1211, as added
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 205], Oct. 21,
1998, 112 Stat. 2681–337, 2681–410; amended Pub. L.
106–554, § 1(a)(4) [div. B, title XVI, § 1604(m)], Dec. 21,
2000, 114 Stat. 2763, 2763A–333, authorized research.
Section 6370, Pub. L. 89–10, title I, § 1212, formerly
§ 1210, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3584; renumbered § 1212, Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 204(a)(1)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–409, related to construction of provisions.
Prior sections 6371 to 6376, 6381 to 6381k, and 6383 were
omitted in the general amendment of this part by Pub.
L. 114–95.
Section 6371, Pub. L. 89–10, title I, § 1221, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1552,
set forth purposes and definitions for former subpart 2
of this part.
Section 6372, Pub. L. 89–10, title I, § 1222, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1553,
authorized local Early Reading First grants.
Section 6373, Pub. L. 89–10, title I, § 1223, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1554,
related to Federal administration of activities.
Section 6374, Pub. L. 89–10, title I, § 1224, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1554,
related to dissemination of information regarding assisted projects.
Section 6375, Pub. L. 89–10, title I, § 1225, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1554,
related to annual reporting requirements.
Section 6376, Pub. L. 89–10, title I, § 1226, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1555,
related to evaluation of effectiveness of former subpart
2 of this part.
Section 6381, Pub. L. 89–10, title I, § 1231, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1555,
stated purpose of former subpart 3 of this part.
Section 6381a, Pub. L. 89–10, title I, § 1232, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1556,
authorized reservation of funds for migrant programs,
outlying areas, and Indian tribes.
Section 6381b, Pub. L. 89–10, title I, § 1233, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1558,
related to use of funds for State educational agency
level activities and local programs.
Section 6381c, Pub. L. 89–10, title I, § 1234, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1559,
related to use of funds by recipients of funds.
Section 6381d, Pub. L. 89–10, title I, § 1235, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1560;
amended Pub. L. 113–128, title V, § 512(i)(2), July 22, 2014,
128 Stat. 1708, set forth elements of each program assisted.
Section 6381e, Pub. L. 89–10, title I, § 1236, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1562,
related to eligibility for participation in an Even Start
program.
Section 6381f, Pub. L. 89–10, title I, § 1237, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1563,
related to application for subgrant under former subpart 3 of this part.
Section 6381g, Pub. L. 89–10, title I, § 1238, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1564,
related to award of subgrants.
Section 6381h, Pub. L. 89–10, title I, § 1239, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1566,
related to evaluation of programs.
Section 6381i, Pub. L. 89–10, title I, § 1240, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1566,
related to development of indicators of program quality.
Section 6381j, Pub. L. 89–10, title I, § 1241, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1566,
related to research into components of successful family literacy services.
Section 6381k, Pub. L. 89–10, title I, § 1242, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1567,
related to construction of provisions.
Section 6383, Pub. L. 89–10, title I, § 1251, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1567,

Page 1410

related to improvement of literacy through school libraries.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

PART C—EDUCATION OF MIGRATORY CHILDREN
§ 6391. Program purposes
The purposes of this part are as follows:
(1) To assist States in supporting high-quality and comprehensive educational programs
and services during the school year and, as applicable, during summer or intersession periods, that address the unique educational needs
of migratory children.
(2) To ensure that migratory children who
move among the States are not penalized in
any manner by disparities among the States in
curriculum, graduation requirements, and
challenging State academic standards.
(3) To ensure that migratory children receive full and appropriate opportunities to
meet the same challenging State academic
standards that all children are expected to
meet.
(4) To help migratory children overcome
educational disruption, cultural and language
barriers, social isolation, various health-related problems, and other factors that inhibit
the ability of such children to succeed in
school.
(5) To help migratory children benefit from
State and local systemic reforms.
(Pub. L. 89–10, title I, § 1301, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1571;
amended Pub. L. 114–95, title I, § 1301(a), Dec. 10,
2015, 129 Stat. 1893.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6391, Pub. L. 89–10, title I, § 1301, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3585, related to program purpose, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section related to purposes of this part
to assist States: (1) to support high-quality and comprehensive educational programs for migratory children; (2) to ensure that migratory children who move
among the States are not penalized in any manner by
disparities among the States; (3) to ensure that migratory children are provided with appropriate educational services; (4) to ensure that migratory children
receive full and appropriate opportunities to meet challenging State standards; (5) to design programs to help
migratory children overcome educational disruption
and other factors that inhibit their ability to do well in
school; and (6) to ensure that migratory children benefit from State and local systemic reforms.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-

Page 1411

TITLE 20—EDUCATION

grams and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6392. Program authorized
In order to carry out the purpose of this part,
the Secretary shall make grants to State educational agencies, or combinations of such agencies, to establish or improve, directly or through
local operating agencies, programs of education
for migratory children in accordance with this
part.
(Pub. L. 89–10, title I, § 1302, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1571.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6392, Pub. L. 89–10, title I, § 1302, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3585, authorized migratory children education program,
prior to the general amendment of this subchapter by
Pub. L. 107–110.

§ 6393. State allocations
(a) State allocations
Except as provided in subsection (c), each
State (other than the Commonwealth of Puerto
Rico) is entitled to receive under this part an
amount equal to the product of—
(1) the sum of—
(A) the average number of identified eligible migratory children aged 3 through 21 residing in the State, based on data for the
preceding 3 years; and
(B) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or
intersession programs provided by the State
during the previous year; multiplied by
(2) 40 percent of the average per-pupil expenditure in the State, except that the
amount determined under this paragraph shall
not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure
in the United States.
(b) Hold harmless
Notwithstanding subsection (a), for each of fiscal years 2017 through 2019, no State shall receive less than 90 percent of the State’s allocation under this section for the preceding fiscal
year.
(c) Allocation to Puerto Rico
(1) In general
For each fiscal year, the grant that the Commonwealth of Puerto Rico shall be eligible to
receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection
(a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of—
(A) the percentage that the average perpupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average perpupil expenditure of any of the 50 States,
subject to paragraphs (2) and (3); and
(B) 32 percent of the average per-pupil expenditure in the United States.

§ 6393

(2) Minimum percentage
The percentage described in paragraph (1)(A)
shall not be less than 85 percent.
(3) Limitation
If the application of paragraph (2) for any
fiscal year would result in any of the 50 States
or the District of Columbia receiving less
under this part than it received under this
part for the preceding fiscal year, then the
percentage described in paragraph (1)(A) that
is used for the Commonwealth of Puerto Rico
for the fiscal year for which the determination
is made shall be the greater of the percentage
in paragraph (1)(A) for such fiscal year or the
percentage used for the preceding fiscal year.
(d) Ratable reductions; reallocations
(1) In general
(A) Ratable reductions
If, after the Secretary reserves funds under
section 6398(c) of this title, the amount appropriated to carry out this part for any fiscal year is insufficient to pay in full the
amounts for which all States are eligible,
the Secretary shall ratably reduce each such
amount.
(B) Reallocation
If additional funds become available for
making such payments for any fiscal year,
the Secretary shall allocate such funds to
States in amounts that the Secretary determines will best carry out the purposes of
this part.
(2) Special rule
(A) Further reductions
The Secretary shall further reduce the
amount of any grant to a State under this
part for any fiscal year if the Secretary determines, based on available information on
the numbers and needs of migratory children
in the State and the program proposed by
the State to address such needs, that such
amount exceeds the amount required under
section 6394 of this title.
(B) Reallocation
The Secretary shall reallocate such excess
funds to other States whose grants under
this part would otherwise be insufficient to
provide an appropriate level of services to
migratory children, in such amounts as the
Secretary determines are appropriate.
(e) Consortium arrangements
(1) In general
In the case of a State that receives a grant
of $1,000,000 or less under this section, the Secretary shall consult with the State educational agency to determine whether consortium arrangements with another State or
other appropriate entity would result in delivery of services in a more effective and efficient
manner.
(2) Proposals
Any State, regardless of the amount of such
State’s allocation, may submit a consortium
arrangement to the Secretary for approval.
(3) Approval
The Secretary shall approve a consortium
arrangement under paragraph (1) or (2) if the

TITLE 20—EDUCATION

§ 6394

proposal demonstrates that the arrangement
will—
(A) reduce administrative costs or program function costs for State programs; and
(B) make more funds available for direct
services to add substantially to the academic achievement of children to be served
under this part.
(f) Determining numbers of eligible children
In order to determine the identified number of
migratory children residing in each State for
purposes of this section, the Secretary shall—
(1) use the most recent information that
most accurately reflects the actual number of
migratory children;
(2) develop and implement a procedure for
monitoring the accuracy of such information;
(3) develop and implement a procedure for
more accurately reflecting cost factors for different types of summer and intersession program designs;
(4) adjust the number of migratory children
who reside in each State to take into account—
(A) the unique needs of those children participating in effective special programs provided under this part that operate during the
summer and intersession periods; and
(B) the additional costs of operating such
programs; and
(5) conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children, including the most
at-risk migratory children.
(g) Nonparticipating States
In the case of a State desiring to receive an allocation under this part for a fiscal year that
did not receive an allocation for the previous fiscal year or that has been participating for less
than 3 consecutive years, the Secretary shall
calculate the State’s number of identified migratory children aged 3 through 21 for purposes
of subsection (a)(1)(A) by using the most recent
data available that identifies the migratory
children residing in the State until data is available to calculate the 3-year average number of
such children in accordance with such subsection.
(Pub. L. 89–10, title I, § 1303, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1571;
amended Pub. L. 114–95, title I, § 1301(b), Dec. 10,
2015, 129 Stat. 1894.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6393, Pub. L. 89–10, title I, § 1303, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3585, related to State allocations, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsecs. (a), (b). Pub. L. 114–95, § 1301(b)(2),
added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to State allocations for
fiscal year 2002 and subsequent years and allocation to
Puerto Rico for each fiscal year.
Subsec. (c). Pub. L. 114–95, § 1301(b)(2), added subsec.
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 114–95, § 1301(b)(1), (3), redesignated subsec. (c) as (d), in par. (1) inserted subpar.

Page 1412

headings after subpar. (A) and (B) designations, in par.
(1), subpar. (B), substituted ‘‘purposes’’ for ‘‘purpose’’,
and in par. (2) inserted subpar. headings after subpar.
(A) and (B) designations. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 114–95, § 1301(b)(1), (4), redesignated subsec. (d) as (e) and in par. (3)(B) substituted
‘‘the academic achievement of children’’ for ‘‘the welfare or educational attainment of children’’. Former
subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 114–95, § 1301(b)(1), (5)(A), redesignated subsec. (e) as (f) and in introductory provisions
substituted ‘‘identified number’’ for ‘‘estimated number’’.
Subsec. (f)(1). Pub. L. 114–95, § 1301(b)(5)(B), added par.
(1) and struck out former par. (1) which read as follows:
‘‘use such information as the Secretary finds most accurately reflects the actual number of migratory children;’’.
Subsec. (f)(2), (3). Pub. L. 114–95, § 1301(b)(5)(C), (D),
added par. (2) and redesignated former par. (2) as (3).
Former par. (3) redesignated (4).
Subsec. (f)(4). Pub. L. 114–95, § 1301(b)(5)(C), (E), redesignated par. (3) as (4), in introductory provisions struck
out ‘‘full-time equivalent’’ before ‘‘number’’, and in
subpar. (A) substituted ‘‘unique needs’’ for ‘‘special
needs’’ and ‘‘effective special programs provided under
this part’’ for ‘‘special programs provided under this
part’’. Former par. (4) redesignated (5).
Subsec. (f)(5). Pub. L. 114–95, § 1301(b)(5)(C), (F), redesignated par. (4) as (5) and substituted ‘‘migratory children, including the most at-risk migratory children’’
for ‘‘the child whose education has been interrupted’’.
Subsec. (g). Pub. L. 114–95, § 1301(b)(6), added subsec.
(g).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
MIGRANT EDUCATION PROGRAM
Pub. L. 116–211, § 3, Dec. 4, 2020, 134 Stat. 1018, provided
that: ‘‘Due to the public health emergency relating to
COVID–19 and notwithstanding subsections (a)(1) and
(f)(1) of section 1303 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6393), for the purposes
of making determinations under subsections (a)(1) and
(f) of such section 1303 for fiscal year 2021 and all subsequent fiscal years for which school year 2019–2020 data
would be used in the calculations under section
1303(a)(1) of such Act, the Secretary of Education shall
use school year 2018–2019 data or school year 2019–2020
data, whichever data are greater, wherever school year
2019–2020 data would otherwise be required.’’

§ 6394. 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 unique educational needs of migratory children, including preschool migratory
children and migratory children who have
dropped out of school, are identified and addressed through—

Page 1413

TITLE 20—EDUCATION

(A) the full range of services that are
available for migratory children from appropriate local, State, and Federal educational
programs;
(B) joint planning among local, State, and
Federal educational programs serving migratory children, including language instruction educational programs under part A
of subchapter III;
(C) the integration of services available
under this part with services provided by
those other programs; and
(D) measurable program objectives and
outcomes;
(2) a description of the steps the State is
taking to provide all migratory students with
the opportunity to meet the same challenging
State academic standards that all children are
expected to meet;
(3) a description of how the State will use
funds received under this part to promote
interstate and intrastate coordination of services for migratory children, including how the
State will provide for educational continuity
through the timely transfer of pertinent
school records, including information on
health, when children move from one school to
another, whether or not such move occurs during the regular school year;
(4) a description of the State’s priorities for
the use of funds received under this part, and
how such priorities relate to the State’s assessment of needs for services in the State;
(5) a description of how the State will determine the amount of any subgrants the State
will award to local operating agencies, taking
into account the numbers and needs of migratory children, the requirements of subsection
(d), and the availability of funds from other
Federal, State, and local programs; and
(6) a description of how the State will encourage programs and projects assisted under
this part to offer family literacy services if
the program or project serves a substantial
number of migratory children whose parents
do not have a high school diploma or its recognized equivalent or who have low levels of literacy.
(c) Assurances
Each such application shall also include assurances that—
(1) funds received under this part will be
used only—
(A) for programs and projects, including
the acquisition of equipment, in accordance
with section 6396 of this title; and
(B) to coordinate such programs and
projects with similar programs and projects
within the State and in other States, as well
as with other Federal programs that can
benefit migratory children and their families;
(2) such programs and projects will be carried out in a manner consistent with the objectives of section 6314 of this title, subsections (b) and (d) of section 6315 of this title,
subsections (b) and (c) of section 6321 of this
title, and part F;
(3) in the planning and operation of programs and projects at both the State and local

§ 6394

agency operating level, there is consultation
with parents of migratory children, including
parent advisory councils, for programs not
less than 1 school year in duration, and that
all such programs and projects are carried
out—
(A) in a manner that provides for the same
parental involvement as is required for programs and projects under section 6318 of this
title, unless extraordinary circumstances
make such provision impractical; and
(B) in a format and language understandable to the parents;
(4) in planning and carrying out such programs and projects, there has been, and will
be, adequate provision for addressing the
unmet education needs of preschool migratory
children and migratory children who have
dropped out of school;
(5) the effectiveness of such programs and
projects will be determined, where feasible,
using the same approaches and standards that
will be used to assess the performance of students, schools, and local educational agencies
under part A;
(6) such programs and projects will provide
for outreach activities for migratory children
and their families to inform such children and
families of other education, health, nutrition,
and social services to help connect them to
such services;
(7) to the extent feasible, such programs and
projects will provide for—
(A) advocacy and other outreach activities
for migratory children and their families, including helping such children and families
gain access to other education, health, nutrition, and social services;
(B) professional development programs, including mentoring, for teachers and other
program personnel;
(C) family literacy programs;
(D) the integration of information technology into educational and related programs; and
(E) programs to facilitate the transition of
secondary school students to postsecondary
education or employment; and
(8) the State will assist the Secretary in determining the number of migratory children
under section 6393(a)(1) of this title.
(d) Priority for services
In providing services with funds received
under this part, each recipient of such funds
shall give priority to migratory children who
have made a qualifying move within the previous 1-year period and who—
(1) are failing, or most at risk of failing, to
meet the challenging State academic standards; or
(2) have dropped out of school.
(e) Continuation of services
Notwithstanding any other provision of this
part—
(1) a child who ceases to be a migratory
child during a school term shall be eligible for
services until the end of such term;
(2) a child who is no longer a migratory child
may continue to receive services for 1 addi-

TITLE 20—EDUCATION

§ 6395

tional school year, but only if comparable
services are not available through other programs; and
(3) students who were eligible for services in
secondary school may continue to be served
through credit accrual programs until graduation.
(Pub. L. 89–10, title I, § 1304, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1574;
amended Pub. L. 114–95, title I, § 1301(c), Dec. 10,
2015, 129 Stat. 1896.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6394, Pub. L. 89–10, title I, § 1304, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3587; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI,
§ 1605], Dec. 21, 2000, 114 Stat. 2763, 2763A–334, related to
State applications and services, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (b)(1). Pub. L. 114–95, § 1301(c)(1)(A)(i), in
introductory provisions substituted ‘‘unique educational needs’’ for ‘‘special educational needs’’ and inserted ‘‘and migratory children who have dropped out
of school’’ after ‘‘preschool migratory children’’.
Subsec. (b)(1)(B). Pub. L. 114–95, § 1301(c)(1)(A)(ii), substituted ‘‘migratory children’’ for ‘‘migrant children’’
and ‘‘part A of subchapter III’’ for ‘‘part A or B of subchapter III’’.
Subsec. (b)(1)(D). Pub. L. 114–95, § 1301(c)(1)(A)(iii),
added subpar. (D) and struck out former subpar. (D)
which read as follows: ‘‘measurable program goals and
outcomes;’’.
Subsec. (b)(2). Pub. L. 114–95, § 1301(c)(1)(B), substituted ‘‘challenging State academic standards’’ for
‘‘challenging State academic content standards and
challenging State student academic achievement
standards’’.
Subsec. (b)(3). Pub. L. 114–95, § 1301(c)(1)(C), struck out
‘‘, consistent with procedures the Secretary may require,’’ after ‘‘including how’’.
Subsec. (b)(5). Pub. L. 114–95, § 1301(c)(1)(D), inserted
‘‘and’’ after semicolon at end.
Subsec. (b)(6), (7). Pub. L. 114–95, § 1301(c)(1)(E)–(G), redesignated par. (7) as (6), substituted ‘‘migratory children whose parents do not have a high school diploma’’
for ‘‘migratory children who have parents who do not
have a high school diploma’’, and struck out former
par. (6) which read as follows: ‘‘such budgetary and
other information as the Secretary may require; and’’.
Subsec. (c). Pub. L. 114–95, § 1301(c)(2)(A), struck out
‘‘, satisfactory to the Secretary,’’ after ‘‘assurances’’ in
introductory provisions.
Subsec. (c)(2). Pub. L. 114–95, § 1301(c)(2)(B), made
technical amendment to reference in original act which
appears in text as reference to subsections (b) and (c) of
section 6321 of this title and substituted ‘‘part F’’ for
‘‘part I’’.
Subsec. (c)(3). Pub. L. 114–95, § 1301(c)(2)(C)(i), in introductory provisions substituted ‘‘parents of migratory
children, including parent advisory councils,’’ for ‘‘parent advisory councils’’ and ‘‘not less than 1 school year
in duration’’ for ‘‘of 1 school year in duration’’.
Subsec. (c)(3)(A). Pub. L. 114–95, § 1301(c)(2)(C)(ii),
made technical amendment to reference in original act
which appears in text as reference to section 6318 of
this title.
Subsec. (c)(4). Pub. L. 114–95, § 1301(c)(2)(D), inserted
‘‘and migratory children who have dropped out of
school’’ after ‘‘preschool migratory children’’.
Subsec. (c)(6) to (8). Pub. L. 114–95, § 1301(c)(2)(E)–(G),
added pars. (6) and (7), redesignated former par. (7) as
(8), in par. (8) substituted ‘‘section 6393(a)(1) of this
title’’ for ‘‘paragraphs (1)(A) and (2)(B)(i) of section

Page 1414

6393(a) of this title, through such procedures as the Secretary may require’’, and struck out former par. (6)
which related to assurances that, to the extent feasible,
programs would provide for advocacy and outreach activities, professional development programs, family literacy programs, the integration of information technology into programs, and programs to facilitate the
transition to postsecondary education or employment.
Subsec. (d). Pub. L. 114–95, § 1301(c)(3), added subsec.
(d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘In providing services with
funds received under this part, each recipient of such
funds shall give priority to migratory children who are
failing, or most at risk of failing, to meet the State’s
challenging State academic content standards and
challenging State student academic achievement
standards, and whose education has been interrupted
during the regular school year.’’
Subsec. (e)(3). Pub. L. 114–95, § 1301(c)(4), substituted
‘‘students’’ for ‘‘secondary school students’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6395. Secretarial approval; peer review
The Secretary shall approve each State application that meets the requirements of this part,
and may review any such application with the
assistance and advice of State officials and
other officials with relevant expertise.
(Pub. L. 89–10, title I, § 1305, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1576;
amended Pub. L. 114–95, title I, § 1301(d), Dec. 10,
2015, 129 Stat. 1897.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6395, Pub. L. 89–10, title I, § 1305, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3588, related to Secretarial approval and peer review,
prior to the general amendment of this subchapter by
Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section consisted of subsecs. (a) and (b)
relating to Secretarial approval and peer review, respectively.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6396. Comprehensive needs assessment and
service-delivery 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 unique educational needs of migratory
children in accordance with a comprehensive
State plan that—

Page 1415

TITLE 20—EDUCATION

(A) is integrated with other programs
under this chapter or other Acts, as appropriate;
(B) may be submitted as a part of a consolidated application under section 7842 of
this title, if—
(i) the unique needs of migratory children are specifically addressed in the comprehensive State plan;
(ii) the comprehensive State plan is developed in collaboration with parents of
migratory children; and
(iii) the comprehensive State plan is not
used to supplant State efforts regarding,
or administrative funding for, this part;
(C) provides that migratory children will
have an opportunity to meet the same challenging State academic standards that all
children are expected to meet;
(D) specifies measurable program goals
and outcomes;
(E) encompasses the full range of services
that are available for migratory children
from appropriate local, State, and Federal
educational programs;
(F) is the product of joint planning among
such local, State, and Federal programs, including programs under part A, early childhood programs, and language instruction
educational programs under part A of subchapter III; and
(G) provides for the integration of services
available under this part with services provided by such other programs.
(2) Duration of the plan
Each such comprehensive State plan shall—
(A) remain in effect for the duration of the
State’s participation under this part; and
(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State’s strategies and programs under
this part.
(b) Authorized activities
(1) Flexibility
In implementing the comprehensive plan described in subsection (a), each State educational agency, where applicable through its
local educational agencies, retains the flexibility to determine the activities to be provided with funds made available under this
part, except that such funds first shall be used
to meet the identified needs of migratory children that result from their migratory lifestyle, and to permit these children to participate effectively in school.
(2) Unaddressed needs
Funds provided under this part shall be used
to address the needs of migratory children
that are not addressed by services available
from other Federal or non-Federal programs,
except that migratory children who are eligible to receive services under part A may receive those services through funds provided
under that part, or through funds under this
part that remain after the agency addresses
the needs described in paragraph (1).
(3) Construction
Nothing in this part shall be construed to
prohibit a local educational agency from serv-

§ 6397

ing migratory children simultaneously with
students with similar educational needs in the
same educational settings, where appropriate.
(4) Special rule
Notwithstanding section 6314 of this title, a
school that receives funds under this part
shall continue to address the identified needs
described in paragraph (1), and shall meet the
unique educational needs of migratory children before using funds under this part for
schoolwide programs under section 6314 of this
title.
(Pub. L. 89–10, title I, § 1306, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1576;
amended Pub. L. 114–95, title I, § 1301(e), Dec. 10,
2015, 129 Stat. 1897.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6396, Pub. L. 89–10, title I, § 1306, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3589, related to comprehensive needs assessments and
service-delivery plans, prior to the general amendment
of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a)(1). Pub. L. 114–95, § 1301(e)(1)(A), substituted ‘‘unique’’ for ‘‘special’’ in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 114–95, § 1301(e)(1)(B)(i), made
technical amendment to reference in original act which
appears in introductory provisions as reference to section 7842 of this title.
Subsec. (a)(1)(B)(i). Pub. L. 114–95, § 1301(e)(1)(B)(ii),
substituted ‘‘unique’’ for ‘‘special’’.
Subsec. (a)(1)(C). Pub. L. 114–95, § 1301(e)(1)(C), substituted ‘‘challenging State academic standards’’ for
‘‘challenging State academic content standards and
challenging State student academic achievement
standards’’.
Subsec. (a)(1)(F). Pub. L. 114–95, § 1301(e)(1)(D), substituted ‘‘part A of subchapter III’’ for ‘‘part A or B of
subchapter III’’.
Subsec. (b)(1). Pub. L. 114–95, § 1301(e)(2)(A), substituted ‘‘retains the flexibility to’’ for ‘‘shall have the
flexibility to’’.
Subsec. (b)(4). Pub. L. 114–95, § 1301(e)(2)(B), substituted ‘‘unique educational needs’’ for ‘‘special educational needs’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6397. Bypass
The Secretary may use all or part of any
State’s allocation under this part to make arrangements with any public or private agency to
carry out the purpose of this part in such State
if the Secretary determines that—
(1) the State is unable or unwilling to conduct educational programs for migratory children;
(2) such arrangements would result in more
efficient and economic administration of such
programs; or
(3) such arrangements would add substantially to the educational achievement of such
children.

TITLE 20—EDUCATION

§ 6398

(Pub. L. 89–10, title I, § 1307, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578;
amended Pub. L. 114–95, title I, § 1301(f), Dec. 10,
2015, 129 Stat. 1898.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6397, Pub. L. 89–10, title I, § 1307, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3590, related to bypass of State, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 1301(f)(1), struck out ‘‘nonprofit’’ before ‘‘agency’’ in introductory provisions.
Par. (3). Pub. L. 114–95, § 1301(f)(2), substituted ‘‘educational achievement’’ for ‘‘welfare or educational attainment’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6398. Coordination of migrant education activities
(a) Improvement of coordination
(1) In general
The Secretary, in consultation with the
States, may make grants to, or enter into contracts with, State educational agencies, local
educational agencies, institutions of higher
education, and other public and private entities to improve the interstate and intrastate
coordination among such agencies’ educational programs, including through the establishment or improvement of programs for
credit accrual and exchange, available to migratory children.
(2) Duration
Grants under this subsection may be awarded for not more than 5 years.
(b) Student records
(1) Assistance
The Secretary shall assist States in the electronic transfer of student records and in determining the number of migratory children in
each State.
(2) Information system
(A) In general
The Secretary, in consultation with the
States, shall ensure the linkage of migrant
student record systems for the purpose of
electronically
exchanging,
among
the
States, health and educational information
regarding all migratory students eligible
under this part. The Secretary shall ensure
that such linkage occurs in a cost-effective
manner, utilizing systems used by the States
prior to, or developed after, December 10,
2015. Such information may include—
(i) immunization records and other
health information;
(ii) elementary and secondary academic
history (including partial credit), credit

Page 1416

accrual, and results from State assessments under section 6311(b)(2) of this title;
(iii) other academic information essential to ensuring that migratory children
achieve to the challenging State academic
standards; and
(iv) eligibility for services under the Individuals with Disabilities Education Act
[20 U.S.C. 1400 et seq.].
(B) Consultation
The Secretary shall maintain ongoing consultation with the States, local educational
agencies, and other migratory student service providers on—
(i) the effectiveness of the system described in subparagraph (A); and
(ii) the ongoing improvement of such
system.
(C) Notice and comment
After consulting with the States under
subparagraph (A), the Secretary shall publish a notice in the Federal Register seeking
public comment on any new proposed data
elements that each State receiving funds
under this part shall be required to collect
for purposes of electronic transfer of migratory student information and the requirements that States shall meet for immediate
electronic access to such information.
(3) No cost for certain transfers
A State educational agency or local educational agency receiving assistance under
this part shall make student records available
to another State educational agency or local
educational agency that requests the records
at no cost to the requesting agency, if the request is made in order to meet the needs of a
migratory child.
(c) Availability of funds
For the purpose of carrying out this section in
any fiscal year, the Secretary shall reserve not
more than $10,000,000 of the amount appropriated
to carry out this part for such year.
(d) Incentive grants
From the amounts made available to carry
out this section for any fiscal year, the Secretary may reserve not more than $3,000,000 to
award grants of not more than $250,000 on a competitive basis to State educational agencies that
propose a consortium arrangement with another
State or other appropriate entity that the Secretary determines, pursuant to criteria that the
Secretary shall establish, will improve the delivery of services to migratory children whose
education is interrupted.
(e) Data collection
The Secretary shall direct the National Center
for Education Statistics to collect data on migratory children.
(Pub. L. 89–10, title I, § 1308, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578;
amended Pub. L. 114–95, title I, § 1301(g), Dec. 10,
2015, 129 Stat. 1898.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in subsec. (b)(2)(A)(iv), is title VI of Pub. L.

Page 1417

TITLE 20—EDUCATION

91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is
classified generally to chapter 33 (§ 1400 et seq.) of this
title. For complete classification of this Act to the
Code, see section 1400 of this title and Tables.
PRIOR PROVISIONS
A prior section 6398, Pub. L. 89–10, title I, § 1308, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3590, related to coordination of migrant education activities, prior to the general amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a)(1). Pub. L. 114–95, § 1301(g)(1), struck
out ‘‘nonprofit’’ before ‘‘entities’’, inserted ‘‘through’’
after ‘‘including’’, and substituted ‘‘children’’ for ‘‘students’’.
Subsec. (b)(1). Pub. L. 114–95, § 1301(g)(2)(A), struck
out ‘‘developing effective methods for’’ before ‘‘the
electronic transfer’’.
Subsec. (b)(2)(A). Pub. L. 114–95, § 1301(g)(2)(B)(i)(I),
added introductory provisions and struck out former
introductory provisions which read as follows: ‘‘The
Secretary, in consultation with the States, shall ensure
the linkage of migrant student record systems for the
purpose of electronically exchanging, among the
States, health and educational information regarding
all migratory students. The Secretary shall ensure
such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed
after, January 8, 2002, and shall determine the minimum data elements that each State receiving funds
under this part shall collect and maintain. Such elements may include—’’.
Subsec.
(b)(2)(A)(ii).
Pub.
L.
114–95,
§ 1301(g)(2)(B)(i)(II), substituted ‘‘assessments under section 6311(b)(2)’’ for ‘‘assessments required under section
6311(b)’’.
Subsec.
(b)(2)(A)(iii).
Pub.
L.
114–95,
§ 1301(g)(2)(B)(i)(III), substituted ‘‘the challenging State
academic standards’’ for ‘‘high standards’’.
Subsec.
(b)(2)(B),
(C).
Pub.
L.
114–95,
§ 1301(g)(2)(B)(ii)–(iv), added subpar. (B), redesignated
former subpar. (B) as (C), and in subpar. (C) substituted
‘‘any new proposed data elements’’ for ‘‘the proposed
data elements’’ and struck out at end ‘‘Such publication shall occur not later than 120 days after January
8, 2002.’’
Subsec. (b)(4). Pub. L. 114–95, § 1301(g)(2)(C), struck out
par. (4) which related to report to Congress not later
than Apr. 30, 2003, on the Secretary’s findings and recommendations regarding the maintenance and transfer
of health and educational information for migratory
students by the States.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6399. Definitions
As used in this part:
(1) Local operating agency
The term ‘‘local operating agency’’ means—
(A) a local educational agency to which a
State educational agency makes a subgrant
under this part;
(B) a public or private agency with which
a State educational agency or the Secretary
makes an arrangement to carry out a
project under this part; or
(C) a State educational agency, if the
State educational agency operates the

§ 6399

State’s migrant education program or
projects directly.
(2) Migratory agricultural worker
The term ‘‘migratory agricultural worker’’
means an individual who made a qualifying
move in the preceding 36 months and, after
doing so, engaged in new temporary or seasonal employment or personal subsistence in
agriculture, which may be dairy work or the
initial processing of raw agricultural products.
If an individual did not engage in such new
employment soon after a qualifying move,
such individual may be considered a migratory
agricultural worker if the individual actively
sought such new employment and has a recent
history of moves for temporary or seasonal agricultural employment.
(3) Migratory child
The term ‘‘migratory child’’ means a child
or youth who made a qualifying move in the
preceding 36 months—
(A) as a migratory agricultural worker or
a migratory fisher; or
(B) with, or to join, a parent or spouse who
is a migratory agricultural worker or a migratory fisher.
(4) Migratory fisher
The term ‘‘migratory fisher’’ means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged
in new temporary or seasonal employment or
personal subsistence in fishing. If the individual did not engage in such new employment
soon after the move, the individual may be
considered a migratory fisher if the individual
actively sought such new employment and has
a recent history of moves for temporary or
seasonal fishing employment.
(5) Qualifying move
The term ‘‘qualifying move’’ means a move
due to economic necessity—
(A) from one residence to another residence; and
(B) from one school district to another
school district, except—
(i) in the case of a State that is comprised of a single school district, wherein a
qualifying move is from one administrative area to another within such district;
or
(ii) in the case of a school district of
more than 15,000 square miles, wherein a
qualifying move is a distance of 20 miles or
more to a temporary residence.
(Pub. L. 89–10, title I, § 1309, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1579;
amended Pub. L. 114–95, title I, § 1301(h), Dec. 10,
2015, 129 Stat. 1899.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6399, Pub. L. 89–10, title I, § 1309, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3591, defined terms for this part, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Par. (1)(B). Pub. L. 114–95, § 1301(h)(1), struck out
‘‘nonprofit’’ before ‘‘private agency’’.

TITLE 20—EDUCATION

§ 6421

Pars. (2) to (5). Pub. L. 114–95, § 1301(h)(2), added pars.
(2) to (5) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘The term ‘migratory child’ means a child who is, or whose parent or
spouse is, a migratory agricultural worker, including a
migratory dairy worker, or a migratory fisher, and
who, in the preceding 36 months, in order to obtain, or
accompany such parent or spouse, in order to obtain,
temporary or seasonal employment in agricultural or
fishing work—
‘‘(A) has moved from one school district to another;
‘‘(B) in a State that is comprised of a single school
district, has moved from one administrative area to
another within such district; or
‘‘(C) resides in a school district of more than 15,000
square miles, and migrates a distance of 20 miles or
more to a temporary residence to engage in a fishing
activity.’’
Statutory Notes and Related Subsidiaries

Page 1418

3591, set out findings and purpose and authorized program, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 1401 of Pub. L. 89–10 was classified to
section 2821 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Subsec. (a)(1). Pub. L. 114–95, § 1401(1)(A), inserted ‘‘, tribal,’’ after ‘‘youth in local’’ and substituted ‘‘challenging State academic standards’’ for
‘‘challenging State academic content standards and
challenging State student academic achievement
standards’’.
Subsec. (a)(3). Pub. L. 114–95, § 1401(1)(B), inserted
‘‘and the involvement of their families and communities’’ after ‘‘to ensure their continued education’’.
Statutory Notes and Related Subsidiaries

EFFECTIVE DATE OF 2015 AMENDMENT

EFFECTIVE DATE OF 2015 AMENDMENT

Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE
NEGLECTED, DELINQUENT, OR AT-RISK

§ 6422. Payments for programs under this part

§ 6421. Purpose and program authorization
(a) Purpose
It is the purpose of this part—
(1) to improve educational services for children and youth in local, tribal, and State institutions for neglected or delinquent children
and youth so that such children and youth
have the opportunity to meet the same challenging State academic standards that all
children in the State are expected to meet;
(2) to provide such children and youth with
the services needed to make a successful transition from institutionalization to further
schooling or employment; and
(3) to prevent at-risk youth from dropping
out of school, and to provide dropouts, and
children and youth returning from correctional facilities or institutions for neglected
or delinquent children and youth, with a support system to ensure their continued education and the involvement of their families
and communities.
(b) Program authorized
In order to carry out the purpose of this part
and from amounts appropriated under section
6302(d) of this title, the Secretary shall make
grants to State educational agencies to enable
such agencies to award subgrants to State agencies and local educational agencies to establish
or improve programs of education for neglected,
delinquent, or at-risk children and youth.

(a) Agency subgrants
Based on the allocation amount computed
under section 6432 of this title, the Secretary
shall allocate to each State educational agency
an amount necessary to make subgrants to
State agencies under subpart 1 of this part.
(b) Local subgrants
Each State shall retain, for the purpose of carrying out subpart 2 of this part, funds generated
throughout the State under part A of this subchapter based on children and youth residing in
local correctional facilities, or attending community day programs for delinquent children
and youth.
(Pub. L. 89–10, title I, § 1402, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1580.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6422, Pub. L. 89–10, title I, § 1402, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3592, related to payments for programs, prior to the
general amendment of this subchapter by Pub. L.
107–110.
A prior section 1402 of Pub. L. 89–10 was classified to
section 2822 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
SUBPART 1—STATE AGENCY PROGRAMS

§ 6431. Eligibility

PRIOR PROVISIONS

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.

A prior section 6421, Pub. L. 89–10, title I, § 1401, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

(Pub. L. 89–10, title I, § 1411, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1581.)

(Pub. L. 89–10, title I, § 1401, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1580;
amended Pub. L. 114–95, title I, § 1401(1), Dec. 10,
2015, 129 Stat. 1900.)
Editorial Notes

Page 1419

TITLE 20—EDUCATION
Editorial Notes
PRIOR PROVISIONS

A prior section 6431, Pub. L. 89–10, title I, § 1411, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3592, related to eligibility, prior to the general amendment of this subchapter by Pub. L. 107–110.

§ 6432. Allocation of funds
(a) Subgrants to State agencies
(1) In general
Each State agency described in section 6431
of this title (other than an agency in the Commonwealth of Puerto Rico) is eligible to receive a subgrant under this subpart, for each
fiscal year, in an amount equal to the product
of—
(A) the number of neglected or delinquent
children and youth described in section 6431
of this title who—
(i) are enrolled for at least 15 hours per
week in education programs in adult correctional institutions; and
(ii) are enrolled for at least 20 hours per
week—
(I) in education programs in institutions for neglected or delinquent children and youth; or
(II) in community day programs for neglected or delinquent children and
youth; and
(B) 40 percent of the average per-pupil expenditure in the State, except that the
amount determined under this subparagraph
shall not be less than 32 percent, nor more
than 48 percent, of the average per-pupil expenditure in the United States.
(2) Special rule
The number of neglected or delinquent children and youth determined under paragraph
(1) shall—
(A) be determined by the State agency by
a deadline set by the Secretary, except that
no State agency shall be required to determine the number of such children and youth
on a specific date set by the Secretary; and
(B) be adjusted, as the Secretary determines is appropriate, to reflect the relative
length of such agency’s annual programs.
(b) Subgrants to State agencies in Puerto Rico
(1) In general
For each fiscal year, the amount of the
subgrant which a State agency in the Commonwealth of Puerto Rico shall be eligible to
receive under this subpart shall be the amount
determined by multiplying the number of children counted under subsection (a)(1)(A) for the
Commonwealth of Puerto Rico by the product
of—
(A) the percentage which the average perpupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average perpupil expenditure of any of the 50 States;
and
(B) 32 percent of the average per-pupil expenditure in the United States.
(2) Minimum percentage
The percentage in paragraph (1)(A) shall not
be less than 85 percent.

§ 6433

(3) Limitation
If the application of paragraph (2) would result in any of the 50 States or the District of
Columbia receiving less under this subpart
than it received under this subpart for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the
Commonwealth of Puerto Rico for the fiscal
year for which the determination is made
shall be the greater of—
(A) the percentage in paragraph (1)(A) for
such fiscal year; or
(B) the percentage used for the preceding
fiscal year.
(c) Ratable reductions in case of insufficient appropriations
If the amount appropriated for any fiscal year
for subgrants under subsections (a) and (b) is insufficient to pay the full amount for which all
State agencies are eligible under such subsections, the Secretary shall ratably reduce
each such amount.
(Pub. L. 89–10, title I, § 1412, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1581;
amended Pub. L. 114–95, title I, § 1401(2), Dec. 10,
2015, 129 Stat. 1900.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6432, Pub. L. 89–10, title I, § 1412, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3592, related to allocation of funds, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (b)(2). Pub. L. 114–95 added par. (2) and
struck out former par. (2) which related to minimum
percentage for fiscal year 2002, fiscal year 2003, fiscal
year 2004, and fiscal year 2005 and succeeding fiscal
years.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6433. 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.
(Pub. L. 89–10, title I, § 1413, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1582.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6433, Pub. L. 89–10, title I, § 1413, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3593, related to State reallocation of funds, prior to the

§ 6434

TITLE 20—EDUCATION

general amendment of this subchapter by Pub. L.
107–110.

§ 6434. 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 between correctional facilities and locally operated programs; and
(C) that is integrated with other programs
under this chapter or other Acts, as appropriate.
(2) Contents
Each such State plan shall—
(A) describe the program objectives and
outcomes established by the State that will
be used to assess the effectiveness of the program in improving the academic, career, and
technical skills of children in the program;
(B) provide that, to the extent feasible,
such children will have the same opportunities to achieve as such children would have
if such children were in the schools of local
educational agencies in the State;
(C) describe how the State will place a priority for such children to attain a regular
high school diploma, to the extent feasible;
(D) contain an assurance that the State
educational agency will—
(i) ensure that programs assisted under
this subpart will be carried out in accordance with the State plan described in this
subsection; and
(ii) ensure that the State agencies receiving subgrants under this subpart comply with all applicable statutory and regulatory requirements; and
(E) provide assurances that the State educational agency has established—
(i) procedures to ensure the timely re-enrollment of each student who has been
placed in the juvenile justice system in
secondary school or in a re-entry program
that best meets the needs of the student,
including the transfer of credits that such
student earns during placement; and
(ii) opportunities for such students to
participate in credit-bearing coursework
while in secondary school, postsecondary
education, or career and technical education programming.
(3) Duration of the plan
Each such State plan shall—
(A) remain in effect for the duration of the
State’s participation under this part; and
(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State’s strategies and programs under
this part.
(b) Secretarial approval and peer review
(1) Secretarial approval
The Secretary shall approve each State plan
that meets the requirements of this subpart.

Page 1420

(2) Peer review
The Secretary may review any State plan
with the assistance and advice of individuals
with relevant expertise.
(c) State agency applications
Any State agency that desires to receive funds
to carry out a program under this subpart shall
submit an application to the State educational
agency that—
(1) describes the procedures to be used, consistent with the State plan under section 6311
of this title, to assess the educational needs of
the children to be served under this subpart
and, to the extent practicable, provide for
such assessment upon entry into a correctional facility;
(2) provide an assurance that in making
services available to children and youth in
adult correctional institutions, priority will
be given to such children and youth who are
likely to complete incarceration within a 2year period;
(3) describes the program, including a budget
for the first year of the program, with annual
updates to be provided to the State educational agency;
(4) describes how the program will meet the
goals and objectives of the State plan;
(5) describes how the State agency will consult with experts and provide the necessary
training for appropriate staff, to ensure that
the planning and operation of institution-wide
projects under section 6436 of this title are of
high quality;
(6) describes how the State agency will use
the results of the most recent evaluation
under section 7981 of this title to plan and improve the program;
(7) includes data showing that the State
agency has maintained the fiscal effort required of a local educational agency, in accordance with section 7901 of this title;
(8) describes how the programs will be coordinated with other appropriate State and
Federal programs, such as programs under
title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.], career and
technical education programs, State and local
dropout prevention programs, and special education programs;
(9) describes how the State agency will encourage correctional facilities receiving funds
under this subpart to coordinate with local
educational agencies or alternative education
programs attended by incarcerated children
and youth prior to and after their incarceration to ensure that student assessments and
appropriate academic records are shared jointly between the correctional facility and the
local educational agency or alternative education program in order to facilitate the transition of such children and youth between the
correctional facility and the local educational
agency or alternative education program;
(10) describes how appropriate professional
development will be provided to teachers and
other staff;
(11) designates an individual in each affected
correctional facility or institution for neglected or delinquent children and youth to be

Page 1421

TITLE 20—EDUCATION

responsible for issues relating to the transition of such children and youth between such
facility or institution and locally operated
programs;
(12) describes how the State agency will endeavor to coordinate with businesses for training and mentoring for participating children
and youth;
(13) provides an assurance that the State
agency will assist in locating alternative programs through which students can continue
their education if the students are not returning to school after leaving the correctional facility or institution for neglected or delinquent children and youth;
(14) provides assurances that the State agency will work with parents to secure parents’
assistance in improving the educational
achievement of their children and youth, and
preventing their children’s and youth’s further
involvement in delinquent activities;
(15) provides an assurance that the State
agency will work with children and youth with
disabilities in order to meet an existing individualized education program and an assurance that the agency will notify the child’s or
youth’s local school if the child or youth—
(A) is identified as in need of special education services while the child or youth is in
the correctional facility or institution for
neglected or delinquent children and youth;
and
(B) intends to return to the local school;
(16) provides an assurance that the State
agency will work with children and youth who
dropped out of school before entering the correctional facility or institution for neglected
or delinquent children and youth to encourage
the children and youth to reenter school and
attain a regular high school diploma once the
term of the incarceration is completed or provide the child or youth with the skills necessary to gain employment, continue the education of the child or youth, or attain a regular high school diploma or its recognized
equivalent if the child or youth does not intend to return to school;
(17) provides an assurance that certified or
licensed teachers and other qualified staff are
trained to work with children and youth with
disabilities and other students with special
needs taking into consideration the unique
needs of such students;
(18) describes any additional services to be
provided to children and youth, such as career
counseling, distance learning, and assistance
in securing student loans and grants;
(19) provides an assurance that the program
under this subpart will be coordinated with
any programs operated under the Juvenile
Justice and Delinquency Prevention Act of
1974 [34 U.S.C. 11101 et seq.] or other comparable programs, if applicable; and
(20) describes how the State agency will, to
the extent feasible—
(A) note when a youth has come into contact with both the child welfare and juvenile
justice systems; and
(B) deliver services and interventions designed to keep such youth in school that are
evidence-based (to the extent a State deter-

§ 6434

mines that such evidence is reasonably
available).
(Pub. L. 89–10, title I, § 1414, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1582;
amended Pub. L. 114–95, title I, § 1401(3), Dec. 10,
2015, 129 Stat. 1900.)
Editorial Notes
REFERENCES IN TEXT
The Workforce Innovation and Opportunity Act, referred to in subsec. (c)(8), is Pub. L. 113–128, July 22,
2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of
Title 29, Labor. For complete classification of this Act
to the Code, see Short Title note set out under section
3101 of Title 29 and Tables.
The Juvenile Justice and Delinquency Prevention
Act of 1974, referred to in subsec. (c)(19), is Pub. L.
93–415, Sept. 7, 1974, 88 Stat. 1109, which is classified
principally to chapter 111 (§ 11101 et seq.) of Title 34,
Crime Control and Law Enforcement. For complete
classification of this Act to the Code, see Short Title of
1974 Act note set out under section 10101 of Title 34 and
Tables.
PRIOR PROVISIONS
A prior section 6434, Pub. L. 89–10, title I, § 1414, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3593; amended Pub. L. 105–277, div. A, § 101(f) [title VIII,
§ 405(d)(18)(B), (f)(13)(B)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–422, 2681–431, related to State plan and State agency applications, prior to the general amendment of this
subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a)(1)(B). Pub. L. 114–95, § 1401(3)(A)(i),
substituted ‘‘between correctional facilities and locally
operated programs’’ for ‘‘from correctional facilities to
locally operated programs’’.
Subsec. (a)(2)(A). Pub. L. 114–95, § 1401(3)(A)(ii)(I), substituted ‘‘the program objectives and outcomes established by the State’’ for ‘‘the program goals, objectives,
and performance measures established by the State’’
and ‘‘career’’ for ‘‘vocational’’.
Subsec. (a)(2)(B). Pub. L. 114–95, § 1401(3)(A)(ii)(II),
struck out ‘‘and’’ after semicolon at end.
Subsec.
(a)(2)(C),
(D).
Pub.
L.
114–95,
§ 1401(3)(A)(ii)(III)–(V), added subpar. (C), redesignated
former subpar. (C) as (D), and in subpar. (D) in cl. (i) inserted ‘‘and’’ after semicolon at end, redesignated cl.
(iii) as (ii), and struck out former cls. (ii) and (iv) which
related to assurance that the agency would carry out
the evaluation requirements of section 6471 of this title
and provide such other information as the Secretary
might reasonably require.
Subsec. (a)(2)(E). Pub. L. 114–95, § 1401(3)(A)(ii)(VI),
added subpar. (E).
Subsec. (c)(1). Pub. L. 114–95, § 1401(3)(B)(i), inserted
‘‘and, to the extent practicable, provide for such assessment upon entry into a correctional facility’’ after ‘‘to
be served under this subpart’’.
Subsec. (c)(6). Pub. L. 114–95, § 1401(3)(B)(ii), substituted ‘‘will use’’ for ‘‘will carry out the evaluation
requirements of section 7941 of this title and how’’, inserted ‘‘under section 7981 of this title’’ after ‘‘most recent evaluation’’, and struck out ‘‘will be used’’ before
‘‘to plan and improve the program’’.
Subsec. (c)(7). Pub. L. 114–95, § 1401(3)(B)(iii), made
technical amendment to reference in original act which
appears in text as reference to section 7901 of this title.
Subsec. (c)(8). Pub. L. 114–95, § 1401(3)(B)(iv), substituted ‘‘the Workforce Innovation and Opportunity
Act’’ for ‘‘Public Law 105–220’’ and ‘‘career’’ for ‘‘vocational’’.
Subsec. (c)(9). Pub. L. 114–95, § 1401(3)(B)(v), inserted
‘‘and after’’ after ‘‘prior to’’ and ‘‘in order to facilitate
the transition of such children and youth between the

TITLE 20—EDUCATION

§ 6435

correctional facility and the local educational agency
or alternative education program’’ before semicolon at
end.
Subsec. (c)(11). Pub. L. 114–95, § 1401(3)(B)(vi), substituted ‘‘transition of such children and youth between such facility or institution and locally operated
programs’’ for ‘‘transition of children and youth from
such facility or institution to locally operated programs’’.
Subsec. (c)(16). Pub. L. 114–95, § 1401(3)(B)(vii), inserted
‘‘and attain a regular high school diploma’’ after ‘‘reenter school’’ and substituted ‘‘or attain a regular high
school diploma’’ for ‘‘or achieve a secondary school diploma’’.
Subsec. (c)(17). Pub. L. 114–95, § 1401(3)(B)(viii), inserted ‘‘certified or licensed’’ before ‘‘teachers’’.
Subsec. (c)(20). Pub. L. 114–95, § 1401(3)(B)(ix)–(xi),
added par. (20).

Page 1422

(b) Supplement, not supplant
A program under this subpart that supplements the number of hours of instruction students receive from State and local sources shall
be considered to comply with the supplement,
not supplant requirement of section 6321 of this
title (as applied to this part) without regard to
the subject areas in which instruction is given
during those hours.
(Pub. L. 89–10, title I, § 1415, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1585;
amended Pub. L. 114–95, title I, § 1401(4), Dec. 10,
2015, 129 Stat. 1902.)
Editorial Notes
PRIOR PROVISIONS

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6435. Use of funds
(a) Uses
(1) In general
A State agency shall use funds received
under this subpart only for programs and
projects that—
(A) are consistent with the State plan
under section 6434(a) of this title; and
(B) concentrate on providing participants
with the knowledge and skills needed to
make a successful transition to secondary
school completion, career and technical education, further education, or employment.
(2) Programs and projects
Such programs and projects—
(A) may include—
(i) the acquisition of equipment;
(ii) pay-for-success initiatives; or
(iii) providing targeted services for
youth who have come in contact with both
the child welfare system and juvenile justice system;
(B) shall be designed to support educational services that—
(i) except for institution-wide projects
under section 6436 of this title, are provided to children and youth identified by
the State agency as failing, or most atrisk of failing, to meet the challenging
State academic standards;
(ii) respond to the educational needs of
such children and youth, including by
supplementing and improving the quality
of the educational services provided to
such children and youth by the State agency; and
(iii) afford such children and youth an
opportunity to meet challenging State
academic standards; and
(C) shall be carried out in a manner consistent with section 6321 of this title and
part F (as applied to programs and projects
under this part).

A prior section 6435, Pub. L. 89–10, title I, § 1415, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3596, related to use of funds, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a)(1)(B). Pub. L. 114–95, § 1401(4)(A)(i),
substituted ‘‘career and technical education’’ for ‘‘vocational or technical training’’.
Subsec. (a)(2)(A). Pub. L. 114–95, § 1401(4)(A)(ii)(I),
added subpar. (A) and struck out former subpar (A)
which read as follows: ‘‘may include the acquisition of
equipment;’’.
Subsec.
(a)(2)(B)(i).
Pub.
L.
114–95,
§ 1401(4)(A)(ii)(II)(aa), substituted ‘‘the challenging
State academic standards’’ for ‘‘the State’s challenging
academic content standards and student academic
achievement standards’’.
Subsec.
(a)(2)(B)(ii).
Pub.
L.
114–95,
§ 1401(4)(A)(ii)(II)(bb), substituted ‘‘respond to the educational needs of such children and youth, including by
supplementing and improving the quality’’ for ‘‘supplement and improve the quality’’.
Subsec.
(a)(2)(B)(iii).
Pub.
L.
114–95,
§ 1401(4)(A)(ii)(II)(cc), substituted ‘‘challenging State
academic standards’’ for ‘‘challenging State academic
achievement standards’’ and inserted ‘‘and’’ after semicolon at end.
Subsec. (a)(2)(C). Pub. L. 114–95, § 1401(4)(A)(ii)(III),
made technical amendment to reference in original act
which appears in text as reference to section 6321 of
this title and substituted ‘‘part F’’ for ‘‘part I’’ and period for ‘‘; and’’ at end.
Subsec. (a)(2)(D). Pub. L. 114–95, § 1401(4)(A)(ii)(IV),
struck out subpar. (D) which read as follows: ‘‘may include the costs of meeting the evaluation requirements
of section 7941 of this title.’’
Subsec. (b). Pub. L. 114–95, § 1401(4)(B), made technical
amendment to reference in original act which appears
in text as reference to section 6321 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6436. Institution-wide projects
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

Page 1423

TITLE 20—EDUCATION

upgrade the entire educational effort of, that institution or program if the State agency has developed, and the State educational agency has
approved, a comprehensive plan for that institution or program that—
(1) provides for a comprehensive assessment
of the educational needs of all children and
youth in the institution or program serving
juveniles;
(2) provides for a comprehensive assessment
of the educational needs of youth aged 20 and
younger in adult facilities who are expected to
complete incarceration within a 2-year period;
(3) describes the steps the State agency has
taken, or will take, to provide all children and
youth under age 21 with the opportunity to
meet challenging State academic standards in
order to improve the likelihood that the children and youth will attain a regular high
school diploma or its recognized equivalent, or
find employment after leaving the institution;
(4) describes the instructional program, specialized instructional support services, and
procedures that will be used to meet the needs
described in paragraph (1), including, to the
extent feasible, the provision of mentors for
the children and youth described in paragraph
(1), and how relevant and appropriate academic records and plans regarding the continuation of educational services for such children or youth are shared jointly between the
State agency operating the institution or program and local educational agency in order to
facilitate the transition of such children and
youth between the local educational agency
and the State agency;
(5) specifically describes how such funds will
be used;
(6) describes the measures and procedures
that will be used to assess and improve student achievement;
(7) describes how the agency has planned,
and will implement and evaluate, the institution-wide or program-wide project in consultation with personnel providing direct instructional services and support services in institutions or community-day programs for neglected or delinquent children and youth, and
with personnel from the State educational
agency; and
(8) includes an assurance that the State
agency has provided for appropriate training
for teachers and other instructional and administrative personnel to enable such teachers
and personnel to carry out the project effectively.
(Pub. L. 89–10, title I, § 1416, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1585;
amended Pub. L. 114–95, title I, § 1401(5), Dec. 10,
2015, 129 Stat. 1902.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6436, Pub. L. 89–10, title I, § 1416, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3596, related to institution-wide projects, prior to the
general amendment of this subchapter by Pub. L.
107–110.
AMENDMENTS
2015—Par. (3). Pub. L. 114–95, § 1401(5)(A), substituted
‘‘challenging State academic standards’’ for ‘‘chal-

§ 6438

lenging State academic content standards and student
academic achievement standards’’ and ‘‘will attain a
regular high school diploma’’ for ‘‘will complete secondary school, attain a secondary diploma’’.
Par. (4). Pub. L. 114–95, § 1401(5)(B), substituted ‘‘specialized instructional support services’’ for ‘‘pupil services’’ and inserted ‘‘, and how relevant and appropriate
academic records and plans regarding the continuation
of educational services for such children or youth are
shared jointly between the State agency operating the
institution or program and local educational agency in
order to facilitate the transition of such children and
youth between the local educational agency and the
State agency’’ before semicolon at end.
Par. (6). Pub. L. 114–95, § 1401(5)(C), substituted ‘‘assess and improve student achievement’’ for ‘‘assess student progress’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6437. 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.
(Pub. L. 89–10, title I, § 1417, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1586.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6437, Pub. L. 89–10, title I, § 1417, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3597, related to three-year programs and projects, prior
to the general amendment of this subchapter by Pub.
L. 107–110.

§ 6438. 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 between State-operated institutions, or institutions in the State operated by the Secretary of the Interior, and
schools served by local educational agencies or
schools operated or funded by the Bureau of
Indian Education; or
(2) the successful reentry of youth offenders,
who are age 20 or younger and have received a
regular high school diploma or its recognized
equivalent, into postsecondary education, or
career and technical training programs,
through strategies designed to expose the
youth to, and prepare the youth for, postsecondary education, or career and technical
training programs, such as—
(A) preplacement programs that allow adjudicated or incarcerated youth to audit or
attend courses on college, university, or
community college campuses, or through
programs provided in institutional settings;

TITLE 20—EDUCATION

§ 6439

(B) worksite schools, in which institutions
of higher education and private or public
employers partner to create programs to
help students make a successful transition
to postsecondary education and employment; and
(C) essential support services to ensure the
success of the youth, such as—
(i) personal, career and technical, and
academic, counseling;
(ii) placement services designed to place
the youth in a university, college, or junior college program;
(iii) information concerning, and assistance in obtaining, available student financial aid;
(iv) counseling services; and
(v) job placement services.
(b) Conduct of projects
A project supported under this section may be
conducted directly by the State agency, or
through a contract or other arrangement with
one or more local educational agencies, other
public agencies, or private nonprofit organizations.
(c) Rule of construction
Nothing in this section shall be construed to
prohibit a school that receives funds under subsection (a) from serving neglected and delinquent children and youth simultaneously with
students with similar educational needs, in the
same educational settings where appropriate.
(Pub. L. 89–10, title I, § 1418, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1586;
amended Pub. L. 114–95, title I, § 1401(6), Dec. 10,
2015, 129 Stat. 1903.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6438, Pub. L. 89–10, title I, § 1418, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3597, related to transition services, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a)(1). Pub. L. 114–95, § 1401(6)(A), added
par. (1) and struck out former par. (1) which read as follows: ‘‘projects that facilitate the transition of children
and youth from State-operated institutions to schools
served by local educational agencies; or’’.
Subsec. (a)(2). Pub. L. 114–95, § 1401(6)(B), substituted
‘‘regular high school diploma’’ for ‘‘secondary school
diploma’’ in introductory provisions and substituted
‘‘career’’ for ‘‘vocational’’ wherever appearing.

Page 1424

(Pub. L. 89–10, title I, § 1419, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1587;
amended Pub. L. 114–95, title I, § 1401(7), Dec. 10,
2015, 129 Stat. 1903.)
Editorial Notes
AMENDMENTS
2015—Pub. L. 114–95, in section catchline, substituted
‘‘Technical assistance’’ for ‘‘Evaluation; technical assistance; annual model program’’ and, in text, substituted ‘‘for a fiscal year’’ for ‘‘for a fiscal year—’’,
struck out par. (2) designation before ‘‘to provide’’, and
struck out par. (1) which read as follows: ‘‘to develop a
uniform model to evaluate the effectiveness of programs assisted under this subpart; and’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
SUBPART 2—LOCAL AGENCY PROGRAMS

§ 6451. Purpose
The purpose of this subpart is to support the
operation of local educational agency programs
that involve collaboration with locally operated
correctional facilities—
(1) to carry out high quality education programs to prepare children and youth for secondary school completion, training, employment, or further education;
(2) to provide activities to facilitate the
transition of such children and youth from the
correctional program to further education or
employment; and
(3) to operate programs in local schools, including schools operated or funded by the Bureau of Indian Education, for children and
youth returning from correctional facilities,
and programs which may serve at-risk children and youth.
(Pub. L. 89–10, title I, § 1421, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1587;
amended Pub. L. 114–95, title I, § 1401(8), Dec. 10,
2015, 129 Stat. 1903.)
Editorial Notes
PRIOR PROVISIONS

EFFECTIVE DATE OF 2015 AMENDMENT

A prior section 6451, Pub. L. 89–10, title I, § 1421, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3597, related to purpose of subpart, prior to the general
amendment of this subchapter by Pub. L. 107–110.

Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

2015—Par. (3). Pub. L. 114–95 inserted ‘‘, including
schools operated or funded by the Bureau of Indian
Education,’’ after ‘‘local schools’’.

Statutory Notes and Related Subsidiaries

§ 6439. Technical assistance
The Secretary may reserve not more than 2.5
percent of the amount made available to carry
out this subpart for a fiscal year to provide
technical assistance to and support the capacity
building of State agency programs assisted
under this subpart.

AMENDMENTS

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

Page 1425

TITLE 20—EDUCATION

§ 6452. Programs operated by local educational
agencies
(a) Local subgrants
With funds made available under section
6422(b) of this title, the State educational agency shall award subgrants to local educational
agencies with high numbers or percentages of
children and youth residing in locally operated
(including county operated) correctional facilities for children and youth (including facilities
involved in community day programs).
(b) Special rule
A local educational agency that serves a
school operated by a correctional facility is not
required to operate a program of support for
children and youth returning from such school
to a school that is not operated by a correctional agency but served by such local educational agency, if more than 30 percent of the
children and youth attending the school operated by the correctional facility will reside outside the boundaries served by the local educational agency after leaving such facility.
(c) Notification
A State educational agency shall notify local
educational agencies within the State of the eligibility of such agencies to receive a subgrant
under this subpart.
(d) Transitional and academic services
Transitional and supportive programs operated in local educational agencies under this
subpart shall be designed primarily to meet the
transitional and academic needs of students returning to local educational agencies or alternative education programs from correctional facilities. Services to students at-risk of dropping
out of school shall not have a negative impact
on meeting such transitional and academic
needs of the students returning from correctional facilities.
(Pub. L. 89–10, title I, § 1422, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1587;
amended Pub. L. 114–95, title I, § 1401(9), Dec. 10,
2015, 129 Stat. 1903.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6452, Pub. L. 89–10, title I, § 1422, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3598, related to programs operated by local educational
agencies, prior to the general amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (d). Pub. L. 114–95 substituted ‘‘impact
on meeting such transitional’’ for ‘‘impact on meeting
the transitional’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6453. Local educational agency applications
Each local educational agency desiring assistance under this subpart shall submit an applica-

§ 6453

tion to the State educational agency that contains such information as the State educational
agency may require. Each such application shall
include—
(1) a description of the program to be assisted;
(2) a description of formal agreements, regarding the program to be assisted, between—
(A) the local educational agency; and
(B) correctional facilities and alternative
school programs serving children and youth
involved with the juvenile justice system,
including such facilities operated by the
Secretary of the Interior and Indian tribes;
(3) as appropriate, a description of how participating schools will coordinate with facilities working with delinquent children and
youth to ensure that such children and youth
are participating in an education program
comparable to one operating in the local
school such youth would attend;
(4) a description of the program operated by
participating schools to facilitate the successful transition of children and youth returning
from correctional facilities and, as appropriate, the types of services that such schools
will provide such children and youth and other
at-risk children and youth;
(5) a description of the characteristics (including learning difficulties, substance abuse
problems, and other special needs) of the children and youth who will be returning from
correctional facilities and, as appropriate,
other at-risk children and youth expected to
be served by the program, and a description of
how the school will coordinate existing educational programs to meet the unique educational needs of such children and youth;
(6) as appropriate, a description of how
schools will coordinate with existing social,
health, and other services to meet the needs of
students returning from correctional facilities, at-risk children or youth, and other participating children or youth, including prenatal health care and nutrition services related to the health of the parent and the child
or youth, parenting and child development
classes, child care, targeted reentry and outreach programs, referrals to community resources, and scheduling flexibility;
(7) as appropriate, a description of any partnerships with institutions of higher education
or local businesses to facilitate postsecondary
and workforce success for children and youth
returning from correctional facilities, such as
through
participation
in
credit-bearing
coursework while in secondary school, enrollment in postsecondary education, participation in career and technical education programming, and mentoring services for participating students;
(8) as appropriate, a description of how the
program will involve parents and family members in efforts to improve the educational
achievement of their children, assist in dropout prevention activities, and prevent the involvement of their children in delinquent activities;
(9) a description of how the program under
this subpart will be coordinated with other
Federal, State, and local programs, such as

TITLE 20—EDUCATION

§ 6454

programs under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et
seq.] and career and technical education programs serving at-risk children and youth;
(10) a description of how the program will be
coordinated with programs operated under the
Juvenile Justice and Delinquency Prevention
Act of 1974 [34 U.S.C. 11101 et seq.] and other
comparable programs, if applicable;
(11) as appropriate, a description of how
schools will work with probation officers to
assist in meeting the needs of children and
youth returning from correctional facilities;
(12) a description of the efforts participating
schools will make to ensure correctional facilities working with children and youth are
aware of a child’s or youth’s existing individualized education program; and
(13) as appropriate, a description of the steps
participating schools will take to find alternative placements for children and youth interested in continuing their education but unable to participate in a traditional public
school program.
(Pub. L. 89–10, title I, § 1423, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1588;
amended Pub. L. 113–128, title V, § 512(i)(3), July
22, 2014, 128 Stat. 1708; Pub. L. 114–95, title I,
§ 1401(10), Dec. 10, 2015, 129 Stat. 1903.)
Editorial Notes
REFERENCES IN TEXT
The Workforce Innovation and Opportunity Act, referred to in par. (9), is Pub. L. 113–128, July 22, 2014, 128
Stat. 1425. Title I of the Act is classified generally to
subchapter I (§ 3111 et seq.) of chapter 32 of Title 29,
Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 3101 of
Title 29 and Tables.
The Juvenile Justice and Delinquency Prevention
Act of 1974, referred to in par. (10), is Pub. L. 93–415,
Sept. 7, 1974, 88 Stat. 1109, which is classified principally to chapter 111 (§ 11101 et seq.) of Title 34, Crime
Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1974 Act
note set out under section 10101 of Title 34 and Tables.
PRIOR PROVISIONS
A prior section 6453, Pub. L. 89–10, title I, § 1423, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3598; amended Pub. L. 105–277, div. A, § 101(f) [title VIII,
§ 405(d)(18)(C), (f)(13)(C)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–422, 2681–431, related to local educational agency
applications, prior to the general amendment of this
subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Par. (2)(B). Pub. L. 114–95, § 1401(10)(A), inserted
‘‘, including such facilities operated by the Secretary
of the Interior and Indian tribes’’ after ‘‘juvenile justice system’’.
Par. (4). Pub. L. 114–95, § 1401(10)(B), added par. (4) and
struck out former par. (4) which read as follows: ‘‘a description of the program operated by participating
schools for children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such children and
youth and other at-risk children and youth;’’.
Par. (7). Pub. L. 114–95, § 1401(10)(C), inserted ‘‘institutions of higher education or’’ before ‘‘local businesses’’
and substituted ‘‘facilitate postsecondary and workforce success for children and youth returning from
correctional facilities, such as through participation in
credit-bearing coursework while in secondary school,

Page 1426

enrollment in postsecondary education, participation
in career and technical education programming’’ for
‘‘develop training, curriculum-based youth entrepreneurship education’’.
Par. (8). Pub. L. 114–95, § 1401(10)(D), inserted ‘‘and
family members’’ after ‘‘parents’’.
Par. (9). Pub. L. 114–95, § 1401(10)(E), substituted ‘‘career’’ for ‘‘vocational’’.
Par. (13). Pub. L. 114–95, § 1401(10)(F), substituted ‘‘traditional’’ for ‘‘regular’’.
2014—Par. (9). Pub. L. 113–128 substituted ‘‘a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of the Workforce
Innovation and Opportunity Act’’ for ‘‘a description of
how the program under this subpart will be coordinated
with other Federal, State, and local programs, such as
programs under title I of Public Law 105–220’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–128 effective on the first
day of the first full program year after July 22, 2014
(July 1, 2015), see section 506 of Pub. L. 113–128, set out
as an Effective Date note under section 3101 of Title 29,
Labor.

§ 6454. Uses of funds
(a) In general
Funds provided to local educational agencies
under this subpart may be used, as appropriate,
for—
(1) programs that serve children and youth
returning to local schools from correctional
facilities, to assist in the transition of such
children and youth to the school environment
and help them remain in school in order to
complete their education;
(2) dropout prevention programs which serve
at-risk children and youth;
(3) the coordination of health and social
services for such individuals if there is a likelihood that the provision of such services, including day care, drug and alcohol counseling,
and mental health services, will improve the
likelihood such individuals will complete their
education;
(4) special programs to meet the unique academic needs of participating children and
youth, including career and technical education, special education, career counseling,
curriculum-based youth entrepreneurship education, and assistance in securing student
loans or grants for postsecondary education;
(5) programs providing mentoring and peer
mediation;
(6) programs for at-risk Indian children and
youth, including such children and youth in
correctional facilities in the area served by
the local educational agency that are operated
by the Secretary of the Interior or Indian
tribes; and
(7) pay for success initiatives.
(b) Contracts and grants
A local educational agency may use a
subgrant received under this subpart to carry

Page 1427

TITLE 20—EDUCATION

out the activities described under paragraphs (1)
through (7) of subsection (a) directly or through
subgrants, contracts, or cooperative agreements.
(Pub. L. 89–10, title I, § 1424, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1589;
amended Pub. L. 114–95, title I, § 1401(11), Dec. 10,
2015, 129 Stat. 1904.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6454, Pub. L. 89–10, title I, § 1424, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3599, related to uses of funds, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 1401(11)(A), designated existing
provisions as subsec. (a) and inserted subsec. heading.
Subsec. (a)(2). Pub. L. 114–95, § 1401(11)(B), struck out
‘‘, including pregnant and parenting teens, children
and youth who have come in contact with the juvenile
justice system, children and youth at least 1 year behind their expected grade level, migrant youth, immigrant youth, students with limited English proficiency,
and gang members’’ after ‘‘at-risk children and youth’’.
Subsec. (a)(4). Pub. L. 114–95, § 1401(11)(C)(i), substituted ‘‘career’’ for ‘‘vocational’’.
Subsec. (a)(6), (7). Pub. L. 114–95, § 1401(11)(C)(ii)–(E),
added pars. (6) and (7).
Subsec. (b). Pub. L. 114–95, § 1401(11)(F), added subsec.
(b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6455. Program requirements for correctional facilities receiving funds under this section
Each correctional facility entering into an
agreement with a local educational agency
under section 6453(2) of this title to provide services to children and youth under this subpart
shall—
(1) where feasible, ensure that educational
programs in the correctional facility are coordinated with the student’s home school, particularly with respect to a student with an individualized education program under part B
of the Individuals with Disabilities Education
Act [20 U.S.C. 1411 et seq.];
(2) if the child or youth is identified as in
need of special education services while in the
correctional facility, notify the local school of
the child or youth of such need;
(3) where feasible, provide transition assistance to help the child or youth stay in school,
including coordination of services for the family, counseling, assistance in accessing drug
and alcohol abuse prevention programs, tutoring, and family counseling;
(4) provide support programs that encourage
children and youth who have dropped out of
school to reenter school and attain a regular
high school diploma once their term at the
correctional facility has been completed, or
provide such children and youth with the

§ 6455

skills necessary to gain employment or seek a
regular high school diploma or its recognized
equivalent;
(5) work to ensure that the correctional facility is staffed with teachers and other qualified staff who are trained to work with children and youth with disabilities taking into
consideration the unique needs of such children and youth;
(6) ensure that educational programs in the
correctional facility are related to assisting
students to meet the challenging State academic standards;
(7) to the extent possible, use technology to
assist in coordinating educational programs
between the correctional facility and the community school;
(8) where feasible, involve parents in efforts
to improve the educational achievement of
their children and prevent the further involvement of such children in delinquent activities;
(9) coordinate funds received under this subpart with other local, State, and Federal funds
available to provide services to participating
children and youth, such as funds made available under title I of the Workforce Innovation
and Opportunity Act [29 U.S.C. 3111 et seq.],
and career and technical education funds;
(10) coordinate programs operated under this
subpart with activities funded under the Juvenile Justice and Delinquency Prevention Act
of 1974 [34 U.S.C. 11101 et seq.] and other comparable programs, if applicable;
(11) if appropriate, work with local businesses to develop training, curriculum-based
youth entrepreneurship education, and mentoring programs for children and youth;
(12) upon the child’s or youth’s entry into
the correctional facility, work with the child’s
or youth’s family members and the local educational agency that most recently provided
services to the child or youth (if applicable) to
ensure that the relevant and appropriate academic records and plans regarding the continuation of educational services for such
child or youth are shared jointly between the
correctional facility and local educational
agency in order to facilitate the transition of
such children and youth between the local
educational agency and the correctional facility; and
(13) consult with the local educational agency for a period jointly determined necessary
by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as
to minimize disruption to the child’s or
youth’s achievement.
(Pub. L. 89–10, title I, § 1425, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1589;
amended Pub. L. 113–128, title V, § 512(i)(4), July
22, 2014, 128 Stat. 1708; Pub. L. 114–95, title I,
§ 1401(12), Dec. 10, 2015, 129 Stat. 1904.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in par. (1), is title VI of Pub. L. 91–230, Apr.
13, 1970, 84 Stat. 175, as amended. Part B of the Act is
classified generally to subchapter II (§ 1411 et seq.) of

TITLE 20—EDUCATION

§ 6456

chapter 33 of this title. For complete classification of
this Act to the Code, see section 1400 of this title and
Tables.
The Workforce Innovation and Opportunity Act, referred to in par. (9), is Pub. L. 113–128, July 22, 2014, 128
Stat. 1425. Title I of the Act is classified generally to
subtitle I (§ 3111 et seq.) of chapter 32 of Title 29, Labor.
For complete classification of this Act to the Code, see
Short Title note set out under section 3101 of Title 29
and Tables.
The Juvenile Justice and Delinquency Prevention
Act of 1974, referred to in par. (10), is Pub. L. 93–415,
Sept. 7, 1974, 88 Stat. 1109, which is classified principally to chapter 111 (§ 11101 et seq.) of Title 34, Crime
Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1974 Act
note set out under section 10101 of Title 34 and Tables.
PRIOR

PROVISIONS

A prior section 6455, Pub. L. 89–10, title I, § 1425, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3599; amended Pub. L. 105–277, div. A, § 101(f) [title VIII,
§ 405(d)(18)(D), (f)(13)(D)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–422, 2681–431, related to program requirements for
correctional facilities receiving funds, prior to the general amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Par. (4). Pub. L. 114–95, § 1401(12)(A), inserted
‘‘and attain a regular high school diploma’’ after ‘‘reenter school’’ and substituted ‘‘seek a regular high school
diploma’’ for ‘‘seek a secondary school diploma’’.
Par. (6). Pub. L. 114–95, § 1401(12)(B), substituted ‘‘the
challenging State academic standards’’ for ‘‘high academic achievement standards’’.
Par. (9). Pub. L. 114–95, § 1401(12)(C), substituted ‘‘career’’ for ‘‘vocational’’.
Pars. (12), (13). Pub. L. 114–95, § 1401(12)(D)–(F), added
pars. (12) and (13).
2014—Par. (9). Pub. L. 113–128 substituted ‘‘coordinate
funds received under this subpart with other local,
State, and Federal funds available to provide services
to participating children and youth, such as funds
made available under title I of the Workforce Innovation and Opportunity Act,’’ for ‘‘coordinate funds received under this subpart with other local, State, and
Federal funds available to provide services to participating children and youth, such as funds made available under title I of Public Law 105–220,’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–128 effective on the first
day of the first full program year after July 22, 2014
(July 1, 2015), see section 506 of Pub. L. 113–128, set out
as an Effective Date note under section 3101 of Title 29,
Labor.

§ 6456. 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 the number of
children and youth attaining a regular high
school diploma or its recognized equivalent;
and
(2) require correctional facilities or institutions for neglected or delinquent children and
youth to demonstrate, after receiving assist-

Page 1428

ance under this subpart for 3 years, that there
has been an increase in the number of children
and youth returning to school, attaining a regular high school diploma or its recognized
equivalent, or attaining employment after
such children and youth are released.
(Pub. L. 89–10, title I, § 1426, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1590;
amended Pub. L. 114–95, title I, § 1401(13), Dec. 10,
2015, 129 Stat. 1905.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6456, Pub. L. 89–10, title I, § 1426, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3600, related to accountability, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Par. (1). Pub. L. 114–95, § 1401(13)(A), substituted
‘‘the number of children and youth attaining a regular
high school diploma or its recognized equivalent’’ for
‘‘reducing dropout rates for male students and for female students over a 3-year period’’.
Par. (2). Pub. L. 114–95, § 1401(13)(B), substituted ‘‘attaining a regular high school diploma’’ for ‘‘obtaining
a secondary school diploma’’ and ‘‘attaining employment’’ for ‘‘obtaining employment’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
SUBPART 3—GENERAL PROVISIONS

§ 6471. Program evaluations
(a) Scope of evaluation
Each State agency or local educational agency
that conducts a program under subpart 1 or 2 of
this
part
shall
evaluate
the
program,
disaggregating data on participation by gender,
race, ethnicity, and age while protecting individual student privacy,,1 not less than once
every 3 years, to determine the program’s impact on the ability of participants—
(1) to maintain and improve educational
achievement and to graduate from high school
in the number of years established by the
State under either the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate, if applicable;
(2) to accrue school credits that meet State
requirements for grade promotion and high
school graduation;
(3) to make the transition to a regular program or other education program operated by
a local educational agency or school operated
or funded by the Bureau of Indian Education;
(4) to complete high school (or high school
equivalency requirements) and obtain employment after leaving the correctional facility or
institution for neglected or delinquent children and youth; and
(5) as appropriate, to participate in postsecondary education and job training programs.
1 So

in original.

Page 1429

TITLE 20—EDUCATION

(b) Exception
The disaggregation required under subsection
(a) shall not be required in a case in which the
number of students in a category is insufficient
to yield statistically reliable information or the
results would reveal personally identifiable information about an individual student.
(c) Evaluation measures
In conducting each evaluation under subsection (a), a State agency or local educational
agency shall use multiple and appropriate measures of student progress.
(d) Evaluation results
Each State agency and local educational agency shall—
(1) submit evaluation results to the State
educational agency and the Secretary; and
(2) use the results of evaluations under this
section to plan and improve subsequent programs for participating children and youth.
(Pub. L. 89–10, title I, § 1431, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1591;
amended Pub. L. 114–95, title I, § 1401(14), Dec. 10,
2015, 129 Stat. 1905.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6471, Pub. L. 89–10, title I, § 1431, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3600, related to program evaluations, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 1431 of Pub. L. 89–10 was classified to
section 2831 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 1401(14)(A), (B), inserted ‘‘while protecting individual student privacy,’’
after ‘‘age’’ in introductory provisions and substituted
‘‘high school’’ for ‘‘secondary school’’ wherever appearing.
Subsec. (a)(1). Pub. L. 114–95, § 1401(14)(C), inserted
‘‘and to graduate from high school in the number of
years established by the State under either the fouryear adjusted cohort graduation rate or the extendedyear adjusted cohort graduation rate, if applicable’’
after ‘‘educational achievement’’.
Subsec. (a)(3). Pub. L. 114–95, § 1401(14)(D), inserted
‘‘or school operated or funded by the Bureau of Indian
Education’’ after ‘‘local educational agency’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6472. Definitions
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

§ 6472

aged individual who is at-risk of academic
failure, dependency adjudication, or delinquency adjudication, has a drug or alcohol
problem, is pregnant or is a parent, has come
into contact with the juvenile justice system
or child welfare system in the past, is at least
1 year behind the expected grade level for the
age of the individual, is an English learner, is
a gang member, has dropped out of school in
the past, or has a high absenteeism rate at
school.
(3) Community day program
The term ‘‘community day program’’ means
a regular program of instruction provided by a
State agency at a community day school operated specifically for neglected or delinquent
children and youth.
(4) Institution for neglected or delinquent children and youth
The term ‘‘institution for neglected or delinquent children and youth’’ means—
(A) a public or private residential facility,
other than a foster home, that is operated
for the care of children who have been committed to the institution or voluntarily
placed in the institution under applicable
State law, due to abandonment, neglect, or
death of their parents or guardians; or
(B) a public or private residential facility
for the care of children who have been adjudicated to be delinquent or in need of supervision.
(Pub. L. 89–10, title I, § 1432, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1591;
amended Pub. L. 114–95, title I, § 1401(15), Dec. 10,
2015, 129 Stat. 1905.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6472, Pub. L. 89–10, title I, § 1432, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3601, defined terms for this part, prior to the general
amendment of this subchapter by Pub. L. 107–110.
A prior section 1432 of Pub. L. 89–10 was classified to
section 2832 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Par. (2). Pub. L. 114–95 inserted ‘‘dependency adjudication, or delinquency adjudication,’’ after ‘‘failure,’’, inserted ‘‘or child welfare system’’ after ‘‘juvenile justice system’’, and substituted ‘‘is an English
learner’’ for ‘‘has limited English proficiency’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PART E—FLEXIBILITY FOR EQUITABLE PER-PUPIL
FUNDING
Editorial Notes
PRIOR PROVISIONS
A prior part E, consisting of sections 6491 to 6494, related to national assessment of subchapter I, prior to

§ 6491

TITLE 20—EDUCATION

repeal by Pub. L. 114–95, title I, § 1501(a)(1), Dec. 10, 2015,
129 Stat. 1905.

§ 6491. Flexibility for equitable per-pupil funding
(a) Purpose
The purpose of the program under this section
is to provide local educational agencies with
flexibility to consolidate eligible Federal funds
and State and local education funding in order
to create a single school funding system based
on weighted per-pupil allocations for low-income and otherwise disadvantaged students.
(b) Authority
(1) In general
The Secretary is authorized to enter into
local flexibility demonstration agreements—
(A) for not more than 3 years with local
educational agencies that are selected under
subsection (c) and submit proposed agreements that meet the requirements of subsection (d); and
(B) under which such agencies may consolidate and use funds in accordance with
subsection (d) in order to develop and implement a school funding system based on
weighted per-pupil allocations for low-income and otherwise disadvantaged students.
(2) Flexibility
Except as described in subsection (d)(1)(I),
the Secretary is authorized to waive, for local
educational agencies entering into agreements
under this section, any provision of this chapter that would otherwise prevent such agency
from using eligible Federal funds as part of
such agreement.
(c) Selection of local educational agencies
(1) In general
The Secretary may enter into local flexibility demonstration agreements with not
more than 50 local educational agencies with
an approved application under subsection (d).
(2) Selection
Each local educational agency shall be selected based on such agency—
(A) submitting a proposed local flexibility
demonstration agreement under subsection
(d);
(B) demonstrating that the agreement
meets the requirements of such subsection;
and
(C) agreeing to meet the continued demonstration requirements under subsection
(e).
(3) Expansion
Beginning with the 2019–2020 academic year,
the Secretary may extend funding flexibility
authorized under this section to any local educational agency that submits and has approved an application under subsection (d), as
long as a significant majority of the demonstration agreements with local educational
agencies described in paragraph (1) meet the
requirements of subsection (d)(2) and subsection (e)(1) as of the end of the 2018–2019 academic year.

Page 1430

(d) Required terms of local flexibility demonstration agreement
(1) Application
Each local educational agency that desires
to participate in the program under this section shall submit, at such time and in such
form as the Secretary may prescribe, an application to enter into a local flexibility demonstration agreement with the Secretary in
order to develop and implement a school funding system based on weighted per-pupil allocations that meets the requirements of this section. The application shall include—
(A) a description of the school funding system based on weighted per-pupil allocations,
including—
(i) the weights used to allocate funds
within such system;
(ii) the local educational agency’s legal
authority to use State and local education
funds consistent with this section;
(iii) how such system will meet the requirements of paragraph (2); and
(iv) how such system will support the
academic achievement of students, including low-income students, the lowestachieving students, English learners, and
children with disabilities;
(B) a list of funding sources, including eligible Federal funds, the local educational
agency will include in such system;
(C) a description of the amount and percentage of total local educational agency
funding, including State and local education
funds and eligible Federal funds, that will be
allocated through such system;
(D) the per-pupil expenditures (which shall
include actual personnel expenditures, including staff salary differentials for years of
employment, and actual nonpersonnel expenditures) of State and local education
funds for each school served by the agency
for the preceding fiscal year;
(E) the per-pupil amount of eligible Federal funds each school served by the agency
received in the preceding fiscal year,
disaggregated by the programs supported by
the eligible Federal funds;
(F) a description of how such system will
ensure that any eligible Federal funds allocated through the system will meet the purposes of each Federal program supported by
such funds, including serving students from
low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable;
(G) an assurance that the local educational agency developed and will implement the local flexibility demonstration
agreement in consultation with teachers,
principals, other school leaders (including
charter school leaders in a local educational
agency that has charter schools), administrators of Federal programs impacted by the
agreement, parents, community leaders, and
other relevant stakeholders;
(H) an assurance that the local educational agency will use fiscal control and
sound accounting procedures that ensure
proper disbursement of, and accounting for,

Page 1431

TITLE 20—EDUCATION

eligible Federal funds consolidated and used
under such system;
(I) an assurance that the local educational
agency will continue to meet the requirements of sections 6320, 6321, and 7881 of this
title; and
(J) 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 funds under the agreement.
(2) Requirements of the system
(A) In general
A local educational agency’s school funding system based on weighted per-pupil allocations shall—
(i) except as allowed under clause (iv),
allocate a significant portion of funds, including State and local education funds
and eligible Federal funds, to the school
level based on the number of students in a
school and a formula developed by the
agency under this section that determines
per-pupil weighted amounts;
(ii) use weights or allocation amounts
that allocate substantially more funding
to English learners, students from low-income families, and students with any
other characteristics associated with educational disadvantage chosen by the local
educational agency, than to other students;
(iii) ensure that each high-poverty
school receives, in the first year of the
demonstration agreement—
(I) more per-pupil funding, including
from Federal, State, and local sources,
for low-income students than such funding received for low-income students in
the year prior to entering into a demonstration agreement under this section;
and
(II) at least as much per-pupil funding,
including from Federal, State, and local
sources, for English learners as such
funding received for English learners in
the year prior to entering into a demonstration agreement under this section;
(iv) be used to allocate to schools a significant percentage, which shall be a percentage agreed upon during the application process, of all the local educational
agency’s State and local education funds
and eligible Federal funds; and
(v) include all school-level actual personnel expenditures for instructional staff
(including staff salary differentials for
years of employment) and actual nonpersonnel expenditures in the calculation of
the local educational agency’s State and
local education funds and eligible Federal
funds to be allocated under clause (i).
(B) Percentage
In establishing the percentage described in
subparagraph (A)(iv) for the system, the
local educational agency shall demonstrate
that the percentage—
(i) under such subparagraph is sufficient
to carry out the purposes of the dem-

§ 6491

onstration agreement under this section
and to meet each of the requirements of
this subsection; and
(ii) of State and local education funds
and eligible Federal funds that are not allocated through the local educational
agency’s school funding system based on
weighted per-pupil allocations, does not
undermine or conflict with the requirements of the demonstration agreement
under this section.
(C) Expenditures
After allocating funds through the system,
the local educational agency shall charge
schools for the per-pupil expenditures of
State and local education funds and eligible
Federal funds, including actual personnel expenditures (including staff salary differentials for years of employment) for instructional staff and actual nonpersonnel expenditures.
(e) Continued demonstration
Each local educational agency with an approved application under subsection (d) shall annually—
(1) demonstrate to the Secretary that, as
compared to the previous year, no high-poverty school served by the agency received—
(A) less per-pupil funding, including from
Federal, State, and local sources, for low-income students; or
(B) less per-pupil funding, including from
Federal, State, and local sources, for English
learners;
(2) make public and report to the Secretary
the per-pupil expenditures (including actual
personnel expenditures that include staff salary differentials for years of employment, and
actual non-personnel expenditures) of State
and local education funds and eligible Federal
funds for each school served by the agency,
disaggregated by each quartile of students attending the school based on student level of
poverty and by each major racial or ethnic
group in the school, for the preceding fiscal
year;
(3) make public the total number of students
enrolled in each school served by the agency
and the number of students enrolled in each
such school disaggregated by each of the subgroups of students, as defined in section
6311(c)(2) of this title; and
(4) notwithstanding paragraph (1), (2), or (3),
ensure that any information to be reported or
made public under this subsection is only reported or made public if such information does
not reveal personally identifiable information.
(f) Limitations on administrative expenditures
Each local educational agency that has entered into a local flexibility demonstration
agreement with the Secretary under this section
may use, for administrative purposes, an
amount of eligible Federal funds that is not
more than the percentage of funds allowed for
such purposes under any of the following:
(1) This subchapter.
(2) Subchapter II.
(3) Subchapter III.
(4) Part A of subchapter IV.

§ 6491

TITLE 20—EDUCATION

(5) Part B of subchapter V.
(g) Peer review
The Secretary may establish a peer-review
process to assist in the review of a proposed
local flexibility demonstration agreement.
(h) Noncompliance
The Secretary may, after providing notice and
an opportunity for a hearing (including the opportunity to provide supporting evidence as provided for in subsection (i)), terminate a local
flexibility demonstration agreement under this
section if there is evidence that the local educational agency has failed to comply with the
terms of the agreement and the requirements
under subsections (d) and (e).
(i) Evidence
If a local educational agency believes that the
Secretary’s determination under subsection (h)
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 determination.
(j) Program evaluation
From the amount reserved for evaluation activities under section 7981 of this title, the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate—
(1) the implementation of the local flexibility demonstration agreements under this
section; and
(2) the impact of such agreements on improving the equitable distribution of State and
local funding and increasing student achievement.
(k) Renewal of local flexibility demonstration
agreement
The Secretary may renew for additional 3-year
terms a local flexibility demonstration agreement under this section if—
(1) the local educational agency has met the
requirements under subsections (d)(2) and (e)
and agrees to, and has a high likelihood of,
continuing to meet such requirements; and
(2) the Secretary determines that renewing
the local flexibility demonstration agreement
is in the interest of students served under this
subchapter and subchapter III.
(l) Definitions
In this section:
(1) Eligible Federal funds
The term ‘‘eligible Federal funds’’ means
funds received by a local educational agency
under—
(A) this subchapter;
(B) subchapter II;
(C) subchapter III;
(D) part A of subchapter IV; and
(E) part B of subchapter V.
(2) High-poverty school
The term ‘‘high-poverty school’’ means a
school that is in the highest 2 quartiles of
schools served by a local educational agency,
based on the percentage of enrolled students
from low-income families.

Page 1432

(Pub. L. 89–10, title I, § 1501, as added Pub. L.
114–95, title I, § 1501(b), Dec. 10, 2015, 129 Stat.
1906.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 6491 to 6494, 6511 to 6518, 6531 to 6537,
6551 to 6553, 6555, and 6561 to 6561i were repealed by Pub.
L. 114–95, § 5, title I, § 1501(a)(1), Dec. 10, 2015, 129 Stat.
1806, 1905, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Section 6491, Pub. L. 89–10, title I, § 1501, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1592;
amended Pub. L. 107–279, title IV, § 404(d)(4), Nov. 5,
2002, 116 Stat. 1986, related to evaluations. See section
7981 of this title.
Another prior section 6491, Pub. L. 89–10, title I, § 1501,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3601; amended Pub. L. 104–134, title I, § 101(d) [title
VII, § 703(b)(3)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–255;
renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996,
110 Stat. 1327; Pub. L. 105–18, title VI, § 60002, June 12,
1997, 111 Stat. 214, related to evaluations, prior to the
general amendment of this subchapter by Pub. L.
107–110.
A prior section 1501 of Pub. L. 89–10 was classified to
section 2911 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 6492, Pub. L. 89–10, title I, § 1502, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1597,
related to demonstrations of innovative practices.
Another prior section 6492, Pub. L. 89–10, title I, § 1502,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3604, related to demonstrations of innovative
practices, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 1502 of Pub. L. 89–10 was classified to
section 2912 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 6493, Pub. L. 89–10, title I, § 1503, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1597,
related to assessment evaluation.
Another prior section 6493, Pub. L. 89–10, title I, § 1503,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3605, related to innovative elementary school
transition projects, prior to repeal by Pub. L. 105–277,
div. A, § 101(f) [title VIII, § 301(c)(1)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–410.
Section 6494, Pub. L. 89–10, title I, § 1504, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1598,
related to Close Up fellowship program.
Section 6511, Pub. L. 89–10, title I, § 1601, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1601,
stated purpose of former part F of this subchapter.
Another prior section 6511, Pub. L. 89–10, title I, § 1601,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3609, related to Federal regulations, prior to the
general amendment of this subchapter by Pub. L.
107–110. See section 6571 of this title.
Section 6512, Pub. L. 89–10, title I, § 1602, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1601,
related to program authorization.
Another prior section 6512, Pub. L. 89–10, title I, § 1602,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3610, related to coordination of Federal, State,
and local administration, prior to the general amendment of this subchapter by Pub. L. 107–110.
Section 6513, Pub. L. 89–10, title I, § 1603, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1602,
related to application by State educational agency.
Another prior section 6513, Pub. L. 89–10, title I, § 1603,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3611, related to State administration, prior to the
general amendment of this subchapter by Pub. L.
107–110. See section 6573 of this title.
Section 6514, Pub. L. 89–10, title I, § 1604, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1603,
related to use of funds by State educational agency.

Page 1433

TITLE 20—EDUCATION

Another prior section 6514, Pub. L. 89–10, title I, § 1604,
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3612, related to construction of provisions, prior
to the general amendment of this subchapter by Pub.
L. 107–110. See section 6576 of this title.
Section 6515, Pub. L. 89–10, title I, § 1605, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1604,
related to application by local educational agency.
Section 6516, Pub. L. 89–10, title I, § 1606, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1604,
related to use of funds by local educational agency.
Section 6517, Pub. L. 89–10, title I, § 1607, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1605,
related to evaluation of programs and reports.
Section 6518, Pub. L. 89–10, title I, § 1608, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1605,
related to quality initiatives.
Section 6531, Pub. L. 89–10, title I, § 1701, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1606,
provided that former part G of this subchapter could be
cited as the ‘‘Access to High Standards Act’’.
Section 6532, Pub. L. 89–10, title I, § 1702, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1606,
stated purposes of former part G of this subchapter.
Section 6533, Pub. L. 89–10, title I, § 1703, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1606,
set forth funding distribution rule.
Section 6534, Pub. L. 89–10, title I, § 1704, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1606,
related to reimbursement of advanced placement test
fees.
Section 6535, Pub. L. 89–10, title I, § 1705, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1608,
related to grants to expand access to advanced placement incentive programs.
Section 6536, Pub. L. 89–10, title I, § 1706, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1609,
related to use of grants to supplement, not supplant
other non-Federal funds.
Section 6537, Pub. L. 89–10, title I, § 1707, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1609;
amended Pub. L. 108–11, title II, § 2503, Apr. 16, 2003, 117
Stat. 599, defined terms in former part G of this subchapter.
Section 6551, Pub. L. 89–10, title I, § 1801, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1610,
provided that former part H of this subchapter could be
cited as the ‘‘Dropout Prevention Act’’.
Section 6552, Pub. L. 89–10, title I, § 1802, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1610,
stated purposes of former part H of this subchapter.
Section 6553, Pub. L. 89–10, title I, § 1803, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1610,
authorized appropriations.
Section 6555, Pub. L. 89–10, title I, § 1811, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1610,
authorized national activities relating to dropout prevention.
Section 6561, Pub. L. 89–10, title I, § 1821, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1612,
defined terms in subpart 2 of former part H of this subchapter.
Section 6561a, Pub. L. 89–10, title I, § 1822, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1612,
authorized grants for school dropout prevention and reentry programs.
Section 6561b, Pub. L. 89–10, title I, § 1823, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1614,
related to applications for grants.
Section 6561c, Pub. L. 89–10, title I, § 1824, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1615,
related to reservation of funds for administrative costs
and State activities.
Section 6561d, Pub. L. 89–10, title I, § 1825, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1615,
related to strategies and capacity building.
Section 6561e, Pub. L. 89–10, title I, § 1826, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1616,
related to selection of local educational agencies for
subgrants.

§ 6571

Section 6561f, Pub. L. 89–10, title I, § 1827, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1616,
related to use of funds by community-based organizations.
Section 6561g, Pub. L. 89–10, title I, § 1828, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1616,
related to technical assistance to secondary schools.
Section 6561h, Pub. L. 89–10, title I, § 1829, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1616,
related to calculation of annual school dropout rate.
Section 6561i, Pub. L. 89–10, title I, § 1830, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1616,
related to reporting and accountability.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

PART F—GENERAL PROVISIONS
Editorial Notes
CODIFICATION
Pub. L. 114–95, title I, § 1501(a)(2), Dec. 10, 2015, 129
Stat. 1905, redesignated part I (§ 6571 et seq.) of this subchapter as part F of this subchapter.
PRIOR PROVISIONS
A prior part F, consisting of sections 6511 to 6518, related to comprehensive school reform, prior to repeal
by Pub. L. 114–95, title I, § 1501(a)(1), Dec. 10, 2015, 129
Stat. 1905.
A prior part G, consisting of sections 6531 to 6537, related to advanced placement programs, prior to repeal
by Pub. L. 114–95, title I, § 1501(a)(1), Dec. 10, 2015, 129
Stat. 1905.
A prior part H, consisting of sections 6551 to 6553,
6555, and 6561 to 6561i, related to school dropout prevention, prior to repeal by Pub. L. 114–95, title I,
§ 1501(a)(1), Dec. 10, 2015, 129 Stat. 1905.
A prior part I, consisting of sections 6571 to 6578, was
redesignated part F of this subchapter, by Pub. L.
114–95, title I, § 1501(a)(2), Dec. 10, 2015, 129 Stat. 1905.

§ 6571. Federal regulations
(a) In general
The Secretary may issue, in accordance with
subsections (b) through (d) and subject to section 6311(e) of this title, such regulations as are
necessary to reasonably ensure that there is
compliance with this subchapter.
(b) Negotiated rulemaking process
(1) In general
Before publishing in the Federal Register
proposed regulations to carry out this subchapter, the Secretary shall obtain the advice
and recommendations of representatives of
Federal, State, and local administrators, parents, teachers, principals, other school leaders
(including charter school leaders), paraprofessionals, and members of local school boards
and other organizations involved with the implementation and operation of programs under
this subchapter.
(2) Meetings and electronic exchange
Such advice and recommendations may be
obtained through such mechanisms as regional
meetings and electronic exchanges of informa-

§ 6571

TITLE 20—EDUCATION

tion. Such regional meetings and electronic
exchanges of information shall be public and
notice of such meetings and exchanges shall be
provided to interested stakeholders.
(3) Proposed regulations
After obtaining such advice and recommendations, and before publishing proposed
regulations, the Secretary shall—
(A) establish a negotiated rulemaking
process on, at a minimum, standards, assessments under section 6311(b)(2) of this title,
and the requirement under section 6321 of
this title that funds under part A be used to
supplement, and not supplant, State and
local funds;
(B) select individuals to participate in
such process from among individuals or
groups that provided advice and recommendations,
including
representation
from all geographic regions of the United
States, in such numbers as will provide an
equitable balance between representatives of
parents and students and representatives of
educators and education officials; and
(C) prepare a draft of proposed policy options that shall be provided to the individuals selected by the Secretary under subparagraph (B) not less than 15 days before
the first meeting under such process.
(4) Process
Such process—
(A) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.); and
(B) shall, unless otherwise provided as described in subsection (c), follow the provisions of subchapter III of chapter 5 of title
V 1 (commonly known as the ‘‘Negotiated
Rulemaking Act of 1990’’).
(c) Alternative process for certain exceptions
If consensus, as defined in section 562 of title
5, on any proposed regulation is not reached by
the individuals selected under subsection
(b)(3)(B) for the negotiated rulemaking process,
or if the Secretary determines that a negotiated
rulemaking process is unnecessary, the Secretary may propose a regulation in the following
manner:
(1) Notice to Congress
Not less than 15 business days prior to
issuing a notice of proposed rulemaking in the
Federal Register, the Secretary shall provide
to the Committee on Health, Education,
Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the
House of Representatives, and other relevant
congressional committees, notice of the Secretary’s intent to issue a notice of proposed
rulemaking that shall include—
(A) a copy of the proposed regulation;
(B) the need to issue the regulation;
(C) the anticipated burden, including the
time, cost, and paperwork burden, the regulation will impose on State educational
agencies,
local
educational
agencies,
schools, and other entities that may be impacted by the regulation;
1 So

in original. Probably should be ‘‘5’’.

Page 1434

(D) the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities that may be
impacted by the regulation; and
(E) any regulations that will be repealed
when the new regulation is issued.
(2) Comment period for Congress
The Secretary shall—
(A) before issuing any notice of proposed
rulemaking under this subsection, provide
Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that
the Secretary provides the notice of intent
to the appropriate committees of Congress
under paragraph (1); and
(B) include and seek to address all comments submitted by Congress in the public
rulemaking record for the regulation published in the Federal Register.
(3) Comment and review period; emergency situations
The comment and review period for any proposed regulation shall be not less than 60 days
unless an emergency requires a shorter period,
in which case the Secretary shall—
(A) designate the proposed regulation as
an emergency with an explanation of the
emergency in the notice to Congress under
paragraph (1);
(B) publish the length of the comment and
review period in such notice and in the Federal Register; and
(C) conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation.
(d) Limitation
Regulations to carry out this subchapter may
not require local programs to follow a particular
instructional model, such as the provision of
services outside the regular classroom or school
program.
(e) Rule of construction
Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter
7, of title 5 (commonly known as the ‘‘Administrative Procedure Act’’) or chapter 8 of title 5
(commonly known as the ‘‘Congressional Review
Act’’).
(Pub. L. 89–10, title I, § 1601, formerly § 1901, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002,
115 Stat. 1617; renumbered § 1601 and amended
Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(a), Dec.
10, 2015, 129 Stat. 1906, 1910.)
Editorial Notes
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (b)(4)(A), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat.
770, which is set out in the Appendix to Title 5, Government Organization and Employees.
PRIOR PROVISIONS
A prior section 1601 of Pub. L. 89–10 was classified to
section 6511 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 1601 of Pub. L. 89–10 was classified to section 6511 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.

Page 1435

TITLE 20—EDUCATION
AMENDMENTS

2015—Subsec. (a). Pub. L. 114–95, § 1601(a)(1), inserted
‘‘, in accordance with subsections (b) through (d) and
subject to section 6311(e) of this title,’’ after ‘‘may
issue’’.
Subsec. (b)(1). Pub. L. 114–95, § 1601(a)(2)(A), inserted
‘‘principals, other school leaders (including charter
school leaders),’’ after ‘‘teachers,’’.
Subsec. (b)(2). Pub. L. 114–95, § 1601(a)(2)(B), inserted
at end ‘‘Such regional meetings and electronic exchanges of information shall be public and notice of
such meetings and exchanges shall be provided to interested stakeholders.’’
Subsec. (b)(3)(A). Pub. L. 114–95, § 1601(a)(2)(C), substituted ‘‘standards, assessments under section
6311(b)(2) of this title, and the requirement under section 6321 of this title that funds under part A be used
to supplement, and not supplant, State and local
funds’’ for ‘‘standards and assessments’’.
Subsec. (b)(4). Pub. L. 114–95, § 1601(a)(2)(D), added par.
(4) and struck out former par. (4). Prior to amendment,
text read as follows: ‘‘Such process—
‘‘(A) shall be conducted in a timely manner to ensure that final regulations are issued by the Secretary not later than 1 year after January 8, 2002; and
‘‘(B) shall not be subject to the Federal Advisory
Committee Act, but shall otherwise follow the provisions of the Negotiated Rulemaking Act of 1990 (5
U.S.C. 561 et seq.).’’
Subsec. (b)(5). Pub. L. 114–95, § 1601(a)(2)(E), struck
out par. (5). Text read as follows: ‘‘In an emergency situation in which regulations to carry out this subchapter must be issued within a very limited time to
assist State educational agencies and local educational
agencies with the operation of a program under this
subchapter, the Secretary may issue proposed regulations without following such process but shall, immediately thereafter and before issuing final regulations,
conduct regional meetings to review such proposed regulations.’’
Subsecs. (c), (d). Pub. L. 114–95, § 1601(a)(3)–(5), added
subsec. (c), redesignated former subsec. (c) as (d), and
in subsec. (d) substituted ‘‘this subchapter’’ for ‘‘this
part’’.
Subsec. (e). Pub. L. 114–95, § 1601(a)(6), added subsec.
(e).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6572. Agreements and records
(a) Agreements
In any case in which a negotiated rulemaking
process is established under section 6571(b) of
this title, all published proposed regulations
shall conform to agreements that result from
the rulemaking described in section 6571 of this
title unless the Secretary reopens the negotiated rulemaking process.
(b) Records
The Secretary shall ensure that an accurate
and reliable record of agreements reached during the negotiations process is maintained.

§ 6573

(Pub. L. 89–10, title I, § 1602, formerly § 1902, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002,
115 Stat. 1618; renumbered § 1602 and amended
Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(b), Dec.
10, 2015, 129 Stat. 1906, 1912.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1602 of Pub. L. 89–10 was classified to
section 6512 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 1602 of Pub. L. 89–10 was classified to section 6512 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 1601(b), amended
subsec. (a) generally. Prior to amendment, text read as
follows: ‘‘All published proposed regulations shall conform to agreements that result from negotiated rulemaking described in section 6571 of this title unless the
Secretary reopens the negotiated rulemaking process
or provides a written explanation to the participants
involved in the process explaining why the Secretary
decided to depart from, and not adhere to, such agreements.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6573. State administration
(a) Rulemaking
(1) In general
Each State that receives funds under this
subchapter shall—
(A) ensure that any State rules, regulations, and policies relating to this subchapter conform to the purposes of this subchapter and provide any such proposed rules,
regulations, and policies to the committee of
practitioners created under subsection (b)
for review and comment;
(B) minimize such rules, regulations, and
policies to which the State’s local educational agencies and schools are subject;
(C) eliminate or modify State and local fiscal accounting requirements in order to facilitate the ability of schools to consolidate
funds under schoolwide programs;
(D) identify any such rule, regulation, or
policy as a State-imposed requirement; and
(E)(i) identify any duplicative or contrasting requirements between the State and
Federal rules or regulations; and
(ii) eliminate the State rules and regulations that are duplicative of Federal requirements.
(2) Support and facilitation
State rules, regulations, and policies under
this subchapter shall support and facilitate
local educational agency and school-level systemic reform designed to enable all children to
meet the challenging State academic standards.

TITLE 20—EDUCATION

§ 6574

(b) Committee of practitioners
(1) In general
Each State educational agency that receives
funds under this subchapter shall create a
State committee of practitioners to advise the
State in carrying out its responsibilities under
this subchapter.
(2) Membership
Each such committee shall include—
(A) as a majority of its members, representatives from local educational agencies;
(B) administrators, including the administrators of programs described in other parts
of this subchapter;
(C) teachers from traditional public
schools and charter schools (if there are
charter schools in the State) and career and
technical educators;
(D) principals and other school leaders;
(E) parents;
(F) members of local school boards;
(G) representatives of private school children;
(H) specialized instructional support personnel and paraprofessionals;
(I) representatives of authorized public
chartering agencies (if there are charter
schools in the State); and
(J) charter school leaders (if there are
charter schools in the State).
(3) Duties
The duties of such committee shall include a
review, before publication, of any proposed or
final State rule or regulation pursuant to this
subchapter. In an emergency situation where
such rule or regulation must be issued within
a very limited time to assist local educational
agencies with the operation of the program
under this subchapter, the State educational
agency may issue a regulation without prior
consultation, but shall immediately thereafter
convene the State committee of practitioners
to review the emergency regulation before
issuance in final form.
(Pub. L. 89–10, title I, § 1603, formerly § 1903, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002,
115 Stat. 1618; renumbered § 1603 and amended
Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(c), Dec.
10, 2015, 129 Stat. 1906, 1912.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1603 of Pub. L. 89–10 was classified to
section 6513 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 1603 of Pub. L. 89–10 was classified to section 6513 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a)(1)(E). Pub. L. 114–95, § 1601(c)(1)(A),
added subpar. (E).
Subsec. (a)(2). Pub. L. 114–95, § 1601(c)(1)(B), substituted ‘‘the challenging State academic standards’’
for ‘‘the challenging State student academic achievement standards’’.
Subsec. (b)(2)(C) to (J). Pub. L. 114–95, § 1601(c)(2),
added subpars. (C) to (J) and struck out former subpars.
(C) to (G) which read as follows:

Page 1436

‘‘(C) teachers, including vocational educators;
‘‘(D) parents;
‘‘(E) members of local school boards;
‘‘(F) representatives of private school children; and
‘‘(G) pupil services personnel.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6574. Repealed. Pub. L. 113–188, title
§ 901(a), Nov. 26, 2014, 128 Stat. 2020

IX,

Section, Pub. L. 89–10, title I, § 1904, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1619, related
to annual local educational agency spending audits and
reports.

§ 6575. Prohibition against Federal mandates, direction, or control
Nothing in this subchapter shall be construed
to authorize an officer or employee of the Federal Government to mandate, direct, or control
a State, local educational agency, or school’s
specific
instructional
content,
academic
achievement standards and assessments, curriculum, or program of instruction.
(Pub. L. 89–10, title I, § 1604, formerly § 1905, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002,
115 Stat. 1619; renumbered § 1604, Pub. L. 114–95,
title I, § 1501(a)(5), Dec. 10, 2015, 129 Stat. 1906.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1604 of Pub. L. 89–10 was classified to
section 6514 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 1604 of Pub. L. 89–10 was classified to section 6514 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.

§ 6576. Rule of construction on equalized spending
Nothing in this subchapter shall be construed
to mandate equalized spending per pupil for a
State, local educational agency, or school.
(Pub. L. 89–10, title I, § 1605, formerly § 1906, as
added Pub. L. 107–110, title I, § 101, Jan. 8, 2002,
115 Stat. 1619; renumbered § 1605, Pub. L. 114–95,
title I, § 1501(a)(5), Dec. 10, 2015, 129 Stat. 1906.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1605 of Pub. L. 89–10 was classified to
section 6515 of this title, prior to repeal by Pub. L.
114–95.

§§ 6577, 6578. Repealed. Pub. L. 114–95, title I,
§ 1501(a)(3), Dec. 10, 2015, 129 Stat. 1906
Section 6577, Pub. L. 89–10, title I, § 1907, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1619,
related to State report on dropout data.
Section 6578, Pub. L. 89–10, title I, § 1908, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1620,
related to issuance of regulations not later than 6
months after Jan. 8, 2002.

Page 1437

TITLE 20—EDUCATION

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6602

Another prior section 6601, Pub. L. 89–10, title II,
§ 2001, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3612, set forth findings, prior to the general
amendment of this subchapter by Pub. L. 107–110.
A prior section 2001 of Pub. L. 89–10 was classified to
section 2981 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries

SUBCHAPTER II—PREPARING, TRAINING,
AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL
LEADERS
Editorial Notes
PRIOR PROVISIONS
A prior title II 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, and subsequently revised, restated, and
amended by other public laws. Title II as extensively
revised by Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1620, related to preparing, training, and recruiting
high quality teachers and principals, and was set out in
this subchapter as having been added by Pub. L. 107–110.
Except as provided below, title II of the Act was repealed by Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129
Stat. 1913.
Subpart 5 of part C of prior title II of the Act, comprising subpart 5 (§ 6731 et seq.) of prior part C of this
subchapter, was redesignated subpart 3 (§ 8551 et seq.) of
part F of title VIII of the Act and transferred to subpart 3 (§ 7941 et seq.) of part F of subchapter VIII of this
chapter by Pub. L. 114–95, title II, § 2001(a)(3)(A)–(C),
title VIII, § 8001(a), (b)(1), Dec. 10, 2015, 129 Stat. 1913,
2088, 2089.
Subpart 4 of part D of prior title II of the Act, comprising subpart 4 (§ 6777) of prior part D of this subchapter, was redesignated subpart 2 (§ 4121) of part A of
title IV of the Act and transferred to subpart 2 (§ 7131)
of part A of subchapter IV of this chapter by Pub. L.
114–95, title II, § 2001(a)(4)(A)–(C), title IV, § 4001(a)(5)(C),
Dec. 10, 2015, 129 Stat. 1913, 1966.

§ 6601. Purpose
The purpose of this subchapter is to provide
grants to State educational agencies and subgrants to local educational agencies to—
(1) increase student achievement consistent
with the challenging State academic standards;
(2) improve the quality and effectiveness of
teachers, principals, and other school leaders;
(3) increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and
(4) provide low-income and minority students greater access to effective teachers,
principals, and other school leaders.
(Pub. L. 89–10, title II, § 2001, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1914.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6601, Pub. L. 89–10, title II, § 2101, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1620, set forth purpose of part A of former subchapter II of this chapter, prior to repeal by Pub. L.
114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806,
1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6602. Definitions
In this subchapter:
(1) School leader residency program
The term ‘‘school leader residency program’’
means a school-based principal or other school
leader preparation program in which a prospective principal or other school leader—
(A) for 1 academic year, engages in sustained and rigorous clinical learning with
substantial leadership responsibilities and
an opportunity to practice and be evaluated
in an authentic school setting; and
(B) during that academic year—
(i)
participates
in
evidence-based
coursework, to the extent the State (in
consultation with local educational agencies in the State) determines that such
evidence is reasonably available, that is
integrated with the clinical residency experience; and
(ii) receives ongoing support from a mentor principal or other school leader, who is
effective.
(2) State
The term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Commonwealth of Puerto Rico.
(3) State authorizer
The term ‘‘State authorizer’’ means an entity designated by the Governor of a State to
recognize teacher, principal, or other school
leader preparation academies within the State
that—
(A) enters into an agreement with a teacher, principal, or other school leader preparation academy that specifies the goals expected of the academy, as described in paragraph (4)(A)(i);
(B) may be a nonprofit organization, State
educational agency, or other public entity,
or consortium of such entities (including a
consortium of States); and
(C) does not reauthorize a teacher, principal, or other school leader preparation
academy if the academy fails to produce the
minimum number or percentage of effective
teachers or principals or other school leaders, respectively (as determined by the
State), identified in the academy’s authorizing agreement.
(4) Teacher, principal, or other school leader
preparation academy
The term ‘‘teacher, principal, or other
school leader preparation academy’’ means a

§ 6602

TITLE 20—EDUCATION

public or other nonprofit entity, which may be
an institution of higher education or an organization affiliated with an institution of higher education, that establishes an academy
that will prepare teachers, principals, or other
school leaders to serve in high-needs schools,
and that—
(A) enters into an agreement with a State
authorizer that specifies the goals expected
of the academy, including—
(i) a requirement that prospective teachers, principals, or other school leaders who
are enrolled in the academy receive a significant part of their training through
clinical preparation that partners the prospective candidate with an effective teacher, principal, or other school leader, as determined by the State, respectively, with a
demonstrated record of increasing student
academic achievement, including for the
subgroups of students defined in section
6311(c)(2) of this title, while also receiving
concurrent instruction from the academy
in the content area (or areas) in which the
prospective teacher, principal, or other
school leader will become certified or licensed that links to the clinical preparation experience;
(ii) the number of effective teachers,
principals, or other school leaders, respectively, who will demonstrate success in increasing student academic achievement
that the academy will prepare; and
(iii) a requirement that the academy will
award a certificate of completion (or degree, if the academy is, or is affiliated
with, an institution of higher education)
to a teacher only after the teacher demonstrates that the teacher is an effective
teacher, as determined by the State, with
a demonstrated record of increasing student academic achievement either as a
student teacher or teacher-of-record on an
alternative certificate, license, or credential;
(iv) a requirement that the academy will
award a certificate of completion (or degree, if the academy is, or is affiliated
with, an institution of higher education)
to a principal or other school leader only
after the principal or other school leader
demonstrates a record of success in improving student performance; and
(v) timelines for producing cohorts of
graduates and conferring certificates of
completion (or degrees, if the academy is,
or is affiliated with, an institution of higher education) from the academy;
(B) does not have unnecessary restrictions
on the methods the academy will use to
train prospective teacher, principal, or other
school leader candidates, including—
(i) obligating (or prohibiting) the academy’s faculty to hold advanced degrees or
conduct academic research;
(ii) restrictions related to the academy’s
physical infrastructure;
(iii) restrictions related to the number of
course credits required as part of the program of study;
(iv) restrictions related to the undergraduate coursework completed by teach-

Page 1438

ers teaching or working on alternative certificates, licenses, or credentials, as long
as such teachers have successfully passed
all relevant State-approved content area
examinations; or
(v) restrictions related to obtaining accreditation from an accrediting body for
purposes of becoming an academy;
(C) limits admission to its program to prospective teacher, principal, or other school
leader candidates who demonstrate strong
potential to improve student academic
achievement, based on a rigorous selection
process that reviews a candidate’s prior academic achievement or record of professional
accomplishment; and
(D) results in a certificate of completion or
degree that the State may, after reviewing
the academy’s results in producing effective
teachers, or principals, or other school leaders, respectively (as determined by the
State) recognize as at least the equivalent of
a master’s degree in education for the purposes of hiring, retention, compensation,
and promotion in the State.
(5) Teacher residency program
The term ‘‘teacher residency program’’
means a school-based teacher preparation program in which a prospective teacher—
(A) for not less than 1 academic year,
teaches alongside an effective teacher, as determined by the State or local educational
agency, who is the teacher of record for the
classroom;
(B) receives concurrent instruction during
the year described in subparagraph (A)—
(i) through courses that may be taught
by local educational agency personnel or
by faculty of the teacher preparation program; and
(ii) in the teaching of the content area in
which the teacher will become certified or
licensed; and
(C) acquires effective teaching skills, as
demonstrated through completion of a residency program, or other measure determined by the State, which may include a
teacher performance assessment.
(Pub. L. 89–10, title II, § 2002, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1914.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6602, Pub. L. 89–10, title II, § 2102, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1620, defined terms in part A of former subchapter
II of this chapter, prior to repeal by Pub. L. 114–95, § 5,
title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective
Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Another prior section 6602, Pub. L. 89–10, title II,
§ 2002, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3613, set forth purposes of this subchapter,
prior to the general amendment of this subchapter by
Pub. L. 107–110.
A prior section 2002 of Pub. L. 89–10 was classified to
section 2982 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

Page 1439

TITLE 20—EDUCATION

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6603. Authorization of appropriations
(a) Grants to States and local educational agencies
For the purpose of carrying out part A, there
are authorized to be appropriated $2,295,830,000
for each of fiscal years 2017 through 2020.
(b) National activities
For the purpose of carrying out part B, there
are authorized to be appropriated—
(1) $468,880,575 for each of fiscal years 2017
and 2018;
(2) $469,168,000 for fiscal year 2019; and
(3) $489,168,000 for fiscal year 2020.
(Pub. L. 89–10, title II, § 2003, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1916.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6603, Pub. L. 89–10, title II, § 2103, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1621, related to authorizations of appropriations,
prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec.
10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs
and competitive programs.
Another prior section 6603, Pub. L. 89–10, title II,
§ 2003, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3614; amended Pub. L. 105–277, div. A, § 101(f)
[title VIII, § 101(b)(1)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–406, authorized appropriations and related to allocations of appropriations, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 2003 of Pub. L. 89–10 was classified to
section 2983 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

PART A—SUPPORTING EFFECTIVE INSTRUCTION
§ 6611. Formula grants to States
(a) Reservation of funds
From the total amount appropriated under
section 6603(a) of this title for a fiscal year, the
Secretary shall reserve—
(1) one-half of 1 percent for allotments for
the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of
the Northern Mariana Islands, to be distributed among those outlying areas on the basis
of their relative need, as determined by the
Secretary, in accordance with the purpose of
this subchapter; and
(2) one-half of 1 percent for the Secretary of
the Interior for programs under this part in

§ 6611

schools operated or funded by the Bureau of
Indian Education.
(b) State allotments
(1) Hold harmless
(A) Fiscal years 2017 through 2022
For each of fiscal years 2017 through 2022,
subject to paragraph (2) and subparagraph
(C), from the funds appropriated under section 6603(a) of this title for a fiscal year that
remain after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State an amount
equal to the total amount that such State
received for fiscal year 2001 under—
(i) section 2202(b) of this Act (as in effect
on the day before January 8, 2002); and
(ii) section 306 of the Department of Education Appropriations Act, 2001 (as enacted
into law by section 1(a)(1) of Public Law
106–554).
(B) Ratable reduction
If the funds described in subparagraph (A)
are insufficient to pay the full amounts that
all States are eligible to receive under subparagraph (A) for any fiscal year, the Secretary shall ratably reduce those amounts
for the fiscal year.
(C) Percentage reduction
For each of fiscal years 2017 through 2022,
the amount in subparagraph (A) shall be reduced by a percentage equal to the product
of 14.29 percent and the number of years between the fiscal year for which the determination is being made and fiscal year 2016.
(2) Allotment of additional funds
(A) In general
Subject to subparagraph (B), for any fiscal
year for which the funds appropriated under
section 6603(a) of this title and not reserved
under subsection (a) exceed the total
amount required to make allotments under
paragraph (1), the Secretary shall allot to
each State the sum of—
(i) for fiscal year 2017—
(I) an amount that bears the same relationship to 35 percent of the excess
amount as the number of individuals
aged 5 through 17 in the State, as determined by the Secretary on the basis of
the most recent satisfactory data, bears
to the number of those individuals in all
such States, as so determined; and
(II) an amount that bears the same relationship to 65 percent of the excess
amount as the number of individuals
aged 5 through 17 from families with incomes below the poverty line in the
State, as determined by the Secretary on
the basis of the most recent satisfactory
data, bears to the number of those individuals in all such States, as so determined;
(ii) for fiscal year 2018—
(I) an amount that bears the same relationship to 30 percent of the excess
amount as the number of individuals
aged 5 through 17 in the State, as deter-

§ 6611

TITLE 20—EDUCATION
mined by the Secretary on the basis of
the most recent satisfactory data, bears
to the number of those individuals in all
such States, as so determined; and
(II) an amount that bears the same relationship to 70 percent of the excess
amount as the number of individuals
aged 5 through 17 from families with incomes below the poverty line in the
State, as determined by the Secretary on
the basis of the most recent satisfactory
data, bears to the number of those individuals in all such States, as so determined;
(iii) for fiscal year 2019—
(I) an amount that bears the same relationship to 25 percent of the excess
amount as the number of individuals
aged 5 through 17 in the State, as determined by the Secretary on the basis of
the most recent satisfactory data, bears
to the number of those individuals in all
such States, as so determined; and
(II) an amount that bears the same relationship to 75 percent of the excess
amount as the number of individuals
aged 5 through 17 from families with incomes below the poverty line in the
State, as determined by the Secretary on
the basis of the most recent satisfactory
data, bears to the number of those individuals in all such States, as so determined; and

(iv) for fiscal year 2020 through fiscal
year 2022—
(I) an amount that bears the same relationship to 20 percent of the excess
amount as the number of individuals
aged 5 through 17 in the State, as determined by the Secretary on the basis of
the most recent satisfactory data, bears
to the number of those individuals in all
such States, as so determined; and
(II) an amount that bears the same relationship to 80 percent of the excess
amount as the number of individuals
aged 5 through 17 from families with incomes below the poverty line in the
State, as determined by the Secretary on
the basis of the most recent satisfactory
data, bears to the number of those individuals in all such States, as so determined.
(B) Exception
No State receiving an allotment under
subparagraph (A) may receive less than onehalf of 1 percent of the total excess amount
allotted under such subparagraph for a fiscal
year.
(3) Fiscal year 2023 and succeeding fiscal years
For fiscal year 2023 and each of the succeeding fiscal years—
(A) the Secretary shall allot funds appropriated under section 6603(a) of this title and
not reserved under subsection (a) to each
State
in
accordance
with
paragraph
(2)(A)(iv); and
(B) the amount appropriated but not reserved shall be treated as the excess amount.

Page 1440

(4) Reallotment
If any State does not apply for an allotment
under this subsection for any fiscal year, the
Secretary shall reallot the amount of the allotment to the remaining States in accordance
with this subsection.
(c) State uses of funds
(1) In general
Except as provided under paragraph (3), each
State that receives an allotment under subsection (b) for a fiscal year shall reserve not
less than 95 percent of such allotment to make
subgrants to local educational agencies for
such fiscal year, as described in section 6612 of
this title.
(2) State administration
A State educational agency may use not
more than 1 percent of the amount allotted to
such State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this
part.
(3) Principals or other school leaders
Notwithstanding paragraph (1) and in addition to funds otherwise available for activities
under paragraph (4), a State educational agency may reserve not more than 3 percent of the
amount reserved for subgrants to local educational agencies under paragraph (1) for one
or more of the activities for principals or
other school leaders that are described in
paragraph (4).
(4) State activities
(A) In general
The State educational agency for a State
that receives an allotment under subsection
(b) may use funds not reserved under paragraph (1) to carry out 1 or more of the activities described in subparagraph (B), which
may be implemented in conjunction with a
State agency of higher education (if such
agencies are separate) and carried out
through a grant or contract with a for-profit
or nonprofit entity, including an institution
of higher education.
(B) Types of State activities
The activities described in this subparagraph are the following:
(i) Reforming teacher, principal, or other
school leader certification, recertification,
licensing, or tenure systems or preparation
program standards and approval processes
to ensure that—
(I) teachers have the necessary subject-matter knowledge and teaching
skills, as demonstrated through measures determined by the State, which may
include teacher performance assessments, in the academic subjects that the
teachers teach to help students meet
challenging State academic standards;
(II) principals or other school leaders
have the instructional leadership skills
to help teachers teach and to help students meet such challenging State academic standards; and
(III) teacher certification or licensing
requirements are aligned with such challenging State academic standards.

Page 1441

TITLE 20—EDUCATION

(ii) Developing, improving, or providing
assistance to local educational agencies to
support the design and implementation of
teacher, principal, or other school leader
evaluation and support systems that are
based in part on evidence of student academic achievement, which may include
student growth, and shall include multiple
measures of educator performance and provide clear, timely, and useful feedback to
teachers, principals, or other school leaders, such as by—
(I) developing and disseminating highquality evaluation tools, such as classroom observation rubrics, and methods,
including training and auditing, for ensuring inter-rater reliability of evaluation results;
(II) developing and providing training
to principals, other school leaders,
coaches, mentors, and evaluators on how
to accurately differentiate performance,
provide useful and timely feedback, and
use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and
(III) developing a system for auditing
the quality of evaluation and support
systems.
(iii) Improving equitable access to effective teachers.
(iv) Carrying out programs that establish, expand, or improve alternative routes
for State certification of teachers (especially for teachers of children with disabilities, English learners, science, technology, engineering, mathematics, or
other areas where the State experiences a
shortage of educators), principals, or other
school leaders, for—
(I) individuals with a baccalaureate or
master’s degree, or other advanced degree;
(II) mid-career professionals from
other occupations;
(III) paraprofessionals;
(IV) former military personnel; and
(V) recent graduates of institutions of
higher education with records of academic distinction who demonstrate the
potential to become effective teachers,
principals, or other school leaders.
(v) Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers,
principals, or other school leaders who are
effective in improving student academic
achievement, including effective teachers
from underrepresented minority groups
and teachers with disabilities, such as
through—
(I) opportunities for effective teachers
to lead evidence-based (to the extent the
State determines that such evidence is
reasonably available) professional development for the peers of such effective
teachers; and
(II) providing training and support for
teacher leaders and principals or other

§ 6611

school leaders who are recruited as part
of instructional leadership teams.
(vi) Fulfilling the State educational
agency’s responsibilities concerning proper
and efficient administration and monitoring of the programs carried out under
this part, including provision of technical
assistance to local educational agencies.
(vii) Developing, or assisting local educational agencies in developing—
(I) career opportunities and advancement initiatives that promote professional growth and emphasize multiple
career paths, such as instructional
coaching and mentoring (including hybrid roles that allow instructional
coaching and mentoring while remaining
in the classroom), school leadership, and
involvement with school improvement
and support;
(II) strategies that provide differential
pay, or other incentives, to recruit and
retain teachers in high-need academic
subjects and teachers, principals, or
other school leaders, in low-income
schools and school districts, which may
include performance-based pay systems;
and
(III) new teacher, principal, or other
school leader induction and mentoring
programs that are, to the extent the
State determines that such evidence is
reasonably available, evidence-based,
and designed to—
(aa) improve classroom instruction
and student learning and achievement,
including through improving school
leadership programs; and
(bb) increase the retention of effective teachers, principals, or other
school leaders.
(viii) Providing assistance to local educational agencies for the development and
implementation of high-quality professional development programs for principals that enable the principals to be effective and prepare all students to meet
the challenging State academic standards.
(ix) Supporting efforts to train teachers,
principals, or other school leaders to effectively integrate technology into curricula
and instruction, which may include training to assist teachers in implementing
blended learning (as defined in section
7112(1) of this title) projects.
(x) Providing training, technical assistance, and capacity-building to local educational agencies that receive a subgrant
under this part.
(xi) Reforming or improving teacher,
principal, or other school leader preparation programs, such as through establishing teacher residency programs and
school leader residency programs.
(xii) Establishing or expanding teacher,
principal, or other school leader preparation academies, with an amount of the
funds described in subparagraph (A) that is
not more than 2 percent of the State’s allotment, if—

§ 6611

TITLE 20—EDUCATION
(I) allowable under State law;
(II) the State enables candidates attending a teacher, principal, or other
school leader preparation academy to be
eligible for State financial aid to the
same extent as participants in other
State-approved teacher or principal
preparation programs, including alternative certification, licensure, or credential programs; and
(III) the State enables teachers, principals, or other school leaders who are
teaching or working while on alternative
certificates, licenses, or credentials to
teach or work in the State while enrolled
in a teacher, principal, or other school
leader preparation academy.
(xiii) Supporting the instructional services provided by effective school library
programs.
(xiv) Developing, or assisting local educational agencies in developing, strategies
that provide teachers, principals, or other
school leaders with the skills, credentials,
or certifications needed to educate all students
in
postsecondary
education
coursework through early college high
school or dual or concurrent enrollment
programs.
(xv) Providing training for all school
personnel, including teachers, principals,
other school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse.
(xvi) Supporting opportunities for principals, other school leaders, teachers,
paraprofessionals, early childhood education program directors, and other early
childhood education program providers to
participate in joint efforts to address the
transition to elementary school, including
issues related to school readiness.
(xvii) Developing and providing professional development and other comprehensive systems of support for teachers, principals, or other school leaders to promote
high-quality instruction and instructional
leadership in science, technology, engineering, and mathematics subjects, including computer science.
(xviii) Supporting the professional development and improving the instructional
strategies of teachers, principals, or other
school leaders to integrate career and
technical education content into academic
instructional practices, which may include
training on best practices to understand
State and regional workforce needs and
transitions to postsecondary education
and the workforce.
(xix) Enabling States, as a consortium,
to voluntarily develop a process that allows teachers who are licensed or certified
in a participating State to teach in other
participating States without completing
additional licensure or certification requirements, except that nothing in this
clause shall be construed to allow the Secretary to exercise any direction, supervision, or control over State teacher licensing or certification requirements.

Page 1442

(xx) Supporting and developing efforts to
train teachers on the appropriate use of
student data to ensure that individual student privacy is protected as required by
section 1232g of this title (commonly
known as the ‘‘Family Educational Rights
and Privacy Act of 1974’’) and in accordance with State student privacy laws and
local educational agency student privacy
and technology use policies.
(xxi) Supporting other activities identified by the State that are, to the extent
the State determines that such evidence is
reasonably available, evidence-based and
that meet the purpose of this subchapter.
(d) State application
(1) In general
In order to receive an allotment under this
section for any fiscal year, a State shall submit an application to the Secretary at such
time and in such manner as the Secretary may
reasonably require.
(2) Contents
Each application described under paragraph
(1) shall include the following:
(A) A description of how the State educational agency will use funds received
under this subchapter for State-level activities described in subsection (c).
(B) A description of the State’s system of
certification and licensing of teachers, principals, or other school leaders.
(C) A description of how activities under
this part are aligned with challenging State
academic standards.
(D) A description of how the activities carried out with funds under this part are expected to improve student achievement.
(E) If a State educational agency plans to
use funds under this part to improve equitable access to effective teachers, consistent
with section 6311(g)(1)(B) of this title, a description of how such funds will be used for
such purpose.
(F) If applicable, a description of how the
State educational agency will work with
local educational agencies in the State to
develop or implement State or local teacher,
principal, or other school leader evaluation
and support systems that meet the requirements of subsection (c)(4)(B)(ii).
(G) An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities.
(H) An assurance that the State educational agency will work in consultation
with the entity responsible for teacher, principal, or other school leader professional
standards, certification, and licensing for
the State, and encourage collaboration between educator preparation programs, the
State, and local educational agencies to promote the readiness of new educators entering the profession.
(I) An assurance that the State educational agency will comply with section

Page 1443

TITLE 20—EDUCATION

7881 of this title (regarding participation by
private school children and teachers).
(J) A description of how the State educational agency will improve the skills of
teachers, principals, or other school leaders
in order to enable them to identify students
with specific learning needs, particularly
children with disabilities, English learners,
students who are gifted and talented, and
students with low literacy levels, and provide instruction based on the needs of such
students.
(K) A description of how the State will use
data and ongoing consultation as described
in paragraph (3) to continually update and
improve the activities supported under this
part.
(L) A description of how the State educational agency will encourage opportunities for increased autonomy and flexibility
for teachers, principals, or other school leaders, such as by establishing innovation
schools that have a high degree of autonomy
over budget and operations, are transparent
and accountable to the public, and lead to
improved academic outcomes for students.
(M) A description of actions the State may
take to improve preparation programs and
strengthen support for teachers, principals,
or other school leaders based on the needs of
the State, as identified by the State educational agency.
(3) Consultation
In developing the State application under
this subsection, a State shall—
(A) meaningfully consult with teachers,
principals, other school leaders, paraprofessionals
(including
organizations
representing such individuals), specialized instructional
support
personnel,
charter
school leaders (in a State that has charter
schools), parents, community partners, and
other organizations or partners with relevant and demonstrated expertise in programs and activities designed to meet the
purpose of this subchapter;
(B) seek advice from the individuals, organizations, or partners described in subparagraph (A) regarding how best to improve the
State’s activities to meet the purpose of this
subchapter; and
(C) coordinate the State’s activities under
this part with other related strategies, programs, and activities being conducted in the
State.
(4) Limitation
Consultation required under paragraph (3)
shall not interfere with the timely submission
of the application required under this section.
(e) Prohibition
Nothing in this section shall be construed to
authorize the Secretary or any other officer or
employee of the Federal Government to mandate, direct, or control any of the following:
(1) The development, improvement, or implementation of elements of any teacher, principal, or other school leader evaluation system.
(2) Any State or local educational agency’s
definition of teacher, principal, or other
school leader effectiveness.

§ 6612

(3) Any teacher, principal, or other school
leader professional standards, certification, or
licensing.
(Pub. L. 89–10, title II, § 2101, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1917;
amended Pub. L. 116–260, div. H, title III, § 315,
Dec. 27, 2020, 134 Stat. 1610.)
Editorial Notes
REFERENCES IN TEXT
Section 2202(b) of this Act (as in effect on the day before January 8, 2002), referred to in subsec. (b)(1)(A)(i),
is section 2202(b) of Pub. L. 89–10, as added by Pub. L.
103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3621, which
was classified to section 6642(b) of this title prior to the
general amendment of this subchapter by Pub. L.
107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1620.
Section 306 of the Department of Education Appropriations Act, 2001, referred to in subsec. (b)(1)(A)(ii), is
section 1(a)(1) [title III, § 306] of Pub. L. 106–554, Nov. 29,
1999, 114 Stat. 2763, 2763A–41, which is not classified to
the Code.
PRIOR PROVISIONS
A prior section 6611, Pub. L. 89–10, title II, § 2111, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1621, related to allotments to States, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015,
129 Stat. 1806, 1913, effective Dec. 10, 2015, except with
respect to certain noncompetitive programs and competitive programs.
A prior section 2101 of Pub. L. 89–10 was classified to
section 6601 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 2101 of Pub. L. 89–10 was classified to section 6621 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
Another prior section 2101 of Pub. L. 89–10 was classified to section 3001 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2020—Subsec. (b)(2)(A)(iv). Pub. L. 116–260, § 315(1), in
introductory provisions, inserted ‘‘through fiscal year
2022’’ after ‘‘for fiscal year 2020’’.
Subsec. (b)(3). Pub. L. 116–260, § 315(2), substituted
‘‘2023’’ for ‘‘2021’’ in heading and text of introductory
provisions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6612. Subgrants to local educational agencies
(a) Allocation of funds to local educational agencies
(1) In general
From funds reserved by a State under section 6611(c)(1) of this title for a fiscal year, the
State, acting through the State educational
agency, shall award subgrants to eligible local
educational agencies from allocations described in paragraph (2).
(2) Allocation formula
From the funds described in paragraph (1),
the State educational agency shall allocate to
each of the eligible local educational agencies
in the State for a fiscal year the sum of—

§ 6613

TITLE 20—EDUCATION

(A) an amount that bears the same relationship to 20 percent of such funds for such
fiscal year as the number of individuals aged
5 through 17 in the geographic area served by
the agency, as determined by the Secretary
on the basis of the most recent satisfactory
data, bears to the number of those individuals in the geographic areas served by all eligible local educational agencies in the
State, as so determined; and
(B) an amount that bears the same relationship to 80 percent of the funds for such
fiscal year as the number of individuals aged
5 through 17 from families with incomes
below the poverty line in the geographic
area served by the agency, as determined by
the Secretary on the basis of the most recent satisfactory data, bears to the number
of those individuals in the geographic areas
served by all the eligible local educational
agencies in the State, as so determined.
(3) Rule of construction
Nothing in this section shall be construed to
prohibit a consortium of local educational
agencies that are designated with a locale
code of 41, 42, or 43, or such local educational
agencies designated with a locale code of 41,
42, or 43 that work in cooperation with an educational service agency, from voluntarily combining allocations received under this part for
the collective use of funding by the consortium for activities under this section.
(b) Local applications
(1) In general
To be eligible to receive a subgrant under
this section, a local educational agency shall
submit an application to the State educational agency at such time, in such manner,
and containing such information as the State
educational agency may reasonably require.
(2) Contents of application
Each application submitted under paragraph
(1) shall include the following:
(A) A description of the activities to be
carried out by the local educational agency
under this section and how these activities
will be aligned with challenging State academic standards.
(B) A description of the local educational
agency’s systems of professional growth and
improvement, such as induction for teachers, principals, or other school leaders and
opportunities for building the capacity of
teachers and opportunities to develop meaningful teacher leadership.
(C) A description of how the local educational agency will prioritize funds to
schools served by the agency that are implementing comprehensive support and improvement activities and targeted support
and improvement activities under section
6311(d) of this title and have the highest percentage of children counted under section
6333(c) of this title.
(D) A description of how the local educational agency will use data and ongoing
consultation described in paragraph (3) to
continually update and improve activities
supported under this part.

Page 1444

(E) An assurance that the local educational agency will comply with section
7881 of this title (regarding participation by
private school children and teachers).
(F) An assurance that the local educational agency will coordinate professional
development activities authorized under this
part with professional development activities provided through other Federal, State,
and local programs.
(3) Consultation
In developing the application described in
paragraph (2), a local educational agency
shall—
(A) meaningfully consult with teachers,
principals, other school leaders, paraprofessionals
(including
organizations
representing such individuals), specialized instructional
support
personnel,
charter
school leaders (in a local educational agency
that has charter schools), parents, community partners, and other organizations or
partners with relevant and demonstrated expertise in programs and activities designed
to meet the purpose of this subchapter;
(B) seek advice from the individuals and
organizations described in subparagraph (A)
regarding how best to improve the local educational agency’s activities to meet the purpose of this subchapter; and
(C) coordinate the local educational agency’s activities under this part with other related strategies, programs, and activities
being conducted in the community.
(4) Limitation
Consultation required under paragraph (3)
shall not interfere with the timely submission
of the application required under this section.
(Pub. L. 89–10, title II, § 2102, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1925.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6612, Pub. L. 89–10, title II, § 2112, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1623, related to State applications, prior to repeal
by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129
Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
A prior section 2102 of Pub. L. 89–10 was classified to
section 6602 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 2102 of Pub. L. 89–10 was classified to section 6622 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
Another prior section 2102 of Pub. L. 89–10 was classified to section 3002 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6613. Local uses of funds
(a) In general
A local educational agency that receives a
subgrant under section 6612 of this title shall use

Page 1445

TITLE 20—EDUCATION

the funds made available through the subgrant
to develop, implement, and evaluate comprehensive programs and activities described in subsection (b), which may be carried out—
(1) through a grant or contract with a forprofit or nonprofit entity; or
(2) in partnership with an institution of
higher education or an Indian tribe or tribal
organization (as such terms are defined under
section 5304 of title 25).
(b) Types of activities
The programs and activities described in this
subsection—
(1) shall be in accordance with the purpose of
this subchapter;
(2) shall address the learning needs of all
students, including children with disabilities,
English learners, and gifted and talented students; and
(3) may include, among other programs and
activities—
(A) developing or improving a rigorous,
transparent, and fair evaluation and support
system for teachers, principals, or other
school leaders that—
(i) is based in part on evidence of student
achievement, which may include student
growth; and
(ii) shall include multiple measures of
educator performance and provide clear,
timely, and useful feedback to teachers,
principals, or other school leaders;
(B) developing and implementing initiatives to assist in recruiting, hiring, and retaining effective teachers, particularly in
low-income schools with high percentages of
ineffective teachers and high percentages of
students who do not meet the challenging
State academic standards, to improve within-district equity in the distribution of
teachers,
consistent
with
section
6311(g)(1)(B) of this title, such as initiatives
that provide—
(i) expert help in screening candidates
and enabling early hiring;
(ii) differential and incentive pay for
teachers, principals, or other school leaders in high-need academic subject areas
and specialty areas, which may include
performance-based pay systems;
(iii) teacher, paraprofessional, principal,
or other school leader advancement and
professional growth, and an emphasis on
leadership opportunities, multiple career
paths, and pay differentiation;
(iv) new teacher, principal, or other
school leader induction and mentoring
programs that are designed to—
(I) improve classroom instruction and
student learning and achievement; and
(II) increase the retention of effective
teachers, principals, or other school
leaders;
(v) the development and provision of
training for school leaders, coaches, mentors, and evaluators on how accurately to
differentiate performance, provide useful
feedback, and use evaluation results to inform decisionmaking about professional

§ 6613

development, improvement strategies, and
personnel decisions; and
(vi) a system for auditing the quality of
evaluation and support systems;
(C) recruiting qualified individuals from
other fields to become teachers, principals,
or other school leaders, including mid-career
professionals from other occupations, former
military personnel, and recent graduates of
institutions of higher education with records
of academic distinction who demonstrate potential to become effective teachers, principals, or other school leaders;
(D) reducing class size to a level that is
evidence-based, to the extent the State (in
consultation with local educational agencies
in the State) determines that such evidence
is reasonably available, to improve student
achievement through the recruiting and hiring of additional effective teachers;
(E) providing high-quality, personalized
professional development that is evidencebased, to the extent the State (in consultation with local educational agencies in the
State) determines that such evidence is reasonably available, for teachers, instructional
leadership teams, principals, or other school
leaders, that is focused on improving teaching and student learning and achievement,
including supporting efforts to train teachers, principals, or other school leaders to—
(i) effectively integrate technology into
curricula and instruction (including education about the harms of copyright piracy);
(ii) use data to improve student achievement and understand how to ensure individual student privacy is protected, as required under section 1232g of this title
(commonly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’)
and State and local policies and laws in
the use of such data;
(iii) effectively engage parents, families,
and community partners, and coordinate
services between school and community;
(iv) help all students develop the skills
essential for learning readiness and academic success;
(v) develop policy with school, local educational agency, community, or State
leaders; and
(vi) participate in opportunities for experiential learning through observation;
(F) developing programs and activities
that increase the ability of teachers to effectively teach children with disabilities, including children with significant cognitive
disabilities, and English learners, which may
include the use of multi-tier systems of support and positive behavioral intervention
and supports, so that such children with disabilities and English learners can meet the
challenging State academic standards;
(G) providing programs and activities to
increase—
(i) the knowledge base of teachers, principals, or other school leaders on instruction in the early grades and on strategies
to measure whether young children are
progressing; and

§ 6614

TITLE 20—EDUCATION
(ii) the ability of principals or other
school leaders to support teachers, teacher
leaders, early childhood educators, and
other professionals to meet the needs of
students through age 8, which may include
providing joint professional learning and
planning activities for school staff and
educators in preschool programs that address the transition to elementary school;

(H) providing training, technical assistance, and capacity-building in local educational agencies to assist teachers, principals, or other school leaders with selecting
and implementing formative assessments,
designing classroom-based assessments, and
using data from such assessments to improve instruction and student academic
achievement, which may include providing
additional time for teachers to review student data and respond, as appropriate;
(I) carrying out in-service training for
school personnel in—
(i) the techniques and supports needed to
help educators understand when and how
to refer students affected by trauma, and
children with, or at risk of, mental illness;
(ii) the use of referral mechanisms that
effectively link such children to appropriate treatment and intervention services
in the school and in the community, where
appropriate;
(iii)
forming
partnerships
between
school-based mental health programs and
public or private mental health organizations; and
(iv) addressing issues related to school
conditions for student learning, such as
safety, peer interaction, drug and alcohol
abuse, and chronic absenteeism;
(J) providing training to support the identification of students who are gifted and talented, including high-ability students who
have not been formally identified for gifted
education services, and implementing instructional practices that support the education of such students, such as—
(i) early entrance to kindergarten;
(ii) enrichment, acceleration, and curriculum compacting activities; and
(iii) dual or concurrent enrollment programs in secondary school and postsecondary education;
(K) supporting the instructional services
provided by effective school library programs;
(L) providing training for all school personnel, including teachers, principals, other
school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child
sexual abuse;
(M) developing and providing professional
development and other comprehensive systems of support for teachers, principals, or
other school leaders to promote high-quality
instruction and instructional leadership in
science, technology, engineering, and mathematics subjects, including computer science;
(N) developing feedback mechanisms to
improve school working conditions, includ-

Page 1446

ing through periodically and publicly reporting results of educator support and working
conditions feedback;
(O) providing high-quality professional development for teachers, principals, or other
school leaders on effective strategies to integrate rigorous academic content, career and
technical education, and work-based learning (if appropriate), which may include providing common planning time, to help prepare students for postsecondary education
and the workforce; and
(P) carrying out other activities that are
evidence-based, to the extent the State (in
consultation with local educational agencies
in the State) determines that such evidence
is reasonably available, and identified by the
local educational agency that meet the purpose of this subchapter.
(Pub. L. 89–10, title II, § 2103, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1926.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6613, Pub. L. 89–10, title II, § 2113, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1625, related to State use of funds, prior to repeal
by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129
Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
A prior section 2103 of Pub. L. 89–10 was classified to
section 6603 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 2103 of Pub. L. 89–10 was classified to section 6623 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
Another prior section 2103 of Pub. L. 89–10 was classified to section 3003 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6614. Reporting
(a) State report
Each State educational agency receiving funds
under this part shall annually submit to the
Secretary a report that provides—
(1) a description of how the State is using
grant funds received under this part to meet
the purpose of this subchapter, and how such
chosen activities improved teacher, principal,
or other school leader effectiveness, as determined by the State or local educational agency;
(2) if funds are used under this part to improve equitable access to teachers for low-income and minority students, consistent with
section 6311(g)(1)(B) of this title, a description
of how funds have been used to improve such
access;
(3) for a State that implements a teacher,
principal, or other school leader evaluation
and support system, consistent with section

Page 1447

TITLE 20—EDUCATION

6611(c)(4)(B)(ii) of this title, using funds under
this part, the evaluation results of teachers,
principals, or other school leaders, except that
such information shall not provide personally
identifiable information on individual teachers, principals, or other school leaders; and
(4) where available, the annual retention
rates of effective and ineffective teachers,
principals, or other school leaders, using any
methods or criteria the State has or develops
under section 6311(g)(2)(A) of this title, except
that nothing in this paragraph shall be construed to require any State educational agency or local educational agency to collect and
report any data the State educational agency
or local educational agency is not collecting
or reporting as of the day before December 10,
2015.
(b) Local educational agency report
Each local educational agency receiving funds
under this part shall submit to the State educational agency such information as the State
requires, which shall include the information described in subsection (a) for the local educational agency.
(c) Availability
The reports and information provided under
subsections (a) and (b) shall be made readily
available to the public.
(d) Limitation
The reports and information provided under
subsections (a) and (b) shall not reveal personally identifiable information about any individual.
(Pub. L. 89–10, title II, § 2104, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1930.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2104 of Pub. L. 89–10 was classified to
section 3004 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

PART B—NATIONAL ACTIVITIES
§ 6621. Reservations
From the amounts appropriated under section
6603(b) of this title for a fiscal year, the Secretary shall reserve—
(1) to carry out activities authorized under
subpart 1—
(A) 49.1 percent for each of fiscal years 2017
through 2019; and
(B) 47 percent for fiscal year 2020;
(2) to carry out activities authorized under
subpart 2—
(A) 34.1 percent for each of fiscal years 2017
through 2019; and
(B) 36.8 percent for fiscal year 2020;

§ 6631

(3) to carry out activities authorized under
subpart 3, 1.4 percent for each of fiscal years
2017 through 2020; and
(4) to carry out activities authorized under
subpart 4—
(A) 15.4 percent for each of fiscal years 2017
through 2019; and
(B) 14.8 percent for fiscal year 2020.
(Pub. L. 89–10, title II, § 2201, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1930.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 6621 to 6623 were repealed by Pub. L.
114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806,
1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Section 6621, Pub. L. 89–10, title II, § 2121, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1627,
related to allocations to local educational agencies.
Another prior section 6621, Pub. L. 89–10, title II,
§ 2101, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3614; amended Pub. L. 104–208, div. A, title I,
§ 101(e) [title VII, § 709(b)(3)(A)], Sept. 30, 1996, 110 Stat.
3009–233, 3009–313, authorized professional development
program, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 2201 of Pub. L. 89–10 was classified to
section 6661 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 2201 of Pub. L. 89–10 was classified to section 6641 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
Another prior section 2201 of Pub. L. 89–10 was classified to section 3011 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 6622, Pub. L. 89–10, title II, § 2122, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1628,
related to local applications and needs assessment.
Another prior section 6622, Pub. L. 89–10, title II,
§ 2102, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3615, related to authorized professional development activities, prior to the general amendment of
this subchapter by Pub. L. 107–110.
Section 6623, Pub. L. 89–10, title II, § 2123, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1630,
related to local use of funds.
Another prior section 6623, Pub. L. 89–10, title II,
§ 2103, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3617, related to National Teacher Training
Project, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.
SUBPART 1—TEACHER AND SCHOOL LEADER
INCENTIVE PROGRAM

§ 6631. Purposes; definitions
(a) Purposes
The purposes of this subpart are—
(1) to assist States, local educational agencies, and nonprofit organizations to develop,
implement, improve, or expand comprehensive
performance-based compensation systems or
human capital management systems for teach-

§ 6632

TITLE 20—EDUCATION

ers, principals, or other school leaders (especially for teachers, principals, or other school
leaders in high-need schools) who raise student academic achievement and close the
achievement gap between high- and low-performing students; and
(2) to study and review performance-based
compensation systems or human capital management systems for teachers, principals, or
other school leaders to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems.
(b) Definitions
In this subpart:
(1) Eligible entity
The term ‘‘eligible entity’’ means—
(A) a local educational agency, including a
charter school that is a local educational
agency, or a consortium of local educational
agencies;
(B) a State educational agency or other
State agency designated by the chief executive of a State to participate under this subpart;
(C) the Bureau of Indian Education; or
(D) a partnership consisting of—
(i) 1 or more agencies described in subparagraph (A), (B), or (C); and
(ii) at least 1 nonprofit or for-profit entity.
(2) High-need school
The term ‘‘high-need school’’ means a public
elementary school or secondary school that is
located in an area in which the percentage of
students from families with incomes below the
poverty line is 30 percent or more.
(3) Human capital management system
The term ‘‘human capital management system’’ means a system—
(A) by which a local educational agency
makes and implements human capital decisions, such as decisions on preparation, recruitment, hiring, placement, retention, dismissal, compensation, professional development, tenure, and promotion; and
(B) that includes a performance-based
compensation system.
(4) Performance-based compensation system
The term ‘‘performance-based compensation
system’’ means a system of compensation for
teachers, principals, or other school leaders—
(A) that differentiates levels of compensation based in part on measurable increases
in student academic achievement; and
(B) which may include—
(i) differentiated levels of compensation,
which may include bonus pay, on the basis
of the employment responsibilities and
success of effective teachers, principals, or
other school leaders in hard-to-staff
schools or high-need subject areas; and
(ii) recognition of the skills and knowledge of teachers, principals, or other
school leaders as demonstrated through—
(I) successful fulfillment of additional
responsibilities or job functions, such as
teacher leadership roles; and
(II) evidence of professional achievement and mastery of content knowledge

Page 1448

and superior teaching and leadership
skills.
(Pub. L. 89–10, title II, § 2211, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1931.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6631, Pub. L. 89–10, title II, § 2131, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1633, defined terms in subpart 3 of part A of
former subchapter II of this chapter, prior to repeal by
Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat.
1806, 1913, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
A prior section 2211 of Pub. L. 89–10 was classified to
section 6651 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6632. Teacher and school leader incentive fund
grants
(a) Grants authorized
From the amounts reserved by the Secretary
under section 6621(1) of this title, the Secretary
shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to
develop, implement, improve, or expand performance-based compensation systems or human
capital management systems, in schools served
by the eligible entity.
(b) Duration of grants
(1) In general
A grant awarded under this subpart shall be
for a period of not more than 3 years.
(2) Renewal
The Secretary may renew a grant awarded
under this subpart for a period of not more
than 2 years if the grantee demonstrates to
the Secretary that the grantee is effectively
using funds. Such renewal may include allowing the grantee to scale up or replicate the
successful program.
(3) Limitation
A local educational agency may receive
(whether individually or as part of a consortium or partnership) a grant under this subpart, as amended by the Every Student Succeeds Act,1 only twice.
(c) Applications
An eligible entity desiring a grant under this
subpart shall submit an application to the Secretary at such time and in such manner as the
Secretary may reasonably require. The application shall include—
(1) a description of the performance-based
compensation system or human capital management system that the eligible entity pro1 See

References in Text note below.

Page 1449

TITLE 20—EDUCATION

poses to develop, implement, improve, or expand through the grant;
(2) a description of the most significant gaps
or insufficiencies in student access to effective
teachers, principals, or other school leaders in
high-need schools, including gaps or inequities
in how effective teachers, principals, or other
school leaders are distributed across the local
educational agency, as identified using factors
such as data on school resources, staffing patterns, school environment, educator support
systems, and other school-level factors;
(3) a description and evidence of the support
and commitment from teachers, principals, or
other school leaders, which may include charter school leaders, in the school (including organizations representing teachers, principals,
or other school leaders), the community, and
the local educational agency to the activities
proposed under the grant;
(4) a description of how the eligible entity
will develop and implement a fair, rigorous,
valid, reliable, and objective process to evaluate teacher, principal, or other school leader
performance under the system that is based in
part on measures of student academic achievement, including the baseline performance
against which evaluations of improved performance will be made;
(5) a description of the local educational
agencies or schools to be served under the
grant, including such student academic
achievement, demographic, and socioeconomic
information as the Secretary may request;
(6) a description of the effectiveness of
teachers, principals, or other school leaders in
the local educational agency and the schools
to be served under the grant and the extent to
which the system will increase the effectiveness of teachers, principals, or other school
leaders in such schools;
(7) a description of how the eligible entity
will use grant funds under this subpart in each
year of the grant, including a timeline for implementation of such activities;
(8) a description of how the eligible entity
will continue the activities assisted under the
grant after the grant period ends;
(9) a description of the State, local, or other
public or private funds that will be used to
supplement the grant, including funds under
part A, and sustain the activities assisted
under the grant after the end of the grant period;
(10) a description of—
(A) the rationale for the project;
(B) how the proposed activities are evidence-based; and
(C) if applicable, the prior experience of
the eligible entity in developing and implementing such activities; and
(11) a description of how activities funded
under this subpart will be evaluated, monitored, and publically reported.
(d) Award basis
(1) Priority
In awarding a grant under this subpart, the
Secretary shall give priority to an eligible entity that concentrates the activities proposed
to be assisted under the grant on teachers,

§ 6632

principals, or other school leaders serving in
high-need schools.
(2) Equitable distribution
To the extent practicable, the Secretary
shall ensure an equitable geographic distribution of grants under this subpart, including
the distribution of such grants between rural
and urban areas.
(e) Use of funds
(1) In general
An eligible entity that receives a grant
under this subpart shall use the grant funds to
develop, implement, improve, or expand, in
collaboration with teachers, principals, other
school leaders, and members of the public, a
performance-based compensation system or
human capital management system consistent
with this subpart.
(2) Authorized activities
Grant funds under this subpart may be used
for one or more of the following:
(A) Developing or improving an evaluation
and support system, including as part of a
human capital management system as applicable, that—
(i) reflects clear and fair measures of
teacher, principal, or other school leader
performance, based in part on demonstrated improvement in student academic achievement; and
(ii) provides teachers, principals, or
other school leaders with ongoing, differentiated, targeted, and personalized
support and feedback for improvement, including professional development opportunities designed to increase effectiveness.
(B) Conducting outreach within a local
educational agency or a State to gain input
on how to construct an evaluation and support system described in subparagraph (A)
and to develop support for the evaluation
and support system, including by training
appropriate personnel in how to observe and
evaluate teachers, principals, or other
school leaders.
(C) Providing principals or other school
leaders with—
(i) balanced autonomy to make budgeting, scheduling, and other school-level
decisions in a manner that meets the needs
of the school without compromising the
intent or essential components of the policies of the local educational agency or
State; and
(ii) authority to make staffing decisions
that meet the needs of the school, such as
building an instructional leadership team
that includes teacher leaders or offering
opportunities for teams or pairs of effective teachers or candidates to teach or
start teaching in high-need schools together.
(D) Implementing, as part of a comprehensive performance-based compensation system, a differentiated salary structure, which
may include bonuses and stipends, to—
(i) teachers who—
(I) teach in—

TITLE 20—EDUCATION

§ 6633
(aa) high-need schools; or
(bb) high-need subjects;

(II) raise student academic achievement; or
(III) take on additional leadership responsibilities; or
(ii) principals or other school leaders
who serve in high-need schools and raise
student academic achievement in the
schools.
(E) Improving the local educational agency’s system and process for the recruitment,
selection, placement, and retention of effective teachers, principals, or other school
leaders in high-need schools, such as by improving local educational agency policies
and procedures to ensure that high-need
schools are competitive and timely in—
(i) attracting, hiring, and retaining effective educators;
(ii) offering bonuses or higher salaries to
effective educators; or
(iii) establishing or strengthening school
leader residency programs and teacher
residency programs.
(F) Instituting career advancement opportunities characterized by increased responsibility and pay that reward and recognize effective teachers, principals, or other school
leaders in high-need schools and enable them
to expand their leadership and results, such
as through teacher-led professional development, mentoring, coaching, hybrid roles, administrative duties, and career ladders.
(f) Matching requirement
Each eligible entity that receives a grant
under this subpart shall provide, from non-Federal sources, an amount equal to 50 percent of
the amount of the grant (which may be provided
in cash or in kind) to carry out the activities
supported by the grant.
(g) Supplement, not supplant
Grant funds provided under this subpart shall
be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this subpart.
(Pub. L. 89–10, title II, § 2212, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1932.)
Editorial Notes
REFERENCES IN TEXT
This subpart, as amended by the Every Student Succeeds Act, referred to in subsec. (b)(3), probably means
this subpart as enacted by Pub. L. 114–95, title II, § 2002,
Dec. 10, 2015, 129 Stat. 1931.
PRIOR PROVISIONS
A prior section 6632, Pub. L. 89–10, title II, § 2132, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1633, related to subgrants to eligible partnerships,
prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec.
10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs
and competitive programs.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive pro-

Page 1450

grams, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6633. Reports
(a) Activities summary
Each eligible entity receiving a grant under
this subpart shall provide to the Secretary a
summary of the activities assisted under the
grant.
(b) Report
The Secretary shall provide to Congress an annual report on the implementation of the program carried out under this subpart, including—
(1) information on eligible entities that received grant funds under this subpart, including—
(A) information provided by eligible entities to the Secretary in the applications submitted under section 6632(c) of this title;
(B) the summaries received under subsection (a); and
(C) grant award amounts; and
(2) student academic achievement and, as
applicable, growth data from the schools participating in the programs supported under
the grant.
(c) Evaluation and technical assistance
(1) Reservation of funds
Of the total amount reserved for this subpart for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under paragraph (2) and for technical assistance in carrying out this subpart.
(2) Evaluation
From amounts reserved under paragraph (1),
the Secretary, acting through the Director of
the Institute of Education Sciences, shall
carry out an independent evaluation to measure the effectiveness of the program assisted
under this subpart.
(3) Contents
The evaluation under paragraph (2) shall
measure—
(A) the effectiveness of the program in improving student academic achievement;
(B) the satisfaction of the participating
teachers, principals, or other school leaders;
and
(C) the extent to which the program assisted the eligible entities in recruiting and
retaining high-quality teachers, principals,
or other school leaders, especially in highneed subject areas.
(Pub. L. 89–10, title II, § 2213, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1935.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 6633 and 6634 were repealed by Pub. L.
114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806,
1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Section 6633, Pub. L. 89–10, title II, § 2133, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1633,
related to subgrant applications.

Page 1451

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Section 6634, Pub. L. 89–10, title II, § 2134, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1633,
related to use of funds.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.
SUBPART 2—LITERACY EDUCATION FOR ALL,
RESULTS FOR THE NATION

§ 6641. Purposes; definitions
(a) Purposes
The purposes of this subpart are—
(1) to improve student academic achievement in reading and writing by providing Federal support to States to develop, revise, or
update comprehensive literacy instruction
plans that, when implemented, ensure highquality instruction and effective strategies in
reading and writing from early education
through grade 12; and
(2) for States to provide targeted subgrants
to early childhood education programs and
local educational agencies and their public or
private partners to implement evidence-based
programs that ensure high-quality comprehensive literacy instruction for students most in
need.
(b) Definitions
In this subpart:
(1) Comprehensive literacy instruction
The term ‘‘comprehensive literacy instruction’’ means instruction that—
(A) includes developmentally appropriate,
contextually explicit, and systematic instruction, and frequent practice, in reading
and writing across content areas;
(B) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency,
and reading comprehension;
(C) includes age-appropriate, explicit instruction in writing, including opportunities
for children to write with clear purposes,
with critical reasoning appropriate to the
topic and purpose, and with specific instruction and feedback from instructional staff;
(D) makes available and uses diverse, highquality print materials that reflect the reading and development levels, and interests, of
children;
(E) uses differentiated instructional approaches, including individual and small
group instruction and discussion;
(F) provides opportunities for children to
use language with peers and adults in order
to develop language skills, including developing vocabulary;
(G) includes frequent practice of reading
and writing strategies;
(H) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessment processes,

§ 6641

and summative assessments to identify a
child’s learning needs, to inform instruction,
and to monitor the child’s progress and the
effects of instruction;
(I) uses strategies to enhance children’s
motivation to read and write and children’s
engagement in self-directed learning;
(J) incorporates the principles of universal
design for learning;
(K) depends on teachers’ collaboration in
planning, instruction, and assessing a child’s
progress and on continuous professional
learning; and
(L) links literacy instruction to the challenging State academic standards, including
the ability to navigate, understand, and
write about, complex print and digital subject matter.
(2) Eligible entity
The term ‘‘eligible entity’’ means an entity
that consists of—
(A) one or more local educational agencies
that serve a high percentage of high-need
schools and—
(i) have the highest number or proportion of children who are counted under section 6333(c) of this title, in comparison to
other local educational agencies in the
State;
(ii) are among the local educational
agencies in the State with the highest
number or percentages of children reading
or writing below grade level, based on the
most currently available State academic
assessment data under section 6311(b)(2) of
this title; or
(iii) serve a significant number or percentage of schools that are implementing
comprehensive support and improvement
activities and targeted support and improvement activities under section 6311(d)
of this title;
(B) one or more early childhood education
programs serving low-income or otherwise
disadvantaged children, which may include
home-based literacy programs for preschoolaged children, that have a demonstrated
record of providing comprehensive literacy
instruction for the age group such program
proposes to serve; or
(C) a local educational agency, described
in subparagraph (A), or consortium of such
local educational agencies, or an early childhood education program, which may include
home-based literacy programs for preschoolaged children, acting in partnership with 1
or more public or private nonprofit organizations or agencies (which may include early
childhood education programs) that have a
demonstrated record of effectiveness in—
(i) improving literacy achievement of
children, consistent with the purposes of
participation under this subpart, from
birth through grade 12; and
(ii) providing professional development
in comprehensive literacy instruction.
(3) High-need school
(A) In general
The term ‘‘high-need school’’ means—

TITLE 20—EDUCATION

§ 6642

(i) an elementary school or middle
school in which not less than 50 percent of
the enrolled students are children from
low-income families; or
(ii) a high school in which not less than
40 percent of the enrolled students are
children from low-income families, which
may be calculated using comparable data
from the schools that feed into the high
school.
(B) Low-income family
For purposes of subparagraph (A), the term
‘‘low-income family’’ means a family—
(i) in which the children are eligible for
a free or reduced-price lunch under the
Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.);
(ii) receiving assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.); or
(iii) in which the children are eligible to
receive medical assistance under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(Pub. L. 89–10, title II, § 2221, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1936.)
Editorial Notes
REFERENCES IN TEXT
The Richard B. Russell National School Lunch Act,
referred to in subsec. (b)(3)(B)(i), is act June 4, 1946, ch.
281, 60 Stat. 230, which is classified generally to chapter
13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 1751 of
Title 42 and Tables.
The Social Security Act, referred to in subsec.
(b)(3)(B)(ii), (iii), is act Aug. 14, 1935, ch. 531, 49 Stat.
620. Part A of title IV of the Act is classified generally
to part A (§ 601 et seq.) of subchapter IV of chapter 7 of
Title 42, The Public Health and Welfare. Title XIX of
the Act is classified generally to subchapter XIX (§ 1396
et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42
and Tables.
PRIOR PROVISIONS
A prior section 6641, Pub. L. 89–10, title II, § 2141, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1634, related to technical assistance and accountability, prior to repeal by Pub. L. 114–95, § 5, title II,
§ 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10,
2015, except with respect to certain noncompetitive programs and competitive programs.
Another prior section 6641, Pub. L. 89–10, title II,
§ 2201, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3621, authorized program for State and local
professional development activities, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

Page 1452

§ 6642. Comprehensive literacy State development grants
(a) Grants authorized
From the amounts reserved by the Secretary
under section 6621(2) of this title and not reserved under subsection (b), the Secretary shall
award grants, on a competitive basis, to State
educational agencies to enable the State educational agencies to—
(1) provide subgrants to eligible entities
serving a diversity of geographic areas, giving
priority to entities serving greater numbers or
percentages of children from low-income families; and
(2) develop or enhance comprehensive literacy instruction plans that ensure high-quality instruction and effective strategies in
reading and writing for children from early
childhood education through grade 12, including English learners and children with disabilities.
(b) Reservation
From the amounts reserved to carry out this
subpart for a fiscal year, the Secretary shall reserve—
(1) not more than a total of 5 percent for national activities, including a national evaluation, technical assistance and training, data
collection, and reporting;
(2) one half of 1 percent for the Secretary of
the Interior to carry out a program described
in this subpart at schools operated or funded
by the Bureau of Indian Education; and
(3) one half of 1 percent for the outlying
areas to carry out a program under this subpart.
(c) Duration of grants
A grant awarded under this subpart shall be
for a period of not more than 5 years total. Such
grant may be renewed for an additional 2-year
period upon the termination of the initial period
of the grant if the grant recipient demonstrates
to the satisfaction of the Secretary that—
(1) the State has made adequate progress;
and
(2) renewing the grant for an additional 2year period is necessary to carry out the objectives of the grant described in subsection
(d).
(d) State applications
(1) In general
A State educational agency desiring a grant
under this subpart shall submit an application
to the Secretary, at such time and in such
manner as the Secretary may require. The
State educational agency shall collaborate
with the State agency responsible for administering early childhood education programs
and the State agency responsible for administering child care programs in the State in
writing and implementing the early childhood
education portion of the grant application
under this subsection.
(2) Contents
An application described in paragraph (1)
shall include, at a minimum, the following:
(A) A needs assessment that analyzes literacy needs across the State and in high-

Page 1453

TITLE 20—EDUCATION

need schools and local educational agencies
that serve high-need schools, including identifying the most significant gaps in literacy
proficiency and inequities in student access
to effective teachers of literacy, considering
each of the subgroups of students, as defined
in section 6311(c)(2) of this title.
(B) A description of how the State educational agency, in collaboration with the
State literacy team, if applicable, will develop a State comprehensive literacy instruction plan or will revise and update an
already existing State comprehensive literacy instruction plan.
(C) An implementation plan that includes
a description of how the State educational
agency will carry out the State activities
described in subsection (f).
(D) An assurance that the State educational agency will use implementation
grant funds described in subsection (f)(1) for
comprehensive literacy instruction programs as follows:
(i) Not less than 15 percent of such grant
funds shall be used for State and local programs and activities pertaining to children
from birth through kindergarten entry.
(ii) Not less than 40 percent of such grant
funds shall be used for State and local programs and activities, allocated equitably
among the grades of kindergarten through
grade 5.
(iii) Not less than 40 percent of such
grant funds shall be used for State and
local programs and activities, allocated
equitably among grades 6 through 12.
(E) An assurance that the State educational agency will give priority in awarding a subgrant under section 6643 of this title
to an eligible entity that—
(i) serves children from birth through
age 5 who are from families with income
levels at or below 200 percent of the Federal poverty line; or
(ii) is a local educational agency serving
a high number or percentage of high-need
schools.
(e) Priority
In awarding grants under this section, the Secretary shall give priority to State educational
agencies that will use the grant funds for evidence-based activities, defined for the purpose of
this subsection as activities meeting the requirements of section 7801(21)(A)(i) of this title.
(f) State activities
(1) In general
A State educational agency receiving a
grant under this section shall use not less
than 95 percent of such grant funds to award
subgrants to eligible entities, based on their
needs assessment and a competitive application process.
(2) Reservation
A State educational agency receiving a
grant under this section may reserve not more
than 5 percent for activities identified through
the needs assessment and comprehensive literacy plan described in subparagraphs (A) and

§ 6643

(B) of subsection (d)(2), including the following
activities:
(A) Providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs.
(B) Coordinating with institutions of higher education in the State to provide recommendations to strengthen and enhance
pre-service courses for students preparing to
teach children from birth through grade 12
in explicit, systematic, and intensive instruction in evidence-based literacy methods.
(C) Reviewing and updating, in collaboration with teachers and institutions of higher
education, State licensure or certification
standards in the area of literacy instruction
in early education through grade 12.
(D) Making publicly available, including
on the State educational agency’s website,
information on promising instructional
practices to improve child literacy achievement.
(E) Administering and monitoring the implementation of subgrants by eligible entities.
(3) Additional uses
After carrying out the activities described in
paragraphs (1) and (2), a State educational
agency may use any remaining amount to
carry out 1 or more of the following activities:
(A) Developing literacy coach training programs and training literacy coaches.
(B) Administration and evaluation of activities carried out under this subpart.
(Pub. L. 89–10, title II, § 2222, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1938.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6642, Pub. L. 89–10, title II, § 2202, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3621, related to allocation of funds for State and local
professional development activities, prior to its omission in the general amendment of this subchapter by
Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6643. Subgrants to eligible entities in support of
birth through kindergarten entry literacy
(a) Subgrants
(1) In general
A State educational agency receiving a
grant under this subpart shall, in consultation
with the State agencies responsible for administering early childhood education programs
and services, including the State agency responsible for administering child care programs, and, if applicable, the State Advisory

§ 6644

TITLE 20—EDUCATION

Council on Early Childhood Education and
Care designated or established pursuant to
section 9837b(b)(1)(A)(i) of title 42, use a portion of the grant funds, in accordance with
section 6642(d)(2)(D)(i) of this title, to award
subgrants, on a competitive basis, to eligible
entities to enable the eligible entities to support high-quality early literacy initiatives for
children from birth through kindergarten
entry.
(2) Duration
The term of a subgrant under this section
shall be determined by the State educational
agency awarding the subgrant and shall in no
case exceed 5 years.
(3) Sufficient size and scope
Each subgrant awarded under this section
shall be of sufficient size and scope to allow
the eligible entity to carry out high-quality
early literacy initiatives for children from
birth through kindergarten entry.
(b) Local applications
An eligible entity desiring to receive a
subgrant under this section shall submit an application to the State educational agency, at
such time, in such manner, and containing such
information as the State educational agency
may require. Such application shall include a
description of—
(1) how the subgrant funds will be used to
enhance the language and literacy development and school readiness of children, from
birth through kindergarten entry, in early
childhood education programs, which shall include an analysis of data that support the proposed use of subgrant funds;
(2) how the subgrant funds will be used to
prepare and provide ongoing assistance to
staff in the programs, including through highquality professional development;
(3) how the activities assisted under the
subgrant will be coordinated with comprehensive literacy instruction at the kindergarten
through grade 12 levels; and
(4) how the subgrant funds will be used to
evaluate the success of the activities assisted
under the subgrant in enhancing the early language and literacy development of children
from birth through kindergarten entry.
(c) Priority
In awarding grants under this section, the
State educational agency shall give priority to
an eligible entity that will use the grant funds
to implement evidence-based activities, defined
for the purpose of this subsection as activities
meeting
the
requirements
of
section
7801(21)(A)(i) of this title.
(d) Local uses of funds
An eligible entity that receives a subgrant
under this section shall use the subgrant funds,
consistent with the entity’s approved application under subsection (b), to—
(1) carry out high-quality professional development opportunities for early childhood educators, teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, and instructional
leaders;

Page 1454

(2) train providers and personnel to develop
and administer evidence-based early childhood
education literacy initiatives; and
(3) coordinate the involvement of families,
early childhood education program staff, principals, other school leaders, specialized instructional support personnel (as appropriate),
and teachers in literacy development of children served under the subgrant.
(Pub. L. 89–10, title II, § 2223, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1940.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6643, Pub. L. 89–10, title II, § 2203, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3621, related to within-State allocations, prior to its
omission in the general amendment of this subchapter
by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6644. Subgrants to eligible entities in support of
kindergarten through grade 12 literacy
(a) Subgrants to eligible entities
(1) Subgrants
A State educational agency receiving a
grant under this subpart shall use a portion of
the grant funds, in accordance with clauses (ii)
and (iii) of section 6642(d)(2)(D) of this title, to
award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to
carry out the authorized activities described
in subsections (c) and (d).
(2) Duration
The term of a subgrant under this section
shall be determined by the State educational
agency awarding the subgrant and shall in no
case exceed 5 years.
(3) Sufficient size and scope
A State educational agency shall award subgrants under this section of sufficient size and
scope to allow the eligible entities to carry
out high-quality comprehensive literacy instruction in each grade level for which the
subgrant funds are provided.
(4) Local applications
An eligible entity desiring to receive a
subgrant under this section shall submit an
application to the State educational agency at
such time, in such manner, and containing
such information as the State educational
agency may require. Such application shall include, for each school that the eligible entity
identifies as participating in a subgrant program under this section, the following information:
(A) A description of the eligible entity’s
needs assessment conducted to identify how
subgrant funds will be used to inform and
improve comprehensive literacy instruction
at the school.

Page 1455

TITLE 20—EDUCATION

(B) How the school, the local educational
agency, or a provider of high-quality professional development will provide ongoing
high-quality professional development to all
teachers, principals, other school leaders,
specialized instructional support personnel
(as appropriate), and other instructional
leaders served by the school.
(C) How the school will identify children in
need of literacy interventions or other support services.
(D) An explanation of how the school will
integrate comprehensive literacy instruction into a well-rounded education.
(E) A description of how the school will coordinate comprehensive literacy instruction
with early childhood education programs
and activities and after-school programs and
activities in the area served by the local
educational agency.
(b) Priority
In awarding grants under this section, the
State educational agency shall give priority to
an eligible entity that will use funds under subsection (c) or (d) to implement evidence-based
activities, defined for the purpose of this subsection as activities meeting the requirements
of section 7801(21)(A)(i) of this title.
(c) Local uses of funds for kindergarten through
grade 5
An eligible entity that receives a subgrant
under this section shall use the subgrant funds
to carry out the following activities pertaining
to children in kindergarten through grade 5:
(1) Developing and implementing a comprehensive literacy instruction plan across
content areas for such children that—
(A) serves the needs of all children, including children with disabilities and English
learners, especially children who are reading
or writing below grade level;
(B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children
whose literacy skills are below grade level;
and
(C) supports activities that are provided
primarily during the regular school day but
that may be augmented by after-school and
out-of-school time instruction.
(2) Providing high-quality professional development opportunities for teachers, literacy
coaches, literacy specialists, English as a second language specialists (as appropriate), principals, other school leaders, specialized instructional support personnel, school librarians, paraprofessionals, and other program
staff.
(3) Training principals, specialized instructional support personnel, and other local educational agency personnel to support, develop,
administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives.
(4) Coordinating the involvement of early
childhood education program staff, principals,
other instructional leaders, teachers, teacher
literacy teams, English as a second language
specialists (as appropriate), special educators,
school personnel, and specialized instructional

§ 6644

support personnel (as appropriate) in the literacy development of children served under
this subsection.
(5) Engaging families and encouraging family literacy experiences and practices to support literacy development.
(d) Local uses of funds for grades 6 through 12
An eligible entity that receives a subgrant
under this section shall use subgrant funds to
carry out the following activities pertaining to
children in grades 6 through 12:
(1) Developing and implementing a comprehensive literacy instruction plan described
in subsection (c)(1) for children in grades 6
through 12.
(2) Training principals, specialized instructional support personnel, school librarians,
and other local educational agency personnel
to support, develop, administer, and evaluate
high-quality comprehensive literacy instruction initiatives for grades 6 through 12.
(3) Assessing the quality of adolescent comprehensive literacy instruction as part of a
well-rounded education.
(4) Providing time for teachers to meet to
plan evidence-based adolescent comprehensive
literacy instruction to be delivered as part of
a well-rounded education.
(5) Coordinating the involvement of principals, other instructional leaders, teachers,
teacher literacy teams, English as a second
language specialists (as appropriate), paraprofessionals, special educators, specialized instructional support personnel (as appropriate),
and school personnel in the literacy development of children served under this subsection.
(e) Allowable uses
An eligible entity that receives a subgrant
under this section may, in addition to carrying
out the activities described in subsections (c)
and (d), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12:
(1) Recruiting, placing, training, and compensating literacy coaches.
(2) Connecting out-of-school learning opportunities to in-school learning in order to improve children’s literacy achievement.
(3) Training families and caregivers to support the improvement of adolescent literacy.
(4) Providing for a multi-tier system of supports for literacy services.
(5) Forming a school literacy leadership
team to help implement, assess, and identify
necessary changes to the literacy initiatives
in 1 or more schools to ensure success.
(6) Providing time for teachers (and other
literacy staff, as appropriate, such as school
librarians or specialized instructional support
personnel) to meet to plan comprehensive literacy instruction.
(Pub. L. 89–10, title II, § 2224, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1941.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6644, Pub. L. 89–10, title II, § 2204, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

TITLE 20—EDUCATION

§ 6645

3622, related to consortium requirement, prior to its
omission in the general amendment of this subchapter
by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6645. National evaluation and information dissemination
(a) National evaluation
From funds reserved under section 6642(b)(1) of
this title, the Director of the Institute of Education Sciences shall conduct a national evaluation of the grant and subgrant programs assisted
under this subpart. Such evaluation shall include high-quality research that applies rigorous and systematic procedures to obtain valid
knowledge relevant to the implementation and
effect of the programs and shall directly coordinate with individual State evaluations of the
programs’ implementation and impact.
(b) Program improvement
The Secretary shall—
(1) provide the findings of the evaluation
conducted under this section to State educational agencies and subgrant recipients for
use in program improvement;
(2) make such findings publicly available, including on the websites of the Department and
the Institute of Education Sciences;
(3) submit such findings to the Committee
on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education
and the Workforce of the House of Representatives; and
(4) make publicly available, in a manner
consistent with paragraph (2), best practices
for implementing evidence-based activities
under this subpart, including evidence-based
activities, defined for the purpose of this paragraph as activities meeting the requirements
of section 7801(21)(A)(i) of this title.
(Pub. L. 89–10, title II, § 2225, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1943.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6645, Pub. L. 89–10, title II, § 2205, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3622; amended Pub. L. 104–208, div. A, title I, § 101(e)
[title VII, § 709(b)(3)(A)], Sept. 30, 1996, 110 Stat. 3009–233,
3009–313, related to State applications, prior to its
omission in the general amendment of this subchapter
by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries

Page 1456

grams, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6646. Innovative approaches to literacy
(a) In general
From amounts reserved under section 6621(2)
of this title, the Secretary may award grants,
contracts, or cooperative agreements, on a competitive basis, to eligible entities for the purposes of promoting literacy programs that support the development of literacy skills in low-income communities, including—
(1) developing and enhancing effective school
library programs, which may include providing professional development for school librarians, books, and up-to-date materials to
high-need schools;
(2) early literacy services, including pediatric literacy programs through which, during
well-child visits, medical providers trained in
research-based methods of early language and
literacy promotion provide developmentally
appropriate books and recommendations to
parents to encourage them to read aloud to
their children starting in infancy; and
(3) programs that provide high-quality books
on a regular basis to children and adolescents
from low-income communities to increase
reading motivation, performance, and frequency.
(b) Definitions
In this section:
(1) Eligible entity
The term ‘‘eligible entity’’ means—
(A) a local educational agency in which 20
percent or more of the students served by
the local educational agency are from families with an income below the poverty line;
(B) a consortium of such local educational
agencies;
(C) the Bureau of Indian Education; or
(D) an eligible national nonprofit organization.
(2) Eligible national nonprofit organization
The term ‘‘eligible national nonprofit organization’’ means an organization of national
scope that—
(A) is supported by staff, which may include volunteers, or affiliates at the State
and local levels; and
(B) demonstrates effectiveness or highquality plans for addressing childhood literacy activities for the population targeted
by the grant.
(Pub. L. 89–10, title II, § 2226, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1944.)
Editorial Notes

CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive pro-

PRIOR PROVISIONS
Prior sections 6646 to 6650 were omitted in the general
amendment of this subchapter by Pub. L. 107–110.
Section 6646, Pub. L. 89–10, title II, § 2206, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3625;
amended Pub. L. 105–277, div. A, § 101(f) [title VIII,
§ 101(b)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–406, related to priority for professional development in mathematics and science.

Page 1457

TITLE 20—EDUCATION

Section 6647, Pub. L. 89–10, title II, § 2207, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3625,
related to State-level activities.
Section 6648, Pub. L. 89–10, title II, § 2208, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3626;
amended Pub. L. 104–208, div. A, title I, § 101(e) [title
VII, § 709(b)(3)(A)], Sept. 30, 1996, 110 Stat. 3009–233,
3009–313, related to local plan and application for improving teaching and learning.
Section 6649, Pub. L. 89–10, title II, § 2209, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3628;
amended Pub. L. 104–208, div. A, title I, § 101(e) [title
VII, § 709(b)(3)(A)], Sept. 30, 1996, 110 Stat. 3009–233,
3009–313, related to local cost-sharing.
Section 6650, Pub. L. 89–10, title II, § 2210, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3629,
related to local allocation of funds and allowable activities.
Prior section 6651, Pub. L. 89–10, title II, § 2151, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1635, related to national activities of demonstrated effectiveness, prior to repeal by Pub. L.
114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806,
1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Another prior section 6651, Pub. L. 89–10, title II,
§ 2211, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3632, related to higher education activities,
prior to the general amendment of this subchapter by
Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.
SUBPART 3—AMERICAN HISTORY AND CIVICS
EDUCATION

§ 6661. Program authorized
(a) In general
From the amount reserved by the Secretary
under section 6621(3) of this title, the Secretary
is authorized to carry out an American history
and civics education program to improve—
(1) the quality of American history, civics,
and government education by educating students about the history and principles of the
Constitution of the United States, including
the Bill of Rights; and
(2) the quality of the teaching of American
history, civics, and government in elementary
schools and secondary schools, including the
teaching of traditional American history.
(b) Funding allotment
Of the amount available under subsection (a)
for a fiscal year, the Secretary—
(1) shall reserve not less than 26 percent for
activities under section 6662 of this title; and
(2) may reserve not more than 74 percent for
activities under section 6663 of this title.
(Pub. L. 89–10, title II, § 2231, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1945.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6661, Pub. L. 89–10, title II, § 2201, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115

§ 6662

Stat. 1642, set forth purpose of part B of former subchapter II of this chapter and defined terms, prior to
repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015,
129 Stat. 1806, 1913, effective Dec. 10, 2015, except with
respect to certain noncompetitive programs and competitive programs.
Another prior section 6661, Pub. L. 89–10, title II,
§ 2251, as added Pub. L. 105–277, div. A, § 101(f) [title VIII,
§ 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–391, set
forth purposes of former part relating to reading and
literacy grants, prior to the general amendment of this
subchapter by Pub. L. 107–110.
Prior sections 6661a to 6661i were omitted in the general amendment of this subchapter by Pub. L. 107–110.
Section 6661a, Pub. L. 89–10, title II, § 2252, as added
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–392; amended Pub.
L. 106–554, § 1(a)(4) [div. B, title XVI, § 1606(b)(2)(A)],
Dec. 21, 2000, 114 Stat. 2763, 2763A–335, defined terms for
purposes of former part.
Section 6661b, Pub. L. 89–10, title II, § 2253, as added
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–393, related to reading and literacy grants to State educational agencies.
Section 6661c, Pub. L. 89–10, title II, § 2254, as added
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–397, related to use
of amounts by State educational agencies.
Section 6661d, Pub. L. 89–10, title II, § 2255, as added
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–397, related to local
reading improvement subgrants.
Section 6661e, Pub. L. 89–10, title II, § 2256, as added
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–401, related to tutorial assistance subgrants.
Section 6661f, Pub. L. 89–10, title II, § 2257, as added
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–405, related to national evaluation of programs under former part.
Section 6661g, Pub. L. 89–10, title II, § 2258, as added
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–405, related to information dissemination.
Section 6661h, Pub. L. 89–10, title II, § 2259, as added
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–405, related to State
evaluations and performance reports.
Section 6661i, Pub. L. 89–10, title II, § 2260, as added
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 101(a)(2)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–406; amended Pub.
L. 106–554, § 1(a)(4) [div. B, title XVI, § 1606(b)(2)(B)], Dec.
21, 2000, 114 Stat. 2763, 2763A–335, related to authorization of appropriations, reservations from appropriations, and sunset.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6662. Presidential and Congressional Academies for American History and Civics
(a) In general
From the amounts reserved under section
6661(b)(1) of this title for a fiscal year, the Secretary shall award not more than 12 grants, on
a competitive basis, to—
(1) eligible entities to establish Presidential
Academies for the Teaching of American History and Civics (in this section referred to as
the ‘‘Presidential Academies’’) in accordance
with subsection (e); and

§ 6662

TITLE 20—EDUCATION

(2) eligible entities to establish Congressional Academies for Students of American
History and Civics (in this section referred to
as the ‘‘Congressional Academies’’) in accordance with subsection (f).
(b) Application
An eligible entity that desires to receive a
grant under subsection (a) shall submit an application to the Secretary at such time and in such
manner as the Secretary may reasonably require.
(c) Eligible entity
The term ‘‘eligible entity’’ under this section
means—
(1) an institution of higher education or nonprofit educational organization, museum, library, or research center with demonstrated
expertise in historical methodology or the
teaching of American history and civics; or
(2) a consortium of entities described in
paragraph (1).
(d) Grant terms
Grants awarded to eligible entities under subsection (a) shall be for a term of not more than
5 years.
(e) Presidential Academies
(1) Use of funds
Each eligible entity that receives a grant
under subsection (a)(1) shall use the grant
funds to establish a Presidential Academy
that offers a seminar or institute for teachers
of American history and civics, which—
(A) provides intensive professional development opportunities for teachers of American history and civics to strengthen such
teachers’ knowledge of the subjects of American history and civics;
(B) is led by a team of primary scholars
and core teachers who are accomplished in
the field of American history and civics;
(C) is conducted during the summer or
other appropriate time; and
(D) is of not less than 2 weeks and not
more than 6 weeks in duration.
(2) Selection of teachers
Each year, each Presidential Academy shall
select between 50 and 300 teachers of American
history and civics from public or private elementary schools and secondary schools to attend the seminar or institute under paragraph
(1).
(3) Teacher stipends
Each teacher selected to participate in a
seminar or institute under this subsection
shall be awarded a fixed stipend based on the
length of the seminar or institute to ensure
that such teacher does not incur personal
costs associated with the teacher’s participation in the seminar or institute.
(4) Priority
In awarding grants under subsection (a)(1),
the Secretary shall give priority to eligible entities that coordinate or align their activities
with the National Park Service National Centennial Parks initiative to develop innovative
and comprehensive programs using the resources of the National Parks.

Page 1458

(f) Congressional Academies
(1) Use of funds
Each eligible entity that receives a grant
under subsection (a)(2) shall use the grant
funds to establish a Congressional Academy
that offers a seminar or institute for outstanding students of American history and
civics, which—
(A) broadens and deepens such students’
understanding of American history and
civics;
(B) is led by a team of primary scholars
and core teachers who are accomplished in
the field of American history and civics;
(C) is conducted during the summer or
other appropriate time; and
(D) is of not less than 2 weeks and not
more than 6 weeks in duration.
(2) Selection of students
(A) In general
Each year, each Congressional Academy
shall select between 100 and 300 eligible students to attend the seminar or institute
under paragraph (1).
(B) Eligible students
A student shall be eligible to attend a seminar or institute offered by a Congressional
Academy under this subsection if the student—
(i) is recommended by the student’s secondary school principal or other school
leader to attend the seminar or institute;
and
(ii) will be a secondary school junior or
senior in the academic year following attendance at the seminar or institute.
(3) Student stipends
Each student selected to participate in a
seminar or institute under this subsection
shall be awarded a fixed stipend based on the
length of the seminar or institute to ensure
that such student does not incur personal
costs associated with the student’s participation in the seminar or institute.
(g) Matching funds
(1) In general
An eligible entity that receives funds under
subsection (a) shall provide, toward the cost of
the activities assisted under the grant, from
non-Federal sources, an amount equal to 100
percent of the amount of the grant.
(2) Waiver
The Secretary may waive all or part of the
matching requirement described in paragraph
(1) for any fiscal year for an eligible entity if
the Secretary determines that applying the
matching requirement would result in serious
hardship or an inability to carry out the activities described in subsection (e) or (f).
(Pub. L. 89–10, title II, § 2232, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1945.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6662, Pub. L. 89–10, title II, § 2202, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115

Page 1459

TITLE 20—EDUCATION

Stat. 1644, related to grants for mathematics and
science partnerships, prior to repeal by Pub. L. 114–95,
§ 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
A prior section 2202 of Pub. L. 89–10 was classified to
section 6642 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Another prior section 2202 of Pub. L. 89–10 was classified to section 3012 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.
AMERICAN HISTORY AND CIVICS EDUCATION
Pub. L. 108–474, Dec. 21, 2004, 118 Stat. 3898, as amended by Pub. L. 114–95, title IX, § 9215(j), Dec. 10, 2015, 129
Stat. 2168, provided that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘American History and
Civics Education Act of 2004’.
‘‘SEC. 2. PRESIDENTIAL ACADEMIES FOR TEACHING OF AMERICAN HISTORY AND CIVICS; CONGRESSIONAL ACADEMIES FOR STUDENTS OF
AMERICAN HISTORY AND CIVICS.
‘‘(a) ESTABLISHMENT.—The Secretary of Education
(referred to in this Act as the ‘Secretary’) may award
not more than 12 grants, on a competitive basis—
‘‘(1) to entities to establish Presidential Academies
for Teaching of American History and Civics that
may offer workshops for both veteran and new teachers of American history and civics; and
‘‘(2) to entities to establish Congressional Academies for Students of American History and Civics.
‘‘(b) APPLICATION.—An entity that desires to receive a
grant under subsection (a) shall submit an application
to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
‘‘(c) DEMONSTRATED EXPERTISE.—The Secretary shall
require that each entity, to be eligible to receive a
grant under this section, demonstrate expertise in historical methodology or the teaching of history.
‘‘(d) AVAILABLE FUNDS.—To carry out this section,
the Secretary may use any funds appropriated for fiscal
year 2005 or any subsequent fiscal year to carry out section 2232 of the Elementary and Secondary Education
Act of 1965 [20 U.S.C. 6662].
‘‘SEC. 3. NATIONAL HISTORY DAY PROGRAM.
‘‘The Secretary may award grants to the National
History Day Program for the purpose of continuing and
expanding its activities to promote the study of history
and improve instruction.’’
[Pub. L. 114–95, title IX, § 9215(j), Dec. 10, 2015, 129
Stat. 2168, which directed amendment of section 2(d) of
Pub. L. 108–474, set out above, by substituting ‘‘to carry
out section 2232 of the Elementary and Secondary Education Act of 1965’’ for ‘‘to carry out part D of title V
of the Elementary and Secondary Education Act of
1965’’, was executed by making the substitution for ‘‘to
carry out part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.)’’ to
reflect the probable intent of Congress.]

§ 6663. National activities
(a) Purpose
The purpose of this section is to promote new
and existing evidence-based strategies to encourage innovative American history, civics and

§ 6663

government, and geography instruction, learning strategies, and professional development activities and programs for teachers, principals, or
other school leaders, particularly such instruction, strategies, activities, and programs that
benefit low-income students and underserved
populations.
(b) In general
From the amounts reserved by the Secretary
under section 6661(b)(2) of this title, the Secretary shall award grants, on a competitive
basis, to eligible entities for the purposes of expanding, developing, implementing, evaluating,
and disseminating for voluntary use, innovative,
evidence-based approaches or professional development programs in American history, civics
and government, and geography, which—
(1) shall—
(A) show potential to improve the quality
of student achievement in, and teaching of,
American history, civics and government, or
geography, in elementary schools and secondary schools; and
(B) demonstrate innovation, scalability,
accountability, and a focus on underserved
populations; and
(2) may include—
(A) hands-on civic engagement activities
for teachers and students; and
(B) programs that educate students about
the history and principles of the Constitution of the United States, including the Bill
of Rights.
(c) Program periods and diversity of projects
(1) In general
A grant awarded by the Secretary to an eligible entity under this section shall be for a
period of not more than 3 years.
(2) Renewal
The Secretary may renew a grant awarded
under this section for 1 additional 2-year period.
(3) Diversity of projects
In awarding grants under this section, the
Secretary shall ensure that, to the extent
practicable, grants are distributed among eligible entities that will serve geographically
diverse areas, including urban, suburban, and
rural areas.
(d) Applications
In order to receive a grant under this section,
an eligible entity shall submit an application to
the Secretary at such time and in such manner
as the Secretary may reasonably require.
(e) Eligible entity
In this section, the term ‘‘eligible entity’’
means an institution of higher education or
other nonprofit or for-profit organization with
demonstrated expertise in the development of
evidence-based approaches with the potential to
improve the quality of American history, civics
and government, or geography learning and
teaching.
(Pub. L. 89–10, title II, § 2233, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1947.)

TITLE 20—EDUCATION

§ 6671
Editorial Notes
PRIOR PROVISIONS

A prior section 6663, Pub. L. 89–10, title II, § 2203, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1647, authorized appropriations to carry out part
B of former subchapter II of this chapter, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015,
129 Stat. 1806, 1913, effective Dec. 10, 2015, except with
respect to certain noncompetitive programs and competitive programs.
A prior section 2203 of Pub. L. 89–10 was classified to
section 6643 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Another prior section 2203 of Pub. L. 89–10 was classified to section 3013 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.
SUBPART 4—PROGRAMS OF NATIONAL
SIGNIFICANCE

§ 6671. Funding allotment
From the funds reserved under section 6621(4)
of this title, the Secretary—
(1) shall use not less than 74 percent to carry
out activities under section 6672 of this title;
(2) shall use not less than 22 percent to carry
out activities under section 6673 of this title;
(3) shall use not less than 2 percent to carry
out activities under section 6674 of this title;
and
(4) may reserve not more than 2 percent to
carry out activities under section 6675 of this
title.
(Pub. L. 89–10, title II, § 2241, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1948.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6671, Pub. L. 89–10, title II, § 2301, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1648; amended Pub. L. 107–296, title XVII,
§ 1704(e)(8), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 109–163,
div. A, title V, § 515(g)(1), Jan. 6, 2006, 119 Stat. 3236, defined terms for division A of subpart 1 of part C of
former subchapter II of this chapter, prior to repeal by
Pub. L. 112–239, div. A, title V, § 541(d)(1), Jan. 2, 2013,
126 Stat. 1735.
Another prior section 6671, Pub. L. 89–10, title II,
§ 2301, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3633, set forth findings and purpose of former
part relating to professional development demonstration project, prior to the general amendment of this
subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

Page 1460

§ 6672. Supporting effective educator development
(a) In general
From the funds reserved by the Secretary
under section 6671(1) of this title for a fiscal
year, the Secretary shall award grants, on a
competitive basis, to eligible entities for the
purposes of—
(1) providing teachers, principals, or other
school leaders from nontraditional preparation and certification routes or pathways to
serve in traditionally underserved local educational agencies;
(2) providing evidence-based professional development activities that address literacy,
numeracy, remedial, or other needs of local
educational agencies and the students the
agencies serve;
(3) providing teachers, principals, or other
school leaders with professional development
activities that enhance or enable the provision
of postsecondary coursework through dual or
concurrent enrollment programs and early
college high school settings across a local educational agency;
(4) making freely available services and
learning opportunities to local educational
agencies, through partnerships and cooperative agreements or by making the services or
opportunities publicly accessible through electronic means; or
(5) providing teachers, principals, or other
school leaders with evidence-based professional enhancement activities, which may include activities that lead to an advanced credential.
(b) Program periods and diversity of projects
(1) In general
A grant awarded by the Secretary to an eligible entity under this section shall be for a
period of not more than 3 years.
(2) Renewal
The Secretary may renew a grant awarded
under this section for 1 additional 2-year period.
(3) Diversity of projects
In awarding grants under this section, the
Secretary shall ensure that, to the extent
practicable, grants are distributed among eligible entities that will serve geographically
diverse areas, including urban, suburban, and
rural areas.
(4) Limitation
The Secretary shall not award more than 1
grant under this section to an eligible entity
during a grant competition.
(c) Cost-sharing
(1) In general
An eligible entity that receives a grant
under this section shall provide, from nonFederal sources, not less than 25 percent of the
funds for the total cost for each year of activities carried out under this section.
(2) Acceptable contributions
An eligible entity that receives a grant
under this section may meet the requirement

Page 1461

TITLE 20—EDUCATION

of paragraph (1) by providing contributions in
cash or in kind, fairly evaluated, including
plant, equipment, and services.
(3) Waivers
The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship.
(d) Applications
In order to receive a grant under this section,
an eligible entity shall submit an application to
the Secretary at such time and in such manner
as the Secretary may reasonably require. Such
application shall include, at a minimum, a certification that the services provided by an eligible entity under the grant to a local educational
agency or to a school served by the local educational agency will not result in direct fees for
participating students or parents.
(e) Priority
In awarding grants under this section, the Secretary shall give priority to an eligible entity
that will implement evidence-based activities,
defined for the purpose of this subsection as activities meeting the requirements of section
7801(21)(A)(i) of this title.
(f) Definition of eligible entity
In this section, the term ‘‘eligible entity’’
means—
(1) an institution of higher education that
provides course materials or resources that
are evidence-based in increasing academic
achievement, graduation rates, or rates of
postsecondary education matriculation;
(2) a national nonprofit entity with a demonstrated record of raising student academic
achievement, graduation rates, and rates of
higher education attendance, matriculation,
or completion, or of effectiveness in providing
preparation and professional development activities and programs for teachers, principals,
or other school leaders;
(3) the Bureau of Indian Education; or
(4) a partnership consisting of—
(A) 1 or more entities described in paragraph (1) or (2); and
(B) a for-profit entity.
(Pub. L. 89–10, title II, § 2242, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1948.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6672, Pub. L. 89–10, title II, § 2302, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1648, authorized funding and administration of
the Troops-to-Teachers Program, prior to repeal by
Pub. L. 112–239, div. A, title V, § 541(d)(1), Jan. 2, 2013,
126 Stat. 1735.
Another prior section 6672, Pub. L. 89–10, title II,
§ 2302, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3633, authorized professional development
demonstration program, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive pro-

§ 6673

grams, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6673. School leader recruitment and support
(a) In general
From the funds reserved under section 6671(2)
of this title for a fiscal year, the Secretary shall
award grants, on a competitive basis, to eligible
entities to enable such entities to improve the
recruitment, preparation, placement, support,
and retention of effective principals or other
school leaders in high-need schools, which may
include—
(1) developing or implementing leadership
training programs designed to prepare and
support principals or other school leaders in
high-need schools, including through new or
alternative pathways or school leader residency programs;
(2) developing or implementing programs or
activities for recruiting, selecting, and developing aspiring or current principals or other
school leaders to serve in high-need schools;
(3) developing or implementing programs for
recruiting, developing, and placing school
leaders to improve schools implementing comprehensive support and improvement activities and targeted support and improvement activities under section 6311(d) of this title, including through cohort-based activities that
build effective instructional and school leadership teams and develop a school culture, design, instructional program, and professional
development program focused on improving
student learning;
(4) providing continuous professional development for principals or other school leaders
in high-need schools;
(5) developing and disseminating information on best practices and strategies for effective school leadership in high-need schools,
such as training and supporting principals to
identify, develop, and maintain school leadership teams using various leadership models;
and
(6) other evidence-based programs or activities described in section 6611(c)(4) of this title
or section 6613(b)(3) of this title focused on
principals or other school leaders in high-need
schools.
(b) Program periods and diversity of projects
(1) In general
A grant awarded by the Secretary to an eligible entity under this section shall be for a
period of not more than 5 years.
(2) Renewal
The Secretary may renew a grant awarded
under this section for 1 additional 2-year period.
(3) Diversity of projects
In awarding grants under this section, the
Secretary shall ensure that, to the extent
practicable, grants are distributed among eligible entities that will serve geographically
diverse areas, including urban, suburban, and
rural areas.

§ 6674

TITLE 20—EDUCATION

(4) Limitation
The Secretary shall not award more than 1
grant under this section to an eligible entity
during a grant competition.
(c) Cost-sharing
(1) In general
An eligible entity that receives a grant
under this section shall provide, from nonFederal sources, not less than 25 percent of the
funds for the total cost for each year of activities carried out under this section.
(2) Acceptable contributions
An eligible entity that receives a grant
under this section may meet the requirement
of paragraph (1) by providing contributions in
cash or in kind, fairly evaluated, including
plant, equipment, and services.
(3) Waivers
The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship.
(d) Applications
An eligible entity that desires a grant under
this section shall submit to the Secretary an application at such time, and in such manner, as
the Secretary may require.
(e) Priority
In awarding grants under this section, the Secretary shall give priority to an eligible entity—
(1) with a record of preparing or developing
principals who—
(A) have improved school-level student
outcomes;
(B) have become principals in high-need
schools; and
(C) remain principals in high-need schools
for multiple years; and
(2) who will implement evidence-based activities, defined for the purpose of this paragraph as activities meeting the requirements
of section 7801(21)(A)(i) of this title.
(f) Definitions
In this section:
(1) Eligible entity
The term ‘‘eligible entity’’ means—
(A) a local educational agency, including
an educational service agency, that serves a
high-need school or a consortium of such
agencies;
(B) a State educational agency or a consortium of such agencies;
(C) a State educational agency in partnership with 1 or more local educational agencies, or educational service agencies, that
serve a high-need school;
(D) the Bureau of Indian Education; or
(E) an entity described in subparagraph
(A), (B), (C), or (D) in partnership with 1 or
more nonprofit organizations or institutions
of higher education.
(2) High-need school
The term ‘‘high-need school’’ means—
(A) an elementary school in which not less
than 50 percent of the enrolled students are
from families with incomes below the poverty line; or

Page 1462

(B) a secondary school in which not less
than 40 percent of the enrolled students are
from families with incomes below the poverty line.
(Pub. L. 89–10, title II, § 2243, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1949.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6673, Pub. L. 89–10, title II, § 2303, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1649, related to recruitment and selection of
Troops-to-Teachers Program participants, prior to repeal by Pub. L. 112–239, div. A, title V, § 541(d)(1), Jan.
2, 2013, 126 Stat. 1735.
Another prior section 6673, Pub. L. 89–10, title II,
§ 2303, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3634, related to grants for the implementation
of professional development programs, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6674. Technical assistance and national evaluation
(a) In general
From the funds reserved under section 6671(3)
of this title for a fiscal year, the Secretary—
(1) shall establish, in a manner consistent
with section 9602 of this title, a comprehensive
center on students at risk of not attaining full
literacy skills due to a disability that meets
the purposes of subsection (b); and
(2) may—
(A) provide technical assistance, which
may be carried out directly or through
grants or contracts, to States and local educational agencies carrying out activities
under this part; and
(B) carry out evaluations of activities by
States and local educational agencies under
this part, which shall be conducted by a
third party or by the Institute of Education
Sciences.
(b) Purposes
The comprehensive center established by the
Secretary under subsection (a)(1) shall—
(1) identify or develop free or low-cost evidence-based assessment tools for identifying
students at risk of not attaining full literacy
skills due to a disability, including dyslexia
impacting reading or writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive
functioning;
(2) identify evidence-based literacy instruction, strategies, and accommodations, including assistive technology, designed to meet the
specific needs of such students;
(3) provide families of such students with information to assist such students;
(4) identify or develop evidence-based professional development for teachers, paraprofes-

Page 1463

TITLE 20—EDUCATION

sionals, principals, other school leaders, and
specialized instructional support personnel
to—
(A) understand early indicators of students
at risk of not attaining full literacy skills
due to a disability, including dyslexia impacting reading or writing, or developmental
delay impacting reading, writing, language
processing, comprehension, or executive
functioning;
(B) use evidence-based screening assessments for early identification of such students beginning not later than kindergarten;
and
(C) implement evidence-based instruction
designed to meet the specific needs of such
students; and
(5) disseminate the products of the comprehensive center to regionally diverse State
educational agencies, local educational agencies, regional educational agencies, and
schools, including, as appropriate, through
partnerships with other comprehensive centers established under section 9602 of this title,
and regional educational laboratories established under section 9564 of this title.
(Pub. L. 89–10, title II, § 2244, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1951.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6674, Pub. L. 89–10, title II, § 2304, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1651, related to participation agreements with,
and financial assistance for, Troops-to-Teachers Program participants, prior to repeal by Pub. L. 112–239,
div. A, title V, § 541(d)(1), Jan. 2, 2013, 126 Stat. 1735.
Another prior section 6674, Pub. L. 89–10, title II,
§ 2304, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3634, related to plan for program to be assisted, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6675. STEM master teacher corps
(a) In general
From the funds reserved under section 6671(4)
of this title for a fiscal year, the Secretary may
award grants to—
(1) State educational agencies to enable such
agencies to support the development of a
State-wide STEM master teacher corps; or
(2) State educational agencies, or nonprofit
organizations in partnership with State educational agencies, to support the implementation, replication, or expansion of effective
science, technology, engineering, and mathematics professional development programs in
schools across the State through collaboration
with school administrators, principals, and
STEM educators.
(b) STEM master teacher corps
In this section, the term ‘‘STEM master
teacher corps’’ means a State-led effort to ele-

§ 6675

vate the status of the science, technology, engineering, and mathematics teaching profession
by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathematics teachers, particularly
in high-need and rural schools, by—
(1) selecting candidates to be master teachers in the corps on the basis of—
(A) content knowledge based on a screening examination; and
(B) pedagogical knowledge of and success
in teaching;
(2) offering such teachers opportunities to—
(A) work with one another in scholarly
communities; and
(B) participate in and lead high-quality
professional development; and
(3) providing such teachers with additional
appropriate and substantial compensation for
the work described in paragraph (2) and in the
master teacher community.
(Pub. L. 89–10, title II, § 2245, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1952.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 6675 to 6677 were repealed by Pub. L.
112–239, div. A, title V, § 541(d)(1), Jan. 2, 2013, 126 Stat.
1735.
Section 6675, Pub. L. 89–10, title II, § 2305, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1654,
related to participation by States in the Troops-toTeachers Program.
Another prior section 6675, Pub. L. 89–10, title II,
§ 2305, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3635, related to technical assistance, prior to
the general amendment of this subchapter by Pub. L.
107–110.
Section 6676, Pub. L. 89–10, title II, § 2306, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1654,
related to support of innovative preretirement teacher
certification programs.
Another prior section 6676, Pub. L. 89–10, title II,
§ 2306, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3635, related to matching funds from private
sources, prior to the general amendment of this subchapter by Pub. L. 107–110.
Section 6677, Pub. L. 89–10, title II, § 2307, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1655;
amended Pub. L. 107–296, title XVII, § 1704(e)(9), Nov. 25,
2002, 116 Stat. 2315, required a report not later than
Mar. 31, 2006, on the effectiveness of the Troops-toTeachers Program.
Prior sections 6681 to 6684 were repealed by Pub. L.
114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806,
1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Section 6681, Pub. L. 89–10, title II, § 2311, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1655,
set forth purposes of division B of subpart 1 of part C
of former subchapter II of this chapter.
Section 6682, Pub. L. 89–10, title II, § 2312, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1656,
defined terms in division B of subpart 1 of part C of
former subchapter II of this chapter.
Section 6683, Pub. L. 89–10, title II, § 2313, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1656,
related to transition to teaching grant program.
Section 6684, Pub. L. 89–10, title II, § 2314, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1659,
related to evaluation and accountability for recruiting
and retaining teachers.

TITLE 20—EDUCATION

§ 6681

Statutory Notes and Related Subsidiaries

(Pub. L. 116–13, § 3, Apr. 12, 2019, 133 Stat. 847.)

EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.
SUBPART 5—RECOGNIZING ACHIEVEMENT IN
CLASSIFIED SCHOOL EMPLOYEES

Editorial Notes
CODIFICATION
Subpart was enacted as part of the Recognizing
Achievement in Classified School Employees Act, and
not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter.

§ 6681. Findings
Congress finds the following:
(1) Classified school employees provide valuable service in the United States.
(2) Classified school employees provide essential services, such as transportation, facilities maintenance and operations, food service,
safety, and health care.
(3) Classified school employees play a vital
role in providing for the welfare and safety of
students.
(4) Classified school employees strive for excellence in all areas of service to the education community.
(5) Exemplary classified school employees
should be recognized for their outstanding
contributions to quality education in the
United States.
(Pub. L. 116–13, § 2, Apr. 12, 2019, 133 Stat. 847.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Recognizing
Achievement in Classified School Employees Act, and
not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter.

§ 6682. Definitions
In this subpart:
(1) Classified school employee
The term ‘‘classified school employee’’
means an employee of a State or of any political subdivision of a State, or an employee of
a nonprofit entity, who works in any grade
from prekindergarten through high school in
any of the following occupational specialties:
(A)
Paraprofessional,
including
paraeducator services.
(B) Clerical and administrative services.
(C) Transportation services.
(D) Food and nutrition services.
(E) Custodial and maintenance services.
(F) Security services.
(G) Health and student services.
(H) Technical services.
(I) Skilled trades.
(2) Other definitions
The terms used in this subpart have the
meanings given the terms in section 7801 of
this title.

Page 1464

Editorial Notes
CODIFICATION
Section was enacted as part of the Recognizing
Achievement in Classified School Employees Act, and
not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter.

§ 6683. Recognition program established
(a) In general
The Secretary of Education shall establish a
national recognition program to be known as
the ‘‘Recognizing Inspiring School Employees
Award Program’’ or the ‘‘award program’’. The
purpose of the award program shall be to recognize and promote the commitment and excellence exhibited by classified school employees
who provide exemplary service to students in
prekindergarten through high school.
(b) Award
(1) In general
Prior to May 31 of each year (beginning with
the second calendar year that begins after
April 12, 2019), the Secretary shall select a
classified school employee to receive the Recognizing Inspiring School Employees Award
for the year.
(2) Non-monetary value
The award and recognition provided under
this subpart shall have no monetary value.
(c) Selection process
(1) Nomination process
(A) In general
Not later than November 1 of each year
(beginning with the first calendar year that
begins after April 12, 2019), the Secretary
shall solicit nominations of classified school
employees from the occupational specialties
described in section 6682(1) of this title from
the Governor of each State.
(B) Nomination submissions
In order for individuals in a State to be eligible to receive recognition under this section, the Governor of the State shall consider nominations submitted by the following:
(i) Local educational agencies.
(ii) School administrators.
(iii) Professional associations.
(iv) Labor organizations.
(v) Educational service agencies.
(vi) Nonprofit entities.
(vii) Parents and students.
(viii) Any other group determined appropriate by the Secretary.
(2) Demonstration
Each Governor of a State who desires individuals in the State to receive recognition
under this section shall submit the nominations described in paragraph (1) to the Secretary in such manner as may be required by
the Secretary. Each such nomination shall
contain, at a minimum, demonstrations of excellence in the following areas:

Page 1465

TITLE 20—EDUCATION

(A) Work performance.
(B) School and community involvement.
(C) Leadership and commitment.
(D) Local support.
(E) Enhancement of classified school employees’ image in the community and
schools.
(3) Selection
The Secretary shall develop uniform national guidelines for evaluating nominations
submitted under paragraph (2) in order to select the most deserving nominees based on the
demonstrations made in the areas described in
such paragraph.
(Pub. L. 116–13, § 4, Apr. 12, 2019, 133 Stat. 848.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Recognizing
Achievement in Classified School Employees Act, and
not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter.

PART C—GENERAL PROVISIONS
§ 6691. Supplement, not supplant
Funds made available under this subchapter
shall be used to supplement, and not supplant,
non-Federal funds that would otherwise be used
for activities authorized under this subchapter.
(Pub. L. 89–10, title II, § 2301, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1953.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6691, Pub. L. 89–10, title II, § 2321, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1660, authorized appropriations for subpart 1 of
part C of former subchapter II of this chapter, prior to
repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015,
129 Stat. 1806, 1913, effective Dec. 10, 2015, except with
respect to certain noncompetitive programs and competitive programs.
A prior section 2301 of Pub. L. 89–10 was classified to
section 6671 of this title, prior to repeal by Pub. L.
112–239.
Another prior section 2301 of Pub. L. 89–10 was classified to section 6671 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6692. Rules of construction
(a) Prohibition against Federal mandates, direction, or control
Nothing in this subchapter shall be construed
to authorize the Secretary or any other officer
or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s—
(1) instructional content or materials, curriculum, program of instruction, academic
standards, or academic assessments;

§ 6692

(2) teacher, principal, or other school leader
evaluation system;
(3) specific definition of teacher, principal,
or other school leader effectiveness; or
(4) teacher, principal, or other school leader
professional standards, certification, or licensing.
(b) School or district employees
Nothing in this subchapter 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.
(Pub. L. 89–10, title II, § 2302, as added Pub. L.
114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1953.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2302 of Pub. L. 89–10 was classified to
section 6672 of this title, prior to repeal by Pub. L.
112–239.
Another prior section 2302 of Pub. L. 89–10 was classified to section 6672 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
Prior sections 6701, 6702, 6711 to 6716, 6721, and 6722
were repealed by Pub. L. 114–95, § 5, title II, § 2002, Dec.
10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs
and competitive programs.
Section 6701, Pub. L. 89–10, title II, § 2331, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1660,
set forth purposes of subpart 2 of part C of former subchapter II of this chapter.
Another prior section 6701, Pub. L. 89–10, title II,
§ 2401, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3635; amended Pub. L. 105–277, div. A, § 101(f)
[title VIII, § 101(b)(3)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–407, related to reporting and accountability, prior
to the general amendment of this subchapter by Pub.
L. 107–110.
Section 6702, Pub. L. 89–10, title II, § 2332, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1660,
related to the National Writing Project.
Another prior section 6702, Pub. L. 89–10, title II,
§ 2402, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3635; amended Pub. L. 105–277, div. A, § 101(f)
[title VIII, § 101(b)(4)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–407, defined terms used in this subchapter, prior to
the general amendment of this subchapter by Pub. L.
107–110.
Section 6711, Pub. L. 89–10, title II, § 2341, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1662,
provided that subpart 3 of part C of former subchapter
II of this chapter could be cited as the ‘‘Education for
Democracy Act’’.
Section 6712, Pub. L. 89–10, title II, § 2342, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1662,
set forth purpose of subpart 3 of part C of former subchapter II of this chapter.
Section 6713, Pub. L. 89–10, title II, § 2343, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1662,
related to authority to award grants or enter into contracts.
Section 6714, Pub. L. 89–10, title II, § 2344, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1663,
related to We the People program.
Section 6715, Pub. L. 89–10, title II, § 2345, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1664,
related to cooperative civic education and economic
education exchange programs.
Section 6716, Pub. L. 89–10, title II, § 2346, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1666,

§ 6692

TITLE 20—EDUCATION

authorized appropriations to carry out subpart 3 of part
C of former subchapter II of this chapter.
Section 6721, Pub. L. 89–10, title II, § 2351, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1666,
related to establishment of the Teaching American History Grant Program.
Section 6722, Pub. L. 89–10, title II, § 2352, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1667,
authorized appropriations to carry out subpart 4 of part
C of former subchapter II of this chapter.
A prior section 6731, Pub. L. 89–10, title II, § 2361, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1667, which set out short title of the Paul D.
Coverdell Teacher Protection Act of 2001, was renumbered section 8551 of title VIII of Pub. L. 89–10 by Pub.
L. 114–95, title II, § 2001(a)(3)(A), (B), (D), title VIII,
§ 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089, and
transferred to section 7941 of this title.
A prior section 6732, Pub. L. 89–10, title II, § 2362, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1667, which related to purpose, was renumbered
section 8552 of title VIII of Pub. L. 89–10 by Pub. L.
114–95, title II, § 2001(a)(3)(A), (B), (D), title VIII,
§ 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089, and
transferred to section 7942 of this title.
A prior section 6733, Pub. L. 89–10, title II, § 2363, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1667, which related to definitions, was renumbered
section 8553 of title VIII of Pub. L. 89–10 by Pub. L.
114–95, title II, § 2001(a)(3)(A), (B), (D), title VIII,
§ 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089, and
transferred to section 7943 of this title.
A prior section 6734, Pub. L. 89–10, title II, § 2364, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1668, which related to applicability, was renumbered section 8554 of title VIII of Pub. L. 89–10 by Pub.
L. 114–95, title II, § 2001(a)(3)(A), (B), (D), title VIII,
§ 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089, and
transferred to section 7944 of this title.
A prior section 6735, Pub. L. 89–10, title II, § 2365, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1668, which related to preemption and election of
State nonapplicability, was renumbered section 8555 of
title VIII of Pub. L. 89–10 by Pub. L. 114–95, title II,
§ 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7), Dec. 10,
2015, 129 Stat. 1913, 2088, 2089, and transferred to section
7945 of this title.
A prior section 6736, Pub. L. 89–10, title II, § 2366, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1668, which related to limitation on liability for
teachers, was renumbered section 8556 of title VIII of
Pub. L. 89–10 by Pub. L. 114–95, title II, § 2001(a)(3)(A),
(B), (D), title VIII, § 8001(a)(7), Dec. 10, 2015, 129 Stat.
1913, 2088, 2089, and transferred to section 7946 of this
title.
A prior section 6737, Pub. L. 89–10, title II, § 2367, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1670, which related to allocation of responsibility
for noneconomic loss, was renumbered section 8557 of
title VIII of Pub. L. 89–10 by Pub. L. 114–95, title II,
§ 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7), Dec. 10,
2015, 129 Stat. 1913, 2088, 2089, and transferred to section
7947 of this title.
A prior section 6738, Pub. L. 89–10, title II, § 2368, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1670, which set out effective date, was renumbered
section 8558 of title VIII of Pub. L. 89–10 by Pub. L.
114–95, title II, § 2001(a)(3)(A), (B), (D), title VIII,
§ 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089, and
transferred to section 7948 of this title.
Prior sections 6751 to 6754, 6761 to 6766, 6771, 6672, and
6775 were repealed by Pub. L. 114–95, § 5, title II, § 2002,
Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs.
Section 6751, Pub. L. 89–10, title II, § 2401, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1671,
provided that part D of former subchapter II of this
chapter could be cited as the ‘‘Enhancing Education
Through Technology Act of 2001’’.

Page 1466

A prior section 2401 of Pub. L. 89–10 was classified to
section 6701 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Section 6752, Pub. L. 89–10, title II, § 2402, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1671,
set forth purposes and goals of part D of former subchapter II of this chapter.
A prior section 2402 of Pub. L. 89–10 was classified to
section 6702 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Section 6753, Pub. L. 89–10, title II, § 2403, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1672,
defined terms.
Section 6754, Pub. L. 89–10, title II, § 2404, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1673,
authorized appropriations.
Section 6761, Pub. L. 89–10, title II, § 2411, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1673,
related to allotment and reallotment of funds.
Section 6762, Pub. L. 89–10, title II, § 2412, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1674,
related to use of allotment by State.
Section 6763, Pub. L. 89–10, title II, § 2413, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1675,
related to State applications.
Section 6764, Pub. L. 89–10, title II, § 2414, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1677,
related to local applications.
Section 6765, Pub. L. 89–10, title II, § 2415, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1679,
related to State activities.
Section 6766, Pub. L. 89–10, title II, § 2416, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1680,
related to local activities.
Section 6771, Pub. L. 89–10, title II, § 2421, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1682,
related to national activities.
Section 6772, Pub. L. 89–10, title II, § 2422, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1682,
related to national education technology plan.
Section 6775, Pub. L. 89–10, title II, § 2431, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1683,
related to Ready-to-Learn Television program.
A prior section 6777, Pub. L. 89–10, title II, § 2441, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1686, which related to Internet safety, was renumbered section 4121 of title IV of Pub. L. 89–10 by Pub. L.
114–95, title II, § 2001(a)(4)(A), (B), (D), title IV,
§ 4001(a)(5)(D), Dec. 10, 2015, 129 Stat. 1913, 1966, and
transferred to section 7131 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

SUBCHAPTER III—LANGUAGE INSTRUCTION
FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS
Editorial Notes
CODIFICATION
Pub. L. 114–95, title III, § 3001(1), Dec. 10, 2015, 129 Stat.
1953, substituted ‘‘ENGLISH LEARNERS’’ for ‘‘LIMITED ENGLISH PROFICIENT’’ in subchapter heading.
Title III 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 III is shown, herein, as having been added by Pub. L. 107–110, title III,
§ 301, Jan. 8, 2002, 115 Stat. 1689, without reference to
earlier amendments because of the extensive revision
of the title’s provisions by Pub. L. 107–110. See Codification note preceding section 6301 of this title.

Page 1467

TITLE 20—EDUCATION

§ 6801. Authorization of appropriations
There are authorized to be appropriated to
carry out this subchapter—
(1) $756,332,450 for fiscal year 2017;
(2) $769,568,267 for fiscal year 2018;
(3) $784,959,633 for fiscal year 2019; and
(4) $884,959,633 for fiscal year 2020.
(Pub. L. 89–10, title III, § 3001, as added Pub. L.
107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1689;
amended Pub. L. 114–95, title III, § 3002, Dec. 10,
2015, 129 Stat. 1953.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6801, Pub. L. 89–10, title III, § 3101, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3636, set out Short Title of prior subchapter III as the
Technology for Education Act of 1994, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 3001 of Pub. L. 89–10 was classified to
section 3021 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section consisted of subsecs. (a) to (c)
relating to authorizations of appropriations, conditions
on effectiveness of parts A and B of this subchapter,
and references to parts A and B of this subchapter.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT ACT
§ 6811. Short title
This part may be cited as the ‘‘English Language Acquisition, Language Enhancement, and
Academic Achievement Act’’.
(Pub. L. 89–10, title III, § 3101, as added Pub. L.
107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1690.)

lenging State academic standards that all
children are expected to meet;
(3) to assist teachers (including preschool
teachers), principals and other school leaders,
State educational agencies, local educational
agencies, and schools in establishing, implementing, and sustaining effective language instruction educational programs designed to
assist in teaching English learners, including
immigrant children and youth;
(4) to assist teachers (including preschool
teachers), principals and other school leaders,
State educational agencies, and local educational agencies to develop and enhance their
capacity to provide effective instructional programs designed to prepare English learners,
including immigrant children and youth, to
enter all-English instructional settings; and
(5) to promote parental, family, and community participation in language instruction
educational programs for the parents, families, and communities of English learners.
(Pub. L. 89–10, title III, § 3102, as added Pub. L.
107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1690;
amended Pub. L. 114–95, title III, § 3003(a), Dec.
10, 2015, 129 Stat. 1954.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6812, Pub. L. 89–10, title III, § 3112, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3638, set forth purpose of former part A of this subchapter, prior to the general amendment of this subchapter by Pub. L. 107–110.
Prior sections 6813 to 6815 were omitted in the general
amendment of this subchapter by Pub. L. 107–110.
Section 6813, Pub. L. 89–10, title III, § 3113, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3639;
amended Pub. L. 104–208, div. A, title I, § 101(e) [title
VII, § 709(a)(1), (3)], Sept. 30, 1996, 110 Stat. 3009–233,
3009–312; Pub. L. 105–220, title II, § 251(b)(2)(D), Aug. 7,
1998, 112 Stat. 1080, defined terms for purposes of prior
subchapter III.
Section 6814, Pub. L. 89–10, title III, § 3114, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3640,
authorized appropriations and set forth funding rule.
Section 6815, Pub. L. 89–10, title III, § 3115, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3641,
limited use of funds for administrative costs and technical assistance.
AMENDMENTS

Editorial Notes
PRIOR PROVISIONS
A prior section 6811, Pub. L. 89–10, title III, § 3111, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3637, set forth findings, prior to the general amendment
of this subchapter by Pub. L. 107–110.
A prior section 3101 of Pub. L. 89–10 was classified to
section 6801 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

§ 6812. Purposes
The purposes of this part are—
(1) to help ensure that English learners, including immigrant children and youth, attain
English proficiency and develop high levels of
academic achievement in English;
(2) to assist all English learners, including
immigrant children and youth, to achieve at
high levels in academic subjects so that all
English learners can meet the same chal-

§ 6821

2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section related to purposes of this part.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
SUBPART
1—GRANTS
AND
SUBGRANTS
FOR
ENGLISH LANGUAGE ACQUISITION AND LANGUAGE
ENHANCEMENT

§ 6821. Formula grants to States
(a) In general
In the case of each State educational agency
having a plan approved by the Secretary for a

§ 6821

TITLE 20—EDUCATION

fiscal year under section 6823 of this title, the
Secretary shall make a grant for the year to the
agency for the purposes specified in subsection
(b). The grant shall consist of the allotment determined for the State educational agency under
subsection (c).
(b) Use of funds
(1) Subgrants to eligible entities
The Secretary may make a grant under subsection (a) only if the State educational agency involved agrees to expend at least 95 percent of the State educational agency’s allotment under subsection (c) for a fiscal year—
(A) to award subgrants, from allocations
under section 6824 of this title, to eligible
entities to carry out the activities described
in section 6825 of this title (other than subsection (e)); and
(B) to award subgrants under section
6824(d)(1) of this title to eligible entities that
are described in that section to carry out the
activities described in section 6825(e) of this
title.
(2) State activities
Subject to paragraph (3), each State educational agency receiving a grant under subsection (a) may reserve not more than 5 percent of the agency’s allotment under subsection (c) to carry out one or more of the following activities:
(A) Establishing and implementing, with
timely and meaningful consultation with
local educational agencies representing the
geographic diversity of the State, standardized statewide entrance and exit procedures,
including a requirement that all students
who may be English learners are assessed for
such status within 30 days of enrollment in
a school in the State.
(B) Providing effective teacher and principal preparation, effective professional development activities, and other effective activities related to the education of English
learners, which may include assisting teachers, principals, and other educators in—
(i) meeting State and local certification
and licensing requirements for teaching
English learners; and
(ii) improving teaching skills in meeting
the diverse needs of English learners, including how to implement effective programs and curricula on teaching English
learners.
(C) Planning, evaluation, administration,
and interagency coordination related to the
subgrants referred to in paragraph (1).
(D) Providing technical assistance and
other forms of assistance to eligible entities
that are receiving subgrants from a State
educational agency under this subpart, including assistance in—
(i) identifying and implementing effective language instruction educational programs and curricula for teaching English
learners;
(ii) helping English learners meet the
same challenging State academic standards that all children are expected to
meet;

Page 1468

(iii) identifying or developing, and implementing, measures of English proficiency; and
(iv) strengthening and increasing parent,
family, and community engagement in
programs that serve English learners.
(E) Providing recognition, which may include providing financial awards, to recipients of subgrants under section 6825 of this
title that have significantly improved the
achievement and progress of English learners in meeting—
(i) the State-designed long-term goals established under section 6311(c)(4)(A)(ii) of
this title, including measurements of interim progress towards meeting such
goals, based on the State’s English language proficiency assessment under section 6311(b)(2)(G) of this title; and
(ii) the challenging State academic
standards.
(3) Direct administrative expenses
From the amount reserved under paragraph
(2), a State educational agency may use not
more than 50 percent of such amount or
$175,000, whichever is greater, for the planning
and direct administrative costs of carrying
out paragraphs (1) and (2).
(c) Reservations and allotments
(1) Reservations
From the amount appropriated under section 6801 of this title for each fiscal year, the
Secretary shall reserve—
(A) 0.5 percent or $5,000,000 of such amount,
whichever is greater, for payments to eligible entities that are defined under section
6822(a) of this title for activities, approved
by the Secretary, consistent with this subpart;
(B) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart, as determined
by the Secretary, for activities, approved by
the Secretary, consistent with this subpart;
and
(C) 6.5 percent of such amount for national
activities under sections 6861 and 7013 of this
title, except that not more than $2,000,000 of
such amount may be reserved for the National Clearinghouse for English Language
Acquisition and Language Instruction Educational Programs described in section 7013
of this title.
(2) State allotments
(A) In general
Except as provided in subparagraph (B),
from the amount appropriated under section
6801 of this title for each fiscal year that remains after making the reservations under
paragraph (1), the Secretary shall allot to
each State educational agency having a plan
approved under section 6823(c) of this title—
(i) an amount that bears the same relationship to 80 percent of the remainder as
the number of English learners in the
State bears to the number of English
learners in all States, as determined in accordance with paragraph (3)(A); and

Page 1469

TITLE 20—EDUCATION

(ii) an amount that bears the same relationship to 20 percent of the remainder as
the number of immigrant children and
youth in the State bears to the number of
such children and youth in all States, as
determined in accordance with paragraph
(3)(B).
(B) Minimum allotments
No State educational agency shall receive
an allotment under this paragraph that is
less than $500,000.
(C) Reallotment
If any State educational agency described
in subparagraph (A) does not submit a plan
to the Secretary for a fiscal year, or submits
a plan (or any amendment to a plan) that
the Secretary, after reasonable notice and
opportunity for a hearing, determines does
not satisfy the requirements of this subpart,
the Secretary—
(i) shall endeavor to make the State’s allotment available on a competitive basis
to specially qualified agencies within the
State to satisfy the requirements of section 6825 of this title (and any additional
requirements that the Secretary may impose), consistent with the purposes of such
section, and to carry out required and authorized activities under such section; and
(ii) shall reallot any portion of such allotment remaining after the application of
clause (i) to the remaining State educational agencies in accordance with subparagraph (A).
(D) Special rule for Puerto Rico
The total amount allotted to Puerto Rico
for any fiscal year under subparagraph (A)
shall not exceed 0.5 percent of the total
amount allotted to all States for that fiscal
year.
(3) Use of data for determinations
In making State allotments under paragraph
(2) for each fiscal year, the Secretary shall—
(A) determine the number of English
learners in a State and in all States, using
the most accurate, up-to-date data, which
shall be—
(i) data available from the American
Community Survey conducted by the Department of Commerce, which may be
multiyear estimates;
(ii) the number of students being assessed for English language proficiency,
based on the State’s English language proficiency
assessment
under
section
6311(b)(2)(G) of this title, which may be
multiyear estimates; or
(iii) a combination of data available
under clauses (i) and (ii); and
(B) determine the number of immigrant
children and youth in the State and in all
States based only on data available from the
American Community Survey conducted by
the Department of Commerce, which may be
multiyear estimates.
(Pub. L. 89–10, title III, § 3111, as added Pub. L.
107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1691;

§ 6821

amended Pub. L. 114–95, title III, § 3003(b), Dec.
10, 2015, 129 Stat. 1954.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3111 of Pub. L. 89–10 was classified to
section 6811 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (b)(2). Pub. L. 114–95, § 3003(b)(1)(A),
added subpars. (A) to (E) and struck out former subpars. (A) to (D) which read as follows:
‘‘(A) Professional development activities, and other
activities, that assist personnel in meeting State and
local certification and licensing requirements for
teaching limited English proficient children.
‘‘(B) Planning, evaluation, administration, and interagency coordination related to the subgrants referred
to in paragraph (1).
‘‘(C) Providing technical assistance and other forms
of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in—
‘‘(i) identifying and implementing language instruction educational programs and curricula that
are based on scientifically based research on teaching
limited English proficient children;
‘‘(ii) helping limited English proficient children
meet the same challenging State academic content
and student academic achievement standards as all
children are expected to meet;
‘‘(iii) identifying or developing, and implementing,
measures of English proficiency; and
‘‘(iv) promoting parental and community participation in programs that serve limited English proficient children.
‘‘(D) Providing recognition, which may include providing financial awards, to subgrantees that have exceeded their annual measurable achievement objectives
pursuant to section 6842 of this title.’’
Subsec. (b)(3). Pub. L. 114–95, § 3003(b)(1)(B), substituted ‘‘Direct administrative’’ for ‘‘Administrative’’
in heading and substituted ‘‘50 percent’’ for ‘‘60 percent’’ and inserted ‘‘direct’’ before ‘‘administrative
costs’’ in text.
Subsec. (c)(1). Pub. L. 114–95, § 3003(b)(2)(A)(i), substituted ‘‘section 6801’’ for ‘‘section 6801(a)’’ in introductory provisions.
Subsec. (c)(1)(B). Pub. L. 114–95, § 3003(b)(2)(A)(ii), inserted ‘‘and’’ after semicolon at end.
Subsec. (c)(1)(C). Pub. L. 114–95, § 3003(b)(2)(A)(iii),
added subpar. (C) and struck out former subpar. (C)
which read as follows: ‘‘6.5 percent of such amount for
national activities under sections 6861 and 7013 of this
title, except that not more than 0.5 percent of such
amount shall be reserved for evaluation activities conducted by the Secretary and not more than $2,000,000 of
such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in
section 7013 of this title; and’’.
Subsec. (c)(1)(D). Pub. L. 114–95, § 3003(b)(2)(A)(iv),
struck out subpar. (D) which read as follows: ‘‘such
sums as may be necessary to make continuation
awards under paragraph (2).’’
Subsec. (c)(2). Pub. L. 114–95, § 3003(b)(2)(B), (C), redesignated par. (3) as (2) and struck out former par. (2)
which related to continuation awards.
Subsec. (c)(2)(A). Pub. L. 114–95, § 3003(b)(2)(D)(i), substituted ‘‘section 6801’’ for ‘‘section 6801(a)’’ in introductory provisions.
Subsec. (c)(2)(A)(i). Pub. L. 114–95, § 3003(b)(2)(D)(ii),
substituted ‘‘English learners in the State bears to the
number of English learners in all States, as determined
in accordance with paragraph (3)(A); and’’ for ‘‘limited
English proficient children in the State bears to the
number of such children in all States; and’’.

TITLE 20—EDUCATION

§ 6822

Subsec. (c)(2)(A)(ii). Pub. L. 114–95, § 3003(b)(2)(D)(iii),
inserted ‘‘, as determined in accordance with paragraph
(3)(B)’’ before period at end.
Subsec. (c)(3). Pub. L. 114–95, § 3003(b)(2)(E), added par.
(3). Former par. (3) redesignated (2).
Subsec. (c)(4). Pub. L. 114–95, § 3003(b)(2)(B), struck out
par. (4) which related to use of data for determinations.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6822. 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 Education, or a consortium of
such schools.
(5) An elementary school or secondary
school operated under a contract with or grant
from the Bureau of Indian Education, in consortium with another such school or a tribal
or community organization.
(6) An elementary school or secondary
school operated by the Bureau of Indian Education and an institution of higher education,
in consortium with an elementary school or
secondary school operated under a contract
with or grant from the Bureau of Indian Education or a tribal or community organization.
(b) Submission of applications for assistance
Notwithstanding any other provision of this
part, an entity that is considered to be an eligible entity under subsection (a), and that desires
to receive Federal financial assistance under
this subpart, shall submit an application to the
Secretary.
(c) Special rule
An eligible entity described in subsection (a)
that receives Federal financial assistance pursuant to this section shall not be eligible to receive a subgrant under section 6824 of this title.
(Pub. L. 89–10, title III, § 3112, as added Pub. L.
107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1694;
amended Pub. L. 114–95, title III, § 3003(c), Dec.
10, 2015, 129 Stat. 1956.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3112 of Pub. L. 89–10 was classified to
section 6812 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Page 1470
AMENDMENTS

2015—Subsec. (a)(4) to (6). Pub. L. 114–95 substituted
‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian
Affairs’’ wherever appearing.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6823. 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 and in such manner as the Secretary
may require.
(b) Contents
Each plan submitted under subsection (a)
shall—
(1) describe the process that the agency will
use in awarding subgrants to eligible entities
under section 6824(d)(1) of this title;
(2) describe how the agency will establish
and implement, with timely and meaningful
consultation with local educational agencies
representing the geographic diversity of the
State, standardized, statewide entrance and
exit procedures, including an assurance that
all students who may be English learners are
assessed for such status within 30 days of enrollment in a school in the State;
(3) provide an assurance that—
(A) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section
6311(b)(2)(B)(ix) of this title regarding assessment of English learners in English;
(B) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency
of all English learners participating in a program funded under this subpart, consistent
with section 6311(b)(2)(G) of this title;
(C) in awarding subgrants under section
6824 of this title, the agency will address the
needs of school systems of all sizes and in all
geographic areas, including school systems
with rural and urban schools;
(D) subgrants to eligible entities under
section 6824(d)(1) of this title will be of sufficient size and scope to allow such entities to
carry out effective language instruction educational programs for English learners;
(E) the agency will require an eligible entity receiving a subgrant under this subpart to
use the subgrant in ways that will build such
recipient’s capacity to continue to offer effective language instruction educational
programs that assist English learners in
meeting challenging State academic standards;
(F) the agency will monitor each eligible
entity receiving a subgrant under this subpart for compliance with applicable Federal
fiscal requirements; and

Page 1471

TITLE 20—EDUCATION

(G) the plan has been developed in consultation with local educational agencies,
teachers, administrators of programs implemented under this subpart, parents of
English learners, and other relevant stakeholders;
(4) describe how the agency will coordinate
its programs and activities under this subpart
with other programs and activities under this
chapter and other Acts, as appropriate;
(5) describe how each eligible entity will be
given the flexibility to teach English learners—
(A) using a high-quality, effective language instruction curriculum for teaching
English learners; and
(B) in the manner the eligible entity determines to be the most effective;
(6) describe how the agency will assist eligible entities in meeting—
(A) the State-designed long-term goals established under section 6311(c)(4)(A)(ii) of
this title, including measurements of interim progress towards meeting such goals,
based on the State’s English language proficiency
assessment
under
section
6311(b)(2)(G) of this title; and
(B) the challenging State academic standards;
(7) describe how the agency will meet the
unique needs of children and youth in the
State being served through the reservation of
funds under section 6824(d) of this title; and
(8) describe—
(A) how the agency will monitor the
progress of each eligible entity receiving a
subgrant under this subpart in helping
English learners achieve English proficiency; and
(B) the steps the agency will take to further assist eligible entities if the strategies
funded under this subpart are not effective,
such as providing technical assistance and
modifying such strategies.
(c) Approval
The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan meets the requirements of
this section.
(d) Duration of plan
(1) In general
Each plan submitted by a State educational
agency or specially qualified agency and approved under subsection (c) shall—
(A) remain in effect for the duration of the
agency’s participation under this subpart;
and
(B) be periodically reviewed and revised by
the agency, as necessary, to reflect changes
to the agency’s strategies and programs carried out under this subpart.
(2) Additional information
(A) Amendments
If the State educational agency or specially qualified agency amends the plan, the
agency shall submit such amendment to the
Secretary.

§ 6824

(B) Approval
The Secretary shall approve such amendment to an approved plan, unless the Secretary determines that the amendment will
result in the agency not meeting the requirements, or fulfilling the purposes, of this
subpart.
(e) Consolidated plan
A plan submitted under subsection (a) may be
submitted as part of a consolidated plan under
section 7842 of this title.
(f) Secretary assistance
The Secretary shall provide technical assistance, if requested by the State, in the development of English proficiency standards and assessments.
(Pub. L. 89–10, title III, § 3113, as added Pub. L.
107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1694;
amended Pub. L. 114–95, title III, § 3003(d), Dec.
10, 2015, 129 Stat. 1956.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3113 of Pub. L. 89–10 was classified to
section 6813 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 3003(d)(1), substituted ‘‘and in such manner’’ for ‘‘, in such manner,
and containing such information’’.
Subsec. (b)(1). Pub. L. 114–95, § 3003(d)(2)(A), substituted ‘‘awarding’’ for ‘‘making’’.
Subsec. (b)(2) to (8). Pub. L. 114–95, § 3003(d)(2)(B),
added pars. (2) to (8) and struck out former pars. (2) to
(6) which related to establishing standards and objectives for raising the level of English proficiency, assurances by the agency, coordination of programs and activities under this subpart with other programs and activities, accountability, and flexibility in teaching limited English proficient children, respectively.
Subsec. (d). Pub. L. 114–95, § 3003(d)(3), substituted
‘‘this subpart’’ for ‘‘this part’’ wherever appearing.
Subsec. (e). Pub. L. 114–95, § 3003(d)(4), made technical
amendment to reference in original act which appears
in text as reference to section 7842 of this title.
Subsec. (f). Pub. L. 114–95, § 3003(d)(5), inserted ‘‘by
the State’’ after ‘‘if requested’’ and struck out
‘‘, objectives,’’ after ‘‘proficiency standards’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6824. Within-State allocations
(a) In general
After making the reservation required under
subsection (d)(1), each State educational agency
receiving a grant under section 6821(c)(2) of this
title shall award subgrants for a fiscal year by
allocating in a timely manner to each eligible
entity in the State having a plan approved under
section 6826 of this title an amount that bears
the same relationship to the amount received
under the grant and remaining after making

TITLE 20—EDUCATION

§ 6825

such reservation as the population of English
learners in schools served by the eligible entity
bears to the population of English learners 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.
(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 6821(c)(2)
of this title 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 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 6826 of this title and ensure that each subgrant is of sufficient size
and scope to meet the purposes of this part.
(Pub. L. 89–10, title III, § 3114, as added Pub. L.
107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1696;
amended Pub. L. 114–95, title III, § 3003(e), Dec.
10, 2015, 129 Stat. 1958.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3114 of Pub. L. 89–10 was classified to
section 6814 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 3003(e)(1), added
subsec. (a) and struck out former subsec. (a). Prior to
amendment, text read as follows: ‘‘After making the
reservation required under subsection (d)(1) of this section, each State educational agency receiving a grant
under section 6821(c)(3) of this title shall award subgrants for a fiscal year by allocating to each eligible
entity in the State having a plan approved under section 6826 of this title an amount that bears the same re-

Page 1472

lationship 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.’’
Subsec. (d)(1). Pub. L. 114–95, § 3003(e)(2), substituted
‘‘section 6821(c)(2)’’ for ‘‘section 6821(c)(3)’’ and struck
out ‘‘preceding the fiscal year’’ before ‘‘for which the
subgrant is made’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6825. Subgrants to eligible entities
(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 English learners by assisting
the children to learn English and meet the challenging State academic standards. In carrying
out activities with such funds, the eligible entity shall use effective approaches and methodologies for teaching English learners and immigrant children and youth for the following purposes:
(1) Developing and implementing new language instruction educational programs and
academic content instructional programs for
English learners and immigrant children and
youth, including early childhood education
programs, 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 instructional programs for English learners and
immigrant 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 English
learners and immigrant 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 English learners and immigrant children and youth.
(b) Direct administrative expenses
Each eligible entity receiving funds under section 6824(a) of this title for a fiscal year may use
not more than 2 percent of such funds for the
cost of administering this subpart.
(c) Required subgrantee activities
An eligible entity receiving funds under section 6824(a) of this title shall use the funds—
(1) to increase the English language proficiency of English learners by providing effec-

Page 1473

TITLE 20—EDUCATION

tive language instruction educational programs that meet the needs of English learners
and demonstrate success in increasing—
(A) English language proficiency; and
(B) student academic achievement;
(2) to provide effective professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals and other school leaders,
administrators, and other school or community-based organizational personnel, that is—
(A) designed to improve the instruction
and assessment of English learners;
(B) designed to enhance the ability of such
teachers, principals, and other school leaders to understand and implement curricula,
assessment practices and measures, and instructional strategies for English learners;
(C) effective in increasing children’s
English language 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 1day 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, as appropriate; and
(3) to provide and implement other effective
activities and strategies that enhance or supplement language instruction educational programs for English learners, which—
(A) shall include parent, family, and community engagement activities; and
(B) may include strategies that serve to
coordinate and align related programs.
(d) Authorized subgrantee activities
Subject to subsection (c), an eligible entity receiving funds under section 6824(a) of this title
may use the funds to achieve any of the purposes described in subsection (a) by undertaking
1 or more of the following activities:
(1) Upgrading program objectives and effective instructional strategies.
(2) Improving the instructional program for
English learners by identifying, acquiring, and
upgrading curricula, instructional materials,
educational software, and assessment procedures.
(3) Providing to English learners—
(A) tutorials and academic or career and
technical education; and
(B) intensified instruction, which may include materials in a language that the student can understand, interpreters, and translators.
(4) Developing and implementing effective
preschool, elementary school, or secondary
school language instruction educational pro-

§ 6825

grams that are coordinated with other relevant programs and services.
(5) Improving the English language proficiency and academic achievement of English
learners.
(6) Providing community participation programs, family literacy services, and parent
and family outreach and training activities to
English learners and their families—
(A) to improve the English language skills
of English learners; and
(B) to assist parents and families in helping their children to improve their academic
achievement and becoming active participants in the education of their children.
(7) Improving the instruction of English
learners, which may include English learners
with a disability, 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) Offering early college high school or dual
or concurrent enrollment programs or courses
designed to help English learners achieve success in postsecondary education.
(9) 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 6824(d)(1) of this title 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 and family outreach, and training activities designed to assist parents and families to become active
participants in the education of their children;
(B) recruitment of, and support for, personnel, including teachers and paraprofessionals 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, development, and acquisition of curricular materials, educational
software, and technologies to be used in the
program carried out with awarded funds;
(E) basic instructional services that are directly attributable to the presence of immigrant children and youth in the local educational agency involved, 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 instructional services;

TITLE 20—EDUCATION

§ 6826

(F) other instructional 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 and families 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 6824(d)(1) of
this title shall be determined by the agency in
its discretion.
(f) Selection of method of instruction
(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 effective instruction to be used in the
programs and activities undertaken by the entity to assist English learners to attain
English language proficiency and meet challenging State academic standards.
(2) Consistency
The selection described in paragraph (1)
shall be consistent with sections 6845 through
6847 of this title.
(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 English learners
and immigrant children and youth and in no
case to supplant such Federal, State, and local
public funds.
(Pub. L. 89–10, title III, § 3115, as added Pub. L.
107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1697;
amended Pub. L. 114–95, title III, § 3003(f), Dec.
10, 2015, 129 Stat. 1958.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3115 of Pub. L. 89–10 was classified to
section 6815 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section consisted of subsecs. (a) to (g)
relating to subgrants to eligible entities.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6826. Local plans
(a) Plan required
Each eligible entity desiring a subgrant from
the State educational agency under section 6824

Page 1474

of this title 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 effective programs and activities, including language instruction educational programs, proposed to be developed,
implemented, and administered under the
subgrant that will help English learners increase their English language proficiency and
meet the challenging State academic standards;
(2) describe how the eligible entity will ensure that elementary schools and secondary
schools receiving funds under this subpart assist English learners in—
(A) achieving English proficiency based on
the State’s English language proficiency assessment under section 6311(b)(2)(G) of this
title, consistent with the State’s long-term
goals, as described in section 6311(c)(4)(A)(ii)
of this title; and
(B) meeting the challenging State academic standards;
(3) describe how the eligible entity will promote parent, family, and community engagement in the education of English learners;
(4) contain assurances that—
(A) each local educational agency that is
included in the eligible entity is complying
with section 6312(e) of this title prior to, and
throughout, each school year as of the date
of application;
(B) the eligible entity is not in violation of
any State law, including State constitutional law, regarding the education of
English learners, consistent with sections
6846 and 6847 of this title;
(C) the eligible entity consulted with
teachers, researchers, school administrators,
parents and family members, community
members, public or private entities, and institutions of higher education, in developing
and implementing such plan; and
(D) the eligible entity will, if applicable,
coordinate activities and share relevant data
under the plan with local Head Start and
Early Head Start agencies, including migrant and seasonal Head Start agencies, and
other early childhood education providers.
(c) Teacher English fluency
Each eligible entity receiving a subgrant
under section 6824 of this title shall include in
its plan a certification that all teachers in any
language instruction educational program for
English learners 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.
(Pub. L. 89–10, title III, § 3116, as added Pub. L.
107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1700;
amended Pub. L. 114–95, title III, § 3003(g), Dec.
10, 2015, 129 Stat. 1961.)

Page 1475

TITLE 20—EDUCATION
Editorial Notes
PRIOR PROVISIONS

Prior sections 6831 to 6833 were omitted in the general
amendment of this subchapter by Pub. L. 107–110.
Section 6831, Pub. L. 89–10, title III, § 3121, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3641,
related to national long-range technology plan.
Section 6832, Pub. L. 89–10, title III, § 3122, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3642,
related to Federal leadership in promoting the use of
technology in education.
Section 6833, Pub. L. 89–10, title III, § 3123, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3644,
related to study, evaluation and report of funding alternatives.
AMENDMENTS
2015—Subsec. (b). Pub. L. 114–95, § 3003(g)(1), added
pars. (1) to (4) and struck out former pars. (1) to (6)
which set out required content of plans submitted
under subsec. (a).
Subsec. (c). Pub. L. 114–95, § 3003(g)(2), substituted
‘‘English learners’’ for ‘‘limited English proficient children’’.
Subsec. (d). Pub. L. 114–95, § 3003(g)(3), struck out subsec. (d) which related to other requirements for approval.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
SUBPART 2—ACCOUNTABILITY AND
ADMINISTRATION

§ 6841. Reporting
(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 a report, in a form
prescribed by the agency, on the activities conducted and children served under such subpart
that includes—
(1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years, which shall include a description of how such programs and
activities supplemented programs funded primarily with State or local funds;
(2) the number and percentage of English
learners in the programs and activities who
are making progress toward achieving English
language proficiency, as described in section
6311(c)(4)(A)(ii) of this title, in the aggregate
and disaggregated, at a minimum, by English
learners with a disability;
(3) the number and percentage of English
learners in the programs and activities attaining English language proficiency based on
State English language proficiency standards
established under section 6311(b)(1)(G) 1 of this
title by the end of each school year, as determined by the State’s English language pro1 So

in original. Probably should be ‘‘6311(b)(1)(F)’’.

§ 6842

ficiency assessment under section 6311(b)(2)(G)
of this title;
(4) the number and percentage of English
learners who exit the language instruction
educational programs based on their attainment of English language proficiency;
(5) the number and percentage of English
learners meeting challenging State academic
standards for each of the 4 years after such
children are no longer receiving services under
this part, in the aggregate and disaggregated,
at a minimum, by English learners with a disability;
(6) the number and percentage of English
learners who have not attained English language proficiency within 5 years of initial
classification as an English learner and first
enrollment in the local educational agency;
and
(7) any other information that the State
educational agency may require.
(b) Use of report
A report provided by an eligible entity under
subsection (a) shall be used by the entity and
the State educational agency for improvement
of programs and activities under this part.
(c) Special rule for specially qualified agencies
Each specially qualified agency receiving a
grant under subpart 1 shall provide the reports
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.
(Pub. L. 89–10, title III, § 3121, as added Pub. L.
107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1701;
amended Pub. L. 114–95, title III, § 3003(h), Dec.
10, 2015, 129 Stat. 1962.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6841, Pub. L. 89–10, title III, § 3131, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3644, related to allotment and reallotment of funds,
prior to the general amendment of this subchapter by
Pub. L. 107–110.
A prior section 3121 of Pub. L. 89–10 was classified to
section 6831 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section consisted of subsecs. (a) to (e)
relating to evaluations.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6842. Repealed. Pub. L. 114–95, title
§ 3001(2)(A), Dec. 10, 2015, 129 Stat. 1953

III,

Section, Pub. L. 89–10, title III, § 3122, as added Pub.
L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1702, related to achievement objectives and accountability.
A prior section 6842, Pub. L. 89–10, title III, § 3132, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

TITLE 20—EDUCATION

§ 6843

3645, related to school technology resource grants, prior
to the general amendment of this subchapter by Pub.
L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 6843. Biennial reports
(a) States
Based upon the reports provided to a State
educational agency under section 6841 of this
title, 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 English
learners.
(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 English learners under this part, and the
effectiveness of such programs and activities
in improving the academic achievement and
English proficiency of English learners;
(2) on the types of language instruction educational programs used by local educational
agencies or eligible entities receiving funding
under this part to teach English learners;
(3) containing a critical synthesis of data reported by eligible entities to States under section 6841(a) of this title;
(4) containing a description of technical assistance and other assistance provided by
State educational agencies under section
6821(b)(2)(D) of this title;
(5) containing an estimate of the number of
certified or licensed teachers working in language instruction educational programs and
educating English learners, and an estimate of
the number of such teachers that will be needed for the succeeding 5 fiscal years;
(6) containing the findings of the most recent evaluation related to English learners
carried out under section 7981 of this title;
(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 English learners served by eligible entities receiving funding under this part who were transitioned out
of language instruction educational programs
funded under this part; and
(9) containing other information gathered
from the evaluations from specially qualified
agencies and other reports submitted to the
Secretary under this part when applicable.
(Pub. L. 89–10, title III, § 3122, formerly § 3123, as
added Pub. L. 107–110, title III, § 301, Jan. 8, 2002,

Page 1476

115 Stat. 1704; renumbered § 3122 and amended
Pub. L. 114–95, title III, §§ 3001(2)(B), 3003(i), Dec.
10, 2015, 129 Stat. 1953, 1963.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6843, Pub. L. 89–10, title III, § 3133, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3646, related to State applications for technology education assistance, prior to the general amendment of
this subchapter by Pub. L. 107–110.
A prior section 3122 of Pub. L. 89–10 was classified to
section 6842 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 3122 of Pub. L. 89–10 was classified to section 6832 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 3003(i)(1), substituted ‘‘Biennial
reports’’ for ‘‘Reporting requirements’’ in section
catchline.
Subsec. (a). Pub. L. 114–95, § 3003(i)(2), substituted ‘‘reports provided’’ for ‘‘evaluations provided’’ and
‘‘English learners’’ for ‘‘children who are limited
English proficient’’.
Subsec. (b)(1). Pub. L. 114–95, § 3003(i)(3)(A), substituted ‘‘to serve English learners’’ for ‘‘to serve limited English proficient children’’ and ‘‘proficiency of
English learners’’ for ‘‘proficiency of children who are
limited English proficient’’.
Subsec. (b)(2). Pub. L. 114–95, § 3003(i)(3)(B), substituted ‘‘English learners’’ for ‘‘limited English proficient children’’.
Subsec. (b)(4). Pub. L. 114–95, § 3003(i)(3)(C), substituted
‘‘section
6821(b)(2)(D)’’
for
‘‘section
6821(b)(2)(C)’’.
Subsec. (b)(5). Pub. L. 114–95, § 3003(i)(3)(D), substituted ‘‘English learners’’ for ‘‘limited English proficient children’’.
Subsec. (b)(6). Pub. L. 114–95, § 3003(i)(3)(E), substituted ‘‘findings of the most recent evaluation related
to English learners carried out under section 7981 of
this title’’ for ‘‘major findings of scientifically based
research carried out under this part’’.
Subsec. (b)(8). Pub. L. 114–95, § 3003(i)(3)(F), substituted ‘‘of English learners’’ for ‘‘of limited English
proficient children’’ and struck out ‘‘into classrooms
where instruction is not tailored for limited English
proficient children’’ before the semicolon.
Subsec. (b)(9). Pub. L. 114–95, § 3003(i)(3)(G), substituted ‘‘part’’ for ‘‘subchapter’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6844. Coordination with related programs
In order to maximize Federal efforts aimed at
serving the educational needs of English learners, the Secretary shall coordinate and ensure
close cooperation with other entities carrying
out programs serving language-minority and
English learners that are administered by the

Page 1477

TITLE 20—EDUCATION

Department and other agencies. The Secretary
shall report to the Congress on parallel Federal
programs in other agencies and departments.
(Pub. L. 89–10, title III, § 3123, formerly § 3124, as
added Pub. L. 107–110, title III, § 301, Jan. 8, 2002,
115 Stat. 1705; renumbered § 3123 and amended
Pub. L. 114–95, title III, §§ 3001(2)(B), 3003(j), Dec.
10, 2015, 129 Stat. 1953, 1963.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6844, Pub. L. 89–10, title III, § 3134, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3646, related to local uses of funds, prior to the general
amendment of this subchapter by Pub. L. 107–110.
A prior section 3123 of Pub. L. 89–10 was renumbered
section 3122 and is classified to section 6843 of this title.
Another prior section 3123 of Pub. L. 89–10 was classified to section 6833 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 3003(j), substituted ‘‘needs of
English learners’’ for ‘‘needs of children of limited
English proficiency’’ and ‘‘and English learners’’ for
‘‘and limited English proficient children’’ and inserted
at end ‘‘The Secretary shall report to the Congress on
parallel Federal programs in other agencies and departments.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6845. Rules of construction
Nothing in this part shall be construed—
(1) to prohibit a local educational agency
from serving English learners 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 English learners; or
(3) to limit the preservation or use of Native
American languages.
(Pub. L. 89–10, title III, § 3124, formerly § 3125, as
added Pub. L. 107–110, title III, § 301, Jan. 8, 2002,
115 Stat. 1705; renumbered § 3124 and amended
Pub. L. 114–95, title III, §§ 3001(2)(B), 3003(k), Dec.
10, 2015, 129 Stat. 1953, 1964.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6845, Pub. L. 89–10, title III, § 3135, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3647, related to local applications for technology education assistance, prior to the general amendment of
this subchapter by Pub. L. 107–110.
A prior section 3124 of Pub. L. 89–10 was renumbered
section 3123 and is classified to section 6844 of this title.
AMENDMENTS
2015—Pars. (1), (2). Pub. L. 114–95, § 3003(k), substituted ‘‘English learners’’ for ‘‘limited English proficient children’’.

§ 6848

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 6846. Legal authority under State law
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.
(Pub. L. 89–10, title III, § 3125, formerly § 3126, as
added Pub. L. 107–110, title III, § 301, Jan. 8, 2002,
115 Stat. 1705; renumbered § 3125, Pub. L. 114–95,
title III, § 3001(2)(B), Dec. 10, 2015, 129 Stat. 1953.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6846, Pub. L. 89–10, title III, § 3136, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3648, related to national challenge grants for technology in education, prior to the general amendment of
this subchapter by Pub. L. 107–110.
A prior section 3125 of Pub. L. 89–10 was renumbered
section 3124 and is classified to section 6845 of this title.

§ 6847. Civil rights
Nothing in this part shall be construed in a
manner inconsistent with any Federal law guaranteeing a civil right.
(Pub. L. 89–10, title III, § 3126, formerly § 3127, as
added Pub. L. 107–110, title III, § 301, Jan. 8, 2002,
115 Stat. 1705; renumbered § 3126, Pub. L. 114–95,
title III, § 3001(2)(B), Dec. 10, 2015, 129 Stat. 1953.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6847, Pub. L. 89–10, title III, § 3137, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3649, related to Federal administration of programs,
prior to the general amendment of this subchapter by
Pub. L. 107–110.
A prior section 3126 of Pub. L. 89–10 was renumbered
section 3125 and is classified to section 6846 of this title.

§ 6848. Programs for Native Americans and Puerto Rico
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 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.
(Pub. L. 89–10, title III, § 3127, formerly § 3128, as
added Pub. L. 107–110, title III, § 301, Jan. 8, 2002,
115 Stat. 1705; renumbered § 3127, Pub. L. 114–95,
title III, § 3001(2)(B), Dec. 10, 2015, 129 Stat. 1953.)

TITLE 20—EDUCATION

§ 6849
Editorial Notes
PRIOR PROVISIONS

A prior section 3127 of Pub. L. 89–10 was renumbered
section 3126 and is classified to section 6847 of this title.

§ 6849. Prohibition
In carrying out this part, the Secretary shall
neither mandate nor preclude the use of a particular curricular or pedagogical approach to
educating English learners.
(Pub. L. 89–10, title III, § 3128, formerly § 3129, as
added Pub. L. 107–110, title III, § 301, Jan. 8, 2002,
115 Stat. 1706; renumbered § 3128 and amended
Pub. L. 114–95, title III, §§ 3001(2)(B), 3003(l), Dec.
10, 2015, 129 Stat. 1953, 1964.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3128 of Pub. L. 89–10 was renumbered
section 3127 and is classified to section 6848 of this title.
AMENDMENTS
2015—Pub. L. 114–95, § 3003(l), substituted ‘‘English
learners’’ for ‘‘limited English proficient children’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
SUBPART 3—NATIONAL ACTIVITIES

Page 1478

(4) to develop, share, and disseminate effective practices in the instruction of English
learners and in increasing the student academic achievement of English learners, such
as through the use of technology-based programs;
(5) in conjunction with other Federal needbased 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
English learners; and
(6) as appropriate, to support strategies that
promote school readiness of English learners
and their transition from early childhood education programs, such as Head Start or Staterun preschool programs, to elementary school
programs.
(Pub. L. 89–10, title III, § 3131, as added Pub. L.
107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1706;
amended Pub. L. 114–95, title III, § 3003(m), Dec.
10, 2015, 129 Stat. 1964.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6861, Pub. L. 89–10, title III, § 3141, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3649, related to regional technical support and professional development, prior to the general amendment of
this subchapter by Pub. L. 107–110.
A prior section 3131 of Pub. L. 89–10 was classified to
section 6841 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

§ 6861. National professional development project

AMENDMENTS

The Secretary shall use funds made available
under section 6821(c)(1)(C) of this title to award
grants on a competitive basis, for a period of not
more than 5 years, to institutions of higher education or public or private entities with relevant
experience and capacity (in consortia with State
educational agencies or local educational agencies) to provide for professional development activities that will improve classroom instruction
for English learners and assist educational personnel working with English learners to meet
high professional standards, including standards
for certification and licensure as teachers who
work in language instruction educational programs or serve English learners. Grants awarded
under this section may be used—
(1) for effective preservice or inservice professional development programs that will improve the qualifications and skills of educational personnel involved in the education
of English learners, including personnel who
are not certified or licensed and educational
paraprofessionals, and for other activities to
increase teacher and school leader effectiveness in meeting the needs of English learners;
(2) for the development of curricula or other
instructional strategies appropriate to the
needs of the consortia participants involved;
(3) to support strategies that strengthen and
increase parent, family, and community member engagement in the education of English
learners;

2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section related to grants to be used for
preservice professional development programs, for development of curricula, and for financial assistance for
certain language teachers.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
SUBPART 4—DEFINITIONS

§ 6871. Repealed. Pub. L. 114–95, title
§ 3001(2)(C), Dec. 10, 2015, 129 Stat. 1953

III,

Section, Pub. L. 89–10, title III, § 3141, as added Pub.
L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1706, defined ‘‘eligible entity’’.
A prior section 6871, Pub. L. 89–10, title III, § 3151, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3652, related to educational technology product development, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 3141 of Pub. L. 89–10 was classified to
section 6861 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Prior sections 6891 to 6894 were repealed by Pub. L.
114–95, § 5, title III, § 3001(3), Dec. 10, 2015, 129 Stat. 1806,
1953, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Page 1479

TITLE 20—EDUCATION

Section 6891, Pub. L. 89–10, title III, § 3201, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1706,
provided that former part B of this subchapter could be
cited as the ‘‘Improving Language Instruction Educational Programs For Academic Achievement Act’’.
A prior section 6891, Pub. L. 89–10, title III, § 3201, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3654, set out short title of the Star Schools Act, prior
to the general amendment of this subchapter by Pub.
L. 107–110.
Section 6892, Pub. L. 89–10, title III, § 3202, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1707,
related to purpose of former part B of this subchapter.
A prior section 6892, Pub. L. 89–10, title III, § 3202, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3654, set forth findings relating to the Star Schools
Program, prior to the general amendment of this subchapter by Pub. L. 107–110.
Section 6893, Pub. L. 89–10, title III, § 3203, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1707,
related to Native American children in school.
A prior section 6893, Pub. L. 89–10, title III, § 3203, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3655, set forth purpose of the Star Schools Program,
prior to the general amendment of this subchapter by
Pub. L. 107–110.
Section 6894, Pub. L. 89–10, title III, § 3204, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1707,
related to residents of the territories and freely associated states.
A prior section 6894, Pub. L. 89–10, title III, § 3204, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3655, authorized grants, prior to the general amendment of this subchapter by Pub. L. 107–110.
Prior sections 6895 to 6900 were omitted in the general
amendment of this subchapter by Pub. L. 107–110.
Section 6895, Pub. L. 89–10, title III, § 3205, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3656,
related to eligible entities.
Section 6896, Pub. L. 89–10, title III, § 3206, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3657,
related to applications for grants.
Section 6897, Pub. L. 89–10, title III, § 3207, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3660,
related to leadership and evaluation activities.
Section 6898, Pub. L. 89–10, title III, § 3208, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3661,
defined terms.
Section 6899, Pub. L. 89–10, title III, § 3209, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3661,
set forth administrative provisions.
Section 6900, Pub. L. 89–10, title III, § 3210, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3661,
related to other assistance.
Prior sections 6911 to 6918 were repealed by Pub. L.
114–95, § 5, title III, § 3001(3), Dec. 10, 2015, 129 Stat. 1806,
1953, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Section 6911, Pub. L. 89–10, title III, § 3211, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1707,
related to financial assistance for language instruction
educational programs.
Section 6912, Pub. L. 89–10, title III, § 3212, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1708,
related to program enhancement activities.
Section 6913, Pub. L. 89–10, title III, § 3213, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1709,
related to comprehensive school and systemwide improvement activities.
Section 6914, Pub. L. 89–10, title III, § 3214, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1712,
related to grant applications.
Section 6915, Pub. L. 89–10, title III, § 3215, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1716,
related to capacity building.
Section 6916, Pub. L. 89–10, title III, § 3216, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1716,
related to programs for Native Americans and Puerto
Rico.

§ 6871

Section 6917, Pub. L. 89–10, title III, § 3217, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1716,
related to evaluations.
Section 6918, Pub. L. 89–10, title III, § 3218, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1717,
set out rule of construction.
Prior sections 6921 to 6928, which comprised former
part C of this subchapter, were omitted in the general
amendment of this subchapter by Pub. L. 107–110.
Section 6921, Pub. L. 89–10, title III, § 3301, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3663,
related to Ready-to-Learn television.
A prior section 3301 of Pub. L. 89–10 was renumbered
section 3201 and is classified to section 7011 of this title.
Section 6922, Pub. L. 89–10, title III, § 3302, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3663,
related to educational programming.
Section 6923, Pub. L. 89–10, title III, § 3303, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3664,
set forth duties of Secretary.
A prior section 3303 of Pub. L. 89–10 was renumbered
section 3202 and is classified to section 7013 of this title.
Section 6924, Pub. L. 89–10, title III, § 3304, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3665,
related to applications.
A prior section 3304 of Pub. L. 89–10 was renumbered
section 3203 and is classified to section 7014 of this title.
Section 6925, Pub. L. 89–10, title III, § 3305, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3665,
related to reports and evaluation of program activities.
Section 6926, Pub. L. 89–10, title III, § 3306, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3665,
related to administrative costs.
Section 6927, Pub. L. 89–10, title III, § 3307, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3665,
defined ‘‘distance learning’’.
Section 6928, Pub. L. 89–10, title III, § 3308, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3666,
authorized appropriations.
Prior sections 6931 to 6935 and 6951 were repealed by
Pub. L. 114–95, § 5, title III, § 3001(3), Dec. 10, 2015, 129
Stat. 1806, 1953, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Section 6931, Pub. L. 89–10, title III, § 3221, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1717,
related to authority of the Secretary.
Section 6932, Pub. L. 89–10, title III, § 3222, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1717;
amended Pub. L. 107–279, title IV, § 404(d)(5)(A), Nov. 5,
2002, 116 Stat. 1986, related to research.
Section 6933, Pub. L. 89–10, title III, § 3223, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1718,
related to academic excellence awards.
Section 6934, Pub. L. 89–10, title III, § 3224, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1719,
related to State grant program.
Section 6935, Pub. L. 89–10, title III, § 3225, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1720,
related to instruction materials development.
Section 6951, Pub. L. 89–10, title III, § 3231, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1720,
related to professional development grants.
A prior section 6951, Pub. L. 89–10, title III, § 3401, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3666, authorized a national telecommunications-based
demonstration project to improve the teaching of
mathematics, prior to the general amendment of this
subchapter by Pub. L. 107–110.
Prior sections 6952 and 6953 were omitted in the general amendment of this subchapter by Pub. L. 107–110.
Section 6952, Pub. L. 89–10, title III, § 3402, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3666,
required application for demonstration project grant.
Section 6953, Pub. L. 89–10, title III, § 3403, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3666,
authorized appropriations.
Prior sections 6961 to 6968 were repealed by Pub. L.
114–95, § 5, title III, § 3001(3), Dec. 10, 2015, 129 Stat. 1806,
1953, effective Dec. 10, 2015, except with respect to cer-

§ 7011

TITLE 20—EDUCATION

tain noncompetitive programs and competitive programs.
Section 6961, Pub. L. 89–10, title III, § 3241, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1723,
related to purpose of former subpart 4 of part B of this
subchapter.
Section 6962, Pub. L. 89–10, title III, § 3242, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1723,
related to State administrative costs.
Section 6963, Pub. L. 89–10, title III, § 3243, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1724,
related to withholding of funds.
Section 6964, Pub. L. 89–10, title III, § 3244, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1724,
related to State allotments.
Section 6965, Pub. L. 89–10, title III, § 3245, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1725,
related to State applications.
Section 6966, Pub. L. 89–10, title III, § 3246, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1727,
related to administrative provisions.
Section 6967, Pub. L. 89–10, title III, § 3247, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1727,
related to uses of funds.
Section 6968, Pub. L. 89–10, title III, § 3248, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1728,
related to reports.
Prior sections 6971 to 6979 were omitted in the general
amendment of this subchapter by Pub. L. 107–110.
Section 6971, Pub. L. 89–10, title III, § 3501, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3667,
set forth short title of the Elementary Mathematics
and Science Equipment Act.
Section 6972, Pub. L. 89–10, title III, § 3502, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3667,
stated purpose of former provisions.
Section 6973, Pub. L. 89–10, title III, § 3503, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3667,
authorized program for the provision of equipment and
materials to elementary schools to improve mathematics and science education.
Section 6974, Pub. L. 89–10, title III, § 3504, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3667,
related to allotments of funds.
Section 6975, Pub. L. 89–10, title III, § 3505, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3668,
related to State application for an allotment.
Section 6976, Pub. L. 89–10, title III, § 3506, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3669,
related to local application for a grant.
Section 6977, Pub. L. 89–10, title III, § 3507, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3670,
set forth program requirements.
Section 6978, Pub. L. 89–10, title III, § 3508, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3670,
related to Federal administration of programs.
Section 6979, Pub. L. 89–10, title III, § 3509, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3671,
authorized appropriations.
Prior sections 6981 to 6983 were repealed by Pub. L.
114–95, § 5, title III, § 3001(3), Dec. 10, 2015, 129 Stat. 1806,
1953, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Section 6981, Pub. L. 89–10, title III, § 3251, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1728,
related to professional release time.
Section 6982, Pub. L. 89–10, title III, § 3252, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1728,
related to notification of awards.
Section 6983, Pub. L. 89–10, title III, § 3253, as added
Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1728,
related to coordination and reporting requirements.
A prior section 7001, Pub. L. 89–10, title III, § 3601, as
added Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1711],
Dec. 21, 2000, 114 Stat. 2763, 2763A–337, related to limitation on availability of certain funds for schools, prior
to the general amendment of this subchapter by Pub.
L. 107–110.
Another prior section 7001 and prior sections 7002 to
7005 were repealed by Pub. L. 104–208, div. A, title I,

Page 1480

§ 101(e) [title VII, § 708(e)], Sept. 30, 1996, 110 Stat.
3009–233, 3009–312.
Section 7001, Pub. L. 89–10, title III, § 3601, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3671,
authorized elementary and secondary school library
media resources program.
Section 7002, Pub. L. 89–10, title III, § 3602, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3671,
related to allocation of funds to States.
Section 7003, Pub. L. 89–10, title III, § 3603, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3671,
required State plans meeting certain criteria.
Section 7004, Pub. L. 89–10, title III, § 3604, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3672,
related to distribution of allocations to local educational agencies.
Section 7005, Pub. L. 89–10, title III, § 3605, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3672,
authorized appropriations.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

PART B—GENERAL PROVISIONS
Editorial Notes
CODIFICATION
Pub. L. 114–95, title III, § 3001(4), Dec. 10, 2015, 129 Stat.
1953, redesignated part C (§ 7011 et seq.) of this subchapter as part B of this subchapter.
PRIOR PROVISIONS
A prior part B, consisting of sections 6891 to 6894, 6911
to 6918, 6931 to 6935, 6951, 6961 to 6968, and 6981 to 6983
of this title, related to improving language instruction
educational programs, prior to repeal by Pub. L. 114–95,
title III, § 3001(3), Dec. 10, 2015, 129 Stat. 1953.

§ 7011. Definitions
Except as otherwise provided, in this subchapter:
(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. Such term includes a Native Hawaiian or Native American
Pacific Islander native language educational
organization.
(3) Eligible entity
The term ‘‘eligible entity’’ means—
(A) one or more local educational agencies;
or
(B) one or more local educational agencies,
in consortia or collaboration with an institution of higher education, educational service agency, community-based organization,
or State educational agency.

Page 1481

TITLE 20—EDUCATION

(4) English learner with a disability
The term ‘‘English learner with a disability’’
means an English learner who is also a child
with a disability, as that term is defined in
section 1401 of this title.
(5) 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.
(6) 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 [43
U.S.C. 1601 et seq.], that is recognized as eligible for the special programs and services provided by the United States to Indians because
of their status as Indians.
(7) Language instruction educational program
The term ‘‘language instruction educational
program’’ means an instruction course—
(A) in which an English learner is placed
for the purpose of developing and attaining
English proficiency, while meeting challenging State academic standards; 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 designed to enable all participating children to become proficient in
English and a second language.
(8) Native American and Native American language
The terms ‘‘Native American’’ and ‘‘Native
American language’’ shall have the meanings
given such terms in section 2902 of title 25.
(9) 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.
(10) 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.

§ 7011

(11) 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.
(12) Specially qualified agency
The term ‘‘specially qualified agency’’
means an eligible entity 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.
(13) State
The term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Commonwealth of Puerto Rico.
(14) 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 6822(a) of this title 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 6822(a) of
this title.
(Pub. L. 89–10, title III, § 3201, formerly § 3301, as
added Pub. L. 107–110, title III, § 301, Jan. 8, 2002,
115 Stat. 1729; amended Pub. L. 110–315, title IX,
§ 941(k)(2)(F)(i), Aug. 14, 2008, 122 Stat. 3466; renumbered § 3201 and amended Pub. L. 114–95, title
III, §§ 3001(5)(A), 3004(a), Dec. 10, 2015, 129 Stat.
1953, 1965.)
Editorial Notes
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred
to in par. (6), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688,
as amended, which is classified generally to chapter 33
(§ 1601 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title
note set out under section 1601 of Title 43 and Tables.
PRIOR PROVISIONS
A prior section 3201 of Pub. L. 89–10 was classified to
section 6891 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 3201 of Pub. L. 89–10 was classified to section 6891 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Pars. (3), (4). Pub. L. 114–95, § 3004(a)(1), (2),
added pars. (3) and (4) and struck out former pars. (3)

§ 7012

TITLE 20—EDUCATION

and (4) which defined ‘‘community college’’ and ‘‘Director’’, respectively.
Par. (5). Pub. L. 114–95, § 3004(a)(1), (3), redesignated
par. (6) as (5) and struck out former par. (5) which defined ‘‘family education program’’.
Par. (6). Pub. L. 114–95, § 3004(a)(3), redesignated par.
(7) as (6). Former par. (6) redesignated (5).
Par. (7). Pub. L. 114–95, § 3004(a)(3), redesignated par.
(8) as (7). Former par. (7) redesignated (6).
Par. (7)(A). Pub. L. 114–95, § 3004(a)(4), substituted ‘‘an
English learner’’ for ‘‘a limited English proficient
child’’ and ‘‘challenging State academic standards’’ for
‘‘challenging State academic content and student academic achievement standards, as required by section
6311(b)(1) of this title’’.
Pars. (8) to (11). Pub. L. 114–95, § 3004(a)(3), redesignated pars. (9) to (12) as (8) to (11), respectively. Former
par. (8) redesignated (7).
Par. (12). Pub. L. 114–95, § 3004(a)(3), (5), redesignated
par. (13) as (12) and struck out ‘‘, as defined in section
6871 of this title,’’ after ‘‘eligible entity’’ in introductory provisions. Former par. (12) redesignated (11).
Pars. (13), (14). Pub. L. 114–95, § 3004(a)(3), redesignated
pars. (14) and (15) as (13) and (14), respectively. Former
par. (13) redesignated (12).
2008—Par. (3). Pub. L. 110–315 substituted ‘‘the Tribally Controlled Colleges and Universities Assistance
Act of 1978’’ for ‘‘the Tribally Controlled College or
University Assistance Act of 1978’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
RESEARCH RELATING TO BILINGUAL EDUCATION
Pub. L. 100–297, title VI, § 6211, Apr. 28, 1988, 102 Stat.
429, provided that:
‘‘(a) RESEARCH AND DEVELOPMENT.—The Secretary [of
Education] shall, through competitive contracts under
this section, provide financial assistance for research
and development proposals submitted by institutions of
higher education, private for-profit and nonprofit organizations, State and local educational agencies, and individuals.
‘‘(b) AUTHORIZED ACTIVITIES.—Research activities authorized to be assisted under this section shall include—
‘‘(1) studies to determine and evaluate effective
models for bilingual education programs;
‘‘(2) studies which examine the process by which individuals acquire a second language and master the
subject matter skills required for grade-promotion
and graduation, and which identify effective methods
for teaching English and subject matter skills within
the context of a bilingual education program or special alternative instructional program to students
who have language proficiencies other than English;
‘‘(3) longitudinal studies to measure the effect of
title VII of the Elementary and Secondary Education
Act of 1965 [former 20 U.S.C. 3281 et seq.] on students
enrolled in programs under such title (including a
longitudinal study of the impact of bilingual education programs on limited-English proficient students using a nationally representative sample of the
programs funded under such title and which provides
information including data on grade retention, academic performance, and dropout rates);
‘‘(4) studies to determine effective and reliable
methods for identifying students who are entitled to
services under such title and for determining when
their English language proficiency is sufficiently well
developed to permit them to derive optimal benefits
from an all-English instructional program;
‘‘(5) the operation of a clearinghouse which shall
collect, analyze, and disseminate information about

Page 1482

bilingual education and related programs (and coordinate its activities with the National Diffusion Network);
‘‘(6) studies to determine effective methods of
teaching English to adults who have language proficiencies other than English;
‘‘(7) studies to determine and evaluate effective
methods of instruction for bilingual programs, taking
into account language and cultural differences among
students;
‘‘(8) studies to determine effective approaches to
preservice and inservice training for teachers, taking
into account the language and cultural differences of
their students;
‘‘(9) the effect of such title on the capacity of local
educational agencies to operate bilingual programs
following the termination of assistance under this
[such] title; and
‘‘(10) studies to determine effective and reliable
methods for identifying gifted and talented students
who have language proficiencies other than English.
‘‘(c) CONSULTATION AND DELEGATION OF AUTHORITY.—
In carrying out the responsibilities of this section, the
Secretary may delegate authority to the Director, and
in any event, shall consult with the Director, representatives of State and local educational agencies,
appropriate groups and organizations involved in bilingual education, the Committee on Labor and Human
Resources [now Committee on Health, Education,
Labor, and Pensions] of the Senate, and the Committee
on Education and Labor of the House of Representatives.
‘‘(d) PUBLICATION OF PROPOSALS.—The Secretary shall
publish and disseminate all requests for proposals in research and development assisted under such title.
‘‘(e) LIMITATION OF AUTHORITY.—Nothing in this section shall be construed as authorizing the Secretary to
conduct or support studies or analyses of the content of
educational textbooks.’’
INFORMATION REGARDING BILINGUAL EDUCATION
Pub. L. 100–297, title VI, § 6213, Apr. 28, 1988, 102 Stat.
429, as amended by Pub. L. 104–66, title I, § 1042(a), Dec.
21, 1995, 109 Stat. 715, provided that: ‘‘The Secretary [of
Education] shall collect data for program management
and accountability purposes regarding—
‘‘(1) a national assessment of the educational needs
of children and other persons with limited English
proficiency and of the extent to which such needs are
being met from Federal, State, and local efforts;
‘‘(2) a plan, including cost estimates, to be carried
out during the 5-year period beginning on such date
[sic], for extending programs of bilingual education
and bilingual vocational and adult education programs to all such preschool and elementary schoolchildren and other persons of limited English proficiency, including a phased plan for the training of
the necessary teachers and other education personnel
necessary for such purpose;
‘‘(3) a statement of the activities intended to be
carried out during the succeeding period, including
an estimate of the cost of such activities; and
‘‘(4)(A) an assessment of the number of teachers and
other educational personnel needed to carry out programs of bilingual education under such title [sic]
and those carried out under other programs for persons of limited English proficiency;
‘‘(B) a statement describing the activities carried
out thereunder designed to prepare teachers and
other educational personnel for such programs; and
‘‘(C) the number of other educational personnel
needed to carry out programs of bilingual education
in the States.’’

§ 7012. Repealed. Pub. L. 114–95, title
§ 3001(5)(B), Dec. 10, 2015, 129 Stat. 1953

III,

Section, Pub. L. 89–10, title III, § 3302, as added Pub.
L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1732, related to parental notification.

Page 1483

TITLE 20—EDUCATION

A prior section 3302 of Pub. L. 89–10 was classified to
section 6922 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7013. National clearinghouse
(a) In general
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 English learners, 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 Institute of Education Sciences;
(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 English learners,
including English learners with a disability,
that includes information on best practices
on instructing and serving English learners;
and
(B) accountability systems that monitor
the academic progress of English learners in
language instruction educational programs,
including information on academic content
and English proficiency assessments for language instruction educational programs; and
(5) publish, on an annual basis, a list of
grant recipients under this subchapter.
(b) Construction
Nothing in this section shall authorize the
Secretary to hire additional personnel to execute subsection (a).
(Pub. L. 89–10, title III, § 3202, formerly § 3303, as
added Pub. L. 107–110, title III, § 301, Jan. 8, 2002,
115 Stat. 1733; amended Pub. L. 107–279, title IV,
§ 404(d)(5)(B), Nov. 5, 2002, 116 Stat. 1986; renumbered § 3202 and amended Pub. L. 114–95, title III,
§§ 3001(5)(C), 3004(b), Dec. 10, 2015, 129 Stat. 1953,
1965.)

§ 7014
AMENDMENTS

2015—Pub. L. 114–95, § 3004(b)(1), designated existing
provisions as subsec. (a) and substituted ‘‘English
learners’’ for ‘‘limited English proficient children’’ in
introductory provisions.
Subsec. (a)(4)(A). Pub. L. 114–95, § 3004(b)(2)(A), substituted ‘‘English learners, including English learners
with a disability, that includes information on best
practices on instructing and serving English learners’’
for ‘‘limited English proficient children’’.
Subsec. (a)(4)(B). Pub. L. 114–95, § 3004(b)(2)(B), substituted ‘‘English learners’’ for ‘‘limited English proficient children’’.
Subsec. (b). Pub. L. 114–95, § 3004(b)(3), added subsec.
(b).
2002—Par. (1). Pub. L. 107–279 substituted ‘‘Institute
of Education Sciences’’ for ‘‘Office of Educational Research and Improvement’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7014. Regulations
In developing regulations under this subchapter, the Secretary shall consult with State
educational agencies and local educational
agencies, organizations representing English
learners, and organizations representing teachers and other personnel involved in the education of English learners.
(Pub. L. 89–10, title III, § 3203, formerly § 3304, as
added Pub. L. 107–110, title III, § 301, Jan. 8, 2002,
115 Stat. 1734; renumbered § 3203 and amended
Pub. L. 114–95, title III, §§ 3001(5)(C), 3004(c), Dec.
10, 2015, 129 Stat. 1953, 1965.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3203 of Pub. L. 89–10 was classified to
section 6893 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 3203 of Pub. L. 89–10 was classified to section 6893 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 3004(c), substituted ‘‘representing English learners’’ for ‘‘representing limited
English proficient individuals’’ and ‘‘education of
English learners’’ for ‘‘education of limited English
proficient children’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT

Editorial Notes

Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PRIOR PROVISIONS

SUBCHAPTER IV—21ST CENTURY SCHOOLS

A prior section 3202 of Pub. L. 89–10 was classified to
section 6892 of this title, prior to repeal by Pub. L.
114–95.
Another prior section 3202 of Pub. L. 89–10 was classified to section 6892 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.

Editorial Notes
CODIFICATION
Title IV of the Elementary and Secondary Education
Act of 1965, comprising this subchapter, was originally

TITLE 20—EDUCATION

§ 7101

enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat.
27, and subsequently revised, restated, and amended by
other public laws. Title IV is shown, herein, as having
been added by Pub. L. 107–110, title IV, § 401, Jan. 8, 2002,
115 Stat. 1734, without reference to earlier amendments
because of the extensive revision of the title’s provisions by Pub. L. 107–110. See Codification note preceding section 6301 of this title.

PART A—STUDENT SUPPORT AND ACADEMIC
ENRICHMENT GRANTS
Editorial Notes
CODIFICATION
Pub. L. 114–95, title IV, § 4001(a)(5)(A), Dec. 10, 2015, 129
Stat. 1966, substituted ‘‘Student Support and Academic
Enrichment Grants’’ for ‘‘Safe and Drug-Free Schools
and Communities’’ in part heading.

§ 7101. General provisions
(a) Parental consent
(1) In general
(A) Informed written consent
A State, local educational agency, or other
entity receiving funds under this subchapter
shall obtain prior written, informed consent
from the parent of each child who is under 18
years of age to participate in any mentalhealth assessment or service that is funded
under this subchapter and conducted in connection with an elementary school or secondary school under this subchapter.
(B) Contents
Before obtaining the consent described in
subparagraph (A), the entity shall provide
the parent written notice describing in detail such mental health assessment or service, including the purpose for such assessment or service, the provider of such assessment or service, when such assessment or
service will begin, and how long such assessment or service may last.
(C) Limitation
The informed written consent required
under this paragraph shall not be a waiver of
any rights or protections under section 1232g
of this title.
(2) Exception
Notwithstanding paragraph (1)(A), the written, informed consent described in such paragraph shall not be required in—
(A) an emergency, where it is necessary to
protect the immediate health and safety of
the child, other children, or entity personnel; or
(B) other instances in which an entity actively seeks parental consent but such consent cannot be reasonably obtained, as determined by the State or local educational
agency, including in the case of—
(i) a child whose parent has not responded to the notice described in paragraph (1)(B); or
(ii) a child who has attained 14 years of
age and is an unaccompanied youth, as defined in section 11434a of title 42.
(b) Prohibited use of funds
No funds under this subchapter may be used
for medical services or drug treatment or reha-

Page 1484

bilitation, except for integrated student supports, specialized instructional support services,
or referral to treatment for impacted students,
which may include students who are victims of,
or witnesses to, crime or who illegally use
drugs.
(c) Prohibition on mandatory medication
No child shall be required to obtain a prescription for a controlled substance, as defined in
section 802 of title 21 as a condition of—
(1) receiving an evaluation or other service
described under this subchapter; or
(2) attending a school receiving assistance
under this subchapter.
(Pub. L. 89–10, title IV, § 4001, as added Pub. L.
114–95, title IV, § 4002, Dec. 10, 2015, 129 Stat.
1967.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7101, Pub. L. 89–10, title IV, § 4001, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1734, provided that this part could be cited as the
‘‘Safe and Drug-Free Schools and Communities Act’’,
prior to repeal by Pub. L. 114–95, § 5, title IV, § 4002, Dec.
10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs
and competitive programs.
Another prior section 7101, Pub. L. 89–10, title IV,
§ 4001, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3672, set forth short title of subchapter as the
‘‘Safe and Drug-Free Schools and Communities Act of
1994’’, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 4001 of Pub. L. 89–10 was classified to
section 3041 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§§ 7102, 7103. Repealed. Pub. L. 114–95, title IV,
§ 4002, Dec. 10, 2015, 129 Stat. 1967
Section 7102, Pub. L. 89–10, title IV, § 4002, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1734,
related to purpose of this part.
A prior section 7102, Pub. L. 89–10, title IV, § 4002, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3672, set forth findings, prior to the general amendment
of this subchapter by Pub. L. 107–110.
A prior section 4002 of Pub. L. 89–10 was classified to
section 3042 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 7103, Pub. L. 89–10, title IV, § 4003, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1734,
authorized appropriations for fiscal year 2002 and each
of the 5 succeeding fiscal years.
A prior section 7103, Pub. L. 89–10, title IV, § 4003, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3673, set forth purpose of former provisions, prior to the
general amendment of this subchapter by Pub. L.
107–110.
A prior section 4003 of Pub. L. 89–10 was classified to
section 3043 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
A prior section 7104, Pub. L. 89–10, title IV, § 4004, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3674, related to funding, prior to the general amendment of this subchapter by Pub. L. 107–110.

Page 1485

TITLE 20—EDUCATION

A prior section 4004 of Pub. L. 89–10 was classified to
section 3044 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
A prior section 7105, Pub. L. 99–570, title IV, § 4302,
Oct. 27, 1986, 100 Stat. 3207–153, which established National Trust for Drug-Free Youth to encourage private
gifts of property to assist the Secretary of Education in
carrying out the national programs of drug abuse research, education, and prevention under subtitle B of
title IV of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–125
(former 20 U.S.C. 4601 et seq.), was omitted from the
Code because of the repeal of subtitle B. Section was
formerly classified to section 4665, and subsequently
section 3225, of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.
SUBPART 1—STUDENT SUPPORT AND ACADEMIC
ENRICHMENT GRANTS

Editorial Notes
CODIFICATION
Subpart 1 of part A of title IV of the Elementary and
Secondary Education Act of 1965, comprising this subpart, was originally added to Pub. L. 89–10, title IV, by
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1735.
Subpart 1 is shown herein, however, as having been
added by Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129
Stat. 1968, without reference to the amendments by
Pub. L. 107–110 because of the extensive revision of subpart 1 by Pub. L. 114–95.

§ 7111. Purpose
The purpose of this subpart is to improve students’ academic achievement by increasing the
capacity of States, local educational agencies,
schools, and local communities to—
(1) provide all students with access to a wellrounded education;
(2) improve school conditions for student
learning; and
(3) improve the use of technology in order to
improve the academic achievement and digital
literacy of all students.
(Pub. L. 89–10, title IV, § 4101, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1968.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7111, Pub. L. 89–10, title IV, § 4111, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1735, related to reservations and allotments, prior
to the general amendment of this subpart by Pub. L.
114–95.
Another prior section 7111, Pub. L. 89–10, title IV,
§ 4011 [4111], as added Pub. L. 103–382, title I, § 101, Oct.
20, 1994, 108 Stat. 3674, related to reservations and allotments, prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 4101 of Pub. L. 89–10 was classified to
section 3061 of this title prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive pro-

§ 7112

grams, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7112. Definitions
In this subpart:
(1) Blended learning
The term ‘‘blended learning’’ means a formal
education program that leverages both technology-based and face-to-face instructional approaches—
(A) that include an element of online or
digital learning, combined with supervised
learning time, and student-led learning, in
which the elements are connected to provide
an integrated learning experience; and
(B) in which students are provided some
control over time, path, or pace.
(2) Controlled substance
The term ‘‘controlled substance’’ means a
drug or other substance identified under
Schedule I, II, III, IV, or V in section 812(c) of
title 21.
(3) Digital learning
The term ‘‘digital learning’’ means any instructional practice that effectively uses technology to strengthen a student’s learning experience and encompasses a wide spectrum of
tools and practices, including—
(A) interactive learning resources, digital
learning content (which may include openly
licensed content), software, or simulations,
that engage students in academic content;
(B) access to online databases and other
primary source documents;
(C) the use of data and information to personalize learning and provide targeted supplementary instruction;
(D) online and computer-based assessments;
(E) learning environments that allow for
rich collaboration and communication,
which may include student collaboration
with content experts and peers;
(F) hybrid or blended learning, which occurs under direct instructor supervision at a
school or other location away from home
and, at least in part, through online delivery
of instruction with some element of student
control over time, place, path, or pace; and
(G) access to online course opportunities
for students in rural or remote areas.
(4) Drug
The term ‘‘drug’’ includes—
(A) controlled substances;
(B) the illegal use of alcohol or tobacco,
including smokeless tobacco products and
electronic cigarettes; and
(C) the harmful, abusive, or addictive use
of substances, including inhalants and anabolic steroids.
(5) Drug and violence prevention
The term ‘‘drug and violence prevention’’
means—
(A) with respect to drugs, prevention,
early intervention, rehabilitation referral,
recovery support services, or education related to the illegal use of drugs, such as rais-

TITLE 20—EDUCATION

§ 7113

ing awareness about the consequences of
drug use that are evidence-based (to the extent a State, in consultation with local educational agencies in the State, determines
that such evidence is reasonably available);
and
(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 schoolsponsored 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.
(6) 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
mental health services to children and adolescents.
(7) State
The term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Commonwealth of Puerto Rico.
(8) Stem-focused specialty school
The term ‘‘STEM-focused specialty school’’
means a school, or dedicated program within a
school, that engages students in rigorous, relevant, and integrated learning experiences focused on science, technology, engineering, and
mathematics, including computer science,
which include authentic schoolwide research.
(Pub. L. 89–10, title IV, § 4102, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1969.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7112, Pub. L. 89–10, title IV, § 4112, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1736, related to reservation of State funds for safe
and drug-free schools, prior to the general amendment
of this subpart by Pub. L. 114–95.
Another prior section 7112, Pub. L. 89–10, title IV,
§ 4112, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3675, related to State applications, prior to the
general amendment of this subchapter by Pub. L.
107–110.
A prior section 4102 of Pub. L. 89–10 was classified to
section 3062 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

Page 1486

§ 7113. Formula grants to States
(a) Reservations
From the total amount appropriated under
section 7122 of this title for a fiscal year, the
Secretary shall reserve—
(1) one-half of 1 percent for allotments for
payments to the outlying areas, 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 subpart;
(2) 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 Education; and
(3) 2 percent for technical assistance and capacity building.
(b) State allotments
(1) Allotment
(A) In general
Subject to subparagraphs (B) and (C), from
the amount appropriated to carry out this
subpart that remains after the Secretary
makes the reservations under subsection (a),
the Secretary shall allot to each State having a plan approved under subsection (c), an
amount that bears the same relationship to
the remainder as the amount the State received under subpart 2 of part A of subchapter I for the preceding fiscal year bears
to the amount all States received under that
subpart for the preceding fiscal year.
(B) Small State minimum
No State receiving an allotment under this
paragraph shall receive less than one-half of
1 percent of the total amount allotted under
this paragraph.
(C) Puerto Rico
The amount allotted under this paragraph
to the Commonwealth of Puerto Rico for a
fiscal year may not exceed one-half of 1 percent of the total amount allotted under this
paragraph.
(2) Reallotment
If a State does not receive 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 subsection.
(c) State plan
(1) In general
In order to receive an allotment under this
section for any fiscal year, a State shall submit a plan to the Secretary, at such time and
in such manner as the Secretary may reasonably require.
(2) Contents
Each plan submitted by a State under this
section shall include the following:
(A) A description of how the State educational agency will use funds received
under this subpart for State-level activities.
(B) A description of how the State educational agency will ensure that awards
made to local educational agencies under

Page 1487

TITLE 20—EDUCATION

this subpart are in amounts that are consistent with section 7115(a)(2) of this title.
(C) Assurances that the State educational
agency will—
(i) review existing resources and programs across the State and will coordinate
any new plans and resources under this
subpart with such existing resources and
programs;
(ii) monitor the implementation of activities under this subpart and provide
technical assistance to local educational
agencies in carrying out such activities;
and
(iii) provide for equitable access for all
students to the activities supported under
this subpart, including aligning those activities with the requirements of other
Federal laws.
(Pub. L. 89–10, title IV, § 4103, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1970.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7113, Pub. L. 89–10, title IV, § 4113, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1739, related to State application to receive allotment, prior to the general amendment of this subpart
by Pub. L. 114–95.
Another prior section 7113, Pub. L. 89–10, title IV,
§ 4113, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3677, related to State and local educational
agency programs, prior to the general amendment of
this subchapter by Pub. L. 107–110.
A prior section 4103 of Pub. L. 89–10 was classified to
section 3063 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7114. State use of funds
(a) In general
Each State that receives an allotment under
section 7113 of this title for a fiscal year shall—
(1) reserve not less than 95 percent of the allotment to make allocations to local educational agencies under section 7115 of this
title;
(2) reserve not more than 1 percent of the allotment for the administrative costs of carrying out its responsibilities under this subpart, including public reporting on how funds
made available under this subpart are being
expended by local educational agencies, including the degree to which the local educational agencies have made progress toward
meeting the objectives and outcomes described
in section 7116(e)(1)(E) of this title; and
(3) use the amount made available to the
State and not reserved under paragraphs (1)
and (2) for activities described in subsection
(b).
(b) State activities
Each State that receives an allotment under
section 7113 of this title shall use the funds

§ 7114

available under subsection (a)(3) for activities
and programs designed to meet the purposes of
this subpart, which may include—
(1) providing monitoring of, and training,
technical assistance, and capacity building to,
local educational agencies that receive an allotment under section 7115 of this title;
(2) identifying and eliminating State barriers to the coordination and integration of
programs, initiatives, and funding streams
that meet the purposes of this subpart, so that
local educational agencies can better coordinate with other agencies, schools, and community-based services and programs; or
(3) supporting local educational agencies in
providing programs and activities that—
(A) offer well-rounded educational experiences to all students, as described in section
7117 of this title, including female students,
minority students, English learners, children with disabilities, and low-income students who are often underrepresented in
critical and enriching subjects, which may
include—
(i) increasing student access to and improving student engagement and achievement in—
(I) high-quality courses in science,
technology, engineering, and mathematics, including computer science;
(II) activities and programs in music
and the arts;
(III) foreign languages;
(IV) accelerated learning programs
that provide—
(aa) postsecondary level courses accepted for credit at institutions of
higher education, including dual or
concurrent enrollment programs, and
early college high schools; or
(bb) postsecondary level instruction
and examinations that are accepted for
credit at institutions of higher education, including Advanced Placement
and International Baccalaureate programs;
(V) American history, civics, economics, geography, social studies, or government education;
(VI) environmental education; or
(VII) other courses, activities, and programs or other experiences that contribute to a well-rounded education; or
(ii) reimbursing low-income students to
cover part or all of the costs of accelerated
learning examination fees, as described in
clause (i)(IV);
(B) foster safe, healthy, supportive, and
drug-free environments that support student
academic achievement, as described in section 7118 of this title, which may include—
(i) coordinating with any local educational agencies or consortia of such
agencies implementing a youth PROMISE
plan to reduce exclusionary discipline, as
described in section 7118(5)(F) of this title;
(ii) supporting local educational agencies
to—
(I) implement mental health awareness
training programs that are evidence-

§ 7115

TITLE 20—EDUCATION
based (to the extent the State determines that such evidence is reasonably
available) to provide education to school
personnel regarding resources available
in the community for students with
mental illnesses and other relevant resources relating to mental health or the
safe de-escalation of crisis situations involving a student with a mental illness;
or
(II) expand access to or coordinate resources for school-based counseling and
mental health programs, such as through
school-based mental health services
partnership programs;
(iii) providing local educational agencies
with resources that are evidence-based (to
the extent the State determines that such
evidence is reasonably available) addressing ways to integrate health and safety
practices into school or athletic programs;
and
(iv) disseminating best practices and
evaluating program outcomes relating to
any local educational agency activities to
promote student safety and violence prevention through effective communication
as described in section 7118(5)(C)(iv) of this
title; and

(C) increase access to personalized, rigorous learning experiences supported by
technology by—
(i) providing technical assistance to
local educational agencies to improve the
ability of local educational agencies to—
(I) identify and address technology
readiness needs, including the types of
technology infrastructure and access
available to the students served by the
local educational agency, including computer devices, access to school libraries,
Internet connectivity, operating systems, software, related network infrastructure, and data security;
(II) use technology, consistent with the
principles of universal design for learning, to support the learning needs of all
students, including children with disabilities and English learners; and
(III) build capacity for principals,
other school leaders, and local educational agency administrators to support teachers in using data and technology to improve instruction and personalize learning;
(ii) supporting schools in rural and remote areas to expand access to high-quality digital learning opportunities;
(iii) developing or using strategies that
are innovative or evidence-based (to the
extent the State determines that such evidence is reasonably available) for the delivery of specialized or rigorous academic
courses and curricula through the use of
technology, including digital learning
technologies and assistive technology,
which may include increased access to online dual or concurrent enrollment opportunities, career and technical courses, and
programs leading to a recognized postsec-

Page 1488

ondary credential (as defined in section
3102 of title 29);
(iv) disseminating promising practices
related to technology instruction, data security, and the acquisition and implementation of technology tools and applications, including through making such
promising practices publicly available on
the website of the State educational agency;
(v) providing teachers, paraprofessionals,
school librarians and media personnel, specialized instructional support personnel,
and administrators with the knowledge
and skills to use technology effectively,
including effective integration of technology, to improve instruction and student
achievement, which may include coordination with teacher, principal, and other
school leader preparation programs; and
(vi) making instructional content widely
available through open educational resources, which may include providing tools
and processes to support local educational
agencies in making such resources widely
available.
(c) Special rule
A State that receives a grant under this subpart for fiscal year 2017 may use the amount
made available to the State and not reserved
under paragraphs (1) and (2) of subsection (a) for
such fiscal year to cover part or all of the fees
for accelerated learning examinations taken by
low-income students during the 2016-2017 school
year, in accordance with subsection (b)(3)(A)(ii).
(Pub. L. 89–10, title IV, § 4104, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1971.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7114, Pub. L. 89–10, title IV, § 4114, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1742, related to local educational agency programs, prior to the general amendment of this subpart
by Pub. L. 114–95.
Another prior section 7114, Pub. L. 89–10, title IV,
§ 4114, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3679, related to governor’s programs, prior to
the general amendment of this subchapter by Pub. L.
107–110.
A prior section 4104 of Pub. L. 89–10 was classified to
section 3064 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7115. Allocations to local educational agencies
(a) Allocations to local educational agencies
(1) In general
From the funds reserved by a State under
section 7114(a)(1) of this title, the State shall
allocate to each local educational agency in

Page 1489

TITLE 20—EDUCATION

the State that has an application approved by
the State educational agency under section
7116 of this title an amount that bears the
same relationship to the total amount of such
reservation as the amount the local educational agency received under subpart 2 of
part A of subchapter I for the preceding fiscal
year bears to the total amount received by all
local educational agencies in the State under
such subpart for the preceding fiscal year.
(2) Minimum local educational agency allocation
No allocation to a local educational agency
under this subsection may be made in an
amount that is less than $10,000, subject to
subsection (b).
(3) Consortia
Local educational agencies in a State may
form a consortium with other surrounding
local educational agencies and combine the
funds each such agency in the consortium receives under this section to jointly carry out
the local activities described in this subpart.
(b) Ratable reduction
If the amount reserved by the State under section 7114(a)(1) of this title is insufficient to
make allocations to local educational agencies
in an amount equal to the minimum allocation
described in subsection (a)(2), such allocations
shall be ratably reduced.
(c) Administrative costs
Of the amount received under subsection
(a)(2), a local educational agency may reserve
not more than 2 percent for the direct administrative costs of carrying out the local educational agency’s responsibilities under this
subpart.
(Pub. L. 89–10, title IV, § 4105, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1974.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7115, Pub. L. 89–10, title IV, § 4115, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1745, related to authorized activities, prior to the
general amendment of this subpart by Pub. L. 114–95.
Another prior section 7115, Pub. L. 89–10, title IV,
§ 4115, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3681, related to local applications, prior to the
general amendment of this subchapter by Pub. L.
107–110.
A prior section 4105 of Pub. L. 89–10 was classified to
section 3065 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7116. Local educational agency applications
(a) Eligibility
To be eligible to receive an allocation under
section 7115(a) of this title, a local educational
agency shall—

§ 7116

(1) submit an application, which shall contain, at a minimum, the information described
in subsection (e), to the State educational
agency at such time, in such manner, and containing such information as the State educational agency may reasonably require; and
(2) complete a needs assessment in accordance with subsection (d).
(b) Consortium
If a local educational agency desires to carry
out the activities described in this subpart in
consortium with one or more surrounding local
educational agencies as described in section
7115(a)(3) of this title, such local educational
agencies shall submit a single application as required under subsection (a).
(c) Consultation
(1) In general
A local educational agency, or consortium of
such agencies, shall develop its application
through consultation with parents, teachers,
principals, other school leaders, specialized instructional support personnel, students, community-based organizations, local government
representatives (which may include a local law
enforcement agency, local juvenile court,
local child welfare agency, or local public
housing agency), Indian tribes or tribal organizations that may be located in the region
served by the local educational agency (where
applicable), charter school teachers, principals, and other school leaders (if such agency
or consortium of such agencies supports charter schools), and others with relevant and
demonstrated expertise in programs and activities designed to meet the purpose of this
subpart.
(2) Continued consultation
The local educational agency, or consortium
of such agencies, shall engage in continued
consultation with the entities described in
paragraph (1) in order to improve the local activities in order to meet the purpose of this
subpart and to coordinate such implementation with other related strategies, programs,
and activities being conducted in the community.
(d) Needs assessment
(1) In general
Except as provided in paragraph (2) and prior
to receiving an allocation under this subpart,
a local educational agency or consortium of
such agencies shall conduct a comprehensive
needs assessment of the local educational
agency or agencies proposed to be served
under this subpart in order to examine needs
for improvement of—
(A) access to, and opportunities for, a wellrounded education for all students;
(B) school conditions for student learning
in order to create a healthy and safe school
environment; and
(C) access to personalized learning experiences supported by technology and professional development for the effective use of
data and technology.
(2) Exception
A local educational agency receiving an allocation under section 7115(a) of this title in an

§ 7117

TITLE 20—EDUCATION

amount that is less than $30,000 shall not be
required to conduct a comprehensive needs assessment under paragraph (1).
(3) Frequency of needs assessment
Each local educational agency, or consortium of local educational agencies, shall conduct the needs assessment described in paragraph (1) once every 3 years.
(e) Contents of local application
Each application submitted under this section
by a local educational agency, or a consortium
of such agencies, shall include the following:
(1) Descriptions
A description of the activities and programming that the local educational agency, or
consortium of such agencies, will carry out
under this subpart, including a description
of—
(A) any partnership with an institution of
higher education, business, nonprofit organization, community-based organization, or
other public or private entity with a demonstrated record of success in implementing
activities under this subpart;
(B) if applicable, how funds will be used for
activities related to supporting well-rounded
education under section 7117 of this title;
(C) if applicable, how funds will be used for
activities related to supporting safe and
healthy students under section 7118 of this
title;
(D) if applicable, how funds will be used for
activities related to supporting the effective
use of technology in schools under section
7119 of this title; and
(E) the program objectives and intended
outcomes for activities under this subpart,
and how the local educational agency, or
consortium of such agencies, will periodically evaluate the effectiveness of the activities carried out under this section based
on such objectives and outcomes.
(2) Assurances
Each application shall include assurances
that the local educational agency, or consortium of such agencies, will—
(A) prioritize the distribution of funds to
schools served by the local educational agency, or consortium of such agencies, that—
(i) are among the schools with the greatest needs, as determined by such local educational agency, or consortium;
(ii) have the highest percentages or numbers of children counted under section
6333(c) of this title;
(iii) are identified for comprehensive
support and improvement under section
6311(c)(4)(D)(i) of this title;
(iv) are implementing targeted support
and improvement plans as described in section 6311(d)(2) of this title; or
(v) are identified as a persistently dangerous public elementary school or secondary school under section 7912 of this
title;
(B) comply with section 7881 of this title
(regarding equitable participation by private
school children and teachers);

Page 1490

(C) use not less than 20 percent of funds received under this subpart to support one or
more of the activities authorized under section 7117 of this title;
(D) use not less than 20 percent of funds received under this subpart to support one or
more activities authorized under section 7118
of this title;
(E) use a portion of funds received under
this subpart to support one or more activities authorized under section 7119(a) of this
title, including an assurance that the local
educational agency, or consortium of local
educational agencies, will comply with section 7119(b) of this title; and
(F) annually report to the State for inclusion in the report described in section
7114(a)(2) of this title how funds are being
used under this subpart to meet the requirements of subparagraphs (C) through (E).
(f) Special rule
Any local educational agency receiving an allocation under section 7115(a)(1) of this title in
an amount less than $30,000 shall be required to
provide only one of the assurances described in
subparagraphs (C), (D), and (E) of subsection
(e)(2).
(Pub. L. 89–10, title IV, § 4106, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1974.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7116, Pub. L. 89–10, title IV, § 4116, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1750, related to reporting by States and local educational agencies, prior to the general amendment of
this subpart by Pub. L. 114–95.
Another prior section 7116, Pub. L. 89–10, title IV,
§ 4116, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3682; amended Pub. L. 106–554, § 1(a)(1) [title
III, § 314], Dec. 21, 2000, 114 Stat. 2763, 2763A–47, related
to local drug and violence prevention programs, prior
to the general amendment of this subchapter by Pub.
L. 107–110.
A prior section 4106 of Pub. L. 89–10 was classified to
section 3066 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7117. Activities to support well-rounded educational opportunities
(a) In general
Subject to section 7116(f) of this title, each
local educational agency, or consortium of such
agencies, that receives an allocation under section 7115(a) of this title shall use a portion of
such funds to develop and implement programs
and activities that support access to a wellrounded education and that—
(1) are coordinated with other schools and
community-based services and programs;

Page 1491

TITLE 20—EDUCATION

(2) may be conducted in partnership with an
institution of higher education, business, nonprofit organization, community-based organization, or other public or private entity with
a demonstrated record of success in implementing activities under this section; and
(3) may include programs and activities,
such as—
(A) college and career guidance and counseling programs, such as—
(i) postsecondary education and career
awareness and exploration activities;
(ii) training counselors to effectively use
labor market information in assisting students with postsecondary education and
career planning; and
(iii) financial literacy and Federal financial aid awareness activities;

§ 7118

learning courses and plan to take accelerated learning examinations; or
(ii) increasing the availability of, and enrollment in, accelerated learning courses,
accelerated learning examinations, dual or
concurrent enrollment programs, and
early college high school courses;
(E) activities to promote the development,
implementation, and strengthening of programs to teach traditional American history, civics, economics, geography, or government education;
(F) foreign language instruction;
(G) environmental education;
(H) programs and activities that promote
volunteerism and community involvement;
(I) programs and activities that support
educational programs that integrate multiple disciplines, such as programs that combine arts and mathematics; or
(J) other activities and programs to support student access to, and success in, a variety of well-rounded education experiences.
(b) Special rule
A local educational agency, or consortium of
such agencies, that receives a subgrant under
this subpart for fiscal year 2017 may use such
funds to cover part or all of the fees for accelerated learning examinations taken by low-income students during the 2016-2017 school year,
in accordance with subsection (a)(3)(D).

(B) programs and activities that use music
and the arts as tools to support student success through the promotion of constructive
student engagement, problem solving, and
conflict resolution;
(C) programming and activities to improve
instruction and student engagement in
science, technology, engineering, and mathematics, including computer science, (referred to in this section as ‘‘STEM subjects’’) such as—
(i) increasing access for students through
grade 12 who are members of groups underrepresented in such subject fields, such as
female
students,
minority
students,
English learners, children with disabilities, and economically disadvantaged students, to high-quality courses;
(ii) supporting the participation of lowincome students in nonprofit competitions
related to STEM subjects (such as robotics, science research, invention, mathematics, computer science, and technology
competitions);
(iii) providing hands-on learning and exposure to science, technology, engineering,
and mathematics and supporting the use of
field-based or service learning to enhance
the students’ understanding of the STEM
subjects;
(iv) supporting the creation and enhancement of STEM-focused specialty
schools;
(v) facilitating collaboration among
school, after-school program, and informal
program personnel to improve the integration of programming and instruction in
the identified subjects; and
(vi) integrating other academic subjects,
including the arts, into STEM subject programs to increase participation in STEM
subjects, improve attainment of skills related to STEM subjects, and promote wellrounded education;

§ 7118. Activities to support safe and healthy students

(D) efforts to raise student academic
achievement through accelerated learning
programs
described
in
section
7114(b)(3)(A)(i)(IV) of this title, such as—
(i) reimbursing low-income students to
cover part or all of the costs of accelerated
learning examination fees, if the low-income students are enrolled in accelerated

Subject to section 7116(f) of this title, each
local educational agency, or consortium of such
agencies, that receives an allocation under section 7115(a) of this title shall use a portion of
such funds to develop, implement, and evaluate
comprehensive programs and activities that—
(1) are coordinated with other schools and
community-based services and programs;

(Pub. L. 89–10, title IV, § 4107, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1977.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7117, Pub. L. 89–10, title IV, § 4117, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1750, related to programs for Native Hawaiians,
prior to the general amendment of this subpart by Pub.
L. 114–95.
Another prior section 7117, Pub. L. 89–10, title IV,
§ 4117, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3685, related to evaluation and reporting, prior
to the general amendment of this subchapter by Pub.
L. 107–110.
A prior section 4107 of Pub. L. 89–10 was classified to
section 3067 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7118

TITLE 20—EDUCATION

(2) foster safe, healthy, supportive, and drugfree environments that support student academic achievement;
(3) promote the involvement of parents in
the activity or program;
(4) may be conducted in partnership with an
institution of higher education, business, nonprofit organization, community-based organization, or other public or private entity with
a demonstrated record of success in implementing activities described in this section;
and
(5) may include, among other programs and
activities—
(A) drug and violence prevention activities
and programs that are evidence-based (to
the extent the State, in consultation with
local educational agencies in the State, determines that such evidence is reasonably
available) including—
(i) programs to educate students against
the use of alcohol, tobacco, marijuana,
smokeless tobacco products, and electronic cigarettes; and
(ii) professional development and training for school and specialized instructional
support personnel and interested community members in prevention, education,
early identification, intervention mentoring, recovery support services and,
where appropriate, rehabilitation referral,
as related to drug and violence prevention;
(B) in accordance with sections 7101 and
7121 of this title—
(i) school-based mental health services,
including early identification of mental
health symptoms, drug use, and violence,
and appropriate referrals to direct individual or group counseling services, which
may be provided by school-based mental
health services providers; and
(ii) school-based mental health services
partnership programs that—
(I) are conducted in partnership with a
public or private mental health entity or
health care entity; and
(II) provide comprehensive schoolbased mental health services and supports and staff development for school
and community personnel working in the
school that are—
(aa) based on trauma-informed practices that are evidence-based (to the
extent the State, in consultation with
local educational agencies in the
State, determines that such evidence
is reasonably available);
(bb) coordinated (where appropriate)
with early intervening services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.); and
(cc) provided by qualified mental and
behavioral health professionals who
are certified or licensed by the State
involved and practicing within their
area of expertise;
(C) programs or activities that—
(i) integrate health and safety practices
into school or athletic programs;

Page 1492

(ii) support a healthy, active lifestyle,
including nutritional education and regular, structured physical education activities and programs, that may address
chronic disease management with instruction led by school nurses, nurse practitioners, or other appropriate specialists or
professionals to help maintain the wellbeing of students;
(iii) help prevent bullying and harassment;
(iv) improve instructional practices for
developing relationship-building skills,
such as effective communication, and improve safety through the recognition and
prevention of coercion, violence, or abuse,
including teen and dating violence, stalking, domestic abuse, and sexual violence
and harassment;
(v) provide mentoring and school counseling to all students, including children
who are at risk of academic failure, dropping out of school, involvement in criminal or delinquent activities, or drug use
and abuse;
(vi) establish or improve school dropout
and re-entry programs; or
(vii) establish learning environments and
enhance students’ effective learning skills
that are essential for school readiness and
academic success, such as by providing integrated systems of student and family
supports;
(D) high-quality training for school personnel, including specialized instructional
support personnel, related to—
(i) suicide prevention;
(ii) effective and trauma-informed practices in classroom management;
(iii) crisis management and conflict resolution techniques;
(iv) human trafficking (defined, for purposes of this subparagraph, as an act or
practice described in paragraph (9) or (10) 1
of section 7102 of title 22);
(v) school-based violence prevention
strategies;
(vi) drug abuse prevention, including
educating children facing substance abuse
at home; and
(vii) bullying and harassment prevention;
(E) in accordance with sections 7101 and
7121 of this title, child sexual abuse awareness and prevention programs or activities,
such as programs or activities designed to
provide—
(i) age-appropriate and developmentallyappropriate instruction for students in
child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to safely report child
sexual abuse; and
(ii) information to parents and guardians
of students about child sexual abuse
awareness and prevention, including how
to recognize child sexual abuse and how to
discuss child sexual abuse with a child;
1 See

References in Text note below.

Page 1493

TITLE 20—EDUCATION

(F) designing and implementing a locallytailored plan to reduce exclusionary discipline practices in elementary and secondary schools that—
(i) is consistent with best practices;
(ii) includes strategies that are evidencebased (to the extent the State, in consultation with local educational agencies in the
State, determines that such evidence is
reasonably available); and
(iii) is aligned with the long-term goal of
prison reduction through opportunities,
mentoring, intervention, support, and
other education services, referred to as a
‘‘youth PROMISE plan’’; or
(G) implementation of schoolwide positive
behavioral interventions and supports, including through coordination with similar
activities carried out under the Individuals
with Disabilities Education Act (20 U.S.C.
1400 et seq.), in order to improve academic
outcomes and school conditions for student
learning;
(H) designating a site resource coordinator
at a school or local educational agency to
provide a variety of services, such as—
(i) establishing partnerships within the
community to provide resources and support for schools;
(ii) ensuring that all service and community partners are aligned with the academic expectations of a community school
in order to improve student success; and
(iii) strengthening relationships between
schools and communities; or
(I) pay for success initiatives aligned with
the purposes of this section.
(Pub. L. 89–10, title IV, § 4108, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1978.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in par. (5)(B)(ii)(II)(bb), (G), is title VI of Pub.
L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified
generally to chapter 33 (§ 1400 et seq.) of this title. For
complete classification of this Act to the Code, see section 1400 of this title and Tables.
Paragraphs (9) and (10) of section 7102 of title 22, referred to in par. (5)(D)(iv), were redesignated pars. (11)
and (12), respectively, of section 7102 of title 22 by Pub.
L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503.
PRIOR PROVISIONS
A prior section 7118, Pub. L. 89–10, title IV, § 4118, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3685, related to programs for Native Hawaiians, and was
omitted in the general amendment of this subchapter
by Pub. L. 107–110.
A prior section 4108 of Pub. L. 89–10 was classified to
section 3068 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7119

§ 7119. Activities to support the effective use of
technology
(a) Uses of funds
Subject to section 7116(f) of this title, each
local educational agency, or consortium of such
agencies, that receives an allocation under section 7115(a) 1 of this title shall use a portion of
such funds to improve the use of technology to
improve the academic achievement, academic
growth, and digital literacy of all students, including by meeting the needs of such agency or
consortium that are identified in the needs assessment conducted under section 7116(d) of this
title (if applicable), which may include—
(1) providing educators, school leaders, and
administrators with the professional learning
tools, devices, content, and resources to—
(A) personalize learning to improve student academic achievement;
(B) discover, adapt, and share relevant
high-quality educational resources;
(C) use technology effectively in the classroom, including by administering computerbased assessments and blended learning
strategies; and
(D) implement and support school- and district-wide approaches for using technology
to inform instruction, support teacher collaboration, and personalize learning;
(2) building technological capacity and infrastructure, which may include—
(A) procuring content and ensuring content quality; and
(B) purchasing devices, equipment, and
software applications in order to address
readiness shortfalls;
(3) developing or using effective or innovative strategies for the delivery of specialized
or rigorous academic courses and curricula
through the use of technology, including digital learning technologies and assistive technology;
(4) carrying out blended learning projects,
which shall include—
(A) planning activities, which may include
development of new instructional models
(including blended learning technology software and platforms), the purchase of digital
instructional resources, initial professional
development activities, and one-time information technology purchases, except that
such expenditures may not include expenditures related to significant construction or
renovation of facilities; or
(B) ongoing professional development for
teachers, principals, other school leaders, or
other personnel involved in the project that
is designed to support the implementation
and academic success of the project;
(5) providing professional development in the
use of technology (which may be provided
through partnerships with outside organizations) to enable teachers and instructional
leaders to increase student achievement in the
areas of science, technology, engineering, and
mathematics, including computer science; and
(6) providing students in rural, remote, and
underserved areas with the resources to take
1 See

References in Text note below.

TITLE 20—EDUCATION

§ 7120

advantage of high-quality digital learning experiences, digital resources, and access to online courses taught by effective educators.
(b) Special rule
A local educational agency, or consortium of
such agencies, shall not use more than 15 percent of funds for purchasing technology infrastructure as described in subsection (a)(2)(B),
which shall include technology infrastructure
purchased for the activities under subsection
(a)(4)(A).
(Pub. L. 89–10, title IV, § 4109, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1981.)
Editorial Notes
REFERENCES IN TEXT
Section 7115(a) of this title, referred to in subsec. (a),
was in the original ‘‘section 4015(a)’’, and was translated as meaning section 4105(a) of the Elementary and
Secondary Education Act of 1965, Pub. L. 89–10, to reflect the probable intent of Congress, because that Act
does not contain a section 4015 and section 4105(a) refers to allocations.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7120. Supplement, not supplant

Page 1494

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7122. Authorization of appropriations
(a) In general
There are authorized to be appropriated to
carry out this subpart $1,650,000,000 for fiscal
year 2017 and $1,600,000,000 for each of fiscal
years 2018 through 2020.
(b) Forward funding
Section 1223 of this title shall apply to this
subpart.
(Pub. L. 89–10, title IV, § 4112, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1982.)
Editorial Notes
PRIOR PROVISIONS
A prior section 4112 of Pub. L. 89–10 was classified to
section 7112 of this title, prior to the general amendment of this subpart by Pub. L. 114–95.
Another prior section 4112 of Pub. L. 89–10 was classified to section 7112 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE

Funds made available under this subpart shall
be used to supplement, and not supplant, nonFederal funds that would otherwise be used for
activities authorized under this subpart.

Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

(Pub. L. 89–10, title IV, § 4110, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1982.)

SUBPART 2—INTERNET SAFETY

Editorial Notes
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7121. Rule of construction
Nothing in this subpart may be construed to—
(1) authorize activities or programming that
encourages teenage sexual activity; or
(2) prohibit effective activities or programming that meet the requirements of section
7906 of this title.
(Pub. L. 89–10, title IV, § 4111, as added Pub. L.
114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat.
1982.)
Editorial Notes
PRIOR PROVISIONS
A prior section 4111 of Pub. L. 89–10 was classified to
section 7111 of this title, prior to the general amendment of this subpart by Pub. L. 114–95.
A prior section 4011 [4111] of Pub. L. 89–10 was classified to section 7111 of this title, prior to the general
amendment of this subchapter by Pub. L. 107–110.

CODIFICATION
Pub. L. 114–95, title II, § 2001(a)(4)(A)–(C), title IV,
§ 4001(a)(5)(C), Dec. 10, 2015, 129 Stat. 1913, 1966, redesignated subpart 4 (§ 6777) of part D of subchapter II of this
chapter as subpart 2 of part A of this subchapter.
PRIOR PROVISIONS
A prior subpart 2, consisting of sections 7131 to 7140
of this title, related to national programs, prior to repeal by Pub. L. 114–95, title IV, § 4001(a)(5)(B), Dec. 10,
2015, 129 Stat. 1966.

§ 7131. 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 title 47 may be used to purchase computers
used to access the Internet, or to pay for direct
costs associated with accessing the Internet, for
such school unless the school, school board,
local educational agency, or other authority
with responsibility for administration of such
school both—
(1)(A) has in place a policy of Internet safety
for minors that includes the operation of a

Page 1495

TITLE 20—EDUCATION

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 chapter 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 chapter.
(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 chapter, shall certify that it is undertaking such actions,
including any necessary procurement
procedures, to put in place an Internet
safety policy that meets such requirements; and
(II) for the second program year after
December 21, 2000, in which the local
educational agency is applying for funds
for such school under this chapter, shall
certify that such school is in compliance
with such requirements.
(ii) Ineligibility
Any school covered by subsection (a) for
which the local educational agency con-

§ 7131

cerned 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 1 same manner as the Secretary is authorized to take such actions under sections 455,
456, and 457, respectively, of the General Education Provisions Act [20 U.S.C. 1234d, 1234e,
1234f].
(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 evidence) that a recipient of funds who is subject
to the withholding of payments under para1 So

in original. Probably should be followed by ‘‘the’’.

§ 7131

TITLE 20—EDUCATION

graph (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.
(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.
(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.
(f) Severability
If any provision of this section is held invalid,
the remainder of this section shall not be affected thereby.

Page 1496

(Pub. L. 89–10, title IV, § 4121, formerly title II,
§ 2441, as added Pub. L. 107–110, title II, § 201, Jan.
8, 2002, 115 Stat. 1686; renumbered title IV, § 4161,
renumbered § 4121, Pub. L. 114–95, title II,
§ 2001(a)(4)(A), (B), (D), title IV, § 4001(a)(5)(D),
Dec. 10, 2015, 129 Stat. 1913, 1966.)
Editorial Notes
CODIFICATION
Section was classified to section 6777 of this title
prior to renumbering by Pub. L. 114–95.
PRIOR PROVISIONS
Prior sections 7131 to 7140 were repealed by Pub. L.
114–95, § 5, title IV, § 4001(a)(5)(B), Dec. 10, 2015, 129 Stat.
1806, 1966, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Section 7131, Pub. L. 89–10, title IV, § 4121, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1751,
related to Federal activities.
A prior section 7131, Pub. L. 89–10, title IV, § 4121, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3686, related to Federal activities, prior to the general
amendment of this subchapter by Pub. L. 107–110.
Section 7132, Pub. L. 89–10, title IV, § 4122, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1752,
related to impact evaluation.
A prior section 7132, Pub. L. 89–10, title IV, § 4122, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3687, related to grants to institutions of higher education, prior to repeal by Pub. L. 105–244, § 3, title IX,
§ 981, Oct. 7, 1998, 112 Stat. 1585, 1837, effective Oct. 1,
1998, except as otherwise provided in Pub. L. 105–244.
Section 7133, Pub. L. 89–10, title IV, § 4123, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1752,
related to hate crime prevention.
A prior section 7133, Pub. L. 89–10, title IV, § 4123, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3687, related to hate crime prevention, prior to the general amendment of this subchapter by Pub. L. 107–110.
Section 7134, Pub. L. 89–10, title IV, § 4124, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1754,
related to the Safe and Drug-Free Schools and Communities Advisory Committee.
Section 7135, Pub. L. 89–10, title IV, § 4125, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1755,
related to the National Coordinator Program.
Section 7136, Pub. L. 89–10, title IV, § 4126, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1756,
related to community service grant programs.
Section 7137, Pub. L. 89–10, title IV, § 4127, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1756,
related to the School Security Technology and Resource Center.
Section 7138, Pub. L. 89–10, title IV, § 4128, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1756,
related to the National Center for School and Youth
Safety.
Section 7139, Pub. L. 89–10, title IV, § 4129, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1757,
authorized grants to reduce alcohol abuse.
Section 7140, Pub. L. 89–10, title IV, § 4130, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1758,
related to mentoring programs.
Prior sections 7141 to 7144 were omitted in the general
amendment of this subchapter by Pub. L. 107–110.
Section 7141, Pub. L. 89–10, title IV, § 4131, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3689,
defined terms.
Section 7142, Pub. L. 89–10, title IV, § 4132, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3689,
related to materials.
Section 7143, Pub. L. 89–10, title IV, § 4133, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3690,
set forth prohibited uses of funds.
Section 7144, Pub. L. 89–10, title IV, § 4134, as added
Pub. L. 105–277, div. D, title I, § 122, Oct. 21, 1998, 112

Page 1497

TITLE 20—EDUCATION

Stat. 2681–756, related to quality rating of drug, alcohol, and tobacco prevention programs implemented in
public elementary schools and secondary schools.
SUBPART 3—GUN POSSESSION

Editorial Notes
CODIFICATION
Subpart 3 of part A of title IV of the Elementary and
Secondary Education Act, comprising this subpart, was
redesignated subpart 4 of part F of title VIII of the Act
by Pub. L. 114–95, title IV, § 4001(a)(2)(A)–(C), title VIII,
§ 8001(a), (b)(1), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089,
and transferred to subpart 4 (§ 7961) of part F of subchapter VIII of this chapter.

§ 7151. Transferred
Editorial Notes
CODIFICATION
Section 7151, Pub. L. 89–10, title IV, § 4141, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1762,
which related to gun-free requirements, was renumbered section 8561 of Pub. L. 89–10 by Pub. L. 114–95,
title IV, § 4001(a)(2)(D), title VIII, § 8001(a)(8), Dec. 10,
2015, 129 Stat. 1966, 2088, 2089, and transferred to section
7961 of this title.
SUBPART 4—GENERAL PROVISIONS

§§ 7161 to 7164. Repealed. Pub. L. 114–95, title IV,
§ 4001(a)(5)(B), Dec. 10, 2015, 129 Stat. 1966
Section 7161, Pub. L. 89–10, title IV, § 4151, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1763,
defined terms.
Section 7162, Pub. L. 89–10, title IV, § 4152, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1764,
related to message and materials.
Section 7163, Pub. L. 89–10, title IV, § 4153, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1765,
related to parental consent.
Section 7164, Pub. L. 89–10, title IV, § 4154, as added
Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1765,
related to prohibited uses of funds.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7165. Transferred
Editorial Notes
CODIFICATION
Section, Pub. L. 89–10, title IV, § 4155, as added Pub.
L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1765,
which related to transfer of school disciplinary records,
was renumbered section 8537 of Pub. L. 89–10 by Pub. L.
114–95, title IV, § 4001(a)(3), title VIII, § 8001(a)(6), Dec.
10, 2015, 129 Stat. 1966, 2088, 2089, and transferred to section 7917 of this title.

PART B—21ST CENTURY COMMUNITY LEARNING
CENTERS
§ 7171. Purpose; definitions
(a) Purpose
The purpose of this part is to provide opportunities for communities to establish or expand
activities in community learning centers that—

§ 7171

(1) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly students
who attend low-performing schools, to meet
the challenging State academic standards;
(2) offer students a broad array of additional
services, programs, and activities, such as
youth development activities, service learning, nutrition and health education, drug and
violence prevention programs, counseling programs, arts, music, physical fitness and
wellness programs, technology education programs, financial literacy programs, environmental literacy programs, mathematics,
science, career and technical programs, internship or apprenticeship programs, and
other ties to an in-demand industry sector or
occupation for high school students 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 active and meaningful engagement in their children’s education, including opportunities for
literacy and related educational development.
(b) Definitions
In this part:
(1) Community learning center
The term ‘‘community learning center’’
means an entity that—
(A) assists students to meet the challenging State academic standards by providing the students with academic enrichment activities and a broad array of other
activities (such as programs and activities
described in subsection (a)(2)) during nonschool hours or periods when school is not in
session (such as before and after school or
during summer recess) that—
(i) reinforce and complement the regular
academic programs of the schools attended
by the students served; and
(ii) are targeted to the students’ academic needs and aligned with the instruction students receive during the school
day; and
(B) offers families of students served by
such center opportunities for active and
meaningful engagement in their children’s
education, including 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 this
part (as this part was in effect on the day before the effective date of this part under the
Every Student Succeeds Act); and
(B) the grant period had not ended on that
effective date.
(3) Eligible entity
The term ‘‘eligible entity’’ means a local
educational agency, community-based organization, Indian tribe or tribal organization (as
such terms are defined in section 5304 of title
25), another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities.

TITLE 20—EDUCATION

§ 7172

(4) External organization
The term ‘‘external organization’’ means—
(A) a nonprofit organization with a record
of success in running or working with before
and after school (or summer recess) programs and activities; or
(B) in the case of a community where
there is no such organization, a nonprofit organization in the community that enters
into a written agreement or partnership
with an organization described in subparagraph (A) to receive mentoring and guidance
in running or working with before and after
school (or summer recess) programs and activities.
(5) Rigorous peer-review process
The term ‘‘rigorous peer-review process’’
means a process by which—
(A) employees of a State educational agency who are familiar with the programs and
activities assisted under this part review all
applications that the State receives for
awards under this part for completeness and
applicant eligibility;
(B) the State educational agency selects
peer reviewers for such applications, who
shall—
(i) be selected for their expertise in providing effective academic, enrichment,
youth development, and related services to
children; and
(ii) not include any applicant, or representative of an applicant, that has submitted an application under this part for
the current application period; and
(C) the peer reviewers described in subparagraph (B) review and rate the applications to determine the extent to which the
applications meet the requirements under
sections 7174(b) and 7175 of this title.
(6) State
The term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 89–10, title IV, § 4201, as added Pub. L.
107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1765;
amended Pub. L. 114–95, title IV, § 4201(a), Dec.
10, 2015, 129 Stat. 1982.)
Editorial Notes
REFERENCES IN TEXT
This part (as this part was in effect on the day before
the effective date of this part under the Every Student
Succeeds Act), referred to in subsec. (b)(2)(A), means
this part as in effect before it was amended generally
by Pub. L. 114–95, title IV, § 4201(a), Dec. 10, 2015, 129
Stat. 1982. For effective date of Pub. L. 114–95, see section 5 of Pub. L. 114–95, set out as an Effective Date of
2015 Amendment note under section 6301 of this title.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section related to purpose and definitions of this part.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-

Page 1498

grams and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7172. Allotments to States
(a) Reservation
From the funds appropriated under section
7176 of this title for any fiscal year, the Secretary shall reserve—
(1) such amounts as may be necessary to
make continuation awards to subgrant 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
Education, 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
7176 of this title 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 subchapter
I for the preceding fiscal year bears to the
amount all States received under that subpart
for the preceding fiscal year, except that 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 part.
(c) State use of funds
(1) In general
Each State that receives an allotment under
this part shall reserve not less than 93 percent
of the amount allotted to such State under
subsection (b), for each fiscal year for awards
to eligible entities under section 7174 of this
title.
(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 rigorous peer-review process for subgrant applications described in section 7174(b) of this

Page 1499

TITLE 20—EDUCATION

§ 7173

title (including consultation with the Governor and other State agencies responsible
for administering youth development programs and adult learning activities); and
(C) 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 5 percent of the amount made
available to the State under subsection (b) for
the following activities:
(A) Monitoring and evaluating programs
and activities assisted under this part.
(B) Providing capacity building, training,
and technical assistance under this part.
(C) Conducting a 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 that are applicants for or recipients of awards under this
part.
(E) Ensuring that any eligible entity that
receives an award under this part from the
State aligns the activities provided by the
program with the challenging State academic standards.
(F) Ensuring that any such eligible entity
identifies and partners with external organizations, if available, in the community.
(G) Working with teachers, principals, parents, the local workforce, the local community, and other stakeholders to review and
improve State policies and practices to support the implementation of effective programs under this part.
(H) Coordinating funds received under this
part with other Federal and State funds to
implement high-quality programs.
(I) Providing a list of prescreened external
organizations, as described under section
7173(a)(11) of this title.

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—
(A) will make awards under this part to eligible entities that serve—
(i) students who primarily attend—
(I) schools implementing comprehensive support and improvement activities
or targeted support and improvement activities under section 6311(d) of this title;
and
(II) other schools determined by the
local educational agency to be in need of
intervention and support; and

(Pub. L. 89–10, title IV, § 4202, as added Pub. L.
107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1766;
amended Pub. L. 114–95, title IV, § 4201(a), Dec.
10, 2015, 129 Stat. 1984.)

(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, dissemination of promising
practices, and coordination of professional development for staff in specific content areas
and youth development;
(7) describes how programs under this part
will be coordinated with programs under this
chapter, 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 activities to be funded through
the award will continue after funding under
this part ends;

Editorial Notes
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section related to allotments to States.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7173. State application
(a) In general
In order to receive an allotment under section
7172 of this title for any fiscal year, a State shall

(ii) the families of such students; and
(B) will further give priority to eligible entities that propose in the application to
serve students described in subclauses (I)
and (II) of section 7174(i)(1)(A)(i) of this title;
(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 the challenging State
academic standards and any local academic
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 7174(h) of this title;

(9) contains an assurance that funds appropriated to carry out this part will be used to

§ 7173

TITLE 20—EDUCATION

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 7174(b) of this title how the transportation needs of participating students will be
addressed;
(11) describes how the State will—
(A) prescreen external organizations that
could provide assistance in carrying out the
activities under this part; and
(B) develop and make available to eligible
entities a list of external organizations that
successfully completed the prescreening
process;
(12) provides—
(A) 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 recess) programs
and activities, the heads of the State health
and mental health agencies or their designees, statewide after-school networks
(where applicable) and representatives of
teachers, local educational agencies, and
community-based organizations; and
(B) a description of any other representatives of teachers, parents, students, or the
business community that the State has selected to assist in the development of the application, if applicable;
(13) describes the results of the State’s needs
and resources assessment for before and after
school (or summer recess) programs and activities, which shall be based on the results of
on-going State evaluation activities;
(14) 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—
(A) a description of the performance indicators and performance measures that will
be used to evaluate programs and activities
with emphasis on alignment with the regular academic program of the school and the
academic needs of participating students, including performance indicators and measures that—
(i) are able to track student success and
improvement over time;
(ii) include State assessment results and
other indicators of student success and improvement, such as improved attendance
during the school day, better classroom
grades, regular (or consistent) program attendance, and on-time advancement to the
next grade level; and
(iii) for high school students, may include indicators such as career competencies, successful completion of internships or apprenticeships, or work-based
learning opportunities;
(B) a description of how data collected for
the purposes of subparagraph (A) will be collected; and

Page 1500

(C) public dissemination of the evaluations
of programs and activities carried out under
this part; and
(15) 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 an 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—
(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.
(g) Limitation
The Secretary may not give a priority or a
preference for States or eligible entities that
seek to use funds made available under this part
to extend the regular school day.
(Pub. L. 89–10, title IV, § 4203, as added Pub. L.
107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1767;
amended Pub. L. 114–95, title IV, § 4201(a), Dec.
10, 2015, 129 Stat. 1986.)

Page 1501

TITLE 20—EDUCATION
Editorial Notes
AMENDMENTS

2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section related to State application,
consisting of subsecs. (a) to (f).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7174. Local competitive subgrant program
(a) In general
(1) Community learning centers
A State that receives funds under this part
for a fiscal year shall provide the amount
made available under section 7172(c)(1) of this
title to award subgrants to eligible entities for
community learning centers in accordance
with this part.
(2) Expanded learning program activities
A State that receives funds under this part
for a fiscal year may use funds under section
7172(c)(1) of this title to support those enrichment and engaging academic activities described in section 7175(a) of this title that—
(A) are included as part of an expanded
learning program that provides students at
least 300 additional program hours before,
during, or after the traditional school day;
(B) supplement but do not supplant regular
school day requirements; and
(C) are carried out by entities that meet
the requirements of subsection (i).
(b) Application
(1) In general
To be eligible to receive a subgrant 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.
(2) Contents
Each application submitted under paragraph
(1) shall include—
(A) a description of the 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, if
applicable; 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 such activities are
expected to improve student academic
achievement as well as overall student success;

§ 7174

(C) a demonstration of how the proposed
program will coordinate Federal, State, and
local programs and make the most effective
use of public resources;
(D) an assurance that the proposed program was developed and will be carried out—
(i) in active collaboration with the
schools that participating students attend
(including through the sharing of relevant
data among the schools), all participants
of the eligible entity, and any partnership
entities described in subparagraph (H), in
compliance with applicable laws relating
to privacy and confidentiality; and
(ii) in alignment with the challenging
State academic standards and any local
academic standards;
(E) a description of how the activities will
meet the measures of effectiveness described
in section 7175(b) of this title;
(F) an assurance that the program will target students who primarily attend schools
eligible for schoolwide programs under section 6314 of this title and the families of such
students;
(G) an assurance that subgrant funds
under this part will be used to increase the
level of State, local, and other non-Federal
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 will use best practices, including research
or evidence-based practices, to provide educational and related activities that will
complement and enhance academic performance, achievement, postsecondary and workforce preparation, 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 volunteers in activities carried out through the
community learning center, a description of
how the eligible entity will encourage and
use appropriately qualified persons 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

§ 7175

TITLE 20—EDUCATION

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 subgrant funds awarded under this part, except that such match
may not exceed the amount of the subgrant
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 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 subgrants under this part.
(e) Peer review
In reviewing local applications under this
part, a State educational agency shall use a rigorous peer-review process or other methods to
ensure the quality of funded projects.
(f) Geographic diversity
To the extent practicable, a State educational
agency shall distribute subgrant funds under
this part equitably among geographic areas
within the State, including urban and rural
communities.
(g) Duration of awards
A subgrant awarded under this part shall be
awarded for a period of not less than 3 years and
not more than 5 years.
(h) Amount of awards
A subgrant awarded under this part may not
be made in an amount that is less than $50,000.
(i) Priority
(1) In general
In awarding subgrants under this part, a
State educational agency shall give priority to
applications—
(A) proposing to target services to—
(i) students who primarily attend schools
that—
(I) are implementing comprehensive
support and improvement activities or
targeted support and improvement activities under section 6311(d) of this title

Page 1502

or other schools determined by the local
educational agency to be in need of
intervention and support to improve student academic achievement and other
outcomes; and
(II) enroll students who may be at risk
for academic failure, dropping out of
school, involvement in criminal or delinquent activities, or who lack strong positive role models; and
(ii) the families of students described in
clause (i);
(B) submitted jointly by eligible entities
consisting of not less than 1—
(i) local educational agency receiving
funds under part A of subchapter I; and
(ii) another eligible entity; and
(C) demonstrating that the activities proposed in the application—
(i) are, as of the date of the submission
of the application, not accessible to students who would be served; or
(ii) would expand accessibility to highquality services that may be available in
the community.
(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.
(3) Limitation
A State educational agency may not give a
priority or a preference to eligible entities
that seek to use funds made available under
this part to extend the regular school day.
(j) Renewability of awards
A State educational agency may renew a
subgrant provided under this part to an eligible
entity, based on the eligible entity’s performance during the preceding subgrant period.
(Pub. L. 89–10, title IV, § 4204, as added Pub. L.
107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1769;
amended Pub. L. 114–95, title IV, § 4201(a), Dec.
10, 2015, 129 Stat. 1988.)
Editorial Notes
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section related to local competitive
grant program, consisting of subsecs. (a) to (i).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7175. Local activities
(a) Authorized activities
Each eligible entity that receives an award
under section 7174 of this title may use the

Page 1503

TITLE 20—EDUCATION

award funds to carry out a broad array of activities that advance student academic achievement
and support student success, including—
(1) academic enrichment learning programs,
mentoring programs, remedial education activities, and tutoring services, that are
aligned with—
(A) the challenging State academic standards and any local academic standards; and
(B) local curricula that are designed to improve student academic achievement;
(2) well-rounded education activities, including such activities that enable students to be
eligible for credit recovery or attainment;
(3) literacy education programs, including financial literacy programs and environmental
literacy programs;
(4) programs that support a healthy and active lifestyle, including nutritional education
and regular, structured physical activity programs;
(5) services for individuals with disabilities;
(6) programs that provide after-school activities for students who are English learners
that emphasize language skills and academic
achievement;
(7) cultural programs;
(8) telecommunications and technology education programs;
(9) expanded library service hours;
(10) parenting skills 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;
(12) drug and violence prevention programs
and counseling programs;
(13) programs that build skills in science,
technology, engineering, and mathematics (referred to in this paragraph as ‘‘STEM’’), including computer science, and that foster innovation in learning by supporting nontraditional STEM education teaching methods; and
(14) programs that partner with in-demand
fields of the local workforce or build career
competencies and career readiness and ensure
that local workforce and career readiness
skills are aligned with the Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.).
(b) Measures of effectiveness
(1) In general
For a program or activity developed pursuant to this part to meet the measures of effectiveness, monitored by the State educational
agency as described in section 7173(a)(14) of
this title, such program or activity shall—
(A) be based upon an assessment of objective data regarding the need for before and
after school (or summer recess) programs
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;
(C) if appropriate, be based upon evidencebased research that the program or activity

§ 7175

will help students meet the challenging
State academic standards and any local academic standards;
(D) ensure that measures of student success align with the regular academic program of the school and the academic needs
of participating students and include performance indicators and measures described
in section 7173(a)(14)(A) of this title; and
(E) collect the data necessary for the
measures of student success described in
subparagraph (D).
(2) Periodic evaluation
(A) In general
The program or activity shall undergo a
periodic evaluation in conjunction with the
State educational agency’s overall evaluation plan as described in section 7173(a)(14)
of this title, to assess the program’s progress
toward achieving the goal of providing highquality opportunities for academic enrichment and overall student success.
(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;
(ii) made available to the public upon request, with public notice of such availability provided; and
(iii) used by the State to determine
whether a subgrant is eligible to be renewed under section 7174(j) of this title.
(Pub. L. 89–10, title IV, § 4205, as added Pub. L.
107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1772;
amended Pub. L. 114–95, title IV, § 4201(a), Dec.
10, 2015, 129 Stat. 1992.)
Editorial Notes
REFERENCES IN TEXT
The Carl D. Perkins Career and Technical Education
Act of 2006, referred to in subsec. (a)(14), is Pub. L.
88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally
by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683,
which is classified generally to chapter 44 (§ 2301 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
2301 of this title and Tables.
The Workforce Innovation and Opportunity Act, referred to in (a)(14), is Pub. L. 113–128, July 22, 2014, 128
Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of
Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of
Title 29 and chapter 73 (§ 9201 et seq.) of this title, and
made amendments to numerous other sections and
notes in the Code. For complete classification of this
Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section related to local activities.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

TITLE 20—EDUCATION

§ 7176

§ 7176. Authorization of appropriations
There are authorized to be appropriated to
carry out this part $1,000,000,000 for fiscal year
2017 and $1,100,000,000 for each of fiscal years 2018
through 2020.
(Pub. L. 89–10, title IV, § 4206, as added Pub. L.
107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1773;
amended Pub. L. 114–95, title IV, § 4201(a), Dec.
10, 2015, 129 Stat. 1993.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7181, Pub. L. 89–10, title IV, § 4301, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1773, which set forth short title of the Pro-Children Act of 2001, was renumbered section 8571 of Pub. L.
89–10 by Pub. L. 114–95, title IV, § 4001(a)(4)(A), (B),
(C)(ii), title VIII, § 8001(a)(9), Dec. 10, 2015, 129 Stat. 1966,
2088, 2089, and transferred to section 7971 of this title.
A prior section 7182, Pub. L. 89–10, title IV, § 4302, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1773, which related to definitions, was renumbered
section 8572 of Pub. L. 89–10 by Pub. L. 114–95, title IV,
§ 4001(a)(4)(A), (B), (C)(ii), title VIII, § 8001(a)(9), Dec. 10,
2015, 129 Stat. 1966, 2088, 2089, and transferred to section
7972 of this title.
A prior section 7183, Pub. L. 89–10, title IV, § 4303, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1774; amended Pub. L. 114–95, title IV, § 4001(a)(1),
Dec. 10, 2015, 129 Stat. 1966, which related to nonsmoking policy for children’s services, was renumbered
section 8573 of Pub. L. 89–10 by Pub. L. 114–95, title IV,
§ 4001(a)(4)(A), (B), (C)(ii), title VIII, § 8001(a)(9), Dec. 10,
2015, 129 Stat. 1966, 2088, 2089, and transferred to section
7973 of this title.
A prior section 7184, Pub. L. 89–10, title IV, § 4304, as
added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115
Stat. 1776, which related to preemption of law, was renumbered section 8574 of Pub. L. 89–10 by Pub. L. 114–95,
title IV, § 4001(a)(4)(A), (B), (C)(ii), title VIII, § 8001(a)(9),
Dec. 10, 2015, 129 Stat. 1966, 2088, 2089, and transferred to
section 7974 of this title.
A prior section 7201, Pub. L. 89–10, title V, § 5101, as
added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat.
1776, related to purposes and State and local responsibility, prior to repeal by Pub. L. 114–95, § 5, title IV,
§ 4001(b)(1)(A), Dec. 10, 2015, 129 Stat. 1806, 1967, effective
Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Another prior section 7201, Pub. L. 89–10, title V,
§ 5101, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3690, set forth findings relating to magnet
schools assistance, prior to the general amendment of
former subchapter V of this chapter by Pub. L. 107–110.
Prior sections 7202 to 7210 were omitted in the general
amendment of former subchapter V of this chapter by
Pub. L. 107–110.
Section 7202, Pub. L. 89–10, title V, § 5102, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3691,
related to purpose of magnet schools assistance.
Section 7203, Pub. L. 89–10, title V, § 5103, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3691,
authorized program.
Section 7204, Pub. L. 89–10, title V, § 5104, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3691,
defined ‘‘magnet school’’.
Section 7205, Pub. L. 89–10, title V, § 5105, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3692,
related to eligibility for assistance.
Section 7206, Pub. L. 89–10, title V, § 5106, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3692,
related to applications and requirements.
Section 7207, Pub. L. 89–10, title V, § 5107, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3693,
related to priority in approving applications.
Section 7208, Pub. L. 89–10, title V, § 5108, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3693,
related to use of funds. See section 7231f of this title.

Page 1504

Section 7209, Pub. L. 89–10, title V, § 5109, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3694,
set forth prohibitions.
Section 7210, Pub. L. 89–10, title V, § 5110, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3694,
related to limitations.
A prior section 7211, Pub. L. 89–10, title V, § 5111, as
added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat.
1777, related to allotment to States, prior to repeal by
Pub. L. 114–95, § 5, title IV, § 4001(b)(1)(A), Dec. 10, 2015,
129 Stat. 1806, 1967, effective Dec. 10, 2015, except with
respect to certain noncompetitive programs and competitive programs.
Another prior section 7211, Pub. L. 89–10, title V,
§ 5111, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3694, related to innovative programs, prior to
the general amendment of former subchapter V by Pub.
L. 107–110.
A prior section 5111 of Pub. L. 89–10 was classified to
section 3181 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
A prior section 7211a, Pub. L. 89–10, title V, § 5112, as
added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat.
1777, related to allocation to local educational agencies, prior to repeal by Pub. L. 114–95, § 5, title IV,
§ 4001(b)(1)(A), Dec. 10, 2015, 129 Stat. 1806, 1967, effective
Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
A prior section 5112 of Pub. L. 89–10 was classified to
section 7212 of this title, prior to the general amendment of former this subchapter V of this chapter by
Pub. L. 107–110.
Another prior section 5112 of Pub. L. 89–10 was classified to section 3182 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
A prior section 7212, Pub. L. 89–10, title V, § 5112, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3695, which related to evaluations, was omitted in the
general amendment of former subchapter V of this
chapter by Pub. L. 107–110.
A prior section 7213, Pub. L. 89–10, title V, § 5121, as
added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat.
1779, related to State uses of funds, prior to repeal by
Pub. L. 114–95, § 5, title IV, § 4001(b)(1)(A), Dec. 10, 2015,
129 Stat. 1806, 1967, effective Dec. 10, 2015, except with
respect to certain noncompetitive programs and competitive programs.
Another prior section 7213, Pub. L. 89–10, title V,
§ 5113, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3695, related to authorization of appropriations and reservation of funds, prior to the general
amendment of former subchapter V of this chapter by
Pub. L. 107–110.
A prior section 5121 of Pub. L. 89–10 was classified to
section 3191 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Prior sections 7213a, 7215 to 7215b, and 7217 to 7217e
were repealed by Pub. L. 114–95, § 5, title IV,
§ 4001(b)(1)(A), Dec. 10, 2015, 129 Stat. 1806, 1967, effective
Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Section 7213a, Pub. L. 89–10, title V, § 5122, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1780,
related to State applications.
A prior section 5122 of Pub. L. 89–10 was classified to
section 3192 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 7215, Pub. L. 89–10, title V, § 5131, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1781,
related to local uses of funds.
A prior section 5131 of Pub. L. 89–10 was classified to
section 3211 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 7215a, Pub. L. 89–10, title V, § 5132, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1783,
related to administrative authority.
A prior section 5132 of Pub. L. 89–10 was classified to
section 3212 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 7215b, Pub. L. 89–10, title V, § 5133, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1783,
related to local applications.

Page 1505

TITLE 20—EDUCATION

A prior section 5133 of Pub. L. 89–10 was classified to
section 3213 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 7217, Pub. L. 89–10, title V, § 5141, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1784,
related to maintenance of effort.
A prior section 5141 of Pub. L. 89–10 was classified to
section 3221 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 7217a, Pub. L. 89–10, title V, § 5142, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1785,
related to participation of children enrolled in private
schools.
A prior section 5142 of Pub. L. 89–10 was classified to
section 3222 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 7217b, Pub. L. 89–10, title V, § 5143, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1787,
related to Federal administration.
A prior section 5143 of Pub. L. 89–10 was classified to
section 3223 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 7217c, Pub. L. 89–10, title V, § 5144, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1788,
provided that funds made available were to supplement, not supplant, other funds.
A prior section 5144 of Pub. L. 89–10 was classified to
section 3224 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 7217d, Pub. L. 89–10, title V, § 5145, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1788,
defined terms.
A prior section 5145 of Pub. L. 89–10 was classified to
section 3224a of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Section 7217e, Pub. L. 89–10, title V, § 5146, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1788,
authorized appropriations for fiscal years 2002 to 2007.
A prior section 5146 of Pub. L. 89–10 was classified to
section 3224b 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 authorized appropriations for
fiscal years 2002 to 2007.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PART C—EXPANDING OPPORTUNITY THROUGH
QUALITY CHARTER SCHOOLS
Editorial Notes
CODIFICATION
Pub. L. 114–95, title IV, § 4001(b)(2)(A)–(D)(ii), Dec. 10,
2015, 129 Stat. 1967, redesignated part B (§ 7221 et seq.) of
subchapter V of this chapter as part C of this subchapter, substituted ‘‘Expanding Opportunity Through
Quality Charter Schools’’ for ‘‘Public Charter Schools’’
in part heading, and struck out subpart 1 heading.
PRIOR PROVISIONS
A prior part C of title IV of the Elementary and Secondary Education Act of 1965, comprising part C (§ 7181
et seq.) of this subchapter, was redesignated subpart 5
of part F of title VIII of the Act and transferred to subpart 5 (§ 7971 et seq.) of part F of subchapter VIII of this
chapter by Pub. L. 114–95, title IV, § 4001(a)(4)(A)–(C)(i),
title VIII, § 8001(a)(9), (b)(1), Dec. 10, 2015, 129 Stat. 1966,
2088, 2089.

§ 7221

§ 7221. Purpose
It is the purpose of this part to—
(1) improve the United States education system and education opportunities for all people
in the United States by supporting innovation
in public education in public school settings
that prepare students to compete and contribute to the global economy and a stronger
Nation;
(2) provide financial assistance for the planning, program design, and initial implementation of charter schools;
(3) increase the number of high-quality charter schools available to students across the
United States;
(4) evaluate the impact of charter schools on
student achievement, families, and communities, and share best practices between charter schools and other public schools;
(5) encourage States to provide support to
charter schools for facilities financing in an
amount more nearly commensurate to the
amount States typically provide for traditional public schools;
(6) expand opportunities for children with
disabilities, English learners, and other traditionally underserved students to attend charter schools and meet the challenging State
academic standards;
(7) support efforts to strengthen the charter
school authorizing process to improve performance
management,
including
transparency, oversight and monitoring (including
financial audits), and evaluation of such
schools; and
(8) support quality, accountability, and
transparency in the operational performance
of all authorized public chartering agencies,
including State educational agencies, local
educational agencies, and other authorizing
entities.
(Pub. L. 89–10, title IV, § 4301, as added Pub. L.
114–95, title IV, § 4301(1), Dec. 10, 2015, 129 Stat.
1993.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7221, Pub. L. 89–10, title IV, § 4301, formerly title V, § 5201, as added Pub. L. 107–110, title V,
§ 501, Jan. 8, 2002, 115 Stat. 1788; renumbered title IV,
§ 4301, Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B), (D)(iii),
Dec. 10, 2015, 129 Stat. 1967, related to purpose of former
subpart 1 of part B of subchapter V of this chapter,
prior to repeal by Pub. L. 114–95, § 5, title IV, § 4301(1),
Dec. 10, 2015, 129 Stat. 1806, 1993, effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs.
A prior section 4301 of Pub. L. 89–10 was renumbered
section 8571, and is classified to section 7971 of this
title.
Another prior section 4301 of Pub. L. 89–10 was classified to section 3081 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

TITLE 20—EDUCATION

§ 7221a
§ 7221a. Program authorized

(a) In general
The Secretary may carry out a charter school
program that supports charter schools that
serve early childhood, elementary school, or secondary school students by—
(1) supporting the startup of new charter
schools, the replication of high-quality charter schools, and the expansion of high-quality
charter schools;
(2) assisting charter schools in accessing
credit to acquire and renovate facilities for
school use; and
(3) carrying out national activities to support—
(A) the activities described in paragraph
(1);
(B) the dissemination of best practices of
charter schools for all schools;
(C) the evaluation of the impact of the
charter school program under this part on
schools participating in such program; and
(D) stronger charter school authorizing
practices.
(b) Funding allotment
From the amount made available under section 7221j of this title for a fiscal year, the Secretary shall—
(1) reserve 12.5 percent to support charter
school facilities assistance under section 7221c
of this title;
(2) reserve 22.5 percent to carry out national
activities under section 7221d of this title; and
(3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry
out section 7221b of this title.
(c) Prior grants and subgrants
The recipient of a grant or subgrant under
part B of title V (as such part was in effect on
the day before December 10, 2015) shall continue
to receive funds in accordance with the terms
and conditions of such grant or subgrant.
(Pub. L. 89–10, title IV, § 4302, as added Pub. L.
114–95, title IV, § 4301(1), Dec. 10, 2015, 129 Stat.
1994.)
Editorial Notes
REFERENCES IN TEXT
Part B of title V (as such part was in effect on the
day before December 10, 2015), referred to in subsec. (c),
means part B of title V of Pub. L. 89–10, which was classified generally to part B (§ 7221 et seq.) of subchapter
V of this chapter prior to being amended by Pub. L.
114–95. Pub. L. 114–95, title IV, §§ 4001(b)(1)(B), (2), 4301,
Dec. 10, 2015, 129 Stat. 1967, 1993, repealed subparts 2
(§ 7223 et seq.) and 3 (§ 7225 et seq.) of part B of subchapter V, redesignated the remainder of part B as this
part, struck out the subpart 1 designation and heading,
repealed and amended various sections of this part, and
added several new sections. For complete classification
of Pub. L. 114–95 to the Code, see Tables.
PRIOR PROVISIONS
A prior section 7221a, Pub. L. 89–10, title IV, § 4302,
formerly title V, § 5202, as added Pub. L. 107–110, title V,
§ 501, Jan. 8, 2002, 115 Stat. 1788; renumbered title IV,
§ 4302, Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B), (D)(iii),
Dec. 10, 2015, 129 Stat. 1967, related to authorization of
grant program, prior to repeal by Pub. L. 114–95, § 5,

Page 1506

title IV, § 4301(1), Dec. 10, 2015, 129 Stat. 1806, 1993, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
A prior section 4302 of Pub. L. 89–10 was renumbered
section 8572, and is classified to section 7972 of this
title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7221b. Grants to support high-quality charter
schools
(a) State entity defined
For purposes of this section, the term ‘‘State
entity’’ means—
(1) a State educational agency;
(2) a State charter school board;
(3) a Governor of a State; or
(4) a charter school support organization.
(b) Program authorized
From the amount available under section
7221a(b)(3) of this title, the Secretary shall
award, on a competitive basis, grants to State
entities having applications approved under subsection (f) to enable such entities to—
(1) award subgrants to eligible applicants to
enable eligible applicants to—
(A) open and prepare for the operation of
new charter schools;
(B) open and prepare for the operation of
replicated high-quality charter schools; or
(C) expand high-quality charter schools;
and
(2) provide technical assistance to eligible
applicants and authorized public chartering
agencies in carrying out the activities described in paragraph (1), and work with authorized public chartering agencies in the
State to improve authorizing quality, including developing capacity for, and conducting,
fiscal oversight and auditing of charter
schools.
(c) State entity uses of funds
(1) In general
A State entity receiving a grant under this
section shall—
(A) use not less than 90 percent of the
grant funds to award subgrants to eligible
applicants, in accordance with the quality
charter school program described in the
State entity’s application pursuant to subsection (f), for the purposes described in subsection (b)(1);
(B) reserve not less than 7 percent of such
funds to carry out the activities described in
subsection (b)(2); and
(C) reserve not more than 3 percent of such
funds for administrative costs, which may
include technical assistance.
(2) Contracts and grants
A State entity may use a grant received
under this section to carry out the activities
described in subsection (b)(2) directly or

Page 1507

TITLE 20—EDUCATION

through grants, contracts, or cooperative
agreements.
(3) Rule of construction
(A) Use of lottery
Nothing in this chapter shall prohibit the
Secretary from awarding grants to State entities, or prohibit State entities from awarding subgrants to eligible applicants, that use
a weighted lottery to give slightly better
chances for admission to all, or a subset of,
educationally disadvantaged students if—
(i) the use of weighted lotteries in favor
of such students is not prohibited by State
law, and such State law is consistent with
laws described in section 7221i(2)(G) of this
title; and
(ii) such weighted lotteries are not used
for the purpose of creating schools exclusively to serve a particular subset of students.
(B) Students with special needs
Nothing in this paragraph shall be construed to prohibit schools from specializing
in providing specific services for students
with a demonstrated need for such services,
such as students who need specialized instruction in reading, spelling, or writing.
(d) Program periods; peer review; distribution of
subgrants; waivers
(1) Program periods
(A) Grants
A grant awarded by the Secretary to a
State entity under this section shall be for a
period of not more than 5 years.
(B) Subgrants
A subgrant awarded by a State entity
under this section shall be for a period of not
more than 5 years, of which an eligible applicant may use not more than 18 months for
planning and program design.
(2) Peer review
The Secretary, and each State entity awarding subgrants under this section, shall use a
peer-review process to review applications for
assistance under this section.
(3) Grant awards
(A) In general
The Secretary—
(i) shall for each fiscal year for which
funds are appropriated under section 7221j
of this title—
(I) award not less than 3 grants under
this section; and
(II) fully obligate the first 2 years of
funds appropriated for the purpose of
awarding grants under this section in
the first fiscal year for which such
grants are awarded; and
(ii) prior to the start of the third year of
the grant period and each succeeding year
of each grant awarded under this section
to a State entity—
(I) shall review—
(aa) whether the State entity is
using the grant funds for the agreed
upon uses of funds; and

§ 7221b

(bb) whether the full amount of the
grant will be needed for the remainder
of the grant period; and
(II) may, as determined necessary
based on that review, terminate or reduce the amount of the grant and reallocate the remaining grant funds to other
State entities—
(aa) by using such funds to award
grants under this section to other
State entities; or
(bb) in a fiscal year in which the
amount of such remaining funds is insufficient to award grants under item
(aa), in accordance with subparagraph
(B).
(B) Remaining funding
For a fiscal year for which there are remaining grant funds under this paragraph,
but the amount of such funds is insufficient
to award a grant to a State entity under this
section, the Secretary shall use such remaining grants funds—
(i) to supplement funding for grants
under section 7221d(a)(2) of this title, but
not to supplant—
(I) the funds reserved under section
7221d(a)(2) of this title; and
(II) funds otherwise reserved under section 7221a(b)(2) of this title to carry out
national activities under section 7221d of
this title;
(ii) to award grants to State entities to
carry out the activities described in subsection (b)(1) for the next fiscal year; or
(iii) to award one year of a grant under
subsection (b)(1) to a high-scoring State
entity, in an amount at or above the minimum amount the State entity needs to be
successful for such year.
(4) Diversity of projects
Each State entity awarding subgrants under
this section shall award subgrants in a manner
that, to the extent practicable and applicable,
ensures that such subgrants—
(A) are distributed throughout different
areas, including urban, suburban, and rural
areas; and
(B) will assist charter schools representing
a variety of educational approaches.
(5) 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
7221i(2) of this title, if—
(A) the waiver is requested in an approved
application under this section; and
(B) the Secretary determines that granting such waiver will promote the purpose of
this part.
(e) Limitations
(1) Grants
No State entity may receive a grant under
this section for use in a State in which a State
entity is currently using a grant received
under this section.

§ 7221b

TITLE 20—EDUCATION

(2) Subgrants
An eligible applicant may not receive more
than 1 subgrant under this section for each individual charter school for a 5-year period, unless the eligible applicant demonstrates to the
State entity that such individual charter
school has at least 3 years of improved educational results for students enrolled in such
charter school with respect to the elements
described in subparagraphs (A) and (D) of section 7221i(8) of this title.
(f) Applications
A State entity desiring to receive a grant
under this section shall submit an application to
the Secretary at such time and in such manner
as the Secretary may require. The application
shall include the following:
(1) Description of program
A description of the State entity’s objectives
in running a quality charter school program
under this section and how the objectives of
the program will be carried out, including—
(A) a description of how the State entity
will—
(i) support the opening of charter schools
through the startup of new charter schools
and, if applicable, the replication of highquality charter schools, and the expansion
of high-quality charter schools (including
the proposed number of new charter
schools to be opened, high-quality charter
schools to be opened as a result of the replication of a high-quality charter school,
or high-quality charter schools to be expanded under the State entity’s program);
(ii) inform eligible charter schools, developers, and authorized public chartering
agencies of the availability of funds under
the program;
(iii) work with eligible applicants to ensure that the eligible applicants access all
Federal funds that such applicants are eligible to receive, and help the charter
schools supported by the applicants and
the students attending those charter
schools—
(I) participate in the Federal programs
in which the schools and students are eligible to participate;
(II) receive the commensurate share of
Federal funds the schools and students
are eligible to receive under such programs; and
(III) meet the needs of students served
under such programs, including students
with disabilities and English learners;
(iv) ensure that authorized public chartering agencies, in collaboration with surrounding local educational agencies where
applicable, establish clear plans and procedures to assist students enrolled in a charter school that closes or loses its charter
to attend other high-quality schools;
(v) in the case of a State entity that is
not a State educational agency—
(I) work with the State educational
agency and charter schools in the State
to maximize charter school participation
in Federal and State programs for which
charter schools are eligible; and

Page 1508

(II) work with the State educational
agency to operate the State entity’s program under this section, if applicable;
(vi) ensure that each eligible applicant
that receives a subgrant under the State
entity’s program—
(I) is using funds provided under this
section for one of the activities described
in subsection (b)(1); and
(II) is prepared to continue to operate
charter schools funded under this section
in a manner consistent with the eligible
applicant’s application for such subgrant
once the subgrant funds under this section are no longer available;
(vii) support—
(I) charter schools in local educational
agencies with a significant number of
schools identified by the State for comprehensive support and improvement
under section 6311(c)(4)(D)(i) of this title;
and
(II) the use of charter schools to improve struggling schools, or to turn
around struggling schools;
(viii) work with charter schools on—
(I) recruitment and enrollment practices to promote inclusion of all students, including by eliminating any barriers to enrollment for educationally disadvantaged students (who include foster
youth and unaccompanied homeless
youth); and
(II) supporting all students once they
are enrolled to promote retention, including by reducing the overuse of discipline practices that remove students
from the classroom;
(ix) share best and promising practices
between charter schools and other public
schools;
(x) ensure that charter schools receiving
funds under the State entity’s program
meet the educational needs of their students, including children with disabilities
and English learners;
(xi) support efforts to increase charter
school quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D);
(xii)(I) in the case of a State entity not
described in subclause (II), a description of
how the State entity will provide oversight of authorizing activity, including
how the State will help ensure better authorizing, such as by establishing authorizing standards that may include approving, monitoring, and re-approving or revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized
by such agency in the areas of student
achievement, student safety, financial and
operational management, and compliance
with all applicable statutes and regulations; and
(II) in the case of a State entity described in subsection (a)(4), a description
of how the State entity will work with the

Page 1509

TITLE 20—EDUCATION

§ 7221b

State to support the State’s system of
technical assistance and oversight, as described in subclause (I), of the authorizing
activity of authorized public chartering
agencies; and
(xiii) work with eligible applicants receiving a subgrant under the State entity’s
program to support the opening of new
charter schools or charter school models
described in clause (i) that are high
schools;

tures of subgrant funds to support the
activities described in subsection (b)(1),
and how the eligible applicant will maintain financial sustainability after the
end of the subgrant period; and
(VI) a description of how the eligible
applicant will support the use of effective parent, family, and community engagement strategies to operate each
charter school that will receive funds
under the State entity’s program; and

(B) a description of the extent to which the
State entity—
(i) is able to meet and carry out the priorities described in subsection (g)(2);
(ii) is working to develop or strengthen a
cohesive statewide system to support the
opening of new charter schools and, if applicable, the replication of high-quality
charter schools, and the expansion of highquality charter schools; and
(iii) is working to develop or strengthen
a cohesive strategy to encourage collaboration between charter schools and local
educational agencies on the sharing of best
practices;

(ii) a description of how the State entity
will review applications from eligible applicants;

(C) a description of how the State entity
will award subgrants, on a competitive basis,
including—
(i) a description of the application each
eligible applicant desiring to receive a
subgrant will be required to submit, which
application shall include—
(I) a description of the roles and responsibilities of eligible applicants, partner organizations, and charter management organizations, including the administrative and contractual roles and
responsibilities of such partners;
(II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, how a
school’s performance in the State’s accountability system and impact on student achievement (which may include
student academic growth) will be one of
the most important factors for renewal
or revocation of the school’s charter, and
how the State entity and the authorized
public chartering agency involved will
reserve the right to revoke or not renew
a school’s charter based on financial,
structural, or operational factors involving the management of the school;
(III) a description of how the autonomy
and flexibility granted to a charter
school is consistent with the definition
of a charter school in section 7221i of this
title;
(IV) a description of how the eligible
applicant will solicit and consider input
from parents and other members of the
community on the implementation and
operation of each charter school that
will receive funds under the State entity’s program;
(V) a description of the eligible applicant’s planned activities and expendi-

(D) in the case of a State entity that partners with an outside organization to carry
out the State entity’s quality charter school
program, in whole or in part, a description of
the roles and responsibilities of the partner;
(E) a description of how the State entity
will ensure that each charter school receiving funds under the State entity’s program
has considered and planned for the transportation needs of the school’s students;
(F) a description of how the State in which
the State entity is located addresses charter
schools in the State’s open meetings and
open records laws; and
(G) a description of how the State entity
will support diverse charter school models,
including models that serve rural communities.
(2) Assurances
Assurances that—
(A) each charter school receiving funds
through the State entity’s program will
have a high degree of autonomy over budget
and operations, including autonomy over
personnel decisions;
(B) the State entity will support charter
schools in meeting the educational needs of
their students, as described in paragraph
(1)(A)(x);
(C) the State entity will ensure that the
authorized public chartering agency of any
charter school that receives funds under the
State entity’s program adequately monitors
each charter school under the authority of
such agency in recruiting, enrolling, retaining, and meeting the needs of all students,
including children with disabilities and
English learners;
(D) the State entity will provide adequate
technical assistance to eligible applicants to
meet the objectives described in clause (viii)
of paragraph (1)(A) and subparagraph (B) of
this paragraph;
(E) the State entity will promote quality
authorizing, consistent with State law, such
as through providing technical assistance to
support each authorized public chartering
agency in the State to improve such agency’s ability to monitor the charter schools
authorized by the agency, including by—
(i) assessing annual performance data of
the schools, including, as appropriate,
graduation
rates,
student
academic
growth, and rates of student attrition;
(ii) reviewing the schools’ independent,
annual audits of financial statements pre-

§ 7221b

TITLE 20—EDUCATION

pared in accordance with generally accepted accounting principles, and ensuring
that any such audits are publically reported; and
(iii) holding charter schools accountable
to the academic, financial, and operational
quality controls agreed to between the
charter school and the authorized public
chartering agency involved, such as
through renewal, non-renewal, or revocation of the school’s charter;
(F) the State entity will work to ensure
that charter schools are included with the
traditional public schools in decisionmaking
about the public school system in the State;
and
(G) the State entity will ensure that each
charter school receiving funds under the
State entity’s program makes publicly
available, consistent with the dissemination
requirements of the annual State report
card under section 6311(h) of this title, including on the website of the school, information to help parents make informed decisions about the education options available
to their children, including—
(i) information on the educational program;
(ii) student support services;
(iii) parent contract requirements (as applicable), including any financial obligations or fees;
(iv) enrollment criteria (as applicable);
and
(v) annual performance and enrollment
data for each of the subgroups of students,
as defined in section 6311(c)(2) of this title,
except that such disaggregation of performance and enrollment data shall not be
required in a case in which the number of
students in a group is insufficient to yield
statically reliable information or the results would reveal personally identifiable
information about an individual student.
(3) Requests for waivers
Information about waivers, including—
(A) a request and justification for waivers
of any Federal statutory or regulatory provisions that the State entity believes are
necessary for the successful operation of the
charter schools that will receive funds under
the State entity’s program under this section or, in the case of a State entity defined
in subsection (a)(4), a description of how the
State entity will work with the State to request such necessary waivers, where applicable; and
(B) a description of any State or local
rules, generally applicable to public schools,
that will be waived, or otherwise not apply
to such schools.
(g) Selection criteria; priority
(1) Selection criteria
The Secretary shall award grants to State
entities under this section on the basis of the
quality of the applications submitted under
subsection (f), after taking into consideration—
(A) the degree of flexibility afforded by the
State’s charter school law and how the State

Page 1510

entity will work to maximize the flexibility
provided to charter schools under such law;
(B) the ambitiousness of the State entity’s
objectives for the quality charter school program carried out under this section;
(C) the likelihood that the eligible applicants receiving subgrants under the program
will meet those objectives and improve educational results for students;
(D) the State entity’s plan to—
(i) adequately monitor the eligible applicants receiving subgrants under the State
entity’s program;
(ii) work with the authorized public
chartering agencies involved to avoid duplication of work for the charter schools
and authorized public chartering agencies;
and
(iii) provide technical assistance and
support for—
(I) the eligible applicants receiving
subgrants under the State entity’s program; and
(II) quality authorizing efforts in the
State; and
(E) the State entity’s plan to solicit and
consider input from parents and other members of the community on the implementation and operation of charter schools in the
State.
(2) Priority
In awarding grants under this section, the
Secretary shall give priority to a State entity
to the extent that the entity meets the following criteria:
(A) The State entity is located in a State
that—
(i) allows at least one entity that is not
a local educational agency to be an authorized public chartering agency for developers seeking to open a charter school
in the State; or
(ii) in the case of a State in which local
educational agencies are the only authorized public chartering agencies, the State
has an appeals process for the denial of an
application for a charter school.
(B) The State entity is located in a State
that ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner.
(C) The State entity is located in a State
that provides charter schools one or more of
the following:
(i) Funding for facilities.
(ii) Assistance with facilities acquisition.
(iii) Access to public facilities.
(iv) The ability to share in bonds or mill
levies.
(v) The right of first refusal to purchase
public school buildings.
(vi) Low- or no-cost leasing privileges.
(D) The State entity is located in a State
that uses best practices from charter schools
to help improve struggling schools and local
educational agencies.
(E) The State entity supports charter
schools that serve at-risk students through

Page 1511

TITLE 20—EDUCATION

activities such as dropout prevention, dropout recovery, or comprehensive career counseling services.
(F) The State entity has taken steps to ensure that all authorizing public chartering
agencies implement best practices for charter school authorizing.
(h) Local uses of funds
An eligible applicant receiving a subgrant
under this section shall use such funds to support the activities described in subsection (b)(1),
which shall include one or more of the following
activities:
(1) Preparing teachers, school leaders, and
specialized instructional support personnel,
including through paying the costs associated
with—
(A) providing professional development;
and
(B) hiring and compensating, during the
eligible applicant’s planning period specified
in the application for subgrant funds that is
required under this section, one or more of
the following:
(i) Teachers.
(ii) School leaders.
(iii) Specialized instructional support
personnel.
(2) Acquiring supplies, training, equipment
(including technology), and educational materials (including developing and acquiring instructional materials).
(3) Carrying out necessary renovations to ensure that a new school building complies with
applicable statutes and regulations, and minor
facilities repairs (excluding construction).
(4) Providing one-time, startup costs associated with providing transportation to students
to and from the charter school.
(5) Carrying out community engagement activities, which may include paying the cost of
student and staff recruitment.
(6) Providing for other appropriate, non-sustained costs related to the activities described
in subsection (b)(1) when such costs cannot be
met from other sources.
(i) Reporting requirements
Each State entity receiving a grant under this
section shall submit to the Secretary, at the end
of the third year of the 5-year grant period (or
at the end of the second year of the grant period
if the grant is less than 5 years), and at the end
of such grant period, a report that includes the
following:
(1) The number of students served by each
subgrant awarded under this section and, if applicable, the number of new students served
during each year of the period of the subgrant.
(2) A description of how the State entity met
the objectives of the quality charter school
program described in the State entity’s application under subsection (f), including—
(A) how the State entity met the objective
of sharing best and promising practices described in subsection (f)(1)(A)(ix) in areas
such as instruction, professional development, curricula development, and operations
between charter schools and other public
schools; and

§ 7221c

(B) if known, the extent to which such
practices were adopted and implemented by
such other public schools.
(3) The number and amount of subgrants
awarded under this section to carry out activities described in each of subparagraphs (A)
through (C) of subsection (b)(1).
(4) A description of—
(A) how the State entity complied with,
and ensured that eligible applicants complied with, the assurances included in the
State entity’s application; and
(B) how the State entity worked with authorized public chartering agencies, and how
the agencies worked with the management
company or leadership of the schools that
received subgrant funds under this section,
if applicable.
(Pub. L. 89–10, title IV, § 4303, as added Pub. L.
114–95, title IV, § 4301(1), Dec. 10, 2015, 129 Stat.
1995.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7221b, Pub. L. 89–10, title IV, § 4303,
formerly title V, § 5203, as added Pub. L. 107–110, title V,
§ 501, Jan. 8, 2002, 115 Stat. 1790; renumbered title IV,
§ 4303, Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B), (D)(iii),
Dec. 10, 2015, 129 Stat. 1967, related to applications from
State agencies, prior to repeal by Pub. L. 114–95, § 5,
title IV, § 4301(1), Dec. 10, 2015, 129 Stat. 1806, 1993, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
A prior section 4303 of Pub. L. 89–10 was renumbered
section 8573, and is classified to section 7973 of this
title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7221c. Facilities financing assistance
(a) Grants to eligible entities
(1) In general
From the amount reserved under section
7221a(b)(1) of this title, the Secretary shall use
not less than 50 percent to award, on a competitive basis, not less than 3 grants to eligible entities that have the highest-quality applications approved under subsection (d), after
considering the diversity of such applications,
to demonstrate innovative methods of helping
charter schools to address the cost of acquiring, constructing, and renovating facilities by
enhancing the availability of loans or bond financing.
(2) Eligible entity defined
For the purposes of this section, 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).

§ 7221c

TITLE 20—EDUCATION

(b) Grantee selection
The Secretary shall evaluate each application
submitted under subsection (d), and shall determine whether the application is sufficient to
merit approval.
(c) Grant characteristics
Grants under subsection (a) shall be of 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) Applications
(1) In general
An eligible entity desiring to receive a grant
under this section shall submit an application
to the Secretary in such form as the Secretary
may reasonably require.
(2) Contents
An application submitted under paragraph
(1) shall contain—
(A) a statement identifying the activities
that the eligible entity proposes to carry out
with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of
assistance charter schools will receive;
(B) a description of the involvement of
charter schools in the application’s development and the design of the proposed activities;
(C) a description of the eligible entity’s expertise in capital market financing;
(D) 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, including how the eligible
entity will offer a combination of rates and
terms more favorable than the rates and
terms that a charter school could receive
without assistance from the eligible entity
under this section;
(E) 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; and
(F) in the case of an application submitted
by a State governmental entity, a description of the actions that the eligible entity
has taken, or will take, to ensure that charter schools within the State receive the
funding that charter schools need to have
adequate facilities.
(e) Charter school objectives
An eligible entity receiving a grant under subsection (a) shall use the funds deposited in the
reserve account established under subsection (f)
to assist one or more charter schools to access
private-sector capital to accomplish one or more
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.

Page 1512

(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.
(3) The predevelopment costs required to assess sites for purposes of paragraph (1) or (2)
and that are necessary to commence or continue the operation of a charter school.
(f) Reserve account
(1) Use of funds
To assist charter schools in accomplishing
the objectives described in subsection (e), an
eligible entity receiving a grant under subsection (a) shall, in accordance with State and
local law, directly or indirectly, alone or in
collaboration with others, deposit the funds
received under subsection (a) (other than
funds used for administrative costs in accordance with subsection (g)) 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:
(A) Guaranteeing, insuring, and reinsuring
bonds, notes, evidences of debt, loans, and
interests therein, the proceeds of which are
used for an objective described in subsection
(e).
(B) Guaranteeing and insuring leases of
personal and real property for an objective
described in subsection (e).
(C) 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.
(D) 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).
(2) Investment
Funds received under subsection (a) and deposited in the reserve account established
under paragraph (1) shall be invested in obligations issued or guaranteed by the United
States or a State, or in other similarly lowrisk securities.
(3) Reinvestment of earnings
Any earnings on funds received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used
in accordance with this subsection.
(g) Limitation on administrative costs
An eligible entity may use not more than 2.5
percent of the funds received under subsection
(a) for the administrative costs of carrying out
its responsibilities under this section (excluding
subsection (k)).
(h) Audits and reports
(1) Financial record maintenance and audit
The financial records of each eligible entity
receiving a grant under subsection (a) shall be

Page 1513

TITLE 20—EDUCATION

maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant.
(2) Reports
(A) Grantee annual reports
Each eligible entity receiving a grant
under subsection (a) shall submit to the Secretary an annual report of the entity’s operations and activities under this section (excluding subsection (k)).
(B) Contents
Each annual report submitted under subparagraph (A) shall include—
(i) 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;
(ii) a copy of any report made on an
audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period;
(iii) an evaluation by the eligible entity
of the effectiveness of its use of the Federal funds provided under subsection (a) in
leveraging private funds;
(iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used
by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools;
(v) a description of the activities carried
out by the eligible entity to assist charter
schools in meeting the objectives set forth
in subsection (e); and
(vi) a description of the characteristics
of lenders and other financial institutions
participating in the activities carried out
by the eligible entity under this section
(excluding subsection (k)) during the reporting period.
(C) Secretarial report
The Secretary shall review the reports
submitted under subparagraph (A) and shall
provide a comprehensive annual report to
Congress on the activities conducted under
this section (excluding subsection (k)).
(i) No full faith and credit for grantee obligation
No financial obligation of an eligible entity
entered into pursuant to this section (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
that may be required to be paid under any obligation made by an eligible entity pursuant to
any provision of this section.
(j) Recovery of funds
(1) In general
The Secretary, in accordance with chapter
37 of title 31, shall collect—
(A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines,

§ 7221c

not earlier than 2 years after the date on
which the eligible entity first received funds
under subsection (a), that the eligible entity
has failed to make substantial progress in
carrying out the purposes described in subsection (f)(1); or
(B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) 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 subsection (f)(1).
(2) Exercise of authority
The Secretary shall not exercise the authority provided in paragraph (1) to collect from
any eligible entity any funds that are being
properly used to achieve one or more of the
purposes described in subsection (f)(1).
(3) Procedures
The provisions of sections 451, 452, and 458 of
the General Education Provisions Act [20
U.S.C. 1234, 1234a, 1234g] shall apply to the recovery of funds under paragraph (1).
(4) Construction
This subsection 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 (20 U.S.C. 1234 et seq.).
(k) Per-pupil facilities aid program
(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 to 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 reserved under section
7221a(b)(1) of this title and remaining after
the Secretary makes grants under subsection (a), 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 for the second such year;
(iii) 60 percent for the third such year;
(iv) 40 percent for the fourth such year;
and

§ 7221d

TITLE 20—EDUCATION

(v) 20 percent for the fifth such year.
(D) State share
A State receiving a grant under this subsection may partner with 1 or more organizations, and such organizations may provide
not more than 50 percent of the State share
of the cost of establishing or enhancing, and
administering, the per-pupil facilities aid
program.
(E) Multiple grants
A State may receive more than 1 grant
under this subsection, so long as the amount
of total funds provided to charter schools increases with each successive grant.
(3) Use of funds
(A) In general
A State that receives a grant under this
subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities
aid program for charter schools in the State
of the applicant.
(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
(i) In general
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.
(ii) Special rule
A State that is required under State law
to provide its charter schools with access
to adequate facility space, but that does
not have a per-pupil facilities aid program
for charter schools specified in State law,
is eligible to receive a grant under this
subsection if the State agrees to use the
funds to develop a per-pupil facilities aid
program consistent with the requirements
of this subsection.
(5) Applications
To be eligible to receive a grant under this
subsection, a State shall submit an applica-

Page 1514

tion to the Secretary at such time, in such
manner, and containing such information as
the Secretary may require.
(Pub. L. 89–10, title IV, § 4304, as added Pub. L.
114–95, title IV, § 4301(1), Dec. 10, 2015, 129 Stat.
2004.)
Editorial Notes
REFERENCES IN TEXT
The General Education Provisions Act, referred to in
subsec. (j)(4), is title IV of Pub. L. 90–247, Jan. 2, 1968,
81 Stat. 814. Part D of the Act is classified generally to
subchapter IV (§ 1234 et seq.) of chapter 31 of this title.
For complete classification of this Act to the Code, see
section 1221 of this title and Tables.
PRIOR PROVISIONS
A prior section 7221c, Pub. L. 89–10, title IV, § 4304,
formerly title V, § 5204, as added Pub. L. 107–110, title V,
§ 501, Jan. 8, 2002, 115 Stat. 1792; renumbered title IV,
§ 4304, Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B), (D)(iii),
Dec. 10, 2015, 129 Stat. 1967, related to administration,
prior to repeal by Pub. L. 114–95, § 5, title IV, § 4301(1),
Dec. 10, 2015, 129 Stat. 1806, 1993, effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs.
A prior section 4304 of Pub. L. 89–10 was renumbered
section 8574, and is classified to section 7974 of this
title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7221d. National activities
(a) In general
From the amount reserved under section
7221a(b)(2) of this title, the Secretary shall—
(1) use not more than 80 percent of such
funds to award grants in accordance with subsection (b);
(2) use not more than 9 percent of such funds
to award grants, on a competitive basis, to eligible applicants for the purpose of carrying
out the activities described in section 7221b(h)
of this title in a State that did not receive a
grant under section 7221b of this title; and
(3) after the uses described in paragraphs (1)
and (2), use the remainder of such funds to—
(A) disseminate technical assistance to—
(i) State entities in awarding subgrants
under section 7221b(b)(1) of this title; and
(ii) eligible entities and States receiving
grants under section 7221c of this title;
(B) disseminate best practices regarding
charter schools; and
(C) evaluate the impact of the charter
school program carried out under this part,
including the impact on student achievement.
(b) Grants for the replication and expansion of
high-quality charter schools
(1) In general
The Secretary shall make grants, on a competitive basis, to eligible entities having appli-

Page 1515

TITLE 20—EDUCATION

cations approved under paragraph (3) to enable
such entities to open and prepare for the operation of one or more replicated high-quality
charter schools or to expand one or more highquality charter schools.
(2) Definition of eligible entity
For purposes of this subsection, the term
‘‘eligible entity’’ means a charter management organization.
(3) Application requirements
An eligible entity desiring to receive a grant
under this subsection shall submit an application to the Secretary at such time and in such
manner as the Secretary may require. The application shall include the following:
(A) Existing charter school data
For each charter school currently operated
or managed by the eligible entity—
(i) student assessment results for all students and for each subgroup of students described in section 6311(c)(2) of this title;
(ii) attendance and student retention
rates for the most recently completed
school year and, if applicable, the most recent available 4-year adjusted cohort graduation rates and extended-year adjusted
cohort graduation rates; and
(iii) information on any significant compliance and management issues encountered within the last 3 school years by any
school operated or managed by the eligible
entity, including in the areas of student
safety and finance.
(B) Descriptions
A description of—
(i) the eligible entity’s objectives for implementing a high-quality charter school
program with funding under this subsection, including a description of the proposed number of high-quality charter
schools the eligible entity proposes to
open as a result of the replication of a
high-quality charter school or to expand
with funding under this subsection;
(ii) the educational program that the eligible entity will implement in such charter schools, including—
(I) information on how the program
will enable all students to meet the challenging State academic standards;
(II) the grade levels or ages of students
who will be served; and
(III) the instructional practices that
will be used;
(iii) how the operation of such charter
schools will be sustained after the grant
under this subsection has ended, which
shall include a multi-year financial and
operating model for the eligible entity;
(iv) how the eligible entity will ensure
that such charter schools will recruit and
enroll students, including children with
disabilities, English learners, and other
educationally disadvantaged students; and
(v) any request and justification for any
waivers of Federal statutory or regulatory
requirements that the eligible entity believes are necessary for the successful operation of such charter schools.

§ 7221d

(C) Assurance
An assurance that the eligible entity has
sufficient procedures in effect to ensure
timely closure of low-performing or financially mismanaged charter schools and clear
plans and procedures in effect for the students in such schools to attend other highquality schools.
(4) Selection criteria
The Secretary shall select eligible entities
to receive grants under this subsection, on the
basis of the quality of the applications submitted under paragraph (3), after taking into
consideration such factors as—
(A) the degree to which the eligible entity
has demonstrated success in increasing academic achievement for all students and for
each of the subgroups of students described
in section 6311(c)(2) of this title attending
the charter schools the eligible entity operates or manages;
(B) a determination that the eligible entity has not operated or managed a significant
proportion of charter schools that—
(i) have been closed;
(ii) have had the school’s charter revoked due to problems with statutory or
regulatory compliance; or
(iii) have had the school’s affiliation
with the eligible entity revoked or terminated, including through voluntary disaffiliation; and
(C) a determination that the eligible entity has not experienced significant problems
with statutory or regulatory compliance
that could lead to the revocation of a
school’s charter.
(5) Priority
In awarding grants under this section, the
Secretary shall give priority to eligible entities that—
(A) plan to operate or manage high-quality
charter
schools
with
racially
and
socioeconomically diverse student bodies;
(B) demonstrate success in working with
schools identified by the State for comprehensive support and improvement under
section 6311(c)(4)(D)(i) of this title;
(C) propose to use funds—
(i) to expand high-quality charter
schools to serve high school students; or
(ii) to replicate high-quality charter
schools to serve high school students; or
(D) propose to operate or manage highquality charter schools that focus on dropout recovery and academic reentry.
(c) Terms and conditions
Except as otherwise provided, grants awarded
under paragraphs (1) and (2) of subsection (a)
shall have the same terms and conditions as
grants awarded to State entities under section
7221b of this title.
(Pub. L. 89–10, title IV, § 4305, as added Pub. L.
114–95, title IV, § 4301(1), Dec. 10, 2015, 129 Stat.
2009.)

TITLE 20—EDUCATION

§ 7221e
Editorial Notes
PRIOR PROVISIONS

A prior section 7221d, Pub. L. 89–10, title IV, § 4305,
formerly title V, § 5205, as added Pub. L. 107–110, title V,
§ 501, Jan. 8, 2002, 115 Stat. 1795; renumbered title IV,
§ 4305, Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B), (D)(iii),
Dec. 10, 2015, 129 Stat. 1967, related to national activities, prior to repeal by Pub. L. 114–95, § 5, title IV,
§ 4301(1), Dec. 10, 2015, 129 Stat. 1806, 1993, effective Dec.
10, 2015, except with respect to certain noncompetitive
programs and competitive programs.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7221e. Federal formula allocation during first
year and for successive enrollment expansions
(a) In general
For purposes of the allocation to schools by
the States or their agencies of funds under part
A of subchapter 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
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.

Page 1516

(c)

New or significantly expanding charter
schools
For purposes of implementing the hold harmless protections in sections 6332(c) and 6337(g)(3) 1
of this title for a newly opened or significantly
expanded charter school under this part, a State
educational agency shall calculate a hold-harmless base for the prior year that, as applicable,
reflects the new or significantly expanded enrollment of the charter school.
(Pub. L. 89–10, title IV, § 4306, formerly title V,
§ 5206, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1797; renumbered title IV, § 4306,
and amended Pub. L. 114–95, title IV,
§§ 4001(b)(2)(A), (B), (D)(iii), 4301(2), Dec. 10, 2015,
129 Stat. 1967, 2011.)
Editorial Notes
REFERENCES IN TEXT
Section 6337(g)(3) of this title, referred to in subsec.
(c), was redesignated section 6337(f)(3) of this title by
Pub. L. 114–95, title I, § 1017(7), Dec. 10, 2015, 129 Stat.
1879.
AMENDMENTS
2015—Subsec. (c). Pub. L. 114–95, § 4301(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7221f. 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 subchapter I, the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.],
or any other program administered by the Secretary that provides education funds to charter
schools or regulates the activities of charter
schools.
(Pub. L. 89–10, title IV, § 4307, formerly title V,
§ 5207, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1798; renumbered title IV, § 4307,
Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B),
(D)(iii), Dec. 10, 2015, 129 Stat. 1967.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in text, is title VI of Pub. L. 91–230, Apr. 13,
1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For
complete classification of this Act to the Code, see section 1400 of this title and Tables.
1 See

References in Text note below.

Page 1517

TITLE 20—EDUCATION

§ 7221g. Records transfer
State educational agencies and local educational agencies, as quickly as possible and to
the extent practicable, shall ensure that a student’s records and, if applicable, a student’s individualized education program as defined in
section 1401 of this title, 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.
(Pub. L. 89–10, title IV, § 4308, formerly title V,
§ 5208, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1798; amended Pub. L. 108–446,
title III, § 305(g)(2), Dec. 3, 2004, 118 Stat. 2805; renumbered title IV, § 4308, and amended Pub. L.
114–95, title IV, §§ 4001(b)(2)(A), (B), (D)(iii),
4301(3), Dec. 10, 2015, 129 Stat. 1967, 2012.)
Editorial Notes
AMENDMENTS
2015—Pub. L. 114–95, § 4301(3), inserted ‘‘as quickly as
possible and’’ before ‘‘to the extent practicable’’.
2004—Pub. L. 108–446 substituted ‘‘section 1401’’ for
‘‘section 1401(11)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7221h. 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.
(Pub. L. 89–10, title IV, § 4309, formerly title V,
§ 5209, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1798; renumbered title IV, § 4309,
Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B),
(D)(iii), Dec. 10, 2015, 129 Stat. 1967.)
§ 7221i. Definitions
In this part:
(1) 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.
(2) 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

§ 7221i

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;
(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 [42 U.S.C. 6101 et seq.], title VI of
the Civil Rights Act of 1964 [42 U.S.C. 2000d
et seq.], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], section
504 of the Rehabilitation Act of 1973 [29
U.S.C. 794], the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), section
1232g of this title (commonly referred to as
the ‘‘Family Educational Rights and Privacy Act of 1974’’), and part B of the Individuals with Disabilities Education Act [20
U.S.C. 1411 et seq.];
(H) is a school to which parents choose to
send their children, and that—
(i) admits students on the basis of a lottery, consistent with section 7221b(c)(3)(A)
of this title, if more students apply for admission than can be accommodated; or
(ii) in the case of a school that has an affiliated charter school (such as a school
that is part of the same network of
schools), automatically enrolls students
who are enrolled in the immediate prior
grade level of the affiliated charter school
and, for any additional student openings or
student openings created through regular
attrition in student enrollment in the affiliated charter school and the enrolling
school, admits students on the basis of a
lottery as described in clause (i);
(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 State audit requirements are waived by the State;
(J) meets all applicable Federal, State, and
local health and safety requirements;
(K) operates in accordance with State law;
(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; and
(M) may serve students in early childhood
education programs or postsecondary students.
(3) Charter management organization
The term ‘‘charter management organization’’ means a nonprofit organization that operates or manages a network of charter
schools linked by centralized support, operations, and oversight.

§ 7221i

TITLE 20—EDUCATION

(4) Charter school support organization
The term ‘‘charter school support organization’’ means a nonprofit, nongovernmental entity that is not an authorized public chartering agency and provides, on a statewide
basis—
(A) assistance to developers during the
planning, program design, and initial implementation of a charter school; and
(B) technical assistance to operating charter schools.
(5) 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.
(6) 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.
(7) Expand
The term ‘‘expand’’, when used with respect
to a high-quality charter school, means to significantly increase enrollment or add one or
more grades to the high-quality charter
school.
(8) High-quality charter school
The term ‘‘high-quality charter school’’
means a charter school that—
(A) shows evidence of strong academic results, which may include strong student academic growth, as determined by a State;
(B) has no significant issues in the areas of
student safety, financial and operational
management, or statutory or regulatory
compliance;
(C) has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, for all students served by the charter school; and
(D) has demonstrated success in increasing
student academic achievement, including
graduation rates where applicable, for each
of the subgroups of students, as defined in
section 6311(c)(2) of this title, except that
such demonstration is not required in a case
in which the number of students in a group
is insufficient to yield statistically reliable
information or the results would reveal personally identifiable information about an individual student.
(9) Replicate
The term ‘‘replicate’’, when used with respect to a high-quality charter school, means
to open a new charter school, or a new campus
of a high-quality charter school, based on the
educational model of an existing high-quality
charter school, under an existing charter or an
additional charter, if permitted or required by
State law.

Page 1518

(Pub. L. 89–10, title IV, § 4310, formerly title V,
§ 5210, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1798; renumbered title IV, § 4310,
and amended Pub. L. 114–95, title IV,
§§ 4001(b)(2)(A), (B), (D)(iii), 4301(4), Dec. 10, 2015,
129 Stat. 1967, 2012.)
Editorial Notes
REFERENCES IN TEXT
The Age Discrimination Act of 1975, referred to in
par. (2)(G), is title III of Pub. L. 94–135, Nov. 28, 1975, 89
Stat. 728, which is classified generally to chapter 76
(§ 6101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 6101 of
Title 42 and Tables.
The Civil Rights Act of 1964, referred to in par. (2)(G),
is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of
the Act is classified generally to subchapter V (§ 2000d
et seq.) of chapter 21 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 2000a
of Title 42 and Tables.
The Education Amendments of 1972, referred to in
par. (2)(G), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235.
Title IX of the Act, known as the Patsy Takemoto
Mink Equal Opportunity in Education Act, is classified
principally to chapter 38 (§ 1681 et seq.) of this title. For
complete classification of title IX to the Code, see
Short Title note set out under section 1681 of this title
and Tables.
The Americans with Disabilities Act of 1990, referred
to in par. (2)(G), is Pub. L. 101–336, July 26, 1990, 104
Stat. 327, which is classified principally to chapter 126
(§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 12101
of Title 42 and Tables.
The Individuals with Disabilities Education Act, referred to in par. (2)(G), is title VI of Pub. L. 91–230, Apr.
13, 1970, 84 Stat. 175. Part B of the Act is classified generally to subchapter II (§ 1411 et seq.) of chapter 33 of
this title. For complete classification of this Act to the
Code, see section 1400 of this title and Tables.
AMENDMENTS
2015—Pub. L. 114–95, § 4301(4)(A), substituted ‘‘part’’
for ‘‘subpart’’ in introductory provisions.
Par. (1). Pub. L. 114–95, § 4301(4)(C), redesignated par.
(4) as (1). Former par. (1) redesignated (2).
Par. (2). Pub. L. 114–95, § 4301(4)(B), redesignated par.
(1) as (2). Former par. (2) redesignated (5).
Par. (2)(G). Pub. L. 114–95, § 4301(4)(D)(i), substituted
‘‘, the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), section 1232g of this title (commonly referred to as the ‘Family Educational Rights
and Privacy Act of 1974’), and part B’’ for ‘‘, and part
B’’.
Par. (2)(H). Pub. L. 114–95, § 4301(4)(D)(ii), added subpar. (H) and struck out former subpar. (H) which read
as follows: ‘‘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;’’.
Par. (2)(I). Pub. L. 114–95, § 4301(4)(D)(iii), added subpar. (I) and struck out former subpar. (I) which read as
follows: ‘‘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;’’.
Par. (2)(M). Pub. L. 114–95, § 4301(4)(D)(iv)–(vi), added
subpar. (M).
Pars. (3), (4). Pub. L. 114–95, § 4301(4)(E), added pars. (3)
and (4). Former pars. (3) and (4) redesignated (6) and (1),
respectively.
Par. (5). Pub. L. 114–95, § 4301(4)(B), redesignated par.
(2) as (5).

Page 1519

TITLE 20—EDUCATION

Par. (6). Pub. L. 114–95, § 4301(4)(B), redesignated par.
(3) as (6).
Par. (6)(B). Pub. L. 114–95, § 4301(4)(F), struck out
‘‘under section 7221b(d)(3) of this title’’ before period at
end.
Pars. (7) to (9). Pub. L. 114–95, § 4301(4)(G), added pars.
(7) to (9).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7221j. Authorization of appropriations
There are authorized to be appropriated to
carry out this part—
(1) $270,000,000 for fiscal year 2017;
(2) $270,000,000 for fiscal year 2018;
(3) $300,000,000 for fiscal year 2019; and
(4) $300,000,000 for fiscal year 2020.
(Pub. L. 89–10, title IV, § 4311, as added Pub. L.
114–95, title IV, § 4301(5), Dec. 10, 2015, 129 Stat.
2013.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7221j, Pub. L. 89–10, title IV, § 4311, formerly title V, § 5211, as added Pub. L. 107–110, title V,
§ 501, Jan. 8, 2002, 115 Stat. 1799; renumbered title IV,
§ 4311, Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B), (D)(iii),
Dec. 10, 2015, 129 Stat. 1967, authorized appropriations
for fiscal year 2002 and the 5 succeeding fiscal years,
prior to repeal by Pub. L. 114–95, § 5, title IV, § 4301(5),
Dec. 10, 2015, 129 Stat. 1806, 2013, effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs.
A prior section 4311 of Pub. L. 89–10 was classified to
section 3091 of this title, prior to general amendment of
Pub. L. 89–10 by Pub. L. 103–382.
Prior sections 7223 to 7223j and 7225 to 7225g were repealed by Pub. L. 114–95, § 5, title IV, § 4001(b)(1)(B), Dec.
10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs
and competitive programs.
Section 7223, Pub. L. 89–10, title V, § 5221, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1800,
stated purpose of subpart 2 of part B of former subchapter V of this chapter, related to credit enhancement initiatives to assist charter school facility acquisition, construction, and renovation.
Section 7223a, Pub. L. 89–10, title V, § 5222, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1800,
related to grants to eligible entities.
Section 7223b, Pub. L. 89–10, title V, § 5223, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1800,
related to applications for grants.
Section 7223c, Pub. L. 89–10, title V, § 5224, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1801,
related to charter school objectives.
Section 7223d, Pub. L. 89–10, title V, § 5225, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1801,
related to reserve account.
Section 7223e, Pub. L. 89–10, title V, § 5226, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1802,
related to limitation on administrative costs.
Section 7223f, Pub. L. 89–10, title V, § 5227, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1802,
related to audits and reports.
Section 7223g, Pub. L. 89–10, title V, § 5228, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803,
provided that there was no full faith and credit for
grantee obligations.

§ 7231

Section 7223h, Pub. L. 89–10, title V, § 5229, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803,
related to recovery of funds.
Section 7223i, Pub. L. 89–10, title V, § 5230, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803,
defined terms for the former subpart.
Section 7223j, Pub. L. 89–10, title V, § 5231, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803,
authorized appropriations for fiscal years 2002 and 2003.
Section 7225, Pub. L. 89–10, title V, § 5241, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803,
authorized grants to carry out subpart 3 of part B of
former subchapter V of this chapter, related to voluntary public school choice programs.
Section 7225a, Pub. L. 89–10, title V, § 5242, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1804,
related to uses of funds.
Section 7225b, Pub. L. 89–10, title V, § 5243, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1804,
related to applications for grants.
Section 7225c, Pub. L. 89–10, title V, § 5244, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1804,
related to priorities in awarding grants.
Section 7225d, Pub. L. 89–10, title V, § 5245, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1805,
related to requirements and voluntary participation.
Section 7225e, Pub. L. 89–10, title V, § 5246, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1805,
related to evaluations.
Section 7225f, Pub. L. 89–10, title V, § 5247, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1805,
defined terms for the former subpart.
Section 7225g, Pub. L. 89–10, title V, § 5248, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1806,
authorized appropriations for fiscal year 2002 and the 5
succeeding fiscal years.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

PART D—MAGNET SCHOOLS ASSISTANCE
Editorial Notes
CODIFICATION
Pub. L. 114–95, title IV, § 4001(b)(3)(A)–(C), Dec. 10,
2015, 129 Stat. 1967, redesignated part C (§ 7231 et seq.) of
subchapter V of this chapter as part D of this subchapter.

§ 7231. 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
chapter, with approximately 2,500,000 students
nationwide attending such schools, of whom
more than 69 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 court-ordered desegrega-

§ 7231a

TITLE 20—EDUCATION

tion 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—
(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, implementation, and
expansion 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 standards;
(3) the development, design, and expansion
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 career,
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 employment.
(Pub. L. 89–10, title IV, § 4401, formerly title V,
§ 5301, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1806; renumbered title IV, § 4401,
and amended Pub. L. 114–95, title IV,

Page 1520

§§ 4001(b)(3)(A), (B), (D)(i), 4401(1), Dec. 10, 2015,
129 Stat. 1967, 2014.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7231, Pub. L. 89–10, title V, § 5201, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3695, set forth short title and findings for the Women’s
Educational Equity Act of 1994, prior to the general
amendment of former subchapter V of this chapter by
Pub. L. 107–110.
A prior section 4401 of Pub. L. 89–10 was classified to
section 3121 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Subsec. (a)(2). Pub. L. 114–95, § 4401(1)(A), substituted ‘‘2,500,000’’ for ‘‘2,000,000’’ and ‘‘69’’ for ‘‘65’’.
Subsec. (b)(2). Pub. L. 114–95, § 4401(1)(B)(i), substituted ‘‘, implementation, and expansion’’ for ‘‘and
implementation’’ and ‘‘standards’’ for ‘‘content standards and student academic achievement standards’’.
Subsec. (b)(3). Pub. L. 114–95, § 4401(1)(B)(ii), substituted ‘‘, design, and expansion’’ for ‘‘and design’’.
Subsec. (b)(4). Pub. L. 114–95, § 4401(1)(B)(iii), substituted ‘‘career’’ for ‘‘vocational’’.
Subsec. (b)(6). Pub. L. 114–95, § 4401(1)(B)(iv), struck
out ‘‘productive’’ before ‘‘employment’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7231a. Definition
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.
(Pub. L. 89–10, title IV, § 4402, formerly title V,
§ 5302, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1807; renumbered title IV, § 4402,
Pub. L. 114–95, title IV, § 4001(b)(3)(A), (B), (D)(i),
Dec. 10, 2015, 129 Stat. 1967.)
Editorial Notes
PRIOR PROVISIONS
A prior section 4402 of Pub. L. 89–10 was classified to
section 3122 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

§ 7231b. Program authorized
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.
(Pub. L. 89–10, title IV, § 4403, formerly title V,
§ 5303, as added Pub. L. 107–110, title V, § 501, Jan.

Page 1521

TITLE 20—EDUCATION

8, 2002, 115 Stat. 1807; renumbered title IV, § 4403,
Pub. L. 114–95, title IV, § 4001(b)(3)(A), (B), (D)(i),
Dec. 10, 2015, 129 Stat. 1967.)
Editorial Notes
PRIOR PROVISIONS
A prior section 4403 of Pub. L. 89–10 was classified to
section 3123 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

§ 7231c. Eligibility
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-group-segregated 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 by the Secretary as adequate
under title VI of the Civil Rights Act of 1964
[42 U.S.C. 2000d et seq.] for the desegregation
of minority-group-segregated children or faculty in such schools.
(Pub. L. 89–10, title IV, § 4404, formerly title V,
§ 5304, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1807; renumbered title IV, § 4404,
Pub. L. 114–95, title IV, § 4001(b)(3)(A), (B), (D)(i),
Dec. 10, 2015, 129 Stat. 1967.)
Editorial Notes
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in par. (2), is
Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended.
Title VI of the Act is classified generally to subchapter
V (§ 2000d et seq.) of chapter 21 of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
PRIOR PROVISIONS
A prior section 4404 of Pub. L. 89–10 was classified to
section 3124 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

§ 7231d. 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, in-

§ 7231d

cluding any available evidence on, or if such
evidence is not available, a rationale, based
on current research, for 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, including
any evidence, or if such evidence is not
available, a rationale based on current research findings, to support such description;
(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 the applicant will assess, monitor,
and evaluate the impact of the activities
funded under this part on student achievement and integration;
(E) 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 chapter, and other Acts, as appropriate; and
(F) 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 7231(b) of this
title;
(B) employ effective 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 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

TITLE 20—EDUCATION

§ 7231e

Civil Rights determines that the assurances described in subsection (b)(2)(C) will be met.
(Pub. L. 89–10, title IV, § 4405, formerly title V,
§ 5305, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1808; renumbered title IV, § 4405,
and amended Pub. L. 114–95, title IV,
§§ 4001(b)(3)(A), (B), (D)(i), 4401(2), Dec. 10, 2015,
129 Stat. 1967, 2014.)

Page 1522

(Pub. L. 89–10, title IV, § 4406, formerly title V,
§ 5306, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1809; renumbered title IV, § 4406,
and amended Pub. L. 114–95, title IV,
§§ 4001(b)(3)(A), (B), (D)(i), 4401(3), Dec. 10, 2015,
129 Stat. 1967, 2014.)
Editorial Notes
PRIOR PROVISIONS

Editorial Notes
PRIOR PROVISIONS
A prior section 4405 of Pub. L. 89–10 was classified to
section 3125 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Subsec. (b)(1)(A). Pub. L. 114–95, § 4401(2)(A)(i),
inserted ‘‘any available evidence on, or if such evidence
is not available, a rationale, based on current research,
for’’ before ‘‘how the proposed magnet school programs’’.
Subsec. (b)(1)(B). Pub. L. 114–95, § 4401(2)(A)(ii), inserted ‘‘, including any evidence, or if such evidence is
not available, a rationale based on current research
findings, to support such description’’ before semicolon
at end.
Subsec. (b)(1)(D) to (F). Pub. L. 114–95, § 4401(2)(A)(iii),
(iv), added subpar. (D) and redesignated former subpars.
(D) and (E) as (E) and (F), respectively.
Subsec. (b)(2)(A). Pub. L. 114–95, § 4401(2)(B)(i), made
technical amendment to reference in original act which
appears in text as reference to section 7231(b) of this
title.
Subsec. (b)(2)(B). Pub. L. 114–95, § 4401(2)(B)(ii), substituted ‘‘effective’’ for ‘‘highly qualified’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7231e. Priority
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—
(A) carry out a new, evidence-based magnet school program;
(B) significantly revise an existing magnet
school program, using evidence-based methods and practices, as available; or
(C) replicate an existing magnet school
program that has a demonstrated record of
success in increasing student academic
achievement and reducing isolation of minority groups;
(3) propose to select students to attend magnet school programs by methods such as lottery, rather than through academic examination; and
(4) propose to increase racial integration by
taking into account socioeconomic diversity
in designing and implementing magnet school
programs.

A prior section 4406 of Pub. L. 89–10 was classified to
section 3126 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Pars. (2) to (4). Pub. L. 114–95, § 4401(3), added
pars. (2) to (4) and struck out former pars. (2) and (3)
which read as follows:
‘‘(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.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7231f. Use of funds
(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 effective,
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

Page 1523

TITLE 20—EDUCATION

school program in order to serve students attending a school who are not enrolled in a
magnet school program;
(7) to enable the local educational agency, or
consortium of such agencies, to have flexibility in designing magnet schools for students in all grades;
(8) to enable the local educational agency, or
consortium of such agencies, or other organizations partnered with such agency or consortium, to establish, expand, or strengthen
inter-district and regional magnet programs;
and
(9) to provide transportation to and from the
magnet school, provided that—
(A) such transportation is sustainable beyond the grant period; and
(B) the costs of providing transportation
do not represent a significant portion of the
grant funds received by the eligible local
educational agency under this part.
(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 challenging State academic
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
career, technical, and professional skills.
(Pub. L. 89–10, title IV, § 4407, formerly title V,
§ 5307, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1809; renumbered title IV, § 4407,
and amended Pub. L. 114–95, title IV,
§§ 4001(b)(3)(A), (B), (D)(i), 4401(4), Dec. 10, 2015,
129 Stat. 1967, 2015; Pub. L. 116–260, div. H, title
III, § 314(b), Dec. 27, 2020, 134 Stat. 1610.)
Editorial Notes
PRIOR PROVISIONS
A prior section 4407 of Pub. L. 89–10 was classified to
section 3127 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2020—Subsec. (a)(9). Pub. L. 116–260 struck out ‘‘notwithstanding section 1228 of this title,’’ before ‘‘to provide transportation’’.
2015—Subsec. (a)(3). Pub. L. 114–95, § 4401(4)(A)(i), substituted ‘‘effective’’ for ‘‘highly qualified’’.
Subsec. (a)(8), (9). Pub. L. 114–95, § 4401(4)(A)(ii)–(iv),
added pars. (8) and (9).
Subsec. (b). Pub. L. 114–95, § 4401(4)(B), added subsec.
(b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘Grant funds under this
part may be used for activities described in paragraphs
(2) and (3) of subsection (a) of this section only if the
activities are directly related to improving student
academic achievement based on the State’s challenging
academic 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.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-

§ 7231h

grams and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7231g. Repealed. Pub. L. 114–95, title IV,
§ 4001(b)(3)(D)(ii), Dec. 10, 2015, 129 Stat. 1967
Section, Pub. L. 89–10, title IV, § 5308, formerly title
V, § 5308, as added Pub. L. 107–110, title V, § 501, Jan. 8,
2002, 115 Stat. 1810; renumbered title IV, § 5308, Pub. L.
114–95, title IV, § 4001(b)(3)(A), (B), Dec. 10, 2015, 129 Stat.
1967, prohibited certain uses of grants under this part.
Editorial Notes
PRIOR PROVISIONS
A prior section 5308 of Pub. L. 89–10 was classified to
section 7268 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L.
107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7231h. Limitations
(a) Duration of awards
A grant under this part shall be awarded for a
period that shall not exceed 5 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 grant awarded under this part to a local
educational agency, or a consortium of such
agencies, shall be for more than $15,000,000 for
the grant period described in subsection (a).
(d) Timing
To the extent practicable, the Secretary shall
award grants for any fiscal year under this part
not later than June 1 of the applicable fiscal
year.
(Pub. L. 89–10, title IV, § 4408, formerly title V,
§ 5309, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1810; renumbered title IV, § 4408,
and amended Pub. L. 114–95, title IV,
§§ 4001(b)(3)(A), (B), (D)(iii), 4401(5), Dec. 10, 2015,
129 Stat. 1967, 2015.)
Editorial Notes
PRIOR PROVISIONS
A prior section 4408 of Pub. L. 89–10 was classified to
section 3128 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 4401(5)(A), substituted ‘‘5’’ for ‘‘3’’.
Subsec. (c). Pub. L. 114–95, § 4401(5)(B), added subsec.
(c) and struck out former subsec. (c). Prior to amend-

TITLE 20—EDUCATION

§ 7231i

ment, text read as follows: ‘‘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.’’
Subsec. (d). Pub. L. 114–95, § 4401(5)(C), substituted
‘‘June’’ for ‘‘July’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7231i. Repealed. Pub. L. 114–95, title IV,
§ 4001(b)(3)(D)(ii), Dec. 10, 2015, 129 Stat. 1967
Section, Pub. L. 89–10, title IV, § 5310, formerly title
V, § 5310, as added Pub. L. 107–110, title V, § 501, Jan. 8,
2002, 115 Stat. 1810; renumbered title IV, § 5310, Pub. L.
114–95, title IV, § 4001(b)(3)(A), (B), Dec. 10, 2015, 129 Stat.
1967, related to evaluations.
Statutory Notes and Related Subsidiaries

Page 1524

Prior sections 7232 to 7238 were omitted in the general
amendment of former subchapter V of this chapter by
Pub. L. 107–110.
Section 7232, Pub. L. 89–10, title V, § 5202, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3696,
set forth purposes of part B of former subchapter V of
this chapter relating to gender equity.
Section 7233, Pub. L. 89–10, title V, § 5203, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3696;
amended Pub. L. 104–193, title I, § 110(j)(3), Aug. 22, 1996,
110 Stat. 2172, authorized gender equity programs.
Section 7234, Pub. L. 89–10, title V, § 5204, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3699,
related to applications.
Section 7235, Pub. L. 89–10, title V, § 5205, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3699,
set forth criteria and priorities for awards.
Section 7236, Pub. L. 89–10, title V, § 5206, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3700,
related to submission of report.
Section 7237, Pub. L. 89–10, title V, § 5207, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3700,
related to administration.
Section 7238, Pub. L. 89–10, title V, § 5208, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3701,
authorized appropriations.

EFFECTIVE DATE OF REPEAL

AMENDMENTS

Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

2015—Subsec. (a). Pub. L. 114–95, § 4401(6)(A), added
subsec. (a) and struck out former subsec. (a). Prior to
amendment, text read as follows: ‘‘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.’’
Subsecs. (b), (c). Pub. L. 114–95, § 4401(6)(B), (C), added
subsec. (b) and redesignated former subsec. (b) as (c).

§ 7231j. Authorization of appropriations; reservation
(a) Authorization
There are authorized to be appropriated to
carry out this part the following amounts:
(1) $94,000,000 for fiscal year 2017.
(2) $96,820,000 for fiscal year 2018.
(3) $102,387,150 for fiscal year 2019.
(4) $108,530,379 for fiscal year 2020.
(b) Reservation for technical assistance
The Secretary may reserve not more than 1
percent of the funds appropriated under subsection (a) for any fiscal year to provide technical assistance and share best practices with
respect to magnet school programs assisted
under this part.
(c) Availability of funds for grants to agencies
not previously assisted
In any fiscal year for which the amount 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.
(Pub. L. 89–10, title IV, § 4409, formerly title V,
§ 5311, as added Pub. L. 107–110, title V, § 501, Jan.
8, 2002, 115 Stat. 1810; renumbered title IV, § 4409,
and amended Pub. L. 114–95, title IV,
§§ 4001(b)(3)(A), (B), (D)(iii), 4401(6), Dec. 10, 2015,
129 Stat. 1967, 2015.)
Editorial Notes
PRIOR PROVISIONS
A prior section 4409 of Pub. L. 89–10 was classified to
section 3129 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PART E—FAMILY ENGAGEMENT IN EDUCATION
PROGRAMS
§ 7241. Purposes
The purposes of this part are the following:
(1) To provide financial support to organizations to provide technical assistance and
training to State educational agencies and
local educational agencies in the implementation and enhancement of systemic and effective family engagement policies, programs,
and activities that lead to improvements in
student development and academic achievement.
(2) To assist State educational agencies,
local educational agencies, community-based
organizations, schools, and educators in
strengthening partnerships among parents,
teachers, school leaders, administrators, and
other school personnel in meeting the educational needs of children and fostering greater parental engagement.
(3) To support State educational agencies,
local educational agencies, schools, educators,
and parents in developing and strengthening
the relationship between parents and their
children’s school in order to further the developmental progress of children.

Page 1525

TITLE 20—EDUCATION

(4) To coordinate activities funded under
this part with parent involvement initiatives
funded under section 6318 of this title and
other provisions of this chapter.
(5) To assist the Secretary, State educational agencies, and local educational agencies in the coordination and integration of
Federal, State, and local services and programs to engage families in education.
(Pub. L. 89–10, title IV, § 4501, as added Pub. L.
114–95, title IV, § 4501, Dec. 10, 2015, 129 Stat.
2016.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7241, Pub. L. 89–10, title V, § 5401, as
added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat.
1811, authorized appropriations for fiscal years 2002 to
2007, prior to repeal by Pub. L. 114–95, § 5, title IV,
§ 4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective
Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
A prior section 4501 of Pub. L. 89–10 was classified to
section 3141 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7242. Grants authorized.
(a) Statewide family engagement centers
From the amount appropriated under section
7246 of this title and not reserved under subsection (d), the Secretary is authorized to award
grants for each fiscal year to statewide organizations (or consortia of such organizations), to
establish statewide family engagement centers
that—
(1) carry out parent education, and family
engagement in education, programs; or
(2) provide comprehensive training and technical assistance to State educational agencies,
local educational agencies, schools identified
by State educational agencies and local educational agencies, organizations that support
family-school partnerships, and other organizations that carry out such programs.
(b) Minimum award
In awarding grants under this section, the Secretary shall, to the extent practicable, ensure
that a grant is awarded for a statewide family
engagement center in an amount not less than
$500,000.
(c) Matching funds for grant renewal
Each organization or consortium receiving assistance under this part shall demonstrate that,
for each fiscal year after the first fiscal year for
which the organization or consortium is receiving such assistance, a portion of the services
provided by the organization or consortium is
supported through non-Federal contributions,
which may be in cash or in-kind.
(d) Technical assistance
The Secretary shall reserve not more than 2
percent of the funds appropriated under section

§ 7243

7246 of this title to carry out this part to provide
technical assistance, by competitive grant or
contract, for the establishment, development,
and coordination of statewide family engagement centers.
(Pub. L. 89–10, title IV, § 4502, as added Pub. L.
114–95, title IV, § 4501, Dec. 10, 2015, 129 Stat.
2016.)
Editorial Notes
PRIOR PROVISIONS
A prior section 4502 of Pub. L. 89–10 was classified to
section 3142 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7243. Applications
(a) Submissions
Each statewide organization, or a consortium
of such organizations, that desires a grant under
this part shall submit an application to the Secretary at such time and in such manner as the
Secretary may require, which shall include the
information described in subsection (b).
(b) Contents
Each application submitted under subsection
(a) shall include, at a minimum, the following:
(1) A description of the applicant’s approach
to family engagement in education.
(2) A description of how the State educational agency and any partner organization
will support the statewide family engagement
center that will be operated by the applicant
including a description of the State educational agency and any partner organization’s commitment of such support.
(3) A description of the applicant’s plan for
building a statewide infrastructure for family
engagement in education, that includes—
(A) management and governance;
(B) statewide leadership; or
(C) systemic services for family engagement in education.
(4) A description of the applicant’s demonstrated experience in providing training, information, and support to State educational
agencies, local educational agencies, schools,
educators, parents, and organizations on family engagement in education policies and practices that are effective for parents (including
low-income parents) and families, parents of
English learners, minorities, students with
disabilities, homeless children and youth, children and youth in foster care, and migrant
students, including evaluation results, reporting, or other data exhibiting such demonstrated experience.
(5) A description of the steps the applicant
will take to target services to low-income students and parents.
(6) An assurance that the applicant will—

§ 7244

TITLE 20—EDUCATION

(A) establish a special advisory committee,
the membership of which includes—
(i) parents, who shall constitute a majority of the members of the special advisory
committee;
(ii) representatives of education professionals with expertise in improving services for disadvantaged children;
(iii) representatives of local elementary
schools and secondary schools, including
students;
(iv) representatives of the business community; and
(v) representatives of State educational
agencies and local educational agencies;
(B) use not less than 65 percent of the
funds received under this part in each fiscal
year to serve local educational agencies,
schools, and community-based organizations
that serve high concentrations of disadvantaged students, including students who are
English learners, minorities, students with
disabilities, homeless children and youth,
children and youth in foster care, and migrant students;
(C) operate a statewide family engagement
center of sufficient size, scope, and quality
to ensure that the center is adequate to
serve the State educational agency, local
educational agencies, and community-based
organizations;
(D) ensure that the statewide family engagement center will retain staff with the
requisite training and experience to serve
parents in the State;
(E) serve urban, suburban, and rural local
educational agencies and schools;
(F) work with—
(i) other statewide family engagement
centers assisted under this part; and
(ii) parent training and information centers and community parent resource centers assisted under sections 1471 and 1472 of
this title;
(G) use not less than 30 percent of the
funds received under this part for each fiscal
year to establish or expand technical assistance for evidence-based parent education
programs;
(H) provide assistance to State educational
agencies, local educational agencies, and
community-based organizations that support family members in supporting student
academic achievement;
(I) work with State educational agencies,
local educational agencies, schools, educators, and parents to determine parental
needs and the best means for delivery of
services to address such needs;
(J) conduct sufficient outreach to assist
parents, including parents who the applicant
may have a difficult time engaging with a
school or local educational agency; and
(K) conduct outreach to low-income students and parents, including low-income students and parents who are not proficient in
English.
(7) An assurance that the applicant will conduct training programs in the community to
improve adult literacy, including financial literacy.

Page 1526

(c) Priority
In awarding grants for activities described in
this part, the Secretary shall give priority to
statewide family engagement centers that will
use funds under section 7244 of this title for evidence-based activities, which, for the purposes
of this part is defined as activities meeting the
requirements of section 7801(21)(A)(i) of this
title.
(Pub. L. 89–10, title IV, § 4503, as added Pub. L.
114–95, title IV, § 4501, Dec. 10, 2015, 129 Stat.
2017.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 7243 to 7243c were repealed by Pub. L.
114–95, § 5, title IV, § 4001(b)(1)(C), Dec. 10, 2015, 129 Stat.
1806, 1967, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Section 7243, Pub. L. 89–10, title V, § 5411, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1811,
related to programs authorized.
Section 7243a, Pub. L. 89–10, title V, § 5412, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1812,
related to applications for awards.
Section 7243b, Pub. L. 89–10, title V, § 5413, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1812,
related to program requirements.
Section 7243c, Pub. L. 89–10, title V, § 5414, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1813,
related to studies of national significance.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7244. Uses of funds
(a) In general
Each statewide organization or consortium receiving a grant under this part shall use the
grant funds, based on the needs determined
under section 7243(b)(6)(I) of this title, to provide
training and technical assistance to State educational agencies, local educational agencies,
and organizations that support family-school
partnerships, and activities, services, and training for local educational agencies, school leaders, educators, and parents—
(1) to assist parents in participating effectively in their children’s education and to help
their children meet challenging State academic standards, such as by assisting parents—
(A) to engage in activities that will improve student academic achievement, including understanding how parents can support learning in the classroom with activities at home and in after school and extracurricular programs;
(B) to communicate effectively with their
children, teachers, school leaders, counselors, administrators, and other school personnel;
(C) to become active participants in the
development, implementation, and review of

Page 1527

TITLE 20—EDUCATION

school-parent compacts, family engagement
in education policies, and school planning
and improvement;
(D) to participate in the design and provision of assistance to students who are not
making academic progress;
(E) to participate in State and local decisionmaking;
(F) to train other parents; and
(G) in learning and using technology applied in their children’s education;
(2) to develop and implement, in partnership
with the State educational agency, statewide
family engagement in education policy and
systemic initiatives that will provide for a
continuum of services to remove barriers for
family engagement in education and support
school reform efforts; and
(3) to develop and implement parental involvement policies under this chapter.
(b) Rule of construction
Nothing in this section shall be construed to
prohibit a statewide family engagement 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.
(c) Parental rights
Notwithstanding any other provision of this
section—
(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
section; and
(2) no program or center assisted under this
section shall take any action that infringes in
any manner on the right of parents to direct
the education of their children.
(Pub. L. 89–10, title IV, § 4504, as added Pub. L.
114–95, title IV, § 4501, Dec. 10, 2015, 129 Stat.
2019.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7245. Family engagement in Indian schools
The Secretary of the Interior, in consultation
with the Secretary of Education, shall establish,
or enter into contracts and cooperative agreements with, local tribes, tribal organizations, or
Indian nonprofit parent organizations to establish and operate family engagement centers.
(Pub. L. 89–10, title IV, § 4505, as added Pub. L.
114–95, title IV, § 4501, Dec. 10, 2015, 129 Stat.
2020.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7245, Pub. L. 89–10, title V, § 5421, as
added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat.

§ 7251

1814, related to elementary and secondary school counseling programs, prior to repeal by Pub. L. 114–95, § 5,
title IV, § 4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967,
effective Dec. 10, 2015, except with respect to certain
noncompetitive programs and competitive programs.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7246. Authorization of appropriations
There are authorized to be appropriated to
carry out this part $10,000,000 for each of fiscal
years 2017 through 2020.
(Pub. L. 89–10, title IV, § 4506, as added Pub. L.
114–95, title IV, § 4501, Dec. 10, 2015, 129 Stat.
2020.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 7247 and 7249 were repealed by Pub. L.
114–95, § 5, title IV, § 4001(b)(1)(C), Dec. 10, 2015, 129 Stat.
1806, 1967, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Section 7247, Pub. L. 89–10, title V, § 5431, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1817,
related to partnerships in character education program.
Section 7249, Pub. L. 89–10, title V, § 5441, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1823,
related to smaller learning communities.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

PART F—NATIONAL ACTIVITIES
§ 7251. Authorization of appropriations; reservations
(a) Authorization of appropriations
There are authorized to be appropriated to
carry out this part—
(1) $200,741,000 for each of fiscal years 2017
and 2018; and
(2) $220,741,000 for each of fiscal years 2019
and 2020.
(b) Reservations
From the amounts appropriated under subsection (a) for a fiscal year, the Secretary
shall—
(1) reserve $5,000,000 to carry out activities
authorized under subpart 3; and
(2) from the amounts remaining after the
reservation under paragraph (1)—
(A) carry out activities authorized under
subpart 1 using—
(i) 36 percent of such remainder for each
of fiscal years 2017 and 2018; and
(ii) 42 percent of such remainder for each
of fiscal years 2019 and 2020;

TITLE 20—EDUCATION

§ 7261

(B) carry out activities authorized under
subpart 2 using—
(i) 36 percent of such remainder for each
of fiscal years 2017 and 2018; and
(ii) 32 percent of such remainder for each
of fiscal years 2019 and 2020; and
(C) to carry out activities authorized
under subpart 4— 1
(i) 28 percent of such remainder for each
of fiscal years 2017 and 2018; and
(ii) 26 percent of such remainder for each
of fiscal years 2019 and 2020.
(Pub. L. 89–10, title IV, § 4601, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2020.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7251, Pub. L. 89–10, title V, § 5451, as
added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat.
1824, related to inexpensive book distribution program
for reading motivation, prior to repeal by Pub. L.
114–95, § 5, title IV, § 4001(b)(1)(C), Dec. 10, 2015, 129 Stat.
1806, 1967, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
A prior section 4601 of Pub. L. 89–10 was classified to
section 3151 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Prior sections 7253 to 7253e, 7255 to 7255f, 7257 to 7257d,
and 7259 to 7259c were repealed by Pub. L. 114–95, § 5,
title IV, § 4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967,
effective Dec. 10, 2015, except with respect to certain
noncompetitive programs and competitive programs.
Section 7253, Pub. L. 89–10, title V, § 5461, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1826,
provided that subpart 6 of part D of former subchapter
V of this chapter could be cited as the ‘‘Jacob K. Javits
Gifted and Talented Students Education Act of 2001’’.
Section 7253a, Pub. L. 89–10, title V, § 5462, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1826,
provided purpose of former subpart.
Section 7253b, Pub. L. 89–10, title V, § 5463, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1826,
related to rule of construction.
Section 7253c, Pub. L. 89–10, title V, § 5464, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1826;
amended Pub. L. 107–279, title IV, § 404(d)(5)(C), (6), Nov.
5, 2002, 116 Stat. 1986, related to authorized programs.
Section 7253d, Pub. L. 89–10, title V, § 5465, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1828,
related to program priorities.
Section 7253e, Pub. L. 89–10, title V, § 5466, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1828,
related to general provisions.
Section 7255, Pub. L. 89–10, title V, § 5471, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1829,
provided that subpart 7 of part D of former subchapter
V of this chapter could be cited as the ‘‘Star Schools
Act’’.
Section 7255a, Pub. L. 89–10, title V, § 5472, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1829,
provided purposes of former subpart.
Section 7255b, Pub. L. 89–10, title V, § 5473, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1830,
authorized grant program.
Section 7255c, Pub. L. 89–10, title V, § 5474, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1831,
related to applications.
Section 7255d, Pub. L. 89–10, title V, § 5475, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1834,
related to other grant assistance.
1 So in original. Probably should be ‘‘(C) carry out activities
authorized under subpart 4 using—’’.

Page 1528

Section 7255e, Pub. L. 89–10, title V, § 5476, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1835,
related to administrative provisions.
Section 7255f, Pub. L. 89–10, title V, § 5477, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1836,
defined terms.
Section 7257, Pub. L. 89–10, title V, § 5481, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1837,
authorized awarding of grants.
Section 7257a, Pub. L. 89–10, title V, § 5482, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1838,
related to application requirement.
Section 7257b, Pub. L. 89–10, title V, § 5483, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1838,
related to reports and evaluation.
Section 7257c, Pub. L. 89–10, title V, § 5484, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1838,
related to digital educational programming grants.
Section 7257d, Pub. L. 89–10, title V, § 5485, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1839,
related to administrative costs.
Section 7259, Pub. L. 89–10, title V, § 5491, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1839,
provided that subpart 9 of part D of former subchapter
V of this chapter could be cited as the ‘‘Foreign Language Assistance Act of 2001’’.
Section 7259a, Pub. L. 89–10, title V, § 5492, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1839,
authorized awarding of grants.
Section 7259b, Pub. L. 89–10, title V, § 5493, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1840,
related to application requirement.
Section 7259c, Pub. L. 89–10, title V, § 5494, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1840,
related to elementary school foreign language incentive program.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.
SUBPART 1—EDUCATION INNOVATION AND
RESEARCH

§ 7261. Grants for education innovation and research
(a) Program authorized
(1) In general
From
funds
reserved
under
section
7251(b)(2)(A) of this title, the Secretary shall
make grants to eligible entities to enable the
eligible entities to—
(A) create, develop, implement, replicate,
or take to scale entrepreneurial, evidencebased, field-initiated innovations to improve
student achievement and attainment for
high-need students; and
(B) rigorously evaluate such innovations,
in accordance with subsection (e).
(2) Description of grants
The grants described in paragraph (1) shall
include—
(A) early-phase grants to fund the development, implementation, and feasibility testing of a program, which prior research suggests has promise, for the purpose of determining whether the program can successfully improve student achievement or attainment for high-need students;

Page 1529

TITLE 20—EDUCATION

(B) mid-phase grants to fund implementation and a rigorous evaluation of a program
that has been successfully implemented
under an early-phase grant described in subparagraph (A) or other effort meeting similar criteria, for the purpose of measuring the
program’s impact and cost effectiveness, if
possible using existing administrative data;
and
(C) expansion grants to fund implementation and a rigorous replication evaluation of
a program that has been found to produce
sizable, important impacts under a midphase grant described in subparagraph (B) or
other effort meeting similar criteria, for the
purposes of—
(i) determining whether such impacts
can be successfully reproduced and sustained over time; and
(ii) identifying the conditions in which
the program is most effective.
(b) Eligible entity
In this subpart, the term ‘‘eligible entity’’
means any of the following:
(1) A local educational agency.
(2) A State educational agency.
(3) The Bureau of Indian Education.
(4) A consortium of State educational agencies or local educational agencies.
(5) A nonprofit organization.
(6) A State educational agency, a local educational agency, a consortium described in
paragraph (4), or the Bureau of Indian Education, in partnership with—
(A) a nonprofit organization;
(B) a business;
(C) an educational service agency; or
(D) an institution of higher education.
(c) Rural areas
(1) In general
In awarding grants under subsection (a), the
Secretary shall ensure that not less than 25
percent of the funds made available for any
fiscal year are awarded for programs that
meet both of the following requirements:
(A) The grantee is—
(i) a local educational agency with an
urban-centric district locale code of 32, 33,
41, 42, or 43, as determined by the Secretary;
(ii) a consortium of such local educational agencies;
(iii) an educational service agency or a
nonprofit organization in partnership with
such a local educational agency; or
(iv) a grantee described in clause (i) or
(ii) in partnership with a State educational agency.
(B) A majority of the schools to be served
by the program are designated with a locale
code of 32, 33, 41, 42, or 43, or a combination
of such codes, as determined by the Secretary.
(2) Exception
Notwithstanding paragraph (1), the Secretary shall reduce the amount of funds made
available under such paragraph if the Secretary does not receive a sufficient number of
applications of sufficient quality.

§ 7261

(d) Matching funds
In order to receive a grant under subsection
(a), an eligible entity shall demonstrate that the
eligible entity will provide matching funds, in
cash or through in-kind contributions, from
Federal, State, local, or private sources in an
amount equal to 10 percent of the funds provided
under such grant, except that the Secretary may
waive the matching funds requirement, on a
case-by-case basis, upon a showing of exceptional circumstances, such as—
(1) the difficulty of raising matching funds
for a program to serve a rural area;
(2) the difficulty of raising matching funds
in areas with a concentration of local educational agencies or schools with a high percentage of students aged 5 through 17—
(A) who are in poverty, as counted in the
most recent census data approved by the
Secretary;
(B) who are eligible for a free or reduced
price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.);
(C) whose families receive assistance under
the State program funded under part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.); or
(D) who are eligible to receive medical assistance under the Medicaid program; and
(3) the difficulty of raising funds on tribal
land.
(e) Evaluation
Each recipient of a grant under this section
shall conduct an independent evaluation of the
effectiveness of the program carried out under
such grant.
(f) Technical assistance
The Secretary may reserve not more than 5
percent of the funds appropriated under section
7251(b)(2)(A) of this title for each fiscal year to—
(1) provide technical assistance for eligibility entities, which may include pre-application workshops, web-based seminars, and evaluation support; and
(2) to disseminate best practices.
(Pub. L. 89–10, title IV, § 4611, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2021.)
Editorial Notes
REFERENCES IN TEXT
The Richard B. Russell National School Lunch Act,
referred to in subsec. (d)(2)(B), is act June 4, 1946, ch.
281, 60 Stat. 230, which is classified generally to chapter
13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 1751 of
Title 42 and Tables.
The Social Security Act, referred to in subsec.
(d)(2)(C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part
A of title IV of the Act is classified generally to part
A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title
42 and Tables.
PRIOR PROVISIONS
Prior sections 7261 to 7261f were repealed by Pub. L.
114–95, § 5, title IV, § 4001(b)(1)(C), Dec. 10, 2015, 129 Stat.

§ 7261

TITLE 20—EDUCATION

1806, 1967, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Section 7261, Pub. L. 89–10, title V, § 5501, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1841,
provided that subpart 10 of part D of former subchapter
V of this chapter could be cited as the ‘‘Carol M. White
Physical Education Program’’.
Another prior section 7261, Pub. L. 89–10, title V,
§ 5301, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3701, provided that part C of former subchapter V of this chapter could be cited as the ‘‘School
Dropout Assistance Act’’, prior to the general amendment of former subchapter V of this chapter by Pub. L.
107–110.
Section 7261a, Pub. L. 89–10, title V, § 5502, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1841,
provided purpose of former subpart.
Section 7261b, Pub. L. 89–10, title V, § 5503, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1841,
authorized program.
Section 7261c, Pub. L. 89–10, title V, § 5504, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1841,
related to application requirement.
Section 7261d, Pub. L. 89–10, title V, § 5505, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1842,
related to annual report to Secretary and administrative expenses.
Section 7261e, Pub. L. 89–10, title V, § 5506, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1842,
related to other administrative provisions.
Section 7261f, Pub. L. 89–10, title V, § 5507, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1842,
provided that funds were to supplement, not supplant,
any other Federal, State, or local funds.
A prior section 7262, Pub. L. 89–10, title V, § 5302, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3701, which set forth purpose of the School Dropout Assistance Act, was omitted in the general amendment of
former subchapter V of this chapter by Pub. L. 107–110.
Prior sections 7263 to 7263b were repealed by Pub. L.
114–95, § 5, title IV, § 4001(b)(1)(C), Dec. 10, 2015, 129 Stat.
1806, 1967, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Section 7263, Pub. L. 89–10, title V, § 5511, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1843,
related to purpose and program authorization.
Another prior section 7263, Pub. L. 89–10, title V,
§ 5303, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3701, related to grants to local educational
agencies, prior to the general amendment of former
subchapter V of this chapter by Pub. L. 107–110.
Section 7263a, Pub. L. 89–10, title V, § 5512, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1843,
related to eligibility and application requirements.
Section 7263b, Pub. L. 89–10, title V, § 5513, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1844,
related to uses of funds.
A prior section 7264, Pub. L. 89–10, title V, § 5404 [5304],
as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3703, which related to application for school dropout assistance, was omitted in the general amendment
of former subchapter V of this chapter by Pub. L.
107–110.
Prior sections 7265 to 7265e were repealed by Pub. L.
114–95, § 5, title IV, § 4001(b)(1)(C), Dec. 10, 2015, 129 Stat.
1806, 1967, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Section 7265, Pub. L. 89–10, title V, § 5521, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1845,
provided that subpart 12 of part D of former subchapter
V of this chapter could be cited as the ‘‘Alaska Native
and Native Hawaiian Education Through Cultural and
Historical Organizations Act’’.
Another prior section 7265, Pub. L. 89–10, title V,
§ 5305, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3704, related to use of grants for dropout prevention activities, prior to the general amendment of
former subchapter V of this chapter by Pub. L. 107–110.

Page 1530

Section 7265a, Pub. L. 89–10, title V, § 5522, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1845;
amended Pub. L. 109–149, title III, § 306(1), Dec. 30, 2005,
119 Stat. 2870, related to findings and purposes.
Section 7265b, Pub. L. 89–10, title V, § 5523, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1846;
amended Pub. L. 109–149, title III, § 306(2), Dec. 30, 2005,
119 Stat. 2870, related to program authorization.
Section 7265c, Pub. L. 89–10, title V, § 5524, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1847,
related to administrative provisions.
Section 7265d, Pub. L. 89–10, title V, § 5525, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1847;
amended Pub. L. 109–149, title III, § 306(3), Dec. 30, 2005,
119 Stat. 2870, related to availability of funds.
Section 7265e, Pub. L. 89–10, title V, § 5526, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1848,
defined terms.
A prior section 7266, Pub. L. 89–10, title V, § 5306, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3706, which related to distribution of assistance and
limitation on costs, was omitted in the general amendment of former subchapter V of this chapter by Pub. L.
107–110.
Prior sections 7267 to 7267f were repealed by Pub. L.
114–95, § 5, title IV, § 4001(b)(1)(C), Dec. 10, 2015, 129 Stat.
1806, 1967, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Section 7267, Pub. L. 89–10, title V, § 5531, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1848,
provided that subpart 13 of part D of former subchapter
V of this chapter could be cited as the ‘‘Excellence in
Economic Education Act of 2001’’.
Another prior section 7267, Pub. L. 89–10, title V,
§ 5307, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3706, related to reports, prior to the general
amendment of former subchapter V of this chapter by
Pub. L. 107–110.
Section 7267a, Pub. L. 89–10, title V, § 5532, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1848,
related to purpose and goals.
Section 7267b, Pub. L. 89–10, title V, § 5533, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1848,
authorized a grant program.
Section 7267c, Pub. L. 89–10, title V, § 5534, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1849,
related to grant applications.
Section 7267d, Pub. L. 89–10, title V, § 5535, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1850,
related to requirements for grantees and subgrant recipients.
Section 7267e, Pub. L. 89–10, title V, § 5536, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1850,
related to administrative provisions.
Section 7267f, Pub. L. 89–10, title V, § 5537, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1851,
provided that funds were to supplement, not supplant,
any other Federal, State, or local funds.
A prior section 7268, Pub. L. 89–10, title V, § 5308, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3706, which authorized appropriations for school dropout assistance, was omitted in the general amendment
of former subchapter V of this chapter by Pub. L.
107–110.
Prior sections 7269 and 7269a were repealed by Pub. L.
114–95, § 5, title IV, § 4001(b)(1)(C), Dec. 10, 2015, 129 Stat.
1806, 1967, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Section 7269, Pub. L. 89–10, title V, § 5541, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1851,
authorized grants for the integration of schools and
mental health systems.
Section 7269a, Pub. L. 89–10, title V, § 5542, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1853,
related to promotion of school readiness through early
childhood emotional and social development.

Page 1531

TITLE 20—EDUCATION

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.
SUBPART 2—COMMUNITY SUPPORT FOR SCHOOL
SUCCESS

§ 7271. Purposes
The purposes of this subpart are to—
(1) significantly improve the academic and
developmental outcomes of children living in
the most distressed communities of the United
States, including ensuring school readiness,
high school graduation, and access to a community-based continuum of high-quality services; and
(2) provide support for the planning, implementation, and operation of full-service community schools that improve the coordination
and integration, accessibility, and effectiveness of services for children and families, particularly for children attending high-poverty
schools, including high-poverty rural schools.
(Pub. L. 89–10, title IV, § 4621, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2023.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7271, Pub. L. 89–10, title V, § 5551, as
added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat.
1855, related to assistance for arts education, prior to
repeal by Pub. L. 114–95, § 5, title IV, § 4001(b)(1)(C), Dec.
10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs
and competitive programs.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7272. Definitions
In this subpart:
(1) Eligible entity
The term ‘‘eligible entity’’ means the following:
(A) With respect to a grant for activities
described in section 7273(a)(1)(A) of this
title—
(i) an institution of higher education, as
defined in section 1002 of this title;
(ii) an Indian tribe or tribal organization, as defined in section 5304 of title 25;
or
(iii) one or more nonprofit entities working in formal partnership with not less
than 1 of the following entities:
(I) A high-need local educational agency.
(II) An institution of higher education,
as defined in section 1002 of this title.

§ 7272

(III) The office of a chief elected official of a unit of local government.
(IV) An Indian tribe or tribal organization, as defined under section 5304 of
title 25.
(B) With respect to a grant for activities
described in section 7273(a)(1)(B) of this title,
a consortium of—
(i)(I) 1 or more local educational agencies; or
(II) the Bureau of Indian Education; and
(ii) 1 or more community-based organizations, nonprofit organizations, or other
public or private entities.
(2) Full-service community school
The term ‘‘full-service community school’’
means a public elementary school or secondary school that—
(A) participates in a community-based effort to coordinate and integrate educational,
developmental, family, health, and other
comprehensive services through communitybased organizations and public and private
partnerships; and
(B) provides access to such services in
school to students, families, and the community, such as access during the school year
(including before- and after-school hours and
weekends), as well as during the summer.
(3) Pipeline services
The term ‘‘pipeline services’’ means a continuum of coordinated supports, services, and
opportunities for children from birth through
entry into and success in postsecondary education, and career attainment. Such services
shall include, at a minimum, strategies to address through services or programs (including
integrated student supports) the following:
(A) High-quality early childhood education
programs.
(B) High-quality school and out-of-schooltime programs and strategies.
(C) Support for a child’s transition to elementary school, from elementary school to
middle school, from middle school to high
school, and from high school into and
through postsecondary education and into
the workforce, including any comprehensive
readiness assessment determined necessary.
(D) Family and community engagement
and supports, which may include engaging or
supporting families at school or at home.
(E) Activities that support postsecondary
and workforce readiness, which may include
job training, internship opportunities, and
career counseling.
(F) Community-based support for students
who have attended the schools in the area
served by the pipeline, or students who are
members of the community, facilitating
their continued connection to the community and success in postsecondary education
and the workforce.
(G) Social, health, nutrition, and mental
health services and supports.
(H) Juvenile crime prevention and rehabilitation programs.
(Pub. L. 89–10, title IV, § 4622, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2023.)

TITLE 20—EDUCATION

§ 7273

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7273. Program authorized
(a) Program authorized
(1) In general
The Secretary shall use not less than 95 percent of the amounts made available under section 7251(b)(2)(B) of this title to award grants,
on a competitive basis and subject to subsection (e), to eligible entities for the following activities:
(A) Promise neighborhoods
The implementation of a comprehensive,
effective continuum of coordinated services
that meets the purpose described in section
7271(1) of this title by carrying out activities
in neighborhoods with—
(i) high concentrations of low-income individuals;
(ii) multiple signs of distress, which may
include high rates of poverty, childhood
obesity, academic failure, and juvenile delinquency, adjudication, or incarceration;
and
(iii) schools implementing comprehensive support and improvement activities or
targeted support and improvement activities under section 6311(d) of this title.
(B) Full-service community schools
The provision of assistance to public elementary schools or secondary schools to
function as full-service community schools.
(2) Sufficient size and scope
Each grant awarded under this subpart shall
be of sufficient size and scope to allow the eligible entity to carry out the applicable purposes of this subpart.
(b) Duration
A grant awarded under this subpart shall be
for a period of not more than 5 years, and may
be extended for an additional period of not more
than 2 years.
(c) Continued funding
Continued funding of a grant under this subpart, including a grant extended under subsection (b), after the third year of the initial
grant period shall be contingent on the eligible
entity’s progress toward meeting—
(1) with respect to a grant for activities described in section 7274 of this title, the performance metrics described in section 7274(h)
of this title; and
(2) with respect to a grant for activities described in section 7275 of this title, annual performance objectives and outcomes under section 7275(a)(4)(C) of this title.
(d) Matching requirements
(1) Promise neighborhood activities
(A) Matching funds
Each eligible entity receiving a grant
under this subpart for activities described in

Page 1532

section 7274 of this title shall contribute
matching funds in an amount equal to not
less than 100 percent of the amount of the
grant. Such matching funds shall come from
Federal, State, local, and private sources.
(B) Private sources
The Secretary shall require that a portion
of the matching funds come from private
sources, which may include in-kind contributions.
(C) Adjustment
The Secretary may adjust the matching
funds requirement under this paragraph for
applicants that demonstrate high need, including applicants from rural areas and applicants that wish to provide services on
tribal lands.
(D) Financial hardship waiver
The Secretary may waive or reduce, on a
case-by-case basis, the matching requirement under this paragraph, including the requirement for funds from private sources,
for a period of 1 year at a time, if the eligible entity demonstrates significant financial
hardship.
(2) Full-service community schools activities
(A) In general
Each eligible entity receiving a grant
under this subpart for activities described in
section 7275 of this title shall provide matching funds from non-Federal sources, which
may be provided in part with in-kind contributions.
(B) Special rule
The Bureau of Indian Education may meet
the requirement of subparagraph (A) using
funds from other Federal sources.
(3) Special rules
(A) In general
The Secretary may not require any eligible entity receiving a grant under this subpart to provide matching funds in an amount
that exceeds the amount of the grant award.
(B) Consideration
Notwithstanding this subsection, the Secretary shall not consider the ability of an eligible entity to match funds when determining which applicants will receive grants
under this subpart.
(e) Reservation for rural areas
(1) In general
From the amounts allocated under subsection (a) for grants to eligible entities, the
Secretary shall use not less than 15 percent of
such amounts to award grants to eligible entities that propose to carry out the activities
described in such subsection in rural areas.
(2) Exception
The Secretary shall reduce the amount described in paragraph (1) if the Secretary does
not receive a sufficient number of applications
of sufficient quality.
(f) Minimum number of grants
For each fiscal year, the Secretary shall award
under this subpart not fewer than 3 grants for

Page 1533

TITLE 20—EDUCATION

activities described in section 7274 of this title
and not fewer than 10 grants for activities described in section 7275 of this title, subject to
the availability of appropriations, the requirements of subsection (a)(2), and the number and
quality of applications.
(Pub. L. 89–10, title IV, § 4623, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2024.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 7273 to 7273e were repealed by Pub. L.
114–95, § 5, title IV, § 4001(b)(1)(C), Dec. 10, 2015, 129 Stat.
1806, 1967, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Section 7273, Pub. L. 89–10, title V, § 5561, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1856,
related to purposes.
Section 7273a, Pub. L. 89–10, title V, § 5562, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1857,
authorized grants.
Section 7273b, Pub. L. 89–10, title V, § 5563, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1857;
amended Pub. L. 108–446, title III, § 305(g)(3), Dec. 3, 2004,
118 Stat. 2805, related to applications.
Section 7273c, Pub. L. 89–10, title V, § 5564, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1858,
related to uses of funds.
Section 7273d, Pub. L. 89–10, title V, § 5565, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1859,
related to administrative provisions.
Section 7273e, Pub. L. 89–10, title V, § 5566, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1861,
related to local family information centers.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7274. Promise neighborhoods
(a) Application requirements
An eligible entity desiring a grant under this
subpart for activities described in this section
shall submit an application to the Secretary at
such time and in such manner as the Secretary
may require, including, at a minimum, all of the
following:
(1) A plan to significantly improve the academic outcomes of children living in a neighborhood that is served by the eligible entity—
(A) by providing pipeline services that address the needs of children in the neighborhood, as identified by the needs analysis described in paragraph (4); and
(B) that is supported by effective practices.
(2) A description of the neighborhood that
the eligible entity will serve.
(3) Measurable annual objectives and outcomes for the grant, in accordance with the
metrics described in subsection (h), for each
year of the grant.
(4) An analysis of the needs and assets of the
neighborhood identified in paragraph (1), including—

§ 7274

(A) the size and scope of the population affected;
(B) a description of the process through
which the needs analysis was produced, including a description of how parents, families, and community members were engaged
in such analysis;
(C) an analysis of community assets and
collaborative efforts (including programs already provided from Federal and non-Federal sources) within, or accessible to, the
neighborhood, including, at a minimum,
early learning opportunities, family and student supports, local businesses, local educational agencies, and institutions of higher
education;
(D) the steps that the eligible entity is
taking, at the time of the application, to address the needs identified in the needs analysis; and
(E) any barriers the eligible entity, public
agencies, and other community-based organizations have faced in meeting such needs.
(5) A description of—
(A) all information that the entity used to
identify the pipeline services to be provided,
which shall not include information that is
more than 3 years old; and
(B) how the eligible entity will—
(i) collect data on children served by
each pipeline service; and
(ii) increase the percentage of children
served over time.
(6) A description of the process used to develop the application, including the involvement of family and community members.
(7) A description of how the pipeline services
will facilitate the coordination of the following activities:
(A) Providing early learning opportunities
for children, including by—
(i) providing opportunities for families
to acquire the skills to promote early
learning and child development; and
(ii) ensuring appropriate diagnostic assessments and referrals for children with
disabilities and children aged 3 through 9
experiencing developmental delays, consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.),
where applicable.
(B) Supporting, enhancing, operating, or
expanding rigorous, comprehensive, effective
educational improvements, which may include high-quality academic programs, expanded learning time, and programs and activities to prepare students for postsecondary education admissions and success.
(C) Supporting partnerships between
schools and other community resources with
an integrated focus on academics and other
social, health, and familial supports.
(D) Providing social, health, nutrition, and
mental health services and supports, for
children, family members, and community
members, which may include services provided within the school building.
(E) Supporting evidence-based programs
that assist students through school transitions, which may include expanding access

§ 7274

TITLE 20—EDUCATION

to postsecondary education courses and
postsecondary education enrollment aid or
guidance, and other supports for at-risk
youth.
(8) A description of the strategies that will
be used to provide pipeline services (including
a description of which programs and services
will be provided to children, family members,
community members, and children within the
neighborhood) to support the purpose described in section 7271(1) of this title.
(9) An explanation of the process the eligible
entity will use to establish and maintain family and community engagement, including—
(A) involving representative participation
by the members of such neighborhood in the
planning and implementation of the activities of each grant awarded under this subpart for activities described in this section;
(B) the provision of strategies and practices to assist family and community members in actively supporting student achievement and child development;
(C) providing services for students, families, and communities within the school
building; and
(D) collaboration with institutions of higher education, workforce development centers, and employers to align expectations
and programming with postsecondary education and workforce readiness,
(10) An explanation of how the eligible entity will continuously evaluate and improve the
continuum of high-quality pipeline services to
provide for continuous program improvement
and potential expansion.
(b) Priority
In awarding grants for activities described in
this section, the Secretary shall give priority to
eligible entities that will use funds under subsection (d) for evidence-based activities, which,
for purposes of this subsection, is defined as activities meeting the requirements of section
7801(21)(A)(i) of this title.
(c) Memorandum of understanding
As eligible entity shall, as part of the application described in subsection (a), submit a preliminary memorandum of understanding, signed
by each partner entity or agency described in
section 7272(1)(A)(3) of this title (if applicable)
and detailing each partner’s financial, programmatic, and long-term commitment with respect to the strategies described in the application.
(d) Uses of funds
Each eligible entity that receives a grant
under this subpart to carry out a program of activities described in this section shall use the
grant funds to—
(1) support planning activities to develop
and implement pipeline services;
(2) implement the pipeline services; and
(3) continuously evaluate the success of the
program and improve the program based on
data and outcomes.
(e) Special rules
(1) Funds for pipeline services
Each eligible entity that receives a grant
under this subpart for activities described in

Page 1534

this section shall, for the first year of the
grant, use not less than 50 percent of the grant
funds, and, for the second year of the grant,
use not less than 25 percent of the grant funds,
to carry out the activities described in subsection (d)(1).
(2) Operational flexibility
Each eligible entity that operates a school
in a neighborhood served by a grant program
under this subpart for activities described in
this section shall provide such school with the
operational flexibility, including autonomy
over staff, time, and budget, needed to effectively carry out the activities described in the
application under subsection (a).
(3) Limitation on use of funds for early childhood education programs
Funds provided under this subpart for activities described in this section that are used to
improve early childhood education programs
shall not be used to carry out any of the following activities:
(A) Assessments that provide rewards or
sanctions for individual children or teachers.
(B) A single assessment that is used as the
primary or sole method for assessing program effectiveness.
(C) Evaluating children, other than for the
purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or
program improvement.
(f) Report
Each eligible entity that receives a grant
under this subpart for activities described in
this section shall prepare and submit an annual
report to the Secretary, which shall include—
(1) information about the number and percentage of children in the neighborhood who
are served by the grant program, including a
description of the number and percentage of
children accessing each support or service offered as part of the pipeline services; and
(2) information relating to the performance
metrics described in subsection (h).
(g) Publicly available data
Each eligible entity that receives a grant
under this subpart for activities described in
this section shall make publicly available, including through electronic means, the information described in subsection (f). To the extent
practicable, such information shall be provided
in a form and language accessible to parents and
families in the neighborhood served under the
grant, and such information shall be a part of
statewide longitudinal data systems.
(h) Performance indicators
(1) In general
The Secretary shall establish performance
indicators under paragraph (2) and corresponding metrics to be used for the purpose
of reporting under paragraph (3) and program
evaluation under subsection (i).
(2) Indicators
The performance indicators established by
the Secretary under paragraph (1) shall be indicators of improved academic and develop-

Page 1535

TITLE 20—EDUCATION

mental outcomes for children, including indicators of school readiness, high school graduation, postsecondary education and career readiness, and other academic and developmental
outcomes, to promote—
(A) data-driven decision-making by eligible entities receiving funds under this subpart; and
(B) access to a community-based continuum of high-quality services for children
living in the most distressed communities of
the United States, beginning at birth.
(3) Reporting
Each eligible entity that receives a grant
under this subpart for activities described in
this section shall annually collect and report
to the Secretary data on the performance indicators described in paragraph (2) for use by the
Secretary in making a determination concerning continuation funding and grant extension under section 7273(b) of this title for each
eligible entity.
(i) Evaluation
The Secretary shall reserve not more than 5
percent of the funds made available under section 7251(b)(2)(A) of this title to provide technical assistance and evaluate the implementation and impact of the activities funded under
this section, in accordance with section 7981 of
this title.
(Pub. L. 89–10, title IV, § 4624, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2026.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in subsec. (a)(7)(A)(ii), is title VI of Pub. L.
91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For
complete classification of this Act to the Code, see section 1400 of this title and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7275. Full-service community schools
(a) Application
An eligible entity that desires a grant under
this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the
Secretary may require. The Secretary shall require that each such application include the following:
(1) A description of the eligible entity.
(2) A memorandum of understanding among
all partner entities in the eligible entity that
will assist the eligible entity to coordinate
and provide pipeline services and that describes the roles the partner entities will assume.
(3) A description of the capacity of the eligible entity to coordinate and provide pipeline

§ 7275

services at 2 or more full-service community
schools.
(4) A comprehensive plan that includes descriptions of the following:
(A) The student, family, and school community to be served, including demographic
information.
(B) A needs assessment that identifies the
academic, physical, nonacademic, health,
mental health, and other needs of students,
families, and community residents.
(C) Annual measurable performance objectives and outcomes, including an increase in
the number and percentage of families and
students targeted for services each year of
the program, in order to ensure that children are—
(i) prepared for kindergarten;
(ii) achieving academically; and
(iii) safe, healthy, and supported by engaged parents.
(D) Pipeline services, including existing
and additional pipeline services, to be coordinated and provided by the eligible entity
and its partner entities, including an explanation of—
(i) why such services have been selected;
(ii) how such services will improve student academic achievement; and
(iii) how such services will address the
annual measurable performance objectives
and outcomes established under subparagraph (C).
(E) Plans to ensure that each full-service
community school site has a full-time coordinator of pipeline services at such school,
including a description of the applicable
funding sources, plans for professional development for the personnel managing, coordinating, or delivering pipeline services, and
plans for joint utilization and management
of school facilities.
(F) Plans for annual evaluation based upon
attainment of the performance objectives
and outcomes described in subparagraph (C).
(G) Plans for sustaining the programs and
services described in this subsection after
the grant period.
(5) An assurance that the eligible entity and
its partner entities will focus services on
schools eligible for a schoolwide program
under section 6314(b) of this title.
(b) Priority
In awarding grants under this subpart for activities described in this section, the Secretary
shall give priority to eligible entities that—
(1)(A) will serve a minimum of 2 or more
full-service community schools eligible for a
schoolwide program under section 6314(b) of
this title, as part of a community- or districtwide strategy; or
(B) include a local educational agency that
satisfies the requirements of—
(i) subparagraph (A), (B), or (C) of section
7345(b)(1) of this title; or
(ii) subparagraphs (A) and (B) of section
7351(b)(1) of this title;
(2) are consortiums comprised of a broad representation of stakeholders or consortiums
demonstrating a history of effectiveness; and

§ 7275

TITLE 20—EDUCATION

(3) will use funds for evidence-based activities described in subsection (e), defined for
purposes of this paragraph as activities meeting the requirements of section 7801(21)(A)(i) of
this title.
(c) Planning
The Secretary may authorize an eligible entity receiving a grant under this subpart for activities described in this section to use not more
than 10 percent of the total amount of grant
funds for planning purposes during the first year
of the grant.
(d) Minimum amount
The Secretary may not award a grant under
this subpart for activities described in this section to an eligible entity in an amount that is
less than $75,000 for each year of the grant period, subject to the availability of appropriations.
(e) Use of funds
Grants awarded under this subpart for activities described in this section shall be used to—
(1) coordinate not less than 3 existing pipeline services, as of the date of the grant award,
and provide not less than 2 additional pipeline
services, at 2 or more public elementary
schools or secondary schools;
(2) to the extent practicable, integrate multiple pipeline services into a comprehensive,
coordinated continuum to achieve the annual
measurable performance objectives and outcomes under subsection (a)(4)(C) to meet the
holistic needs of children; and
(3) if applicable, coordinate and integrate
services provided by community-based organizations and government agencies with services
provided by specialized instructional support
personnel.
(f) Evaluations by the institute of education
sciences
The Secretary, acting through the Director of
the Institute of Education Sciences, shall conduct evaluations of the effectiveness of grants
under this subpart for activities described in
this section in achieving the purpose described
in section 7271(2) of this title.
(g) Evaluations by grantees
The Secretary shall require each eligible entity receiving a grant under this subpart for activities described in this section to—
(1) conduct annual evaluations of the
progress achieved with the grant toward the
purpose described in section 7271(2) of this
title;
(2) use such evaluations to refine and improve activities carried out through the grant
and the annual measurable performance objectives and outcomes under subsection (a)(4)(C);
and
(3) make the results of such evaluations publicly available, including by providing public
notice of such availability.
(h) Construction clause
Nothing in this section shall be construed to
alter or otherwise affect the rights, remedies,
and procedures afforded school or local educational agency employees under Federal, State,

Page 1536

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.
(i) Supplement, not supplant
Funds made available to an eligible entity
through a grant under this subpart for activities
described in this section may be used only 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 section.
(Pub. L. 89–10, title IV, § 4625, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2029.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 7275, 7277 to 7277e, and 7279 to 7279e
were repealed by Pub. L. 114–95, § 5, title IV,
§ 4001(b)(1)(C), Dec. 10, 2015, 129 Stat. 1806, 1967, effective
Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Section 7275, Pub. L. 89–10, title V, § 5571, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1861,
related to grants to combat the impact of experiencing
or witnessing domestic violence on elementary and secondary school children.
Section 7277, Pub. L. 89–10, title V, § 5581, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1863,
authorized grant program.
Section 7277a, Pub. L. 89–10, title V, § 5582, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1863,
related to State uses of funds.
Section 7277b, Pub. L. 89–10, title V, § 5583, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1864,
related to local uses of funds.
Section 7277c, Pub. L. 89–10, title V, § 5584, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1865,
related to report to Congress.
Section 7277d, Pub. L. 89–10, title V, § 5585, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1865,
related to limitations.
Section 7277e, Pub. L. 89–10, title V, § 5586, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1865,
defined term ‘‘healthy, high-performance school building’’.
Section 7279, Pub. L. 89–10, title V, § 5591, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1865,
authorized grant program.
Section 7279a, Pub. L. 89–10, title V, § 5592, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1865,
related to uses of funds.
Section 7279b, Pub. L. 89–10, title V, § 5593, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1866,
related to allotments to States.
Section 7279c, Pub. L. 89–10, title V, § 5594, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1866,
related to subgrants to local educational agencies.
Section 7279d, Pub. L. 89–10, title V, § 5595, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1866,
defined term ‘‘capital expenses’’.
Section 7279e, Pub. L. 89–10, title V, § 5596, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1866,
terminated authority effective Oct. 1, 2003.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

Page 1537

TITLE 20—EDUCATION

SUBPART 3—NATIONAL ACTIVITIES FOR SCHOOL
SAFETY

§ 7281. National activities for school safety
(a) Program authorized
(1) In general
From the funds reserved under section
7251(b)(1) of this title, the Secretary—
(A) shall use a portion of such funds for
the Project School Emergency Response to
Violence program (in this section referred to
as ‘‘Project SERV’’), in order to provide education-related services to eligible entities;
and
(B) may use a portion of such funds to
carry out other activities to improve students’ safety and well-being, during and
after the school day, under this section directly or through grants, contracts, or cooperative agreements with public or private
entities or individuals, or other Federal
agencies, such as providing technical assistance to States and local educational agencies carrying out activities under this section or conducting a national evaluation.
(2) Availability
Amounts reserved under section 7251(b)(1) of
this title for Project SERV are authorized to
remain available until expended for Project
SERV.
(b) Project SERV
(1) Additional use of funds
Funds made available under subsection (a)
for extended services grants under Project
SERV may be used by an eligible entity to initiate or strengthen violence prevention activities as part of the activities designed to restore the learning environment that was disrupted by the violent or traumatic crisis in response to which the grant was awarded.
(2) Application process
(A) In general
An eligible entity desiring to use a portion
of extended services grant funds under
Project SERV to initiate or strengthen a violence prevention activity shall—
(i) submit, in an application that meets
all requirements of the Secretary for
Project SERV, the information described
in subparagraph (B); or
(ii) in the case of an eligible entity that
has already received an extended services
grant under Project SERV, submit an addition to the original application that includes the information described in subparagraph (B).
(B) Application requirements
An application, or addition to an application, for an extended services grant pursuant
to subparagraph (A) shall include the following:
(i) A demonstration of the need for funds
due to a continued disruption or a substantial risk of disruption to the learning environment.
(ii) An explanation of the proposed activities that are designed to restore and
preserve the learning environment.

§ 7281

(iii) A budget and budget narrative for
the proposed activities.
(3) Award basis
Any award of funds under Project SERV for
violence prevention activities under this section shall be subject to the discretion of the
Secretary and the availability of funds.
(4) Prohibited use
No funds provided to an eligible entity for
violence prevention activities may be used for
construction, renovation, or repair of a facility or for the permanent infrastructure of the
eligible entity.
(c) Definition of eligible entity
In this section, the term ‘‘eligible entity’’
means—
(1) a local educational agency, as defined in
subparagraph (A), (B), or (C) of section 7801(30)
of this title, or institution of higher education
in which the learning environment has been
disrupted due to a violent or traumatic crisis;
or
(2) the Bureau of Indian Education in a case
where the learning environment of a school
operated or funded by the Bureau, including a
school meeting the definition of a local educational agency under section 7801(30)(C) of
this title, has been disrupted due to a violent
or traumatic crisis.
(Pub. L. 89–10, title IV, § 4631, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2032.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 7281 to 7281b and 7283 to 7283g were repealed by Pub. L. 114–95, § 5, title IV, § 4001(b)(1)(C), Dec.
10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs
and competitive programs.
Section 7281, Pub. L. 89–10, title V, § 5601, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1866,
authorized Secretary to provide additional assistance
to meet special circumstances.
Section 7281a, Pub. L. 89–10, title V, § 5602, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1866,
related to eligibility.
Section 7281b, Pub. L. 89–10, title V, § 5603, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1867,
related to maximum amount.
Section 7283, Pub. L. 89–10, title V, § 5611, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1867,
provided that subpart 21 of subpart D of former subchapter V of this chapter could be cited as the ‘‘Women’s Educational Equity Act of 2001’’ and related to
findings.
Section 7283a, Pub. L. 89–10, title V, § 5612, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1868,
related to statement of purpose.
Section 7283b, Pub. L. 89–10, title V, § 5613, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1868;
amended Pub. L. 107–279, title IV, § 404(d)(7), Nov. 5,
2002, 116 Stat. 1986, authorized program.
Section 7283c, Pub. L. 89–10, title V, § 5614, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1871,
related to applications.
Section 7283d, Pub. L. 89–10, title V, § 5615, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1871;
amended Pub. L. 107–279, title IV, § 404(d)(5)(D), (8), Nov.
5, 2002, 116 Stat. 1986, related to criteria and priorities.
Section 7283e, Pub. L. 89–10, title V, § 5616, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1872,
related to report requirement.

TITLE 20—EDUCATION

§ 7291

Section 7283f, Pub. L. 89–10, title V, § 5617, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1872,
related to administration.
Section 7283g, Pub. L. 89–10, title V, § 5618, as added
Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1873,
related to amounts to be used to carry out certain activities.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.
SUBPART 4—ACADEMIC ENRICHMENT

§ 7291. Awards for academic enrichment
(a) Program authorized
From funds reserved under section 7251(b)(2)(C)
of this title, the Secretary shall award grants,
contracts, or cooperative agreements, on a competitive basis, to eligible entities for the purposes of enriching the academic experience of
students by promoting—
(1) arts education for disadvantaged students
and students who are children with disabilities, as described in section 7292 of this title;
(2) school readiness through the development and dissemination of accessible instructional programming for preschool and elementary school children and their families, as described in section 7293 of this title; and
(3) support for high-ability learners and
high-ability learning, as described in section
7294 of this title.
(b) Annual awards
The Secretary shall annually make awards to
fulfill each of the purposes described in paragraphs (1) through (3) of subsection (a).
(Pub. L. 89–10, title IV, § 4641, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2033.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7292. Assistance for arts education
(a) Awards to provide assistance for arts education
(1) In general
Awards made to eligible entities to fulfill
the purpose described in section 7291(a)(1) of
this title, shall be used for a program (to be
known as the ‘‘Assistance for Arts Education
program’’) to promote arts education for students, including disadvantaged students and
students who are children with disabilities,
through activities such as—
(A) professional development for arts educators, teachers, and principals;
(B) development and dissemination of accessible instructional materials and arts-

Page 1538

based educational programming, including
online resources, in multiple arts disciplines; and
(C) community and national outreach activities that strengthen and expand partnerships among schools, local educational agencies, communities, or centers for the arts,
including national centers for the arts.
(b) Conditions
As conditions of receiving assistance made
available under this section, the Secretary shall
require each eligible 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.
(c) Consultation
In carrying out this section, 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).
(d) Priority
In awarding grants under this section, the Secretary shall give priority to eligible entities
that are eligible national nonprofit organizations.
(e) Definitions
In this section:
(1) Eligible entity
The term ‘‘eligible entity’’ means—
(A) a local educational agency in which 20
percent or more of the students served by
the local educational agency are from families with an income below the poverty line;
(B) a consortium of such local educational
agencies;
(C) a State educational agency;
(D) an institution of higher education;
(E) a museum or cultural institution;
(F) the Bureau of Indian Education;
(G) an eligible national nonprofit organization; or
(H) another private agency, institution, or
organization.
(2) Eligible national nonprofit organization
The term ‘‘eligible national nonprofit organization’’ means an organization of national
scope that—
(A) is supported by staff, which may include volunteers, or affiliates at the State
and local levels; and
(B) demonstrates effectiveness or highquality plans for addressing arts education
activities for disadvantaged students or students who are children with disabilities.
(Pub. L. 89–10, title IV, § 4642, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2033.)

Page 1539

TITLE 20—EDUCATION

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7293. Ready to learn programming
(a) Awards to promote school readiness through
ready to learn programming
(1) In general
Awards made to eligible entities described in
paragraph (3) to fulfill the purpose described
in section 7291(a)(2) of this title shall—
(A) be known as ‘‘Ready to Learn Programming awards’’; and
(B) be used to—
(i) develop, produce, and distribute accessible educational and instructional
video programming for preschool and elementary school children and their parents
in order to facilitate student academic
achievement;
(ii) facilitate the development, directly
or through contracts with producers of
children’s 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;
(iii) facilitate the development of programming and digital content containing
Ready-to-Learn programming and resources for parents and caregivers that is
specially designed for nationwide distribution over public television stations’ digital
broadcasting channels and the Internet;
(iv) contract with entities (such as public telecommunications entities) so that
programming developed under this section
is 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
(v) develop and disseminate education
and training materials, including interactive programs and programs adaptable
to distance learning technologies, that are
designed—
(I) to promote school readiness; and
(II) to promote the effective use of materials developed under clauses (ii) and
(iii) among parents, family members,
teachers, principals and other school
leaders, Head Start providers, providers
of family literacy services, child care
providers, early childhood educators, elementary school teachers, public libraries, and after-school program personnel
caring for preschool and elementary
school children.
(2) Availability
In awarding or entering into grants, contracts, or cooperative agreements under this
section, the Secretary shall ensure that eligi-

§ 7293

ble entities described in paragraph (3) make
programming widely available, with support
materials as appropriate, to young children,
parents, child care workers, Head 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 agreement 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 use of high-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 State training activities funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) [42 U.S.C. 9857 et seq.], regarding
the availability and utilization of materials
developed under paragraph (1)(B)(v) to enhance parent and child care provider skills
in early childhood development and education.
(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 and in such manner as the
Secretary may reasonably require. The application shall include—
(1) a description of the activities to be carried out under this section;
(2) a list of the types of entities with which
such entity will enter into contracts under
subsection (a)(1)(B)(iv);

§ 7294

TITLE 20—EDUCATION

(3) a description of the activities the entity
will undertake widely to disseminate the content developed under this section; and
(4) a description of how the entity will comply with subsection (a)(2).
(c) Reports and evaluations
(1) Annual report to Secretary
An entity receiving a grant, contract, or cooperative agreement under this section shall
prepare and submit to the Secretary an annual
report. 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 programming.
(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 Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee
on Education and the Workforce of the House
of Representatives 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)(B)(v), 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) Funding rule
Not less than 60 percent of the amount used by
the Secretary to carry out this section for each
fiscal year shall be used to carry out activities
under clauses (ii) through (iv) of subsection
(a)(1)(B).
(Pub. L. 89–10, title IV, § 4643, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2034.)

Page 1540
Editorial Notes
REFERENCES IN TEXT

The Head Start Act, referred to in subsec. (a)(4)(B), is
subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of
title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499,
which is classified generally to subchapter II (§ 9831 et
seq.) of chapter 105 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 9801 of
Title 42 and Tables.
The Child Care and Development Block Grant Act of
1990, referred to in subsec. (a)(4)(B), is subchapter C
(§ 658A et seq.) of chapter 8 of subtitle A of title VI of
Pub. L. 97–35, as added by Pub. L. 101–508, title V,
§ 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to subchapter II–B (§ 9857 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see section 9857(a) of Title 42 and Tables.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7294. Supporting
learning

high-ability

learners

and

(a) Purpose
The purpose of this section is to promote and
initiate a coordinated program, to be known as
the ‘‘Jacob K. Javits Gifted and Talented Students Education Program’’, of evidence-based research, demonstration projects, innovative
strategies, and similar activities designed to
build and enhance the ability of elementary
schools and secondary schools nationwide to
identify gifted and talented students and meet
their special educational needs.
(b) Program authorized
(1) In general
The Secretary (after consultation with experts in the field of the education of gifted and
talented students) shall make awards to, or
enter into contracts with, State educational
agencies, local educational agencies, the Bureau of Indian Education, institutions of higher education, other public agencies, and other
private agencies and organizations to assist
such agencies, institutions, or organizations,
or the Bureau, in carrying out programs or
projects to fulfill the purpose described in section 7291(a)(3) of this title, including the training of personnel in the identification and 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
section shall submit an application to the Sec-

Page 1541

TITLE 20—EDUCATION

retary at such time and in such manner as the
Secretary may reasonably require. Each application shall describe how—
(A) the proposed identification methods, as
well as 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.
(c) Uses of funds
Programs and projects assisted under this section may include any of the following:
(1) Conducting evidence-based research on
methods and techniques for identifying and
teaching gifted and talented students and for
using gifted and talented programs and methods to identify and provide the opportunity for
all students to be served, particularly low-income and at-risk students.
(2) Establishing and operating programs and
projects for identifying and serving gifted and
talented students, including innovative methods and strategies (such as summer programs,
mentoring programs, peer tutoring programs,
service learning programs, and cooperative
learning programs involving business, industry and education) for identifying and educating students who may not be served by traditional gifted and talented programs.
(3) Providing technical assistance and disseminating information, which may include
how gifted and talented programs and methods
may be adapted for use by all students, particularly low-income and at-risk students.
(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 (c).
(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.
(e) Coordination
Evidence-based activities supported under this
section—
(1) shall be carried out in consultation with
the Institute of Education Sciences to ensure
that such activities are coordinated with and
enhance the research and development activities supported by the Institute; and
(2) may include collaborative evidence-based
activities that are jointly funded and carried
out with such Institute.

§ 7294

(f) General priority
In carrying out this section, the Secretary
shall give highest priority to programs and
projects designed to—
(1) develop new information that—
(A) improves the capability of schools to
plan, conduct, and improve programs to
identify and serve gifted and talented students; or
(B) assists schools in the identification of,
and provision of services to, gifted and talented students (including economically disadvantaged individuals, individuals who are
English learners, and children with disabilities) who may not be identified and served
through traditional assessment methods; or
(2) implement evidence-based activities, defined in this paragraph as activities meeting
the requirements of section 7801(21)(A)(i) of
this title.
(g) Participation of private school children and
teachers
In making grants and entering into contracts
under this section, 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.
(h) Review, dissemination, and evaluation
The Secretary shall—
(1) use a peer-review process in reviewing applications under this section;
(2) ensure that information on the activities
and results of programs and projects funded
under this section is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations, including private nonprofit organizations; and
(3) evaluate the effectiveness of programs
under this section in accordance with section
7981 of this title, 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
December 10, 2015.
(i) Program operations
The Secretary shall ensure that the programs
under this section 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 section;
(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 Director of the Institute of
Education Sciences in identifying research
priorities that reflect the needs of gifted and
talented students; and

TITLE 20—EDUCATION

§ 7305

(4) disseminate, and consult on, the information developed under this section with other
offices within the Department.
(Pub. L. 89–10, title IV, § 4644, as added Pub. L.
114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat.
2037.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 7301 to 7301b were repealed by Pub. L.
114–95, § 5, title V, § 5001(b)(1), Dec. 10, 2015, 129 Stat.
1806, 2040, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Section 7301, Pub. L. 89–10, title V, § 6111, formerly
title VI, § 6111, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1873; renumbered title V, § 6111,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to grants for State assessments and related activities.
A prior section 7301, Pub. L. 89–10, title VI, § 6001, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3707, set forth findings and purpose, prior to the general
amendment of former subchapter VI of this chapter by
Pub. L. 107–110.
Section 7301a, Pub. L. 89–10, title V, § 6112, formerly
title VI, § 6112, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1874; renumbered title V, § 6112,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to grants for enhanced assessment instruments.
Section 7301b, Pub. L. 89–10, title V, § 6113, formerly
title VI, § 6113, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1875; renumbered title V, § 6113,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to funding.
Prior sections 7302 and 7303 were omitted in the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.
Section 7302, Pub. L. 89–10, title VI, § 6002, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3707,
related to authorization of appropriations and duration
of assistance.
Section 7303, Pub. L. 89–10, title VI, § 6003, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3707,
defined ‘‘effective schools programs’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

SUBCHAPTER V—FLEXIBILITY AND
ACCOUNTABILITY
Editorial Notes
CODIFICATION
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, redesignated subchapter VI (§ 7301 et seq.) of this
chapter as this subchapter.
Title V 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, and subsequently revised, restated, and amended by
other public laws. Title V is shown, herein, as having
been added as title VI of Pub. L. 89–10 by Pub. L.
107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1873, without reference to earlier amendments because of the extensive revision of the title’s provisions by Pub. L.
107–110. Title VI of Pub. L. 89–10 was subsequently redesignated title V by Pub. L. 114–95, title V, § 5001(a),

Page 1542

Dec. 10, 2015, 129 Stat. 2039, and transferred to this subchapter. See Codification note preceding section 6301 of
this title.
PRIOR PROVISIONS
A prior title V of the Elementary and Secondary Education Act of 1965, comprising former subchapter V
(§ 7201 et seq.) of this chapter, was originally enacted as
part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and subsequently revised, restated, and amended by other public laws. Title V as extensively revised by Pub. L.
107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1776, related
to promoting informed parental choice and innovative
programs, and was set out in former subchapter V of
this chapter as having been added by Pub. L. 107–110.
Except as provided below, title V of the Act was repealed by Pub. L. 114–95, title IV, § 4001(b)(1)(A)–(C), (4),
Dec. 10, 2015, 129 Stat. 1967.
A prior part B of title V of the Elementary and Secondary Education Act of 1965, comprising part B (§ 7221
et seq.) of former subchapter V of this chapter, was redesignated part C of title IV of the Act and transferred
to part C (§ 7221 et seq.) of subchapter IV of this chapter
by Pub. L. 114–95, title IV, § 4001(b)(2)(A)–(C), Dec. 10,
2015, 129 Stat. 1967.
A prior part C of title V of the Elementary and Secondary Education Act of 1965, comprising part C (§ 7231
et seq.) of former subchapter V of this chapter, was redesignated part D of title IV of the Act and transferred
to part D (§ 7231 et seq.) of subchapter IV of this chapter
by Pub. L. 114–95, § 4001(b)(3)(A)–(C), Dec. 10, 2015, 129
Stat. 1967.

PART A—FUNDING TRANSFERABILITY FOR STATE
AND LOCAL EDUCATIONAL AGENCIES
Editorial Notes
CODIFICATION
Pub. L. 114–95, title V, § 5002(1), (2), Dec. 10, 2015, 129
Stat. 2040, substituted ‘‘Funding Transferability for
State and Local Educational Agencies’’ for ‘‘Improving
Academic Achievement’’ in part heading and struck
out subpart 2 designation and heading.
PRIOR PROVISIONS
Prior subparts 1, 3, and 4 of this part, consisting of
sections 7301 to 7301b, 7311 to 7311b, 7315 to 7315c, 7321 to
7321e, and 7325 to 7325c, related to accountability, State
and local flexibility demonstration, and State accountability for adequate yearly progress, prior to repeal by
Pub. L. 114–95, title V, § 5001(b)(1), Dec. 10, 2015, 129 Stat.
2040.

§ 7305. Short title
This part may be cited as the ‘‘State and
Local Transferability Act’’.
(Pub. L. 89–10, title V, § 5101, formerly title VI,
§ 6121, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1876; renumbered title V,
§ 5101, and amended Pub. L. 114–95, title V,
§§ 5001(a)(1), 5002(3), Dec. 10, 2015, 129 Stat. 2039,
2040.)
Editorial Notes
PRIOR PROVISIONS
A prior section 5101 of Pub. L. 89–10 was classified to
section 7201 of this title prior to repeal by Pub. L.
114–95.
Another prior section 5101 of Pub. L. 89–10 was classified to section 7201 of this title, prior to the general
amendment of former subchapter V of this chapter by
Pub. L. 107–110.
Another prior section 5101 of Pub. L. 89–10 was classified to section 3171 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.

Page 1543

TITLE 20—EDUCATION
AMENDMENTS

2015—Pub. L. 114–95, § 5002(3), substituted ‘‘part’’ for
‘‘subpart’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7305a. Purpose
The purpose of this part is to allow States and
local educational agencies the flexibility to target Federal funds to the programs and activities
that most effectively address the unique needs
of States and localities.
(Pub. L. 89–10, title V, § 5102, formerly title VI,
§ 6122, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1876; renumbered title V,
§ 5102, and amended Pub. L. 114–95, title V,
§§ 5001(a)(1), 5002(4), Dec. 10, 2015, 129 Stat. 2039,
2040.)
Editorial Notes
PRIOR PROVISIONS
A prior section 5102 of Pub. L. 89–10 was classified to
section 7202 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L.
107–110.
Another prior section 5102 of Pub. L. 89–10 was classified to section 3172 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Pub. L. 114–95, § 5002(4), amended section generally. Prior to amendment, text read as follows: ‘‘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 subchapter I of this chapter.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7305b. Transferability of funds
(a) Transfers by States
(1) In general
In accordance with this part, a State may
transfer all, or any lesser amount, of 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) Part A of subchapter II.
(B) Part A of subchapter IV.
(C) Section 7172(c)(3) of this title.

§ 7305b

(2) Additional funds
In accordance with this part, a State may
transfer any funds allotted to the State under
a provision listed in paragraph (1) for a fiscal
year to its allotment under any other of the
following provisions:
(A) Part A of subchapter I.
(B) Part C of subchapter I.
(C) Part D of subchapter I.
(D) Part A of subchapter III.
(E) Part B.
(b) Transfers by local educational agencies
(1) Authority to transfer funds
(A) In general
In accordance with this part, a local educational agency may transfer all, or any
lesser amount, of the funds allocated to it
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) Additional funds
In accordance with this part, a local educational agency may transfer any funds allotted to such agency under a provision listed in paragraph (2) for a fiscal year to its allotment under any other of the following
provisions:
(i) Part A of subchapter I.
(ii) Part C of subchapter I.
(iii) Part D of subchapter I.
(iv) Part A of subchapter III.
(v) Part B.
(2) Applicable provisions
A local educational agency may transfer
funds under subparagraph (A) or (B) of paragraph (1) from allocations made under each of
the following provisions:
(A) Part A of subchapter II.
(B) Part A of subchapter IV.
(c) No transfer of certain funding
A State or local educational agency may not
transfer under this part to any other program
any funds allotted or allocated to it for the following provisions:
(1) Part A of subchapter I.
(2) Part C of subchapter I.
(3) Part D of subchapter I.
(4) Part A of subchapter III.
(5) Part B.
(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—

TITLE 20—EDUCATION

§ 7305b

(A) modify, to account for such transfer,
each local plan, or application submitted by
the agency, 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 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 part,
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 7881 of this title, if such
transfer transfers funds from a program that
provides for the participation of students,
teachers, or other educational personnel, from
private schools.
(Pub. L. 89–10, title V, § 5103, formerly title VI,
§ 6123, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1876; renumbered title V,
§ 5103, and amended Pub. L. 114–95, title V,
§§ 5001(a)(1), 5002(3), (5), Dec. 10, 2015, 129 Stat.
2039, 2040.)
Editorial Notes
PRIOR PROVISIONS
A prior section 5103 of Pub. L. 89–10 was classified to
section 7203 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L.
107–110.
Another prior section 5103 of Pub. L. 89–10 was classified to section 3173 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
Prior sections 7311 to 7311b, 7315 to 7315c, 7321 to 7321e,
and 7325 to 7325c were repealed by Pub. L. 114–95, § 5,
title V, § 5001(b)(1), Dec. 10, 2015, 129 Stat. 1806, 2040, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Section 7311, Pub. L. 89–10, title V, § 6131, formerly
title VI, § 6131, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1878; renumbered title V, § 6131,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, provided that former subpart 3 of this part could
be cited as the ‘‘State and Local Flexibility Demonstration Act’’.
A prior section 7311, Pub. L. 89–10, title VI, § 6101, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3708, related to allotment to States, prior to the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.
Section 7311a, Pub. L. 89–10, title V, § 6132, formerly
title VI, § 6132, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1878; renumbered title V, § 6132,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, stated the purpose of former subpart 3 of this part.
Section 7311b, Pub. L. 89–10, title V, § 6133, formerly
title VI, § 6133, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1878; renumbered title V, § 6133,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, provided that any State that is one local educational agency would be considered a State educational agency and not a local educational agency.
A prior section 7312, Pub. L. 89–10, title VI, § 6102, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

Page 1544

3708, which related to allocation to local educational
agencies, was omitted in the general amendment of
former subchapter VI of this chapter by Pub. L. 107–110.
Section 7315, Pub. L. 89–10, title V, § 6141, formerly
title VI, § 6141, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1879; renumbered title V, § 6141,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to State flexibility.
Section 7315a, Pub. L. 89–10, title V, § 6142, formerly
title VI, § 6142, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1883; renumbered title V, § 6142,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to consolidation and use of funds under a
grant of flexibility authority.
Section 7315b, Pub. L. 89–10, title V, § 6143, formerly
title VI, § 6143, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1883; renumbered title V, § 6143,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to midterm and final performance reviews
and penalties regarding grants of flexibility authority.
Section 7315c, Pub. L. 89–10, title V, § 6144, formerly
title VI, § 6144, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1884; renumbered title V, § 6144,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, provided for renewal of grant of flexibility authority.
Section 7321, Pub. L. 89–10, title V, § 6151, formerly
title VI, § 6151, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1884; renumbered title V, § 6151,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to local flexibility demonstration agreements.
Section 7321a, Pub. L. 89–10, title V, § 6152, formerly
title VI, § 6152, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1888; renumbered title V, § 6152,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to consolidation and use of funds under a
local flexibility demonstration agreement.
Section 7321b, Pub. L. 89–10, title V, § 6153, formerly
title VI, § 6153, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1889; renumbered title V, § 6153,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to limitations on administrative expenditures.
Section 7321c, Pub. L. 89–10, title V, § 6154, formerly
title VI, § 6154, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1889; renumbered title V, § 6154,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to midterm and final performance reviews
and penalties regarding local flexibility demonstration
agreements.
Section 7321d, Pub. L. 89–10, title V, § 6155, formerly
title VI, § 6155, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1889; renumbered title V, § 6155,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, provided for renewal of local flexibility demonstration agreement.
Section 7321e, Pub. L. 89–10, title V, § 6156, formerly
title VI, § 6156, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1890; renumbered title V, § 6156,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to transmittal of reports to Congress and
limitation on required information.
Section 7325, Pub. L. 89–10, title V, § 6161, formerly
title VI, § 6161, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1890; renumbered title V, § 6161,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to accountability for adequate yearly
progress.
Section 7325a, Pub. L. 89–10, title V, § 6162, formerly
title VI, § 6162, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1890; renumbered title V, § 6162,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to peer review of State progress.
Section 7325b, Pub. L. 89–10, title V, § 6163, formerly
title VI, § 6163, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1890; renumbered title V, § 6163,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, related to provision of technical assistance to
States not making adequate yearly progress or meeting
annual measurable achievement objectives.

Page 1545

TITLE 20—EDUCATION

Section 7325c, Pub. L. 89–10, title V, § 6164, formerly
title VI, § 6164, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1891; renumbered title V, § 6164,
Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat.
2039, required annual reports to Congress.
Prior sections 7331 and 7332 were omitted in the general amendment of former subchapter VI by Pub. L.
107–110.
Section 7331, Pub. L. 89–10, title VI, § 6201, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3709;
amended Pub. L. 105–278, § 2(1), Oct. 22, 1998, 112 Stat.
2682, related to State uses of funds.
Section 7332, Pub. L. 89–10, title VI, § 6202, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3710,
related to State applications.

§ 7341a

grams and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PART B—RURAL EDUCATION INITIATIVE
§ 7341. Short title
This part may be cited as the ‘‘Rural Education Achievement Program’’.
(Pub. L. 89–10, title V, § 5201, formerly title VI,
§ 6201, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1891; renumbered title V,
§ 5201, Pub. L. 114–95, title V, § 5001(a)(2), Dec. 10,
2015, 129 Stat. 2039, 2040.)

AMENDMENTS
2015—Subsec. (a)(1). Pub. L. 114–95, § 5002(5)(A)(i), substituted ‘‘all, or any lesser amount, of State funds’’ for
‘‘not more than 50 percent of the nonadministrative
State funds’’ in introductory provisions, added subpars.
(A) to (C), and struck out former subpars. (A) to (D)
which read as follows:
‘‘(A) Section 6613(a)(3) of this title.
‘‘(B) Section 6762(a)(1) of this title.
‘‘(C) Subsections (a)(1) (with the agreement of the
Governor) and (c)(1) of section 7112 of this title and section 7172(c)(3) of this title.
‘‘(D) Section 7211a(b) of this title.’’
Pub. L. 114–95, § 5002(3), substituted ‘‘part’’ for ‘‘subpart’’ in introductory provisions.
Subsec. (a)(2). Pub. L. 114–95, § 5002(5)(A)(ii), added
par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘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 subchapter I of
this chapter.’’
Subsec. (b)(1)(A). Pub. L. 114–95, § 5002(3), (5)(B)(i)(I),
substituted ‘‘part’’ for ‘‘subpart’’ and ‘‘may transfer all,
or any lesser amount, of the funds allocated to it’’ for
‘‘(except a local educational agency identified for improvement under section 6316(c) of this title or subject
to corrective action under section 6316(c)(9) of this
title) may transfer not more than 50 percent of the
funds allocated to it (including funds transferred under
subparagraph (C))’’.
Subsec. (b)(1)(B), (C). Pub. L. 114–95, § 5002(5)(B)(i)(II),
added subpar. (B) and struck out former subpars. (B)
and (C) which permitted transfers of allocated funds for
agencies identified for improvement and for additional
funds for subchapter I.
Subsec. (b)(2). Pub. L. 114–95, § 5002(5)(B)(ii), substituted ‘‘subparagraph (A) or (B)’’ for ‘‘subparagraph
(A), (B), or (C)’’ in introductory provisions, added subpars. (A) and (B), and struck out former subpars. (A) to
(D) which read as follows:
‘‘(A) Section 6621 of this title.
‘‘(B) Section 6762(a)(2)(A) of this title.
‘‘(C) Section 7112(b)(1) of this title.
‘‘(D) Section 7211a(a) of this title.’’
Subsec. (c). Pub. L. 114–95, § 5002(5)(C), added subsec.
(c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘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 subchapter I of this chapter.’’
Subsec. (e)(1). Pub. L. 114–95, § 5002(3), substituted
‘‘part’’ for ‘‘subpart’’.
Subsec. (e)(2). Pub. L. 114–95, § 5002(5)(D), made technical amendment to reference in original act which appears in text as reference to section 7881 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-

Editorial Notes
PRIOR PROVISIONS
A prior section 5201 of Pub. L. 89–10 was renumbered
section 4301 and was classified to section 7221 of this
title, prior to repeal by Pub. L. 114–95.
Another prior section 5201 of Pub. L. 89–10 was classified to section 7231 of this title, prior to the general
amendment of former subchapter V of this chapter by
Pub. L. 107–110.

§ 7341a. 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.
(Pub. L. 89–10, title V, § 5202, formerly title VI,
§ 6202, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1891; renumbered title V,
§ 5202, Pub. L. 114–95, title V, § 5001(a)(2), Dec. 10,
2015, 129 Stat. 2039, 2040.)
Editorial Notes
PRIOR PROVISIONS
A prior section 5202 of Pub. L. 89–10 was renumbered
section 4302 and was classified to section 7221a of this
title, prior to repeal by Pub. L. 114–95.
Another prior section 5202 of Pub. L. 89–10 was classified to section 7232 of this title, prior to the general
amendment of former subchapter V of this chapter by
Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
REVIEW RELATING TO RURAL LOCAL EDUCATIONAL
AGENCIES
Pub. L. 114–95, title V, § 5005, Dec. 10, 2015, 129 Stat.
2045, provided that:
‘‘(a) REVIEW AND REPORT.—Not later than 18 months
after the date of enactment of this Act [Dec. 10, 2015],
the Secretary of Education shall—
‘‘(1) review the organization, structure, and process
and procedures of the Department of Education for
administering its programs and developing policy and
regulations, in order to—
‘‘(A) assess the methods and manner through
which, and the extent to which, the Department of
Education takes into account, considers input
from, and addresses the unique needs and characteristics of rural schools and rural local educational agencies; and
‘‘(B) determine actions that the Department of
Education can take to meaningfully increase the

§ 7345

TITLE 20—EDUCATION

consideration and participation of rural schools and
rural local educational agencies in the development
and execution of the processes, procedures, policies,
and regulations of the Department of Education;
‘‘(2) make public a preliminary report containing
the information described in paragraph (1) and provide Congress and the public with 60 days to comment
on the proposed actions described in paragraph (1)(B);
and
‘‘(3) issue a final 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, which shall describe the final actions developed pursuant to paragraph (1)(B) after taking into account the comments
submitted under paragraph (2).
‘‘(b) IMPLEMENTATION.—Not later than 2 years after
the date of enactment of this Act [Dec. 10, 2015], the
Secretary of Education shall—
‘‘(1) carry out each action described in the report
under subsection (a)(3); or
‘‘(2) in a case in which an action is not carried out,
provide a written explanation 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 of why the action
was not carried out.’’
SUBPART 1—SMALL, RURAL SCHOOL ACHIEVEMENT
PROGRAM

§ 7345. Use of applicable funding
(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 subchapter I.
(B) Part A of subchapter II.
(C) Subchapter III.
(D) Part A or B of subchapter IV.
(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 locale code of 41, 42, or 43, as determined by
the Secretary;
(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2),

Page 1546

grants the local educational agency’s request to waive the criteria described in subparagraph (A)(ii); or
(C) the local educational agency is a member of an educational service agency that
does not receive funds under this subpart
and the local educational agency meets the
requirements of this part.
(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) Part A of subchapter II.
(2) Part A of subchapter IV.
(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).
(Pub. L. 89–10, title V, § 5211, formerly title VI,
§ 6211, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1891; renumbered title V,
§ 5211, and amended Pub. L. 114–95, title V,
§§ 5001(a)(3), 5003(1), Dec. 10, 2015, 129 Stat.
2039–2041.)
Editorial Notes
PRIOR PROVISIONS
A prior section 5211 of Pub. L. 89–10 was renumbered
section 4311 and was classified to section 7221j of this
title, prior to repeal by Pub. L. 114–95.
AMENDMENTS
2015—Subsec. (a)(1). Pub. L. 114–95, § 5003(1)(A), added
subpars. (A) to (D) and struck out former subpars. (A)
to (E) which read as follows:
‘‘(A) Part A of subchapter I of this chapter.
‘‘(B) Part A or D of subchapter II of this chapter.
‘‘(C) Subchapter III of this chapter.
‘‘(D) Part A or B of subchapter IV of this chapter.
‘‘(E) Part A of subchapter V of this chapter.’’
Subsec. (b)(1)(A)(ii). Pub. L. 114–95, § 5003(1)(B)(i),
struck out ‘‘school’’ before ‘‘locale code’’ and substituted ‘‘41, 42, or 43, as determined by the Secretary;’’
for ‘‘7 or 8, as determined by the Secretary; or’’.
Subsec. (b)(1)(C). Pub. L. 114–95, § 5003(1)(B)(ii), (iii),
added subpar. (C).
Subsec. (c). Pub. L. 114–95, § 5003(1)(C), added pars. (1)
and (2) and struck out former pars. (1) to (3) which read
as follows:
‘‘(1) Subpart 2 of this part and section 6762(a)(2)(A) of
this title.

Page 1547

TITLE 20—EDUCATION

‘‘(2) Section 7114 of this title.
‘‘(3) Part A of subchapter V of this chapter.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7345a. 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 subchapter I.
(2) Part A of subchapter II.
(3) Subchapter III.
(4) Part A or B of subchapter IV.
(b) Allocation
(1) Allocation
(A) In general
Except as provided in paragraphs (3) and
(4), the Secretary shall award a grant under
subsection (a) to a local educational agency
eligible under section 7345(b) of this title 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 7345(c) of this
title for the preceding fiscal year.
(B) Special determination
For a local educational agency that is eligible under section 7345(b)(1)(C) of this title
and is a member of an educational service
agency, the Secretary may determine the
award amount by subtracting from the initial amount determined under paragraph (2),
an amount that is equal to that local educational agency’s per-pupil share of the total
amount received by the educational service
agency under the provisions described in section 7345(c) of this title, as long as a determination under this subparagraph would not
disproportionately affect any State.
(2) Determination of initial amount
(A) In general
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.
(B) Special rule
For any fiscal year for which the amount
made available to carry out this part is
$265,000,000 or more, subparagraph (A) shall
be applied—
(i) by substituting ‘‘$25,000’’ for ‘‘$20,000’’;
and
(ii)
by
substituting
‘‘$80,000’’
for
‘‘$60,000’’.

§ 7345a

(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.
(4) Hold harmless
For a local educational agency that is not
eligible under this subpart due to amendments
made by the Every Student Succeeds Act to
section 7345(b)(1)(A)(ii) of this title but met
the eligibility requirements under section
7345(b) of this title as such section was in effect on the day before December 10, 2015, the
agency shall receive—
(A) for fiscal year 2017, 75 percent of the
amount such agency received for fiscal year
2015;
(B) for fiscal year 2018, 50 percent of the
amount such agency received for fiscal year
2015; and
(C) for fiscal year 2019, 25 percent of the
amount such agency received for fiscal year
2015.
(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.
(Pub. L. 89–10, title V, § 5212, formerly title VI,
§ 6212, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1892; renumbered title V,
§ 5212, and amended Pub. L. 114–95, title V,
§§ 5001(a)(3), 5003(2), Dec. 10, 2015, 129 Stat. 2039,
2040, 2042.)
Editorial Notes
REFERENCES IN TEXT
Amendments made by the Every Student Succeeds
Act to section 7345(b)(1)(A)(ii) of this title, referred to
in subsec. (b)(4), mean the amendments made to section
7345(b)(1)(A)(ii) of this title by Pub. L. 114–95, title V,
§ 5003(1)(B)(i), Dec. 10, 2015, 129 Stat. 2041. See 2015
Amendment note under section 7345 of this title.
Section 7345(b) of this title as such section was in effect on the day before December 10, 2015, referred to in
subsec. (b)(4), means section 7345(b) of this title prior to
amendment by Pub. L. 114–95, title V, §§ 5001(a)(3),
5003(1)(B), Dec. 10, 2015, 129 Stat. 2039–2041.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 5003(2)(A), added
pars. (1) to (4) and struck out former pars. (1) to (5)
which read as follows:
‘‘(1) Part A of subchapter I of this chapter.
‘‘(2) Part A or D of subchapter II of this chapter.
‘‘(3) Subchapter III of this chapter.
‘‘(4) Part A or B of subchapter IV of this chapter.
‘‘(5) Part A of subchapter V of this chapter.’’

TITLE 20—EDUCATION

§ 7345b

Subsec. (b)(1). Pub. L. 114–95, § 5003(2)(B)(i), added par.
(1) and struck out former par. (1). Prior to amendment,
text read as follows: ‘‘Except as provided in paragraph
(3), the Secretary shall award a grant under subsection
(a) of this section to a local educational agency eligible
under section 7345(b) of this title 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 7345(c) of this title for the preceding fiscal year.’’
Subsec. (b)(2). Pub. L. 114–95, § 5003(2)(B)(ii), added
par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘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.’’
Subsec. (b)(4). Pub. L. 114–95, § 5003(2)(B)(iii), added
par. (4).
Subsec. (d). Pub. L. 114–95, § 5003(2)(C), struck out subsec. (d). Text read as follows: ‘‘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 of this part.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7345b. Repealed. Pub. L. 114–95, title
§ 5003(3), Dec. 10, 2015, 129 Stat. 2043

V,

Section, Pub. L. 89–10, title V, § 5213, formerly title
VI, § 6213, as added Pub. L. 107–110, title VI, § 601, Jan.
8, 2002, 115 Stat. 1893; renumbered title V, § 5213, Pub. L.
114–95, title V, § 5001(a)(3), Dec. 10, 2015, 129 Stat. 2039,
2040, related to accountability for educational agencies
receiving funds.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.
SUBPART 2—RURAL AND LOW-INCOME SCHOOL
PROGRAM

§ 7351. Program authorized
(a) Grants to States
(1) In general
From amounts appropriated under section
7355c of this title 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
7351b of this title approved to enable the State
educational agencies to award grants to eligible local educational agencies for local authorized activities described in section 7351a(a)
of this title.
(2) Allotment
From amounts described in paragraph (1) for
a fiscal year, the Secretary shall allot to each

Page 1548

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 7351b of this title 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)(i) 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
(ii) all of the schools served by the agency
are designated with a locale code of 32, 33, 41,
42, or 43, as determined by the Secretary; or
(B) the agency meets the criteria established in clause (i) of subparagraph (A) and
the Secretary, in accordance with paragraph
(2), grants the local educational agency’s request to waive the criteria described in
clause (ii) of such subparagraph.
(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.
(3) Award basis
A State educational agency shall award
grants to eligible local educational agencies—

Page 1549

TITLE 20—EDUCATION

(A) on a competitive basis;
(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
7355c of this title 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
Education, 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.
(Pub. L. 89–10, title V, § 5221, formerly title VI,
§ 6221, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1894; renumbered title V,
§ 5221, and amended Pub. L. 114–95, title V,
§§ 5001(a)(4), (b)(3), (4), 5003(4), Dec. 10, 2015, 129
Stat. 2039, 2040, 2043.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7351, Pub. L. 89–10, title VI, § 6301, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3711; amended Pub. L. 105–278, § 2(2), Oct. 22, 1998, 112
Stat. 2682, related to targeted use of funds for local innovative education programs, prior to the general
amendment of former subchapter VI of this chapter by
Pub. L. 107–110.
A prior section 5221 of Pub. L. 89–10 was classified to
section 7223 of this title, prior to repeal by Pub. L.
114–95.
AMENDMENTS
2015—Subsec. (a)(1), (3)(A). Pub. L. 114–95, §§ 5001(b)(3),
(4), 5003(4)(A), made technical amendments to references in original act which appear in text as references to sections 7355c, 7351b, and 7351a(a) of this
title.
Subsec. (b)(1)(A). Pub. L. 114–95, § 5003(4)(B)(i)(I), (II),
designated existing provisions as cl. (i) and redesignated subpar. (B) as cl. (ii).
Subsec.
(b)(1)(A)(ii).
Pub.
L.
114–95,
§ 5003(4)(B)(i)(III)(aa), (bb), struck out ‘‘school’’ before
‘‘locale code’’ and substituted ‘‘32, 33, 41, 42, or 43’’ for
‘‘6, 7, or 8’’.
Subsec. (b)(1)(B). Pub. L. 114–95, § 5003(4)(B)(i)(III)(cc),
(IV), added subpar. (B). Former subpar. (B) redesignated
cl. (ii) of subpar. (A).
Subsec. (b)(2), (3). Pub. L. 114–95, § 5003(4)(B)(ii), (iii),
added par. (2) and redesignated former par. (2) as (3).
Subsec. (c). Pub. L. 114–95, § 5001(b)(4), made technical
amendment to reference in original act which appears
in introductory provisions as reference to section 7355c
of this title.

§ 7351

Subsec. (c)(1). Pub. L. 114–95, § 5003(4)(C), substituted
‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian
Affairs’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
RURAL AND LOW-INCOME SCHOOL PROGRAM
ADJUSTMENTS
Pub. L. 116–260, div. H, title III, § 316, Dec. 27, 2020, 134
Stat. 1610, provided that:
‘‘(a) HOLD HARMLESS.—For the purpose of making
awards under section 5221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) for a fiscal
year during the period described in subsection (c), the
Secretary of Education and each State educational
agency shall treat as eligible to receive a grant under
such section—
‘‘(1) any local educational agency that meets the
eligibility requirements described in section 5221(b)(1)
of such Act [20 U.S.C. 7351(b)(1)] for such fiscal year,
in accordance with subsection (d); and
‘‘(2) notwithstanding such section 5221(b)(1), any
local educational agency that does not meet the eligibility requirements described in such section for
such fiscal year if—
‘‘(A) the local educational agency received a
grant under section 5221 of such Act for fiscal year
2019;
‘‘(B) for fiscal year 2019, less than 20 percent of
the children ages 5 through 17 years served by the
local educational agency were from families with
incomes below the poverty line, as determined by
data from the Small Area Income and Poverty Estimates of the Bureau of the Census;
‘‘(C) the award for fiscal year 2019 was based on
alternative poverty data submitted by the State to
the Secretary despite data being available from the
Small Area Income and Poverty Estimates of the
Bureau of the Census; and
‘‘(D) the local educational agency meets the eligibility criteria described in section 5221(b)(1)(A)(ii)
of such Act [20 U.S.C. 7351(b)(1)(A)(ii)], or has obtained a waiver under section 5221(b)(2) of such Act
[20 U.S.C. 7351(b)(2)], for the fiscal year for which
the eligibility determination is being made.
‘‘(b) LIMITATIONS.—
‘‘(1) LIMITS ON LOCAL EDUCATIONAL AGENCY
AWARDS.—For the purposes of making an award under
section 5221(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(b)) to local educational agencies described in subsection (a)(2) for a
fiscal year during the period described in subsection
(c), a State educational agency shall provide an
award to each such local educational agency for such
fiscal year that is not larger than—
‘‘(A) for fiscal year 2021, 100 percent of the amount
such local educational agency received for fiscal
year 2019;
‘‘(B) for fiscal year 2022, 100 percent of the amount
such local educational agency received for fiscal
year 2019;
‘‘(C) for fiscal year 2023, 83.33 percent of the
amount such local educational agency received for
fiscal year 2019;
‘‘(D) for fiscal year 2024, 66.67 percent of the
amount such local educational agency received for
fiscal year 2019;
‘‘(E) for fiscal year 2025, 50 percent of the amount
such local educational agency received for fiscal
year 2019;
‘‘(F) for fiscal year 2026, 33.33 percent of the
amount such local educational agency received for
fiscal year 2019; and

§ 7351a

TITLE 20—EDUCATION

‘‘(G) for fiscal year 2027, 16.67 percent of the
amount such local educational agency received for
fiscal year 2019.
‘‘(2) ADJUSTMENTS TO STATE ALLOCATIONS.—In determining grant amounts for each State educational
agency under section 5221(a)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7351(a)(2))
for each fiscal year during the period described in
subsection (c), the Secretary of Education shall reduce the amount that the State educational agency
would otherwise receive by the combined amount of
any reductions in grant awards required under paragraph (1) for such year for the local educational agencies described in subsection (a)(2) that are served by
the State educational agency.
‘‘(c) APPLICABILITY.—Subsections (a) and (b) shall be
in effect during the period—
‘‘(1) beginning on the first day of the fiscal year in
which this Act [div. H of Pub. L. 116–260, see Tables
for classification] is enacted; and
‘‘(2) ending on the earlier of—
‘‘(A) September 30, 2027; or
‘‘(B) the last day of the fiscal year in which an
Act that reauthorizes the rural and low-income
school program under subpart 2 of part B of title V
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7351 et seq.) is enacted.
‘‘(d) USE OF DATA MEASURES.—Except as provided in
subsection (a)(2), for the purpose of making awards
under section 5221 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7351) for any fiscal
year—
‘‘(1) if data are available from the Small Area Income and Poverty Estimates of the Bureau of the
Census to determine a local educational agency’s enrollment of children from families with incomes
below the poverty line as described in section
5221(b)(1)(A)(i) of such Act [20 U.S.C. 7351(b)(1)(A)(i)],
the Secretary of Education and each State educational agency shall not use alternative poverty
data in determining such local educational agency’s
eligibility under such section; and
‘‘(2) if data are not available from the Small Area
Income and Poverty Estimates of the Bureau of the
Census to determine a local educational agency’s enrollment of children from families with incomes
below the poverty line as described in such section
5221(b)(1)(A)(i), the Secretary and the State educational agency shall determine such local educational agency’s eligibility under such section using
the same State-derived poverty data used to determine local educational agency allocations under part
A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).’’

§ 7351a. Uses of funds
(a) Local awards
Grant funds awarded to local educational
agencies under this subpart shall be used for any
of the following:
(1) Activities authorized under part A of subchapter I.
(2) Activities authorized under part A of subchapter II.
(3) Activities authorized under subchapter
III.
(4) Activities authorized under part A of subchapter IV.
(5) Parental involvement activities.
(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.
(Pub. L. 89–10, title V, § 5222, formerly title VI,
§ 6222, as added Pub. L. 107–110, title VI, § 601,

Page 1550

Jan. 8, 2002, 115 Stat. 1895; renumbered title V,
§ 5222, and amended Pub. L. 114–95, title V,
§§ 5001(a)(4), 5003(5), Dec. 10, 2015, 129 Stat. 2039,
2040, 2043.)
Editorial Notes
PRIOR PROVISIONS
A prior section 5222 of Pub. L. 89–10 was classified to
section 7223a of this title, prior to repeal by Pub. L.
114–95.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 5003(5), added pars.
(1) to (5) and struck out former pars. (1) to (7) which set
out various approved uses for grant funds.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7351b. Applications
(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 and in such manner as the Secretary may require.
(b) Contents
Each application submitted under subsection
(a) shall include information on—
(1) program objectives and outcomes for activities under this subpart, including how the
State educational agency or specially qualified agency will use funds to help all students
meet the challenging State academic standards;
(2) if the State educational agency will competitively award grants to eligible local educational agencies, as described in section
7351(b)(3)(A) of this title, the application under
the section shall include—
(A) the methods and criteria the State
educational agency will use to review applications and award funds to local educational
agencies on a competitive basis; and
(B) how the State educational agency will
notify eligible local educational agencies of
the grant competition; and
(3) a description of how the State educational agency will provide technical assistance to eligible local educational agencies to
help such agencies implement the activities
described in section 7351a of this title.
(Pub. L. 89–10, title V, § 5223, formerly title VI,
§ 6223, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1895; renumbered title V,
§ 5223, and amended Pub. L. 114–95, title V,
§§ 5001(a)(4), 5003(6), Dec. 10, 2015, 129 Stat. 2039,
2040, 2044.)
Editorial Notes
PRIOR PROVISIONS
A prior section 5223 of Pub. L. 89–10 was classified to
section 7223b of this title, prior to repeal by Pub. L.
114–95.

Page 1551

TITLE 20—EDUCATION
AMENDMENTS

2015—Subsec. (a). Pub. L. 114–95, § 5003(6)(A), substituted ‘‘at such time and in such manner’’ for ‘‘at
such time, in such manner, and accompanied by such
information’’.
Subsec. (b). Pub. L. 114–95, § 5003(6)(B), added subsec.
(b) and struck out former subsec. (b) which described
required contents for applications submitted under subsec. (a).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7351c. Report
Each State educational agency or specially
qualified agency that receives a grant under this
subpart shall prepare and submit an annual report to the Secretary. The report shall describe—
(1) if the report is submitted by a State educational agency, 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 objectives and outcomes described in the application submitted
under section 7351b of this title, including having all students in the State or the area served
by the specially qualified agency, as applicable, meet the challenging State academic
standards.

§ 7355

degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 7351b of this title.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7351d. Choice of participation
(a) In general
If a local educational agency is eligible for
funding under both this subpart and subpart 1,
such local educational agency may receive funds
under either this subpart or subpart 1 for a fiscal
year, but may not receive funds under both subparts for such fiscal year.
(b) Notification
A local educational agency eligible for funding
under both this subpart and subpart 1 shall notify the Secretary and the State educational
agency under which of such subparts the local
educational agency intends to receive funds for
a fiscal year by a date that is established by the
Secretary for the notification.
(Pub. L. 89–10, title V, § 5225, as added Pub. L.
114–95, title V, § 5003(8), Dec. 10, 2015, 129 Stat.
2044.)
Editorial Notes
PRIOR PROVISIONS

(Pub. L. 89–10, title V, § 5224, formerly title VI,
§ 6224, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1896; renumbered title V,
§ 5224, and amended Pub. L. 114–95, title V,
§§ 5001(a)(4), 5003(7), Dec. 10, 2015, 129 Stat. 2039,
2040, 2044.)

A prior section 5225 of Pub. L. 89–10 was classified to
section 7223d of this title, prior to repeal by Pub. L.
114–95.
Prior sections 7352 and 7353 were omitted in the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.
Section 7352, Pub. L. 89–10, title VI, § 6302, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3711,
related to administrative authority.
Section 7353, Pub. L. 89–10, title VI, § 6303, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3711,
related to local applications for allocations of funds.

Editorial Notes

Statutory Notes and Related Subsidiaries

PRIOR PROVISIONS

EFFECTIVE DATE

A prior section 5224 of Pub. L. 89–10 was classified to
section 7223c of this title, prior to repeal by Pub. L.
114–95.

Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

AMENDMENTS
2015—Pub. L. 114–95, § 5003(7)(C), inserted ‘‘or specially
qualified agency’’ after ‘‘Each State educational agency’’ in introductory provisions.
Pub. L. 114–95, § 5003(7)(A), (B), substituted ‘‘Report’’
for ‘‘Accountability’’ in section catchline, struck out
subsec. (a) designation and heading before ‘‘Each
State’’, and struck out subsecs. (b) to (e) which related
to specially qualified agency report, biennial reports to
Congress, academic achievement assessment, and determination regarding continuing participation, respectively.
Par. (1). Pub. L. 114–95, § 5003(7)(D), added par. (1) and
struck out former par. (1) which read as follows: ‘‘the
method the State educational agency used to award
grants to eligible local educational agencies, and to
provide assistance to schools, under this subpart;’’.
Par. (3). Pub. L. 114–95, § 5003(7)(E), added par. (3) and
struck out former par. (3) which read as follows: ‘‘the

SUBPART 3—GENERAL PROVISIONS

§ 7355. Annual average daily attendance determination
(a) Census determination
Each local educational agency desiring a grant
under section 7345a of this title and each local
educational agency or specially qualified agency
desiring a grant under subpart 2 of this part
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

TITLE 20—EDUCATION

§ 7355a

(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)).1
(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 7345a of this title
or subpart 2 of this part, 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 7345a of this
title or subpart 2 of this part if the agency had
submitted accurate information under subsection (a).
(Pub. L. 89–10, title V, § 5231, formerly title VI,
§ 6231, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1897; renumbered title V,
§ 5231, and amended Pub. L. 114–95, title V,
§ 5001(a)(5), (b)(2), Dec. 10, 2015, 129 Stat. 2039,
2040.)
Editorial Notes

Page 1552

(Pub. L. 89–10, title V, § 5233, formerly title VI,
§ 6233, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1897; renumbered title V,
§ 5233, Pub. L. 114–95, title V, § 5001(a)(5), Dec. 10,
2015, 129 Stat. 2039, 2040.)
§ 7355c. Authorization of appropriations
There are authorized to be appropriated to
carry out this part $169,840,000 for each of the
fiscal years 2017 through 2020, to be distributed
equally between subparts 1 and 2 of this part.
(Pub. L. 89–10, title V, § 5234, formerly title VI,
§ 6234, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1897; renumbered title V,
§ 5234, and amended Pub. L. 114–95, title V,
§§ 5001(a)(5), 5003(9), Dec. 10, 2015, 129 Stat. 2039,
2040, 2045.)
Editorial Notes
AMENDMENTS
2015—Pub. L. 114–95, § 5003(9), substituted ‘‘$169,840,000
for each of the fiscal years 2017 through 2020,’’ for
‘‘$300,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 5 succeeding fiscal years,’’.
Statutory Notes and Related Subsidiaries

PRIOR PROVISIONS

EFFECTIVE DATE OF 2015 AMENDMENT

A prior section 5231 of Pub. L. 89–10 was classified to
section 7223j of this title, prior to repeal by Pub. L.
114–95.

Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

AMENDMENTS
2015—Pub. L. 114–95, § 5001(b)(2), made technical
amendment to references in original act which appear
in text as references to section 7345a of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7355a. Supplement, not supplant
Funds made available under subpart 1 or subpart 2 of this part shall be used to supplement,
and not supplant, any other Federal, State, or
local education funds.
(Pub. L. 89–10, title V, § 5232, formerly title VI,
§ 6232, as added Pub. L. 107–110, title VI, § 601,
Jan. 8, 2002, 115 Stat. 1897; renumbered title V,
§ 5232, Pub. L. 114–95, title V, § 5001(a)(5), Dec. 10,
2015, 129 Stat. 2039, 2040.)
§ 7355b. Rule of construction
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.
1 So

in original. Probably should be ‘‘subpart 2).’’

PART C—GENERAL PROVISIONS
§ 7371. Prohibition against Federal mandates, direction, or control
Nothing in this subchapter shall be construed
to authorize an officer or employee of the Federal Government to mandate, direct, or control
a State, local educational agency, or school’s
specific instructional content, academic standards and assessments, curriculum, or program of
instruction, as a condition of eligibility to receive funds under this chapter.
(Pub. L. 89–10, title V, § 5301, as added Pub. L.
114–95, title V, § 5004, Dec. 10, 2015, 129 Stat. 2045.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7371, Pub. L. 89–10, title V, § 6301, formerly title VI, § 6301, as added Pub. L. 107–110, title VI,
§ 601, Jan. 8, 2002, 115 Stat. 1897; renumbered title V,
§ 6301, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129
Stat. 2039, related to prohibition against Federal mandates, direction, or control, prior to the general amendment of this part by Pub. L. 114–95.
Another prior section 7371, Pub. L. 89–10, title VI,
§ 6401, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3712, related to maintenance of effort and supplementary nature of Federal funds, prior to the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.
A prior section 5301 of Pub. L. 89–10 was renumbered
section 4401 and is classified to section 7231 of this title.
Another prior section 5301 of Pub. L. 89–10 was classified to section 7261 of this title, prior to the general
amendment of former subchapter V of this chapter by
Pub. L. 107–110.

Page 1553

TITLE 20—EDUCATION

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7372. Rule of construction on equalized spending
Nothing in this subchapter shall be construed
to mandate equalized spending per pupil for a
State, local educational agency, or school.
(Pub. L. 89–10, title V, § 5302, as added Pub. L.
114–95, title V, § 5004, Dec. 10, 2015, 129 Stat. 2045.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7372, Pub. L. 89–10, title V, § 6302, formerly title VI, § 6302, as added Pub. L. 107–110, title VI,
§ 601, Jan. 8, 2002, 115 Stat. 1898; renumbered title V,
§ 6302, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129
Stat. 2039, related to rule of construction on equalized
spending, prior to the general amendment of this part
by Pub. L. 114–95.
Another prior section 7372, Pub. L. 89–10, title VI,
§ 6402, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3713, related to participation of children enrolled in private schools, prior to the general amendment of former subchapter VI of this chapter by Pub.
L. 107–110.
A prior section 5302 of Pub. L. 89–10 was renumbered
section 4402 and is classified to section 7231a of this
title.
Another prior section 5302 of Pub. L. 89–10 was classified to section 7262 of this title, prior to the general
amendment of former subchapter V of this chapter by
Pub. L. 107–110.
A prior section 7373, Pub. L. 89–10, title VI, § 6403, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3715, which related to Federal administration, was
omitted in the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

SUBCHAPTER VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Editorial Notes
CODIFICATION
Pub. L. 114–95, title VI, § 6001(a), Dec. 10, 2015, 129 Stat.
2046, redesignated subchapter VII (§ 7401 et seq.) of this
chapter as this subchapter.
Title VI 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, and subsequently revised, restated, and amended by
other public laws. Title VI is shown, herein, as having
been added as title VII of Pub. L. 89–10 by Pub. L.
107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1907, without reference to earlier amendments because of the extensive revision of the title’s provisions by Pub. L.
107–110. Title VII of Pub. L. 89–10 was subsequently redesignated title VI by Pub. L. 114–95, title VI, § 6001(a),
Dec. 10, 2015, 129 Stat. 2046, and transferred to this sub-

§ 7401

chapter. See Codification note preceding section 6301 of
this title.
PRIOR PROVISIONS
A prior title VI of the Elementary and Secondary
Education Act of 1965, comprising former subchapter VI
(§ 7301 et seq.) of this chapter, was redesignated title V
of the Act by Pub. L. 114–95, title V, § 5001(a), Dec. 10,
2015, 129 Stat. 2039, and transferred to subchapter V
(§ 7305 et seq.) of this chapter.

PART A—INDIAN EDUCATION
§ 7401. Statement of policy
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. It is further the
policy of the United States to ensure that Indian
children do not attend school in buildings that
are dilapidated or deteriorating, which may negatively affect the academic success of such children.
(Pub. L. 89–10, title VI, § 6101, formerly title VII,
§ 7101, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1907; renumbered title VI,
§ 6101, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6002(a), Dec. 10, 2015, 129 Stat.
2046, 2047.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7401, Pub. L. 89–10, title VII, § 7101, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3716, set forth short title of Bilingual Education Act,
prior to the general amendment of former subchapter
VII of this chapter by Pub. L. 107–110.
A prior section 6101 of Pub. L. 89–10 was classified to
section 7311 of this title, prior to the general amendment of former subchapter VI of this chapter by Pub.
L. 107–110.
Another prior section 6101 of Pub. L. 89–10 was classified to section 3261 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Pub. L. 114–95, § 6002(a), inserted at end ‘‘It is
further the policy of the United States to ensure that
Indian children do not attend school in buildings that
are dilapidated or deteriorating, which may negatively
affect the academic success of such children.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
SAVINGS PROVISIONS
Pub. L. 107–110, title VII, § 703, Jan. 8, 2002, 115 Stat.
1947, provided that: ‘‘Funds appropriated for parts A, B,

TITLE 20—EDUCATION

§ 7401

and C of title IX of the Elementary and Secondary Education Act of 1965 [former 20 U.S.C. 7801 et seq., 7901 et
seq., 7931 et seq.] (as in effect on the day before the date
of enactment of this Act [Jan. 8, 2002]) shall be available for use under parts A, B, and C, respectively, of
title VII [now VI] of such Act [20 U.S.C. 7401 et seq.,
7511 et seq., 7541 et seq.], as added by this section [section 701].’’
Executive Documents
EXECUTIVE ORDER NO. 13096
Ex. Ord. No. 13096, Aug. 6, 1998, 63 F.R. 42681, which related to American Indian and Alaska Native education,
was revoked by Ex. Ord. No. 13336, § 9(b), Apr. 30, 2004,
69 F.R. 25297, formerly set out below.
EXECUTIVE ORDER NO. 13336
Ex. Ord. No. 13336, Apr. 30, 2004, 69 F.R. 25295, which
established the Interagency Working Group on American Indian and Alaska Native Education and required
a study, report, and conference relating to American
Indian and Alaska Native students’ achievement under
the No Child Left Behind Act of 2001, was revoked by
Ex. Ord. No. 13592, § 5(c), Dec. 2, 2011, 76 F.R. 76607, formerly set out below.
EXECUTIVE ORDER NO. 13592
Ex. Ord. No. 13592, Dec. 2, 2011, 76 F.R. 76603, which established the White House Initiative on American Indian and Alaska Native Education and the Interagency
Working Group on AI/AN education and TCUs, was revoked by Ex. Ord. No. 14049, § 4(b), Oct. 11, 2021, 86 F.R.
57317, set out below.
EX. ORD. NO. 14049. WHITE HOUSE INITIATIVE ON ADVANCING EDUCATIONAL EQUITY, EXCELLENCE, AND ECONOMIC
OPPORTUNITY FOR NATIVE AMERICANS AND STRENGTHENING TRIBAL COLLEGES AND UNIVERSITIES
Ex. Ord. No. 14049, Oct. 11, 2021, 86 F.R. 57313, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Policy. The United States has a unique political and legal relationship with federally recognized
Tribal Nations, as set forth in the Constitution of the
United States, statutes, treaties, Executive Orders, and
court decisions. The Federal Government is committed
to protecting the rights and ensuring the well-being of
Tribal Nations while respecting Tribal sovereignty and
inherent rights of self-determination. In recognition of
that commitment and to fulfill the solemn obligations
it entails, executive departments and agencies (agencies) must help advance educational equity, excellence,
and economic opportunity for Native American students, whether they attend public schools in urban,
suburban, or rural communities; are homeschooled; attend primary and secondary schools operated or funded
by the Bureau of Indian Education (BIE) of the Department of the Interior; or attend postsecondary educational institutions, including Tribal Colleges and
Universities (TCUs).
For more than a century, the United States imposed
educational policies designed to assimilate Native peoples into predominant United States culture that devastated Native American students and their families.
Beginning with the Indian Civilization Act of 1819, the
United States enacted laws and implemented policies
establishing and supporting Indian boarding schools
across the Nation. From 1871 onward, federally run Indian boarding schools were used to culturally assimilate Native American children who were forcibly removed from their families and communities and relocated to distant residential facilities where their Native identities, languages, traditions, and beliefs were
forcibly suppressed. The conditions in these schools
were usually harsh, and sometimes abusive and deadly.
Although these policies have ended, their effects and

Page 1554

resulting trauma reverberate in Native American communities even today, creating specific challenges that
merit Federal attention and response.
During the global COVID–19 pandemic, Tribal Nations
raced to protect Tribal members and their way of life.
Tribal elders are often the keepers of Tribal culture
and are critical for the preservation of Native languages, as the vitality of Native culture is inseparably
tied to Native languages. Accordingly, my Administration is committed to supporting preservation and revitalization of Native languages. This includes honoring
the vibrancy, importance, and strength of Native languages and the traditions, values, and cultural practices that accompany them.
In addition, the COVID–19 pandemic has amplified
long-standing
educational
inequities
that
disproportionally affect Native American communities
and burden Native American students. In particular,
Native American children face significant learning disruption as the digital divide and lack of educational resources put remote learning out of reach for too many.
Native American students experienced the greatest decline in undergraduate enrollment in higher education
from 2020 to 2021 compared to other student groups.
These inequities compound the effects of other disparities faced by Native American women and girls in particular. The spike in gender-based violence during the
COVID–19 pandemic has intensified safety concerns for
Native American women and girls, who were already
victimized at higher rates than other women in the
United States.
The Federal Government must put strong focus on
early childhood and K–12 educational opportunities.
These are important to developing and strengthening
Native American communities, and they set the stage
for educational advancement and career development,
including opportunities to attend TCUs.
TCUs also merit focused attention, as these institutions are integral and essential to Tribal communities.
Their foundation, tradition, and mission are unique,
and their cultural grounding is invaluable to providing
high-quality education and successful outcomes for Native American students. TCUs fulfill a vital role in
maintaining and preserving irreplaceable Native languages and cultural traditions; in promoting excellence
in Native American education from early childhood
through primary and secondary education, into postsecondary education, and throughout graduates’ careers; in offering an entry point for a career in academia, strong technical and trade school opportunities,
job training, and other career-building programs to Native Americans; and in supporting Tribal economic development efforts by building and strengthening a
highly skilled Native American workforce. Often, they
are the only postsecondary institutions within some of
our Nation’s most economically disadvantaged and
rural areas. As a result, TCUs provide crucial employment opportunities and services in communities that
continue to suffer high rates of unemployment and resulting social and economic distress. The Federal Government therefore reaffirms and strengthens our commitment to Native American communities by investing
in TCUs to support their continued growth and success.
It is the policy of my Administration to advance equity, excellence, and justice in our Nation’s education
system and to further Tribal self-governance, including
by supporting activities that expand educational opportunities and improve educational outcomes for all Native American students. My Administration will help
expand opportunities for Native American students to
learn their Native languages, histories, and cultural
practices; promote indigenous learning through the use
of traditional ecological knowledge; and enhance access
to complete and competitive educations that prepare
Native American students for college, careers, and productive and satisfying lives. This includes supporting
educational opportunities for students attending TCUs,
given the unique advantages those institutions provide.
My Administration is further committed to ensuring
all Native American students have the ability to pur-

Page 1555

TITLE 20—EDUCATION

sue careers that provide economic security for themselves and their families, including Native American
women, who currently, on average, earn just 60 cents to
every dollar earned by White men. To these ends, my
Administration will collaborate with Tribal Nations to
collect better data on educational attainment gaps
faced by Native American students to help deepen understanding of these gaps, including barriers to workforce participation, and inform solutions.
SEC. 2. White House Initiative on Advancing Educational
Equity, Excellence, and Economic Opportunity for Native
Americans and Strengthening Tribal Colleges and Universities. (a) To advance equity in our Nation’s schools, to
promote the economic opportunity that follows it, and
to fulfill our commitment to furthering Tribal sovereignty, there is established in the Department of
Education the White House Initiative on Advancing
Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal
Colleges and Universities (Initiative), of which the Secretary of Education, the Secretary of the Interior, and
the Secretary of Labor shall serve as Co-Chairs. The
Secretary of Education shall, in consultation with the
other Co-Chairs of the Initiative, designate an Executive Director for the Initiative (Executive Director).
The Executive Director shall co-chair the Education
Committee of the White House Council on Native
American Affairs (WHCNAA), established by Executive
Order 13647 of June 26, 2013 (Establishing the White
House Council on Native American Affairs) [25 U.S.C.
5301 note].
(b) The Initiative shall consult and collaborate with
Tribal Nations; Alaska Native Entities; TCUs; and
State, Tribal, and local educational departments and
agencies to advance educational equity, excellence, and
economic opportunity for Native Americans by focusing on the following policy goals:
(i) increasing the understanding of systemic causes
of educational challenges faced by Native American
students and working across agencies to address
those challenges;
(ii) supporting and improving data collection related to Native American students and the implementation of evidence-based strategies to increase the
participation and success of Native American students in all levels of education and prepare them for
careers and civic engagement;
(iii) increasing the percentage of Native American
children and families who participate in high-quality
early childhood programs and services that promote
healthy development and learning, prepare Native
American children for success in school, and affirm
the cultural and linguistic identity of Native American children;
(iv) ensuring that all Native American students
have access to excellent teachers, school leaders, and
other professionals, including by supporting efforts to
improve the recruitment, preparation, development,
and retention of qualified, diverse teachers, school
leaders, and other professionals who understand Native American students’ lived experiences and can effectively meet their students’ academic, social, and
emotional needs, particularly in partnership with
TCUs;
(v) breaking down barriers that impede the access
of higher education institutions that serve Native
American students, such as TCUs, to Federal funding,
and strengthening the capacity of those institutions
to participate in Federal programs and partnerships;
(vi) ensuring that the unique indigenous, cultural,
educational, traditional ecological knowledge, and
Native language needs of Native American students
are met;
(vii) exploring policies to expand and support career
and technical education, job training, and other career-building programs for Native American students
and workers; and
(viii) furthering Tribal sovereignty by supporting
efforts to build the capacity of Tribal educational
agencies and TCUs to provide high-quality education
services to Native American students.

§ 7401

(c) In working to fulfill its mission and objectives,
the Initiative shall, consistent with applicable law:
(i) engage in regular, meaningful, and robust consultation with Tribal Nations regarding Native American education and related issues, in accordance with
the Presidential Memorandum of January 26, 2021
(Tribal Consultation and Strengthening Nation-to-Nation Relationships) [25 U.S.C. 5301 note];
(ii) identify and promote evidence-based best practices that can provide Native American students with
a rigorous and well-rounded education in safe and
healthy environments, as well as access to support
services, that will improve their educational, professional, economic, and civic opportunities;
(iii) advance and coordinate efforts to ensure equitable opportunities for Native American students in
the wake of the COVID–19 pandemic, including recovering learning losses and addressing other challenges—
academic, financial, social, emotional, mental health,
or career development—brought on or exacerbated by
the COVID–19 pandemic;
(iv) encourage and develop Federal partnerships with
public, private, philanthropic, and nonprofit entities to
improve access to educational equity, excellence, and
economic opportunity for Native Americans;
(v) monitor and support the development, implementation, and coordination of Federal Government educational, workforce, research, and business development policies, programs, and technical assistance designed to improve outcomes for Native Americans;
(vi) create opportunities for strategic partnerships
among agencies and work closely with the Executive
Office of the President on key Administration priorities related to Native Americans;
(vii) serve as a liaison with other agencies on Native
American issues, advise those agencies on how they
might help to promote Native American educational
opportunities, and track their success in doing so; and
(viii) advise the Co-Chairs of the Initiative on issues
of importance and policies relating to educational equity, excellence, and economic opportunity for Native
American students.
(d) To facilitate partnership among agencies to advance educational equity, excellence, and economic opportunity for Native American students, the Executive
Director shall work with the Director of the BIE, the
Commissioner of the Administration for Native Americans (ANA) of the Department of Health and Human
Services, and the Director of the Indian Health Service
(IHS) of the Department of Health and Human Services
to develop a separate Memorandum of Agreement
(MOA) between the Initiative and each of these entities
that will take advantage of each agency’s expertise, resources, and facilities. Each MOA shall be completed
within 180 days of the date of this order [Oct. 11, 2021],
and each shall address how the BIE, ANA, and IHS, respectively, will collaborate with the Initiative in carrying out the policy set forth in section 1 of this order,
as appropriate and consistent with applicable law.
(e) Each agency with representation on the WHCNAA
Education Committee shall prepare a plan (Agency
Plan) outlining measurable actions the agency will
take to advance educational equity, excellence, and
economic opportunity for Native American communities, including the agency’s plans to implement the
policy goals and directives outlined in subsection (b) of
this section, and other relevant work, in consultation
with the Executive Director. These Agency Plans shall
be submitted to the Co-Chairs of the Initiative on a
date the Co-Chairs shall establish.
(i) Each agency with representation on the WHCNAA
Education Committee shall assess and report to the CoChairs of the Initiative on a regular basis, as established by the Co-Chairs of the Initiative, regarding its
progress in implementing its Agency Plan.
(ii) The Initiative shall monitor and evaluate each
agency’s progress towards the goals established in its
Agency Plan and shall coordinate with the agency to
ensure that its Agency Plan includes measurable and
action-oriented goals.

§ 7402

TITLE 20—EDUCATION

(f) The Department of Education shall provide funding and administrative support for the Initiative, to
the extent permitted by law and subject to the availability of appropriations.
(g) To further shared priorities and policies that advance educational equity, excellence, and economic opportunity for underserved communities, the Initiative
shall collaborate and coordinate with other White
House initiatives related to educational equity, excellence, and economic opportunity.
(h) The Initiative shall collaborate, as appropriate
and consistent with applicable law, with other organizations and entities, including: Urban Indian Organizations; governing bodies of Tribal Nations on Federal
and State reservations; State-recognized Tribes; Native
Hawaiian and Native American Pacific Islander organizations; and other Native American groups that seek to
advance educational equity, excellence, and economic
opportunity for Native American students, families,
and communities in the United States.
(i) No later than 1 year after the date of this order
and annually thereafter, the Co-Chairs of the Initiative
shall report to the President on the Initiative’s
progress in carrying out its mission and objectives
under this order.
SEC. 3. National Advisory Council. The Department of
Education’s National Advisory Council on Indian Education (NACIE), comprised of members appointed by
the President under section 6141 of the Elementary and
Secondary Education Act of 1965 (ESEA), 20 U.S.C. 7471,
shall serve as the advisory council for the Initiative
and shall report to the Initiative, through and as requested by the Executive Director. To the extent appropriate and consistent with applicable law, the
NACIE shall include members from across the education spectrum, including members who can provide
specific expertise on issues concerning TCUs and other
Native American-serving institutions, K–12 and early
childhood education, special education, and vocational
education.
(a) In addition to and consistent with the duties set
forth in section 6141(b)(1) of the ESEA, the NACIE
shall, in consultation with the Initiative, advise the
Co-Chairs of the Initiative on:
(i) what is needed for the development, implementation, and coordination of educational programs and initiatives to improve educational opportunities and outcomes for Native Americans;
(ii) how to promote career pathways for in-demand
jobs for Native American students, including registered
apprenticeships as well as internships, fellowships,
mentorships, and work-based learning initiatives;
(iii) ways to strengthen TCUs and increase their participation in agency programs;
(iv) how to increase public awareness of and generate
solutions for the educational and training challenges
and equity disparities that Native American students
face and the causes of these challenges and disparities;
(v) approaches to establish local and national partnerships with public, private, philanthropic, and nonprofit stakeholders to advance the policy set forth in
section 1 of this order, consistent with applicable law;
and
(vi) actions for promoting, improving, and expanding
educational opportunities for Native languages, traditions, and practices to be sustained through culturally
responsive education.
(b) The NACIE and the Executive Director shall, as
appropriate and consistent with applicable law, facilitate frequent collaborations between the Initiative and
Tribal Nations, Alaska Native Entities, and other Tribal organizations.
(c) The Executive Director shall, in consultation with
the NACIE, address the NACIE’s efforts pursuant to
subsection (a) of this section in the annual report of
the Initiative submitted to the President.
(d) The Department of Education shall provide staff
support for the NACIE.
SEC. 4. Administrative Provisions. (a) In carrying out
this order, the Secretary of the Interior, the Secretary

Page 1556

of Labor, and the Secretary of Education shall study,
collect information, and publish reports on the education of Native American students.
(b) This order supersedes Executive Order 13592 of December 2, 2011 (Improving American Indian and Alaska
Native Educational Opportunities and Strengthening
Tribal Colleges and Universities) [formerly set out
above], which is revoked. To the extent that there are
other Executive Orders that may conflict with or overlap with the provisions in this order, the provisions in
this order shall supersede those other Executive Orders
on these subjects.
(c) The heads of agencies shall assist and provide information to the Initiative, consistent with applicable
law, as may be necessary to carry out the functions of
the Initiative.
(d) Each agency shall bear its own expenses of participating in the Initiative.
SEC. 5. Definitions. For the purposes of this order:
(a) ‘‘Tribal Nation’’ means an American Indian or
Alaska Native tribe, band, nation, pueblo, village, or
community that the Secretary of the Interior acknowledges as a federally recognized tribe pursuant to the
Federally Recognized Indian Tribe List Act of 1994, 25
U.S.C. 5130, 5131.
(b) ‘‘Alaska Native Entities’’ includes ‘‘Alaska Native
Corporations,’’ which refer to village and regional Alaska Native corporations organized in accordance with
the Alaska Native Claims Settlement Act (ANCSA), as
amended, 43 U.S.C. 1601, et seq., and the 12 regional nonprofit associations identified under section 7 of ANCSA,
43 U.S.C. 1606, that provide many social services for
Alaska Natives, including those related to education.
(c) ‘‘Native American’’ and ‘‘Native’’ mean members
of one or more Tribal Nations.
(d) ‘‘Public school’’ means a Head Start center or a
prekindergarten, elementary, or secondary school that
is predominantly funded through the Federal Government, a State, a local educational agency, a Tribal Nation government, or an Alaska Native Entity, including
a school operated directly by, through a contract with,
or a grant from the BIE, a Tribal Nation, or a State,
county, or local government.
(e) ‘‘Tribal Colleges and Universities’’ means those
institutions that are chartered under the sovereign authority of their respective Tribal Nation or by the Federal Government and that: qualify for funding under
the Tribally Controlled Colleges and Universities Assistance Act of 1978, 25 U.S.C. 1801, et seq., or the Navajo
Community College Assistance Act of 1978, 25 U.S.C.
640a note; or are listed in section 532 of the Equity in
Educational Land-Grant Status Act of 1994, 7 U.S.C. 301
note.
SEC. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
J.R. BIDEN, JR.

§ 7402. 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—
(1) to meet the unique educational and culturally related academic needs of Indian students, so that such students can meet the
challenging State academic standards;

Page 1557

TITLE 20—EDUCATION

(2) to ensure that Indian students gain
knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and
(3) to ensure that teachers, principals, other
school leaders, and other staff who serve Indian students have the ability to provide culturally appropriate and effective instruction
and supports to such students.
(Pub. L. 89–10, title VI, § 6102, formerly title VII,
§ 7102, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1907; renumbered title VI,
§ 6102, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6002(b), Dec. 10, 2015, 129 Stat.
2046, 2047.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7402, Pub. L. 89–10, title VII, § 7102, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3716, set forth findings, policy, and purpose of Bilingual
Education Act, prior to the general amendment of
former subchapter VII of this chapter by Pub. L.
107–110.
A prior section 6102 of Pub. L. 89–10 was classified to
section 7312 of this title, prior to the general amendment of former subchapter VI of this chapter by Pub.
L. 107–110.
Another prior section 6102 of Pub. L. 89–10 was classified to section 3262 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
Prior sections 7403 to 7405 were omitted in the general
amendment of former subchapter VII of this chapter by
Pub. L. 107–110.
Section 7403, Pub. L. 89–10, title VII, § 7103, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3718,
authorized appropriations for bilingual education.
Section 7404, Pub. L. 89–10, title VII, § 7104, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3718,
related to Native American and Alaska Native children
in school.
Section 7405, Pub. L. 89–10, title VII, § 7105, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3719,
related to residents of territories and freely associated
nations.
AMENDMENTS
2015—Pub. L. 114–95, § 6002(b), amended section generally. Prior to amendment, text read as follows:
‘‘(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) of this section 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;
‘‘(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.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-

§ 7422

grams and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
SUBPART 1—FORMULA GRANTS TO LOCAL
EDUCATIONAL AGENCIES

§ 7421. Purpose
It is the purpose of this subpart to support the
efforts of local educational agencies, Indian
tribes and organizations, and other entities in
developing elementary school and secondary
school programs for Indian students that are designed to—
(1) meet the unique cultural, language, and
educational needs of such students; and
(2) ensure that all students meet the challenging State academic standards.
(Pub. L. 89–10, title VI, § 6111, formerly title VII,
§ 7111, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1908; renumbered title VI,
§ 6111, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6002(c), Dec. 10, 2015, 129 Stat.
2046, 2047.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7421, Pub. L. 89–10, title VII, § 7111, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3719, related to financial assistance for bilingual education, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110.
A prior section 6111 of Pub. L. 89–10 was classified to
section 7301 of this title, prior to repeal by Pub. L.
114–95.
AMENDMENTS
2015—Pub. L. 114–95, § 6002(c), amended section generally. Prior to amendment, text read as follows: ‘‘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.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7422. Grants to local educational agencies and
tribes
(a) In general
The Secretary may make grants, from allocations made under section 7423 of this title, and
in accordance with this section and section 7423
of this title, to—
(1) local educational agencies;
(2) Indian tribes, as provided under subsection (c)(1);
(3) Indian organizations, as provided under
subsection (c)(1);
(4) consortia of 2 or more local educational
agencies, Indian tribes, Indian organizations,

§ 7422

TITLE 20—EDUCATION

or Indian community-based organizations, if
each local educational agency participating in
such a consortium, if applicable—
(A) provides an assurance that the eligible
Indian children served by such local educational agency will receive the services of
the programs funded under this subpart; and
(B) is subject to all the requirements, assurances, and obligations applicable to local
educational agencies under this subpart; and
(5) Indian community-based organizations,
as provided under subsection (d)(1).
(b) Local educational agencies
(1) Enrollment requirements
Subject to paragraph (2), 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 7427 of this
title 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) Cooperative agreements
A local educational agency may enter into a
cooperative agreement with an Indian tribe
under this subpart if such Indian tribe—
(A) represents not less than 25 percent of
the eligible Indian children who are served
by such local educational agency; and
(B) requests that the local educational
agency enter into a cooperative agreement
under this subpart.
(3) 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 and Indian organizations
(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
7424(c)(4) of this title for such grant, an Indian
tribe, an Indian organization, or a consortium
of such entities, that represents more than
one-half of the eligible Indian children who are
served by such local educational agency may
apply for such grant.
(2) Special rule
(A) In general
The Secretary shall treat each Indian
tribe, Indian organization, or consortium of
such entities applying for a grant pursuant
to paragraph (1) as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart.
(B) Exceptions
Notwithstanding subparagraph (A), such
Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(4) of section 7424 of this title or section 7428(c) or
7429 of this title.

Page 1558

(3) Assurance to serve all Indian children
An Indian tribe, Indian organization, or consortium of such entities that is eligible to
apply for a grant under paragraph (1) shall include, in the application required under section 7424 of this title, an assurance that the
entity will use the grant funds to provide services to all Indian students served by the local
educational agency.
(d) Indian community-based organization
(1) In general
If no local educational agency pursuant to
subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart in a particular community, an Indian
community-based organization serving the
community of the local educational agency
may apply for such grant.
(2) Applicability of special rule
The Secretary shall apply the special rule in
subsection (c)(2) to an Indian communitybased organization applying for a grant under
paragraph (1) in the same manner as such rule
applies to an Indian tribe, Indian organization,
or consortium described in that subsection.
(3) Definition of Indian community-based organization
In this subsection, the term ‘‘Indian community-based organization’’ means any organization that—
(A) is composed primarily of Indian parents, family members, and community members, tribal government education officials,
and tribal members, from a specific community;
(B) assists in the social, cultural, and educational development of Indians in such
community;
(C) meets the unique cultural, language,
and academic needs of Indian students; and
(D) demonstrates organizational and administrative capacity to manage the grant.
(Pub. L. 89–10, title VI, § 6112, formerly title VII,
§ 7112, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1908; renumbered title VI,
§ 6112, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), (2), 6002(d), Dec. 10, 2015, 129
Stat. 2046, 2048.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7422, Pub. L. 89–10, title VII, § 7112, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3719, related to program development and implementation grants, prior to the general amendment of former
subchapter VII of this chapter by Pub. L. 107–110.
A prior section 6112 of Pub. L. 89–19 was classified to
section 7301a of this title, prior to repeal by Pub. L.
114–95.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 6002(d)(1), added
subsec. (a) and struck out former subsec. (a). Prior to
amendment, text read as follows: ‘‘The Secretary may
make grants, from allocations made under section 7423
of this title, to local educational agencies and Indian
tribes, in accordance with this section and section 7423
of this title.’’

Page 1559

TITLE 20—EDUCATION

Subsec. (b)(1). Pub. L. 114–95, § 6002(d)(2)(A), substituted ‘‘Subject to paragraph (2), a local educational
agency shall’’ for ‘‘A local educational agency shall’’ in
introductory provisions.
Pub. L. 114–95, § 6001(b)(2), made technical amendment
to reference in original act which appears in introductory provisions as reference to section 7427 of this title.
Subsec. (b)(2), (3). Pub. L. 114–95, § 6002(d)(2)(B), (C),
added par. (2) and redesignated former par. (2) as (3).
Subsecs. (c), (d). Pub. L. 114–95, § 6002(d)(3), added subsecs. (c) and (d) and struck out former subsec. (c) which
allowed certain Indian tribes to apply for grants.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7423. 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—
(A) the number of Indian children who are
eligible under section 7427 of this title 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 7422
of this title, and a school that is operated or
supported by the Bureau of Indian Education
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—

§ 7423

(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 Education
(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 Education; 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 [25 U.S.C.
5321 et seq.] or the Tribally Controlled
Schools Act of 1988 [25 U.S.C. 2501 et seq.];
and
(B) the greater of—
(i) the average per pupil expenditure of
the State in which the school is located; or
(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 7424 of this title, 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 7424(c)(4) of this title, section 7428(c) of
this title, or section 7429 of this title.
(e) Ratable reductions
If the sums appropriated for any fiscal year
under 7492(a) 1 of this title 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.
(Pub. L. 89–10, title VI, § 6113, formerly title VII,
§ 7113, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1908, renumbered title VI,
§ 6113, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), (3), § 6002(e), Dec. 10, 2015, 129
Stat. 2046, 2049.)
Editorial Notes
REFERENCES IN TEXT
The Indian Self-Determination Act, referred to in
subsec. (d)(1)(A)(ii), is title I of Pub. L. 93–638, Jan. 4,
1 So

in original. Probably should be preceded by ‘‘section’’.

TITLE 20—EDUCATION

§ 7424

1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indians. For complete classification of this Act to the Code,
see Short Title note set out under section 5301 of Title
25 and Tables.
The Tribally Controlled Schools Act of 1988, referred
to in subsec. (d)(1)(A)(ii), is part B (§ 5201–5212) of title
V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as
amended, which is classified generally to chapter 27
(§ 2501 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note
set out under section 2501 of Title 25 and Tables.
PRIOR PROVISIONS
A prior section 7423, Pub. L. 89–10, title VII, § 7113, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3720, related to program enhancement projects, prior to
the general amendment of former subchapter VII of
this chapter by Pub. L. 107–110.
A prior section 6113 of Pub. L. 89–10 was classified to
section 7301b of this title, prior to repeal by Pub. L.
114–95.
AMENDMENTS
2015—Subsec. (a)(1)(A). Pub. L. 114–95, § 6001(b)(3)(A),
made technical amendment to reference in original act
which appears in text as reference to section 7427 of
this title.
Subsec. (b)(1). Pub. L. 114–95, § 6002(e)(1), substituted
‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian
Affairs’’.
Pub. L. 114–95, § 6001(b)(3)(B), made technical amendment to reference in original act which appears in text
as reference to section 7422 of this title.
Subsec. (d). Pub. L. 114–95, § 6002(e)(2)(A), substituted
‘‘Indian Education’’ for ‘‘Indian Affairs’’ in heading.
Subsec. (d)(1)(A)(i). Pub. L. 114–95, § 6002(e)(2)(B), substituted ‘‘Bureau of Indian Education’’ for ‘‘Bureau of
Indian Affairs’’.
Subsec. (d)(2). Pub. L. 114–95, § 6001(b)(3)(C), made
technical amendment to references in original act
which appear in text as references to sections 7424,
7424(c)(4), 7428(c), and 7429 of this title.
Subsec. (e). Pub. L. 114–95, § 6001(b)(3)(D), substituted
‘‘7492(a) of this title’’ for ‘‘section 7492(a) of this title’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7424. Applications
(a) Application required
Each entity described in section 7422(a) of this
title 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
Indian students;
(2)(A) is consistent with the State, tribal,
and local plans submitted under other provisions of this chapter; and

Page 1560

(B) includes program objectives and outcomes for activities under this subpart that
are based on the same challenging State academic standards developed by the State under
subchapter I for all students;
(3) explains how the grantee will use funds
made available under this subpart to supplement other Federal, State, and local programs
that meet the needs of Indian students;
(4) demonstrates how funds made available
under this subpart will be used for activities
described in section 7425 of this title;
(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;
(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—
(i) the committee described in subsection
(c)(4);
(ii) the community served by the local
educational agency; and
(iii) the Indian tribes whose children are
served by the local educational agency,
consistent with section 1232g of this title
(commonly referred to as the ‘‘Family
Educational Rights and Privacy Act of
1974’’); and
(C) is responding to findings of any previous assessments that are similar to the assessments described in subparagraph (A);
and
(7) describes the process the local educational agency used to meaningfully collaborate with Indian tribes located in the community in a timely, active, and ongoing manner
in the development of the comprehensive program and the actions taken as a result of such
collaboration.
(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
services described in this subsection, 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;

Page 1561

TITLE 20—EDUCATION

(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, and meet program objectives
and outcomes for activities under this subpart; and
(C) determine the extent to which such activities by the local educational agency address the unique cultural, language, and educational needs of Indian students;
(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 Indian 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, representatives of Indian
tribes on Indian lands located within 50
miles of any school that the agency will
serve if such tribes have any children in such
school, Indian organizations, 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;
(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 and family members of Indian
children in the local educational agency’s
schools;
(ii) representatives of Indian tribes on
Indian lands located within 50 miles of any
school that the agency will serve if such
tribes have any children in such school;
(iii) teachers in the schools; and
(iv) if appropriate, Indian students attending secondary schools of the agency;
(B) a majority of whose members are parents and family members of Indian children;
(C) with respect to an application describing a schoolwide program in accordance with
section 7425(c) of this title, that has—
(i) reviewed in a timely fashion the program;
(ii) determined that the program will not
diminish the availability of culturally related activities for Indian students; and
(iii) determined that the program will directly enhance the educational experience
of Indian students; and
(D) that has adopted reasonable bylaws for
the conduct of the activities of the committee and abides by such bylaws;
(5) the local educational agency will coordinate activities under this subchapter with

§ 7424

other Federal programs supporting educational and related services administered by
such agency;
(6) the local educational agency conducted
outreach to parents and family members to
meet the requirements under this paragraph;
(7) the local educational agency will use
funds received under this subpart only for activities described and authorized in this subpart; and
(8) the local educational agency 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 and family members of the children, and representatives of the
area, to be served.
(d) Technical assistance
The Secretary shall, directly or by contract,
provide technical assistance to a local educational agency or Bureau of Indian Education
school upon request (in addition to any technical assistance available under other provisions
of this chapter or available through the Institute of Education Sciences) to support the services and activities provided under this subpart,
including technical assistance for—
(1) the development of applications under
this subpart, including identifying eligible entities that have not applied for such grants
and undertaking appropriate activities to encourage such entities to apply for grants under
this subpart;
(2) improvement in the quality of implementation, content, and evaluation of activities
supported under this subpart; and
(3) integration of activities under this subpart with other educational activities carried
out by the local educational agency.
(Pub. L. 89–10, title VI, § 6114, formerly title VII,
§ 7114, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1910, renumbered title VI,
§ 6114, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), (4), § 6002(f), Dec. 10, 2015, 129
Stat. 2046, 2049.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7424, Pub. L. 89–10, title VII, § 7114, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3721, related to comprehensive school grants, prior to
the general amendment of former subchapter VII of
this chapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 6002(f)(1), substituted ‘‘Each entity described in section 7422(a) of
this title’’ for ‘‘Each local educational agency’’.
Subsec. (b)(1). Pub. L. 114–95, § 6002(f)(2)(A), substituted ‘‘Indian’’ for ‘‘American Indian and Alaska Native’’.
Subsec. (b)(2)(A). Pub. L. 114–95, § 6002(f)(2)(B)(i), substituted ‘‘is consistent with the State, tribal, and local
plans’’ for ‘‘is consistent with the State and local
plans’’.
Subsec. (b)(2)(B). Pub. L. 114–95, § 6002(f)(2)(B)(ii),
added subpar. (B) and struck out former subpar. (B)
which read as follows: ‘‘includes academic content and
student academic achievement goals for such children,

§ 7425

TITLE 20—EDUCATION

and benchmarks for attaining such goals, that are
based on the challenging State academic content and
student academic achievement standards adopted
under subchapter I of this chapter for all children;’’.
Subsec. (b)(3). Pub. L. 114–95, § 6002(f)(2)(C), added par.
(3) and struck out former par. (3) which read as follows:
‘‘explains how Federal, State, and local programs, especially programs carried out under subchapter I of this
chapter, will meet the needs of such students;’’.
Subsec. (b)(4). Pub. L. 114–95, § 6001(b)(4)(A), made
technical amendment to reference in original act which
appears in text as reference to section 7425 of this title.
Subsec. (b)(6)(B)(iii). Pub. L. 114–95, § 6002(f)(2)(E)(i),
added cl. (iii).
Subsec. (b)(7). Pub. L. 114–95, § 6002(f)(2)(D), (E)(ii),
(F), added par. (7).
Subsec. (c)(1). Pub. L. 114–95, § 6002(f)(3)(A), substituted ‘‘for services described in this subsection,’’ for
‘‘for the education of Indian children,’’.
Subsec. (c)(2)(B). Pub. L. 114–95, § 6002(f)(3)(B)(ii), substituted ‘‘served by such agency, and meet program objectives and outcomes for activities under this subpart;
and’’ for ‘‘served by such agency;’’.
Subsec. (c)(2)(C). Pub. L. 114–95, § 6002(f)(3)(B)(i), (iii),
added subpar. (C).
Subsec. (c)(3)(A). Pub. L. 114–95, § 6002(f)(3)(C)(i), substituted ‘‘Indian’’ for ‘‘American Indian and Alaska Native’’.
Subsec. (c)(3)(C). Pub. L. 114–95, § 6002(f)(3)(C)(ii), inserted ‘‘representatives of Indian tribes on Indian lands
located within 50 miles of any school that the agency
will serve if such tribes have any children in such
school, Indian organizations,’’ after ‘‘parents of Indian
children and teachers,’’ and struck out ‘‘and’’ after
semicolon.
Subsec. (c)(4)(A)(i). Pub. L. 114–95, § 6002(f)(3)(D)(i)(I),
inserted ‘‘and family members’’ after ‘‘parents’’.
Subsec. (c)(4)(A)(ii) to (iv). Pub. L. 114–95,
§ 6002(f)(3)(D)(i)(II), (III), added cl. (ii) and redesignated
former cls. (ii) and (iii) as (iii) and (iv), respectively.
Subsec. (c)(4)(B). Pub. L. 114–95, § 6002(f)(3)(D)(ii),
added subpar. (B) and struck out former subpar. (B)
which read as follows: ‘‘a majority of whose members
are parents of Indian children;’’.
Subsec. (c)(4)(C). Pub. L. 114–95, § 6002(f)(3)(D)(iii), (iv),
redesignated subpar. (D) as (C) and struck out former
subpar. (C) which read as follows: ‘‘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;’’.
Subsec.
(c)(4)(C)(ii).
Pub.
L.
114–95,
§ 6002(f)(3)(D)(v)(II), substituted ‘‘Indian’’ for ‘‘American
Indian and Alaska Native’’.
Subsec.
(c)(4)(C)(iii).
Pub.
L.
114–95,
§ 6002(f)(3)(D)(v)(I), (III), added cl. (iii).
Subsec. (c)(4)(D). Pub. L. 114–95, § 6002(f)(3)(D)(iv), (vi),
redesignated subpar. (E) as (D) and substituted semicolon for period at end. Former subpar. (D) redesignated (C).
Pub. L. 114–95, § 6001(b)(4)(B), made technical amendment to reference in original act which appears in text
of introductory provisions as reference to section
7425(c) of this title.
Subsec. (c)(4)(E). Pub. L. 114–95, § 6002(f)(3)(D)(iv), redesignated subpar. (E) as (D).
Subsec. (c)(5) to (8). Pub. L. 114–95, § 6002(f)(3)(E),
added pars. (5) to (8).
Subsec. (d). Pub. L. 114–95, § 6002(f)(4), added subsec.
(d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.

Page 1562

L. 114–95, set out as a note under section 6301 of this
title.

§ 7425. 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 7421 of this title, 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 7424(a)
of this title solely for the services and activities described in such application;
(2) are designed to be responsive to 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) activities that support Native American
language programs and Native American language restoration programs, which may be
taught by traditional leaders;
(2) culturally related activities that support
the program described in the application submitted by the local educational agency;
(3) early childhood and family programs that
emphasize school readiness;
(4) enrichment programs that focus on problem solving and cognitive skills development
and directly support the attainment of challenging State academic standards;
(5) integrated educational services in combination with other programs that meet the
needs of Indian children and their families, including programs that promote parental involvement in school activities and increase
student achievement;
(6) career preparation activities to enable Indian students to participate in programs such
as the programs supported by the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.), including programs
for mentoring and apprenticeship;
(7) activities to educate individuals so as to
prevent violence, suicide, and substance abuse;
(8) the acquisition of equipment, but only if
the acquisition of the equipment is essential
to achieve the purpose described in section
7421 of this title;
(9) activities that promote the incorporation
of culturally responsive teaching and learning
strategies into the educational program of the
local educational agency;
(10) family literacy services;
(11) activities that recognize and support the
unique cultural and educational needs of Indian children, and incorporate appropriately
qualified tribal elders and seniors;
(12) dropout prevention strategies for Indian
students; and
(13) strategies to meet the educational needs
of at-risk Indian students in correctional facilities, including such strategies that support

Page 1563

TITLE 20—EDUCATION

Indian students who are transitioning from
such facilities to schools served by local educational agencies.
(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 6314
of this title if—
(1) the committee established pursuant to
section 7424(c)(4) of this title approves the use
of the funds for the schoolwide program;
(2) the schoolwide program is consistent
with the purpose described in section 7421 of
this title; and
(3) the local educational agency identifies in
its application how the use of such funds in a
schoolwide program will produce benefits to
Indian students that would not be achieved if
the funds were not used in a schoolwide program.
(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.
(e) Limitation on the use of funds
Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities that are available
locally or regionally.
(Pub. L. 89–10, title VI, § 6115, formerly title VII,
§ 7115, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1912; amended Pub. L.
109–270, § 2(f)(4), Aug. 12, 2006, 120 Stat. 747, renumbered title VI, § 6115, and amended Pub. L.
114–95, title VI, §§ 6001(a), (b)(1), (5), 6002(g), Dec.
10, 2015, 129 Stat. 2046, 2052; Pub. L. 115–224, title
III, § 302(2), July 31, 2018, 132 Stat. 1623.)
Editorial Notes
REFERENCES IN TEXT
The Carl D. Perkins Career and Technical Education
Act of 2006, referred to in subsec. (b)(6), is Pub. L.
88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally
by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683,
which is classified generally to chapter 44 (§ 2301 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
2301 of this title and Tables.
PRIOR PROVISIONS
A prior section 7425, Pub. L. 89–10, title VII, § 7115, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3722, related to systemwide improvement grants, prior
to the general amendment of former subchapter VII of
this chapter by Pub. L. 107–110.
AMENDMENTS
2018—Subsec. (b)(6). Pub. L. 115–224 substituted ‘‘mentoring’’ for ‘‘tech-prep education, mentoring,’’.
2015—Subsec. (a). Pub. L. 114–95, § 6001(b)(5)(A)(i),
made technical amendment to reference in original act
which appears in text of introductory provisions as reference to section 7421 of this title.
Subsec. (a)(1). Pub. L. 114–95, § 6002(g)(1)(A), inserted
‘‘solely for the services and activities described in such
application’’ before semicolon.
Pub. L. 114–95, § 6001(b)(5)(A)(ii), made technical
amendment to reference in original act which appears
in text as reference to section 7424(a) of this title.

§ 7426

Subsec. (a)(2). Pub. L. 114–95, § 6002(g)(1)(B), substituted ‘‘to be responsive to’’ for ‘‘with special regard
for’’.
Subsec. (b). Pub. L. 114–95, § 6002(g)(2), added subsec.
(b) and struck out former subsec. (b) which related to
particular authorized services and activities of local
educational agencies receiving grant funds.
Subsec. (c)(1). Pub. L. 114–95, § 6001(b)(5)(B)(i), made
technical amendment to reference in original act which
appears in text as reference to section 7424(c)(4) of this
title.
Subsec. (c)(2). Pub. L. 114–95, § 6001(b)(5)(B)(ii), made
technical amendment to reference in original act which
appears in text as reference to section 7421 of this title.
Subsec. (c)(3). Pub. L. 114–95, § 6002(g)(3), added par.
(3).
Subsec. (e). Pub. L. 114–95, § 6002(g)(4), added subsec.
(e).
2006—Subsec. (b)(5). Pub. L. 109–270 substituted ‘‘Carl
D. Perkins Career and Technical Education Act of 2006’’
for ‘‘Carl D. Perkins Vocational and Technical Education Act of 1998’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–224 effective July 1, 2019,
see section 4 of Pub. L. 115–224, set out as a note under
section 2301 of this title.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7426. Integration of services authorized
(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—

§ 7426

TITLE 20—EDUCATION

(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;
(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 7424(c)(4) of this title, 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 December 10,
2015, the Secretary of Education, the Secretary
of the Interior, the Secretary of Health and
Human Services, and the head of any other Federal department or agency identified by the Secretary of Education, shall enter into an interdepartmental memorandum of agreement pro-

Page 1564

viding for the implementation and coordination
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 [25 U.S.C. 2001 et
seq.]; 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 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, ex-

Page 1565

TITLE 20—EDUCATION

§ 7427

cept 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.
(o) Report on statutory obstacles to program integration
(1) Preliminary report
Not later than 2 years after December 10,
2015, 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 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 December 10,
2015, 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.
(p) Definitions

Jan. 8, 2002, 115 Stat. 1913; renumbered title VI,
§ 6116, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), (6), 6002(h), Dec. 10, 2015, 129
Stat. 2046, 2047, 2053.)

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 [25 U.S.C. 2001 et
seq.]; or
(2) the Secretary of Education, in the case of
any other entity.

§ 7427. Student eligibility forms

(Pub. L. 89–10, title VI, § 6116, formerly title VII,
§ 7116, as added Pub. L. 107–110, title VII, § 701,

Editorial Notes
REFERENCES IN TEXT
The Education Amendments of 1978, referred to in
subsecs. (g)(1) and (p)(1), is Pub. L. 95–561, Nov. 1, 1978,
92 Stat. 2143, as amended. Title XI of the Act is classified principally to chapter 22 (§ 2001 et seq.) of Title 25,
Indians. For complete classification of this Act to the
Code, see Short Title of 1978 Amendment note set out
under section 6301 of this title and Tables.
PRIOR PROVISIONS
A prior section 7426, Pub. L. 89–10, title VII, § 7116, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3723, related to applications for grants, prior to the
general amendment of former subchapter VII of this
chapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (d)(9). Pub. L. 114–95, § 6001(b)(6), made
technical amendment to reference in original act which
appears in text as reference to section 7424(c)(4) of this
title.
Subsec. (g). Pub. L. 114–95, § 6002(h)(1), in introductory
provisions, substituted ‘‘December 10, 2015’’ for ‘‘January 8, 2002’’ and inserted ‘‘the Secretary of Health and
Human Services,’’ after ‘‘the Secretary of the Interior,’’ and ‘‘and coordination’’ after ‘‘providing for the
implementation’’.
Subsec. (o)(1). Pub. L. 114–95, § 6002(h)(2)(A), substituted ‘‘December 10, 2015’’ for ‘‘January 8, 2002’’.
Subsec. (o)(2). Pub. L. 114–95, § 6002(h)(2)(B), substituted ‘‘December 10, 2015’’ for ‘‘January 8, 2002’’ and
struck out last sentence which read as follows: ‘‘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.’’
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

(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

§ 7427

TITLE 20—EDUCATION

subsection (b). All individual data collected
shall be protected by the local educational agencies and only aggregated data shall be reported
to the Secretary.
(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 7491 of this title)
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;
(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 7491 of
this title.
(d) Documentation and types of proof
(1) Types of proof
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 7423 of this title, 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.
(2) No new or duplicative determinations
Once a child is determined to be an Indian
eligible to be counted for such grant award,
the local educational agency shall maintain a
record of such determination and shall not require a new or duplicate determination to be
made for such child for a subsequent application for a grant under this subpart.
(3) Previously filed forms
An Indian student eligibility form that was
on file as required by this section on the day

Page 1566

before December 10, 2015, and that met the requirements of this section, as this section was
in effect on the day before December 10, 2015,
shall remain valid for such Indian student.
(e) 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 7423 of
this title.
(f) 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 Education, the Secretary shall use only
one of the following, as selected by the school:
(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.
(g) 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 (f)(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

Page 1567

TITLE 20—EDUCATION

by the Secretary for submitting an application
under section 7424 of this title; 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.
(Pub. L. 89–10, title VI, § 6117, formerly title VII,
§ 7117, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1916; renumbered title VI,
§ 6117, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), (7), 6002(i), Dec. 10, 2015, 129 Stat.
2046, 2047, 2053.)
Editorial Notes
REFERENCES IN TEXT
The Indian Elementary and Secondary School Assistance Act, referred to in subsec. (e)(1)(B), is title III of
act Sept. 30, 1950, ch. 1124, as added by Pub. L. 92–318,
title IV, § 411(a), June 23, 1972, 86 Stat. 335, which was
classified generally to subchapter III (§ 241aa et seq.) of
chapter 13 of this title, prior to repeal by Pub. L.
100–297, title V, § 5352(1), Apr. 28, 1988, 102 Stat. 414.
PRIOR PROVISIONS
A prior section 7427, Pub. L. 89–10, title VII, § 7117, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3727, related to intensified instruction for limited
English proficient students, prior to the general
amendment of former subchapter VII of this chapter by
Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 6002(i)(1), inserted
at end ‘‘All individual data collected shall be protected
by the local educational agencies and only aggregated
data shall be reported to the Secretary.’’
Subsec. (b)(1)(A)(i). Pub. L. 114–95, § 6001(b)(7)(A),
made technical amendment to reference in original act
which appears in text as reference to section 7491 of
this title.
Subsec. (c). Pub. L. 114–95, § 6001(b)(7)(B), made technical amendment to reference in original act which appears in text as reference to section 7491 of this title.
Subsec. (d). Pub. L. 114–95, § 6002(i)(4), added subsec.
(d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘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 7423 of this title, 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) of this section shall be construed to require
the furnishing of an enrollment number.’’
Pub. L. 114–95, § 6002(i)(2), (3), redesignated subsec. (e)
as (d) and struck out former subsec. (d) which related
to forms and standards of proof.
Subsec. (e). Pub. L. 114–95, § 6002(i)(3), redesignated
subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 114–95, § 6002(i)(5), which directed
substitution of ‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian Affairs’’ in subsec. (f) as redesignated by
section 6002(i)(4) of Pub. L. 114–95, was executed by
making the substitution in introductory provisions of
subsec. (f) as redesignated by section 6002(i)(3) of Pub.
L. 114–95, to reflect the probable intent of Congress.
Pub. L. 114–95, § 6002(i)(3), redesignated subsec. (g) as
(f). Former subsec. (f) redesignated (e).
Subsec. (f)(3). Pub. L. 114–95, § 6001(b)(7)(C), made
technical amendment to reference in original act which
appears in text as reference to section 7423 of this title.
Subsec. (g). Pub. L. 114–95, § 6002(i)(6), which directed
substitution of ‘‘subsection (f)(1)’’ for ‘‘subsection
(g)(1)’’ in subsec. (g) as redesignated by section

§ 7428

6002(i)(4) of Pub. L. 114–95, was executed by making the
substitution in introductory provisions of subsec. (g) as
redesignated by section 6002(i)(3) of Pub. L. 114–95, to
reflect the probable intent of Congress.
Pub. L. 114–95, § 6002(i)(3), redesignated subsec. (h) as
(g). Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 114–95, § 6002(i)(3), redesignated
subsec. (h) as (g).
Subsec. (h)(1). Pub. L. 114–95, § 6001(b)(7)(D), made
technical amendment to reference in original act which
appears in text as reference to section 7424 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7428. 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 7423 of this title. 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 1 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
Each local educational agency shall maintain
fiscal effort in accordance with section 7901 of
this title or be subject to reduced payments
under this subpart in accordance with such section 7901 of this title.
(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.
(Pub. L. 89–10, title VI, § 6118, formerly title VII,
§ 7118, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1918; renumbered title VI,
§ 6118, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), (8), 6002(j), Dec. 10, 2015, 129 Stat.
2046, 2047, 2054.)
1 So

in original. Probably should be ‘‘this subpart’’.

TITLE 20—EDUCATION

§ 7429

Page 1568

Editorial Notes

AMENDMENTS

PRIOR PROVISIONS

2015—Pub. L. 114–95, § 6001(b)(9), made technical
amendment to reference in original act which appears
in text as reference to section 7424 of this title.

A prior section 7428, Pub. L. 89–10, title VII, § 7118, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3727, related to capacity building, prior to the general
amendment of former subchapter VII of this chapter by
Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 6001(b)(8), made
technical amendment to reference in original act which
appears in text as reference to section 7423 of this title.
Subsec. (c). Pub. L. 114–95, § 6002(j), added subsec. (c)
and struck out former subsec. (c) which related to reduction of payment for failure to maintain fiscal effort
with possibility of temporary waiver.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7429. State educational agency review
Before submitting an application to the Secretary under section 7424 of this title, 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.
(Pub. L. 89–10, title VI, § 6119, formerly title VII,
§ 7119, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1919; renumbered title VI,
§ 6119, and amended Pub. L. 114–95, title VI,
§ 6001(a), (b)(1), (9), Dec. 10, 2015, 129 Stat. 2046,
2047.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7429, Pub. L. 89–10, title VII, § 7119, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3727, authorized subgrants, prior to the general amendment of former subchapter VII of this chapter by Pub.
L. 107–110.
Prior sections 7430 to 7434 were omitted in the general
amendment of former subchapter VII of this chapter by
Pub. L. 107–110.
Section 7430, Pub. L. 89–10, title VII, § 7120, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3727,
related to priority on funding of programs for limited
English proficient students.
Section 7431, Pub. L. 89–10, title VII, § 7121, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3728,
related to coordination with other programs.
Section 7432, Pub. L. 89–10, title VII, § 7122, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3728,
related to programs for Native Americans and Puerto
Rico.
Section 7433, Pub. L. 89–10, title VII, § 7123, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3728,
related to evaluations.
Section 7434, Pub. L. 89–10, title VII, § 7124, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3728,
related to construction of provisions.

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO
IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN

§ 7441. Improvement of educational opportunities
for Indian children and youth
(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 and youth.
(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 chapter; and
(B) other Federal programs operated for
the benefit of Indian children and youth.
(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, a Tribal
College or University (as defined in section
1059c(b) of this title), or a consortium of such
entities.
(c) Grants authorized
The Secretary shall award grants to eligible
entities to enable such entities to carry out activities that meet the purpose of this section,
including—
(1) innovative programs related to the educational needs of educationally disadvantaged
Indian children and youth;
(2) educational services that are not available to such children and youth in sufficient
quantity or quality, including remedial instruction, to raise the achievement of Indian
children in one or more of the subjects of
English, mathematics, science, foreign languages, art, history, and geography;
(3) bilingual and bicultural programs and
projects;
(4) special health and nutrition services, and
other related activities, that address the special health, social, and psychological problems
of Indian children and youth;
(5) special compensatory and other programs
and projects designed to assist and encourage
Indian children and youth to enter, remain in,
or reenter school, and to increase the rate of

Page 1569

TITLE 20—EDUCATION

high school graduation for Indian children and
youth;
(6) comprehensive guidance, counseling, and
testing services;
(7) early childhood education programs that
are effective in preparing young children to
make sufficient academic growth by the end of
grade 3, including kindergarten and pre-kindergarten programs, family-based preschool
programs that emphasize school readiness,
screening and referral, and the provision of
services to Indian children and youth with disabilities;
(8) 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;
(9) 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 career;
(10) programs designed to encourage and assist Indian students to work toward, and gain
entrance into, institutions of higher education;
(11) family literacy services;
(12) activities that recognize and support the
unique cultural and educational needs of Indian children and youth, and incorporate traditional leaders;
(13) high-quality professional development of
teaching professionals and paraprofessionals;
or
(14) other services that meet the purpose described in this section.
(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 award grants for an
initial period of not more than 3 years and
may renew such grants for not more than an
additional 2 years 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 Sec-

§ 7441

retary 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 and family 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 is an evidence-based
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
(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.
(Pub. L. 89–10, title VI, § 6121, formerly title VII,
§ 7121, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1919; renumbered title VI,
§ 6121, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6002(k), Dec. 10, 2015, 129 Stat.
2046, 2054.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6121 of Pub. L. 89–10 was renumbered
section 5101 and is classified to section 7305 of this title.
AMENDMENTS
2015—Pub. L. 114–95, § 6002(k)(1), substituted ‘‘Improvement of educational opportunities for Indian chil-

§ 7442

TITLE 20—EDUCATION

dren and youth’’ for ‘‘Improvement of educational opportunities for Indian children’’ in section catchline.
Subsec. (a)(1). Pub. L. 114–95, § 6002(k)(2)(A), inserted
‘‘and youth’’ after ‘‘Indian children’’.
Subsec. (a)(2)(B). Pub. L. 114–95, § 6002(k)(2)(B), substituted ‘‘Indian children and youth’’ for ‘‘American Indian and Alaska Native children’’.
Subsec. (b). Pub. L. 114–95, § 6002(k)(3), substituted ‘‘a
Tribal College or University (as defined in section
1059c(b) of this title)’’ for ‘‘Indian institution (including
an Indian institution of higher education)’’.
Subsec. (c). Pub. L. 114–95, § 6002(k)(4), added subsec.
(c) and struck out former subsec. (c) which related to
grants authorized, consisting of pars. (1) and (2).
Subsec. (d)(1)(C). Pub. L. 114–95, § 6002(k)(5)(A), substituted ‘‘award grants for an initial period of not more
than 3 years and may renew such grants for not more
than an additional 2 years if the Secretary determines’’
for ‘‘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’’.
Subsec. (d)(3)(B)(i). Pub. L. 114–95, § 6002(k)(5)(B)(i),
substituted ‘‘parents and family of Indian children’’ for
‘‘parents of Indian children’’.
Subsec. (d)(3)(B)(iii). Pub. L. 114–95, § 6002(k)(5)(B)(ii),
substituted ‘‘information demonstrating that the proposed program is an evidence-based program’’ for ‘‘information demonstrating that the proposed program
for the activities is a scientifically based research program’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7442. Professional development for teachers
and education professionals
(a) Purposes
The purposes of this section are—
(1) to increase the number of qualified Indian teachers and administrators serving Indian students;
(2) to provide pre- and in-service training
and support to qualified Indian individuals to
enable such individuals to become effective
teachers, principals, other school leaders, administrators, paraprofessionals, counselors,
social workers, and specialized instructional
support personnel;
(3) to improve the skills of qualified Indian
individuals who serve in the capacities described in paragraph (2); and
(4) to develop and implement initiatives to
promote retention of effective teachers, principals, and school leaders who have a record of
success in helping low-achieving Indian students improve their academic achievement,
outcomes, and preparation for postsecondary
education or employment.
(b) Eligible entities
For the purpose of this section, the term ‘‘eligible entity’’ means—
(1) an institution of higher education, including a Tribal College or University, as defined in section 1059c(b) of this title;
(2) a State educational agency or local educational agency, in consortium with an institution of higher education;

Page 1570

(3) an Indian tribe or organization, in consortium with an institution of higher education; and
(4) a Bureau-funded school (as defined in section 2026 1 of title 25) in a consortium with at
least one Tribal College or University, as defined in section 1059c(b) of this title, where
feasible.
(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 purpose of this section. Such activities may include—
(A)
continuing
education
programs,
symposia, workshops, and conferences;
(B) teacher mentoring programs, professional guidance, and instructional support
provided by educators, local traditional
leaders, or cultural experts, as appropriate
for teachers during their first 3 years of employment as teachers;
(C) direct financial support; and
(D) programs designed to train traditional
leaders and cultural experts to assist those
personnel referenced in subsection (a)(2), as
appropriate, with relevant Native language
and cultural mentoring, guidance, and support.
(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 and in such manner as
the Secretary may reasonably require. At a minimum, an application under this section shall
describe how the eligible entity will—
(1) recruit qualified Indian individuals, such
as students who may not be of traditional college age, to become teachers, principals, or
school leaders;
(2) use funds made available under the grant
to support the recruitment, preparation, and
professional development of Indian teachers or
principals in local educational agencies that
serve a high proportion of Indian students; and
(3) assist participants in meeting the requirements under subsection (h).
1 See

References in Text note below.

Page 1571

TITLE 20—EDUCATION

(f) Special rule
In awarding grants under this section, the Secretary—
(1) may give priority to Tribal Colleges and
Universities;
(2) shall consider the prior performance of
the eligible entity; and
(3) may not limit eligibility to receive a
grant under this section on the basis of the
length of any period for which the eligible entity has received a grant.
(g) Grant period
The Secretary shall award grants under this
section for an initial period of not more than 3
years, and may renew such grants for an additional period of not more than 2 years if the Secretary finds that the grantee is achieving the
objectives of the grant.
(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 students in a
local educational agency that serves a
high proportion of Indian students; 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).
(Pub. L. 89–10, title VI, § 6122, formerly title VII,
§ 7122, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1922; renumbered title VI,
§ 6122, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6002(l), Dec. 10, 2015, 129 Stat.
2046, 2056.)

§ 7451

trators, teacher aides, social workers, and ancillary
educational personnel; and’’.
Subsec. (a)(4). Pub. L. 114–95, § 6002(l)(1)(C), (D), added
par. (4).
Subsec. (b)(1). Pub. L. 114–95, § 6002(l)(2)(A), substituted ‘‘including a Tribal College or University, as
defined in section 1059c(b) of this title’’ for ‘‘including
an Indian institution of higher education’’.
Subsec. (b)(4). Pub. L. 114–95, § 6002(l)(2)(B), inserted
before period at end ‘‘in a consortium with at least one
Tribal College or University, as defined in section
1059c(b) of this title, where feasible’’.
Subsec. (d)(1). Pub. L. 114–95, § 6002(l)(3), substituted
‘‘purpose of this section.’’ for ‘‘purposes of this section.’’ and ‘‘Such activities may include—’’ and subpars. (A) to (D) for ‘‘Such activities may include continuing programs, symposia, workshops, conferences,
and direct financial support, and may include programs
designed to train tribal elders and seniors.’’
Subsec. (e). Pub. L. 114–95, § 6002(l)(4), added subsec.
(e) and struck out former subsec. (e). Prior to amendment, text read as follows: ‘‘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.’’
Subsec. (f). Pub. L. 114–95, § 6002(l)(5), added par. (1),
redesignated former pars. (1) and (2) as (2) and (3), respectively, and, in par. (3), substituted ‘‘basis of the
length of any period for which the eligible entity has
received a grant.’’ for ‘‘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.’’
Subsec. (g). Pub. L. 114–95, § 6002(l)(6), added subsec.
(g) and struck out former subsec. (g). Prior to amendment, text read as follows: ‘‘Each grant under this section shall be awarded for a period of not more than 5
years.’’
Subsec. (h)(1)(A)(ii). Pub. L. 114–95, § 6002(l)(7), substituted ‘‘students in a local educational agency that
serves a high proportion of Indian students’’ for ‘‘people’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
SUBPART 3—NATIONAL ACTIVITIES

Editorial Notes
REFERENCES IN TEXT
Section 2026 of title 25, referred to in subsec. (b)(4),
was omitted in the general amendment of chapter 22 of
Title 25, Indians, by Pub. L. 107–110, title X, § 1042, Jan.
8, 2002, 115 Stat. 2007. See section 2021 of Title 25.
PRIOR PROVISIONS
A prior section 6122 of Pub. L. 89–10 was renumbered
section 5102 and is classified to section 7305a of this
title.
AMENDMENTS
2015—Subsec. (a)(1). Pub. L. 114–95, § 6002(l)(1)(A),
added par. (1) and struck out former par. (1) which read
as follows: ‘‘to increase the number of qualified Indian
individuals in teaching or other education professions
that serve Indian people;’’.
Subsec. (a)(2). Pub. L. 114–95, § 6002(l)(1)(B), added par.
(2) and struck out former par. (2) which read as follows:
‘‘to provide training to qualified Indian individuals to
enable such individuals to become teachers, adminis-

§ 7451. National research activities
(a) Authorized activities
The Secretary may use funds made available
to carry out this subpart 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

TITLE 20—EDUCATION

§ 7452

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 Institute of Education Sciences to ensure
that such activities are coordinated with and
enhance the research and development activities supported by the Institute; and
(2) may include collaborative research activities that are jointly funded and carried out
by the Office of Indian Education Programs,
the Bureau of Indian Education, and the Institute of Education Sciences.
(Pub. L. 89–10, title VI, § 6131, formerly title VII,
§ 7131, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1923; amended Pub. L.
107–279, title IV, § 404(d)(5)(E), (8), Nov. 5, 2002, 116
Stat. 1986; renumbered title VI, § 6131, and
amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1),
6002(m), Dec. 10, 2015, 129 Stat. 2046, 2057.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7451, Pub. L. 89–10, title VII, § 7131, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3729, authorized research, evaluation of activities, and
dissemination of information, prior to the general
amendment of former subchapter VII of this chapter by
Pub. L. 107–110.
A prior section 6131 of Pub. L. 89–10 was classified to
section 7311 of this title, prior to repeal by Pub. L.
114–95.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 6002(m)(1), substituted ‘‘to carry out this subpart’’ for ‘‘under section
7492(b) of this title’’ in introductory provisions.
Subsec. (c)(2). Pub. L. 114–95, § 6002(m)(2), inserted
‘‘, the Bureau of Indian Education,’’ after ‘‘Office of Indian Education Programs’’.
2002—Subsec. (c)(1). Pub. L. 107–279 substituted ‘‘Institute of Education Sciences’’ for ‘‘Office of Educational
Research and Improvement’’ and ‘‘by the Institute’’ for
‘‘by the Office’’.
Subsec. (c)(2). Pub. L. 107–279, § 404(d)(5)(E), substituted ‘‘Institute of Education Sciences’’ for ‘‘Office
of Educational Research and Improvement’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7452. Grants to tribes for education administrative planning, development, and coordination
(a) In general
The Secretary may award grants under this
section to eligible applicants to enable the eligible applicants to—
(1) promote tribal self-determination in education;

Page 1572

(2) improve the academic achievement of Indian children and youth; and
(3) promote the coordination and collaboration of tribal educational agencies with State
educational agencies and local educational
agencies to meet the unique educational and
culturally related academic needs of Indian
students.
(b) Definitions
In this section:
(1) Eligible applicant
In this section, the term ‘‘eligible applicant’’
means—
(A) an Indian tribe or tribal organization
approved by an Indian tribe; or
(B) a tribal educational agency.
(2) Indian tribe
The term ‘‘Indian tribe’’ means a federally
recognized tribe or a State-recognized tribe.
(3) Tribal educational agency
The term ‘‘tribal educational agency’’ means
the agency, department, or instrumentality of
an Indian tribe that is primarily responsible
for supporting tribal students’ elementary and
secondary education.
(c) Grant program
The Secretary may award grants to—
(1) eligible applicants described under subsection (b)(1)(A) to plan and develop a tribal
educational agency, if the tribe or organization has no current tribal educational agency,
for a period of not more than 1 year; and
(2) eligible applicants described under subsection (b)(1)(B), for a period of not more than
3 years, in order to—
(A) directly administer education programs, including formula grant programs
under this chapter, consistent with State
law and under a written agreement between
the parties;
(B) build capacity to administer and coordinate such education programs, and to
improve the relationship and coordination
between such applicants and the State educational agencies and local educational
agencies that educate students from the
tribe;
(C) receive training and support from the
State educational agency and local educational agency, in areas such as data collection and analysis, grants management
and monitoring, fiscal accountability, and
other areas as needed;
(D) train and support the State educational agency and local educational agency in areas related to tribal history, language, or culture;
(E) build on existing activities or resources rather than replacing other funds;
and
(F) carry out other activities, consistent
with the purposes of this section.
(d) Grant application
(1) In general
Each eligible applicant desiring a grant
under this section shall submit an application
to the Secretary at such time and in such

Page 1573

TITLE 20—EDUCATION

manner as the Secretary may reasonably prescribe.
(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;
(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; and
(C) for applications for activities under
subsection (c)(2), evidence of—
(i) a preliminary agreement with the appropriate State educational agency, 1 or
more local educational agencies, or both
the State educational agency and a local
educational agency; and
(ii) existing capacity as a tribal educational agency.
(3) Approval
The Secretary may approve an application
submitted by an eligible applicant under this
subsection if the application, including any
documentation submitted with the application—
(A) demonstrates that the eligible applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant that 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.
(e) Restrictions
(1) In general
An Indian tribe may not receive funds under
this section if the tribe receives funds under
section 1140 of the Education Amendments of
1978 (20 U.S.C. 2020).1
(2) Direct services
No funds under this section may be used to
provide direct services.
(f) Supplement, not supplant
Funds under this section shall be used to supplement, and not supplant, other Federal, State,
and local programs that meet the needs of tribal
students.
(Pub. L. 89–10, title VI, § 6132, formerly title VII,
§ 7135, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1928; renumbered title VI,
§ 6135, renumbered § 6132, and amended Pub. L.
114–95, title VI, §§ 6001(a), (b)(1), 6002(n)(2), (p),
Dec. 10, 2015, 129 Stat. 2046, 2057, 2060.)
Editorial Notes
CODIFICATION
Section was classified to section 7455 of this title
prior to renumbering by Pub. L. 114–95.
1 So

in original. Probably should be ‘‘(25 U.S.C. 2020)’’.

§ 7453
PRIOR PROVISIONS

A prior section 7452, Pub. L. 89–10, title VI, § 6132, formerly title VII, § 7132, as added Pub. L. 107–110, title
VII, § 701, Jan. 8, 2002, 115 Stat. 1924; renumbered title
VI, § 6132, Pub. L. 114–95, title VI, § 6001(a), (b)(1), Dec.
10, 2015, 129 Stat. 2046, related to in-service training for
teachers of Indian children, prior to repeal by Pub. L.
114–95, § 5, title VI, § 6002(n)(1), Dec. 10, 2015, 129 Stat.
1806, 2057, effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs.
Another prior section 7452, Pub. L. 89–10, title VII,
§ 7132, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3729, related to research activities, prior to
the general amendment of former subchapter VII of
this chapter by Pub. L. 107–110.
A prior section 6132 of Pub. L. 89–10 was classified to
section 7311a of this title, prior to repeal by Pub. L.
114–95.
AMENDMENTS
2015—Pub. L. 114–95, § 6001(p), amended section generally. Prior to amendment, section related to grants
to Indian tribes for education administrative planning
and development.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7453. Native American and Alaska Native language immersion schools and programs
(a) Purposes
The purposes of this section are—
(1) to establish a grant program to support
schools that use Native American and Alaska
Native languages as the primary language of
instruction;
(2) to maintain, protect, and promote the
rights and freedom of Native Americans and
Alaska Natives to use, practice, maintain, and
revitalize their languages, as envisioned in the
Native American Languages Act (25 U.S.C. 2901
et seq.); and
(3) to support the Nation’s First Peoples’ efforts to maintain and revitalize their languages and cultures, and to improve educational opportunities and student outcomes
within Native American and Alaska Native
communities.
(b) Program authorized
(1) In general
From funds reserved under section 7492(c) of
this title, the Secretary shall reserve 20 percent to make grants to eligible entities to develop and maintain, or to improve and expand,
programs that support schools, including elementary school and secondary school education sites and streams, using Native American and Alaska Native languages as the primary languages of instruction.
(2) Eligible entities
In this subsection, the term ‘‘eligible entity’’ means any of the following entities that
has a plan to develop and maintain, or to improve and expand, programs that support the

§ 7453

TITLE 20—EDUCATION

entity’s use of a Native American or Alaska
Native language as the primary language of
instruction in elementary schools or secondary schools, or both:
(A) An Indian tribe.
(B) A Tribal College or University (as defined in section 1059c of this title).
(C) A tribal education agency.
(D) A local educational agency, including a
public charter school that is a local educational agency under State law.
(E) A school operated by the Bureau of Indian Education.
(F) An Alaska Native Regional Corporation (as described in section 1602(g) of title
43).
(G) A private, tribal, or Alaska Native
nonprofit organization.
(H) A nontribal for-profit organization.
(c) Application
(1) In general
An 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 require, including the following:
(A) The name of the Native American or
Alaska Native language to be used for instruction at the school supported by the eligible entity.
(B) The number of students attending such
school.
(C) The number of hours of instruction in
or through 1 or more Native American or
Alaska Native languages being provided to
targeted students at such school, if any.
(D) A description of how the eligible entity
will—
(i) use the funds provided to meet the
purposes of this section;
(ii) implement the activities described in
subsection (e);
(iii) ensure the implementation of rigorous academic content; and
(iv) ensure that students progress toward
high-level fluency goals.
(E) Information regarding the school’s organizational governance or affiliations, including information about—
(i) the school governing entity (such as a
local educational agency, tribal education
agency or department, charter organization, private organization, or other governing entity);
(ii) the school’s accreditation status;
(iii) any partnerships with institutions
of higher education; and
(iv) any indigenous language schooling
and research cooperatives.
(F) An assurance that—
(i) the school is engaged in meeting
State or tribally designated long-term
goals for students, as may be required by
applicable Federal, State, or tribal law;
(ii) the school provides assessments of
students using the Native American or
Alaska Native language of instruction,
where possible;
(iii) the qualifications of all instructional and leadership personnel at such

Page 1574

school is sufficient to deliver high-quality
education through the Native American or
Alaska Native language used in the school;
and
(iv) the school will collect and report to
the public data relative to student
achievement and, if appropriate, rates of
high school graduation, career readiness,
and enrollment in postsecondary education or workforce development programs, of students who are enrolled in the
school’s programs.
(2) Limitation
The Secretary shall not give a priority in
awarding grants under this section based on
the information described in paragraph (1)(E).
(3) Submission of certification
(A) In general
An eligible entity that is a public elementary school or secondary school (including a
public charter school or a school operated by
the Bureau of Indian Education) or a nontribal for-profit or nonprofit organization
shall submit, along with the application requirements described in paragraph (1), a certification described in subparagraph (B) indicating that—
(i) the school or organization has the capacity to provide education primarily
through a Native American or an Alaska
Native language; and
(ii) there are sufficient speakers of the
target language at the school or available
to be hired by the school or organization.
(B) Certification
The certification described in subparagraph (A) shall be from one of the following
entities, on whose land the school or program is located, that is an entity served by
such school, or that is an entity whose members (as defined by that entity) are served by
the school:
(i) A Tribal College or University (as defined in section 1059c of this title).
(ii) A Federally recognized Indian tribe
or tribal organization.
(iii) An Alaska Native Regional Corporation or an Alaska Native nonprofit organization.
(iv) A Native Hawaiian organization.
(d) Awarding of grants
In awarding grants under this section, the Secretary shall—
(1) determine the amount of each grant and
the duration of each grant, which shall not exceed 3 years; and
(2) ensure, to the maximum extent feasible,
that diversity in languages is represented.
(e) Activities authorized
(1) Required activities
An eligible entity that receives a grant
under this section shall use such funds to
carry out the following activities:
(A) Supporting Native American or Alaska
Native language education and development.
(B) Providing professional development for
teachers and, as appropriate, staff and ad-

Page 1575

TITLE 20—EDUCATION

ministrators to strengthen the overall language and academic goals of the school that
will be served by the grant program.
(2) Allowable activities
An eligible entity that receives a grant
under this section may use such funds to carry
out the following activities:
(A) Developing or refining curriculum, including teaching materials and activities, as
appropriate.
(B) Creating or refining assessments written in the Native American or Alaska Native
language of instruction that measure student proficiency and that are aligned with
State or tribal academic standards.
(C) Carrying out other activities that promote the maintenance and revitalization of
the Native American or Alaska Native language relevant to the grant program.
(f) Report to Secretary
Each eligible entity that receives a grant
under this section shall prepare and submit an
annual report to the Secretary, which shall include—
(1) the activities the entity carried out to
meet the purposes of this section; and
(2) the number of children served by the program and the number of instructional hours in
the Native American or Alaska Native language.
(g) Administrative costs
Not more than 5 percent of the funds provided
to a grantee under this section for any fiscal
year may be used for administrative purposes.
(Pub. L. 89–10, title VI, § 6133, as added Pub. L.
114–95, title VI, § 6002(o), Dec. 10, 2015, 129 Stat.
2057.)
Editorial Notes
REFERENCES IN TEXT
The Native American Languages Act, referred to in
subsec. (a)(2), is title I of Pub. L. 101–477, Oct. 30, 1990,
104 Stat. 1153, which is classified generally to chapter 31
(§ 2901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note
set out under section 2901 of Title 25 and Tables.
PRIOR PROVISIONS
A prior section 7453, Pub. L. 89–10, title VI, § 6133, formerly title VII, § 7133, as added Pub. L. 107–110, title
VII, § 701, Jan. 8, 2002, 115 Stat. 1924; renumbered title
VI, § 6133, Pub. L. 114–95, title VI, § 6001(a), (b)(1), Dec.
10, 2015, 129 Stat. 2046, related to fellowships for Indian
students, prior to repeal by Pub. L. 114–95, § 5, title VI,
§ 6002(n)(1), Dec. 10, 2015, 129 Stat. 1806, 2057, effective
Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Another prior section 7453, Pub. L. 89–10, title VII,
§ 7133, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3730, related to academic excellence awards,
prior to the general amendment of former subchapter
VII of this chapter by Pub. L. 107–110.
A prior section 6133 of Pub. L. 89–10 was classified to
section 7311b of this title, prior to repeal by Pub. L.
114–95.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive pro-

§ 7456

grams, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7454. Repealed. Pub. L. 114–95, title
§ 6002(n)(1), Dec. 10, 2015, 129 Stat. 2057

VI,

Section, Pub. L. 89–10, title VI, § 6134, formerly title
VII, § 7134, as added Pub. L. 107–110, title VII, § 701, Jan.
8, 2002, 115 Stat. 1925; amended Pub. L. 110–315, title IX,
§ 941(k)(2)(F)(ii), Aug. 14, 2008, 122 Stat. 3466; renumbered title VI, § 6134, Pub. L. 114–95, title VI, § 6001(a),
(b)(1), Dec. 10, 2015, 129 Stat. 2046, related to gifted and
talented Indian students.
A prior section 7454, Pub. L. 89–10, title VII, § 7134, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3730, related to State grant program, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7455. Transferred
Editorial Notes
CODIFICATION
Section, Pub. L. 89–10, title VII, § 7135, as added Pub.
L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1928,
which related to grants to Indian tribes for education
administrative planning and development, was renumbered title VI, § 6132, of Pub. L. 89–10 by Pub. L. 114–95,
title VI, §§ 6001(a), (b)(1), 6002(n)(2), Dec. 10, 2015, 129
Stat. 2046, 2057, and transferred to section 7452 of this
title.
PRIOR PROVISIONS
A prior section 7455, Pub. L. 89–10, title VII, § 7135, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3731, established National Clearinghouse for Bilingual
Education, prior to the general amendment of former
subchapter VII of this chapter by Pub. L. 107–110.

§ 7456. Repealed. Pub. L. 114–95, title
§ 6002(q), Dec. 10, 2015, 129 Stat. 2062

VI,

Section, Pub. L. 89–10, title VI, § 6136, formerly title
VII, § 7136, as added Pub. L. 107–110, title VII, § 701, Jan.
8, 2002, 115 Stat. 1929; renumbered title VI, § 6136, Pub.
L. 114–95, title VI, § 6001(a), (b)(1), Dec. 10, 2015, 129 Stat.
2046, related to improvement of educational opportunities for adult Indians.
A prior section 7456, Pub. L. 89–10, title VII, § 7136, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3732, related to instructional materials development,
prior to the general amendment of former subchapter
VII of this chapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

TITLE 20—EDUCATION

§ 7471

SUBPART 4—FEDERAL ADMINISTRATION

§ 7471. National Advisory Council on Indian Education
(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—
(1) advise the Secretary and the Secretary of
the Interior 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).
(Pub. L. 89–10, title VI, § 6141, formerly title VII,
§ 7141, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1930; renumbered title VI,
§ 6141, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6002(r), Dec. 10, 2015, 129 Stat.
2046, 2062.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7471, Pub. L. 89–10, title VII, § 7141, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3732, set forth purpose of former subpart relating to
professional development, prior to the general amendment of former subchapter VII of this chapter by Pub.
L. 107–110.
A prior section 6141 of Pub. L. 89–10 was classified to
section 7315 of this title, prior to repeal by Pub. L.
114–95.
AMENDMENTS
2015—Subsec. (b)(1). Pub. L. 114–95, § 6002(r), inserted
‘‘and the Secretary of the Interior’’ after ‘‘advise the
Secretary’’ in introductory provisions.

Page 1576

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
TERMINATION OF ADVISORY COUNCILS
Advisory councils established after Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a council established by the President or an officer of the Federal Government, such
council is renewed by appropriate action prior to the
expiration of such 2-year period, or in the case of a
council established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 7472. Peer review
The Secretary may use a peer review process
to review applications submitted to the Secretary under subpart 2 or subpart 3 of this part.
(Pub. L. 89–10, title VI, § 6142, formerly title VII,
§ 7142, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1931; renumbered title VI,
§ 6142, Pub. L. 114–95, title VI, § 6001(a), (b)(1),
Dec. 10, 2015, 129 Stat. 2046.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7472, Pub. L. 89–10, title VII, § 7142, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3732, related to training for all teachers program, prior
to the general amendment of former subchapter VII of
this chapter by Pub. L. 107–110.
A prior section 6142 of Pub. L. 89–10 was classified to
section 7315a of this title, prior to repeal by Pub. L.
114–95.

§ 7473. Preference for Indian applicants
In making grants and entering into contracts
or cooperative agreements under subpart 2 or
subpart 3 of this part, 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.
(Pub. L. 89–10, title VI, § 6143, formerly title VII,
§ 7143, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1931; renumbered title VI,
§ 6143, Pub. L. 114–95, title VI, § 6001(a), (b)(1),
Dec. 10, 2015, 129 Stat. 2046.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7473, Pub. L. 89–10, title VII, § 7143, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3733, related to bilingual education teachers and personnel grants, prior to the general amendment of
former subchapter VII of this chapter by Pub. L.
107–110.
A prior section 6143 of Pub. L. 89–10 was classified to
section 7315b of this title, prior to repeal by Pub. L.
114–95.

Page 1577

TITLE 20—EDUCATION

§ 7474. Minimum grant criteria
The Secretary may not approve an application
for a grant, contract, or cooperative agreement
under subpart 2 or subpart 3 of this part 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.
(Pub. L. 89–10, title VI, § 6144, formerly title VII,
§ 7144, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1931; renumbered title VI,
§ 6144, Pub. L. 114–95, title VI, § 6001(a), (b)(1),
Dec. 10, 2015, 129 Stat. 2046.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7474, Pub. L. 89–10, title VII, § 7144, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3733, related to bilingual education career ladder program, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110.
A prior section 6144 of Pub. L. 89–10 was classified to
section 7315c of this title, prior to repeal by Pub. L.
114–95.
Prior sections 7475 to 7480 were omitted in the general
amendment of former subchapter VII of this chapter by
Pub. L. 107–110.
Section 7475, Pub. L. 89–10, title VII, § 7145, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3734,
related to graduate fellowships in bilingual education
program.
Section 7476, Pub. L. 89–10, title VII, § 7146, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3735,
related to application for professional development
award.
Section 7477, Pub. L. 89–10, title VII, § 7147, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3736,
set forth program requirements.
Section 7478, Pub. L. 89–10, title VII, § 7148, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3736,
authorized payment of stipends to persons participating in programs.
Section 7479, Pub. L. 89–10, title VII, § 7149, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3736,
related to program evaluations.
Section 7480, Pub. L. 89–10, title VII, § 7150, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3736,
related to use of funds for second language competence.
SUBPART 5—DEFINITIONS; AUTHORIZATIONS OF
APPROPRIATIONS

§ 7491. Definitions
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
(B) provided as elementary or secondary
education in the applicable State or to preschool children.

§ 7492

(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 October 20, 1994.
(4) Traditional leaders
The term ‘‘traditional leaders’’ has the
meaning given the term in section 2902 of title
25.
(Pub. L. 89–10, title VI, § 6151, formerly title VII,
§ 7151, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1931; renumbered title VI,
§ 6151, and amended Pub. L. 114–95, title VI,
§ 6001(a), (b)(1), § 6002(s), Dec. 10, 2015, 129 Stat.
2046, 2062.)
Editorial Notes
REFERENCES IN TEXT
The Indian Education Act of 1988, as in effect the day
preceding October 20, 1994, referred to in par. (3)(E), is
part C (§§ 5301–5352) of title V of Pub. L. 100–297, Apr. 28,
1988, 102 Stat. 395, which was classified principally to
chapter 28 (§ 2601 et seq.) of Title 25, Indians, prior to repeal by Pub. L. 103–382, title III, § 367, Oct. 20, 1994, 108
Stat. 3976.
PRIOR PROVISIONS
A prior section 7491, Pub. L. 89–10, title VII, § 7161, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3736, set forth special rule relating to transition, prior
to the general amendment of former subchapter VII of
this chapter by Pub. L. 107–110.
A prior section 6151 of Pub. L. 89–10 was classified to
section 7321 of this title, prior to repeal by Pub. L.
114–95.
AMENDMENTS
2015—Par. (4). Pub. L. 114–95, § 6002(s), added par. (4).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7492. Authorizations of appropriations
(a) Subpart 1
For the purpose of
this part, there are
priated $100,381,000
$102,388,620 for fiscal

carrying out subpart 1 of
authorized to be approfor fiscal year 2017,
year 2018, $104,436,392 for

TITLE 20—EDUCATION

§ 7511

fiscal year 2019, and $106,525,120 for fiscal year
2020.
(b) Subpart 2
For the purpose of carrying out subpart 2 of
this part, there are authorized to be appropriated $17,993,000 for each of fiscal years 2017
through 2020.
(c) Subpart 3
For the purpose of carrying out subpart 3,
there are authorized to be appropriated $5,565,000
for each of fiscal years 2017 through 2020.
(Pub. L. 89–10, title VI, § 6152, formerly title VII,
§ 7152, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1932; renumbered title VI,
§ 6152, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6002(t), Dec. 10, 2015, 129 Stat.
2046, 2062.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6152 of Pub. L. 89–10 was classified to
section 7321a of this title, prior to repeal by Pub. L.
114–95.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 6002(t)(1), substituted ‘‘$100,381,000 for fiscal year 2017, $102,388,620 for
fiscal year 2018, $104,436,392 for fiscal year 2019, and
$106,525,120 for fiscal year 2020’’ for ‘‘$96,400,000 for fiscal
year 2002 and such sums as may be necessary for each
of the 5 succeeding fiscal years’’.
Subsec. (b). Pub. L. 114–95, § 6002(t)(2), in heading, substituted ‘‘Subpart 2’’ for ‘‘Subparts 2 and 3’’, and in
text, substituted ‘‘subpart 2’’ for ‘‘subparts 2 and 3’’ and
‘‘$17,993,000 for each of fiscal years 2017 through 2020’’
for ‘‘$24,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the 5 succeeding fiscal
years’’.
Subsec. (c). Pub. L. 114–95, § 6002(t)(3), added subsec.
(c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PART B—NATIVE HAWAIIAN EDUCATION
§ 7511. Short title
This part may be cited as the ‘‘Native Hawaiian Education Act’’.
(Pub. L. 89–10, title VI, § 6201, formerly title VII,
§ 7201, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1932; renumbered title VI,
§ 6201, Pub. L. 114–95, title VI, § 6001(a), (b)(1),
Dec. 10, 2015, 129 Stat. 2046.)
Editorial Notes
PRIOR PROVISIONS
Provisions naming former part B (§ 7901 et seq.) of
subchapter IX of this chapter as the ‘‘Native Hawaiian
Education Act’’ were contained in section 7901 of this
title, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.
A prior section 7511, Pub. L. 89–10, title VII, § 7201, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

Page 1578

3737, set forth short title of the Foreign Language Assistance Act of 1994, prior to the general amendment of
former subchapter VII of this chapter by Pub. L.
107–110.
A prior section 6201 of Pub. L. 89–10 was renumbered
section 5201 and is classified to section 7341 of this title.
Another prior section 6201 of Pub. L. 89–10 was classified to section 7331 of this title, prior to the general
amendment of former subchapter VI of this chapter by
Pub. L. 107–110.
Another prior section 6201 of Pub. L. 89–10 was classified to section 3271 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.

§ 7512. 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.
(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

Page 1579

TITLE 20—EDUCATION

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 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;

§ 7512

(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[, 1996a]);
(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) division A of subtitle III of title 54;
(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 Innovation and Opportunity Act; and
(I) the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.).
(Pub. L. 89–10, title VI, § 6202, formerly title VII,
§ 7202, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1932; amended Pub. L.
111–256, § 2(c), Oct. 5, 2010, 124 Stat. 2643; Pub. L.
113–128, title V, § 512(i)(5), July 22, 2014, 128 Stat.
1709; Pub. L. 113–287, § 5(e)(3), Dec. 19, 2014, 128
Stat. 3268; renumbered title VI, § 6202, and
amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1),
6003(a), Dec. 10, 2015, 129 Stat. 2046, 2063.)
Editorial Notes
REFERENCES IN TEXT
Public Law 103–150, referred to in par. (5), is Pub. L.
103–150, Nov. 23, 1993, 107 Stat. 1510, which is not classified to the Code.
Joint Resolution to provide for annexing the Hawaiian Islands to the United States, approved July 7, 1898,
referred to in par. (6), is act July 7, 1898, No. 55, 30 Stat.
750, known as the Newlands Resolution. For complete
classification of this joint resolution to the Code, see
Tables.
The Hawaiian Homes Commission Act, 1920, referred
to in pars. (7), (8), and (11), is act July 9, 1921, ch. 42, 42
Stat. 108, which was classified generally to sections 691
to 718 of Title 48, Territories and Insular Possessions,
and was omitted from the Code. Section 201 of the Act
was classified to section 692 of Title 48.
Act of June 20, 1938, referred to in par. (9), is act June
20, 1938, ch. 530, 52 Stat. 781, which is classified to sections 391b, 391b–1, 392b, 392c, 396, and 396a of Title 16,
Conservation. For complete classification of this Act to
the Code, see Tables.
An Act to provide for the admission of the State of
Hawaii into the Union, referred to in pars. (10) and (11),
is Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, popularly known
as the Hawaii Statehood Admissions Act, which is set
out as a note preceding former section 491 of Title 48,
Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables.

TITLE 20—EDUCATION

§ 7512

The Native American Programs Act of 1974, referred
to in par. (13)(A), is title VIII of Pub. L. 88–452, as added
by Pub. L. 93–644, § 11, Jan. 4, 1975, 88 Stat. 2324, which
is classified generally to subchapter VIII (§ 2991 et seq.)
of chapter 34 of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see
section 2991 of Title 42 and Tables.
The American Indian Religious Freedom Act, referred to in par. (13)(B), is Pub. L. 95–341, Aug. 11, 1978,
92 Stat. 469, which is classified to sections 1996 and
1996a of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 1996 of Title 42
and Tables.
The National Museum of the American Indian Act,
referred to in par. (13)(C), is Pub. L. 101–185, Nov. 28,
1989, 103 Stat. 1336, which is classified generally to subchapter XIII (§ 80q et seq.) of chapter 3 of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 80q of this title
and Tables.
The Native American Graves Protection and Repatriation Act, referred to in par. (13)(D), is Pub. L. 101–601,
Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§ 3001 et seq.) of Title 25, Indians.
For complete classification of this Act to the Code, see
Short Title note set out under section 3001 of Title 25
and Tables.
The Native American Languages Act, referred to in
par. (13)(F), is title I of Pub. L. 101–477, Oct. 30, 1990, 104
Stat. 1153, which is classified generally to chapter 31
(§ 2901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note
set out under section 2901 of Title 25 and Tables.
The American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act, referred to in
par. (13)(G), is title XV of Pub. L. 99–498, Oct. 17, 1986,
100 Stat. 1600, which is classified generally to chapter 56
(§ 4401 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 4401 of this title and Tables.
The Workforce Innovation and Opportunity Act, referred to in par. (13)(H), is Pub. L. 113–128, July 22, 2014,
128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.)
of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of
Title 29 and chapter 73 (§ 9201 et seq.) of this title, and
made amendments to numerous other sections and
notes in the Code. For complete classification of this
Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
The Older Americans Act of 1965, referred to in par.
(13)(I), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which
is classified generally to chapter 35 (§ 3001 et seq.) of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title
note set out under section 3001 of Title 42 and Tables.
PRIOR PROVISIONS
A prior section 7512, Pub. L. 89–10, title VII, § 7202, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3737, set forth findings of the Foreign Language Assistance Act of 1994, prior to the general amendment of
former subchapter VII of this chapter by Pub. L.
107–110.
A prior section 6202 of Pub. L. 89–10 was renumbered
section 5202 and is classified to section 7341a of this
title.
Another prior section 6202 of Pub. L. 89–10 was classified to section 7332 of this title, prior to the general
amendment of former subchapter VI of this chapter by
Pub. L. 107–110.
Another prior section 6202 of Pub. L. 89–10 was classified to section 3272 of this title, prior to the general
amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Pars. (14) to (21). Pub. L. 114–95, § 6003(a), struck
out pars. (14) to (21) which read as follows:
‘‘(14) In 1981, Congress instructed the Office of Education to submit to Congress a comprehensive report

Page 1580

on Native Hawaiian education. The report, entitled the
‘Native Hawaiian Educational Assessment Project’, was
released in 1983 and 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 intellectual disabilities, 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;
‘‘(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

Page 1581

TITLE 20—EDUCATION

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 language-based 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.’’
2014—Par. (13)(E). Pub. L. 113–287 substituted ‘‘division A of subtitle III of title 54’’ for ‘‘the National Historic Preservation Act (16 U.S.C. 470 et seq.)’’.
Par. (13)(H). Pub. L. 113–128 substituted ‘‘the Workforce Innovation and Opportunity Act’’ for ‘‘the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’.
2010—Par. (16)(E). Pub. L. 111–256 substituted ‘‘mild
intellectual disabilities,’’ for ‘‘mild mental retardation,’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–128 effective on the first
day of the first full program year after July 22, 2014
(July 1, 2015), see section 506 of Pub. L. 113–128, set out
as an Effective Date note under section 3101 of Title 29,
Labor.

§ 7513. Purposes
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;

§ 7514

(3) supplement and expand programs and authorities in the area of education to further
the purposes of this subchapter; and
(4) encourage the maximum participation of
Native Hawaiians in planning and management of Native Hawaiian education programs.
(Pub. L. 89–10, title VI, § 6203, formerly title VII,
§ 7203, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1937; renumbered title VI,
§ 6203, Pub. L. 114–95, title VI, § 6001(a), (b)(1),
Dec. 10, 2015, 129 Stat. 2046.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7513, Pub. L. 89–10, title VII, § 7203, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3737, authorized foreign language assistance program,
prior to the general amendment of former subchapter
VII of this chapter by Pub. L. 107–110.

§ 7514. Native Hawaiian Education Council
(a) Grant authorized
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 that receive funding under this part,
the Secretary shall award a grant to the education council described under subsection (b).
(b) Education Council
(1) Eligibility
To be eligible to receive the grant under subsection (a), the council shall be an education
council (referred to in this section as the
‘‘Education Council’’) that meets the requirements of this subsection.
(2) Composition
The Education Council shall consist of 15
members, of whom—
(A) 1 shall be the President of the University of Hawaii (or a designee);
(B) 1 shall be the Governor of the State of
Hawaii (or a designee);
(C) 1 shall be the Superintendent of the
State of Hawaii Department of Education
(or a designee);
(D) 1 shall be the chairperson of the Office
of Hawaiian Affairs (or a designee);
(E) 1 shall be the executive director of Hawaii’s Charter School Network (or a designee);
(F) 1 shall be the chief executive officer of
the Kamehameha Schools (or a designee);
(G) 1 shall be the Chief Executive Officer of
the Queen Liliuokalani Trust (or a designee);
(H) 1 shall be appointed by the Secretary,
in a timely manner, and chosen from a list
of 5 individuals who represent one or more
private grant-making entities that is submitted to the Secretary by the Education
Council;
(I) 1 shall be the Mayor of the County of
Hawaii (or a designee);
(J) 1 shall be the Mayor of Maui County (or
a designee from the Island of Maui);
(K) 1 shall be the Mayor of the County of
Kauai (or a designee);

§ 7514

TITLE 20—EDUCATION

(L) 1 shall be appointed by the Secretary,
in a timely manner, and chosen from a list
of 5 individuals who are from the Island of
Molokai or the Island of Lanai that is submitted to the Secretary by the Mayor of
Maui County;
(M) 1 shall be the Mayor of the City and
County of Honolulu (or a designee);
(N) 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and
(O) 1 shall be the chairperson of the Hawaii
Workforce Development Council (or a designee representing the private sector).
(3) Requirements
Any designee serving on the Education
Council shall demonstrate, as determined by
the individual who appointed such designee
with input from the Native Hawaiian community, not less than 5 years of experience as a
consumer or provider of Native Hawaiian educational or cultural activities, with traditional cultural experience given due consideration.
(4) Limitation
A member (including a designee), while serving on the Education Council, shall not be a
direct recipient or administrator of grant
funds that are awarded under this part.
(5) Term of members
A member who is a designee shall serve for
a term of not more than 4 years.
(6) Chair; Vice Chair
(A) Selection
The Education Council shall select a
Chairperson and a Vice Chairperson from
among the members of the Education Council.
(B) Term limits
The Chairperson and Vice Chairperson
shall each serve for a 2-year term.
(7) Administrative provisions relating to Education Council
The Education Council shall meet at the call
of the Chairperson of the Council, or upon request by a majority of the members of the
Education Council, but in any event not less
often than every 120 days.
(8) No compensation
None of the funds made available through
the grant may be used to provide compensation to any member of the Education Council
or member of a working group established by
the Education Council, for functions described
in this section.
(c) Use of funds for coordination activities
The Education Council shall use funds made
available through a grant under subsection (a)
to carry out each of the following activities:
(1) Providing advice about the coordination
of, and serving as a clearinghouse for, the educational and related services and programs
available to Native Hawaiians, including the
programs assisted under this part.
(2) Assessing the extent to which such services and programs meet the needs of Native

Page 1582

Hawaiians, and collecting data on the status
of Native Hawaiian education.
(3) Providing 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, relating to Native Hawaiian education, and serving, where
appropriate, in an advisory capacity.
(4) Awarding grants, if such grants enable
the Education Council to carry out the activities described in paragraphs (1) through (3).
(5) Hiring an executive director, who shall
assist in executing the duties and powers of
the Education Council, as described in subsection (d).
(d) Use of funds for technical assistance
The Education Council shall use funds made
available through a grant under subsection (a)
to—
(1) provide technical assistance to Native
Hawaiian organizations that are grantees or
potential grantees under this part;
(2) obtain from such grantees information
and data regarding grants awarded under this
part, including information and data about—
(A) the effectiveness of such grantees in
meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and
(B) the effectiveness of such grantees in
carrying out any of the activities described
in paragraph (3) of section 7515(a) of this
title that are related to the specific goals
and purposes of each grantee’s grant project,
using metrics related to these goals and purposes;
(3) assess and define the educational needs of
Native Hawaiians;
(4) assess the programs and services available to address the educational needs of Native Hawaiians;
(5) assess and evaluate the individual and aggregate impact achieved by grantees under
this part in improving Native Hawaiian educational performance and meeting the goals of
this part, using metrics related to these goals;
and
(6) prepare and submit to the Secretary, at
the end of each calendar year, an annual report that contains—
(A) a description of the activities of the
Education Council during the calendar year;
(B) a description of significant barriers to
achieving the goals of this part;
(C) a summary of each community consultation session described in subsection (e);
and
(D) recommendations to establish priorities for funding under this part, based on an
assessment of—
(i) the educational needs of Native Hawaiians;
(ii) programs and services available to
address such needs;
(iii) the effectiveness of programs in improving the educational performance of
Native Hawaiian students to help such stu-

Page 1583

TITLE 20—EDUCATION

dents meet challenging State academic
standards under section 6311(b)(1) of this
title; and
(iv) priorities for funding in specific geographic communities.
(e) Use of funds for community consultations
The Education Council shall use funds made
available through the grant under subsection (a)
to hold not less than 1 community consultation
each year on each of the islands of Hawaii,
Maui, Molokai, Lanai, Oahu, and Kauai, at
which—
(1) not fewer than 3 members of the Education Council shall be in attendance;
(2) the Education Council shall gather community input regarding—
(A) current grantees under this part, as of
the date of the consultation;
(B) priorities and needs of Native Hawaiians; and
(C) other Native Hawaiian education
issues; and
(3) the Education Council shall report to the
community on the outcomes of the activities
supported by grants awarded under this part.
(f) Funding
For each fiscal year, the Secretary shall use
the amount described in section 7515(c)(2) of this
title, to make a payment under the grant. Funds
made available through the grant shall remain
available until expended.
(Pub. L. 89–10, title VI, § 6204, formerly title VII,
§ 7204, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1937; renumbered title VI,
§ 6204, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6003(b), Dec. 10, 2015, 129 Stat.
2046, 2063.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7514, Pub. L. 89–10, title VII, § 7204, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3738, related to applications for grants, prior to the
general amendment of former subchapter VII of this
chapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 6003(b), amended section generally. Prior to amendment, section related to establishment of Native Hawaiian Education Council and individual island councils.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7515. Program authorized
(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;

§ 7515

(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;
(D) charter schools; and
(E) 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 grade 3
and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and
6;
(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 such students; and
(iii) other activities consistent with the
requirements of the Individuals with Disabilities Education Act [20 U.S.C. 1400 et
seq.];
(E) activities that address the special
needs of Native Hawaiian students who are
gifted and talented, including—

§ 7515

TITLE 20—EDUCATION
(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 educational progress of such
students;

(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 high concentrations of Native Hawaiian students to meet the unique needs of
such students; 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 students, parents, families,
and communities through the coordination
of public and private programs and services,
including—
(i) early childhood education programs;
(ii) before, after, and summer school programs, expanded learning time, or weekend academies;
(iii) career and technical 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) family literacy services; and
(ii) counseling, guidance, and support
services for 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.
(b) Administrative costs
Not more than 5 percent of funds provided to
a recipient of a grant or contract under sub-

Page 1584

section (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 7514 of this
title $32,397,000 for each of fiscal years 2017
through 2020.
(2) Reservation
Of the funds appropriated under this subsection, the Secretary shall reserve $500,000 for
each of fiscal years 2017 through 2020 to make
a direct grant to the Education Council to
carry out section 7514 of this title.
(3) Availability
Funds appropriated under this subsection
shall remain available until expended.
(Pub. L. 89–10, title VI, § 6205, formerly title VII,
§ 7205, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1939; renumbered title VI,
§ 6205, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), (10), 6003(c), Dec. 10, 2015, 129
Stat. 2046, 2047, 2066.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in subsec. (a)(3)(D)(iii), is title VI of Pub. L.
91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is
classified generally to chapter 33 (§ 1400 et seq.) of this
title. For complete classification of this Act to the
Code, see section 1400 of this title and Tables.
PRIOR PROVISIONS
A prior section 7515, Pub. L. 89–10, title VII, § 7205, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3738, related to elementary school foreign language incentive program, prior to the general amendment of
former subchapter VII of this chapter by Pub. L.
107–110.
AMENDMENTS
2015—Subsec.
(a)(1)(D),
(E).
Pub.
L.
114–95,
§ 6003(c)(1)(A), added subpar. (D) and redesignated
former subpar. (D) as (E).
Subsec. (a)(3)(C). Pub. L. 114–95, § 6003(c)(1)(B)(i), substituted ‘‘grade 3’’ for ‘‘third grade’’ and ‘‘grades 5 and
6’’ for ‘‘fifth and sixth grade’’.
Subsec. (a)(3)(D)(ii). Pub. L. 114–95, § 6003(c)(1)(B)(ii),
substituted ‘‘of such students’’ for ‘‘of those students’’.
Subsec. (a)(3)(E)(ii). Pub. L. 114–95, § 6003(c)(1)(B)(iii),
substituted ‘‘educational progress of such students’’ for
‘‘students’ educational progress’’.
Subsec. (a)(3)(G)(ii). Pub. L. 114–95, § 6003(c)(1)(B)(iv),
substituted ‘‘high concentrations of Native Hawaiian
students to meet the unique needs of such students;
and’’ for ‘‘concentrations of Native Hawaiian students
to meet those students’ unique needs; and’’.
Subsec. (a)(3)(H). Pub. L. 114–95, § 6003(c)(1)(B)(v)(I),
substituted ‘‘students, parents, families,’’ for ‘‘families’’ in introductory provisions.
Subsec. (a)(3)(H)(i). Pub. L. 114–95, § 6003(c)(1)(B)(v)(II),
substituted ‘‘early childhood education programs’’ for
‘‘preschool programs’’.
Subsec.
(a)(3)(H)(ii).
Pub.
L.
114–95,
§ 6003(c)(1)(B)(v)(III), added cl. (ii) and struck out
former cl. (ii) which read as follows: ‘‘after-school programs;’’.
Subsec.
(a)(3)(H)(iii).
Pub.
L.
114–95,
§ 6003(c)(1)(B)(v)(IV), substituted ‘‘career and technical
education programs’’ for ‘‘vocational and adult education programs’’.

Page 1585

TITLE 20—EDUCATION

Subsec. (a)(3)(I). Pub. L. 114–95, § 6003(c)(1)(B)(vi),
added cls. (i) and (ii) and struck out former cls. (i) to
(v) which read as follows:
‘‘(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
‘‘(v) faculty development activities designed to promote the matriculation of Native Hawaiian students;’’.
Subsec. (a)(4). Pub. L. 114–95, § 6003(c)(1)(C), struck out
par. (4). Text read as follows:
‘‘(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 4year 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.’’
Subsec. (c)(1). Pub. L. 114–95, § 6003(c)(2)(A), substituted ‘‘$32,397,000 for each of fiscal years 2017 through
2020’’ for ‘‘such sums as may be necessary for fiscal
year 2002 and each of the 5 succeeding fiscal years’’.
Pub. L. 114–95, § 6001(b)(10)(A), made technical amendment to reference in original act which appears in text
as reference to section 7514 of this title.
Subsec. (c)(2). Pub. L. 114–95, § 6003(c)(2)(B), substituted ‘‘for each of fiscal years 2017 through 2020’’ for
‘‘for fiscal year 2002 and each of the 5 succeeding fiscal
years’’.
Pub. L. 114–95, § 6001(b)(10)(B), made technical amendment to reference in original act which appears in text
as reference to section 7514 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7516. 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 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.

§ 7517

(Pub. L. 89–10, title VI, § 6206, formerly title VII,
§ 7206, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1941; renumbered title VI,
§ 6206, Pub. L. 114–95, title VI, § 6001(a), (b)(1),
Dec. 10, 2015, 129 Stat. 2046.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7516, Pub. L. 89–10, title VII, § 7206, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3739, authorized appropriations for foreign language assistance, prior to the general amendment of former
subchapter VII of this chapter by Pub. L. 107–110.

§ 7517. Definitions
In this part:
(1) Community consultation
The term ‘‘community consultation’’ means
a public gathering—
(A) to discuss Native Hawaiian education
concerns; and
(B) about which the public has been given
not less than 30 days notice.
(2) 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 (longterm community residents) verification; or
(iii) certified birth records.
(3) Native Hawaiian community-based organization
The term ‘‘Native Hawaiian communitybased 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.
(4) 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.
(5) Native Hawaiian language
The term ‘‘Native Hawaiian language’’
means the single Native American language
indigenous to the original inhabitants of the
State of Hawaii.
(6) Native Hawaiian organization
The term ‘‘Native Hawaiian organization’’
means a private nonprofit organization that—

TITLE 20—EDUCATION

§ 7541

(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.
(7) 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.
(Pub. L. 89–10, title VI, § 6207, formerly title VII,
§ 7207, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1941; renumbered title VI,
§ 6207, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6003(d), Dec. 10, 2015, 129 Stat.
2046, 2067.)
Editorial Notes
AMENDMENTS
2015—Pub. L. 114–95, § 6003(d), added par. (1) and redesignated former pars. (1) to (6) as (2) to (7), respectively.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PART C—ALASKA NATIVE EDUCATION
§ 7541. Short title
This part may be cited as the ‘‘Alaska Native
Educational Equity, Support, and Assistance
Act’’.
(Pub. L. 89–10, title VI, § 6301, formerly title VII,
§ 7301, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1942; renumbered title VI,
§ 6301, Pub. L. 114–95, title VI, § 6001(a), (b)(1),
Dec. 10, 2015, 129 Stat. 2046.)
Editorial Notes
PRIOR PROVISIONS
Provisions naming former part C (§ 7931 et seq.) of
subchapter IX of this chapter as the ‘‘Alaska Native
Educational Equity, Support and Assistance Act’’ were
contained in section 7931 of this title, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.
A prior section 7541, Pub. L. 89–10, title VII, § 7301, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3739, set forth findings and purpose of emergency immigrant education program, prior to the general amendment of former subchapter VII of this chapter by Pub.
L. 107–110.
A prior section 6301 of Pub. L. 89–10 was classified to
section 7371 of this title prior to the general amendment of part C of subchapter V of this chapter by Pub.
L. 114–95.
Another prior section 6301 of Pub. L. 89–10 was classified to section 7351 of this title, prior to the general
amendment of former subchapter VI of this chapter by
Pub. L. 107–110.

Page 1586

§ 7542. Findings
Congress finds and declares the following:
(1) It is the policy of the Federal Government to maximize the leadership of and participation by Alaska Natives in the planning
and the management of Alaska Native education programs and to support efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students.
(2) Many Alaska Native children enter and
exit school with serious educational disadvantages.
(3) Overcoming the magnitude of the geographic challenges, historical inequities, and
other barriers to successfully improving educational outcomes for Alaska Native students
in rural, village, and urban settings is challenging. Significant disparities between academic achievement of Alaska Native students
and non-Native students continue, including
lower graduation rates, increased school dropout rates, and lower achievement scores on
standardized tests.
(4) The preservation of Alaska Native cultures and languages and the integration of
Alaska Native cultures and languages into
education, positive identity development for
Alaska Native students, and local, placebased, and culture-based programming are
critical to the attainment of educational success and the long-term well-being of Alaska
Native students.
(5) Improving educational outcomes for
Alaska Native students increases access to
employment opportunities.
(6) The Federal Government should lend support to efforts developed by and undertaken
within the Alaska Native community to improve educational opportunity for Alaska Native students. In 1983, pursuant to Public Law
98–63, Alaska ceased to receive educational
funding from the Bureau of Indian Affairs. The
Bureau of Indian Education does not operate
any schools in Alaska, nor operate or fund
Alaska Native education programs. The program under this part supports the Federal
trust responsibility of the United States to
Alaska Natives.
(Pub. L. 89–10, title VI, § 6302, formerly title VII,
§ 7302, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1942; renumbered title VI,
§ 6302, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6004(a), Dec. 10, 2015, 129 Stat.
2046, 2067.)
Editorial Notes
REFERENCES IN TEXT
Public Law 98–63, referred to in par. (6), is Pub. L.
98–63, July 30, 1983, 97 Stat. 301, known as the Supplemental Appropriations Act, 1983. For complete classification of this Act to the Code, see Tables. For provisions related to cessation of funding from the Bureau of
Indian Affairs for schools in Alaska, see 97 Stat. 326.
PRIOR PROVISIONS
A prior section 7542, Pub. L. 89–10, title VII, § 7302, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3739, related to State administrative costs, prior to the
general amendment of former subchapter VII of this
chapter by Pub. L. 107–110.

Page 1587

TITLE 20—EDUCATION

A prior section 6302 of Pub. L. 89–10 was classified to
section 7372 of this title prior to the general amendment of part C of subchapter V of this chapter by Pub.
L. 114–95.
Another prior section 6302 of Pub. L. 89–10 was classified to section 7352 of this title, prior to the general
amendment of former subchapter VI of this chapter by
Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 6004(a), added pars. (1) to (6) and
struck out former pars. (1) to (7) which related to findings concerning Alaska Native educational equity, support, and assistance.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7543. Purposes
The purposes of this part are as follows:
(1) To recognize and address the unique educational needs of Alaska Natives.
(2) To recognize the role of Alaska Native
languages and cultures in the educational success and long-term well-being of Alaska Native students.
(3) To integrate Alaska Native cultures and
languages into education, develop Alaska Native students’ positive identity, and support
local place-based and culture-based curriculum and programming.
(4) To authorize the development, management, and expansion of effective supplemental
educational programs to benefit Alaska Natives.
(5) 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.
(6) To ensure the maximum participation by
Alaska Native educators and leaders in the
planning, development, implementation, management, and evaluation of programs designed
to serve Alaska Native students.
(Pub. L. 89–10, title VI, § 6303, formerly title VII,
§ 7303, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1943; renumbered title VI,
§ 6303, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6004(b), Dec. 10, 2015, 129 Stat.
2046, 2068.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7543, Pub. L. 89–10, title VII, § 7303, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3739, related to withholding, prior to the general
amendment of former subchapter VII of this chapter by
Pub. L. 107–110.
A prior section 6303 of Pub. L. 89–10 was classified to
section 7353 of this title, prior to the general amendment of former subchapter VI of this chapter by Pub.
L. 107–110.
AMENDMENTS
2015—Par. (1). Pub. L. 114–95, § 6004(b)(1), inserted ‘‘and
address’’ after ‘‘To recognize’’.

§ 7544

Pars. (2) to (5). Pub. L. 114–95, § 6004(b)(2)–(5), added
pars. (2) and (3), redesignated former pars. (2) and (4) as
(4) and (5), respectively, substituted ‘‘, management,
and expansion of effective supplemental educational
programs to benefit Alaska Natives.’’ for ‘‘of supplemental educational programs to benefit Alaska Natives.’’ in par. (4), and struck out former par. (3) which
read as follows: ‘‘To supplement existing programs and
authorities in the area of education to further the purposes of this part.’’
Par. (6). Pub. L. 114–95, § 6004(b)(6), added par. (6).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7544. Program authorized
(a) General authority
(1) Grants and contracts
The Secretary is authorized to make grants
to, or enter into contracts with—
(A) Alaska Native organizations with experience operating programs that fulfill the
purposes of this part;
(B) Alaska Native organizations that do
not have the experience described in subparagraph (A) but are in partnership with—
(i) a State educational agency or a local
educational agency; or
(ii) an Alaska Native organization that
operates a program that fulfills the purposes of this part;
(C) an entity located in Alaska, and predominately governed by Alaska Natives,
that does not meet the definition of an Alaska Native organization under this part but—
(i) has experience operating programs
that fulfill the purposes of this part; and
(ii) is granted an official charter or sanction, as described in the definition of a
tribal organization under section 5304 of
title 25, from at least one Alaska Native
tribe or Alaska Native organization to
carry out programs that meet the purposes
of this part.
(2) Mandatory activities
Activities provided through the programs
carried out under this part shall include the
following:
(A) The development and implementation
of plans, methods, strategies, and activities
to improve the educational outcomes of
Alaska Natives.
(B) The collection of data to assist in the
evaluation of the programs carried out
under this part.
(3) Permissible activities
Activities provided through programs carried out under this part may include the following:
(A) The development of curricula and programs that address the educational needs of
Alaska Native students, including the following:
(i) Curriculum materials that are culturally informed and reflect the cultural

§ 7544

TITLE 20—EDUCATION
diversity, languages, history, or the contributions of Alaska Native people, including curricula intended to preserve and promote Alaska Native culture.
(ii) Instructional programs that make
use of Alaska Native languages and cultures.
(iii) Networks that develop, test, and disseminate best practices and introduce successful programs, materials, and techniques to meet the educational needs of
Alaska Native students in urban and rural
schools.

(B) Training and professional development
activities for educators, including the following:
(i) Pre-service and in-service training
and professional development programs to
prepare teachers to develop appreciation
for, and understanding of, Alaska Native
history, cultures, values, and ways of
knowing and learning in order to effectively address the cultural diversity and
unique needs of Alaska Native students
and improve the teaching methods of educators.
(ii) Recruitment and preparation of Alaska Native teachers.
(iii) Programs that will lead to the certification and licensing of Alaska Native
teachers, principals, other school leaders,
and superintendents.
(C) Early childhood and parenting education activities designed to improve the
school readiness of Alaska Native children,
including—
(i) the development and operation of
home visiting programs for Alaska Native
preschool children, to ensure the active involvement of parents in their children’s
education from the earliest ages;
(ii) training, education, and support, including in-home visitation, for parents and
caregivers of Alaska Native children to
improve parenting and caregiving skills
(including skills relating to discipline and
cognitive development, reading readiness,
observation, storytelling, and critical
thinking);
(iii) family literacy services;
(iv) activities carried out under the Head
Start Act (42 U.S.C. 9831 et seq.);
(v) programs for parents and their infants, from the prenatal period of the infant through age 3;
(vi) early childhood education programs;
and
(vii) native language immersion within
early childhood education programs, Head
Start, or preschool programs.
(D) The development and operation of student enrichment programs, including programs in science, technology, engineering,
and mathematics that—
(i) are designed to prepare Alaska Native
students to excel in such subjects;
(ii) provide appropriate support services
to enable such students to benefit from the
programs; and
(iii) include activities that recognize and
support the unique cultural and edu-

Page 1588

cational needs of Alaska Native children
and incorporate appropriately qualified
Alaska Native elders and other tradition
bearers.
(E) Research and data collection activities
to determine the educational status and
needs of Alaska Native children and adults
and other such research and evaluation activities related to programs funded under
this part.
(F) Activities designed to enable Alaska
Native students served under this part to
meet the challenging State academic standards or increase the graduation rates of
Alaska Native students, such as—
(i) remedial and enrichment programs;
(ii) culturally based education programs,
such as—
(I) programs of study and other instruction in Alaska Native history and
ways of living to share the rich and diverse cultures of Alaska Natives among
Alaska Native youth and elders, non-Native students and teachers, and the larger community;
(II) instructing Alaska Native youth in
leadership, communication, and Alaska
Native culture, arts, history, and languages;
(III) intergenerational learning and internship opportunities to Alaska Native
youth and young adults;
(IV) providing cultural immersion activities aimed at Alaska Native cultural
preservation;
(V) native language instruction and
immersion activities, including native
language immersion nests or schools;
(VI) school-within-a-school model programs; and
(VII) preparation for postsecondary
education and career planning; and
(iii) comprehensive school or community-based support services, including
services that—
(I) address family instability and trauma; and
(II) improve conditions for learning at
home, in the community, and at school.
(G) Student and teacher exchange programs, cross-cultural immersion programs,
and culture camps designed to build mutual
respect and understanding among participants.
(H) Education programs for at-risk urban
Alaska Native students that are designed to
improve academic proficiency and graduation rates, use strategies otherwise permissible under this part, and incorporate a
strong data collection and continuous evaluation component.
(I) Strategies designed to increase the involvement of parents in their children’s education.
(J) Programs and strategies that increase
connections between and among schools,
families, and communities, including positive youth-adult relationships, to—
(i) promote the academic progress and
positive development of Alaska Native
children and youth; and

Page 1589

TITLE 20—EDUCATION

(ii) improve conditions for learning at
home, in the community, and at school.
(K) Career preparation activities to enable
Alaska Native children and adults to prepare
for meaningful employment, including programs providing mentoring, training, and
apprenticeship activities.
(L) Support for the development and operational activities of regional vocational
schools in rural areas of Alaska to provide
students with necessary resources to prepare
for skilled employment opportunities.
(M) Regional leadership academies that
demonstrate effectiveness in building respect and understanding, and fostering a
sense of Alaska Native identity in Alaska
Native students to promote their pursuit of
and success in completing higher education
or career training.
(N) Other activities, consistent with the
purposes of this part, to meet the educational needs of Alaska Native children and
adults.
(b) Authorization of appropriations
There are authorized to be appropriated to
carry out this section $31,453,000 for each of fiscal years 2017 through 2020.
(Pub. L. 89–10, title VI, § 6304, formerly title VII,
§ 7304, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1943; amended Pub. L.
108–11, title II, § 2504, Apr. 16, 2003, 117 Stat. 599;
renumbered title VI, § 6304, and amended Pub. L.
114–95, title VI, §§ 6001(a), (b)(1), 6004(c), Dec. 10,
2015, 129 Stat. 2046, 2068; Pub. L. 115–224, title III,
§ 302(3), July 31, 2018, 132 Stat. 1623.)
Editorial Notes
REFERENCES IN TEXT
The Head Start Act, referred to in subsec.
(a)(3)(C)(iv), is subchapter B (§ 635 et seq.) of chapter 8
of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981,
95 Stat. 499, which is classified generally to subchapter
II (§ 9831 et seq.) of chapter 105 of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables.
PRIOR PROVISIONS
A prior section 7544, Pub. L. 89–10, title VII, § 7304, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3740, related to State allocations, prior to the general
amendment of former subchapter VII of this chapter by
Pub. L. 107–110.
AMENDMENTS
2018—Subsec. (a)(3)(K). Pub. L. 115–224 struck out
‘‘tech-prep,’’ before ‘‘mentoring,’’.
2015—Pub. L. 114–95, § 6004(c), amended section generally. Prior to amendment, section related to program
authorized, consisting of subsecs. (a) to (d).
2003—Subsec. (a)(2)(P). Pub. L. 108–11 substituted ‘‘operated by’’ for ‘‘such as’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–224 effective July 1, 2019,
see section 4 of Pub. L. 115–224, set out as a note under
section 2301 of this title.

§ 7546

grams and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7545. Administrative provisions
Not more than 5 percent of funds provided to
an award recipient under this part for any fiscal
year may be used for administrative purposes.
(Pub. L. 89–10, title VI, § 6305, formerly title VII,
§ 7305, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1946; renumbered title VI,
§ 6305, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6004(d), Dec. 10, 2015, 129 Stat.
2046, 2071.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7545, Pub. L. 89–10, title VII, § 7305, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3741, related to State applications, prior to the general
amendment of former subchapter VII of this chapter by
Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 6004(d), amended section generally. Prior to amendment, section set out various administrative provisions relating to applications for
grants and awards under this part, consisting of subsecs. (a) to (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7546. Definitions
In this part:
(1) Alaska Native
The term ‘‘Alaska Native’’ has the same
meaning as the term ‘‘Native’’ has in section
1602(b) of title 43 and includes the descendants
of individuals so defined.
(2) Alaska Native organization
The term ‘‘Alaska Native organization’’
means an organization that has or commits to
acquire expertise in the education of Alaska
Natives and is—
(A) an Indian tribe, as defined in section
5304 of title 25, that is an Indian tribe located in Alaska;
(B) a ‘‘tribal organization’’, as defined in
section 5304 of title 25, that is a tribal organization located in Alaska; or
(C) an organization listed in clauses (i)
through (xii) of section 619(4)(B) of title 42,
or the successor of an entity so listed.
(Pub. L. 89–10, title VI, § 6306, formerly title VII,
§ 7306, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1946; renumbered title VI,
§ 6306, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6004(e), Dec. 10, 2015, 129 Stat.
2046, 2071.)
Editorial Notes

EFFECTIVE DATE OF 2015 AMENDMENT

PRIOR PROVISIONS

Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-

A prior section 7546, Pub. L. 89–10, title VII, § 7306, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

TITLE 20—EDUCATION

§ 7701

3743, related to administrative provisions, prior to the
general amendment of former subchapter VII of this
chapter by Pub. L. 107–110.
Prior sections 7547 to 7602 were omitted in the general
amendment of former subchapter VII of this chapter by
Pub. L. 107–110.
Section 7547, Pub. L. 89–10, title VII, § 7307, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3743,
related to uses of funds.
Section 7548, Pub. L. 89–10, title VII, § 7308, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744,
related to reports.
Section 7549, Pub. L. 89–10, title VII, § 7309, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744,
authorized appropriations.
Section 7571, Pub. L. 89–10, title VII, § 7401, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744,
related to release time.
Section 7572, Pub. L. 89–10, title VII, § 7402, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744,
related to acquisition or development of education
technology.
Section 7573, Pub. L. 89–10, title VII, § 7403, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744,
related to notification of awards.
Section 7574, Pub. L. 89–10, title VII, § 7404, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744,
related to continued eligibility for grants.
Section 7575, Pub. L. 89–10, title VII, § 7405, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744,
related to coordination and reporting requirements.
Section 7601, Pub. L. 89–10, title VII, § 7501, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3745;
amended Pub. L. 105–244, title I, § 102(a)(6)(J), title IX,
§ 901(d), Oct. 7, 1998, 112 Stat. 1619, 1828, defined terms.
Section 7602, Pub. L. 89–10, title VII, § 7502, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3748,
related to regulations and parental notification.
AMENDMENTS
2015—Par. (1). Pub. L. 114–95, § 6004(e)(1), inserted ‘‘and
includes the descendants of individuals so defined’’ before period at end.
Par. (2). Pub. L. 114–95, § 6004(e)(2), added par. (2) and
struck out former par. (2). Prior to amendment, text
read as follows: ‘‘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.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

SUBCHAPTER VII—IMPACT AID
Editorial Notes
CODIFICATION
Pub. L. 114–95, title VII, § 7001(c), Dec. 10, 2015, 129
Stat. 2074, redesignated subchapter VIII (§ 7701 et seq.)
of this chapter as this subchapter.
Title VII 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, and subsequently revised, restated, redesignated,
and amended by other public laws. Title VII is shown,
herein, as having been added as title VIII of Pub. L.
89–10 by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3749, without reference to earlier amendments be-

Page 1590

cause of the extensive revision of the title’s provisions
by Pub. L. 103–382. Title VIII of Pub. L. 89–10 was subsequently redesignated title VII by Pub. L. 114–95, title
VII, § 7001(c), Dec. 10, 2015, 129 Stat. 2074, and transferred to this subchapter. See Codification note preceding section 6301 of this title.
PRIOR PROVISIONS
A prior title VII of the Elementary and Secondary
Education Act of 1965, comprising former subchapter
VII (§ 7401 et seq.) of this chapter, was redesignated
title VI of the Act by Pub. L. 114–95, title VI, § 6001(a),
Dec. 10, 2015, 129 Stat. 2046, and transferred to subchapter VI (§ 7401 et seq.) of this chapter.

§ 7701. Purpose
In order to fulfill the Federal responsibility to
assist with the provision of educational services
to federally connected children in a manner that
promotes control by local educational agencies
with little or no Federal or State involvement,
because certain activities of the Federal Government, such as activities to fulfill the responsibilities of the Federal Government with respect to Indian tribes and activities under section 4001 of title 50, place a financial burden on
the local educational agencies serving areas
where such activities are carried out, and to
help such children meet the same challenging
State academic standards, it is the purpose of
this subchapter to provide financial assistance
to local educational agencies that—
(1) experience a substantial and continuing
financial burden due to the acquisition of real
property by the United States;
(2) educate children who reside on Federal
property and whose parents are employed on
Federal property;
(3) educate children of parents who are in
the military services and children who live in
low-rent housing;
(4) educate heavy concentrations of children
whose parents are civilian employees of the
Federal Government and do not reside on Federal property; or
(5) need special assistance with capital expenditures for construction activities because
of the enrollments of substantial numbers of
children who reside on Federal lands and because of the difficulty of raising local revenue
through bond referendums for capital projects
due to the inability to tax Federal property.
(Pub. L. 89–10, title VII, § 7001, formerly title
VIII, § 8001, as added Pub. L. 103–382, title I, § 101,
Oct. 20, 1994, 108 Stat. 3749; amended Pub. L.
106–398, § 1 [[div. A], title XVIII, § 1802], Oct. 30,
2000, 114 Stat. 1654, 1654A–368; Pub. L. 108–189,
§ 2(f), Dec. 19, 2003, 117 Stat. 2866; renumbered
title VII, § 7001, and amended Pub. L. 114–95, title
VII, §§ 7001(c)(1), 7002, Dec. 10, 2015, 129 Stat. 2074,
2075.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7001 of Pub. L. 89–10 was classified to
section 3281 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Pub. L. 114–95, § 7002, substituted ‘‘the same
challenging State academic standards’’ for ‘‘challenging State standards’’ in introductory provisions.

Page 1591

TITLE 20—EDUCATION

2003—Pub. L. 108–189 substituted ‘‘section 4001 of title
50’’ for ‘‘section 514 of the Soldiers’ and Sailors’ Civil
Relief Act of 1940 (50 U.S.C. App. 574)’’ in introductory
provisions.
2000—Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1802(1)], inserted in introductory provisions ‘‘in a manner that promotes control by local educational agencies with little or no Federal or State involvement’’
after ‘‘educational services to federally connected children’’ and ‘‘, such as activities to fulfill the responsibilities of the Federal Government with respect to Indian tribes and activities under section 514 of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C.
App. 574),’’ after ‘‘certain activities of the Federal Government’’.
Par. (4). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1802(2)], inserted ‘‘or’’ at end.
Pars. (5), (6). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1802(3)–(5)], redesignated par. (6) as (5), inserted ‘‘and
because of the difficulty of raising local revenue
through bond referendums for capital projects due to
the inability to tax Federal property’’ before period at
end, and struck out former par. (5) which read as follows: ‘‘experience sudden and substantial increases or
decreases in enrollments because of military realignments; or’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1818], Oct.
30, 2000, 114 Stat. 1654, 1654A–389, provided that: ‘‘This
title [amending this section and sections 1228, 7702,
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 6301, 7703, and 7711 of
this title], and the amendments made by this title,
shall take effect on October 1, 2000, or the date of the
enactment of this Act [Oct. 30, 2000], whichever occurs
later.’’
EFFECTIVE DATE
Pub. L. 103–382, § 3(a)(1), Oct. 20, 1994, 108 Stat. 3518,
provided that:
‘‘(A) Title I [amending generally Pub. L. 89–10 (formerly chapter 47 of this title, now this chapter)] and
the amendment made by title I of this Act shall take
effect July 1, 1995, except that those provisions of title
I that apply to programs under title VIII [now VII] (Impact Aid) of the Elementary and Secondary Education
Act of 1965 [this subchapter], as amended by this Act,
and to programs under such Act [this chapter] that are
conducted on a competitive basis, shall be effective
with respect to appropriations for use under such programs for fiscal year 1995 and for subsequent fiscal
years.
‘‘(B) Title VIII of the Elementary and Secondary Education Act of 1965 [this subchapter], as amended by
title I of this Act, shall take effect on the date of the
enactment of this Act [Oct. 20, 1994].’’

§ 7702. Payments relating to Federal acquisition
of real property
(a) In general
Where the Secretary, after consultation with
any local educational agency and with the appropriate State educational agency, determines—
(1) that the United States owns Federal
property in the local educational agency, and
that such property—

§ 7702

(A) has been acquired by the United States
since 1938;
(B) was not acquired by exchange for other
Federal property in the local educational
agency which the United States owned before 1939; and
(C) had an assessed value according to
original records (including facsimiles or
other reproductions of those records) documenting the assessed value of such property
(determined as of the time or times when so
acquired) prepared by the local officials referred to in subsection (b)(3) or, when such
original records are not available due to unintentional destruction (such as natural disaster, fire, flooding, pest infestation, or deterioration due to age), other records, including Federal agency records, local historical records, or other records that the Secretary determines to be appropriate and reliable, aggregating 10 percent or more of the
assessed value of—
(i) all real property in the local educational agency (similarly determined as
of the time or times when such Federal
property was so acquired); or
(ii) all real property in the local educational agency as assessed in the first
year preceding or succeeding acquisition,
whichever is greater, only if—
(I) the assessment of all real property
in the local educational agency is not
made at the same time or times that
such Federal property was so acquired
and assessed; and
(II) State law requires an assessment
be made of property so acquired; and
(2) that such agency is not being substantially compensated for the loss in revenue resulting from such ownership by increases in
revenue accruing to the agency from the conduct of Federal activities with respect to such
Federal property,
then such agency shall be eligible to receive the
amount described in subsection (b) or (h).
(b) Amount
(1) In general
(A)(i)(I) Subject to subclauses (II) and (III),
the amount that a local educational agency
shall be paid under subsection (a) for a fiscal
year shall be calculated in accordance with
paragraph (2).
(II) Except as provided in subclause (III), the
Secretary may not reduce the amount of a
payment under this section to a local educational agency for a fiscal year by (aa) the
amount equal to the amount of revenue, if
any, the agency received during the previous
fiscal year from activities conducted on Federal property eligible under this section and
located in a school district served by the agency, including amounts received from any Federal department or agency (other than the Department of Education) from such activities,
by reason of receipt of such revenue, or (bb)
any other amount by reason of receipt of such
revenue.
(III) If the amount equal to the sum of (aa)
the proposed payment under this section to a

§ 7702

TITLE 20—EDUCATION

local educational agency for a fiscal year and
(bb) the amount of revenue described in subclause (II)(aa) received by the agency during
the previous fiscal year, exceeds the maximum
amount the agency is eligible to receive under
this section for the fiscal year involved, then
the Secretary shall reduce the amount of the
proposed payment under this section by an
amount equal to such excess amount.
(ii) For purposes of clause (i), the amount of
revenue that a local educational agency receives during the previous fiscal year from activities conducted on Federal property shall
not include payments received by the agency
from the Secretary of Defense to support—
(I) the operation of a domestic dependent
elementary or secondary school; or
(II) the provision of a free public education
to dependents of members of the Armed
Forces residing on or near a military installation.
(B) If funds appropriated under section
7714(a) of this title are insufficient to pay the
amount determined under subparagraph (A),
the Secretary shall calculate the payment for
each eligible local educational agency in accordance with subsection (h).
(C) Notwithstanding any other provision of
this subsection, a local educational agency
may not be paid an amount under this section
that, when added to the amount such agency
receives under section 7703(b) of this title, exceeds the maximum amount that such agency
is eligible to receive for such fiscal year under
section 7703(b)(1)(C) of this title, or the maximum amount that such agency is eligible to
receive for such fiscal year under this section,
whichever is greater.
(2) Application of current levied real property
tax rate
In calculating the amount that a local educational agency is eligible to receive for a fiscal year, the Secretary shall apply the current
levied real property tax rate for current expenditures levied by fiscally independent local
educational agencies, or imputed for fiscally
dependent local educational agencies, to the
current annually determined estimated taxable value of such acquired Federal property.
(3) Determination of taxable value for eligible
Federal property
(A) In general
In determining the estimated taxable
value of such acquired Federal property for
fiscal year 2010 and each succeeding fiscal
year, the Secretary shall—
(i) first determine the total taxable
value for the purpose of levying property
tax for school purposes for current expenditures of real property located within the
boundaries of such local educational agency;
(ii) then determine the per acre value of
the eligible Federal property by dividing
the total taxable value as determined in
clause (i) by the difference between the
total acres located within the boundaries
of the local educational agency and the
number of Federal acres eligible under this
section; and

Page 1592

(iii) then determine the total taxable
value of the eligible Federal property by
multiplying the per acre value as calculated under clause (ii) by the number of
Federal acres eligible under this section.
(B) Special rule
In the case of Federal property eligible
under this section that is within the boundaries of 2 or more local educational agencies
that are eligible under this section, any of
such agencies may ask the Secretary to calculate (and the Secretary shall calculate)
the taxable value of the eligible Federal
property that is within its boundaries by—
(i) first calculating the per-acre value of
the eligible Federal property separately
for each eligible local educational agency
that shared the Federal property, as provided in subparagraph (A)(ii);
(ii) then averaging the resulting per-acre
values of the eligible Federal property
from each eligible local educational agency that shares the Federal property; and
(iii) then applying the average per-acre
value to determine the total taxable value
of the eligible Federal property under subparagraph (A)(iii) for the requesting local
educational agency.
(c) Applicability to Tennessee Valley Authority
Act
For the purpose of this section, any real property with respect to which payments are being
made under section 13 of the Tennessee Valley
Authority Act of 1933 [16 U.S.C. 831l] shall not be
regarded as Federal property.
(d) Ownership by United States
The United States shall be deemed to own
Federal property for the purposes of this chapter, where—
(1) prior to the transfer of Federal property,
the United States owned Federal property
meeting the requirements of subparagraphs
(A), (B), and (C) of subsection (a)(1); and
(2) the United States transfers a portion of
the property referred to in paragraph (1) to another nontaxable entity, and the United
States—
(A) restricts some or any construction on
such property;
(B) requires that the property be used in
perpetuity for the public purposes for which
the property was conveyed;
(C) requires the grantee of the property to
report to the Federal Government (or its
agent) regarding information on the use of
the property;
(D) except with the approval of the Federal
Government (or its agent), prohibits the
sale, lease, assignment, or other disposal of
the property unless such sale, lease, assignment, or other disposal is to another eligible
government agency; and
(E) reserves to the Federal Government a
right of reversion at any time the Federal
Government (or its agent) deems it necessary for the national defense.
(e) Local educational agency containing Forest
Service land and serving certain counties
Beginning with fiscal year 1995, a local educational agency shall be deemed to meet the re-

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TITLE 20—EDUCATION

quirements of subsection (a)(1)(C) if such local
educational agency meets the following requirements:
(1) Acreage and acquisition by the Forest Service
The local educational agency serves a school
district that contains between 20,000 and 60,000
acres of land that has been acquired by the
Forest Service of the Department of Agriculture between 1915 and 1990, as demonstrated
by written evidence from the Forest Service
satisfactory to the Secretary.
(2) County charter
The local educational agency serves a county chartered under State law in 1875 or 1890.
For each fiscal year beginning on or after December 10, 2015, the Secretary shall treat local
educational agencies chartered in 1871 having
more than 70 percent of the county in Federal
ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1).
(f) Special rule
For each fiscal year beginning on or after December 10, 2015, a local educational agency shall
be deemed to meet the requirements of subsection (a)(1)(C) if the agency was eligible under
paragraph (1) or (3) of section 7702(f) of this title
as such section was in effect on the day before
December 10, 2015.
(g) Former districts
(1) Consolidations
For fiscal year 2006 and each succeeding fiscal year, if a local educational agency described in paragraph (2) is formed at any time
after 1938 by the consolidation of 2 or more
former school districts, the local educational
agency may elect to have the Secretary determine its eligibility for assistance under this
section for any fiscal year on the basis of 1 or
more of those former districts, as designated
by the local educational agency.
(2) Eligible local educational agencies
A local educational agency referred to in
paragraph (1) is—
(A) any local educational agency that, for
fiscal year 1994 or any preceding fiscal year,
applied, and was determined to be eligible
under, section 2(c) of the Act of September
30, 1950 (Public Law 874, 81st Congress) as
that section was in effect for that fiscal
year; or
(B) a local educational agency—
(i) that was formed by the consolidation
of 2 or more districts, at least 1 of which
was eligible for assistance under this section for the fiscal year preceding the year
of the consolidation; and
(ii) which includes the designation referred to in paragraph (1) in its application
under section 7705 of this title for a fiscal
year beginning on or after December 10,
2015, or any timely amendment to such application.
(3) Amount
A local educational agency eligible under
paragraph (1) shall receive a foundation pay-

§ 7702

ment as provided for under subparagraphs (A)
and (B) of subsection (h)(1), except that the
foundation payment shall be calculated based
on the most recent payment received by the
local educational agency based on its status
prior to consolidation.
(h) Payments with respect to fiscal years in
which insufficient funds are appropriated
For any fiscal year for which the amount appropriated under section 7714(a) of this title is
insufficient to pay to each eligible local educational agency the full amount determined
under subsection (b), the Secretary shall make
payments to each local educational agency
under this section as follows:
(1) Foundation payments for pre-2010 recipients
(A) In general
The Secretary shall first make a foundation payment to each local educational
agency that is determined by the Secretary
to be eligible to receive a payment under
this section for the fiscal year involved and
that filed a timely application, and met, or
has been determined by statute to meet, the
eligibility requirements of subsection (a) for
fiscal year 2009.
(B) Amount
(i) In general
The amount of a payment under subparagraph (A) for a local educational agency
shall be equal to the greater of 90 percent
of the payment the local educational agency received from dollars appropriated for
fiscal year 2009 or 90 percent of the average
payment that the local educational agency
received from dollars appropriated for fiscal years 2006, 2007, 2008, and 2009, and shall
be calculated without regard to the maximum payment provisions in subsection
(b)(1)(C).
(ii) Exception
In calculating such average payment for
a local educational agency that did not receive a payment under subsection (b) for 1
or more of the fiscal years between fiscal
year 2006 and 2009, inclusive, the lowest
such payment made to the agency for fiscal year 2006, 2007, 2008, or 2009, shall be
treated as the payment that the agency received under subsection (b) for each fiscal
year for which the agency did not receive
such a payment.
(C) Insufficient appropriations
If the amount appropriated under section
7714(a) of this title is insufficient to pay the
full amount determined under this paragraph for all eligible local educational agencies for the fiscal year, then the Secretary
shall ratably reduce the payment to each
local educational agency under this paragraph.
(2) Foundation payments for new applicants
(A) First year
From any amounts remaining after making payments under paragraph (1) and sub-

§ 7702

TITLE 20—EDUCATION

section (i)(1) for the fiscal year involved, the
Secretary shall make a payment, in an
amount determined in accordance with subparagraph (C), to each local educational
agency that the Secretary determines eligible for a payment under this section for a
fiscal year after fiscal year 2009 and that did
not receive a payment under paragraph (1)
for the fiscal year for which such agency was
determined eligible for such payment.
(B) Second and succeeding years
For any succeeding fiscal year after the
first fiscal year that a local educational
agency receives a foundation payment under
subparagraph (A), the amount of the local
educational agency’s foundation payment
under this paragraph for such succeeding fiscal year shall be equal to the local educational agency’s foundation payment under
this paragraph for the first fiscal year.
(C) Amounts
The amount of a payment under subparagraph (A) for a local educational agency
shall be determined as follows:
(i) Calculate the local educational agency’s maximum payment under subsection
(b).
(ii) Calculate the percentage that the
amount appropriated under section 7714(a)
of this title for the most recent fiscal year
for which the Secretary has completed
making payments under this section is of
the total maximum payments for such fiscal year for all local educational agencies
eligible for a payment under subsection (b)
and multiply the agency’s maximum payment by such percentage.
(iii) Multiply the amount determined
under clause (ii) by 90 percent.
(D) Insufficient funds
If the amount appropriated under section
7714(a) of this title is insufficient to pay the
full amount determined under this paragraph for all eligible local educational agencies for the fiscal year, then the Secretary
shall ratably reduce the payment to each
local educational agency under this paragraph.
(3) Remaining funds
From any funds remaining after making
payments under paragraphs (1) and (2) for the
fiscal year involved, the Secretary shall make
a payment to each local educational agency
that received a foundation payment under
paragraph (1) or (2) or subsection (i)(1), for the
fiscal year involved in an amount that bears
the same relation to the remainder as a percentage share determined for the local educational agency (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) bears to
the percentage share determined (in the same
manner) for all local educational agencies eligible to receive a payment under this section
for the fiscal year involved, except that, for
the purpose of calculating a local educational
agency’s maximum amount under subsection

Page 1594

(b), data from the most current fiscal year
shall be used.
(4) Data
For each local educational agency that received a payment under this section for fiscal
year 2010 or any succeeding fiscal year, the
Secretary shall not make a payment under
paragraph (3) to a local educational agency
that fails to submit, within 60 days of the date
the Secretary notifies the agency that the information is needed, the data necessary to calculate the maximum amount of a payment
under subsection (b) for that local educational
agency.
(i) Special payments
(1) In general
For any fiscal year beginning with fiscal
year 2000 for which the amount appropriated
to carry out this section exceeds the amount
so appropriated for fiscal year 1996 and for
which subsection (b)(1)(B) applies, the Secretary shall use the remainder described in
subsection (h)(3) for the fiscal year involved
(not to exceed the amount equal to the difference between (A) the amount appropriated
to carry out this section for fiscal year 1997
and (B) the amount appropriated to carry out
this section for fiscal year 1996) to increase the
payment that would otherwise be made under
this section to not more than 50 percent of the
maximum amount determined under subsection (b) for any local educational agency
described in paragraph (2).
(2) Local educational agency described
A local educational agency described in this
paragraph is a local educational agency that—
(A) received a payment under this section
for fiscal year 1996;
(B) serves a school district that contains
all or a portion of a United States military
academy;
(C) serves a school district in which the
local tax assessor has certified that at least
60 percent of the real property is federally
owned; and
(D) 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.
(j) Prior year data
Notwithstanding any other provision of this
section, in determining the eligibility of a local
educational agency for a payment under subsection (b) or (h)(2) of this section for a fiscal
year, and in calculating the amount of such payment, the Secretary—
(1) shall use data from the prior fiscal year
with respect to the Federal property involved,
including data with respect to the assessed
value of the property and the real property tax
rate for current expenditures levied against or
imputed to the property; and
(2) shall use data from the second prior fiscal
year with respect to determining the amount
of
revenue
referred
to
in
subsection
(b)(1)(A)(i).

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TITLE 20—EDUCATION

(k) 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 7713(5)(C)(iii) of
this title, 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 of the
transfer of the Federal property involved to
a non-Federal entity.
(Pub. L. 89–10, title VII, § 7002, formerly title
VIII, § 8002, as added Pub. L. 103–382, title I, § 101,
Oct. 20, 1994, 108 Stat. 3749; amended Pub. L.
104–195, §§ 1, 6, Sept. 16, 1996, 110 Stat. 2379, 2382;
Pub. L. 105–18, title VI, §§ 60004, 60006, June 12,
1997, 111 Stat. 214, 215; Pub. L. 105–78, title III,
Nov. 13, 1997, 111 Stat. 1498; Pub. L. 105–277, div.
A, § 101(f) [title III], Oct. 21, 1998, 112 Stat.
2681–337, 2681–365; Pub. L. 106–113, div. B,
§ 1000(a)(4) [title III], Nov. 29, 1999, 113 Stat. 1535,
1501A–247; Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1803], Oct. 30, 2000, 114 Stat. 1654,
1654A–369; Pub. L. 107–110, title VIII, § 801(a)–(e),
Jan. 8, 2002, 115 Stat. 1947, 1948; Pub. L. 108–447,
div. F, title III, § 305, Dec. 8, 2004, 118 Stat. 3151;
Pub. L. 112–239, div. A, title V, § 563(b)(1), (c)(4),
Jan. 2, 2013, 126 Stat. 1744, 1748; renumbered title
VII, § 7002, and amended Pub. L. 114–95, title VII,
§§ 7001(a)(1), (c)(1), (d)(6), (9), 7003, Dec. 10, 2015,
129 Stat. 2074, 2075.)
Editorial Notes
REFERENCES IN TEXT
Section 7702(f) of this title as such section was in effect on the day before December 10, 2015, referred to in
subsec. (f), means section 7702(f) of this title prior to
amendment by Pub. L. 114–95, title VII, §§ 7001(c)(1),
7003(4), Dec. 10, 2015, 129 Stat. 2074, 2076. See 2015
Amendment note below.
Section 2(c) of the Act of September 30, 1950 (Public
Law 874, 81st Congress), referred to in subsec. (g)(2)(A),
means section 2(c) of act Sept. 30, 1950, ch. 1124, which
was classified to section 237(c) of this title prior to repeal by Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994,
108 Stat. 3965.
PRIOR PROVISIONS
A prior section 7002 of Pub. L. 89–10 was classified to
section 3282 of this title prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Pub. L. 114–95, § 7001(a)(1), repealed Pub. L.
112–239, § 563(c)(4). See 2013 Amendment notes below.

§ 7702

Subsec. (a)(1)(C). Pub. L. 114–95, § 7003(1), inserted introductory provisions and struck out former introductory provisions which read as follows: ‘‘had an assessed
value (determined as of the time or times when so acquired) aggregating 10 percent or more of the assessed
value of—’’.
Subsec. (b)(1)(B). Pub. L. 114–95, § 7001(d)(9), made
technical amendment to reference in original act which
appears in text as reference to section 7714(a) of this
title.
Subsec. (b)(1)(C). Pub. L. 114–95, § 7003(2)(A), made
technical amendment to reference in original act which
appears in text as reference to section 7703(b)(1)(C) of
this title.
Pub. L. 114–95, § 7001(d)(6), made technical amendment
to reference in original act which appears in text as
reference to section 7703(b) of this title.
Subsec. (b)(3)(B). Pub. L. 114–95, § 7003(2)(B), added
subpar. (B) and struck out former subpar. (B). Prior to
amendment, text read as follows: ‘‘In the case of Federal property eligible under this section that is within
the boundaries of 2 or more local educational agencies,
such a local educational agency may ask the Secretary
to calculate the per acre value of each such local educational agency as provided under subparagraph (A)
and apply the average of these per acre values to the
acres of the Federal property in such agency.’’
Subsec. (e)(2). Pub. L. 114–95, § 7003(3), inserted at end
‘‘For each fiscal year beginning on or after December
10, 2015, the Secretary shall treat local educational
agencies chartered in 1871 having more than 70 percent
of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of
subsection (a)(1).’’
Subsec. (f). Pub. L. 114–95, § 7003(4), added subsec. (f)
and struck out former subsec. (f) which related to special rules for certain local educational agencies.
Subsec. (g). Pub. L. 114–95, § 7003(5), added subsec. (g)
and struck out former subsec. (g) which allowed a local
educational agency formed by the consolidation of 2 or
more former school districts to elect to have its eligibility, and the amount which the agency was eligible to
receive, determined only with respect to such of the
former school districts as the agency designated.
Subsec. (h). Pub. L. 114–95, § 7001(d)(9), made technical
amendment to references in original act which appear
in text as references to section 7714(a) of this title
wherever appearing.
Subsec. (h)(4). Pub. L. 114–95, § 7003(6), substituted
‘‘For each local educational agency that received a
payment under this section for fiscal year 2010 or any
succeeding fiscal year’’ for ‘‘For each local educational
agency that received a payment under this section for
fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted’’.
Subsec. (j). Pub. L. 114–95, § 7003(8), (9), redesignated
subsec. (l) as (j) and substituted ‘‘(h)(2)’’ for ‘‘(h)(4)(B)’’
in introductory provisions.
Subsec. (k). Pub. L. 114–95, § 7003(7), (10), redesignated
subsec. (n) as (k) and struck out former subsec. (k)
which related to special rules for certain local educational agencies.
Subsec. (k)(1). Pub. L. 114–95, § 7003(11), made technical amendment to reference in original act which appears in text as reference to section 7713(5)(C)(iii) of
this title.
Subsec. (l). Pub. L. 114–95, § 7003(8), redesignated subsec. (l) as (j).
Subsec. (m). Pub. L. 114–95, § 7003(7), struck out subsec. (m) which related to eligibility of local educational
agencies for payments for Federal property acquired by
the Federal Government.
Subsec. (n). Pub. L. 114–95, § 7003(10), redesignated subsec. (n) as (k).
2013—Pub. L. 112–239, § 563(c)(4), which directed repeal
of the amendments by Pub. L. 112–239, § 563(b)(1), on the
day after the 5-year period that began on Jan. 3, 2013,
was itself repealed by Pub. L. 114–95, § 7001(a)(1).
Subsec. (a). Pub. L. 112–239, § 563(b)(1)(A), struck out
‘‘for a fiscal year ending prior to October 1, 2003’’ at end

§ 7702

TITLE 20—EDUCATION

of introductory provisions and inserted ‘‘or (h)’’ after
‘‘subsection (b)’’ in concluding provisions.
Subsec. (b)(2). Pub. L. 112–239, § 563(b)(1)(B)(i), substituted ‘‘estimated taxable’’ for ‘‘aggregate assessed’’.
Subsec. (b)(3). Pub. L. 112–239, § 563(b)(1)(B)(ii), added
par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘Such aggregate assessed
value of such acquired Federal property shall be determined on the basis of the highest and best use of property adjacent to such acquired Federal property as of
the time such value is determined, and provided to the
Secretary, by the local official responsible for assessing
the value of real property located in the jurisdiction of
such local educational agency for the purpose of levying a property tax.’’
Subsec. (h)(1). Pub. L. 112–239, § 563(b)(1)(C)(i), substituted ‘‘for pre-2010 recipients’’ for ‘‘for pre-1995 recipients’’ in heading, added pars. (A) and (B), and
struck out former pars. (A) and (B) which related to
foundation payments for pre-1995 recipients.
Subsec. (h)(2) to (4). Pub. L. 112–239, § 563(b)(1)(C)(ii),
added pars. (2) to (4) and struck out former pars. (2) to
(4) which related to payments for 1995 recipients, payments in accordance with subsection (i), and funds remaining after making payments, respectively.
2004—Subsec. (m). Pub. L. 108–447 substituted ‘‘7
years’’ for ‘‘5 years’’ in pars. (1), (2)(B), and (3).
2002—Subsec. (h)(1)(A). Pub. L. 107–110, § 801(a)(1), substituted ‘‘and that filed, or has been determined pursuant to statute to have filed a timely application, and
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’’ for ‘‘and was eligible
to receive a payment under section 2 of the Act of September 30, 1950’’.
Subsec. (h)(1)(B). Pub. L. 107–110, § 801(a)(2), substituted ‘‘(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’’ for ‘‘(or if the local educational agency was not
eligible to receive a payment under such section 2 for
fiscal year 1994’’.
Subsec. (h)(2)(A). Pub. L. 107–110, § 801(b)(1), inserted
before period at end ‘‘, 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’’.
Subsec. (h)(2)(B)(ii). Pub. L. 107–110, § 801(b)(2), substituted ‘‘for each local educational agency described
in subparagraph (A)’’ for ‘‘for each local educational
agency that received a payment under this section for
fiscal year 1995’’.
Subsec. (h)(4)(B). Pub. L. 107–110, § 801(c), substituted
‘‘(by dividing the maximum amount that the agency is
eligible to receive under subsection (b) of this section
by the total of the maximum amounts for all such
agencies)’’ for ‘‘(in the same manner as percentage
shares are determined for local educational agencies
under paragraph (2)(B)(ii))’’ and ‘‘, except that, for the
purpose of calculating a local educational agency’s
maximum amount under subsection (b) of this section’’
for ‘‘, except that for the purpose of calculating a local
educational agency’s assessed value of the Federal
property’’.
Subsec. (j). Pub. L. 107–110, § 801(d), struck out subsec.
(j) which authorized additional assistance for certain
local educational agencies impacted by Federal property acquisition.
Subsec. (n). Pub. L. 107–110, § 801(e), added subsec. (n).
2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1803(a)], substituted ‘‘2003’’ for ‘‘1999’’ in introductory provisions.
Subsec. (b)(1)(A)(i). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1803(b)(1)], designated existing provisions as
subcl. (I), substituted ‘‘Subject to subclauses (II) and
(III), the amount’’ for ‘‘The amount’’, struck out
‘‘, except that such amount shall be reduced by the
Secretary by an amount equal to the amount of revenue, if any, that such agency received during the pre-

Page 1596

vious fiscal year from activities conducted on such
Federal property’’ after ‘‘in accordance with paragraph
(2)’’, and added subcls. (II) and (III).
Subsec. (b)(1)(B). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1803(b)(2)], substituted ‘‘shall calculate the payment for each eligible local educational agency in accordance with subsection (h)’’ for ‘‘shall ratably reduce
the payment to each eligible local educational agency’’.
Subsec. (b)(1)(C). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1803(b)(3)], inserted before period at end ‘‘, or
the maximum amount that such agency is eligible to
receive for such fiscal year under this section, whichever is greater’’.
Subsec. (h). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1803(c)], amended heading and text generally. Prior to
amendment, subsec. (h) required the Secretary to pay
under subsec. (b) of this section to eligible local education agencies certain minimum amounts for fiscal
years 1995 to 2000.
Subsec. (i). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1803(d)(2)], substituted ‘‘Special’’ for ‘‘Priority’’ in
heading.
Subsec. (i)(1). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1803(d)(1)], amended heading and text of par. (1) generally. Prior to amendment, text read as follows: ‘‘Notwithstanding subsection (b)(1)(B) of this section, and
for any fiscal year beginning with fiscal year 1997 for
which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year
1996—
‘‘(A) the Secretary shall first use the excess amount
(not to exceed the amount equal to the difference of
(i) the amount appropriated to carry out this section
for fiscal year 1997, and (ii) the amount appropriated
to carry out this section for fiscal year 1996) to increase the payment that would otherwise be made
under this section to not more than 50 percent of the
maximum amount determined under subsection (b) of
this section for any local educational agency described in paragraph (2); and
‘‘(B) the Secretary shall use the remainder of the
excess amount to increase the payments to each eligible local educational agency under this section.’’
Subsec. (j)(2). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1803(e)], struck out ‘‘(A)’’ before ‘‘A local educational
agency’’, redesignated cls. (i) to (v) as subpars. (A) to
(E), respectively, and inserted ‘‘and, at the time at
which the agency is applying for a payment under this
subsection, the agency does not have a military installation located within its geographic boundaries’’ before
the semicolon at the end of subpar. (C).
Subsec. (l). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1803(f)], added subsec. (l).
Subsec. (m). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1803(g)], added subsec. (m).
1999—Subsec. (f)(3) to (5). Pub. L. 106–113 added pars.
(3) to (5).
1998—Subsec. (f). Pub. L. 105–277 designated existing
provisions as par. (1) and added par. (2).
Subsec. (k). Pub. L. 105–277 added subsec. (k).
1997—Subsec. (h)(1)(C). Pub. L. 105–18, § 60004, added
subpar. (C).
Subsec. (i). Pub. L. 105–18, § 60006, amended heading
and text of subsec. (i) generally. Prior to amendment,
text read as follows: ‘‘Notwithstanding subsection
(b)(1)(B) of this section, and for any fiscal year beginning with fiscal year 1997 for which the amount appropriated to carry out this section exceeds the amount so
appropriated for fiscal year 1996, the Secretary shall
first use such excess amount to increase the payment
that would otherwise be made under this section to not
more than 50 percent of the maximum amount determined under subsection (b) of this section for any local
educational agency that—
‘‘(1) received a payment under this section for fiscal
year 1996;
‘‘(2) serves a school district that contains all or a
portion of a United States military academy;
‘‘(3) serves a school district in which the local tax
assessor has certified that at least 60 percent of the
real property is federally owned; and

Page 1597

TITLE 20—EDUCATION

‘‘(4) 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.’’
Subsec. (j). Pub. L. 105–78 added subsec. (j).
1996—Subsecs. (g), (h). Pub. L. 104–195, § 1, added subsecs. (g) and (h).
Subsec. (i). Pub. L. 104–195, § 6, added subsec. (i).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.
EFFECTIVE DATE OF 2013 AMENDMENT
Pub. L. 112–239, div. A, title V, § 563(c), Jan. 2, 2013, 126
Stat. 1748, as amended by Pub. L. 113–291, div. A, title
V, § 563, Dec. 19, 2014, 128 Stat. 3384; Pub. L. 114–95, title
VII, § 7001(a), title IX, § 9215(pp), Dec. 10, 2015, 129 Stat.
2074, 2180, provided that:
‘‘(1) EFFECTIVE DATE.—With respect to applications
submitted under section 8002 [now 7002] of the Elementary and Secondary Education Act of 1965 [20 U.S.C.
7702], as such section was in effect on the day before the
date of enactment of the Every Student Succeeds Act
[Dec. 10, 2015], for fiscal year 2010, title VIII [now VII]
of the Elementary and Secondary Education Act of 1965
[20 U.S.C. 7701 et seq.] (including the amendments made
by subsection (b)(1) [amending this section]), as in effect on such date, and subsection (b)(1) shall take effect
with respect to such applications, notwithstanding section 8005(d) [now 7005(d)] of such Act [20 U.S.C. 7705(d)],
as in effect on such date.
‘‘(2) IMPLEMENTATION.—The Secretary of Education
shall carry out the amendments made by this section
[amending this section and sections 7703 and 7710 of this
title] without regard to the rulemaking procedures
under section 553 of title 5, United States Code.
‘‘[(3) Redesignated (2).]
‘‘[(4) Repealed. Pub. L. 114–95, title VII, § 7001(a)(1),
Dec. 10, 2015, 129 Stat. 2074.]’’
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
and effective with respect to appropriations for use
under this subchapter for fiscal year 2002, see section 5
of Pub. L. 107–110, set out as an Effective Date note
under section 6301 of this title.
CONSOLIDATIONS
Pub. L. 113–76, div. H, title III, § 309, Jan. 17, 2014, 128
Stat. 400, allowed a local educational agency formed by
the consolidation of 2 or more former school districts
to elect to have the Secretary of Education determine
its eligibility for fiscal year 2006 and any succeeding
fiscal year on the basis of 1 or more of such former districts, prior to repeal by Pub. L. 114–95, title VII,
§ 7001(b), Dec. 10, 2015, 129 Stat. 2074.

§ 7703. Payments for eligible federally connected
children
(a) Computation of payment
(1) In general
For the purpose of computing the amount
that a local educational agency is eligible to
receive under subsection (b) or (d) for any fiscal year, the Secretary shall determine the
number of children who were in average daily
attendance in the schools of such agency, and
for whom such agency provided free public
education, during the preceding school year
and who, while in attendance at such schools—

§ 7703

(A)(i) resided on Federal property with a
parent employed on Federal property situated in whole or in part within the boundaries of the school district of such agency; or
(ii) resided on Federal property with a parent who is an official of, and accredited by,
a foreign government and is a foreign military officer;
(B) resided on Federal property and had a
parent on active duty in the uniformed services (as defined in section 101 of title 37);
(C) resided on Indian lands;
(D)(i) had a parent on active duty in the
uniformed services (as defined by section 101
of title 37) but did not reside on Federal
property; or
(ii) had a parent who is an official of, and
has been accredited by, a foreign government and is a foreign military officer but did
not reside on Federal property;
(E) resided in low-rent housing;
(F) resided on Federal property and is not
described in subparagraph (A) or (B); or
(G) resided with a parent employed on Federal property situated—
(i) in whole or in part in the county in
which such agency is located, or in whole
or in part in such agency if such agency is
located in more than one county; or
(ii) if not in such county, in whole or in
part in the same State as such agency.
(2) Determination of weighted student units
For the purpose of computing the basic support payment under subsection (b), the Secretary shall calculate the total number of
weighted student units for a local educational
agency by adding together the results obtained by the following computations:
(A) Multiply the number of children described in subparagraphs (A) and (B) of paragraph (1) by a factor of 1.0.
(B) Multiply the number of children described in paragraph (1)(C) by a factor of
1.25.
(C) Multiply the number of children described in subparagraphs (A) and (B) of paragraph (1) by a factor of .35 if the local educational agency has—
(i) a number of such children described
in such subparagraphs which exceeds 5,000;
and
(ii) an average daily attendance for all
children which exceeds 100,000.
(D) Multiply the number of children described in subparagraph (D) of paragraph (1)
by a factor of .20.
(E) Multiply the number of children described in subparagraph (E) of paragraph (1)
by a factor of .10.
(F) Multiply the number of children described in subparagraphs (F) and (G) of paragraph (1) by a factor of .05.
(3) Special rule
The Secretary shall only compute a payment for a local educational agency for children described in subparagraph (F) or (G) of
paragraph (1) if the number of such children
equals or exceeds 1,000 or such number equals
or exceeds 10 percent of the total number of

§ 7703

TITLE 20—EDUCATION

students in average daily attendance in the
schools of such agency.
(4) Military installation and Indian housing undergoing renovation or rebuilding
(A) Military installation housing
Beginning in fiscal year 2014, in determining the amount of a payment for a local
educational agency for children described in
paragraph (1)(D)(i), the Secretary shall consider those children as if they were children
described in paragraph (1)(B) if the Secretary determines, on the basis of a certification provided to the Secretary by a designated representative of the Secretary of
Defense, that those children would have resided in housing on Federal property if the
housing was not undergoing renovation or
rebuilding. The total number of children
treated as children described in paragraph
(1)(B) shall not exceed the lessor of—
(i) the total number of children eligible
under paragraph (1)(B) for the year prior to
the initiation of the housing project on
Federal property undergoing renovation or
rebuilding; or
(ii) the total number of Federally connected children enrolled at the local educational agency as stated in the application filed for the payment for the year for
which the determination is made.
(B) Indian lands
Beginning in fiscal year 2014, in determining the amount of a payment for a local
educational agency that received a payment
for children that resided on Indian lands in
accordance with paragraph (1)(C) for the fiscal year prior to the fiscal year for which
the local educational agency is making an
application, the Secretary shall consider
those children to be children described in
paragraph (1)(C) if the Secretary determines
on the basis of a certification provided to
the Secretary by a designated representative
of the Secretary of the Interior or the Secretary of Housing and Urban Development
that those children would have resided in
housing on Indian lands if the housing was
not undergoing renovation or rebuilding.
The total number of children treated as children described in paragraph (1)(C) shall not
exceed the lessor of—
(i) the total number of children eligible
under paragraph (1)(C) for the year prior to
the initiation of the housing project on Indian lands undergoing renovation or rebuilding; or
(ii) the total number of Federally connected children enrolled at the local educational agency as stated in the application filed for the payment for the year for
which the determination is made.
(C) Eligible housing
Renovation or rebuilding shall be defined
as projects considered as capitalization,
modernization, or restoration, as defined by
the Secretary of Defense or the Secretary of
the Interior (as the case may be) and are
projects that last more than 30 days, but do
not include ‘‘sustainment projects’’ such as
painting, carpeting, or minor repairs.

Page 1598

(5) Military ‘‘Build to Lease’’ program housing
(A) In general
For purposes of computing the amount of
payment for a local educational agency for
children identified under paragraph (1), the
Secretary shall consider children residing in
housing initially acquired or constructed
under the former section 2828(g) of title 10
(commonly known as the ‘‘Build to Lease’’
program), as added by section 801 of the
Military Construction Authorization Act,
1984, or under lease of off-base property
under subchapter IV of chapter 169 of title
10, to be children described under paragraph
(1)(B), if the property described is—
(i) within the fenced security perimeter
of the military facility; or
(ii) attached to, and under any type of
force protection agreement with, the military installation upon which such housing
is situated.
(B) Additional requirements
If the property described in subparagraph
(A) is not owned by the Federal Government,
is subject to taxation by a State or political
subdivision of a State, and thereby generates revenues for a local educational agency that is applying to receive a payment
under this section, then the Secretary—
(i) shall require the local educational
agency to provide certification from an appropriate official of the Department of Defense that the property is being used to
provide military housing; and
(ii) shall reduce the amount of the payment under this section by an amount
equal to the amount of revenue from such
taxation received in the second preceding
fiscal year by such local educational agency, unless the amount of such revenue was
taken into account by the State for such
second preceding fiscal year and already
resulted in a reduction in the amount of
State aid paid to such local educational
agency.
(b) Basic support payments; insufficient appropriations; State with only one local educational agency
(1) Basic support payments
(A) In general
From the amount appropriated under section 7714(b) of this title for a fiscal year, the
Secretary is authorized to make basic support payments to eligible local educational
agencies with children described in subsection (a).
(B) Eligibility
A local educational agency is eligible to
receive a basic support payment under subparagraph (A) for a fiscal year with respect
to a number of children determined under
subsection (a)(1) only if the number of children so determined with respect to such
agency amounts to the lesser of—
(i) at least 400 such children; or
(ii) a number of such children which
equals at least 3 percent of the total number of children who were in average daily

Page 1599

TITLE 20—EDUCATION

attendance, during such year, at the
schools of such agency and for whom such
agency provided free public education.
(C) Maximum amount
The maximum amount that a local educational agency is eligible to receive under
this paragraph for any fiscal year is the sum
of the total weighted student units, as computed under subsection (a)(2), multiplied by
the greater of—
(i) one-half of the average per-pupil expenditure of the State in which the local
educational agency is located for the third
fiscal year preceding the fiscal year for
which the determination is made;
(ii) one-half of the average per-pupil expenditure of all of the States for the third
fiscal year preceding the fiscal year for
which the determination is made;
(iii) the comparable local contribution
rate certified by the State, as determined
under regulations prescribed to carry out
the Act of September 30, 1950 (Public Law
874, 81st Congress), as such regulations
were in effect on January 1, 1994; or
(iv) the average per-pupil expenditure of
the State in which the local educational
agency is located, multiplied by the local
contribution percentage.
(D) Data
If satisfactory data from the third preceding fiscal year are not available for any
of the expenditures described in clause (i) or
(ii) of subparagraph (C), the Secretary shall
use data from the most recent fiscal year for
which data that are satisfactory to the Secretary are available.
(E) Increase in local contribution rate due to
unusual geographic factors
If the current expenditures in those local
educational agencies which the Secretary
has determined to be generally comparable
to the local educational agency for which a
computation is made under subparagraph (C)
are not reasonably comparable because of
unusual geographical factors which affect
the current expenditures necessary to maintain, in such agency, a level of education
equivalent to that maintained in such other
agencies, then the Secretary shall increase
the local contribution rate for such agency
under subparagraph (C)(iii) by such an
amount which the Secretary determines will
compensate such agency for the increase in
current expenditures necessitated by such
unusual geographical factors. The amount of
any such supplementary payment may not
exceed the per-pupil share (computed with
regard to all children in average daily attendance), as determined by the Secretary,
of the increased current expenditures necessitated by such unusual geographic factors.
(F) Beginning with fiscal year 2002, for the
purpose of calculating a payment under this
paragraph for a local educational agency
whose local contribution rate was computed
under subparagraph (C)(iii) for the previous
year, the Secretary shall use a local contribution rate that is not less than 95 per-

§ 7703

cent of the rate that the LEA received for
the preceding year.
(2) Basic support payments for heavily impacted local educational agencies
(A) In general
(i) From the amount appropriated under
section 7714(b) of this title for a fiscal year,
the Secretary is authorized to make basic
support payments to eligible heavily impacted local educational agencies with children described in subsection (a).
(ii) A local educational agency that receives a basic support payment under this
paragraph for a fiscal year shall not be eligible to receive a basic support payment under
paragraph (1) for that fiscal year.
(B) Eligibility for heavily impacted local educational agencies
(i) In general
A heavily impacted local educational
agency is eligible to receive a basic support payment under subparagraph (A) with
respect to a number of children determined under subsection (a)(1) if the agency—
(I) is a local educational agency—
(aa) whose boundaries are the same
as a Federal military installation; or
(bb)(AA) whose boundaries are the
same as an island property designated
by the Secretary of the Interior to be
property that is held in trust by the
Federal Government; and
(BB) that has no taxing authority;
(II) is a local educational agency
that—
(aa) has an enrollment of children
described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is
not less than 45 percent;
(bb) has a per-pupil expenditure that
is less than—
(AA) for an agency that has a total
student enrollment of 500 or more
students, 125 percent of the average
per-pupil expenditure of the State in
which the agency is located; or
(BB) for any agency that has a
total student enrollment of less than
500 students, 150 percent of the average per-pupil expenditure of the
State in which the agency is located
or the average per-pupil expenditure
of 3 or more comparable local educational agencies in the State in
which the agency is located; and
(cc) is an agency that has a tax rate
for general fund purposes that is not
less than 95 percent of the average tax
rate for general fund purposes of comparable local educational agencies in
the State;
(III) is a local educational agency
that—
(aa) has a tax rate for general fund
purposes which is not less than 125 percent of the average tax rate for general

TITLE 20—EDUCATION

§ 7703

fund purposes for comparable local
educational agencies in the State;
(bb)(AA) has an enrollment of children described in subsection (a)(1) that
constitutes a percentage of the total
student enrollment of the agency that
is not less than 30 percent; or
(BB) has an enrollment of children
described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is
not less than 20 percent, and for the 3
fiscal years preceding the fiscal year
for which the determination is made,
the average enrollment of children who
are not described in subsection (a)(1)
and who are eligible for a free or reduced price lunch under the Richard B.
Russell National School Lunch Act [42
U.S.C. 1751 et seq.] constitutes a percentage of the total student enrollment of the agency that is not less
than 65 percent and received assistance
for fiscal year 2017 pursuant to subparagraph (G); and
(cc) received assistance under subparagraph (A) of section 7703(b)(2) of
this title,1 as such section was in effect
on the day before December 10, 2015, for
a fiscal year prior to fiscal year 2017;
(IV) is a local educational agency that
received a payment for fiscal year 2015
under section 7703(b)(2)(E) 1 of this title
(as such section was in effect for such
fiscal year) and has a total student enrollment of not less than 25,000 students,
of which—
(aa) not less than 35 percent are children described in subsection (a)(1); and
(bb)(AA) not less than 3,500 of such
children are children described in subparagraphs (A) and (B) of subsection
(a)(1); or
(BB) not less than 7,000 of such children are children described in subparagraph (D) of subsection (a)(1);
(V) is a local educational agency
that—
(aa) has an enrollment of children
described in subsection (a)(1) including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that is not less than 35 percent
of the total student enrollment of the
agency;
(bb) has a per-pupil expenditure described in subclause (II)(bb) (except
that a local educational agency with a
total student enrollment of less than
350 students shall be deemed to have
satisfied such per-pupil expenditure requirement) and has a tax rate for general fund purposes which is not less
than 95 percent of the average tax rate
for general fund purposes for comparable local educational agencies in
the State; and
1 See

References in Text note below.

Page 1600

(cc) was eligible to receive assistance
under subparagraph (A) for fiscal year
2001.
(ii) Loss of eligibility
(I) In general
Subject to subclause (II), a heavily impacted local educational agency that
met the requirements of clause (i) for a
fiscal year shall be ineligible to receive a
basic support payment under subparagraph (A) if the agency fails to meet the
requirements of clause (i) for a subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for
the fiscal year for which the ineligibility
determination is made.
(II) Loss of eligibility due to falling below
95 percent of the average tax rate for
general fund purposes
In the case of a heavily impacted local
educational agency described in subclause (II) or (V) of clause (i) that is eligible to receive a basic support payment
under subparagraph (A), but that has
had, for 2 consecutive fiscal years, a tax
rate for general fund purposes that falls
below 95 percent of the average tax rate
for general fund purposes of comparable
local educational agencies in the State,
such agency shall be determined to be
ineligible under clause (i) and ineligible
to receive a basic support payment under
subparagraph (A) for each fiscal year
succeeding such 2 consecutive fiscal
years for which the agency has such a
tax rate for general fund purposes, and
until the fiscal year for which the agency resumes such eligibility in accordance
with clause (iii).
(III) Taken over by State board of education
In the case of a heavily impacted local
educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has been taken
over by a State board of education in
any 2 previous years, such agency shall
be deemed to maintain heavily impacted
status for 2 fiscal years following December 10, 2015.
(iii) Eligibility
(I) First time
A local educational agency seeking a
payment under this paragraph for the
first time shall apply for and be determined eligible under clause (i) for 2 consecutive years before receiving such a
payment, and shall not receive such a
payment for the first year of eligibility.
(II) Resumption of eligibility
A heavily impacted local educational
agency described in clause (i) that becomes ineligible under such clause for 1
or more fiscal years may resume eligibility for a basic support payment under
this paragraph for a subsequent fiscal

Page 1601

TITLE 20—EDUCATION

year only if the agency meets the requirements of clause (i) for that subsequent fiscal year, except that such agency shall not receive a basic support payment under this paragraph until the fiscal year succeeding the fiscal year for
which the eligibility determination is
made.
(C) Maximum amount for heavily impacted
local educational agencies
(i) In general
Except as provided in subparagraph (D),
the maximum amount that a heavily impacted local educational agency is eligible
to receive under this paragraph for any fiscal year is the sum of the total weighted
student units, as computed under subsection (a)(2) and subject to clause (ii),
multiplied by the greater of—
(I) four-fifths of the average per-pupil
expenditure of the State in which the
local educational agency is located for
the third fiscal year preceding the fiscal
year for which the determination is
made; or
(II) four-fifths of the average per-pupil
expenditure of all of the States for the
third fiscal year preceding the fiscal
year for which the determination is
made.
(ii) Calculation of weighted student units
(I) In general
(aa) Percentage enrollment
For a local educational agency in
which 35 percent or more of the total
student enrollment of the schools of
the agency are children described in
subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and
that has an enrollment of children described in subparagraph (A), (B), or (C)
of such subsection equal to at least 10
percent of the agency’s total enrollment, the Secretary shall calculate the
weighted student units of those children described in subparagraph (D) or
(E) of such subsection by multiplying
the number of such children by a factor of 0.55.
(bb) Exception
Notwithstanding item (aa), a local
educational agency that received a
payment under this paragraph for fiscal year 2013 shall not be required to
have an enrollment of children described in subparagraph (A), (B), or (C)
of subsection (a)(1) equal to at least 10
percent of the agency’s total enrollment and shall be eligible for the student weight as provided for in item
(aa).
(II) Enrollment of 100 or fewer children
For a local educational agency that
has an enrollment of 100 or fewer children described in subsection (a)(1), the
Secretary shall calculate the total number of weighted student units for pur-

§ 7703

poses of subsection (a)(2) by multiplying
the number of such children by a factor
of 1.75.
(III) Enrollment of more than 100 children but less than 1000
For a local educational agency that is
not
described
under
subparagraph
(B)(i)(I) and has an enrollment of more
than 100 but not more than 1,000 children
described in subsection (a)(1), the Secretary shall calculate the total number
of weighted student units for purposes of
subsection (a)(2) by multiplying the
number of such children by a factor of
1.25.
(D) Maximum amount for large heavily impacted local educational agencies
(i) In general
(I) Formula
Subject to clauses (ii), (iii), and (iv),
the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal
year shall be determined in accordance
with the formula described in paragraph
(1)(C).
(II) Heavily impacted local educational
agency
A heavily impacted local educational
agency described in this subclause is a
local educational agency that received a
payment for fiscal year 2015 under section 7703(b)(2)(E) 1 of this title (as such
section was in effect for such fiscal year)
and has a total student enrollment of
not less than 25,000 students, of which
not less than 35 percent are children described in subsection (a)(1) and—
(aa) not less than 3,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1);
or
(bb) not less than 7,000 of such children are children described in subparagraph (D) of subsection (a)(1).
(ii) Factor
For purposes of calculating the maximum amount described in clause (i), the
factor used in determining the weighted
student units under subsection (a)(2) with
respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall
be—
(I) for fiscal year 2016, 1.35;
(II) for each of fiscal years 2017 and
2018, 1.38;
(III) for fiscal year 2019, 1.40;
(IV) for fiscal year 2020, 1.42; and
(V) for fiscal year 2021 and each fiscal
year thereafter, 1.45.
(iii) Factor for children who live off base
For purposes of calculating the maximum amount described in clause (i), the
factor used in determining the weighted
student units under subsection (a)(2) with
respect to children described in subsection
(a)(1)(D) shall be—

§ 7703

TITLE 20—EDUCATION
(I) for fiscal year 2016, .20;
(II) for each of fiscal years 2017 and
2018, .22;
(III) for each of fiscal years 2019 and
2020, .25; and
(IV) for fiscal year 2021 and each fiscal
year thereafter—
(aa) .30 with respect to each of the
first 7,000 children; and
(bb) .25 with respect to the number of
children that exceeds 7,000.
(iv) Special rule

Notwithstanding clauses (ii) and (iii), for
fiscal year 2020 or any succeeding fiscal
year, if the number of students who are
children described in subparagraphs (A)
and (B) of subsection (a)(1) for a local educational agency subject to this subparagraph exceeds 7,000 for such year or the
number of students who are children described in subsection (a)(1)(D) for such
local educational agency exceeds 12,750 for
such year, then—
(I) the factor used, for the fiscal year
for which the determination is being
made, to determine the weighted student
units under subsection (a)(2) with respect
to children described in subparagraphs
(A) and (B) of subsection (a)(1) shall be
1.40; and
(II) the factor used, for such fiscal
year, to determine the weighted student
units under subsection (a)(2) with respect
to children described in subsection
(a)(1)(D) shall be .20.
(E) Data
For purposes of providing assistance under
this paragraph, the Secretary shall use student, revenue, expenditure, and tax data
from the third fiscal year preceding the fiscal year for which the local educational
agency is applying for assistance under this
paragraph.
(F) Determination of average tax rates for
general fund purposes
(i) In general
Except as provided in clause (ii), for the
purpose of determining the average tax
rates for general fund purposes for local
educational agencies in a State under this
paragraph, the Secretary shall use either—
(I) the average tax rate for general
fund purposes for comparable local educational agencies, as determined by the
Secretary in regulations; or
(II) the average tax rate of all the local
educational agencies in the State.
(ii) Fiscal years 2010–2015
(I) In general
For fiscal years 2010 through 2015, any
local educational agency that was found
ineligible to receive a payment under
subparagraph (A) because the Secretary
determined that it failed to meet the average tax rate requirement for general
fund
purposes
in
subparagraph
(B)(i)(II)(cc), shall be considered to have
met that requirement, if its State deter-

Page 1602

mined, through an alternate calculation
of average tax rates for general fund purposes, that such local educational agency met that requirement.
(II) Subsequent fiscal years after 2015
For any succeeding fiscal year after
2015, any local educational agency identified in subclause (I) may continue to
have its State use that alternate methodology to calculate whether the average tax rate requirement for general
fund
purposes
under
subparagraph
(B)(i)(II)(cc) is met.
(III) Availability of funds
Notwithstanding any other provision
of law limiting the period during which
the Secretary may obligate funds appropriated for any fiscal year after 2012, the
Secretary shall reserve a total of
$14,000,000 from funds that remain unobligated under this section from fiscal
years 2015 or 2016 in order to make payments under this clause for fiscal years
2011 through 2014.
(G) Eligibility for heavily impacted local educational agencies affected by privatization of military housing
(i) Eligibility
For any fiscal year, a heavily impacted
local educational agency that received a
basic support payment under this paragraph for the prior fiscal year, but is ineligible for such payment for the current fiscal year under subparagraph (B) due to the
conversion of military housing units to
private housing described in clause (iii), or
as the direct result of base realignment
and closure or modularization as determined by the Secretary of Defense and
force structure change or force relocation,
shall be deemed to meet the eligibility requirements under subparagraph (B) for the
period during which the housing units are
undergoing such conversion or during such
time as activities associated with base closure and realignment, modularization,
force structure change, or force relocation
are ongoing.
(ii) Amount of payment
The amount of a payment to a heavily
impacted local educational agency for a
fiscal year by reason of the application of
clause (i), and calculated in accordance
with subparagraph (C) or (D), as the case
may be, shall be based on the number of
children in average daily attendance in the
schools of such agency for the fiscal year
and under the same provisions of subparagraph (C) or (D) under which the agency
was paid during the prior fiscal year.
(iii) Conversion of military housing units to
private housing described
For purposes of clause (i), ‘‘conversion of
military housing units to private housing’’
means the conversion of military housing
units to private housing units pursuant to
subchapter IV of chapter 169 of title 10 or

Page 1603

TITLE 20—EDUCATION

pursuant to any other related provision of
law.
(3) Payments with respect to fiscal years in
which insufficient funds are appropriated
(A) In general
For any fiscal year in which the sums appropriated under section 7714(b) of this title
are insufficient to pay to each local educational agency the full amount computed
under paragraphs (1) and (2), the Secretary
shall make payments in accordance with
this paragraph.
(B) Learning opportunity threshold payments in lieu of payments under paragraph (1)
(i) For fiscal years described in subparagraph (A), the Secretary shall compute a
learning opportunity threshold payment
(hereafter in this subchapter referred to as
the ‘‘threshold payment’’) in lieu of basic
support payments under paragraph (1) by
multiplying the amount obtained under
paragraph (1)(C) by the total percentage obtained by adding—
(I) the percentage of federally connected
children for each local educational agency
determined by calculating the fraction,
the numerator of which is the total number of children described under subsection
(a)(1) and the denominator of which is the
total number of children in average daily
attendance at the schools served by such
agency; and
(II) the percentage that funds under
paragraph (1)(C) represent of the total
budget of the local educational agency, determined by calculating the fraction, the
numerator of which is the total amount of
funds calculated for each local educational
agency under this paragraph, and the denominator of which is the total current expenditures for such agency in the second
preceding fiscal year for which the determination is made.
(ii) Such total percentage used to calculate threshold payments under paragraph
(1) shall not exceed 100.
(iii) In the case of a local educational
agency providing a free public education to
students enrolled in kindergarten through
grade 12, that enrolls students described in
subparagraphs (A), (B), and (D) of subsection
(a)(1) only in grades 9 through 12, and that
received a final payment for fiscal year 2009
calculated under section 7703(b)(3) of this
title (as such section was in effect on the
day before December 10, 2015) for students in
grades 9 through 12, the Secretary shall, in
calculating the agency’s payment, consider
only that portion of such agency’s total enrollment of students in grades 9 through 12
when calculating the percentage under
clause (i)(I) and only that portion of the
total current expenditures attributed to the
operation of grades 9 through 12 in such
agency when calculating the percentage
under clause (i)(II).
(iv) In the case of a local educational agency that has a total student enrollment of

§ 7703

fewer than 1,000 students and that has a perpupil expenditure that is less than the average per-pupil expenditure of the State in
which the agency is located or less than the
average per-pupil expenditure of all the
States, the total percentage used to calculate threshold payments under clause (i)
shall not be less than 40 percent.
(C) Learning opportunity threshold payments in lieu of payments under paragraph (2)
For fiscal years described in subparagraph
(A), the learning opportunity threshold payment in lieu of basic support payments
under paragraph (2) shall be equal to the
amount obtained under subparagraph (C) or
(D) of paragraph (2), as the case may be.
(D) Ratable distribution
For fiscal years described in subparagraph
(A), for which the sums available exceed the
amount required to pay each local educational agency 100 percent of its threshold
payment, the Secretary shall distribute the
excess sums to each eligible local educational agency that has not received its full
amount computed under paragraphs (1) or (2)
(as the case may be) by multiplying—
(i) a percentage, the denominator of
which is the difference between the full
amount computed under paragraph (1) or
(2) (as the case may be) for all local educational agencies and the amount of the
threshold payment (as calculated under
subparagraphs (B) and (C)) of all local educational agencies, and the numerator of
which is the aggregate of the excess sums,
by
(ii) the difference between the full
amount computed under paragraph (1) or
(2) (as the case may be) for the agency and
the amount of the threshold payment (as
calculated under subparagraphs (B) or (C))
of the agency, except that no local educational agency shall receive more than
100 percent of the maximum payment calculated under subparagraph (C) or (D) of
paragraph (2).
(E) Insufficient payments
For each fiscal year described in subparagraph (A) for which the sums appropriated
are insufficient to pay each local educational agency all of the local educational
agency’s threshold payment described in
subparagraph (B), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph.
(F) Increases
(i) Increases based on insufficient funds
If additional funds become available
under 7714(b) of this title for making payments under paragraphs (1) and (2) and
those funds are not sufficient to increase
each local educational agency’s threshold
payment above 100 percent of its threshold
payment described in subparagraph (B),
payments that were reduced under subparagraph (E) shall be increased by the
Secretary on the same basis as such payments were reduced.

§ 7703

TITLE 20—EDUCATION

(ii) Increases based on sufficient funds
If additional funds become available
under section 7714(b) of this title for making payments under paragraphs (1) and (2)
and those funds are sufficient to increase
each local educational agency’s threshold
payment above 100 percent of its threshold
payment described in subparagraph (B),
the payment for each local educational
agency shall be 100 percent of its threshold
payment. The Secretary shall then distribute the excess sums to each eligible
local educational agency in accordance
with subparagraph (D).
(G) Provision of tax rate and resulting percentage
As soon as practicable following the payment of funds under paragraph (2) to an eligible local educational agency, the Secretary shall provide the local educational
agency with a description of—
(i) the tax rate of the local educational
agency; and
(ii) the percentage such tax rate represents of the average tax rate for general
fund purposes of comparable local educational agencies in the State as determined under subclauses (II)(cc), III(aa), or
(V)(bb) of paragraph (2)(B)(i) (as the case
may be).
(4) States with only one local educational agency
(A) In general
In any of the 50 States of the United
States in which there is only one local educational agency, the Secretary shall, for
purposes of subparagraphs (B) and (C) of
paragraph (1) or subparagraphs (B) and (C) of
paragraph (2), as the case may be, paragraph
(3) of this subsection, and subsection (e),
consider each administrative school district
in the State to be a separate local educational agency.
(B) Computation of maximum amount of
basic support payment and threshold
payment
In computing the maximum payment
amount under paragraph (1)(C) or subparagraph (C) or (D) of paragraph (2), as the case
may be, and the learning opportunity
threshold payment under subparagraph (B)
or (C) of paragraph (3), as the case may be,
for an administrative school district described in subparagraph (A)—
(i) the Secretary shall first determine
the maximum payment amount and the
total current expenditures for the State as
a whole; and
(ii) the Secretary shall then—
(I) proportionately allocate such maximum payment amount among the administrative school districts on the basis
of the respective weighted student units
of such districts; and
(II) proportionately allocate such total
current expenditures among the administrative school districts on the basis of
the respective number of students in average daily attendance at such districts.

Page 1604

(5) Local educational agencies affected by removal of Federal property
(A) In general
In computing the amount of a basic support payment under this subsection for a fiscal year for a local educational agency described in subparagraph (B), the Secretary
shall meet the additional requirements described in subparagraph (C).
(B) Local educational agency described
A local educational agency described in
this subparagraph is a local educational
agency with respect to which Federal property (i) located within the boundaries of the
agency, and (ii) on which one or more children reside who are receiving a free public
education at a school of the agency, is transferred by the Federal Government to another entity in any fiscal year beginning on
or after October 30, 2000, so that the property
is subject to taxation by the State or a political subdivision of the State.
(C) Additional requirements
The additional requirements described in
this subparagraph are the following:
(i) For each fiscal year beginning after
the date on which the Federal property is
transferred, a child described in subparagraph (B) who continues to reside on such
property and who continues to receive a
free public education at a school of the
agency shall be deemed to be a child who
resides on Federal property for purposes of
computing under the applicable subparagraph of subsection (a)(1) the amount that
the agency is eligible to receive under this
subsection.
(ii)(I) For the third fiscal year beginning
after the date on which the Federal property is transferred, and for each fiscal year
thereafter, the Secretary shall, after computing the amount that the agency is otherwise eligible to receive under this subsection for the fiscal year involved, deduct
from such amount an amount equal to the
revenue received by the agency for the immediately preceding fiscal year as a result
of the taxable status of the former Federal
property.
(II) For purposes of determining the
amount of revenue to be deducted in accordance with subclause (I), the local educational agency—
(aa) shall provide for a review and certification of such amount by an appropriate local tax authority; and
(bb) shall submit to the Secretary a report containing the amount certified
under item (aa).
(c) Prior year data
(1) In general
Except as provided in subsections (b)(1)(D),
(b)(2), and paragraph (2), all calculations under
this section shall be based on data for each
local educational agency from not later than
the fiscal year preceding the fiscal year for
which the agency is making application for
payment.

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TITLE 20—EDUCATION

(2) Exception
Calculation of payments for a local educational agency shall be based on data from
the fiscal year for which the agency is making
an application for payment if such agency—
(A) is newly established by a State, for the
first year of operation of such agency only;
(B) was eligible to receive a payment
under this section for the previous fiscal
year and has had an overall increase in enrollment (as determined by the Secretary in
consultation with the Secretary of Defense,
the Secretary of the Interior, or the heads of
other Federal agencies)—
(i)(I) of not less than 10 percent of children described in—
(aa) subparagraph (A), (B), (C), or (D)
of subsection (a)(1); or
(bb) subparagraphs (F) and (G) of subsection (a)(1), but only to the extent that
such children are civilian dependents of
employees of the Department of Defense
or the Department of the Interior; or
(II) of not less than 100 of such children;
and
(ii) that is the direct result of closure or
realignment of military installations
under the base closure process or the relocation of members of the Armed Forces
and civilian employees of the Department
of Defense as part of the force structure
changes or movements of units or personnel between military installations or
because of actions initiated by the Secretary of the Interior or the head of another Federal agency; or
(C) was eligible to receive a payment under
this section for the previous fiscal year and
has had an increase in enrollment (as determined by the Secretary)—
(i) of not less than 10 percent of children
described in subsection (a)(1) or not less
than 100 of such children; and
(ii) that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1)
or (b)(2) for the previous fiscal year.
(d) Children with disabilities
(1) In general
From the amount appropriated under section 7714(c) of this title for a fiscal year, the
Secretary shall pay to each eligible local educational agency, on a pro rata basis, the
amounts determined by—
(A) multiplying the number of children described in subparagraphs (A)(ii), (B) and (C)
of subsection (a)(1) who are eligible to receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.) by a factor of 1.0; and
(B) multiplying the number of children described in subparagraph (D) of subsection
(a)(1) who are eligible to receive services
under such Act by a factor of 0.5.
(2) Use of funds
A local educational agency that receives
funds under paragraph (1) shall use such funds
to provide a free appropriate public education

§ 7703

to children described in paragraph (1) in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(e) Hold harmless
(1) In general
In the case of any local educational agency
eligible to receive a payment under subsection
(b) whose calculated payment amount for a
fiscal year is reduced by 20 percent, as compared to the amount received for the previous
fiscal year, the Secretary shall pay the local
educational agency, for the year of the reduction and the following 2 years, the amount determined under paragraph (2).
(2) Amount of reduction
Subject to paragraph (3), A local educational
agency described in paragraph (1) shall receive—
(A) for the first year for which the reduced
payment is determined, an amount that is
not less than 90 percent of the total amount
that the local educational agency received
under subsection (b) for the previous fiscal
year;
(B) for the second year following such reduction, an amount that is not less than 85
percent of the total amount that the local
educational agency received under subparagraph (A); and
(C) for the third year following such reduction, an amount that is not less than 80 percent of the total amount that the local educational agency received under subparagraph (B).
(3) Special rule
For any fiscal year for which a local educational agency would receive a payment
under subsection (b) in excess of the amount
determined under paragraph (2), the payment
received by the local educational agency for
such fiscal year shall be calculated under
paragraph (1) or (2) of subsection (b).
(4) Ratable reductions
(A) In general
If the sums made available under this subchapter for any fiscal year are insufficient
to pay the full amounts that all local educational agencies in all States are eligible to
receive under paragraph (1) for such year,
then the Secretary shall ratably reduce the
payments to all such agencies for such year.
(B) Additional funds
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.
(f) Other funds
Notwithstanding any other provision of law, a
local educational agency receiving funds under
this section may also receive funds under section 386 of the National Defense Authorization
Act for Fiscal Year 1993 or such section’s successor authority.
(Pub. L. 89–10, title VII, § 7003, formerly title
VIII, § 8003, as added Pub. L. 103–382, title I, § 101,

TITLE 20—EDUCATION

§ 7703

Oct. 20, 1994, 108 Stat. 3752; amended Pub. L.
104–106, div. A, title X, § 1074(f), (g), Feb. 10, 1996,
110 Stat. 448, 449; Pub. L. 104–195, §§ 3(a), 4(a),
5(a), (b), Sept. 16, 1996, 110 Stat. 2380–2382; Pub. L.
104–201, div. A, title III, § 376, Sept. 23, 1996, 110
Stat. 2503; Pub. L. 104–208, div. A, title I, § 101(e)
[title III, § 307(a)], Sept. 30, 1996, 110 Stat.
3009–233, 3009–262; Pub. L. 105–18, title VI,
§ 60005(a), June 12, 1997, 111 Stat. 214; Pub. L.
105–78, title III, Nov. 13, 1997, 111 Stat. 1497; Pub.
L. 106–398, § 1 [[div. A], title XVIII, §§ 1804(a),
(b)(1), (c), 1805–1808(b)(1)], Oct. 30, 2000, 114 Stat.
1654, 1654A–372, 1654A–374 to 1654A–382; Pub. L.
106–554, § 1(a)(1) [title III, § 323], Dec. 21, 2000, 114
Stat. 2763, 2763A–61; Pub. L. 107–20, title II,
§ 2703(a), July 24, 2001, 115 Stat. 182; Pub. L.
107–110, title VIII, § 802(a)(1), Jan. 8, 2002, 115
Stat. 1949; Pub. L. 107–206, title I, §§ 801, 802, Aug.
2, 2002, 116 Stat. 874; Pub. L. 107–279, title IV,
§ 406(a), Nov. 5, 2002, 116 Stat. 1986; Pub. L.
107–314, div. A, title III, § 344, Dec. 2, 2002, 116
Stat. 2515; Pub. L. 108–136, div. A, title V, § 537(a),
Nov. 24, 2003, 117 Stat. 1475; Pub. L. 111–84, div. A,
title V, § 536, Oct. 28, 2009, 123 Stat. 2293; Pub. L.
112–239, div. A, title V, § 563(b)(2), (c)(4), Jan. 2,
2013, 126 Stat. 1746, 1748; renumbered title VII,
§ 7003, and amended Pub. L. 114–95, title VII,
§§ 7001(a)(1), (c)(1), (d)(10), 7004, Dec. 10, 2015, 129
Stat. 2074, 2075, 2077; Pub. L. 114–328, div. A, title
V, § 579(b)(1), (d)(1), Dec. 23, 2016, 130 Stat. 2145,
2146; Pub. L. 115–141, div. H, title III, § 311(d),
Mar. 23, 2018, 132 Stat. 750.)
Editorial Notes
REFERENCES IN TEXT
Section 2828(g) of title 10 (commonly known as the
‘‘Build to Lease’’ program), as added by section 801 of
the Military Construction Authorization Act, 1984, referred to in subsec. (a)(5)(A), means the subsection (g)
added to section 2828 of Title 10, Armed Forces, by section 801 of Pub. L. 98–115, which was repealed by Pub.
L. 102–190, div. B, title XXVIII, § 2806(b), Dec. 5, 1991, 105
Stat. 1540.
Act of September 30, 1950, referred to in subsec.
(b)(1)(C)(iii), is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100,
as amended, which was classified generally to chapter
13 (§ 236 et seq.) of this title, prior to repeal by Pub. L.
103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965. For
complete classification of this Act to the Code, see Tables.
The Richard B. Russell National School Lunch Act,
referred to in subsec. (b)(2)(B)(i)(III)(bb)(BB), is act
June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under
section 1751 of Title 42 and Tables.
Section 7703(b)(2) of this title, as such section was in
effect on the day before December 10, 2015, referred to
in subsec. (b)(2)(B)(i)(III)(cc), was in the original ‘‘section 8003(b)(2), as such section was in effect on the day
before the date of enactment of the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802)’’, meaning
former section 8003(b)(2) of Pub. L. 89–10, as added Pub.
L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3752, as
such section was in effect prior to the date of enactment of Pub. L. 114–95, which was approved Dec. 10,
2015. Former section 8003 of Pub. L. 89–10 was renumbered section 7003 by Pub. L. 114–95, title VII,
§ 7001(c)(1), Dec. 10, 2015, 129 Stat. 2074, and is classified
to this section.
Section 7703(b)(2)(E) of this title (as such section was
in effect for such fiscal year), referred to in subsec.
(b)(2)(B)(i)(IV),
(D)(i)(II),
was
in
the
original

Page 1606

‘‘8003(b)(2)(E) (as such section was in effect for such fiscal year)’’, meaning former section 8003(b)(2)(E) of Pub.
L. 89–10, as added Pub. L. 103–382, title I, § 101, Oct. 20,
1994, 108 Stat. 3752, as such section was in effect for fiscal year 2015. Former section 8003 of Pub. L. 89–10 was
renumbered section 7003 by Pub. L. 114–95, title VII,
§ 7001(c)(1), Dec. 10, 2015, 129 Stat. 2074, and is classified
to this section.
The Individuals with Disabilities Education Act, referred to in subsec. (d), is title VI of Pub. L. 91–230, Apr.
13, 1970, 84 Stat. 175, as amended, which is classified
generally to chapter 33 (§ 1400 et seq.) of this title. For
complete classification of this Act to the Code, see section 1400 of this title and Tables.
Section 386 of the National Defense Authorization
Act for Fiscal Year 1993, referred to in subsec. (f), is
section 386 of Pub. L. 102–484, which is set out as a note
below.
PRIOR PROVISIONS
A prior section 7003 of Pub. L. 89–10 was classified to
section 3283 of this title prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
AMENDMENTS
2018—Subsec. (b)(2)(B)(i)(III)(bb)(BB). Pub. L. 115–141,
§ 311(d)(1)(B)(i), inserted ‘‘and received assistance for
fiscal year 2017 pursuant to subparagraph (G)’’ after
‘‘not less than 65 percent’’.
Subsec.
(b)(2)(B)(i)(III)(cc).
Pub.
L.
115–141,
§ 311(d)(1)(A), (B)(ii), (C), added item (cc).
Subsec. (b)(2)(B)(iii). Pub. L. 115–141, § 311(d)(2), added
cl. (iii) and struck out former cl. (iii) which read as follows: ‘‘In the case of a local educational agency providing a free public education to students enrolled in
kindergarten through grade 12, that enrolls students
described in subparagraphs (A), (B), and (D) of subsection (a)(1) only in grades 9 through 12, and that received a final payment for fiscal year 2009 calculated
under section 7703(b)(3) of this title (as such section was
in effect on the day before December 10, 2015) for students in grades 9 through 12, the Secretary shall, in calculating the agency’s payment, consider only that portion of such agency’s total enrollment of students in
grades 9 through 12 when calculating the percentage
under clause (i)(I) and only that portion of the total
current expenditures attributed to the operation of
grades 9 through 12 in such agency when calculating
the percentage under clause (i)(II).’’
2016—Subsec. (b)(2)(B)(i)(I). Pub. L. 114–328, § 579(b)(1),
amended subcl. (I) generally. Prior to amendment,
subcl. (I) read as follows: ‘‘is a local educational agency—
‘‘(aa) whose boundaries are the same as a Federal
military installation or an island property designated
by the Secretary of the Interior to be property that
is held in trust by the Federal Government; and
‘‘(bb) that has no taxing authority;’’.
Subsec.
(b)(2)(B)(i)(IV).
Pub.
L.
114–328,
§ 579(d)(1)(A)(i), inserted ‘‘received a payment for fiscal
year 2015 under section 7703(b)(2)(E) of this title (as
such section was in effect for such fiscal year) and’’ before ‘‘has’’ in introductory provisions.
Subsec.
(b)(2)(B)(i)(IV)(aa).
Pub.
L.
114–328,
§ 579(d)(1)(A)(ii), substituted ‘‘35’’ for ‘‘50’’.
Subsec.
(b)(2)(B)(i)(IV)(bb).
Pub.
L.
114–328,
§ 579(d)(1)(A)(iii), added item (bb) and struck out former
item (bb) which read as follows: ‘‘not less than 5,000 of
such children are children described in subparagraphs
(A) and (B) of subsection (a)(1); or’’.
Subsec.
(b)(2)(D)(i)(I).
Pub.
L.
114–328,
§ 579(d)(1)(B)(i)(I), substituted ‘‘clauses (ii), (iii), and
(iv)’’ for ‘‘clause (ii)’’.
Subsec.
(b)(2)(D)(i)(II).
Pub.
L.
114–328,
§ 579(d)(1)(B)(i)(II), inserted ‘‘received a payment for fiscal year 2015 under section 7703(b)(2)(E) of this title (as
such section was in effect for such fiscal year) and’’
after ‘‘agency that’’ and substituted ‘‘35 percent’’ for
‘‘50 percent’’, ‘‘subsection (a)(1) and—’’ and item (aa)

Page 1607

TITLE 20—EDUCATION

for ‘‘subsection (a)(1) and not less than 5,000’’, and ‘‘subsection (a)(1); or’’ and item (bb) for ‘‘subsection (a)(1).’’
Subsec. (b)(2)(D)(ii). Pub. L. 114–328, § 579(d)(1)(B)(ii),
substituted ‘‘shall be—’’ for ‘‘shall be 1.35.’’ and added
subcls. (I) to (V).
Subsec.
(b)(2)(D)(iii),
(iv).
Pub.
L.
114–328,
§ 579(d)(1)(B)(iii), added cls. (iii) and (iv).
2015—Pub. L. 114–95, § 7001(a)(1), repealed Pub. L.
112–239, § 563(c)(4). See 2013 Amendment notes below.
Subsec. (a)(5)(A). Pub. L. 114–95, § 7004(1), substituted
‘‘or under lease of off-base property under subchapter
IV of chapter 169 of title 10, to be children described
under paragraph (1)(B), if the property described is—’’
for ‘‘to be children described under paragraph (1)(B) if
the property described is within the fenced security perimeter of the military facility upon which such housing is situated.’’ and added cls. (i) and (ii).
Subsec. (b). Pub. L. 114–95, § 7001(d)(10), made technical amendment to references in original act which
appear in text as references to section 7714(b) of this
title in pars. (1)(A), (2)(A)(i), and (3)(A).
Subsec. (b)(1)(E) to (G). Pub. L. 114–95, § 7004(2)(A), redesignated subpars. (F) and (G) as (E) and (F), respectively, and struck out former subpar. (E) which provided special rule for determining comparable local
contribution rate.
Subsec. (b)(2)(B) to (H). Pub. L. 114–95, § 7004(2)(B),
added subpars. (B) to (G) and struck out former subpars. (B) to (H), which related to eligibility for receipt
of basic support payments by continuing and new heavily impacted local educational agencies, maximum
amouts for regular and large heavily impacted local
educational agencies, data to be used by the Secretary,
determination of average tax rates for general fund
purposes, and eligibility as affected by privatization of
military housing.
Subsec. (b)(3)(B)(iii). Pub. L. 114–95, § 7004(2)(C)(i),
added cl. (iii) and struck out former cl. (iii) which read
as follows: ‘‘For the purpose of determining the percentages described in subclauses (I) and (II) of clause (i)
that are applicable to the local educational agency providing free public education to students in grades 9
through 12 residing on Hanscom Air Force Base, Massachusetts, the Secretary shall consider only that portion
of such agency’s total enrollment of students in grades
9 through 12 when calculating the percentage under
such subclause (I) and only that portion of the total
current expenditures attributed to the operation of
grades 9 through 12 in such agency when calculating
the percentage under subclause (II).’’
Subsec. (b)(3)(C). Pub. L. 114–95, § 7004(2)(C)(ii), substituted ‘‘subparagraph (C) or (D) of paragraph (2), as
the case may be’’ for ‘‘subparagraph (D) or (E) of paragraph (2), as the case may be’’.
Subsec. (b)(3)(D) to (G). Pub. L. 114–95, § 7004(2)(C)(iii),
added subpars. (D) to (G) and struck out former subpar.
(D). Prior to amendment, text of subpar. (D) read as follows: ‘‘For fiscal years described in subparagraph (A),
the Secretary shall make payments as a ratable distribution based upon the computations made under
subparagraphs (B) and (C).’’
Subsec. (b)(4)(A). Pub. L. 114–95, § 7004(2)(D)(i), substituted ‘‘and (C) of paragraph (2)’’ for ‘‘through (D) of
paragraph (2)’’.
Subsec. (b)(4)(B). Pub. L. 114–95, § 7004(2)(D)(ii), substituted ‘‘subparagraph (C) or (D)’’ for ‘‘subparagraph
(D) or (E)’’ in introductory provisions.
Subsec. (c)(2). Pub. L. 114–95, § 7004(3), added par. (2)
and struck out former par. (2). Prior to amendment,
text read as follows: ‘‘Calculations for a local educational agency that is newly established by a State
shall, for the first year of operation of such agency, be
based on data from the fiscal year for which the agency
is making application for payment.’’
Subsec. (d)(1). Pub. L. 114–95, § 7004(4), made technical
amendment to reference in original act which appears
in introductory provisions as reference to section
7714(c) of this title.
Subsec. (e). Pub. L. 114–95, § 7004(5), added pars. (1) to
(3), redesignated former par. (3) as (4), and struck out

§ 7703

former pars. (1) and (2) which related to amounts payable to a local educational agency for fiscal years 2001
and 2002.
Subsec. (g). Pub. L. 114–95, § 7004(6), struck out subsec.
(g). Text read as follows: ‘‘A local educational agency
may receive funds under subsection (b) of this section
and section 7702 of this title for any fiscal year only if
the State educational agency finds that either the 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 that agency for
the preceding fiscal year was not less than 90 percent
of such combined fiscal effort or aggregate expenditures for the second preceding fiscal year.’’
2013—Pub. L. 112–239, § 563(c)(4), which directed repeal
of the amendment by Pub. L. 112–239, § 563(b)(2), on the
day after the 5-year period that began on Jan. 3, 2013,
was itself repealed by Pub. L. 114–95, § 7001(a)(1).
Subsec. (a)(4). Pub. L. 112–239, § 563(b)(2), added par. (4)
and struck out former par. (4) which related to military
installation and Indian housing undergoing renovation
or rebuilding.
2009—Subsec. (a)(2)(C)(i). Pub. L. 111–84 substituted
‘‘5,000’’ for ‘‘6,500’’.
2003—Subsec. (b)(2)(H)(i), (ii). Pub. L. 108–136 added
cls. (i) and (ii) and struck out former cls. (i) and (ii)
which read as follows:
‘‘(i) ELIGIBILITY.—For any fiscal year beginning with
fiscal year 2003, a heavily impacted local educational
agency that received a basic support payment under
subparagraph (A) for the prior fiscal year, but is ineligible for such payment for the current fiscal year under
subparagraph (B) or (C), as the case may be, by reason
of the conversion of military housing units to private
housing described in clause (iii), shall be deemed to
meet the eligibility requirements under subparagraph
(B) or (C), as the case may be, for the period during
which the housing units are undergoing such conversion.
‘‘(ii) AMOUNT OF PAYMENT.—The amount of a payment
to a heavily impacted local educational agency for a
fiscal year by reason of the application of clause (i),
and calculated in accordance with subparagraph (D) or
(E) (as the case may be), shall be based on the number
of children in average daily attendance in the schools
of such agency for the fiscal year.’’
2002—Subsec. (b)(1)(G). Pub. L. 107–206, § 802, added
subpar. (G).
Subsec. (b)(2)(C)(i). Pub. L. 107–110, § 802(a)(1)(A), inserted ‘‘(or if the agency is a qualified local educational
agency as described in clause (iv))’’ after ‘‘Federal military installation’’ in introductory provisions.
Subsec. (b)(2)(C)(i)(II)(bb). Pub. L. 107–279 amended
item (bb) generally. Prior to amendment, item (bb)
read as follows: ‘‘for a local educational agency that
has a total student enrollment of less than 350 students, has a per-pupil expenditure that is less than the
average per-pupil expenditure of a comparable local
educational agency in the State in which the agency is
located; and’’.
Subsec. (b)(2)(C)(ii). Pub. L. 107–110, § 802(a)(1)(A), inserted ‘‘(or if the agency is a qualified local educational
agency as described in clause (iv))’’ after ‘‘Federal military installation’’.
Subsec. (b)(2)(C)(iv). Pub. L. 107–110, § 802(a)(1)(B),
added cl. (iv).
Subsec. (b)(2)(D)(ii)(III). Pub. L. 107–206, § 801, amended subcl. (III) generally. Prior to amendment, subcl.
(III) read as follows: ‘‘For a local educational agency
that has an enrollment of more than 100 but not more
than 750 children described in subsection (a)(1) of this
section, the Secretary shall calculate the total number
of weighted student units for purposes of subsection
(a)(2) of this section by multiplying the number of such
children by a factor of 1.25.’’
Subsec. (b)(2)(H). Pub. L. 107–314 added subpar. (H).
Subsec. (b)(3)(B)(iv). Pub. L. 107–20 inserted ‘‘or less
than the average per-pupil expenditure of all the
States’’ after ‘‘of the State in which the agency is located’’.

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2000—Subsec. (a)(1). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1806(c)(1)], substituted ‘‘subsection (b) or (d)’’
for ‘‘subsection (b), (d), or (f)’’ in introductory provisions.
Subsec. (a)(2)(D). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1804(a)(1)(B)], substituted ‘‘subparagraph (D) of
paragraph (1) by a factor of .20’’ for ‘‘subparagraphs (D)
and (E) of paragraph (1) by a factor of .10’’.
Subsec. (a)(2)(E), (F). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1804(a)(1)(A), (C)], added subpar. (E) and redesignated former subpar. (E) as (F).
Subsec. (a)(4). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1804(b)(1)], inserted ‘‘and Indian’’ after ‘‘Military installation’’ and ‘‘or rebuilding’’ after ‘‘renovation’’ in
par. heading, designated existing provisions as subpar.
(A)(i), inserted subpar. (A) heading, inserted ‘‘or rebuilding’’ after ‘‘undergoing renovation’’, added cl. (ii)
to subpar. (A) and added subpar. (B).
Subsec. (a)(5). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1804(c)], added par. (5).
Subsec. (b)(1)(C). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1806(c)(2)(A)], substituted ‘‘this paragraph’’ for
‘‘this subsection’’ in introductory provisions.
Subsec. (b)(1)(D), (E). Pub. L. 106–398, § 1 [[div. A],
title XVIII, § 1804(a)(2)], added subpars. (D) and (E).
Subsec. (b)(1)(F). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1805], added subpar. (F).
Subsec. (b)(2). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1806(a)(2)], added par. (2). Former par. (2) redesignated
(3).
Subsec. (b)(2)(F). Pub. L. 106–554, § 1(a)(1) [title III,
§ 323(a)], substituted ‘‘the Secretary—’’ for ‘‘the Secretary’’, designated remaining provisions as cl. (i), and
added cl. (ii).
Subsec. (b)(2)(G). Pub. L. 106–554, § 1(a)(1) [title III,
§ 323(b)], added subpar. (G).
Subsec. (b)(3). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1806(a)(1)], redesignated par. (2) as (3). Former par. (3)
redesignated (4).
Subsec. (b)(3)(A). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1806(b)(1)], substituted ‘‘paragraphs (1) and (2)’’
for ‘‘paragraph (1)’’.
Subsec. (b)(3)(B). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1806(b)(2)(A)], inserted ‘‘in lieu of payments
under paragraph (1)’’ after ‘‘payments’’ in heading.
Subsec. (b)(3)(B)(i). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1806(b)(2)(B)], inserted ‘‘in lieu of basic support
payments under paragraph (1)’’ before ‘‘by multiplying’’ in introductory provisions and struck out
‘‘(not including amounts received under subsection (f)
of this section)’’ after ‘‘under this paragraph’’ in subcl.
(II).
Subsec. (b)(3)(B)(iv). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1806(b)(2)(C)], added cl. (iv).
Subsec. (b)(3)(C). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1806(b)(4)], added subpar. (C). Former subpar.
(C) redesignated (D).
Subsec. (b)(3)(D). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1806(b)(3), (5)], redesignated subpar. (C) as (D)
and substituted ‘‘computations made under subparagraphs (B) and (C)’’ for ‘‘computation made under subparagraph (B)’’.
Subsec. (b)(4). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1806(a)(1)], redesignated par. (3) as (4).
Subsec. (b)(4)(A). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1806(c)(2)(B)(i)], substituted ‘‘subparagraphs (B)
and (C) of paragraph (1) or subparagraphs (B) through
(D) of paragraph (2), as the case may be, paragraph (3)
of this subsection’’ for ‘‘paragraphs (1)(B), (1)(C), and (2)
of this subsection’’.
Subsec. (b)(4)(B). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1806(c)(2)(B)(ii)], in introductory provisions, inserted ‘‘or subparagraph (D) or (E) of paragraph (2), as
the case may be,’’ after ‘‘paragraph (1)(C)’’ and substituted ‘‘subparagraph (B) or (C) of paragraph (3), as
the case may be,’’ for ‘‘paragraph (2)(B)’’.
Subsec. (b)(5). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1807], added par. (5).
Subsec. (c)(1). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1806(c)(3)], substituted ‘‘subsections (b)(1)(D), (b)(2),

Page 1608

and paragraph (2)’’ for ‘‘paragraph (2) and subsection (f)
of this section’’.
Subsec. (e). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1804(a)(3)], amended heading and text of subsec. (e)
generally. Prior to amendment, subsec. (e) required the
Secretary to pay local education agencies under subsec.
(b) of this section certain minimum amounts for fiscal
years 1995 to 1999.
Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§§ 1806(c)(4), 1808(b)(1)], redesignated subsec. (h) as (f)
and struck out heading and text of former subsec. (f)
which required the Secretary to provide additional assistance to meet special circumstances relating to the
provision of education in local educational agencies eligible to receive assistance under this section.
Subsec. (g). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1808(a), (b)(1)], redesignated subsec. (i) as (g) and
struck out heading and text of former subsec. (g) which
related to additional payments for local educational
agencies with high concentrations of children with severe disabilities.
Subsec. (h). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1808(b)(1)], redesignated subsec. (h) as (f).
Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1806(c)(5)],
substituted ‘‘section 386 of the National Defense Authorization Act for Fiscal Year 1993’’ for ‘‘section 6 of
the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on the day preceding October 20, 1994)’’.
Subsec. (i). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1808(b)(1)], redesignated subsec. (i) as (g).
1997—Subsec. (f)(2)(A)(ii)(I). Pub. L. 105–78, which directed the amendment of section 8003(f)(2)(ii)(I) of the
Elementary and Secondary Education Act of 1965 by
substituting ‘‘25 percent of the total student enrollment of such agency. For purposes of this subclause, all
students described in subsection (a)(1) of this section
are used to determine eligibility, regardless of whether
or not a local educational agency receives funds for
these children from subsection (b) of this section;’’ for
‘‘35 percent’’ and all that follows through the semicolon, was executed by making the substitution for ‘‘35
percent of the total student enrollment of such agency;’’ in subsection (f)(2)(A)(ii)(I) of this section, to reflect the probable intent of Congress.
Subsec. (f)(4). Pub. L. 105–18 struck out hyphen after
‘‘Secretary’’ in introductory provisions, redesignated
subpar. (A) as entire par. (4), inserted ‘‘expenditure,’’
after ‘‘revenue,’’, substituted period for semicolon after
‘‘assistance under this subsection’’, and struck out subpar. (B) which read as follows: ‘‘shall derive the per
pupil expenditure amount for the fiscal year for which
the local educational agency is applying for assistance
under this subsection for the local educational agency’s
comparable school districts by increasing or decreasing
the per pupil expenditure data for the second fiscal
year preceding the fiscal year for which the determination is made by the same percentage increase or decrease reflected between the per pupil expenditure data
for the fourth fiscal year preceding the fiscal year for
which the determination is made and the per pupil expenditure data for such second year.’’
1996—Subsec. (a)(3). Pub. L. 104–201 substituted ‘‘1,000
or such number equals or exceeds 10 percent’’ for ‘‘2,000
and such number equals or exceeds 15 percent’’.
Subsec. (a)(4). Pub. L. 104–195, § 3(a), added par. (4).
Subsec. (b)(3). Pub. L. 104–195, § 4(a), added par. (3).
Subsec. (f)(2)(A). Pub. L. 104–106, § 1074(f)(1)(A), substituted ‘‘if such agency is eligible for a supplementary
payment in accordance with subparagraph (B) or such
agency’’ for ‘‘only if such agency’’ in introductory provisions.
Subsec. (f)(2)(D). Pub. L. 104–106, § 1074(f)(1)(B), added
subpar. (D).
Subsec. (f)(3)(A). Pub. L. 104–106, § 1074(f)(2)(A)(i), inserted ‘‘(other than any amount received under paragraph (2)(B))’’ after ‘‘subsection’’ in introductory provisions.
Subsec. (f)(3)(A)(i). Pub. L. 104–208, § 101(e) [title III,
§ 307(a)(1), (5)], substituted in introductory provisions,

Page 1609

TITLE 20—EDUCATION

‘‘The Secretary, in conjunction with the local educational agency, shall first determine each of the following:’’ for ‘‘The Secretary shall first determine the
greater of—’’ and inserted concluding provisions.
Subsec. (f)(3)(A)(i)(I). Pub. L. 104–208, § 101(e) [title III,
§ 307(a)(2), (3)], substituted ‘‘The average’’ for ‘‘the average’’ before ‘‘of the State’’ and substituted period for
semicolon at end.
Pub. L. 104–106, § 1074(f)(2)(A)(ii), struck out ‘‘or the
average per-pupil expenditure of all the States’’ after
‘‘is located’’.
Subsec. (f)(3)(A)(i)(II). Pub. L. 104–208, § 101(e) [title
III, § 307(a)(2)], substituted ‘‘The average’’ for ‘‘the average’’.
Pub. L. 104–208, § 101(e) [title III, § 307(a)(4)], which directed substitution of period for ‘‘: or’’, was executed
by making substitution for ‘‘; or’’ to reflect the probable intent of Congress.
Subsec. (f)(3)(A)(i)(III). Pub. L. 104–208, § 101(e) [title
III, § 307(a)(2)], substituted ‘‘The average’’ for ‘‘the average’’.
Subsec. (f)(3)(A)(ii). Pub. L. 104–106, § 1074(f)(2)(A)(iii),
amended cl. (ii) generally. Prior to amendment, cl. (ii)
read as follows: ‘‘The Secretary shall next subtract
from the amount determined under clause (i) the average amount of State aid per pupil received by the local
educational agency.’’
Subsec. (f)(3)(A)(iii). Pub. L. 104–195, § 5(b)(1), inserted
‘‘, except as provided in subparagraph (C),’’ after ‘‘but’’
in introductory provisions.
Pub. L. 104–106, § 1074(f)(2)(A)(iv), amended cl. (iii)
generally. Prior to amendment, cl. (iii) read as follows:
‘‘The Secretary shall next multiply the amount determined under clause (ii) by the total number of students
in average daily attendance at the schools of the local
educational agency as determined by the Secretary
under subsection (a)(1) of this section.’’
Subsec. (f)(3)(B). Pub. L. 104–106, § 1074(f)(2)(B), amended heading and text of subpar. (B) generally. Prior to
amendment, text read as follows: ‘‘With respect to payments under this subsection for a local educational
agency described in clause (ii) or (iii) of paragraph
(2)(A), the maximum amount of such payments shall be
computed by taking the product of the average perpupil expenditure in all States multiplied by 0.7, except
that such amount may not exceed 125 percent of the average per-pupil expenditure in all local educational
agencies in the State.’’
Subsec. (f)(3)(C). Pub. L. 104–195, § 5(b)(2), added subpar. (C).
Subsec. (f)(4). Pub. L. 104–195, § 5(a), substituted
‘‘Data’’ for ‘‘Current year data’’ in heading, amended
subpar. (A) generally, substituting present provisions
for provisions which read ‘‘shall use student and revenue data from the fiscal year for which the local educational agency is applying for assistance under this
subsection; and’’, and in subpar. (B) substituted ‘‘the
fiscal year for which the local educational agency is applying for assistance under this subsection’’ for ‘‘such
year’’.
Pub. L. 104–106, § 1074(g), amended heading and text of
par. (4) generally. Prior to amendment, text read as follows: ‘‘The Secretary shall, for purposes of providing
assistance under this subsection, use—
‘‘(A) student and revenue data from the fiscal year
for which the local educational agency is applying for
assistance under this subsection; and
‘‘(B) the most recent data available which is adjusted to such fiscal year.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2016 AMENDMENT
Pub. L. 114–328, div. A, title V, § 579(b)(2), Dec. 23, 2016,
130 Stat. 2145, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall take effect
with respect to appropriations for use under title VII of
the Elementary and Secondary Education Act of 1965
[20 U.S.C. 7701 et seq.], as amended by the Every Stu-

§ 7703

dent Succeeds Act (Public Law 114–95; 129 Stat. 1802),
beginning with fiscal year 2017 and as if enacted as part
of title VII of the Every Student Succeeds Act [129
Stat. 2074].’’
Pub. L. 114–328, div. A, title V, § 579(d)(2), Dec. 23, 2016,
130 Stat. 2148, provided that: ‘‘The amendments made
by paragraph (1) [amending this section] shall take effect with respect to appropriations for use under title
VII of the Elementary and Secondary Education Act of
1965 [20 U.S.C. 7701 et seq.] beginning with fiscal year
2017 and as if enacted as part of title VII of the Every
Student Succeeds Act (Public Law 114–95; 129 Stat.
2074).’’
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–136, div. A, title V, § 537(b), Nov. 24, 2003,
117 Stat. 1475, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall take effect
beginning with basic support payments under section
8003(b)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(b)(2)) for fiscal year 2003.’’
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–279, title IV, § 406(b), Nov. 5, 2002, 116 Stat.
1987, provided that: ‘‘The amendment made by section
406(a) [amending this section] shall be effective on September 30, 2001, and shall apply with respect to fiscal
year 2001, and all subsequent fiscal years.’’
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
and effective with respect to appropriations for use
under this subchapter for fiscal year 2002, see section 5
of Pub. L. 107–110, set out as an Effective Date note
under section 6301 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1804(b)(2)],
Oct. 30, 2000, 114 Stat. 1654, 1654A–375, provided that:
‘‘The amendments made by paragraph (1) [amending
this section] shall apply with respect to payments to a
local educational agency for fiscal years beginning before, on, or after the date of the enactment of this Act
[Oct. 30, 2000].’’
EFFECTIVE DATE OF 1997 AMENDMENT
Title III of Pub. L. 105–78, Nov. 13, 1997, 111 Stat. 1497,
provided in part that: ‘‘The amendment made by this
proviso [amending this section] shall apply with respect to fiscal years beginning with fiscal year 1996’’.
Pub. L. 105–18, title VI, § 60005(b), June 12, 1997, 111
Stat.215, provided that: ‘‘The amendments made by
subsection (a) [amending this section] shall apply with
respect to fiscal years after fiscal year 1997.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–208, div. A, title I, § 101(e) [title III,
§ 307(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–262, provided that: ‘‘The amendments made by subsection (a)
[amending this section] shall apply with respect to fiscal years beginning with fiscal year 1995.’’
Pub. L. 104–195, § 3(b), Sept. 16, 1996, 110 Stat. 2381, provided that: ‘‘Paragraph (4) of section 8003(a) of the Elementary and Secondary Education Act of 1965 [20
U.S.C. 7703(a)(4)], as added by subsection (a), shall apply
with respect to fiscal years after fiscal year 1995.’’
Pub. L. 104–195, § 4(b), Sept. 16, 1996, 110 Stat. 2381, provided that: ‘‘Paragraph (3) of section 8003(b) of the Elementary and Secondary Education Act of 1965 [20
U.S.C. 7703(b)(3)], as added by subsection (a), shall apply
with respect to fiscal years after fiscal year 1994.’’
Pub. L. 104–195, § 5(c), Sept. 16, 1996, 110 Stat. 2382, provided that: ‘‘The amendments made by subsections (a)

TITLE 20—EDUCATION

§ 7703

and (b) [amending this section] shall apply with respect
to fiscal years after fiscal year 1996.’’
CALCULATION OF BASIC SUPPORT PAYMENTS
Pub. L. 115–245, div. B, title III, § 315, Sept. 28, 2018, 132
Stat. 3108, provided that:
‘‘(a) For any local educational agency that for fiscal
year 2018, had an enrollment of eligible Federally connected children that was at least 35 percent of the
agency’s total student enrollment and a per-pupil expenditure that was less than the average per-pupil expenditure of the State or of all the States, and was determined ineligible to receive a payment under section
7003(b)(2)(A) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7703(b)(2)(A)] for failing to
meet the average tax rate requirement for general fund
purposes in section 7003(b)(2)(B)(i)(V)(bb), and whose
calculated payment amount under section 7003(b) for
the three years following fiscal year 2019 is less than 80
percent of the amount received for fiscal year 2019, the
Secretary [of Education] shall pay the local educational agency for the following three years not less
than 90 percent of the total amount the local educational agency received under section 7003(b)(2) for fiscal year 2017 if such local educational agency—
‘‘(1) previously received a payment under section
7003(b)(2)(A) but did not receive a payment under section 7003(b)(2)(B)(ii) (or any predecessor of such provision) for each of fiscal years 2015 through 2017; and
‘‘(2) was considered a local educational agency described in section 7003(b)(2)(B)(i)(V) (or any predecessor of such provision) for each such fiscal year.
‘‘(b) For fiscal year 2020 and succeeding fiscal years,
if a local educational agency described in subsection (a)
is eligible to receive a basic support payment pursuant
to section 7003(b)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)), the payment
received by the local educational agency shall be calculated under section 7003(b)(2) of such Act and not
under subsection (a).’’
Pub. L. 115–141, div. H, title III, § 311(a)–(c), Mar. 23,
2018, 132 Stat. 750, provided that:
‘‘(a) Notwithstanding any other provision of law except as provided under subsection (c), with respect to a
local educational agency that was notified by the Secretary [of Education] in fiscal year 2017 of the agency’s
eligibility to receive a basic support payment pursuant
to section 7003(b)(2)(B)(i)(III) of the Elementary and
Secondary
Education
Act
of
1965
(20
U.S.C.
7703(b)(2)(B)(i)(III)) for fiscal year 2017 but did not receive a payment under section 7003(b)(2) of such Act [20
U.S.C. 7703(b)(2)] for fiscal year 2017, in addition to payments received by the local educational agency under
section 7003(b)(1) of such Act [20 U.S.C. 7703(b)(1)], the
Secretary shall reserve from funds appropriated to
carry out section 7003(b) [20 U.S.C. 7703(b)] of such Act
and make payments from such funds to such local educational agency for fiscal years 2017, 2018, 2019, and 2020
in the following amounts:
‘‘(1) $3,000,000 for fiscal year 2017.
‘‘(2) $5,000,000 for fiscal year 2018.
‘‘(3) $4,000,000 for fiscal year 2019.
‘‘(4) $4,000,000 for fiscal year 2020.
‘‘(b) For fiscal year 2017, a local educational agency
described in subsection (a) shall not be eligible for a
basic support payment pursuant to section 7003(b)(2) of
the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(b)(2)).
‘‘(c) For fiscal year 2018 and succeeding fiscal years,
if a local educational agency described in subsection (a)
is eligible to receive a basic support payment pursuant
to section 7003(b)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)), the payment
received by the local educational agency shall be calculated under section 7003(b)(2) of such Act and not
under subsection (a).’’
IMPACT AID AMENDMENTS
Pub. L. 114–328, div. A, title V, § 579(a), Dec. 23, 2016,
130 Stat. 2145, provided that:

Page 1610

‘‘(a) MILITARY ‘BUILD TO LEASE’ PROGRAM HOUSING.—
Notwithstanding section 5(d) of the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1806), the amendment made by section 7004(1) of such Act (Public Law
114–95; 129 Stat. 2077) [amending this section]—
‘‘(1) for fiscal year 2016—
‘‘(A) shall be applied as if amending section
8003(a)(5)(A) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7703(a)(5)(A)], as in effect on the day before the date of enactment of the
Every Student Succeeds Act (Public Law 114–95; 129
Stat. 1802) [Dec. 10, 2015]; and
‘‘(B) shall be applicable with respect to appropriations for use under title VIII of the Elementary and
Secondary Education Act of 1965 (Public Law 114–95;
129 Stat. 1802) [20 U.S.C. 7801 et seq.]; and
‘‘(2) for fiscal year 2017 and each succeeding fiscal
year, shall be in effect with respect to appropriations
for use under title VII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.],
as amended by the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802).’’
SPECIAL RULE REGARDING THE PER-PUPIL
EXPENDITURE REQUIREMENT
Pub. L. 114–328, div. A, title V, § 579(c), Dec. 23, 2016,
130 Stat. 2145, as amended by Pub. L. 115–141, div. H,
title III, § 311(e), Mar. 23, 2018, 132 Stat. 751, provided
that:
‘‘(1) REFERENCES.—Except as otherwise expressly provided, any reference in this subsection to a section or
other provision of title VII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.]
shall be considered to be a reference to the section or
other provision of such title VII as amended by the
Every Student Succeeds Act (Public Law 114–95; 129
Stat. 1802).
‘‘(2) IN GENERAL.—Notwithstanding section 5(d) of the
Every Student Succeeds Act (Public Law 114–95; 129
Stat. 1806) or section 7003(b)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)),
with respect to any application submitted under section 7005 of such Act (20 U.S.C. 7705) for eligibility consideration under subclause (II) or (V) of section
7003(b)(2)(B)(i) of such Act [20 U.S.C. 7703(b)(2)(B)(i)] for
fiscal year 2017 and any succeeding fiscal year, the Secretary of Education shall determine that a local educational agency meets the per-pupil expenditure requirement for purposes of such subclause (II) or (V), as
applicable, only if—
‘‘(A) in the case of a local educational agency that
received a basic support payment for fiscal year 2001
under section 8003(b)(2)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B))
(as such section was in effect for such fiscal year), the
agency, for the year for which the application is submitted, has a per-pupil expenditure that is less than
the average per-pupil expenditure of the State in
which the agency is located or the average per-pupil
expenditure of all States (whichever average perpupil expenditure is greater), except that a local educational agency with a total student enrollment of
less than 350 students shall be deemed to have satisfied such per-pupil expenditure requirement; or
‘‘(B) in the case of a local educational agency that
did not receive a basic support payment for fiscal
year 2015 under such section 8003(b)(2)(B), as so in effect, the agency, for the year for which the application is submitted—
‘‘(i) has a total student enrollment of 350 or more
students and a per-pupil expenditure that is less
than the average per-pupil expenditure of the State
in which the agency is located; or
‘‘(ii) has a total student enrollment of less than
350 students and a per-pupil expenditure that is less
than the average per-pupil expenditure of a comparable local educational agency or 3 comparable
local educational agencies (whichever average perpupil expenditure is greater), in the State in which
the agency is located.’’

Page 1611

TITLE 20—EDUCATION
SPECIAL RULES

Pub. L. 114–328, div. A, title V, § 579(d)(3), Dec. 23, 2016,
130 Stat. 2148, provided that:
‘‘(A) APPLICABILITY FOR FISCAL YEAR 2016.—Notwithstanding any other provision of law, in making basic
support payments under section 8003(b)(2) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(b)(2)) for fiscal year 2016, the Secretary of
Education shall carry out subparagraphs (B)(i) and (E)
of such section as if the amendments made to subparagraphs (B)(i)(IV) and (D) of section 7003(b)(2) of such
Act [20 U.S.C. 7703(b)(2)] (as amended and redesignated
by this subsection and the Every Student Succeeds Act
(Public Law 114–95; 129 Stat. 1802)) had also been made
to the corresponding provisions of section 8003(b)(2) of
the Elementary and Secondary Education Act of 1965,
as in effect on the day before the date of enactment of
the Every Student Succeeds Act [Dec. 10, 2015].
‘‘(B) LOSS OF ELIGIBILITY.—For fiscal year 2016 or any
succeeding fiscal year, if a local educational agency is
eligible for a basic support payment under subclause
(IV) of section 7003(b)(2)(B)(i) of the Elementary and
Secondary
Education
Act
of
1965
[20
U.S.C.
7703(b)(2)(B)(i)] (as amended by this section and the
Every Student Succeeds Act (Public Law 114–95; 129
Stat. 1802)) or through a corresponding provision under
subparagraph (A), such local educational agency shall
be ineligible to apply for a payment for such fiscal year
under any other subclause of such section (or, for fiscal
year 2016, any other item of section 8003(b)(2)(B)(i)(II) of
the Elementary and Secondary Education Act of 1965
[20 U.S.C. 7703(b)(2)(B)(i)(II)]).
‘‘(C) PAYMENT AMOUNTS.—If, before the date of enactment of this Act [Dec. 23, 2016], a local educational
agency receives 1 or more payments under section
8003(b)(2)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(E)) for fiscal year
2016, the sum of which is greater than the amount the
Secretary of Education determines the local educational agency is entitled to receive under such section in accordance with subparagraph (A)—
‘‘(i) the Secretary shall allow the local educational
agency to retain the larger amount; and
‘‘(ii) such local educational agency shall not be eligible to receive any additional payment under such
section for fiscal year 2016.’’
TRANSITION PROVISIONS
Pub. L. 107–110, title VIII, § 802(a)(2), Jan. 8, 2002, 115
Stat. 1949, provided that: ‘‘The Secretary shall consider
an application for a payment under section 8003(b)(2) [20
U.S.C. 7703(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 [Jan. 8,
2002].’’
ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES

Pub. L. 102–484, div. A, title III, § 386, Oct. 23, 1992, 106
Stat. 2394, as amended by Pub. L. 103–160, div. A, title
III, § 373(a), (b), Nov. 30, 1993, 107 Stat. 1635, 1636; Pub. L.
103–382, title III, § 391(d), Oct. 20, 1994, 108 Stat. 4022;
Pub. L. 104–106, div. A, title X, § 1074(c)–(e), (h), Feb. 10,
1996, 110 Stat. 448, 449; Pub. L. 105–85, div. A, title III,
§ 381(e), Nov. 18, 1997, 111 Stat. 1709; Pub. L. 106–65, div.
A, title III, § 351(e), Oct. 5, 1999, 113 Stat. 572, which required the Secretary of Defense, in consultation with
the Secretary of Education, to provide financial assistance to certain local educational agencies in States,
was repealed by Pub. L. 109–163, div. A, title V, § 572(g),

§ 7703a

Jan. 6, 2006, 119 Stat. 3273. See section 7703b of this
title.
NOTICE TO LOCAL AND STATE EDUCATIONAL AGENCIES
OF ENROLLMENT CHANGES DUE TO BASE CLOSURES
AND REALIGNMENTS
For provisions requiring Secretary of Defense to identify local educational agencies that will experience at
least a 5-percent increase or 10-percent reduction in enrollment in number of dependent children of members
of Armed Forces and of civilian employees of Department of Defense enrolled in schools under jurisdiction
of such agencies during next academic year as a result
of closure or realignment of a military installation,
and to transmit notice of schedule of such closure or
realignment to affected local and State educational
agencies, see section 2833 of Pub. L. 101–189, set out as
a note under section 2687 of Title 10, Armed Forces.

§ 7703a. Impact aid for children with severe disabilities
(a) Payments
Subject to subsection (f), the Secretary of Defense shall make a payment for fiscal years after
fiscal year 2001, to each local educational agency
eligible to receive a payment for a child described in subparagraph (A)(ii) or (B), or clause
(i) or (ii) of subparagraph (D), of section
7703(a)(1) 1 of this title that serves two or more
such children with severe disabilities, for costs
incurred in providing a free appropriate public
education to each such child.
(b) Payment amount
The amount of the payment under subsection
(a) to a local educational agency for a fiscal
year for each child referred to in such subsection with a severe disability shall be—
(1) the payment made on behalf of the child
with a severe disability that is in excess of the
average per pupil expenditure in the State in
which the local educational agency is located;
less
(2) the sum of the funds received by the local
educational agency—
(A) from the State in which the child resides to defray the educational and related
services for such child;
(B) under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) to defray the educational and related services for
such child; and
(C) from any other source to defray the
costs of providing educational and related
services to the child which are received due
to the presence of a severe disabling condition of such child.
(c) Exclusions
No payment shall be made under subsection
(a) on behalf of a child with a severe disability
whose individual cost of educational and related
services does not exceed—
(1) five times the national or State average
per pupil expenditure (whichever is lower), for
a child who is provided educational and related services under a program that is located
outside the boundaries of the school district of
the local educational agency that pays for the
free appropriate public education of the student; or
1 See

References in Text note below.

TITLE 20—EDUCATION

§ 7703b

(2) three times the State average per pupil
expenditure, for a child who is provided educational and related services under a program
offered by the local educational agency, or
within the boundaries of the school district
served by the local educational agency.
(d) Ratable reduction
If the amount available for a fiscal year for
payments under subsection (a) is insufficient to
pay the full amount all local educational agencies are eligible to receive under such subsection, the Secretary of Defense shall ratably
reduce the amounts of the payments made under
such subsection to all local educational agencies
by an equal percentage.
(e) Report
Each local educational agency desiring a payment under subsection (a) shall report to the
Secretary of Defense—
(1) the number of severely disabled children
for which a payment may be made under this
section; and
(2) a breakdown of the average cost, by
placement (inside or outside the boundaries of
the school district of the local educational
agency), of providing education and related
services to such children.
(f) Payments subject to appropriation
Payments shall be made for any period in a
fiscal year under this section only to the extent
that funds are appropriated specifically for making such payments for that fiscal year.
(g) Local educational agency defined
In this section, the term ‘‘local educational
agency’’ has the meaning given that term in section 7713 of this title.
(Pub. L. 106–398, § 1 [[div. A], title III, § 363], Oct.
30, 2000, 114 Stat. 1654, 1654A–77; Pub. L. 114–95,
title IX, § 9215(kk), Dec. 10, 2015, 129 Stat. 2175.)
Editorial Notes
REFERENCES IN TEXT
Section 7703(a)(1) of this title, referred to in subsec.
(a), was in the original ‘‘section 7003(a)(1)’’ and was
translated as meaning section 7003(a)(1) of the Elementary and Secondary Education Act of 1965, which is
classified to section 7703(a)(1) of this title, to reflect
the probable intent of Congress.
The Individuals with Disabilities Education Act, referred to in subsec. (b)(2)(B), is title VI of Pub. L.
91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is
classified generally to chapter 33 (§ 1400 et seq.) of this
title. For complete classification of this Act to the
Code, see section 1400 of this title and Tables.
CODIFICATION
Section was enacted as part of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year
2001, and not as part of the Elementary and Secondary
Education Act of 1965 which comprises this chapter.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 9215(kk)(1), substituted ‘‘subparagraph (A)(ii) or (B), or clause (i) or (ii)
of subparagraph (D), of section 7703(a)(1) of this title’’
for ‘‘subparagraph (A)(ii), (B), (D)(i) or (D)(ii) of section
7703(a)(1) of this title’’.
Subsec. (g). Pub. L. 114–95, § 9215(kk)(2), substituted
‘‘section 7713 of this title.’’ for ‘‘section 7713(9) of this
title.’’

Page 1612

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7703b. Assistance to local educational agencies
that benefit dependents of members of the
Armed Forces and Department of Defense civilian employees
(a) Assistance to schools with significant numbers of military dependent students
(1) Assistance authorized
The Secretary of Defense shall provide financial assistance to an eligible local educational agency described in paragraph (2) if,
without such assistance, the local educational
agency will be unable (as determined by the
Secretary of Defense in consultation with the
Secretary of Education) to provide the students in the schools of the local educational
agency with a level of education that is equivalent to the minimum level of education available in the schools of the other local educational agencies in the same State.
(2) Eligible local educational agencies
A local educational agency is eligible for assistance under this subsection for a fiscal year
if at least 20 percent (as rounded to the nearest whole percent) of the students in average
daily attendance in the schools of the local
educational agency during the preceding
school year were military dependent students
counted under section 7703(a)(1) of this title.
(b) Assistance to schools with enrollment
changes due to base closures, force structure
changes, or force relocations
(1) Assistance authorized
To assist communities in making adjustments resulting from changes in the size or location of the Armed Forces, the Secretary of
Defense shall provide financial assistance to
an eligible local educational agency described
in paragraph (2) if, during the period between
the end of the school year preceding the fiscal
year for which the assistance is authorized and
the beginning of the school year immediately
preceding that school year, the local educational agency had (as determined by the
Secretary of Defense in consultation with the
Secretary of Education) an overall increase or
reduction of—
(A) not less than five percent in the average daily attendance of military dependent
students in the schools of the local educational agency; or
(B) not less than 250 military dependent
students in average daily attendance in the
schools of the local educational agency.
(2) Eligible local educational agencies
A local educational agency is eligible for assistance under this subsection for a fiscal year
if—
(A) the local educational agency is eligible
for assistance under subsection (a) for the

Page 1613

TITLE 20—EDUCATION

same fiscal year, or would have been eligible
for such assistance if not for the reduction
in military dependent students in schools of
the local educational agency; and
(B) the overall increase or reduction in
military dependent students in schools of
the local educational agency is the result of
one or more of the following:
(i) The global rebasing plan of the Department of Defense.
(ii) The official creation or activation of
one or more new military units.
(iii) The realignment of forces as a result
of the base closure process.
(iv) A change in the number of housing
units on a military installation.
(3) Calculation of amount of assistance
(A) Pro rata distribution
The amount of the assistance provided
under this subsection to a local educational
agency that is eligible for such assistance
for a fiscal year shall be equal to the product
obtained by multiplying—
(i) the per-student rate determined under
subparagraph (B) for that fiscal year; by
(ii) the net of the overall increases and
reductions in the number of military dependent students in schools of the local
educational agency, as determined under
paragraph (1).
(B) Per-student rate
For purposes of subparagraph (A)(i), the
per-student rate for a fiscal year shall be
equal to the dollar amount obtained by dividing—
(i) the total amount of funds made available for that fiscal year to provide assistance under this subsection; by
(ii) the sum of the overall increases and
reductions in the number of military dependent students in schools of all eligible
local educational agencies for that fiscal
year under this subsection.
(C) Maximum amount of assistance
A local educational agency may not receive more than $1,000,000 in assistance
under this subsection for any fiscal year.
(4) Duration
Assistance may not be provided under this
subsection after September 30, 2014.
(c) Notification
Not later than June 30, 2006, and June 30 of
each fiscal year thereafter for which funds are
made available to carry out this section, the
Secretary of Defense shall notify each local educational agency that is eligible for assistance
under this section for that fiscal year of—
(1) the eligibility of the local educational
agency for the assistance, including whether
the agency is eligible for assistance under either subsection (a) or (b) or both subsections;
and
(2) the amount of the assistance for which
the local educational agency is eligible.
(d) Disbursement of funds
The Secretary of Defense shall disburse assistance made available under this section for a fis-

§ 7703b

cal year not later than 30 days after the date on
which notification to the eligible local educational agencies is provided pursuant to subsection (c) for that fiscal year.
(e) Definitions
In this section:
(1) The term ‘‘base closure process’’ means
the 2005 base closure and realignment process
authorized by Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note) or any
base closure and realignment process conducted after January 6, 2006, under section 2687
of title 10 or any other similar law enacted
after January 6, 2006.
(2) The term ‘‘local educational agency’’ has
the meaning given that term in section 7713(9)
of this title.
(3) The term ‘‘military dependent students’’
refers to—
(A) elementary and secondary school students who are dependents of members of the
Armed Forces; and
(B) elementary and secondary school students who are dependents of civilian employees of the Department of Defense.
(4) The term ‘‘State’’ means each of the 50
States and the District of Columbia.
(Pub. L. 109–163, div. A, title V, § 572, Jan. 6, 2006,
119 Stat. 3271; Pub. L. 111–84, div. A, title V, § 533,
Oct. 28, 2009, 123 Stat. 2292; Pub. L. 112–239, div.
A, title V, § 561(b)(1), (c), Jan. 2, 2013, 126 Stat.
1743, 1744; Pub. L. 114–95, title IX, § 9215(ccc), Dec.
10, 2015, 129 Stat. 2185.)
Editorial Notes
REFERENCES IN TEXT
The Defense Base Closure and Realignment Act of
1990, referred to in subsec. (e)(1), is part A of title XXIX
of div. B of Pub. L. 101–510, Nov. 5, 1990, 104 Stat. 1808,
as amended, which is set out as a note under section
2687 of Title 10, Armed Forces. For complete classification of this Act to the Code, see Tables.
CODIFICATION
Section is comprised of section 572 of Pub. L. 109–163.
Subsec. (g) of section 572 of Pub. L. 109–163 repealed section 386 of Pub. L. 102–484, formerly set out as a note
under section 7703 of this title.
Section was enacted as part of the National Defense
Authorization Act for Fiscal Year 2006, and not as part
of the Elementary and Secondary Education Act of 1965
which comprises this chapter.
AMENDMENTS
2015—Subsec. (a)(2). Pub. L. 114–95, § 9215(ccc)(1), made
technical amendment to reference in original act which
appears in text as reference to section 7703(a)(1) of this
title.
Subsec. (e)(2). Pub. L. 114–95, § 9215(ccc)(2), made technical amendment to reference in original act which appears in text as reference to section 7713(9) of this title.
2013—Subsec. (b)(4). Pub. L. 112–239, § 561(b)(1), substituted ‘‘September 30, 2014’’ for ‘‘September 30, 2012’’.
Subsecs. (e), (f). Pub. L. 112–239, § 561(c), redesignated
subsec. (f) as (e) and struck out former subsec. (e)
which read as follows: ‘‘Of the amount authorized to be
appropriated pursuant to section 301(5) for operation
and maintenance for Defense-wide activities—
‘‘(1) $30,000,000 shall be available only for the purpose of providing assistance to local educational
agencies under subsection (a) of this section; and

TITLE 20—EDUCATION

§ 7703c

‘‘(2) $10,000,000 shall be available only for the purpose of providing assistance to local educational
agencies under subsection (b) of this section.’’
2009—Subsec. (b)(4). Pub. L. 111–84 substituted ‘‘September 30, 2012’’ for ‘‘September 30, 2010’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
PLAN AND AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES EXPERIENCING GROWTH IN ENROLLMENT
DUE TO FORCE STRUCTURE CHANGES, RELOCATION OF
MILITARY UNITS, OR BASE CLOSURES AND REALIGNMENTS

Pub. L. 114–328, div. A, title V, § 572(b), Dec. 23, 2016,
130 Stat. 2141, as amended by Pub. L. 115–91, div. A, title
V, § 552(b), Dec. 12, 2017, 131 Stat. 1401, formerly set out
as a note under this section, was transferred and is set
out as a note under section 7703c of this title.
Pub. L. 109–364, div. A, title V, § 574, Oct. 17, 2006, 120
Stat. 2226, as amended by Pub. L. 110–181, div. A, title
V, § 573, Jan. 28, 2008, 122 Stat. 120; Pub. L. 110–417, [div.
A], title V, § 553, Oct. 14, 2008, 122 Stat. 4469; Pub. L.
112–81, div. A, title V, § 573, Dec. 31, 2011, 125 Stat. 1427;
Pub. L. 114–92, div. A, title X, § 1072(h), Nov. 25, 2015, 129
Stat. 995; Pub. L. 114–328, div. A, title V, § 572(a), Dec.
23, 2016, 130 Stat. 2141; Pub. L. 115–91, div. A, title V,
§ 552(a), Dec. 12, 2017, 131 Stat. 1401, formerly set out as
a note under this section, was transferred to section
7703c of this title.

§ 7703c. Plan and authority to assist local educational agencies experiencing growth in enrollment due to force structure changes, relocation of military units, or base closures and
realignments
(a) Plan required
Not later than January 1, 2007, the Secretary
of Defense shall submit to the congressional defense committees a report setting forth a plan
to provide assistance to local educational agencies that experience growth in the enrollment of
military dependent students as a result of any of
the following events:
(1) Force structure changes.
(2) The relocation of a military unit.
(3) The closure or realignment of military
installations pursuant to defense base closure
and realignment under the base closure laws.
(b) Elements
The report required by subsection (a), and
each updated report required by subsection (c),1
shall include the following:
(1) An identification, current as of the date
of the report, of the total number of military
dependent students who are anticipated to be
arriving at or departing from military installations as a result of any event described in
subsection (a), including—
(A) an identification of the military installations affected by such arrivals and departures;
(B) an estimate of the number of such students arriving at or departing from each
such installation; and
1 See

References in Text note below.

Page 1614

(C) the anticipated schedule of such arrivals and departures.
(2) Such recommendations as the Office of
Economic Adjustment of the Department of
Defense considers appropriate for means of assisting affected local educational agencies in
accommodating increases in enrollment of
military dependent students as a result of any
such event.
(3) A plan for outreach to be conducted to affected local educational agencies, commanders
of military installations, and members of the
Armed Forces and civilian personnel of the
Department of Defense regarding information
on the assistance to be provided under the
plan under subsection (a).
(c) Transition of military dependents among
local educational agencies
(1) The Secretary of Defense shall work collaboratively with the Secretary of Education
in any efforts to ease the transitions of military dependent students from Department of
Defense dependent schools to other schools
and among schools of local educational agencies.
(2) The Secretary of Defense may use funds
of the Department of Defense Education Activity for the following purposes:
(A) To share expertise and experience of
the Activity with local educational agencies
as military dependent students make the
transitions described in paragraph (1), including transitions resulting from the closure or realignment of military installations
under a base closure law, global rebasing,
and force restructuring.
(B) To provide grant assistance programs
for local educational agencies with military
dependent students undergoing the transitions described in paragraph (1), including
programs on the following:
(i) Access to virtual and distance learning capabilities and related applications.
(ii) Training for teachers.
(iii) Academic strategies to increase academic achievement.
(iv) Curriculum development.
(v) Support for practices that minimize
the impact of transition and deployment.
(vi) Other appropriate services to improve the academic achievement of such
students.
(d) Definitions
In this section:
(1) The term ‘‘base closure law’’ has the
meaning given that term in section 101 of title
10.
(2) The term ‘‘local educational agency’’ has
the meaning given that term in section 7713(9)
of this title.
(3) The term ‘‘military dependent students’’
refers to—
(A) elementary and secondary school students who are dependents of members of the
Armed Forces;
(B) elementary and secondary school students who are dependents of civilian employees of the Department of Defense; and
(C) elementary and secondary school students who are dependents of personnel who

Page 1615

TITLE 20—EDUCATION

are not members of the Armed Forces or civilian employees of the Department of Defense but who are employed on Federal property.
(Pub. L. 109–364, div. A, title V, § 574, Oct. 17,
2006, 120 Stat. 2226, as amended by Pub. L.
110–181, div. A, title V, § 573, Jan. 28, 2008, 122
Stat. 120; Pub. L. 110–417, [div. A], title V, § 553,
Oct. 14, 2008, 122 Stat. 4469; Pub. L. 112–81, div. A,
title V, § 573, Dec. 31, 2011, 125 Stat. 1427; Pub. L.
114–92, div. A, title X, § 1072(h), Nov. 25, 2015, 129
Stat. 995; Pub. L. 114–328, div. A, title V, § 572(a),
Dec. 23, 2016, 130 Stat. 2141; Pub. L. 115–91, div. A,
title V, § 552(a), Dec. 12, 2017, 131 Stat. 1401.)
Editorial Notes
REFERENCES IN TEXT
Subsection (c), referred to in subsec. (b), was repealed, and former subsec. (d) was redesignated (c), by
Pub. L. 114–92, div. A, title X, § 1072(h), Nov. 25, 2015, 129
Stat. 995.
Section 7713 of this title, referred to in subsec. (d)(2),
was in the original a reference to section 8013 of Pub.
L. 89–10, which was renumbered section 7013 of that Act
by Pub. L. 114–95, title VII, § 7001(c)(2), Dec. 10, 2015, 129
Stat. 2074.
CODIFICATION
Section was formerly set out as a note under section
7703b of this title.
Section was enacted as part of the John Warner National Defense Authorization Act for Fiscal Year 2007,
and not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter.
AMENDMENTS
2017—Subsec. (c)(3). Pub. L. 115–91, § 552(a), struck out
par. (3) which read as follows: ‘‘The authority provided
by this subsection expires September 30, 2017.’’
2016—Subsec. (c)(3). Pub. L. 114–328 substituted ‘‘September 30, 2017’’ for ‘‘September 30, 2016’’
2015—Subsecs. (c) to (e). Pub. L. 114–92 redesignated
subsecs. (d) and (e) as (c) and (d), respectively, and
struck out subsec. (c). Prior to amendment, text of subsec. (c) read as follows: ‘‘Not later than March 1, 2008,
and annually thereafter to coincide with the submission of the budget of the President for a fiscal year
under section 1105 of title 31, the Secretary of Defense
shall submit to the congressional defense committees
an update of the report required by subsection (a).’’
2011—Subsec. (d)(2)(B). Pub. L. 112–81, § 573(a), inserted
‘‘grant assistance’’ after ‘‘To provide’’, substituted ‘‘including programs on the following:’’ for ‘‘including—’’,
added cls. (i) to (vi), and struck out former cls. (i) and
(ii) which read as follows:
‘‘(i) distance learning programs; and
‘‘(ii) training programs to improve the ability of military dependent students who attend public schools in
the United States and their teachers to meet the educational needs of such students.’’.
Subsec. (d)(3). Pub. L. 112–81, § 573(b), substituted
‘‘September 30, 2016’’ for ‘‘September 30, 2013’’.
2008—Subsec. (d). Pub. L. 110–417 amended subsec. (d)
generally. Prior to amendment, text read as follows:
‘‘During the period beginning on October 17, 2006, and
ending on September 30, 2011, the Secretary of Defense
shall work collaboratively with the Secretary of Education in any efforts to ease the transition of military
dependent students from attendance in Department of
Defense dependent schools to attendance in schools of
local educational agencies. The Secretary of Defense
may use funds of the Department of Defense Education
Activity to share expertise and experience of the Activity with local educational agencies as military dependent students make such transition, including such a
transition resulting from the closure or realignment of

§ 7704

military installations under a base closure law, global
rebasing, and force restructuring.’’
Subsec. (e)(3)(C). Pub. L. 110–181 added subpar. (C).
Statutory Notes and Related Subsidiaries
INFORMATION TO BE INCLUDED WITH FUTURE REQUESTS
FOR EXTENSION
Pub. L. 114–328, div. A, title V, § 572(b), Dec. 23, 2016,
130 Stat. 2141, as amended by Pub. L. 115–91, div. A, title
V, § 552(b), Dec. 12, 2017, 131 Stat. 1401, provided that:
‘‘The budget justification materials that accompany
any budget of the President for a fiscal year after fiscal
year 2017 (as submitted to Congress pursuant to section
1105 of title 31, United States Code) shall include, with
respect to section 574(c) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public
Law 109–364; 20 U.S.C. 7703b note [now 20 U.S.C. 7703c]),
the following:
‘‘(1) A full accounting of the expenditure of funds
pursuant to such section 574(c) during the last fiscal
year ending before the date of the submittal of the
budget.
‘‘(2) An assessment of the impact of the expenditure
of such funds on the quality of opportunities for elementary and secondary education made available for
military dependent students.’’
‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED
For definition of ‘‘congressional defense committees’’, see section 3 of Pub. L. 109–364, listed in a table
under section 101 of Title 10, Armed Forces.

§ 7704. Policies and procedures relating to children residing on Indian lands
(a) In general
A local educational agency that claims children residing on Indian lands for the purpose of
receiving funds under section 7703 of this title
shall establish policies and procedures to ensure
that—
(1) such children participate in programs and
activities supported by such funds on an equal
basis with all other children;
(2) parents of such children and Indian tribes
are afforded an opportunity to present their
views on such programs and activities, including an opportunity to make recommendations
on the needs of those children and how the
local educational agency may help such children realize the benefits of such programs and
activities;
(3) parents and Indian tribes are consulted
and involved in planning and developing such
programs and activities;
(4) relevant applications, evaluations, and
program plans are disseminated to the parents
and Indian tribes; and
(5) parents and Indian tribes are afforded an
opportunity to present their views to such
agency regarding such agency’s general educational program.
(b) Records
A local educational agency that claims children residing on Indian lands for the purpose of
receiving funds under section 7703 of this title
shall maintain records demonstrating such
agency’s compliance with the requirements contained in subsection (a).
(c) Waiver
A local educational agency that claims children residing on Indian lands for the purpose of

§ 7704

TITLE 20—EDUCATION

receiving funds under section 7703 of this title
shall not be required to comply with the requirements of subsections (a) and (b) for any fiscal year with respect to any Indian tribe from
which such agency has received a written statement that the agency need not comply with
those subsections because the tribe is satisfied
with the provision of educational services by
such agency to such children.
(d) Technical assistance and enforcement
The Secretary shall—
(1) provide technical assistance to local educational agencies, parents, and Indian tribes
to enable such agencies, parents, and tribes to
carry out this section; and
(2) enforce this section through such actions,
which may include the withholding of funds,
as the Secretary determines to be appropriate,
after affording the affected local educational
agency, parents, and Indian tribe an opportunity to present their views.
(e) Complaints
(1) In general
(A) Any tribe, or its designee, which has students in attendance at a local educational
agency may, in its discretion and without regard to the requirements of any other provision of law, file a written complaint with the
Secretary regarding any action of a local educational agency taken pursuant to, or relevant
to, the requirements of this section.
(B) Within ten working days from receipt of
a complaint, the Secretary shall—
(i) designate a time and place for a hearing
into the matters relating to the complaint
at a location in close proximity to the local
educational agency involved, or if the Secretary determines there is good cause, at
some other location convenient to both the
tribe, or its designee, and the local educational agency;
(ii) designate a hearing examiner to conduct the hearing; and
(iii) notify the affected tribe or tribes and
the local educational agency involved of the
time, place, and nature of the hearing and
send copies of the complaint to the local
educational agency and the affected tribe or
tribes.
(2) Hearing
The hearing shall be held within 30 days of
the designation of a hearing examiner and
shall be open to the public. A record of the
proceedings shall be established and maintained.
(3) Evidence; recommendations; cost
The complaining tribe, or its designee, and
the local educational agency shall be entitled
to present evidence on matters relevant to the
complaint and to make recommendations concerning the appropriate remedial actions.
Each party to the hearing shall bear only its
own costs in the proceedings.
(4) Findings and recommendations
Within 30 days of the completion of the hearing, the hearing examiner shall, on the basis
of the record, make written findings of fact

Page 1616

and recommendations concerning appropriate
remedial action, if any, which should be
taken. The hearing examiner’s findings and
recommendations, along with the hearing
record, shall be forwarded to the Secretary.
(5) Written determination
Within 30 days of the Secretary’s receipt of
the findings, recommendations, and record,
the Secretary shall, on the basis of the record,
make a written determination of the appropriate remedial action, if any, to be taken by
the local educational agency, the schedule for
completion of the remedial action, and the
reasons for the Secretary’s decision.
(6) Copies provided
Upon completion of the Secretary’s final determination, the Secretary shall provide the
complaining tribe, or its designee, and the
local educational agency with copies of the
hearing record, the hearing examiner’s findings and recommendations, and the Secretary’s final determination. The final determination of the Secretary shall be subject to
judicial review.
(7) Consolidation
In all actions under this subsection, the Secretary shall have discretion to consolidate
complaints involving the same tribe or local
educational agency.
(8) Withholding
If the local educational agency rejects the
determination of the Secretary, or if the remedy required is not undertaken within the
time established and the Secretary determines
that an extension of the time established will
not effectively encourage the remedy required,
the Secretary shall withhold payment of all
moneys to which such local agency is eligible
under section 7703 of this title until such time
as the remedy required is undertaken, except
where the complaining tribe or its designee
formally requests that such funds be released
to the local educational agency, except that
the Secretary may not withhold such moneys
during the course of the school year if the Secretary determines that such withholding
would substantially disrupt the educational
programs of the local educational agency.
(9) Rejection of determination
If the local educational agency rejects the
determination of the Secretary and a tribe exercises the option under section 1101(d) of the
Education Amendments of 1978, to have education services provided either directly by the
Bureau of Indian Education or by contract
with the Bureau of Indian Education, any Indian students affiliated with that tribe who
wish to remain in attendance at the local educational agency against whom the complaint
which led to the tribal action under such subsection (d) was lodged may be counted with respect to that local educational agency for the
purpose of receiving funds under section 7703
of this title. In such event, funds under such
section shall not be withheld pursuant to paragraph (8) and no further complaints with respect to such students may be filed under
paragraph (1).

Page 1617

TITLE 20—EDUCATION

(f) Construction
This section is based upon the special relationship between the Indian nations and the United
States and nothing in this section shall be construed to relieve any State of any duty with respect to any citizens of that State.
(Pub. L. 89–10, title VII, § 7004, formerly title
VIII, § 8004, as added Pub. L. 103–382, title I, § 101,
Oct. 20, 1994, 108 Stat. 3759; renumbered title VII,
§ 7004, and amended Pub. L. 114–95, title VII,
§§ 7001(c)(1), (d)(2), 7005, Dec. 10, 2015, 129 Stat.
2074, 2086.)
Editorial Notes
REFERENCES IN TEXT
Section 1101(d) of the Education Amendments of 1978,
referred to in subsec. (e)(9), is section 1101(d) of Pub. L.
95–561, Nov. 1, 1978, 92 Stat. 2315, set out below.
AMENDMENTS
2015—Pub. L. 114–95, § 7001(d)(2), made technical
amendments to references in original act which appear
in text as references to section 7703 of this title.
Subsec. (e)(9). Pub. L. 114–95, § 7005, substituted ‘‘Indian Education’’ for ‘‘Indian Affairs’’ in two places.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.
CONTRACT AUTHORITY OF INDIAN TRIBES IF REMEDIAL
ACTION IS NOT TAKEN; ELECTION TO HAVE SERVICES
PROVIDED BY BUREAU SCHOOLS; SPECIAL REGULATIONS

Pub. L. 95–561, title XI, § 1101(d), Nov. 1, 1978, 92 Stat.
2315, directed Secretary of Health, Education, and Welfare, in cooperation with Commissioner of Education,
within one year of Nov. 1, 1978, to promulgate special
regulations which would provide that where a local
educational agency had not undertaken the remedial
action required by the Commissioner under 20 U.S.C.
240(b)(3)(C)(vi), the affected tribes could elect for the
Bureau of Indian Affairs to provide educational services provided by the local educational agency.

§ 7705. Application for payments under sections
7702 and 7703 of this title
(a) In general
A local educational agency desiring to receive
a payment under section 7702 or 7703 of this title
shall—
(1) submit an application for such payment
to the Secretary; and
(2) provide a copy of such application to the
State educational agency.
(b) Contents
Each such application shall be submitted in
such form and manner as the Secretary may require, including—
(1) information to determine the eligibility
of the local educational agency for a payment
and the amount of such payment; and
(2) where applicable, an assurance that such
agency is in compliance with section 7704 of
this title (relating to children residing on Indian lands).

§ 7705

(c) Deadline for submission
The Secretary shall establish deadlines for the
submission of applications under this section.
(d) Approval
(1) In general
The Secretary shall approve an application
submitted under this section that—
(A) except as provided in paragraph (2), is
filed by the deadline established under subsection (c); and
(B) otherwise meets the requirements of
this subchapter.
(2) Reduction in payment
The Secretary shall approve an application
filed not more than 60 days after a deadline established under subsection (c), or not more
than 60 days after the date on which the Secretary sends written notice to the local educational agency pursuant to paragraph (3)(A),
as the case may be, that otherwise meets the
requirements of this subchapter, except that,
notwithstanding section 7703(e) of this title,
the Secretary shall reduce the payment based
on such late application by 10 percent of the
amount that would otherwise be paid.
(3) Late applications
(A) Notice
The Secretary shall, as soon as practicable
after the deadline established under subsection (c), provide to each local educational
agency that applied for a payment under
section 7702 or 7703 of this title for the prior
fiscal year, and with respect to which the
Secretary has not received an application
for a payment under either such section (as
the case may be) for the fiscal year in question, written notice of the failure to comply
with the deadline and instruction to ensure
that the application is filed not later than 60
days after the date on which the Secretary
sends the notice.
(B) Acceptance and approval of late applications
The Secretary shall not accept or approve
any application of a local educational agency that is filed more than 60 days after the
date on which the Secretary sends written
notice to the local educational agency pursuant to subparagraph (A).
(4) State application authority
Notwithstanding any other provision of law,
a State educational agency that had been accepted as an applicant for funds under section
3 of the Act of September 30, 1950 (Public Law
874, 81st Congress) (as such section was in effect on the day preceding October 20, 1994) in
fiscal year 1994 shall be permitted to continue
as an applicant under the same conditions by
which such agency made application during
such fiscal year only if such State educational
agency distributes all funds received for the
students for which application is being made
by such State educational agency to the local
educational agencies providing educational
services to such students.
(Pub. L. 89–10, title VII, § 7005, formerly title
VIII, § 8005, as added Pub. L. 103–382, title I, § 101,

TITLE 20—EDUCATION

§ 7707

Oct. 20, 1994, 108 Stat. 3761; amended Pub. L.
106–398, § 1 [[div. A], title XVIII, § 1809], Oct. 30,
2000, 114 Stat. 1654, 1654A–382; renumbered title
VII, § 7005, and amended Pub. L. 114–95, title VII,
§§ 7001(c)(1), (d)(1), 7006, Dec. 10, 2015, 129 Stat.
2074, 2086.)
Editorial Notes
REFERENCES IN TEXT
Section 3 of the Act of September 30, 1950 (Public Law
874, 81st Congress) (as such section was in effect on the
day preceding October 20, 1994), referred to in subsec.
(d)(4), means section 3 of act Sept. 30, 1950, ch. 1124,
which was classified to section 238 of this title prior to
repeal by Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994,
108 Stat. 3965.
PRIOR PROVISIONS
A prior section 7706, Pub. L. 89–10, title VIII, § 8006, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3762, related to payments for sudden and substantial increases in attendance of military dependents, prior to
repeal by Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1810], Oct. 30, 2000, 114 Stat. 1654, 1654A–383.
AMENDMENTS
2015—Pub. L. 114–95, § 7006(1), made technical amendment to reference in original act which appears in section catchline as reference to sections 7702 and 7703 of
this title.
Subsec. (a). Pub. L. 114–95, § 7006(2), made technical
amendment to reference in original act which appears
in introductory provisions as reference to section 7703
of this title.
Pub. L. 114–95, § 7001(d)(1), made technical amendment
to reference in original act which appears in introductory provisions as reference to section 7702 of this title.
Subsec. (b). Pub. L. 114–95, § 7006(3), struck out ‘‘, and
shall contain such information,’’ after ‘‘in such form
and manner’’ in introductory provisions.
Subsec. (b)(2). Pub. L. 114–95, § 7006(3)(B), made technical amendment to reference in original act which appears in text as reference to section 7704 of this title.
Subsec. (d)(2). Pub. L. 114–95, § 7006(4), made technical
amendment to reference in original act which appears
in text as reference to section 7703(e) of this title.
Subsec. (d)(3)(A). Pub. L. 114–95, § 7006(2), made technical amendment to reference in original act which appears in text as reference to section 7703 of this title.
Pub. L. 114–95, § 7001(d)(1), made technical amendment
to reference in original act which appears in text as
reference to section 7702 of this title.
2000—Subsec. (d)(2). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1809(1)], inserted ‘‘, or not more than 60 days
after the date on which the Secretary sends written notice to the local educational agency pursuant to paragraph (3)(A), as the case may be,’’ after ‘‘subsection
(c)’’.
Subsec. (d)(3). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1809(2)], amended heading and text generally. Prior to
amendment, text read as follows: ‘‘The Secretary shall
not accept or approve any application that is filed more
than 60 days after a deadline established under subsection (c) of this section.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.
IMPACT AID PROGRAM
Pub. L. 116–211, § 2, Dec. 4, 2020, 134 Stat. 1017, provided
that: ‘‘Due to the public health emergency relating to

Page 1618

COVID–19 and notwithstanding sections 7002(j) and
7003(c) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7702(j), 7703(c)), a local educational
agency desiring to receive a payment under section 7002
or 7003 of such Act (20 U.S.C. 7702, 7703) for fiscal year
2022 that also submitted an application for such payment for fiscal year 2021 shall, in the application submitted under section 7005 of such Act (20 U.S.C. 7705) for
fiscal year 2022—
‘‘(1) with respect to a requested payment under section 7002 of such Act—
‘‘(A) use the data described in section 7002(j) of
such Act relating to calculating such payment that
was submitted by the local educational agency in
the application for fiscal year 2021; or
‘‘(B) use the data relating to calculating such
payment for the fiscal year required under section
7002(j) of such Act; and
‘‘(2) with respect to a requested payment under section 7003 of such Act—
‘‘(A) use the student count data relating to calculating such payment that was submitted by the
local educational agency in the application for fiscal year 2021, provided that payments for fiscal year
2022 shall be calculated by the Secretary using the
expenditures and rates described in clauses (i), (ii),
(iii), and (iv) of section 7003(b)(1)(C) of such Act
that would otherwise apply for fiscal year 2022; or
‘‘(B) use the student count data relating to calculating such payment for the fiscal year required
under section 7003(c) of such Act.’’

§ 7707. Construction
(a) Construction payments authorized
(1) In general
From 40 percent of the amount appropriated
for each fiscal year under section 7714(d) of
this title, the Secretary shall make payments
in accordance with this subsection to each
local educational agency that receives a basic
support payment under section 7703(b) of this
title for that fiscal year.
(2) Additional requirements
A local educational agency that receives a
basic support payment under section 7703(b)(1)
of this title shall also meet at least one of the
following requirements:
(A) The number of children determined
under section 7703(a)(1)(C) of this title for
the agency for the preceding school year
constituted at least 50 percent of the total
student enrollment in the schools of the
agency during the preceding school year.
(B) The number of children determined
under subparagraphs (B) and (D)(i) of section
7703(a)(1) of this title for the agency for the
preceding school year constituted at least 50
percent of the total student enrollment in
the schools of the agency during the preceding school year.
(3) Amount of payments
(A) Local educational agencies impacted by
military dependent children
The amount of a payment to each local
educational agency described in this subsection that is impacted by military dependent children for a fiscal year shall be equal
to—
(i)(I) 20 percent of the amount appropriated under section 7714(d) of this title
for such fiscal year; divided by
(II) the total number of weighted student
units of children described in subpara-

Page 1619

TITLE 20—EDUCATION

graphs (B) and (D)(i) of section 7703(a)(1) of
this title for all local educational agencies
described in this subsection (as calculated
under section 7703(a)(2) of this title), including the number of weighted student
units of such children attending a school
facility described in section 7708(a) of this
title if the Secretary does not provide assistance for the school facility under that
section for the prior fiscal year; multiplied
by
(ii) the total number of such weighted
student units for the agency.
(B) Local educational agencies impacted by
children who reside on Indian lands
The amount of a payment to each local
educational agency described in this subsection that is impacted by children who reside on Indian lands for a fiscal year shall be
equal to—
(i)(I) 20 percent of the amount appropriated under section 7714(d) of this title
for such fiscal year; divided by
(II) the total number of weighted student
units of children described in section
7703(a)(1)(C) of this title for all local educational agencies described in this subsection (as calculated under section
7703(a)(2) of this title); multiplied by
(ii) the total number of such weighted
student units for the agency.
(4) Use of funds
Any local educational agency that receives
funds under this subsection shall use such
funds for construction, as defined in section
7713(3) of this title.
(b) School facility emergency and modernization
grants authorized
(1) In general
From 60 percent of the amount appropriated
for each fiscal year under section 7714(d) of
this title, 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

§ 7707

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—
(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 7703(b)(2) of
this title 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 subchapter 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

§ 7707

TITLE 20—EDUCATION

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 7703(b) of this title
for the fiscal year and the agency meets at
least one of the following requirements:
(aa) The number of children determined under section 7703(a)(1)(C) of this
title 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 7703(a)(1) of this title 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.
(cc) Not less than 10 percent of the
property acreage in the agency is exempt
from State and local taxation under Federal law.
(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 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 7702 of this
title 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

Page 1620

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 7703(a)(1)(C) of
this title 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 7703(a)(1) of this title
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
(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

Page 1621

TITLE 20—EDUCATION

(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 7703(a)(1) of this title
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 wellbeing 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 (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 inkind 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 con-

§ 7707

tests, 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 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
and in such manner 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), and containing such additional information as may be necessary to
meet any award criteria for a grant under
this subsection as provided by any other
Act.
(B) In the case of an application for an
emergency grant—

TITLE 20—EDUCATION

§ 7708

Page 1622

Editorial Notes

Subsec. (a)(3)(A)(i)(II). Pub. L. 114–95, § 7007(1)(A)(ii),
made technical amendment to reference in original act
which appears in text as reference to section 7708(a) of
this title.
Pub. L. 114–95, § 7007(1)(A)(i), redesignated subcl. (II)
relating to 20 percent of the amount appropriated as (I).
Pub. L. 114–95, § 7001(d)(5), made technical amendment
to reference in original act which appears in text as
reference to section 7703(a)(2) of this title.
Subsec. (a)(3)(B)(i)(II). Pub. L. 114–95, § 7001(d)(5),
made technical amendment to reference in original act
which appears in text as reference to section 7703(a)(2)
of this title.
Subsec. (a)(4). Pub. L. 114–95, § 7007(1)(B), made technical amendment to reference in original act which appears in text as reference to section 7713(3) of this title.
Subsec. (b)(3)(A)(i)(III). Pub. L. 114–95, § 7001(d)(8),
made technical amendment to reference in original act
which appears in text as reference to section 7703(b)(2)
of this title.
Subsec. (b)(3)(C)(i)(I). Pub. L. 114–95, § 7001(d)(6), made
technical amendment to reference in original act which
appears in introductory provisions as reference to section 7703(b) of this title.
Subsec. (b)(3)(C)(i)(I)(cc). Pub. L. 114–95, § 7007(2)(A),
added item (cc).
Subsec. (b)(3)(C)(ii). Pub. L. 114–95, § 7001(d)(1), made
technical amendment to reference in original act which
appears in text as reference to section 7702 of this title.
Subsec. (b)(6). Pub. L. 114–95, § 7007(2)(B)(i), in introductory provisions, substituted ‘‘and in such manner’’
for ‘‘, in such manner, and accompanied by such information’’.
Subsec. (b)(6)(A). Pub. L. 114–95, § 7007(2)(B)(ii), inserted before period at end ‘‘, and containing such additional information as may be necessary to meet any
award criteria for a grant under this subsection as provided by any other Act’’.
Subsec. (b)(6)(F). Pub. L. 114–95, § 7007(2)(B)(iii),
struck out subpar. (F) which read as follows: ‘‘Such
other information and assurances as the Secretary may
reasonably require.’’
2014—Subsec. (b)(7). Pub. L. 113–188 struck out par. (7)
which required annual reports containing justifications
for each grant awarded under subsec. (b) for the prior
fiscal year.
2002—Subsec. (b). Pub. L. 107–110 amended heading
and text generally, reorganizing and revising provisions
relating to emergency and modernization grants.
2000—Pub. L. 106–398 amended section generally. Prior
to amendment, section consisted of subsecs. (a) to (c)
authorizing payments to certain local educational
agencies for construction.
1996—Subsec. (a)(2)(B). Pub. L. 104–134 struck out
‘‘and in which the agency at any 2 times during the
four fiscal years preceding October 20, 1994, was denied
by a vote of the agency’s eligible voters a bond referendum for the purposes of school construction or renovation’’ before semicolon at end.

AMENDMENTS

Statutory Notes and Related Subsidiaries

(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 7703(a)(1) of this title 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.
(Pub. L. 89–10, title VII, § 7007, formerly title
VIII, § 8007, as added Pub. L. 103–382, title I, § 101,
Oct. 20, 1994, 108 Stat. 3763; amended Pub. L.
104–134, title I, § 101(d) [title III, § 306(b)], Apr. 26,
1996, 110 Stat. 1321–211, 1321–236; renumbered title
I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat.
1327; Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1811], Oct. 30, 2000, 114 Stat. 1654, 1654A–383;
Pub. L. 107–110, title VIII, § 803, Jan. 8, 2002, 115
Stat. 1950; Pub. L. 113–188, title V, § 501, Nov. 26,
2014, 128 Stat. 2019; renumbered title VII, § 7007,
and amended Pub. L. 114–95, title VII,
§§ 7001(c)(2), (d)(1), (3)–(8), (11), 7007, Dec. 10, 2015,
129 Stat. 2074, 2075, 2086.)

2015—Pub. L. 114–95, § 7001(d)(11), substituted ‘‘section
7714(d) of this title’’ for ‘‘section 7714(e) of this title’’
wherever appearing.
Pub. L. 114–95, § 7001(d)(4), made technical amendment
to references in original act which appear in text as
references to section 7703(a)(1)(C) of this title wherever
appearing.
Pub. L. 114–95, § 7001(d)(3), made technical amendment
to references in original act which appear in text as
references to section 7703(a)(1) of this title wherever appearing.
Subsec. (a)(1). Pub. L. 114–95, § 7001(d)(6), made technical amendment to reference in original act which appears in text as reference to section 7703(b) of this title.
Subsec. (a)(2). Pub. L. 114–95, § 7001(d)(7), made technical amendment to reference in original act which appears in introductory provisions as reference to section
7703(b)(1) of this title.
Subsec. (a)(3)(A)(i)(I). Pub. L. 114–95, § 7007(1)(A)(i), redesignated subcl. (II) relating to 20 percent of the
amount appropriated as (I).

EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
and effective with respect to appropriations for use
under this subchapter for fiscal year 2002, see section 5
of Pub. L. 107–110, set out as an Effective Date note
under section 6301 of this title.

§ 7708. Facilities
(a) Current facilities
From the amount appropriated for any fiscal
year under section 7714(e) of this title, the Sec-

Page 1623

TITLE 20—EDUCATION

retary may continue to provide assistance for
school facilities that were supported by the Secretary under section 10 of the Act of September
23, 1950 (Public Law 815, 81st Congress) (as such
Act was in effect on the day preceding October
20, 1994).
(b) Transfer of facilities
(1) In general
The Secretary shall, as soon as practicable,
transfer to the appropriate local educational
agency or another appropriate entity all the
right, title, and interest of the United States
in and to each facility provided under section
10 of the Act of September 23, 1950 1 (Public
Law 815, 81st Congress), or under section 204 or
310 of the Act of September 30, 1950 1 (Public
Law 874, 81st Congress) (as such Acts were in
effect on January 1, 1958).
(2) Other requirements
Any such transfer shall be without charge to
such agency or entity, and prior to such transfer, the transfer shall be consented to by the
local educational agency or other appropriate
entity, and may be made on such terms and
conditions as the Secretary deems appropriate
to carry out the purposes of this subchapter.
(Pub. L. 89–10, title VII, § 7008, formerly title
VIII, § 8008, as added Pub. L. 103–382, title I, § 101,
Oct. 20, 1994, 108 Stat. 3764; renumbered title VII,
§ 7008, and amended Pub. L. 114–95, title VII,
§§ 7001(c)(2), 7008, Dec. 10, 2015, 129 Stat. 2074,
2086.)
Editorial Notes
REFERENCES IN TEXT
Section 10 of the Act of September 23, 1950 (Public
Law 815, 81st Congress) (as such Act was in effect on the
day preceding October 20, 1994), referred to in subsec.
(a), means section 10 of act Sept. 23, 1950, ch. 995, which
was classified to section 640 of this title prior to repeal
by Pub. L. 103–382, title III, § 331(a), Oct. 20, 1994, 108
Stat. 3965.
Section 10 of the Act of September 23, 1950 (Public
Law 815, 81st Congress) (as such Act was in effect on
January 1, 1958), referred to in subsec. (b)(1), probably
means section 10 of act Sept. 23, 1950, ch. 995, as added
by Pub. L. 85–620, title I, § 101, Aug. 12, 1958, 72 Stat. 553,
as amended, which was classified to section 640 of this
title prior to repeal by Pub. L. 103–382, title III, § 331(a),
Oct. 20, 1994, 108 Stat. 3965. The act Sept. 23, 1950, did
not contain a section 10 on Jan. 1, 1958.
Sections 204 and 310 of the Act of September 30, 1950
(Public Law 874, 81st Congress) (as such Act was in effect on January 1, 1958), referred to in subsec. (b)(1),
probably mean sections 204 and 310 of act Sept. 23, 1950,
ch. 995, which were classified to sections 274 and 300, respectively, of this title prior to the general amendment
of that Act by Pub. L. 85–620, Aug. 12, 1958, 72 Stat. 548.
The act Sept. 30, 1950, did not contain a section 204 or
310 on Jan. 1, 1958.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 7008, substituted
‘‘section 7714(e) of this title’’ for ‘‘section 7714(f) of this
title’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
1 See

References in Text note below.

§ 7709

under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.

§ 7709. State consideration of payments in providing State aid
(a) General prohibition
Except as provided in subsection (b), a State
may not—
(1) consider payments under this subchapter
in determining for any fiscal year—
(A) the eligibility of a local educational
agency for State aid for free public education; or
(B) the amount of such aid; or
(2) make such aid available to local educational agencies in a manner that results in
less State aid to any local educational agency
that is eligible for such payment than such
agency would receive if such agency were not
so eligible.
(b) State equalization plans
(1) In general
A State may reduce State aid to a local educational agency that receives a payment under
section 7702 or 7703(b) of this title (except the
amount calculated in excess of 1.0 under section 7703(a)(2)(B) of this title and, with respect
to a local educational agency that receives a
payment under section 7703(b)(2) of this title,
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 7703(b)(1) of this title
and not section 7703(b)(2) of this title) for any
fiscal year if the Secretary determines, and
certifies under subsection (c)(3)(A), that the
State has in effect a program of State aid that
equalizes expenditures for free public education among local educational agencies in
the State.
(2) Computation
(A) In general
For purposes of paragraph (1), a program of
State aid equalizes expenditures among local
educational agencies if, in the second fiscal
year preceding the fiscal year for which the
determination is made, the amount of perpupil expenditures made by, or per-pupil revenues available to, the local educational
agency in the State with the highest such
per-pupil expenditures or revenues did not
exceed the amount of such per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the
State with the lowest such expenditures or
revenues by more than 25 percent.
(B) Other factors
In making a determination under this subsection, the Secretary shall—
(i) disregard local educational agencies
with per-pupil expenditures or revenues
above the 95th percentile or below the 5th
percentile of such expenditures or revenues in the State; and
(ii) take into account the extent to
which a program of State aid reflects the

§ 7709

TITLE 20—EDUCATION

additional cost of providing free public
education in particular types of local educational agencies, such as those that are
geographically isolated, or to particular
types of students, such as children with
disabilities.
(3) Exception
Notwithstanding paragraph (2), if the Secretary determines that the State has substantially revised its program of State aid, the
Secretary may certify such program for any
fiscal year only if—
(A) the Secretary determines, on the basis
of projected data, that the State’s program
will meet the disparity standard described in
paragraph (2) for the fiscal year for which
the determination is made; and
(B) the State provides an assurance to the
Secretary that, if final data do not demonstrate that the State’s program met such
standard for the fiscal year for which the determination is made, the State will pay to
each affected local educational agency the
amount by which the State reduced State
aid to the local educational agency.
(c) Procedures for review of State equalization
plans
(1) Written notice
(A) In general
Any State that wishes to consider payments described in subsection (b)(1) in providing State aid to local educational agencies shall submit to the Secretary, not later
than 120 days before the beginning of the
State’s fiscal year, a written notice of such
State’s intention to do so.
(B) Contents
Such notice shall be in the form that the
Secretary requires, including evidence that
the State has notified each local educational
agency in the State of such State’s intention
to consider such payments in providing
State aid.
(2) Opportunity to present views
Before making a determination under subsection (b), the Secretary shall afford the
State, and local educational agencies in the
State, an opportunity to present their views.
(3) Qualification procedures
If the Secretary determines that a program
of State aid qualifies under subsection (b), the
Secretary shall—
(A) certify the program and so notify the
State; and
(B) afford an opportunity for a hearing, in
accordance with section 7711(a) of this title,
to any local educational agency adversely
affected by such certification.
(4) Nonqualification procedures
If the Secretary determines that a program
of State aid does not qualify under subsection
(b), the Secretary shall—
(A) so notify the State; and
(B) afford an opportunity for a hearing, in
accordance with section 7711(a) of this title,
to the State, and to any local educational

Page 1624

agency adversely affected by such determination.
(d) Treatment of State aid
(1) In general
If a State has in effect a program of State
aid for free public education for any fiscal
year, which is designed to equalize expenditures for free public education among the local
educational agencies of that State, payments
under this subchapter for any fiscal year may
be taken into consideration by such State in
determining the relative—
(A) financial resources available to local
educational agencies in that State; and
(B) financial need of such agencies for the
provision of free public education for children served by such agency, except that a
State may consider as local resources funds
received under this subchapter only in proportion to the share that local tax revenues
covered under a State equalization program
are of total local tax revenues.
(2) Prohibition
A State may not take into consideration
payments under this subchapter before such
State’s program of State aid has been certified
by the Secretary under subsection (c)(3).
(e) Remedies for State violations
(1) In general
The Secretary or any aggrieved local educational agency may, not earlier than 150 days
after an adverse determination by the Secretary against a State for violation of subsections (a) or (d)(2) or for failure to carry out
an assurance under subsection (b)(3)(B), and if
an administrative proceeding has not been
concluded within such time, bring an action in
a United States district court against such
State for such violations or failure.
(2) Immunity
A State shall not be immune under the 11th
amendment to the Constitution of the United
States from an action described in paragraph
(1).
(3) Relief
The court shall grant such relief as the court
determines is appropriate.
(Pub. L. 89–10, title VII, § 7009, formerly title
VIII, § 8009, as added Pub. L. 103–382, title I, § 101,
Oct. 20, 1994, 108 Stat. 3764; amended Pub. L.
104–195, § 10, Sept. 16, 1996, 110 Stat. 2384; Pub. L.
106–398, § 1 [[div. A], title XVIII, § 1812], Oct. 30,
2000, 114 Stat. 1654, 1654A–386; Pub. L. 107–110,
title VIII, § 804, Jan. 8, 2002, 115 Stat. 1956; renumbered title VII, § 7009, and amended Pub. L.
114–95, title VII, §§ 7001(c)(2), (d)(1), (7), (8), 7009,
Dec. 10, 2015, 129 Stat. 2074, 2087.)
Editorial Notes
AMENDMENTS
2015—Subsec. (b)(1). Pub. L. 114–95, § 7009(2), made
technical amendments to references in original act
which appear in text as references to sections 7703(b)
and 7703(a)(2)(B) of this title.
Pub. L. 114–95, § 7001(d)(8), made technical amendment
to references in original act which appear in two places
in text as references to section 7703(b)(2) of this title.

Page 1625

TITLE 20—EDUCATION

Pub. L. 114–95, § 7001(d)(7), made technical amendment
to reference in original act which appears in text as
reference to section 7703(b)(1) of this title.
Pub. L. 114–95, § 7001(d)(1), made technical amendment
to reference in original act which appears in text as
reference to section 7702 of this title.
Subsec. (c)(1)(B). Pub. L. 114–95, § 7009(3), substituted
‘‘that the Secretary requires’’ for ‘‘and contain the information the Secretary requires’’.
Subsec. (c)(3)(B), (4)(B). Pub. L. 114–95, § 7009(1), made
technical amendment to reference in original act which
appears in text as reference to section 7711(a) of this
title.
2002—Subsec. (b)(1). Pub. L. 107–110 inserted ‘‘and,
with respect to a local educational agency that receives a payment under section 7703(b)(2) of this title,
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 7703(b)(1)
of this title and not section 7703(b)(2) of this title’’ after
‘‘section 7703(a)(2)(B) of this title’’.
2000—Subsec. (a)(1). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1812(1)], struck out ‘‘or under the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such
Act was in effect on the day preceding October 20,
1994)’’ after ‘‘under this subchapter’’ in introductory
provisions.
Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1812(2)], amended heading and text of par. (1) generally. Prior to amendment, text read as follows: ‘‘A
State may reduce State aid to a local educational agency that receives a payment under section 7702 or 7703(b)
of this title (except the amount calculated in excess of
1.0 under subparagraph (B) of section 7703(a)(2) of this
title) or under the Act of September 30, 1950 (Public
Law 874, 81st Congress) as such Act was in effect on the
day preceding October 20, 1994 (other than an increase
in payments described in paragraphs (2)(B), (2)(C),
(2)(D), or (3)(B)(ii) of section 3(d) of such Act of September 30, 1950) for any fiscal year if the Secretary determines, and certifies under subsection (c)(3)(A) of this
section, that such State has in effect a program of
State aid that equalizes expenditures for free public
education among local educational agencies in such
State.’’
Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1812(3)], struck out ‘‘or under the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such Act was in
effect on the day preceding October 20, 1994)’’ after
‘‘under this subchapter’’ wherever appearing.
1996—Subsec. (b)(2)(A). Pub. L. 104–195 substituted
‘‘more than 25 percent’’ for ‘‘more than—
‘‘(i) 25 percent for fiscal year 1995, 1996, or 1997; and
‘‘(ii) 20 percent for fiscal year 1998 or 1999’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
and effective with respect to appropriations for use
under this subchapter for fiscal year 2002, see section 5
of Pub. L. 107–110, set out as an Effective Date note
under section 6301 of this title.

§ 7710. Federal administration
(a) Payments in whole dollar amounts
The Secretary shall round any payments
under this subchapter to the nearest whole dollar amount.

§ 7710

(b) Other agencies
Each Federal agency administering Federal
property on which children reside, and each
agency principally responsible for an activity
that may occasion assistance under this subchapter, shall, to the maximum extent practicable, comply with requests of the Secretary
for information the Secretary may require to
carry out this subchapter.
(c) Special rules
(1) Certain children eligible under subparagraphs (A) and (G)(ii) of section 7703(a)(1)
(A) The Secretary shall treat as eligible
under subparagraph (A) of section 7703(a)(1) of
this title any child who would be eligible
under such subparagraph except that the Federal property on which the child resides or on
which the child’s parent is employed is not in
the same State in which the child attends
school, if such child meets the requirements of
paragraph (2).
(B) The Secretary shall treat as eligible
under subparagraph (G) of section 7703(a)(1) of
this title any child who would be eligible
under such subparagraph except that such
child does not meet the requirements of clause
(ii) of such subparagraph, if such child meets
the requirements of paragraph (2).
(2) Requirements
A child meets the requirements of this paragraph if—
(A) such child resides—
(i) in a State adjacent to the State in
which the local educational agency serving
the school such child attends is located; or
(ii) with a parent employed on Federal
property in a State adjacent to the State
in which such agency is located;
(B) the schools of such agency are within a
more reasonable commuting distance of such
child’s home than the schools of the local
educational agency that serves the school
attendance area where such child resides;
(C) attending the schools of the local educational agency that serves the school attendance area where such child resides will
impose a substantial hardship on such child;
(D) the State in which such child attends
school provides funds for the education of
such child on the same basis as all other
public school children in the State, unless
otherwise permitted under section 7709(b) of
this title; and
(E) such agency received a payment for fiscal year 1999 under section 7703(b) of this
title on behalf of children described in paragraph (1).
(d) Timely payments
(1) In general
Subject to paragraph (2), the Secretary shall
pay a local educational agency the full
amount that the agency is eligible to receive
under this subchapter for a fiscal year not
later than September 30 of the second fiscal
year following the fiscal year for which such
amount has been appropriated if, not later
than 1 calendar year following the fiscal year
in which such amount has been appropriated,

TITLE 20—EDUCATION

§ 7711

such local educational agency submits to the
Secretary all the data and information necessary for the Secretary to pay the full
amount that the agency is eligible to receive
under this subchapter for such fiscal year.
(2) Payments with respect of fiscal years in
which insufficient funds are appropriated
For a fiscal year in which the amount appropriated under section 7714 of this title is insufficient to pay the full amount a local educational agency is eligible to receive under
this subchapter, paragraph (1) shall be applied
by substituting ‘‘is available to pay the agency’’ for ‘‘the agency is eligible to receive’’
each place the term appears.
(Pub. L. 89–10, title VII, § 7010, formerly title
VIII, § 8010, as added Pub. L. 103–382, title I, § 101,
Oct. 20, 1994, 108 Stat. 3767; amended Pub. L.
106–398, § 1 [[div. A], title XVIII, § 1813], Oct. 30,
2000, 114 Stat. 1654, 1654A–387; Pub. L. 112–239,
div. A, title V, § 563(b)(3), (c)(4), Jan. 2, 2013, 126
Stat. 1747, 1748; renumbered title VII, § 7010, and
amended Pub. L. 114–95, title VII, §§ 7001(a)(1),
(c)(2), (d)(3), (6), 7010, Dec. 10, 2015, 129 Stat. 2074,
2087.)
Editorial Notes
AMENDMENTS
2015—Pub. L. 114–95, § 7001(a)(1), repealed Pub. L.
112–239, § 563(c)(4). See 2013 Amendment notes below.
Subsec. (c)(1). Pub. L. 114–95, § 7010(1)(A), made technical amendment to reference in original act which appears in heading as reference to section 7703(a)(1).
Subsec. (c)(1)(A), (B). Pub. L. 114–95, § 7001(d)(3), made
technical amendment to reference in original act which
appears in text as reference to section 7703(a)(1) of this
title.
Subsec. (c)(2)(D). Pub. L. 114–95, § 7010(1)(B), made
technical amendment to reference in original act which
appears in text as reference to section 7709(b) of this
title.
Subsec. (c)(2)(E). Pub. L. 114–95, § 7001(d)(6), made
technical amendment to reference in original act which
appears in text as reference to section 7703(b) of this
title.
Subsec. (d)(2). Pub. L. 114–95, § 7010(2), made technical
amendment to reference in original act which appears
in text as reference to section 7714 of this title.
2013—Pub. L. 112–239, § 563(c)(4), which directed repeal
of the amendment by Pub. L. 112–239, § 563(b)(3)(B), on
the day after the 5-year period that began on Jan. 3,
2013, was itself repealed by Pub. L. 114–95, § 7001(a)(1).
Subsec. (c)(1). Pub. L. 112–239, § 563(b)(3)(A), substituted ‘‘paragraph (2)’’ for ‘‘paragraph (3) of this subsection’’ in subpars. (A) and (B).
Subsec. (d). Pub. L. 112–239, § 563(b)(3)(B), added subsec. (d).
2000—Subsec. (c)(1). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1813(1), (2)], redesignated par. (2) as (1) and
struck out heading and text of former par. (1). Text
read as follows: ‘‘Notwithstanding any other provision
of law, for any fiscal year before fiscal year 1995, the
Secretary shall treat as eligible under subsection (a) or
(b) of section 3 of the Act of September 30, 1950 (Public
Law 874, 81st Congress) (as such subsection was in effect on the day preceding October 20, 1994), and shall
forgive the obligation of a local educational agency to
repay any amounts that such agency received under
such section for such fiscal year based on, any child
who would be eligible under such subsections except
that such child does not meet the requirements of subsection (a)(1)(B) or (b)(2)(B), respectively, of such section 3, if such child meets the requirements of paragraph (3) of this subsection.’’

Page 1626

Subsec. (c)(2). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1813(2)], redesignated par. (3) as (2). Former par. (2) redesignated (1).
Subsec. (c)(2)(D). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1813(3)(A)], struck out ‘‘section 5(d)(2) of the
Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on the day preceding October 20, 1994) or’’ after ‘‘otherwise permitted
under’’.
Subsec. (c)(2)(E). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1813(3)(B)], substituted ‘‘1999’’ for ‘‘1994’’, struck
out ‘‘(or such section’s predecessor authority)’’ after
‘‘section 7703(b) of this title’’, and substituted ‘‘paragraph (1)’’ for ‘‘paragraph (2)’’.
Subsec. (c)(3). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1813(2)], redesignated par. (3) as (2).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.

§ 7711. Administrative hearings and judicial review
(a) Administrative hearings
A local educational agency and a State that is
adversely affected by any action of the Secretary under this subchapter shall be entitled to
a hearing on such action in the same manner as
if such agency were a person under chapter 5 of
title 5 if the local educational agency or State,
as the case may be, submits to the Secretary a
request for the hearing not later than 60 days
after the date of the action of the Secretary
under this subchapter.
(b) Judicial review of secretarial action
(1) In general
A local educational agency or a State aggrieved by the Secretary’s final decision following an agency proceeding under subsection
(a) may, within 30 working days (as determined by the local educational agency or
State) after receiving notice of such decision,
file with the United States court of appeals for
the circuit in which such agency or State is
located a petition for review of that action.
The clerk of the court shall promptly transmit
a copy of the petition to the Secretary. The
Secretary shall then file in the court the
record of the proceedings on which the Secretary’s action was based, as provided in section 2112 of title 28.
(2) Findings of fact
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. The Secretary may thereupon 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.
(3) Review
The court shall have exclusive jurisdiction
to affirm the action of the Secretary or to set

Page 1627

TITLE 20—EDUCATION

§ 7713

it aside, in whole or in part. 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.

VII, § 7012, Pub. L. 114–95, title VII, § 7001(c)(2),
Dec. 10, 2015, 129 Stat. 2074.)

(Pub. L. 89–10, title VII, § 7011, formerly title
VIII, § 8011, as added Pub. L. 103–382, title I, § 101,
Oct. 20, 1994, 108 Stat. 3768; amended Pub. L.
106–398, § 1 [[div. A], title XVIII, § 1814(a)(1), (b)],
Oct. 30, 2000, 114 Stat. 1654, 1654A–387; renumbered title VII, § 7011, and amended Pub. L.
114–95, title VII, §§ 7001(c)(2), 7011, Dec. 10, 2015,
129 Stat. 2074, 2087.)

2000—Pub. L. 106–398 substituted ‘‘under this subchapter’s predecessor authorities’’ for ‘‘under the Act
of September 30, 1950 (Public Law 874, 81st Congress) or
the Act of September 23, 1950 (Public Law 815, 81st Congress) (as such Acts were in effect on the day preceding
October 20, 1994)’’ in introductory provisions.

Editorial Notes
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 7011, struck out ‘‘or
under the Act of September 30, 1950 (Public Law 874,
81st Congress) (as such Act was in effect on the day preceding October 20, 1994)’’ after ‘‘any action of the Secretary under this subchapter’’.
2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1814(a)(1)], inserted ‘‘if the local educational
agency or State, as the case may be, submits to the
Secretary a request for the hearing not later than 60
days after the date of the action of the Secretary under
this subchapter’’ before period at end.
Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1814(b)], substituted ‘‘30 working days (as determined
by the local educational agency or State)’’ for ‘‘60
days’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1814(a)(2)],
Oct. 30, 2000, 114 Stat. 1654, 1654A–387, provided that:
‘‘The amendment made by paragraph (1) [amending this
section] shall apply with respect to an action of the
Secretary under title VIII [now VII] of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7701 et
seq.) initiated on or after the date of the enactment of
this Act [Oct. 30, 2000].’’

§ 7712. Forgiveness of overpayments
Notwithstanding any other provision of law,
the Secretary may forgive the obligation of a
local educational agency to repay, in whole or in
part, the amount of any overpayment received
under this subchapter, or under this subchapter’s predecessor authorities, if the Secretary determines that the overpayment was
made as a result of an error made by—
(1) the Secretary; or
(2) the local educational agency and repayment of the full amount of the overpayment
will result in an undue financial hardship on
the agency and seriously harm the agency’s
educational program.
(Pub. L. 89–10, title VII, § 7012, formerly title
VIII, § 8012, as added Pub. L. 103–382, title I, § 101,
Oct. 20, 1994, 108 Stat. 3769; amended Pub. L.
106–398, § 1 [[div. A], title XVIII, § 1815], Oct. 30,
2000, 114 Stat. 1654, 1654A–387; renumbered title

Editorial Notes
AMENDMENTS

§ 7713. Definitions
For purposes of this subchapter:
(1) Armed Forces
The term ‘‘Armed Forces’’ means the Army,
Navy, Air Force, Marine Corps, and Coast
Guard.
(2) Average per-pupil expenditure
The term ‘‘average per-pupil expenditure’’
means—
(A) the aggregate current expenditures of
all local educational agencies in the State;
divided by
(B) the total number of children in average
daily attendance for whom such agencies
provided free public education.
(3) Construction
The term ‘‘construction’’ means—
(A) the preparation of drawings and specifications for school facilities;
(B) erecting, building, acquiring, altering,
remodeling, repairing, or extending school
facilities;
(C) inspecting and supervising the construction of school facilities; and
(D) debt service for such activities.
(4) Current expenditures
The term ‘‘current expenditures’’ means expenditures for free public education, 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 does not include expenditures for community services, capital outlay,
and debt service, or any expenditures made
from funds awarded under part A of subchapter I. The determination of whether an
expenditure for the replacement of equipment
is considered a current expenditure or a capital outlay shall be determined in accordance
with generally accepted accounting principles
as determined by the State.
(5) Federal property
(A) In general
Except as provided in subparagraphs (B)
through (F), the term ‘‘Federal property’’
means real property that is not subject to
taxation by any State or any political subdivision of a State due to Federal agreement, law, or policy, and that is—
(i) owned by the United States or leased
by the United States from another entity;
(ii)(I) held in trust by the United States
for individual Indians or Indian tribes;

§ 7713

TITLE 20—EDUCATION
(II) held by individual Indians or Indian
tribes subject to restrictions on alienation
imposed by the United States;
(III) conveyed at any time under the
Alaska Native Claims Settlement Act [43
U.S.C. 1601 et seq.] to a Native individual,
Native group, or village or regional corporation (including single family occupancy properties that may have been subsequently sold or leased to a third party),
except that property that is conveyed
under such Act—
(aa) that is not taxed is, for the purposes of this paragraph, considered taxexempt due to Federal law; and
(bb) is considered Federal property for
the purpose of this paragraph if the property is located within a Regional Educational Attendance Area that has no
taxing power;

(IV) public land owned by the United
States that is designated for the sole use
and benefit of individual Indians or Indian
tribes; or
(V) used for low-rent housing, as described in paragraph (10), that is located
on land described in subclause (I), (II),
(III), or (IV) of this clause or on land that
met one of those descriptions immediately
before such property’s use for such housing;
(iii)(I) part of a low-rent housing project
assisted under the United States Housing
Act of 1937 [42 U.S.C. 1437 et seq.];
(II) used to provide housing for homeless
children at closed military installations
pursuant to section 11411 of title 42; or
(III) used for affordable housing assisted
under the Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.); or
(iv) owned by a foreign government or by
an international organization.
(B) Schools providing flight training to members of Air Force
The term ‘‘Federal property’’ includes, so
long as not subject to taxation by any State
or any political subdivision of a State, and
whether or not that tax exemption is due to
Federal agreement, law, or policy, any
school providing flight training to members
of the Air Force under contract with the Air
Force at an airport owned by a State or political subdivision of a State.
(C) Non-Federal easements, leases, licenses,
permits, improvements, and certain other
real property
The term ‘‘Federal property’’ includes,
whether or not subject to taxation by a
State or a political subdivision of a State—
(i) any non-Federal easement, lease, license, permit, or other such interest in
Federal property as otherwise described in
this paragraph, but not including any nonFederal fee-simple interest;
(ii) any improvement on Federal property as otherwise described in this paragraph; and
(iii) real property that, immediately before its sale or transfer to a non-Federal

Page 1628

party, was owned by the United States and
otherwise qualified as Federal property described in this paragraph, but only for one
year beyond the end of the fiscal year of
such sale or transfer.
(D) Certain Postal Service property and pipelines and utility lines
Notwithstanding any other provision of
this paragraph, the term ‘‘Federal property’’
does not include—
(i) any real property under the jurisdiction of the United States Postal Service
that is used primarily for the provision of
postal services; or
(ii) pipelines and utility lines.
(E) Property with respect to which State or
local tax revenues may not be expended,
allocated, or available for free public
education
Notwithstanding any other provision of
this paragraph, ‘‘Federal property’’ does not
include any property on which children reside that is otherwise described in this paragraph if—
(i) no tax revenues of the State or of any
political subdivision of the State may be
expended for the free public education of
children who reside on that Federal property; or
(ii) no tax revenues of the State are allocated or available for the free public education of such children.
(F) Property located in the State of Oklahoma owned by Indian housing authority
for low-income housing
The term ‘‘Federal property’’ includes any
real property located in the State of Oklahoma that—
(i) is owned by an Indian housing authority and used for low-income housing (including housing assisted under or authorized by the Native American Housing Assistance and Self-Determination Act of
1996 [25 U.S.C. 4101 et seq.]); and
(ii) at any time—
(I) was designated by treaty as tribal
land; or
(II) satisfied the definition of Federal
property under section 403(1)(A) of the
Act of September 30, 1950 (Public Law
874, 81st Congress) (as such Act was in effect on the day preceding October 20,
1994).
(6) Free public education
The term ‘‘free public education’’ means
education that is provided—
(A) at public expense, under public supervision and direction, and without tuition
charge; and
(B) as elementary or secondary education,
as determined under State law, except that,
notwithstanding State law, such term—
(i) includes preschool education; and
(ii) does not include any education provided beyond grade 12.
(7) Indian lands
The term ‘‘Indian lands’’ means any Federal
property described in paragraph (5)(A)(ii) or
(5)(F).

Page 1629

TITLE 20—EDUCATION

(8) Local contribution percentage
(A) In general
The term ‘‘local contribution percentage’’
means the percentage of current expenditures in the State derived from local and intermediate sources, as reported to and
verified by the National Center for Education Statistics.
(B) Hawaii and District of Columbia
Notwithstanding subparagraph (A), the
local contribution percentage for Hawaii and
for the District of Columbia shall be the average local contribution percentage for the
50 States and the District of Columbia.
(9) Local educational agency
(A) In general
Except as provided in subparagraph (B),
the term ‘‘local educational agency’’—
(i) 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, independent school district, or
other school district; and
(ii) includes any State agency that directly operates and maintains facilities for
providing free public education.
(B) Exception
The term ‘‘local educational agency’’ does
not include any agency or school authority
that the Secretary determines on a case-bycase basis—
(i) was constituted or reconstituted primarily for the purpose of receiving assistance under this subchapter or the Act of
September 30, 1950 (Public Law 874, 81st
Congress) (as such Act was in effect on the
day preceding October 20, 1994) or increasing the amount of such assistance; or
(ii) is not constituted or reconstituted
for legitimate educational purposes.
(10) Low-rent housing
The term ‘‘low-rent housing’’ means housing
located on property that is described in paragraph (5)(A)(iii).
(11) Modernization
The term ‘‘modernization’’ means repair,
renovation, alteration, or construction, including—
(A) the concurrent installation of equipment; and
(B) the complete or partial replacement of
an existing school facility, but only if such
replacement is less expensive and more costeffective than repair, renovation, or alteration of the school facility.
(12) Revenue derived from local sources
The term ‘‘revenue derived from local
sources’’ means—
(A) revenue produced within the boundaries of a local educational agency and
available to such agency for such agency’s
use; or
(B) funds collected by another governmental unit, but distributed back to a local
educational agency in the same proportion

§ 7713

as such funds were collected as a local revenue source.
(13) School facilities
The term ‘‘school facilities’’ includes—
(A) classrooms and related facilities; and
(B) equipment, machinery, and utilities
necessary or appropriate for school purposes.
(Pub. L. 89–10, title VII, § 7013, formerly title
VIII, § 8013, as added Pub. L. 103–382, title I, § 101,
Oct. 20, 1994, 108 Stat. 3769; amended Pub. L.
106–398, § 1 [[div. A], title XVIII, § 1816], Oct. 30,
2000, 114 Stat. 1654, 1654A–387; renumbered title
VII, § 7013, and amended Pub. L. 114–95, title VII,
§§ 7001(c)(2), 7012, Dec. 10, 2015, 129 Stat. 2074,
2087.)
Editorial Notes
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred
to in par. (5)(A)(ii)(III), is Pub. L. 92–203, Dec. 18, 1971,
85 Stat. 688, as amended, which is classified generally
to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands.
For complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title 43
and Tables.
The United States Housing Act of 1937, referred to in
par. (5)(A)(iii)(I), is act Sept. 1, 1937, ch. 896, as revised
generally by Pub. L. 93–383, title II, § 201(a), Aug. 22,
1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 1437 of
Title 42 and Tables.
The Native American Housing Assistance and SelfDetermination Act of 1996, referred to in par.
(5)(A)(iii)(III), (F)(i), is Pub. L. 104–330, Oct. 26, 1996, 110
Stat. 4016, as amended, which is classified principally
to chapter 43 (§ 4101 et seq.) of Title 25, Indians. For
complete classification of this Act to the Code, see
Short Title note set out under section 4101 of Title 25
and Tables.
Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding
October 20, 1994), referred to in pars. (5)(F)(ii)(II) and
(9)(B)(i), is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, as
amended, which was classified generally to chapter 13
(§ 236 et seq.) of this title prior to repeal by Pub. L.
103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965.
Section 403 of the Act was classified to section 244 of
this title. For complete classification of this Act to the
Code, see Tables.
AMENDMENTS
2015—Par. (1). Pub. L. 114–95, § 7012(1), substituted
‘‘Marine Corps, and Coast Guard’’ for ‘‘and Marine
Corps’’.
Par. (4). Pub. L. 114–95, § 7012(2), struck out ‘‘and subchapter VI’’ after ‘‘part A of subchapter I’’.
Par. (5)(A)(ii)(III). Pub. L. 114–95, § 7012(3)(A), added
subcl. (III) and struck out former subcl. (III) which read
as follows: ‘‘conveyed at any time under the Alaska Native Claims Settlement Act to a Native individual, Native group, or village or regional corporation;’’.
Par. (5)(A)(iii)(II). Pub. L. 114–95, § 7012(3)(B)(i), made
technical amendment to reference in original act which
appears in text as reference to section 11411 of title 42.
Par. (5)(A)(iii)(III). Pub. L. 114–95, § 7012(3)(B)(ii),
added subcl. (III) and struck out former subcl. (III)
which read as follows: ‘‘used for affordable housing assisted under the Native American Housing Assistance
and Self-Determination Act of 1996; or’’.
2000—Par. (5)(A)(iii)(III). Pub. L. 106–398, § 1 [[div. A],
title XVIII, § 1816(1)(A)], added subcl. (III).
Par. (5)(F)(i). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1816(1)(B)], substituted ‘‘or authorized by the Native

TITLE 20—EDUCATION

§ 7713a

American Housing Assistance and Self-Determination
Act of 1996’’ for ‘‘the mutual help ownership opportunity program under section 202 of the United States
Housing Act of 1937’’.
Par. (8)(B). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1816(2)], substituted ‘‘the 50 States and the District of
Columbia’’ for ‘‘all States’’.
Pars. (11) to (13). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1816(3), (4)], added par. (11) and redesignated
former pars. (11) and (12) as (12) and (13), respectively.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.

§ 7713a. School facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments
In order to facilitate the providing of educational opportunities for children of Government employees and other residents in Indian
reservations, the national parks and national
monuments the Secretary of the Interior is
hereby authorized in his discretion to make
available for elementary school purposes therein, without charge, space in Government-owned
buildings, when such space may be available for
such purposes without detriment to the official
business of such Indian reservations, national
parks and national monuments.
(July 16, 1940, ch. 629, 54 Stat. 761.)
Editorial Notes
CODIFICATION
Section was not enacted as part of the Elementary
and Secondary Education Act of 1965, which comprises
this chapter.
Section was formerly classified to section 244a of this
title. Prior thereto, section was classified to section 76a
of Title 5 prior to the general revision and enactment
of Title 5, Government Organization and Employees, by
Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.

§ 7714. Authorization of appropriations
(a) Payments for Federal acquisition of real
property
For the purpose of making payments under
section 7702 of this title, there are authorized to
be appropriated $66,813,000 for each of fiscal
years 2017 through 2019, and $71,997,917 for fiscal
year 2020.
(b) Basic payments; payments for heavily impacted local educational agencies
For the purpose of making payments under
section 7703(b) of this title, there are authorized
to be appropriated $1,151,233,000 for each of fiscal
years 2017 through 2019, and $1,240,572,618 for fiscal year 2020.
(c) Payments for children with disabilities
For the purpose of making payments under
section 7703(d) of this title, there are authorized
to be appropriated $48,316,000 for each of fiscal
years 2017 through 2019, and $52,065,487 for fiscal
year 2020.

Page 1630

(d) Construction
For the purpose of carrying out section 7707 of
this title, there are authorized to be appropriated $17,406,000 for each of fiscal years 2017
through 2019, and $18,756,765 for fiscal year 2020.
(e) Facilities maintenance
For the purpose of carrying out section 7708 of
this title, there are authorized to be appropriated $4,835,000 for each of fiscal years 2017
through 2019, and $5,210,213 for fiscal year 2020.
(Pub. L. 89–10, title VII, § 7014, formerly title
VIII, § 8014, as added Pub. L. 103–382, title I, § 101,
Oct. 20, 1994, 108 Stat. 3772; amended Pub. L.
105–78, title III, Nov. 13, 1997, 111 Stat. 1498; Pub.
L. 106–398, § 1 [[div. A], title XVIII, § 1817], Oct.
30, 2000, 114 Stat. 1654, 1654A–388; Pub. L. 107–110,
title VIII, § 805, Jan. 8, 2002, 115 Stat. 1956; renumbered title VII, § 7014, and amended Pub. L.
114–95, title VII, §§ 7001(c)(2), (d)(1), (6), 7013, Dec.
10, 2015, 129 Stat. 2074, 2088.)
Editorial Notes
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 7013(1), substituted
‘‘$66,813,000 for each of fiscal years 2017 through 2019,
and $71,997,917 for fiscal year 2020’’ for ‘‘$32,000,000 for
fiscal year 2000 and such sums as may be necessary for
each of the seven succeeding fiscal years’’.
Pub. L. 114–95, § 7001(d)(1), made technical amendment
to reference in original act which appears in text as
reference to section 7702 of this title.
Subsec. (b). Pub. L. 114–95, § 7013(2), substituted
‘‘$1,151,233,000 for each of fiscal years 2017 through 2019,
and $1,240,572,618 for fiscal year 2020’’ for ‘‘$809,400,000
for fiscal year 2000 and such sums as may be necessary
for each of the seven succeeding fiscal years’’.
Pub. L. 114–95, § 7001(d)(6), made technical amendment
to reference in original act which appears in text as
reference to section 7703(b) of this title.
Subsec. (c). Pub. L. 114–95, § 7013(3), made technical
amendment to reference in original act which appears
in text as reference to section 7703(d) of this title and
substituted ‘‘$48,316,000 for each of fiscal years 2017
through 2019, and $52,065,487 for fiscal year 2020’’ for
‘‘$50,000,000 for fiscal year 2000 and such sums as may be
necessary for each of the seven succeeding fiscal
years’’.
Subsec. (d). Pub. L. 114–95, § 7013(5), made technical
amendment to reference in original act which appears
in text as reference to section 7707 of this title and substituted ‘‘$17,406,000 for each of fiscal years 2017 through
2019, and $18,756,765 for fiscal year 2020’’ for ‘‘$10,052,000
for fiscal year 2000 and such sums as may be necessary
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’’.
Pub. L. 114–95, § 7013(4), redesignated subsec. (e) as (d).
Subsec. (e). Pub. L. 114–95, § 7013(6), made technical
amendment to reference in original act which appears
in text as reference to section 7708 of this title and substituted ‘‘$4,835,000 for each of fiscal years 2017 through
2019, and $5,210,213 for fiscal year 2020’’ for ‘‘$5,000,000
for fiscal year 2000 and such sums as may be necessary
for each of the seven succeeding fiscal years’’.
Pub. L. 114–95, § 7013(4), redesignated subsec. (f) as (e).
Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 114–95, § 7013(4), redesignated subsec. (f) as (e).
2002—Subsecs. (a) to (c). Pub. L. 107–110, § 805(a), substituted ‘‘seven succeeding fiscal years’’ for ‘‘three succeeding fiscal years’’.
Subsec. (e). Pub. L. 107–110, § 805(b), substituted ‘‘for
fiscal year 2001, $150,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the five suc-

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TITLE 20—EDUCATION

ceeding fiscal years’’ for ‘‘for each of the three succeeding fiscal years’’.
Subsec. (f). Pub. L. 107–110, § 805(a), substituted
‘‘seven succeeding fiscal years’’ for ‘‘three succeeding
fiscal years’’.
Subsec. (g). Pub. L. 107–110, § 805(c), struck out heading and text of subsec. (g). Text read as follows: ‘‘For
the purpose of carrying out section 7702(j) of this title
there are authorized to be appropriated $1,500,000 for
fiscal year 2000 and such sums as may be necessary for
each of the three succeeding fiscal years.’’
2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title
XVIII, § 1817(a)], substituted ‘‘$32,000,000 for fiscal year
2000’’ for ‘‘$16,750,000 for fiscal year 1995’’ and ‘‘three’’
for ‘‘four’’.
Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1817(b)], substituted ‘‘section 7703(b)’’ for ‘‘subsections
(b) and (f) of section 7703’’, ‘‘$809,400,000 for fiscal year
2000’’ for ‘‘$775,000,000 for fiscal year 1995’’, and ‘‘three’’
for ‘‘four’’ and struck out ‘‘, of which 6 percent shall be
available, until expended, for each such fiscal year to
carry out section 7703(f) of this title’’ before period at
end.
Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1817(c)], substituted ‘‘$50,000,000 for fiscal year 2000’’
for ‘‘$45,000,000 for fiscal year 1995’’ and ‘‘three’’ for
‘‘four’’.
Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1817(d)], struck out heading and text of subsec. (d).
Text read as follows: ‘‘For the purpose of making payments under section 7706 of this title, there are authorized to be appropriated $2,000,000 for fiscal year 1995 and
such sums as may be necessary for each of the four succeeding fiscal years.’’
Subsec. (e). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1817(e)], substituted ‘‘$10,052,000 for fiscal year 2000’’
for ‘‘$25,000,000 for fiscal year 1995’’ and ‘‘three’’ for
‘‘four’’.
Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1817(f)], substituted ‘‘$5,000,000 for fiscal year 2000’’ for
‘‘$2,000,000 for fiscal year 1995’’ and ‘‘three’’ for ‘‘four’’.
Subsec. (g). Pub. L. 106–398, § 1 [[div. A], title XVIII,
§ 1817(g)], amended heading and substituted ‘‘$1,500,000
for fiscal year 2000 and such sums as may be necessary
for each of the three succeeding fiscal years’’ for ‘‘such
sums as are necessary beginning in fiscal year 1998 and
for each succeeding fiscal year’’ in text.
1997—Subsec. (g). Pub. L. 105–78 added subsec. (g).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
and effective with respect to appropriations for use
under this subchapter for fiscal year 2002, see section 5
of Pub. L. 107–110, set out as an Effective Date note
under section 6301 of this title.

SUBCHAPTER VIII—GENERAL PROVISIONS
Editorial Notes
CODIFICATION
Pub. L. 114–95, title VIII, § 8001(a), Dec. 10, 2015, 129
Stat. 2088, redesignated subchapter IX (§ 7801 et seq.) of
this chapter as this subchapter.
Title VIII 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, and subsequently revised, restated, redesignated, and amended by other public laws. Title VIII is

§ 7801

shown, herein, as having been added as title IX of Pub.
L. 89–10 by Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115
Stat. 1956, without reference to earlier amendments because of the extensive revision of the title’s provisions
by Pub. L. 107–110. Title IX of Pub. L. 89–10 was subsequently redesignated title VIII by Pub. L. 114–95, title
VIII, § 8001(a), Dec. 10, 2015, 129 Stat. 2088, and transferred to this subchapter. See Codification note preceding section 6301 of this title.
PRIOR PROVISIONS
A prior title VIII of the Elementary and Secondary
Education Act of 1965, comprising former subchapter
VIII (§ 7701 et seq.) of this chapter, was redesignated
title VII of the Act by Pub. L. 114–95, title VII, § 7001(c),
Dec. 10, 2015, 129 Stat. 2074, and transferred to subchapter VII (§ 7701 et seq.) of this chapter.

PART A—DEFINITIONS
§ 7801. Definitions
Except as otherwise provided, in this chapter:
(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 in another school
district, the Secretary shall, for the purpose
of this chapter—
(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 1401 of this title, the Secretary shall,
for the purpose of this chapter, 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

§ 7801

TITLE 20—EDUCATION
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) Child
The term ‘‘child’’ means any person within
the age limits for which the State provides
free public education.
(4) Child with a disability
The term ‘‘child with a disability’’ has the
same meaning given that term in section 1401
of this title.
(5) 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.
(6) Consolidated local application
The term ‘‘consolidated local application’’
means an application submitted by a local
educational agency pursuant to section 7845 of
this title.
(7) Consolidated local plan
The term ‘‘consolidated local plan’’ means a
plan submitted by a local educational agency
pursuant to section 7845 of this title.
(8) Consolidated State application
The term ‘‘consolidated State application’’
means an application submitted by a State
educational agency pursuant to section 7842 of
this title.
(9) Consolidated State plan
The term ‘‘consolidated State plan’’ means a
plan submitted by a State educational agency
pursuant to section 7842 of this title.
(10) 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.
(11) Covered program
The term ‘‘covered program’’ means each of
the programs authorized by—
(A) part A of subchapter I;
(B) part C of subchapter I;
(C) part D of subchapter I;
(D) part A of subchapter II;
(E) part A of subchapter III;
(F) part A of subchapter IV;

Page 1632

(G) part B of subchapter IV; and
(H) subpart 2 of part B of subchapter V.
(12) Current expenditures
The term ‘‘current expenditures’’ means expenditures for free public education—
(A) including expenditures for administration, instruction, attendance and health
services, pupil transportation services, operation and maintenance of plant, fixed
charges, and net expenditures to cover deficits for food services and student body activities; but
(B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under subchapter I.
(13) Department
The term ‘‘Department’’ means the Department of Education.
(14) Distance learning
The term ‘‘distance learning’’ means the
transmission of educational or instructional
programming to geographically dispersed individuals and groups via telecommunications.
(15) Dual or concurrent enrollment program
The term ‘‘dual or concurrent enrollment
program’’ means a program offered by a partnership between at least one institution of
higher education and at least one local educational agency through which a secondary
school student who has not graduated from
high school with a regular high school diploma
is able to enroll in one or more postsecondary
courses and earn postsecondary credit that—
(A) is transferable to the institutions of
higher education in the partnership; and
(B) applies toward completion of a degree
or recognized educational credential as described in the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.).
(16) Early childhood education program
The term ‘‘early childhood education program’’ has the meaning given the term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
(17) Early college high school
The term ‘‘early college high school’’ means
a partnership between at least one local educational agency and at least one institution of
higher education that allows participants to
simultaneously complete requirements toward
earning a regular high school diploma and
earn not less than 12 credits that are transferable to the institutions of higher education in
the partnership as part of an organized course
of study toward a postsecondary degree or credential at no cost to the participant or participant’s family.
(18) 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.
(19) Elementary school
The term ‘‘elementary school’’ means a nonprofit institutional day or residential school,

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TITLE 20—EDUCATION

including a public elementary charter school,
that provides elementary education, as determined under State law.
(20) English learner
The term ‘‘English learner’’, 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 challenging
State academic standards;
(ii) the ability to successfully achieve in
classrooms where the language of instruction is English; or
(iii) the opportunity to participate fully
in society.
(21) Evidence-based
(A) In general
Except as provided in subparagraph (B),
the term ‘‘evidence-based’’, when used with
respect to a State, local educational agency,
or school activity, means an activity, strategy, or intervention that—
(i) demonstrates a statistically significant effect on improving student outcomes
or other relevant outcomes based on—
(I) strong evidence from at least 1 welldesigned and well-implemented experimental study;
(II) moderate evidence from at least 1
well-designed
and
well-implemented
quasi-experimental study; or
(III) promising evidence from at least 1
well-designed and well-implemented correlational study with statistical controls
for selection bias; or
(ii)(I) demonstrates a rationale based on
high-quality research findings or positive
evaluation that such activity, strategy, or
intervention is likely to improve student
outcomes or other relevant outcomes; and
(II) includes ongoing efforts to examine
the effects of such activity, strategy, or
intervention.
(B) Definition for specific activities funded
under this chapter
When used with respect to interventions or
improvement activities or strategies funded

§ 7801

under section 6303 of this title, the term
‘‘evidence-based’’ means a State, local educational agency, or school activity, strategy, or intervention that meets the requirements of subclause (I), (II), or (III) of subparagraph (A)(i).
(22) Expanded learning time
The term ‘‘expanded learning time’’ means
using a longer school day, week, or year schedule to significantly increase the total number
of school hours, in order to include additional
time for—
(A) activities and instruction for enrichment as part of a well-rounded education;
and
(B) instructional and support staff to collaborate, plan, and engage in professional
development (including professional development on family and community engagement) within and across grades and subjects.
(23) Extended-year adjusted cohort graduation
rate
(A) In general
The term ‘‘extended-year adjusted cohort
graduation rate’’ means the fraction—
(i) the denominator of which consists of
the number of students who form the original cohort of entering first-time students
in grade 9 enrolled in the high school no
later than the date by which student membership data must be collected annually by
State educational agencies for submission
to the National Center for Education Statistics under section 9543 of this title, adjusted by—
(I) adding the students who joined that
cohort, after the date of the determination of the original cohort; and
(II) subtracting only those students
who left that cohort, after the date of
the determination of the original cohort,
as described in subparagraph (B); and
(ii) the numerator of which—
(I) consists of the sum of—
(aa) the number of students in the
cohort, as adjusted under clause (i),
who earned a regular high school diploma before, during, or at the conclusion of—
(AA) one or more additional years
beyond the fourth year of high
school; or
(BB) a summer session immediately following the additional year
of high school; and
(bb) all students with the most significant cognitive disabilities in the
cohort, as adjusted under clause (i), assessed using the alternate assessment
aligned to alternate academic achievement
standards
under
section
6311(b)(2)(D) of this title and awarded a
State-defined alternate diploma that
is—
(AA) standards-based;
(BB) aligned with the State requirements for the regular high
school diploma; and

§ 7801

TITLE 20—EDUCATION
(CC) obtained within the time period for which the State ensures the
availability of a free appropriate
public
education
under
section
1412(a)(1) of this title; and

(II) shall not include any student
awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.
(B) Cohort removal
To remove a student from a cohort, a
school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to
confirm that the student has transferred
out, emigrated to another country, or transferred to a prison or juvenile facility, or is
deceased.
(C) Transferred out
For purposes of this paragraph, the term
‘‘transferred out’’ has the meaning given the
term in clauses (i), (ii), and (iii) of paragraph
(25)(C).
(D) Special rules
(i) Schools starting after grade 9
For those high schools that start after
grade 9, the original cohort shall be calculated for the earliest high school grade
students attend no later than the date by
which student membership data is collected annually by State educational agencies for submission to the National Center
for Education Statistics pursuant to section 9543 of this title.
(ii) Very small schools
A State educational agency may calculate the extended year adjusted cohort
graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than
100 students for the purposes of section
6311(c)(4) of this title by—
(I) averaging the extended-year adjusted cohort graduation rate of the
school over a period of three years; or
(II) establishing a minimum number of
students that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by
the Secretary, below which the school
shall be exempt from differentiation and
identification under such section.
(24) 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.

Page 1634

(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.
(25) Four-year adjusted cohort graduation rate
(A) In general
The term ‘‘four-year adjusted cohort graduation rate’’ means the fraction—
(i) the denominator of which consists of
the number of students who form the original cohort of entering first-time students
in grade 9 enrolled in the high school no
later than the date by which student membership data is collected annually by State
educational agencies for submission to the
National Center for Education Statistics
pursuant to section 9543 of this title, adjusted by—
(I) adding the students who joined that
cohort, after the date of the determination of the original cohort; and
(II) subtracting only those students
who left that cohort, after the date of
the determination of the original cohort,
as described in subparagraph (B); and
(ii) the numerator of which—
(I) consists of the sum of—
(aa) the number of students in the
cohort, as adjusted under clause (i),
who earned a regular high school diploma before, during, or at the conclusion of—
(AA) the fourth year of high
school; or
(BB) a summer session immediately following the fourth year of
high school; and
(bb) all students with the most significant cognitive disabilities in the
cohort, as adjusted under clause (i), assessed using the alternate assessment
aligned to alternate academic achievement
standards
under
section
6311(b)(2)(D) of this title and awarded a
State-defined alternate diploma that
is—
(AA) standards-based;
(BB) aligned with the State requirements for the regular high
school diploma; and
(CC) obtained within the time period for which the State ensures the
availability of a free appropriate
public
education
under
section
1412(a)(1) of this title; and
(II) shall not include any student
awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.
(B) Cohort removal
To remove a student from a cohort, a
school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to
confirm that the student has transferred

Page 1635

TITLE 20—EDUCATION

out, emigrated to another country, or transferred to a prison or juvenile facility, or is
deceased.
(C) Transferred out
(i) In general
For purposes of this paragraph, the term
‘‘transferred out’’ means that a student, as
confirmed by the high school or local educational agency in accordance with clause
(ii), has transferred to—
(I) another school from which the student is expected to receive a regular high
school diploma; or
(II) another educational program from
which the student is expected to receive
a regular high school diploma or an alternate diploma that meets the requirements of subparagraph (A)(ii)(I)(bb).
(ii) Confirmation requirements
(I) Documentation required
The confirmation of a student’s transfer to another school or educational program described in clause (i) requires documentation of such transfer from the receiving school or program in which the
student enrolled.
(II) Lack of confirmation
A student who was enrolled in a high
school, but for whom there is no confirmation of the student having transferred out, shall remain in the adjusted
cohort.
(iii) Programs not providing credit
Except as provided in subparagraph
(A)(ii)(I)(bb), a student who is retained in
grade or who is enrolled in a program leading to a general equivalency diploma, or
other alternative educational program
that does not issue or provide credit toward the issuance of a regular high school
diploma, shall not be considered transferred out and shall remain in the adjusted
cohort.
(D) Special rules
(i) Schools starting after grade 9
For those high schools that start after
grade 9, the original cohort shall be calculated for the earliest high school grade
students attend no later than the date by
which student membership data must be
collected annually by State educational
agencies for submission to the National
Center for Education Statistics pursuant
to section 9543 of this title.
(ii) Very small schools
A State educational agency may calculate the four-year adjusted cohort graduation rate described under this paragraph
for a high school with an average enrollment over a 4-year period of less than 100
students for the purposes of section
6311(c)(4) of this title by—
(I) averaging the four-year adjusted cohort graduation rate of the school over a
period of three years; or
(II) establishing a minimum number of
students that must be included in the co-

§ 7801

hort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by
the Secretary, below which the school
shall be exempt from differentiation and
identification under such section.
(26) 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.
(27) 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.
(28) High school
The term ‘‘high school’’ means a secondary
school that—
(A) grants a diploma, as defined by the
State; and
(B) includes, at least, grade 12.
(29) Institution of higher education
The term ‘‘institution of higher education’’
has the meaning given that term in section
1001(a) of this title.
(30) 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) Bureau of Indian Education schools
The term includes an elementary school or
secondary school funded by the Bureau of Indian Education 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 small-

§ 7801

TITLE 20—EDUCATION

er than the student population of the local
educational agency receiving assistance
under this chapter 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 Education.
(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.
(31) 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.
(32) Middle grades
The term middle grades means any of grades
5 through 8.
(33) Multi-tier system of supports
The term ‘‘multi-tier system of supports’’
means a comprehensive continuum of evidence-based, systemic practices to support a
rapid response to students’ needs, with regular
observation to facilitate data-based instructional decisionmaking.
(34) Native American and Native American language
The terms ‘‘Native American’’ and ‘‘Native
American language’’ have the same meaning
given those terms in section 2902 of title 25.
(35) Other staff
The term ‘‘other staff’’ means specialized instructional support personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel.
(36) Outlying area
The term ‘‘outlying area’’—
(A) means American Samoa, the Commonwealth of the Northern Mariana Islands,
Guam, and the United States Virgin Islands;
(B) means the Republic of Palau, to the extent
permitted
under
section
1921d(f)(1)(B)(ix) of title 48 and until an
agreement for the extension of United
States education assistance under the Compact of Free Association becomes effective
for the Republic of Palau; and
(C) for the purpose of any discretionary
grant program under this chapter, includes
the Republic of the Marshall Islands and the
Federated States of Micronesia, to the extent
permitted
under
section
1921d(f)(1)(B)(viii) of title 48.

Page 1636

(37) Paraprofessional
The term ‘‘paraprofessional’’, also known as
a ‘‘paraeducator’’, includes an education assistant and instructional assistant.
(38) 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).
(39) 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; and
(D) the carrying out of other activities,
such as those described in section 6318 of this
title.
(40) Pay for success initiative
The term ‘‘pay for success initiative’’ means
a performance-based grant, contract, or cooperative agreement awarded by a public entity
in which a commitment is made to pay for improved outcomes that result in social benefit
and direct cost savings or cost avoidance to
the public sector. Such an initiative shall include—
(A) a feasibility study on the initiative describing how the proposed intervention is
based on evidence of effectiveness;
(B) a rigorous, third-party evaluation that
uses experimental or quasi-experimental design or other research methodologies that
allow for the strongest possible causal inferences to determine whether the initiative
has met its proposed outcomes;
(C) an annual, publicly available report on
the progress of the initiative; and
(D) a requirement that payments are made
to the recipient of a grant, contract, or cooperative agreement only when agreed upon
outcomes are achieved, except that the entity may make payments to the third party
conducting the evaluation described in subparagraph (B).
(41) 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 9902(2) of title 42) applicable
to a family of the size involved.
(42) Professional development
The term ‘‘professional development’’ means
activities that—
(A) are an integral part of school and local
educational agency strategies for providing

Page 1637

TITLE 20—EDUCATION

educators (including teachers, principals,
other school leaders, specialized instructional support personnel, paraprofessionals,
and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a
well-rounded education and to meet the
challenging State academic standards; and
(B) are sustained (not stand-alone, 1-day,
or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities
that—
(i) improve and increase teachers’—
(I) knowledge of the academic subjects
the teachers teach;
(II) understanding of how students
learn; and
(III) ability to analyze student work
and achievement from multiple sources,
including how to adjust instructional
strategies, assessments, and materials
based on such analysis;
(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
(iii) allow personalized plans for each educator to address the educator’s specific
needs identified in observation or other
feedback;
(iv) improve classroom management
skills;
(v) support the recruitment, hiring, and
training of effective teachers, including
teachers who became certified through
State and local alternative routes to certification;
(vi) advance teacher understanding of—
(I) effective instructional strategies
that are evidence-based; and
(II) strategies for improving student
academic achievement or substantially
increasing the knowledge and teaching
skills of teachers;
(vii) are aligned with, and directly related to, academic goals of the school or
local educational agency;
(viii) are developed with extensive participation of teachers, principals, other
school leaders, parents, representatives of
Indian tribes (as applicable), and administrators of schools to be served under this
chapter;
(ix) are designed to give teachers of
English learners, 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;
(x) to the extent appropriate, provide
training for teachers, principals, and other
school leaders in the use of technology (including education about the harms of
copyright piracy), so that technology and
technology applications are effectively
used in the classroom to improve teaching
and learning in the curricula and academic
subjects in which the teachers teach;

§ 7801

(xi) 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;
(xii) are designed to give teachers of
children with disabilities or children with
developmental delays, and other teachers
and instructional staff, the knowledge and
skills to provide instruction and academic
support services, to those children, including positive behavioral interventions and
supports, multi-tier system of supports,
and use of accommodations;
(xiii) include instruction in the use of
data and assessments to inform and instruct classroom practice;
(xiv) include instruction in ways that
teachers, principals, other school leaders,
specialized instructional support personnel, and school administrators may
work more effectively with parents and
families;
(xv) involve the forming of partnerships
with institutions of higher education, including, as applicable, Tribal Colleges and
Universities as defined in section 316(b) of
the Higher Education Act of 1965 (20 U.S.C.
1059c(b)), to establish school-based teacher,
principal, and other school leader training
programs that provide prospective teachers, novice teachers, principals, and other
school leaders with an opportunity to
work under the guidance of experienced
teachers, principals, other school leaders,
and faculty of such institutions;
(xvi) create programs to enable paraprofessionals (assisting teachers employed
by a local educational agency receiving assistance under part A of subchapter I) to
obtain the education necessary for those
paraprofessionals to become certified and
licensed teachers;
(xvii) provide follow-up training to
teachers who have participated in activities described in this paragraph that are
designed to ensure that the knowledge and
skills learned by the teachers are implemented in the classroom; and
(xviii) where practicable, provide jointly
for school staff and other early childhood
education program providers, to address
the transition to elementary school, including issues related to school readiness.
(43) Regular high school diploma
The term ‘‘regular high school diploma’’—
(A) means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with
State standards, or a higher diploma, except
that a regular high school diploma shall not
be aligned to the alternate academic
achievement standards described in section
6311(b)(1)(E) of this title; and
(B) does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion,
certificate of attendance, or similar lesser
credential.

§ 7801

TITLE 20—EDUCATION

(44) School leader
The term ‘‘school leader’’ means a principal,
assistant principal, or other individual who
is—
(A) an employee or officer of an elementary school or secondary school, local educational agency, or other entity operating
an elementary school or secondary school;
and
(B) responsible for the daily instructional
leadership and managerial operations in the
elementary school or secondary school
building.
(45) 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.
(46) Secretary
The term ‘‘Secretary’’ means the Secretary
of Education.
(47) Specialized instructional support personnel; specialized instructional support
services
(A) Specialized instructional support personnel
The term ‘‘specialized instructional support personnel’’ means—
(i) school counselors, school social workers, and school psychologists; and
(ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians,
involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 1401 of this title) as part of
a comprehensive program to meet student
needs.
(B) Specialized instructional support services
The term ‘‘specialized instructional support services’’ means the services provided
by specialized instructional support personnel.
(48) 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.
(49) State educational agency
The term ‘‘State educational agency’’ means
the agency primarily responsible for the State
supervision of public elementary schools and
secondary schools.
(50) Technology
The term ‘‘technology’’ means modern information, computer and communication technology products, services, or tools, including,
the Internet and other communications networks, computer devices and other computer
and communications hardware, software appli-

Page 1638

cations, data systems, and other electronic
content (including multimedia content) and
data storage.
(51) Universal design for learning
The term ‘‘universal design for learning’’
has the meaning given the term in section 103
of the Higher Education Act of 1965 (20 U.S.C.
1003).
(52) Well-rounded education
The term ‘‘well-rounded education’’ means
courses, activities, and programming in subjects such as English, reading or language
arts, writing, science, technology, engineering, mathematics, foreign languages, civics
and government, economics, arts, history, geography, computer science, music, career and
technical education, health, physical education, and any other subject, as determined
by the State or local educational agency, with
the purpose of providing all students access to
an enriched curriculum and educational experience.
(Pub. L. 89–10, title VIII, § 8101, formerly title IX,
§ 9101, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1956; renumbered title VIII,
§ 8101, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(1), (b)(2), (3), 8002, Dec. 10, 2015, 129 Stat.
2088, 2089.)
Editorial Notes
REFERENCES IN TEXT
The Higher Education Act of 1965, referred to in par.
(15)(B), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219,
which is classified generally to chapter 28 (§ 1001 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
1001 of this title and Tables.
PRIOR PROVISIONS
A prior section 7801, Pub. L. 89–10, title IX, § 9101, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3773, set forth findings regarding Indian education,
prior to the general amendment of former subchapter
IX of this chapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 8002(19), struck out undesignated par. following par. (47) which defined ‘‘State’’.
Pars. (3) to (6). Pub. L. 114–95, § 8002(1), (2), redesignated pars. (4) to (7) as (3) to (6), respectively, and
struck out former par. (3) which defined ‘‘beginning
teacher’’.
Pars. (7), (8). Pub. L. 114–95, § 8002(2), redesignated
pars. (8) and (9) as (7) and (8), respectively. Former par.
(7) redesignated (6).
Pub. L. 114–95, § 8001(b)(2), made technical amendment
to reference in original act which appears in text as
reference to section 7845 of this title.
Pars. (9), (10). Pub. L. 114–95, § 8002(2), redesignated
pars. (10) and (12) as (9) and (10), respectively. Former
par. (9) redesignated (8).
Pub. L. 114–95, § 8001(b)(3), made technical amendment
to reference in original act which appears in text as
reference to section 7842 of this title.
Par. (11). Pub. L. 114–95, § 8002(3), added par. (11) and
struck out former par. (11) which defined ‘‘covered program’’.
Pub. L. 114–95, § 8002(1), (2), redesignated par. (13) as
(11) and struck out former par. (11) which defined ‘‘core
academic subjects’’.
Par. (12). Pub. L. 114–95, § 8002(3), added par. (12) and
struck out former par. (12) which defined ‘‘current expenditures’’.

Page 1639

TITLE 20—EDUCATION

Pub. L. 114–95, § 8002(2), redesignated par. (14) as (12).
Former par. (12) redesignated (10).
Pars. (13), (14). Pub. L. 114–95, § 8002(2), redesignated
pars. (15) and (16) as (13) and (14), respectively. Former
pars. (13) and (14) redesignated (11) and (12), respectively.
Pars. (15) to (17). Pub. L. 114–95, § 8002(4), added pars.
(15) to (17). Former pars. (15), (16), and (17) redesignated
(13), (14), and (18), respectively.
Par. (18). Pub. L. 114–95, § 8002(2), redesignated par.
(17) as (18). Former par. (18) redesignated (19).
Par. (19). Pub. L. 114–95, § 8002(1), (2), redesignated par.
(18) as (19) and struck out former par. (19) which defined
‘‘exemplary teacher’’.
Par. (20). Pub. L. 114–95, § 8002(5)(A), (B), substituted
‘‘English learner’’ for ‘‘Limited English proficient’’ in
heading and ‘‘English learner’’ for ‘‘limited English
proficient’’ in introductory provisions.
Pub. L. 114–95, § 8002(2), redesignated par. (25) as (20).
Former par. (20) redesignated (24).
Par. (20)(D)(i). Pub. L. 114–95, § 8002(5)(C), substituted
‘‘challenging State academic standards’’ for ‘‘State’s
proficient level of achievement on State assessments
described in section 6311(b)(3) of this title’’.
Pars. (21), (22). Pub. L. 114–95, § 8002(6), added pars. (21)
and (22). Former pars. (21) and (22) redesignated (26) and
(27), respectively.
Par. (23). Pub. L. 114–95, § 8002(1), (6), added par. (23)
and struck out former par. (23) which defined ‘‘highly
qualified’’.
Par. (24). Pub. L. 114–95, § 8002(2), redesignated par.
(20) as (24). Former par. (24) redesignated (29).
Par. (25). Pub. L. 114–95, § 8002(7), added par. (25).
Former par. (25) redesignated (20).
Pars. (26), (27). Pub. L. 114–95, § 8002(2), redesignated
pars. (21) and (22) as (26) and (27), respectively. Former
pars. (26) and (27) redesignated (30) and (31), respectively.
Par. (28). Pub. L. 114–95, § 8002(8), added par. (28).
Former par. (28) redesignated (34).
Par. (29). Pub. L. 114–95, § 8002(2), redesignated par.
(24) as (29). Former par. (29) redesignated (35).
Par. (30). Pub. L. 114–95, § 8002(2), (9), redesignated par.
(26) as (30) and, in subpar. (C), substituted ‘‘Bureau of
Indian Education schools’’ for ‘‘BIA schools’’ in heading and ‘‘Indian Education’’ for ‘‘Indian Affairs’’ in two
places in text. Former par. (30) redesignated (36).
Par. (31). Pub. L. 114–95, § 8002(2), redesignated par.
(27) as (31). Former par. (31) redesignated (38).
Pars. (32), (33). Pub. L. 114–95, § 8002(10), added pars.
(32) and (33). Former pars. (32) and (33) redesignated (39)
and (41), respectively.
Par. (34). Pub. L. 114–95, § 8002(2), redesignated par.
(28) as (34). Former par. (34) redesignated (42).
Par. (35). Pub. L. 114–95, § 8002(1), (2), (11), redesignated
par. (29) as (35), substituted ‘‘specialized instructional
support’’ for ‘‘pupil services’’, and struck out former
par. (35) which defined ‘‘public telecommunications entity’’.
Par. (36). Pub. L. 114–95, § 8002(12), added par. (36) and
struck out former par. (36) which defined ‘‘outlying
area’’.
Pub. L. 114–95, § 8002(1), (2), redesignated par. (30) as
(36) and struck out former par. (36) which defined
‘‘pupil services personnel’’ and ‘‘pupil services’’.
Par. (37). Pub. L. 114–95, § 8002(1), (13), added par. (37)
and struck out former par. (37) which defined ‘‘scientifically based research’’.
Par. (38). Pub. L. 114–95, § 8002(2), redesignated par.
(31) as (38). Former par. (38) redesignated (45).
Par. (39). Pub. L. 114–95, § 8002(2), (14), redesignated
par. (32) as (39), inserted ‘‘and’’ after semicolon at end
of subpar. (C), and made technical amendment to reference in original act which appears in subpar. (D) as
reference to section 6318 of this title. Former par. (39)
redesignated (46).
Par. (40). Pub. L. 114–95, § 8002(15), added par. (40).
Par. (41). Pub. L. 114–95, § 8002(2), redesignated par.
(33) as (41). Former par. (41) redesignated (49).
Par. (42). Pub. L. 114–95, § 8002(16), added par. (42) and
struck out former par. (42) which defined ‘‘professional
development’’.

§ 7802

Pub. L. 114–95, § 8002(1), (2), redesignated par. (34) as
(42) and struck out former par. (42) which defined
‘‘teacher mentoring’’.
Pars. (43), (44). Pub. L. 114–95, § 8002(17), added pars.
(43) and (44). Former par. (43) redesignated (50).
Pars. (45), (46). Pub. L. 114–95, § 8002(2), redesignated
pars. (38) and (39) as (45) and (46), respectively.
Par. (47). Pub. L. 114–95, § 8002(18), added par. (47).
Par. (48). Pub. L. 114–95, § 8002(19), added par. (48).
Par. (49). Pub. L. 114–95, § 8002(2), redesignated par.
(41) as (49).
Par. (50). Pub. L. 114–95, § 8002(20), added par. (50) and
struck out former par. (50) which defined ‘‘technology’’.
Pub. L. 114–95, § 8002(2), redesignated par. (43) as (50).
Pars. (51), (52). Pub. L. 114–95, § 8002(21), added pars.
(51) and (52).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
HIGHLY QUALIFIED TEACHER
Pub. L. 111–242, § 163, as added by Pub. L. 111–322, title
I, § 1(a)(2), Dec. 22, 2010, 124 Stat. 3521; amended by Pub.
L. 112–175, § 145, Sept. 28, 2012, 126 Stat. 1322; Pub. L.
113–46, div. A, § 144, Oct. 17, 2013, 127 Stat. 565; Pub. L.
114–53, div. B, § 140, Sept. 30, 2015, 129 Stat. 510, renumbered div. B, Pub. L. 114–113, § 8(3), Dec. 18, 2015, 129
Stat. 2245, provided that:
‘‘(a) A ‘highly qualified teacher’ includes a teacher
who meets the requirements in 34 CFR 200.56(a)(2)(ii),
as published in the Federal Register on December 2,
2002.
‘‘(b) This provision is effective on the date of enactment of this provision [Dec. 22, 2010] through the end of
the 2016–2017 academic year.
‘‘(c) Not later than December 31, 2013, the Secretary
of Education shall submit a report to the Committees
on Appropriations and Health, Education, Labor, and
Pensions of the Senate and the Committees on Appropriations and Education and the Workforce of the
House of Representatives, using data required under existing law (section 1111(h)(6)(A) of Public Law 107–110
[probably meant section 1111(h)(6)(A) of Pub. L. 89–10,
as added by Pub. L. 107–110; former 20 U.S.C.
6311(h)(6)(A)]) by State and each local educational
agency, regarding the extent to which students in the
following categories are taught by teachers who are
deemed highly qualified pursuant to 34 CFR
200.56(a)(2)(ii) as published in the Federal Register on
December 2, 2002:
‘‘(1) Students with disabilities.
‘‘(2) English Learners.
‘‘(3) Students in rural areas.
‘‘(4) Students from low-income families.’’

§ 7802. Applicability of subchapter
Parts B, C, D, E, and F of this subchapter do
not apply to subchapter VII of this chapter.
(Pub. L. 89–10, title VIII, § 8102, formerly title IX,
§ 9102, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1966; renumbered title VIII,
§ 8102, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(1), 8003, Dec. 10, 2015, 129 Stat. 2088, 2089,
2099.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7802, Pub. L. 89–10, title IX, § 9102, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

TITLE 20—EDUCATION

§ 7803

3774, set out purpose of provisions relating to Indian
education, prior to the general amendment of former
subchapter IX of this chapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 8003, substituted ‘‘Parts B, C, D,
E, and F of this subchapter do not apply to subchapter
VII’’ for ‘‘Parts B, C, D, and E of this subchapter do not
apply to subchapter VIII’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7803. Applicability to Bureau of Indian Education operated schools
For the purpose of any competitive program
under this chapter—
(1) a consortium of schools operated by the
Bureau of Indian Education;
(2) a school operated under a contract or
grant with the Bureau of Indian Education in
consortium with another contract or grant
school or a tribal or community organization;
or
(3) a Bureau of Indian Education 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.
(Pub. L. 89–10, title VIII, § 8103, formerly title IX,
§ 9103, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1966; renumbered title VIII,
§ 8103, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(1), 8004, Dec. 10, 2015, 129 Stat. 2088, 2089,
2100.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 7811 to 7818 were omitted in the general
amendment of former subchapter IX of this chapter by
Pub. L. 107–110.
Section 7811, Pub. L. 89–10, title IX, § 9111, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3774,
set forth purpose of provisions relating to formula
grants to local educational agencies.
Section 7812, Pub. L. 89–10, title IX, § 9112, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3774;
amended Pub. L. 104–5, § 1, Mar. 23, 1995, 109 Stat. 72, related to grants to local educational agencies.
Section 7813, Pub. L. 89–10, title IX, § 9113, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3775,
related to amount of grants.
Section 7814, Pub. L. 89–10, title IX, § 9114, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3776,
related to applications for grants.
Section 7815, Pub. L. 89–10, title IX, § 9115, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3778;
amended Pub. L. 105–332, § 3(c)(2), Oct. 31, 1998, 112 Stat.
3125, related to authorized services and activities.
Section 7816, Pub. L. 89–10, title IX, § 9116, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3779,
related to student eligibility forms.
Section 7817, Pub. L. 89–10, title IX, § 9117, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3781,
related to payments.
Section 7818, Pub. L. 89–10, title IX, § 9118, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3782,
related to State educational agency review.

Page 1640
AMENDMENTS

2015—Pub. L. 114–95, § 8004, substituted ‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian Affairs’’ in section catchline and wherever appearing in text.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PART B—FLEXIBILITY IN THE USE OF
ADMINISTRATIVE AND OTHER FUNDS
§ 7821. 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 nonFederal sources.
(2) Applicability
This section applies to any program under
this chapter 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 chapter;
(C) the administration of this subchapter;
(D) the dissemination of information regarding model programs and practices;
(E) technical assistance under any program under this chapter;
(F) State-level activities designed to carry
out this subchapter;
(G) training personnel engaged in audit
and other monitoring activities;
(H) implementation of the Cooperative
Audit Resolution and Oversight Initiative of
the Department; and
(I) implementation of fiscal support teams
that provide technical fiscal support assistance, which shall include evaluating fiscal,
administrative, and staffing functions, and
any other key operational function.

Page 1641

TITLE 20—EDUCATION

(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 subchapter I.
(Pub. L. 89–10, title VIII, § 8201, formerly title IX,
§ 9201, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1966; renumbered title VIII,
§ 8201, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(2), 8005, Dec. 10, 2015, 129 Stat. 2088, 2089,
2100.)
Editorial Notes
AMENDMENTS
2015—Subsec. (b)(2)(I). Pub. L. 114–95, § 8005, added subpar. (I).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7822. Single local educational agency States
A State educational agency that also serves as
a local educational agency shall, in its applications or plans under this chapter, describe how
the agency will eliminate duplication in conducting administrative functions.
(Pub. L. 89–10, title VIII, § 8202, formerly title IX,
§ 9202, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1967; renumbered title VIII,
§ 8202, Pub. L. 114–95, title VIII, § 8001(a)(2), Dec.
10, 2015, 129 Stat. 2088, 2089.)
§ 7823. Consolidation of funds for local administration
(a) General authority
In accordance with regulations of the Secretary and for any fiscal year, a local edu-

§ 7823

cational agency, with the approval of its State
educational agency, may consolidate and use for
the administration of one or more programs
under this chapter (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
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
(1) In general
A local educational agency that consolidates
administrative funds under this section 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 7821(b)(2) of this
title.
(2) Fiscal support teams
A local educational agency that uses funds
as described in section 7821(b)(2)(I) of this title
may contribute State or local funds to expand
the reach of such support without violating
any supplement, not supplant requirement of
any program contributing administrative
funds.
(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.
(Pub. L. 89–10, title VIII, § 8203, formerly title IX,
§ 9203, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1967; renumbered title VIII,
§ 8203, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(2), 8006, Dec. 10, 2015, 129 Stat. 2088, 2089,
2100.)
Editorial Notes
AMENDMENTS
2015—Subsec. (b). Pub. L. 114–95, § 8006(1), substituted
‘‘A State’’ for ‘‘Within 1 year after January 8, 2002, a
State’’.
Subsec. (d). Pub. L. 114–95, § 8006(2), added subsec. (d)
and struck out former subsec. (d). Prior to amendment,
text read as follows: ‘‘A local educational agency that
consolidates administrative funds under this section
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
7821(b)(2) of this title.’’

§ 7824

TITLE 20—EDUCATION
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT

Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7824. Consolidated set-aside for Department of
the Interior funds
(a) General authority
(1) Transfer
The Secretary shall transfer to the Department of the Interior, as a consolidated amount
for covered programs, the Indian education
programs under part A of subchapter VI, and
the education for homeless children and youth
program under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act [42
U.S.C. 11431 et seq.], 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
program 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.
(c) Accountability system
(1) For the purposes of part A of subchapter I,
the Secretary of Interior, in consultation with
the Secretary, if the Secretary of the Interior
requests the consultation, using a negotiated
rulemaking process to develop regulations for
implementation no later than the 2017-2018 academic year, shall define the standards, assessments, and accountability system consistent
with section 6311 of this title, for the schools
funded by the Bureau of Indian Education on a
national, regional, or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the
students served by such schools.
(2) 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 requirements established pursuant to paragraph (1)
where such requirements are determined by
such body or school board to be inappropriate. If

Page 1642

such requirements are waived, the tribal governing body or school board shall, within 60
days, submit to the Secretary of Interior a proposal for alternative standards, assessments,
and an accountability system, if applicable, consistent with section 6311 of this title, that takes
into account the unique circumstances and
needs of such school or schools and the students
served. The Secretary of the Interior and the
Secretary shall approve such standards, assessments, and accountability system unless the
Secretary determines that the standards, assessments, and accountability system do not meet
the requirements of section 6311 of this title,
taking into account the unique circumstances
and needs of such school or schools and the students served.
(3) TECHNICAL ASSISTANCE.—The Secretary of
Interior and the Secretary shall, 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 a waiver under paragraph (2).
(Pub. L. 89–10, title VIII, § 8204, formerly title IX,
§ 9204, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1968; renumbered title VIII,
§ 8204, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(2), 8007, Dec. 10, 2015, 129 Stat. 2088, 2089,
2100.)
Editorial Notes
REFERENCES IN TEXT
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(1), is Pub. L. 100–77, July 22, 1987,
101 Stat. 482, as amended. Subtitle B of title VII of the
Act is classified generally to part B (§ 11431 et seq.) of
subchapter VI of chapter 119 of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables.
AMENDMENTS
2015—Subsec. (a)(1). Pub. L. 114–95, § 8007(1)(A), substituted ‘‘part A of subchapter VI’’ for ‘‘part A of subchapter VII’’.
Subsec. (a)(2)(B). Pub. L. 114–95, § 8007(1)(B), added
subpar. (B) and struck out former subpar. (B). Prior to
amendment, text read as follows: ‘‘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.’’
Subsec. (c). Pub. L. 114–95, § 8007(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7825. Department staff
The Secretary shall—
(1) not later than 60 days after December 10,
2015, identify the number of Department fulltime equivalent employees who worked on or

Page 1643

TITLE 20—EDUCATION

administered each education program or
project authorized under this chapter, as such
program or project was in effect on the day before December 10, 2015, and publish such information on the Department’s website;
(2) not later than 60 days after December 10,
2015, identify the number of full-time equivalent employees who worked on or administered each program or project authorized
under this chapter, as such program or project
was in effect on the day before December 10,
2015, that has been eliminated or consolidated
since December 10, 2015;
(3) not later than 1 year after December 10,
2015, reduce the workforce of the Department
by the number of full-time equivalent employees the Department identified under paragraph
(2); and
(4) not later than 1 year after December 10,
2015, report to Congress on—
(A) the number of full-time equivalent employees associated with each program or
project authorized under this chapter and
administered by the Department;
(B) the number of full-time equivalent employees who were determined to be associated with eliminated or consolidated programs or projects described in paragraph (2);
(C) how the Secretary has reduced the
number of full-time equivalent employees as
described in paragraph (3);
(D) the average salary of the full-time
equivalent employees described in subparagraph (B) whose positions were eliminated;
and
(E) the average salary of the full-time
equivalent employees who work on or administer a program or project authorized by
the
Department
under
this
chapter,
disaggregated by employee function within
each such program or project.
(Pub. L. 89–10, title VIII, § 8205, as added Pub. L.
114–95, title VIII, § 8008, Dec. 10, 2015, 129 Stat.
2101.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 7831 to 7835 were omitted in the general
amendment of former subchapter IX of this chapter by
Pub. L. 107–110.
Section 7831, Pub. L. 89–10, title IX, § 9121, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3782,
related to improvement of educational opportunities
for Indian children.
Section 7832, Pub. L. 89–10, title IX, § 9122, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3784,
related to professional development.
Section 7833, Pub. L. 89–10, title IX, § 9123, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3786,
authorized fellowships for Indian students.
Section 7834, Pub. L. 89–10, title IX, § 9124, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3787;
amended Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998,
112 Stat. 1828, related to gifted and talented Indian students.
Section 7835, Pub. L. 89–10, title IX, § 9125, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3789,
related to grants to tribes for education administrative
planning and development.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive pro-

§ 7842

grams, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND APPLICATIONS

§ 7841. 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 chapter with State and local programs.
(Pub. L. 89–10, title VIII, § 8301, formerly title IX,
§ 9301, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1968; renumbered title VIII,
§ 8301, Pub. L. 114–95, title VIII, § 8001(a)(3), Dec.
10, 2015, 129 Stat. 2088, 2089.)
§ 7842. Optional consolidated State plans or applications
(a) General authority
(1) Simplification
In order to simplify application requirements and reduce the burden for State educational agencies under this chapter, the Secretary, in accordance with subsection (b),
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 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 chapter to which
this section applies, the descriptions, informa-

TITLE 20—EDUCATION

§ 7843

tion, 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.
(Pub. L. 89–10, title VIII, § 8302, formerly title IX,
§ 9302, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1968; renumbered title VIII,
§ 8302, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(3), 8009, Dec. 10, 2015, 129 Stat. 2088, 2089,
2102.)
Editorial Notes
AMENDMENTS
2015—Subsec. (b)(1). Pub. L. 114–95, § 8009, struck out
‘‘nonprofit’’ after ‘‘public and private’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7843. Consolidated reporting
(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.
(Pub. L. 89–10, title VIII, § 8303, formerly title IX,
§ 9303, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1969; renumbered title VIII,
§ 8303, Pub. L. 114–95, title VIII, § 8001(a)(3), Dec.
10, 2015, 129 Stat. 2088, 2089.)
§ 7844. General applicability of State educational
agency assurances
(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 chapter, whether separately or under section 7842 of this title, shall
have on file with the Secretary a single set of

Page 1644

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 1 eligible 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, eligible 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 [20 U.S.C. 1232d] shall not apply to programs under this chapter.
(Pub. L. 89–10, title VIII, § 8304, formerly title IX,
§ 9304, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1969; renumbered title VIII,
§ 8304, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(3), (b)(3), 8010, Dec. 10, 2015, 129 Stat.
2088, 2089, 2102.)
1 So

in original. Probably should be ‘‘an’’.

Page 1645

TITLE 20—EDUCATION
Editorial Notes
AMENDMENTS

2015—Subsec. (a). Pub. L. 114–95, § 8001(b)(3), made
technical amendment to reference in original act which
appears in introductory provisions as reference to section 7842 of this title.
Subsec. (a)(2). Pub. L. 114–95, § 8010, substituted ‘‘eligible’’ for ‘‘nonprofit’’ in subpars. (A) and (B).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7845. 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.
(b) Required consolidated plans or applications
A State educational agency that has an approved consolidated State plan or application
under section 7842 of this title 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.
(e) Rural consolidated plan
(1) In general
Two or more eligible local educational agencies, a consortium of eligible local educational
service agencies, or an educational service
agency on behalf of eligible local educational
agencies may submit plans or applications for
1 or more covered programs to the State educational agency on a consolidated basis, if
each eligible local educational agency impacted elects to participate in the joint application or elects to allow the educational service agency to apply on its behalf.

§ 7846

(2) Eligible local educational agency
For the purposes of this subsection, the term
‘‘eligible local educational agency’’ means a
local educational agency that is an eligible
local educational agency under part B of subchapter V.
(Pub. L. 89–10, title VIII, § 8305, formerly title IX,
§ 9305, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1970; renumbered title VIII,
§ 8305, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(3), (b)(3), 8011, Dec. 10, 2015, 129 Stat.
2088, 2089, 2102.)
Editorial Notes
AMENDMENTS
2015—Subsec. (b). Pub. L. 114–95, § 8001(b)(3), made
technical amendment to reference in original act which
appears in text as reference to section 7842 of this title.
Subsec. (e). Pub. L. 114–95, § 8011, added subsec. (e).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7846. Other general assurances
(a) Assurances
Any applicant, other than a State educational
agency that submits a plan or application under
this chapter, 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 1 eligible private agency, institution, organization, or Indian tribe, if the law
authorizing the program provides for assistance to those entities; and
(B) the public agency, eligible 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
1 So

in original. Probably should be ‘‘an’’.

TITLE 20—EDUCATION

§ 7861

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 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 [20 U.S.C. 1232e] shall not apply to programs under this chapter.
(Pub. L. 89–10, title VIII, § 8306, formerly title IX,
§ 9306, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1971; renumbered title VIII,
§ 8306, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(3), (b)(2), 8012, Dec. 10, 2015, 129 Stat.
2088, 2089, 2102.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7851, Pub. L. 89–10, title IX, § 9131, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3790, which related to improvement of educational opportunities for adult Indians, was omitted in the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 8012(1), struck out
‘‘whether separately or pursuant to section 7845 of this
title,’’ before ‘‘shall have on file’’ in introductory provisions.
Pub. L. 114–95, § 8001(b)(2), made technical amendment
to reference in original act which appears in introductory provisions as reference to section 7845 of this title.
Subsec. (a)(2). Pub. L. 114–95, § 8012(2), substituted ‘‘eligible’’ for ‘‘nonprofit’’ in subpars. (A) and (B).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PART D—WAIVERS
§ 7861. Waivers of statutory and regulatory requirements
(a) In general
(1) Request for waiver by State or Indian tribe
A State educational agency or Indian tribe
that receives funds under a program author-

Page 1646

ized under this chapter may submit a request
to the Secretary to waive any statutory or
regulatory requirement of this chapter.
(2) Local educational agency and school requests submitted through the State
(A) Request for waiver by local educational
agency
A local educational agency that receives
funds under a program authorized under this
chapter and desires a waiver of any statutory or regulatory requirement of this chapter shall submit a request containing the information described in subsection (b)(1) to
the appropriate State educational agency.
The State educational agency may then submit the request to the Secretary if the State
educational agency determines the waiver
appropriate.
(B) Request for waiver by school
An elementary school or secondary school
that desires a waiver of any statutory or
regulatory requirement of this chapter shall
submit a request containing the information
described in subsection (b)(1) to the local
educational agency serving the school. The
local educational agency may then submit
the request to the State educational agency
in accordance with subparagraph (A) if the
local educational agency determines the
waiver appropriate.
(3) Receipt of waiver
Except as provided in subsection (b)(4) or (c),
the Secretary may waive any statutory or regulatory requirement of this chapter for which
a waiver request is submitted to the Secretary
pursuant to this subsection.
(b) Request for waiver
(1) In general
A State educational agency, acting on its
own behalf or on behalf of a local educational
agency in accordance with subsection (a)(2), or
Indian tribe that desires a waiver shall submit
a waiver request to the Secretary, which shall
include a plan that—
(A) identifies the Federal programs affected by the requested waiver;
(B) describes which Federal statutory or
regulatory requirements are to be waived;
(C) describes how the waiving of such requirements will advance student academic
achievement;
(D) describes the methods the State educational agency, local educational agency,
school, or Indian tribe will use to monitor
and regularly evaluate the effectiveness of
the implementation of the plan;
(E) includes only information directly related to the waiver request; and
(F) describes how schools will continue to
provide assistance to the same populations
served by programs for which waivers are requested and, if the waiver relates to provisions of subsections (b) or (h) of section 6311
of this title, describes how the State educational agency, local educational agency,
school, or Indian tribe will maintain or improve transparency in reporting to parents
and the public on student achievement and

Page 1647

TITLE 20—EDUCATION

school performance, including the achievement of the subgroups of students identified
in section 6311(b)(2)(B)(xi) of this title.
(2) Additional information
Such requests—
(A) may provide for waivers of requirements applicable to State educational agencies, local educational agencies, Indian
tribes, and schools; and
(B) shall be developed and submitted—
(i)(I) by local educational agencies (on
behalf of those agencies and schools) to
State educational agencies; and
(II) by State educational agencies (on behalf of those agencies or on behalf of, and
based on the requests of, local educational
agencies in the State) 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, or on behalf of local educational
agencies in the State under subsection (a)(2),
the State educational agency shall—
(i) provide the public and any interested
local educational agency in the State with
notice and a reasonable opportunity to
comment and provide input on the request,
to the extent that the request impacts the
local educational agency;
(ii) submit the comments and input to
the Secretary, with a description of how
the State addressed the comments and
input; and
(iii) provide notice and a reasonable time
to comment to the public and local educational agencies in the manner in which
the applying agency customarily provides
similar notice and opportunity to comment 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 chapter—
(i) the request shall be reviewed and approved by the State educational agency in
accordance with subsection (a)(2) before
being submitted to the Secretary and be
accompanied by the comments, if any, of
the State educational agency and the public; and
(ii) notice and a reasonable opportunity
to comment regarding the waiver request
shall be provided to the State educational
agency and the public by the agency requesting the waiver in the manner in
which that agency customarily provides
similar notice and opportunity to comment to the public.
(4) Waiver determination, demonstration, and
revision
(A) In general
The Secretary shall issue a written determination regarding the initial approval or
disapproval of a waiver request not more
than 120 days after the date on which such

§ 7861

request is submitted. Initial disapproval of
such request shall be based on the determination of the Secretary that—
(i) the waiver request does not meet the
requirements of this section;
(ii) the waiver is not permitted under
subsection (c);
(iii) the description required under paragraph (1)(C) in the plan provides insufficient information to demonstrate that the
waiving of such requirements will advance
student academic achievement consistent
with the purposes of this chapter; or
(iv) the waiver request does not provide
for adequate evaluation to ensure review
and continuous improvement of the plan.
(B) Waiver determination and revision
Upon the initial determination of disapproval under subparagraph (A), the Secretary shall—
(i) immediately—
(I) notify the State educational agency, local educational agency (through
the State educational agency), school
(through the local educational agency),
or Indian tribe, as applicable, of such determination; and
(II) provide detailed reasons for such
determination in writing to the applicable entity under subclause (I) to the public, such as posting in a clear and easily
accessible format to the Department’s
website;
(ii) offer the State educational agency,
local educational agency (through the
State educational agency), school (through
the local educational agency), or Indian
tribe an opportunity to revise and resubmit the waiver request by a date that is
not more than 60 days after the date of
such determination; and
(iii) if the Secretary determines that the
resubmission under clause (ii) does not
meet the requirements of this section, at
the request of the State educational agency, local educational agency, school, or Indian tribe, conduct a hearing not more
than 30 days after the date of such resubmission.
(C) Waiver disapproval
The Secretary may ultimately disapprove
a waiver request if—
(i) the State educational agency, local
educational agency, school, or Indian tribe
has been notified and offered an opportunity to revise and resubmit the waiver
request, as described under clauses (i) and
(ii) of subparagraph (B); and
(ii) the State educational agency, local
educational agency (through the State
educational agency), school (through the
local educational agency), or Indian
tribe—
(I) does not revise and resubmit the
waiver request; or
(II) revises and resubmits the waiver
request, and the Secretary determines
that such waiver request does not meet
the requirements of this section after a

§ 7861

TITLE 20—EDUCATION

hearing conducted under subparagraph
(B)(iii), if such a hearing is requested.
(D) External conditions
The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request.
(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, Indian
tribes, or other recipients of funds under this
chapter;
(2) maintenance of effort;
(3) comparability of services;
(4) use of Federal funds to supplement, not
supplant, non-Federal funds;
(5) equitable participation of private school
students and teachers;
(6) parental participation and involvement;
(7) applicable civil rights requirements;
(8) the requirement for a charter school
under part C of subchapter IV;
(9) the prohibitions—
(A) in subpart 2 of part F;
(B) regarding use of funds for religious
worship or instruction in section 7885 of this
title; and
(C) regarding activities in section 7906 of
this title; or
(10) the selection of a school attendance area
or school under subsections (a) and (b) of section 6313 of this title, except that the Secretary may grant a waiver to allow a school
attendance area or school to participate in activities under part A of subchapter I if the percentage of children from low-income families
in 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 6313 of this title.
(d) Duration and extension of waiver; limitations
(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 State demonstrates 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.
(3) Specific limitations
The Secretary shall not require a State educational agency, local educational agency,
school, or Indian tribe, as a condition of approval of a waiver request, to—
(A) include in, or delete from, such request, specific academic standards, such as

Page 1648

the Common Core State Standards developed
under the Common Core State Standards
Initiative or any other standards common to
a significant number of States;
(B) use specific academic assessment instruments or items, including assessments
aligned to the standards described in subparagraph (A); or
(C) include in, or delete from, such waiver
request any specific elements of—
(i) State academic standards;
(ii) academic assessments;
(iii) State accountability systems; or
(iv) teacher and school leader evaluation
systems.
(e) Reports
A State educational agency, local educational
agency, school, or Indian tribe receiving a waiver under this section shall describe, as part of,
and pursuant to, the required annual reporting
under section 6311(h) of this title—
(1) the progress of schools covered under the
provisions of such waiver toward improving
student academic achievement; and
(2) how the use of the waiver has contributed
to such progress.
(f) Termination of waivers
The Secretary shall terminate a waiver under
this section if, after notice and an opportunity
for a hearing, the Secretary—
(A) presents a rationale and supporting information that clearly demonstrates that the
waiver is not contributing to the progress of
schools described in subsection (e)(1); or
(B) determines that 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.
(Pub. L. 89–10, title VIII, § 8401, formerly title IX,
§ 9401, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1972; renumbered title VIII,
§ 8401, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(4), 8013, Dec. 10, 2015, 129 Stat. 2088, 2089,
2103.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7861, Pub. L. 89–10, title IX, § 9141, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3792, related to national activities, prior to the general
amendment of former subchapter IX of this chapter by
Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 8013(1), added subsec. (a) and struck out former subsec. (a). Prior to
amendment, text read as follows: ‘‘Except as provided
in subsection (c) of this section, the Secretary may
waive any statutory or regulatory requirement of this
chapter for a State educational agency, local educational agency, Indian tribe, or school through a local
educational agency, that—

Page 1649

TITLE 20—EDUCATION

‘‘(1) receives funds under a program authorized by
this chapter; and
‘‘(2) requests a waiver under subsection (b) of this
section.’’
Subsec. (b)(1). Pub. L. 114–95, § 8013(2)(A)(i), in introductory provisions, substituted ‘‘acting on its own behalf or on behalf of a local educational agency in accordance with subsection (a)(2),’’ for ‘‘local educational
agency,’’ and inserted ‘‘, which shall include a plan’’
after ‘‘to the Secretary’’.
Subsec. (b)(1)(B) to (E). Pub. L. 114–95, § 8013(2)(A)(iii),
added subpars. (B) to (E) and struck out former subpars. (B) to (D) which required a waiver request to contain a description of the Federal statutory or regulatory requirements to be waived, a description of the
measurable educational goals for each school year affected by the waiver, and an explanation of how the
waiver would provide assistance. Former subpar. (E) redesignated (F).
Subsec. (b)(1)(F). Pub. L. 114–95, § 8013(2)(A)(ii), (iv),
redesignated subpar. (E) as (F) and inserted ‘‘and, if the
waiver relates to provisions of subsections (b) or (h) of
section 6311 of this title, describes how the State educational agency, local educational agency, school, or
Indian tribe will maintain or improve transparency in
reporting to parents and the public on student achievement and school performance, including the achievement of the subgroups of students identified in section
6311(b)(2)(B)(xi) of this title’’ after ‘‘waivers are requested’’.
Subsec. (b)(2)(B)(i)(II). Pub. L. 114–95, § 8013(2)(B), substituted ‘‘(on behalf of those agencies or on behalf of,
and based on the requests of, local educational agencies
in the State)’’ for ‘‘(on behalf of, and based on the requests of, local educational agencies)’’.
Subsec. (b)(3)(A). Pub. L. 114–95, § 8013(2)(C)(i), inserted ‘‘or on behalf of local educational agencies in
the State under subsection (a)(2),’’ after ‘‘acting on its
own behalf,’’ in introductory provisions, added cls. (i)
to (iii), and struck out former cls. (i) to (iii) which read
as follows:
‘‘(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.’’
Subsec. (b)(3)(B). Pub. L. 114–95, § 8013(2)(C)(ii), added
cls. (i) and (ii) and struck out former cls. (i) and (ii)
which read as follows:
‘‘(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.’’
Subsec. (b)(4). Pub. L. 114–95, § 8013(2)(D), added par.
(4).
Subsec. (c)(1). Pub. L. 114–95, § 8013(3)(A), inserted
‘‘, Indian tribes’’ after ‘‘local educational agencies’’.
Subsec. (c)(8). Pub. L. 114–95, § 8013(3)(B), substituted
‘‘part C of subchapter IV’’ for ‘‘subpart 1 of part B of
subchapter V’’.
Subsec. (c)(9). Pub. L. 114–95, § 8013(3)(C), added par. (9)
and struck out former par. (9) which read as follows:
‘‘the prohibitions regarding—
‘‘(A) State aid in section 7902 of this title;
‘‘(B) use of funds for religious worship or instruction in section 7885 of this title; and
‘‘(C) activities in section 7906 of this title; or’’.
Subsec. (d). Pub. L. 114–95, § 8013(4)(A), inserted
‘‘; limitations’’ after ‘‘waiver’’ in heading.
Subsec. (d)(2). Pub. L. 114–95, § 8013(4)(B), substituted
‘‘State demonstrates’’ for ‘‘Secretary determines’’ in
introductory provisions.
Subsec. (d)(3). Pub. L. 114–95, § 8013(4)(C), added par.
(3).

§ 7861

Subsec. (e). Pub. L. 114–95, § 8013(5), added subsec. (e)
and struck out former subsec. (e) which required certain reports to State educational agencies, the Secretary, and Congress concerning waivers under this section.
Subsec. (f). Pub. L. 114–95, § 8013(6), substituted ‘‘if,
after notice and an opportunity for a hearing, the Secretary—’’ for ‘‘if the Secretary determines, after notice
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.’’ and added pars. (A) and
(B).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
NATIONAL EMERGENCY EDUCATIONAL WAIVERS
Pub. L. 116–136, div. A, title III, § 3511, Mar. 27, 2020,
134 Stat. 400, provided that:
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may, upon the request of a
State educational agency or Indian tribe, waive any
statutory or regulatory provision described under paragraphs (1) and (2) of subsection (b), and upon the request of a local educational agency, waive any statutory or regulatory provision described under paragraph
(2) of subsection (b), if the Secretary determines that
such a waiver is necessary and appropriate due to the
emergency involving Federal primary responsibility determined to exist by the President under the [sic] section 501(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to the Coronavirus Disease 2019 (COVID–19).
‘‘(b) APPLICABLE PROVISIONS OF LAW.—
‘‘(1) STREAMLINED WAIVERS.—The Secretary shall
create an expedited application process to request a
waiver and the Secretary may waive any statutory or
regulatory requirements for a State educational
agency (related to assessments, accountability, and
reporting requirements related to assessments and
accountability), if the Secretary determines that
such a waiver is necessary and appropriate as described in subsection (a), under the following provisions of law:
‘‘(A) The following provisions under section 1111
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311):
‘‘(i) Paragraphs (2) and (3) of subsection (b).
‘‘(ii) Subsection (c)(4).
‘‘(iii) Subparagraphs (C) and (D) of subsection
(d)(2).
‘‘(iv) The following provisions under subsection
(h) of such section 1111:
‘‘(I) Clauses (i), (ii), (iii)(I), (iv), (v), (vi), (vii),
and (xi) of paragraph (1)(C).
‘‘(II) Paragraph (2)(C) with respect to the
waived requirements under subclause (I).
‘‘(III) Clauses (i) and (ii) of paragraph (2)(C).
‘‘(B) Section 421(b) of the General Education Provisions Act (20 U.S.C. 1225(b)).
‘‘(2) STATE AND LOCALLY-REQUESTED WAIVERS.—For
a State educational agency, local educational agency,
or Indian tribe that receives funds under a program
authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) that requests
a waiver under subsection (c), the Secretary may
waive statutory and regulatory requirements under
any of the following provisions of such Act:
‘‘(A) Section 1114(a)(1) [20 U.S.C. 6314(a)(1)].
‘‘(B) Section 1118(a) [20 U.S.C. 6321(a)] and section
8521 [20 U.S.C. 7901].

§ 7871

TITLE 20—EDUCATION

‘‘(C) Section 1127 [20 U.S.C. 6339].
‘‘(D) Section 4106(d) [20 U.S.C. 7116(d)].
‘‘(E) Subparagraphs (C), (D), and (E) of section
4106(e)(2) [20 U.S.C. 7116(e)(2)].
‘‘(F) Section 4109(b) [20 U.S.C. 7119(b)].
‘‘(G) The definition under section 8101(42) [20
U.S.C. 7801(42)] for purposes of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.).
‘‘(3) APPLICABILITY TO CHARTER SCHOOLS.—Any waivers issued by the Secretary under this section shall
be implemented, as applicable—
‘‘(A) for all public schools, including public charter schools within the boundaries of the recipient of
the waiver;
‘‘(B) in accordance with State charter school law;
and
‘‘(C) pursuant to section 1111(c)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(c)(5)).
‘‘(4) LIMITATION.—Nothing in this section shall be
construed to allow the Secretary to waive any statutory or regulatory requirements under applicable
civil rights laws.
AND
IMPROVEMENT.—Any
‘‘(5)
ACCOUNTABILITY
school located in a State that receives a waiver under
paragraph (1) and that is identified for comprehensive
support and improvement, targeted support and improvement, or additional targeted support in the
2019–2020 school year under section 1111(c)(4)(D) or
section 1111(d)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(c)(4)(D) or (d)(2))
shall maintain that identification status in the
2020–2021 school year and continue to receive supports
and interventions consistent with the school’s support and improvement plan in the 2020–2021 school
year.
‘‘(c) STATE AND LOCAL REQUESTS FOR WAIVERS.—
‘‘(1) IN GENERAL.—A State educational agency, local
educational agency, or Indian tribe that desires a
waiver from any statutory or regulatory provision
described under subsection (b)(2), may submit a waiver request to the Secretary in accordance with this
subsection.
‘‘(2) REQUESTS SUBMITTED.—A request for a waiver
under this subsection shall—
‘‘(A) identify the Federal programs affected by
the requested waiver;
‘‘(B) describe which Federal statutory or regulatory requirements are to be waived;
‘‘(C) describe how the emergency involving Federal primary responsibility determined to exist by
the President under the [sic] section 501(b) of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191(b)) with respect to
the Coronavirus Disease 2019 (COVID–19) prevents
or otherwise restricts the ability of the State,
State educational agency, local educational agency, Indian tribe, or school to comply with such
statutory or regulatory requirements; and
‘‘(D) provide an assurance that the State educational agency, local educational agency, or Indian tribe will work to mitigate any negative effects, if any, that may occur as a result of the requested waiver.
‘‘(3) SECRETARY APPROVAL.—
‘‘(A) IN GENERAL.—Except as provided under subparagraph (B), the Secretary shall approve or disapprove a waiver request submitted under paragraph (1) not more than 30 days after the date on
which such request is submitted.
‘‘(B) EXCEPTIONS.—The Secretary may disapprove
a waiver request submitted under paragraph (1),
only if the Secretary determines that—
‘‘(i) the waiver request does not meet the requirements of this section;
‘‘(ii) the waiver is not permitted pursuant to
subsection (b)(2); or
‘‘(iii) the description required under paragraph
(2)(C) provides insufficient information to dem-

Page 1650

onstrate that the waiving of such requirements is
necessary or appropriate consistent with subsection (a).
‘‘(4) DURATION.—A waiver approved by the Secretary under this section may be for a period not to
exceed the 2019–2020 academic year, except to carry
out full implementation of any maintenance of effort
waivers granted during the 2019–2020 academic year.
‘‘(d) REPORTING AND PUBLICATION.—
‘‘(1) PUBLIC NOTICE.—A State educational agency,
Indian Tribe, or local educational agency requesting
a waiver under subsection (b)(2) shall provide the public and all local educational agencies in the State
with notice of, and the opportunity to comment on,
the request by posting information regarding the
waiver request and the process for commenting on
the State website.
‘‘(2) NOTIFYING CONGRESS.—Not later than 7 days
after granting a waiver under this section, the Secretary shall notify the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Appropriations of
the House of Representatives of such waiver.
‘‘(3) PUBLICATION.—Not later than 30 days after
granting a waiver under this section, the Secretary
shall publish a notice of the Secretary’s decision (including which waiver was granted and the reason for
granting the waiver) in the Federal Register and on
the website of the Department of Education.
‘‘(4) REPORT.—Not later than 30 days after the date
of enactment of this Act [Mar. 27, 2020], the Secretary
shall prepare and submit a report to the Committee
on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate, and the
Committee on Education and Labor and the Committee on Appropriations of the House of Representatives, with recommendations on any additional waivers under the Individuals with Disabilities Education
Act (20 U.S.C. 1401 [1400] et seq.), the Rehabilitation
Act of 1973 (29 U.S.C. 701 et seq.), the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), and the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.) the Secretary believes are necessary to be enacted into law
to provide limited flexibility to States and local educational agencies to meet the needs of students during the emergency involving Federal primary responsibility determined to exist by the President under
section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b))
with respect to the Coronavirus Disease 2019
(COVID–19).
‘‘(e) TERMS.—In this section, the term ‘State educational agency’ includes the Bureau of Indian Education, and the term ‘local educational agency’ includes Bureau of Indian Education funded schools operated pursuant to a grant under the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), or a contract
under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).’’
[For definitions of terms as used in section 3511 of
Pub. L. 116–136, set out above, see section 3502 of Pub.
L. 116–136, set out in a note under section 1001 of this
title.]

PART E—APPROVAL AND DISAPPROVAL OF STATE
PLANS AND LOCAL APPLICATIONS
§ 7871. Approval and disapproval of State plans
(a) Approval
A plan submitted by a State pursuant to section 6611(d), 7113(c), 7173, or 7842 of this title
shall be approved by the Secretary unless the
Secretary makes a written determination
(which shall include the supporting information
and rationale supporting such determination),

Page 1651

TITLE 20—EDUCATION

prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 6611(d), 7113(c), or 7173 of this
title, or part C, respectively.
(b) Disapproval process
(1) In general
The Secretary shall not finally disapprove a
plan submitted under section 6611(d), 7113(c),
7173, or 7842 of this title, except after giving
the State educational agency notice and an
opportunity for a hearing.
(2) Notifications
If the Secretary finds that the plan is not in
compliance, in whole or in part, with section
6611(d), 7113(c), or 7173 of this title, or part C,
as applicable, the Secretary shall—
(A) immediately notify the State of such
determination;
(B) provide a detailed description of the
specific provisions of the plan that the Secretary determines fail to meet the requirements, in whole or in part, of such section or
part, as applicable;
(C) offer the State an opportunity to revise
and resubmit its plan within 45 days of such
determination, including the chance for the
State to present supporting information to
clearly demonstrate that the State plan
meets the requirements of such section or
part, as applicable;
(D) provide technical assistance, upon request of the State, in order to assist the
State to meet the requirements of such section or part, as applicable;
(E) conduct a hearing within 30 days of the
plan’s resubmission under subparagraph (C),
unless a State declines the opportunity for
such hearing; and
(F) request additional information, only as
to the noncompliant provisions, needed to
make the plan compliant.
(3) Response
If the State educational agency responds to
the Secretary’s notification described in paragraph (2)(A) prior to the expiration of the 45day period beginning on the date on which the
State educational agency received the notification, and resubmits the plan as described in
paragraph (2)(C), the Secretary shall approve
such plan unless the Secretary determines the
plan does not meet the requirements of section 6611(d), 7113(c), or 7173 of this title, or part
C, as applicable.
(4) Failure to respond
If the State educational agency does not respond to the Secretary’s notification described
in paragraph (2)(A) prior to the expiration of
the 45-day period beginning on the date on
which the State educational agency received
the notification, such plan shall be deemed to
be disapproved.
(c) Limitation
A plan submitted under section 6611(d), 7113(c),
7173, or 7842 of this title shall not be approved or
disapproved based upon the nature of the activities proposed within such plan if such proposed

§ 7872

activities meet the applicable program requirements.
(d) Peer-review requirements
Notwithstanding any other requirements of
this part, the Secretary shall ensure that any
portion of a consolidated State plan that is related to part A of subchapter I is subject to the
peer-review
process
described
in
section
6311(a)(4) of this title.
(Pub. L. 89–10, title VIII, § 8451, as added Pub. L.
114–95, title VIII, § 8014, Dec. 10, 2015, 129 Stat.
2107.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7871, Pub. L. 89–10, title IX, § 9151, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3792, established the National Advisory Council on Indian Education, prior to the general amendment of
former subchapter IX of this chapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7872. Approval and disapproval of local educational agency applications
(a) Approval
An application submitted by a local educational agency pursuant to section 6612(b), 7116,
7174(b) or 7845 of this title, shall be approved by
the State educational agency unless the State
educational agency makes a written determination (which shall include the supporting information and rationale for such 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 section 6612(b), 7116, or 7174(b) of this title, or part
C, respectively.
(b) Disapproval process
(1) In general
The State educational agency shall not finally disapprove an application submitted
under section 6612(b), 7116, 7174(b) or 7845 of
this title except after giving the local educational agency notice and opportunity for a
hearing.
(2) Notifications
If the State educational agency finds that
the application submitted under section
6612(b), 7116, 7174(b) or 7845 of this title is not
in compliance, in whole or in part, with section 6612(b), 7116, or 7174(b) of this title, or part
C, respectively, the State educational agency
shall—
(A) immediately notify the local educational agency of such determination;
(B) provide a detailed description of the
specific provisions of the application that
the State determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;

TITLE 20—EDUCATION

§ 7881

(C) offer the local educational agency an
opportunity to revise and resubmit its application within 45 days of such determination,
including the chance for the local educational agency to present supporting information to clearly demonstrate that the application meets the requirements of such
section or part;
(D) provide technical assistance, upon request of the local educational agency, in
order to assist the local educational agency
to meet the requirements of such section or
part, as applicable;
(E) conduct a hearing within 30 days of the
application’s resubmission under subparagraph (C), unless a local educational agency
declines the opportunity for such a hearing;
and
(F) request additional information, only as
to the noncompliant provisions, needed to
make the application compliant.
(3) Response
If the local educational agency responds to
the State educational agency’s notification
described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the
date on which the local educational agency received the notification, and resubmits the application as described in paragraph (2)(C), the
State educational agency shall approve such
application unless the State educational agency determines the application does not meet
the requirements of this part.
(4) Failure to respond
If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(A) prior to
the expiration of the 45-day period beginning
on the date on which the local educational
agency received the notification, such application shall be deemed to be disapproved.
(Pub. L. 89–10, title VIII, § 8452, as added Pub. L.
114–95, title VIII, § 8014, Dec. 10, 2015, 129 Stat.
2108.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 7872 to 7874 were omitted in the general
amendment of former subchapter IX of this chapter by
Pub. L. 107–110.
Section 7872, Pub. L. 89–10, title IX, § 9152, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3793,
related to peer review of applications.
Section 7873, Pub. L. 89–10, title IX, § 9153, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3793,
related to preference for Indian applicants for grants.
Section 7874, Pub. L. 89–10, title IX, § 9154, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3793,
related to minimum grant criteria.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

Page 1652

PART F—UNIFORM PROVISIONS
Editorial Notes
CODIFICATION
Pub. L. 114–95, title VIII, § 8001(b)(1), Dec. 10, 2015, 129
Stat. 2089, redesignated part E (§ 7881 et seq.) of subchapter IX of this chapter as part F of this subchapter.
SUBPART 1—PRIVATE SCHOOLS

§ 7881. Participation by private school children
and teachers
(a) Private school participation
(1) In general
Except as otherwise provided in this chapter, to the extent consistent with the number
of eligible children in 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
(A) In general
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.
(B) Ombudsman
To help ensure equitable services are provided to private school children, teachers,
and other educational personnel under this
section, the State educational agency involved shall direct the ombudsman designated by the agency under section 6320 of
this title to monitor and enforce the requirements of this section.
(4) Expenditures
(A) In general
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

Page 1653

TITLE 20—EDUCATION

needs of the children to be served, to the expenditures for participating public school
children.
(B) Obligation of funds
Funds allocated to a local educational
agency for educational services and other
benefits to eligible private school children
shall be obligated in the fiscal year for
which the funds are received by the agency.
(C) Notice of allocation
Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of
the allocation of funds for educational services and other benefits under this subpart
that the local educational agencies have determined are available for eligible private
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) part C of subchapter I;
(B) part A of subchapter II;
(C) part A of subchapter III;
(D) part A of subchapter IV;
(E) part B of subchapter IV; and
(F) section 7281 of this title, with regard to
Project SERV.
(2) Definition
For the purpose of this section, the term ‘‘eligible children’’ means children eligible for
services under a program described in paragraph (1).
(c) Consultation
(1) In general
To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency,
consortium of those agencies, or entity shall
consult with appropriate private school officials. Such agency and private school officials
shall both have the goal of reaching agreement on how to provide equitable and effective
programs for eligible private school children,
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, the amount of funds
available for those services, and how that
amount is determined;
(F) how and when the agency, consortium,
or entity will make decisions about the de-

§ 7881

livery of services, including a thorough consideration and analysis of the views of the
private school officials on the provision of
services through potential third-party providers; and
(G) whether the agency, consortium, or entity shall provide services directly or
through a separate government agency, consortium, or entity, or through a third-party
contractor; and
(H) whether to provide equitable services
to eligible private school children—
(i) by creating a pool or pools of funds
with all of the funds allocated under subsection (a)(4)(C) based on all the children
from low-income families in a participating school attendance area who attend
private schools; or
(ii) in the agency’s participating school
attendance area who attend private
schools with the proportion of funds allocated under subsection (a)(4)(C) based on
the number of children from low-income
families who attend private schools.
(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
participate in programs under this chapter,
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.
(5) Documentation
Each local educational agency shall maintain in the agency’s records, and provide to
the State educational agency involved, a written affirmation signed by officials of each participating private school that the meaningful
consultation required by this section has occurred. The written affirmation shall provide
the option for private school officials to indicate such officials’ belief that timely and
meaningful consultation has not occurred or
that the program design is not equitable with
respect to eligible private school children. If
such officials do not provide such affirmation
within a reasonable period of time, the local
educational agency shall forward the documentation that such consultation has, or attempts at such consultation have, taken place
to the State educational agency.

§ 7881

TITLE 20—EDUCATION

(6) Compliance
(A) In general
If the consultation required under this section is with a local educational agency or
educational service agency, a private school
official shall have the right to file a complaint with the State educational agency
that the consultation required under this
section was not meaningful and timely, did
not give due consideration to the views of
the private school official, or did not make
a decision that treats the private school or
its students equitably as required by this
section.
(B) Procedure
If the private school official wishes to file
a complaint, the private school official shall
provide the basis of the noncompliance and
all parties shall provide the appropriate documentation to the appropriate officials.
(C) Services
A State educational agency shall provide
services under this section directly or
through contracts with public and private
agencies, organizations, and institutions, if
the appropriate private school officials
have—
(i) requested that the State educational
agency provide such services directly; and
(ii) demonstrated that the local educational agency involved has not met the
requirements of this section in accordance
with the procedures for making such a request, as prescribed by the State educational agency.
(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 chapter, 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 nonFederal funds.
(Pub. L. 89–10, title VIII, § 8501, formerly title IX,
§ 9501, as added Pub. L. 107–110, title IX, § 901,

Page 1654

Jan. 8, 2002, 115 Stat. 1975; renumbered title VIII,
§ 8501, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(5), 8015, Dec. 10, 2015, 129 Stat. 2088, 2089,
2109; Pub. L. 115–64, § 3, Sept. 29, 2017, 131 Stat.
1189.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7881, Pub. L. 89–10, title IX, § 9161, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3793; amended Pub. L. 105–220, title II, § 251(b)(2)(E),
Aug. 7, 1998, 112 Stat. 1080, defined terms, prior to the
general amendment of former subchapter IX of this
chapter by Pub. L. 107–110.
AMENDMENTS
2017—Subsec. (b)(1)(F). Pub. L. 115–64 added subpar.
(F).
2015—Subsec. (a)(3). Pub. L. 114–95, § 8015(1)(A), added
par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘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.’’
Subsec. (a)(4). Pub. L. 114–95, § 8015(1)(B), added par.
(4) and struck out former par. (4). Prior to amendment,
text read as follows: ‘‘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.’’
Subsec. (b)(1). Pub. L. 114–95, § 8015(2)(A), added subpars. (A) to (E) and struck out former subpars. (A) to
(H) which read as follows:
‘‘(A) subparts 1 and 3 of part B of subchapter I of this
chapter;
‘‘(B) part C of subchapter I of this chapter;
‘‘(C) part A of subchapter II of this chapter, to the extent provided in paragraph (3);
‘‘(D) part B of subchapter II of this chapter;
‘‘(E) part D of subchapter II of this chapter;
‘‘(F) part A of subchapter III of this chapter;
‘‘(G) part A of subchapter IV of this chapter; and
‘‘(H) part B of subchapter IV of this chapter.’’
Subsec. (b)(3). Pub. L. 114–95, § 8015(2)(B), struck out
par. (3) which related to application of this subpart to
funds awarded to a local educational agency under part
A of former subchapter II of this chapter.
Subsec. (c)(1). Pub. L. 114–95, § 8015(3)(A), in introductory provisions, substituted ‘‘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. Such agency
and private school officials shall both have the goal of
reaching agreement on how to provide equitable and effective programs for eligible private school children, on
issues such as’’ for ‘‘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 chapter, on
issues such as’’.
Subsec. (c)(1)(E). Pub. L. 114–95, § 8015(3)(B)(i), substituted ‘‘, the amount’’ for ‘‘and the amount’’ and
‘‘services, and how that amount is determined;’’ for
‘‘services; and’’.
Subsec. (c)(1)(F). Pub. L. 114–95, § 8015(3)(B)(ii), struck
out ‘‘contract’’ after ‘‘provision of’’ and substituted
‘‘; and’’ for period at end.
Subsec. (c)(1)(G), (H). Pub. L. 114–95, § 8015(3)(B)(iii),
added subpars. (G) and (H).

Page 1655

TITLE 20—EDUCATION

Subsec. (c)(5), (6). Pub. L. 114–95, § 8015(4), which directed amendment of this section by adding pars. (5)
and (6) at the end, was executed by adding pars. (5) and
(6) at the end of subsec. (c), to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries

§ 7884

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7882. Standards for by-pass
(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 7881 of this title,
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 7881, 7883, and 7884
of this title.
(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.

§ 7883. Complaint process for participation of
private school children
(a) Procedures for complaints
The Secretary shall develop and implement
written procedures for receiving, investigating,
and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of section 7881 of this title 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 45
days.
(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 the 45-day time limit. The appeal shall be
accompanied by a copy of the State educational
agency’s resolution, and, if there is one, a complete statement of the reasons supporting the
appeal. The Secretary shall investigate and resolve the appeal not later than 90 days after receipt of the appeal.
(Pub. L. 89–10, title VIII, § 8503, formerly title IX,
§ 9503, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1977; renumbered title VIII,
§ 8503, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(5), 8017, Dec. 10, 2015, 129 Stat. 2088, 2089,
2111.)
Editorial Notes
AMENDMENTS

(Pub. L. 89–10, title VIII, § 8502, formerly title IX,
§ 9502, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1977; renumbered title VIII,
§ 8502, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(5), (b)(4), 8016, Dec. 10, 2015, 129 Stat.
2088, 2089, 2111.)

2015—Pub. L. 114–95, § 8017, added subsecs. (a) and (b)
and struck out former subsecs. (a) and (b) which related
to procedures for complaints and appeals to Secretary,
respectively.

Editorial Notes

Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

PRIOR PROVISIONS
A prior section 7882, Pub. L. 89–10, title IX, § 9162, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3794, authorized appropriations, prior to the general
amendment of former subchapter IX of this chapter by
Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 8001(b)(4), made
technical amendment to reference in original act which
appears in two places in text as reference to section
7881 of this title.
Subsec. (a)(2). Pub. L. 114–95, § 8016, made technical
amendment to reference in original act which appears
in text as reference to sections 7883 and 7884 of this
title.

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT

§ 7884. By-pass determination process
(a) Review
(1) In general
(A) Written objections
The Secretary shall not take any final action under section 7882 of this title 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

§ 7885

TITLE 20—EDUCATION

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.
(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.
(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.
(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 representa-

Page 1656

tives 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
7881 of this title or any other provision of this
chapter.
(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 chapter.
(d) Prior determination
Any by-pass determination by the Secretary
under this chapter as in effect on the day preceding January 8, 2002, shall remain in effect to
the extent the Secretary determines that that
determination is consistent with the purpose of
this section.
(Pub. L. 89–10, title VIII, § 8504, formerly title IX,
§ 9504, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1978; renumbered title VIII,
§ 8504, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(5), (b)(4), 8018, Dec. 10, 2015, 129 Stat.
2088, 2089, 2112.)
Editorial Notes
AMENDMENTS
2015—Subsec. (a)(1)(A). Pub. L. 114–95, § 8018, made
technical amendment to reference in original act which
appears in text as reference to section 7882 of this title.
Subsec. (b). Pub. L. 114–95, § 8001(b)(4), made technical
amendment to reference in original act which appears
in text as reference to section 7881 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7885. Prohibition against funds for religious
worship or instruction
Nothing contained in this chapter shall be
construed to authorize the making of any payment under this chapter for religious worship or
instruction.
(Pub. L. 89–10, title VIII, § 8505, formerly title IX,
§ 9505, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1979; renumbered title VIII,
§ 8505, Pub. L. 114–95, title VIII, § 8001(a)(5), Dec.
10, 2015, 129 Stat. 2088, 2089.)
§ 7886. Private, religious, and home schools
(a) Applicability to nonrecipient private schools
Nothing in this chapter shall be construed to
affect any private school that does not receive
funds or services under this chapter, nor shall
any student who attends a private school that
does not receive funds or services under this
chapter be required to participate in any assessment referenced in this chapter.

Page 1657

TITLE 20—EDUCATION

(b) Applicability to home schools
Nothing in this chapter 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 chapter.
(c) Rule of construction on prohibition of Federal control over nonpublic schools
Nothing in this chapter shall be construed to
permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home
school is treated as a private school or home
school under State law. This section shall not be
construed to bar private, religious, or home
schools from participation in programs or services under this chapter.
(d) Rule of construction on State and local educational agency mandates
Nothing in this chapter shall be construed to
require any State educational agency or local
educational agency that receives funds under
this chapter to mandate, direct, or control the
curriculum of a private or home school, regardless or 1 whether or not a home school is treated
as a private school under state 2 law, nor shall
any funds under this chapter be used for this
purpose.
(Pub. L. 89–10, title VIII, § 8506, formerly title IX,
§ 9506, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1979; renumbered title VIII,
§ 8506, Pub. L. 114–95, title VIII, § 8001(a)(5), Dec.
10, 2015, 129 Stat. 2088, 2089.)
SUBPART 2—OTHER PROVISIONS

§ 7901. 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, subject to the
requirements of subsection (b).
(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),
if such local educational agency has also failed
to meet such requirement (as determined
using the measure most favorable to the local

§ 7902

agency) for 1 or more of the 5 immediately
preceding fiscal years.
(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 a
change in the organizational structure of the
local educational agency; or
(2) a precipitous decline in the financial resources of the local educational agency.
(Pub. L. 89–10, title VIII, § 8521, formerly title IX,
§ 9521, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII,
§ 8521, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(6), 8019, Dec. 10, 2015, 129 Stat. 2088, 2089,
2112.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7901, Pub. L. 89–10, title IX, § 9201, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3794, set forth short title of the Native Hawaiian Education Act, prior to the general amendment of former
subchapter IX of this chapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 8019(1), inserted
‘‘, subject to the requirements of subsection (b)’’ after
‘‘for the second preceding fiscal year’’.
Subsec. (b)(1). Pub. L. 114–95, § 8019(2), inserted before
period at end ‘‘, if such local educational agency has
also failed to meet such requirement (as determined
using the measure most favorable to the local agency)
for 1 or more of the 5 immediately preceding fiscal
years’’.
Subsec. (c)(1). Pub. L. 114–95, § 8019(3), inserted ‘‘or a
change in the organizational structure of the local educational agency’’ after ‘‘such as a natural disaster’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7902. Prohibition regarding State aid
A State shall not take into consideration payments under this chapter (other than under subchapter VII) 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.
(Pub. L. 89–10, title VIII, § 8522, formerly title IX,
§ 9522, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII,
§ 8522, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(6), 8020, Dec. 10, 2015, 129 Stat. 2088, 2089,
2112.)
Editorial Notes
PRIOR PROVISIONS

1 So
2 So

in original. Probably should be ‘‘of’’.
in original. Probably should be capitalized.

A prior section 7902, Pub. L. 89–10, title IX, § 9202, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

TITLE 20—EDUCATION

§ 7903

3794, set forth findings, prior to the general amendment
of former subchapter IX of this chapter by Pub. L.
107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 8020, substituted ‘‘subchapter
VII’’ for ‘‘subchapter VIII’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7903. Privacy of assessment results
Any results from an individual assessment referred to in this chapter of a student that become part of the education records of the student shall have the protections provided in section 1232g of this title.
(Pub. L. 89–10, title VIII, § 8523, formerly title IX,
§ 9523, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII,
§ 8523, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec.
10, 2015, 129 Stat. 2088, 2089.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7903, Pub. L. 89–10, title IX, § 9203, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3798, set forth purpose of provisions relating to Native
Hawaiian educational programs, prior to the general
amendment of former subchapter IX of this chapter by
Pub. L. 107–110.

§ 7904. School prayer
(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 elementary schools and secondary schools, including making the guidance
available by electronic means, including by
posting the guidance on the Department’s
website in a clear and easily accessible manner.
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
chapter, 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

Page 1658

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.
(Pub. L. 89–10, title VIII, § 8524, formerly title IX,
§ 9524, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII,
§ 8524, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(6), 8021, Dec. 10, 2015, 129 Stat. 2088, 2089,
2112.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7904, Pub. L. 89–10, title IX, § 9204, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3798, established the Native Hawaiian Education Council and island councils, prior to the general amendment
of former subchapter IX of this chapter by Pub. L.
107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 8021, substituted
‘‘by electronic means, including by posting the guidance on the Department’s website in a clear and easily
accessible manner’’ for ‘‘on the Internet’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7905. 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 (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

Page 1659

TITLE 20—EDUCATION

Scouts of America or of the youth group listed
in title 36 (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 (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 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 2000d–1 of title 42. 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 2000d–2 of title 42.
Any person aggrieved by the action may obtain that judicial review in the manner, and to
the extent, provided in section 2000d–2 of title
42.
(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.
(Pub. L. 89–10, title VIII, § 8525, formerly title IX,
§ 9525, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1981; renumbered title VIII,
§ 8525, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec.
10, 2015, 129 Stat. 2088, 2089.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7905, Pub. L. 89–10, title IX, § 9205, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

§ 7906

3800, related to Native Hawaiian Family-Based Education Centers, prior to the general amendment of
former subchapter IX of this chapter by Pub. L. 107–110.

§ 7906. Prohibited uses of funds
No funds under this chapter may be used—
(1) for construction, renovation, or repair of
any school facility, except as authorized under
this chapter;
(2) for transportation unless otherwise authorized under this chapter;
(3) 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;
(4) to distribute or to aid in the distribution
by any organization of legally obscene materials to minors on school grounds;
(5) to provide sex education or HIV-prevention education in schools unless that instruction is age appropriate and includes the health
benefits of abstinence; or
(6) to operate a program of contraceptive
distribution in schools.
(Pub. L. 89–10, title VIII, § 8526, formerly title IX,
§ 9526, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1982; renumbered title VIII,
§ 8526, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(6), 8022, Dec. 10, 2015, 129 Stat. 2088, 2089,
2112.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7906, Pub. L. 89–10, title IX, § 9206, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3800, authorized grants for a Native Hawaiian higher
education program, prior to the general amendment of
former subchapter IX of this chapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 8022, substituted ‘‘Prohibited
uses of funds’’ for ‘‘General prohibitions’’ in section
catchline, in subsec. (a), struck out ‘‘(a) Prohibition’’
before introductory provisions, substituted ‘‘No funds
under this chapter may be used’’ for ‘‘None of the funds
authorized under this chapter shall be used’’ in introductory provisions, added pars. (1) and (2) and redesignated former pars. (1) to (4) as (3) to (6), respectively,
and struck out subsec. (b). Prior to amendment, text of
subsec. (b) read as follows: ‘‘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
‘‘(4) create any legally enforceable right.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

TITLE 20—EDUCATION

§ 7906a

§ 7906a. Prohibition against Federal mandates,
direction, or control
(a) In general
No officer or employee of the Federal Government shall, through grants, contracts, or other
cooperative agreements, mandate, direct, or
control a State, local educational agency, or
school’s specific instructional content, academic
standards and assessments, curricula, or program of instruction developed and implemented
to meet the requirements of this chapter (including any requirement, direction, or mandate
to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards
common to a significant number of States, or
any assessment, instructional content, or curriculum aligned to such standards), nor shall
anything in this chapter be construed to authorize such officer or employee to do so.
(b) Financial support
No officer or employee of the Federal Government shall condition or incentivize the receipt
of any grant, contract, or cooperative agreement, the receipt of any priority or preference
under such grant, contract, or cooperative
agreement, or the receipt of a waiver under section 7861 of this title upon a State, local educational agency, or school’s adoption or implementation of specific instructional content, academic standards and assessments, curricula, or
program of instruction developed and implemented to meet the requirements of this chapter
(including any condition, priority, or preference
to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards
common to a significant number of States, or
any assessment, instructional content, or curriculum aligned to such standards).
(Pub. L. 89–10, title VIII, § 8526A, as added Pub.
L. 114–95, title VIII, § 8023, Dec. 10, 2015, 129 Stat.
2113.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7907. Prohibitions on Federal Government and
use of Federal funds
(a) General prohibition
Nothing in this chapter shall be construed to
authorize an officer or employee of the Federal
Government, including through a grant, contract, or cooperative agreement, to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or
mandate a State or any subdivision thereof to
spend any funds or incur any costs not paid for
under this chapter.
(b) Prohibition on endorsement of curriculum
Notwithstanding any other provision of Federal law, no funds provided to the Department

Page 1660

under this chapter may be used by the Department, whether through a grant, contract, or cooperative agreement, to endorse, approve, develop, require, or sanction any curriculum, including any curriculum aligned to the Common
Core State Standards developed under the Common Core State Standards Initiative or any
other academic standards common to a significant number of States, designed to be used in an
elementary school or secondary school.
(c) Local control
Nothing in this section shall be construed to—
(1) authorize an officer or employee of the
Federal Government, whether through a
grant, contract, or cooperative agreement 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 (20 U.S.C. 1221 et seq.);
(3) require the distribution of scientifically
or medically false or inaccurate materials or
to prohibit the distribution of scientifically or
medically true or accurate materials; or
(4) create any legally enforceable right.
(d) 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 standards approved or certified by
the Federal Government, in order to receive
assistance under this chapter.
(2) Rule of construction
Nothing in this chapter shall be construed to
prohibit a State, local educational agency, or
school from using funds provided under this
chapter for the development or implementation of any instructional content, academic
standards, academic assessments, curriculum,
or program of instruction that a State, local
educational agency, or school chooses, as permitted under State and local law, as long as
the use of such funds is consistent with the
terms of the grant, contract, or cooperative
agreement providing such funds.
(3) Building standards
Nothing in this chapter shall be construed to
mandate national school building standards
for a State, local educational agency, or
school.
(Pub. L. 89–10, title VIII, § 8527, formerly title IX,
§ 9527, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1983; renumbered title VIII,
§ 8527, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(6), 8024, Dec. 10, 2015, 129 Stat. 2088, 2089,
2113.)
Editorial Notes
REFERENCES IN TEXT
The General Education Provisions Act, referred to in
subsec. (c)(2), is title IV of Pub. L. 90–247, Jan. 2, 1968,
81 Stat. 814, which is classified generally to chapter 31
(§ 1221 et seq.) of this title. For complete classification
of this Act to the Code, see section 1221 of this title and
Tables.

Page 1661

TITLE 20—EDUCATION
PRIOR PROVISIONS

A prior section 7907, Pub. L. 89–10, title IX, § 9207, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3801, related to Native Hawaiian gifted and talented
program, prior to the general amendment of former
subchapter IX of this chapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 8024, amended section generally.
Prior to amendment, section consisted of subsecs. (a) to
(d) relating to prohibitions on Federal Government and
use of Federal funds.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7908. Armed Forces recruiter access to students
and student recruiting information
(a) Policy
(1) Access to student recruiting information
Notwithstanding section 1232g(a)(5)(B) of
this title, each local educational agency receiving assistance under this chapter shall
provide, upon a request made by a military recruiter or an institution of higher education,
access to the name, address, and telephone
listing of each secondary school student
served by the local educational agency, unless
the parent of such student has submitted the
prior consent request under paragraph (2).
(2) Consent
(A) Opt-out process
A parent of a secondary school student
may submit a written request, to the local
educational agency, that the student’s
name, address, and telephone listing not be
released for purposes of paragraph (1) without prior written consent of the parent.
Upon receiving such request, the local educational agency may not release the student’s name, address, and telephone listing
for such purposes without the prior written
consent of the parent.
(B) Notification of opt-out process
Each local educational agency shall notify
the parents of the students served by the
agency of the option to make a request described in subparagraph (A).
(3) Same access to students
Each local educational agency receiving assistance under this chapter shall provide military recruiters the same access to secondary
school students as is provided to institutions
of higher education or to prospective employers of those students.
(4) Rule of construction prohibiting opt-in
processes
Nothing in this subsection shall be construed to allow a local educational agency to
withhold access to a student’s name, address,
and telephone listing from a military recruiter
or institution of higher education by imple-

§ 7909

menting an opt-in process or any other process
other than the written consent request process
under paragraph (2)(A).
(5) Parental consent
For purposes of this subsection, whenever a
student has attained 18 years of age, the permission or consent required of and the rights
accorded to the parents of the student shall
only be required of and accorded to the student.
(b) Notification
The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days
after December 10, 2015, notify school leaders,
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 to service in the Armed
Forces if the objection is verifiable through the
corporate or other organizational documents or
materials of that school.
(Pub. L. 89–10, title VIII, § 8528, formerly title IX,
§ 9528, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1983; renumbered title VIII,
§ 8528, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(6), 8025, Dec. 10, 2015, 129 Stat. 2088, 2089,
2114.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7908, Pub. L. 89–10, title IX, § 9208, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3802, related to Native Hawaiian special education programs, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 8025, added subsecs. (a) to (c)
and struck out former subsecs. (a) to (d) which related
to policy regarding access to student recruiting information, notification of requirements of this section,
exception for a private secondary school that maintains a religious objection to service in the Armed
Forces, and special rule regarding Connecticut State
law, respectively.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7909. 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 chapter to the
Secretary or to the recipient of any award may
be used to develop, incentivize, 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, including any assessment or testing materials

TITLE 20—EDUCATION

§ 7910

aligned to the Common Core State Standards
developed under the Common Core State Standards Initiative or any other academic standards
common to a significant number of States.
(b) Exceptions
Subsection (a) shall not apply to international
comparative assessments developed under the
authority of section 9543(a)(6) of this title and
administered to only a representative sample of
pupils in the United States and in foreign nations.
(Pub. L. 89–10, title VIII, § 8529, formerly title IX,
§ 9529, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1984; amended Pub. L.
107–279, title IV, § 404(d)(9), Nov. 5, 2002, 116 Stat.
1986; renumbered title VIII, § 8529, and amended
Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8026, Dec.
10, 2015, 129 Stat. 2088, 2089, 2115.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7909, Pub. L. 89–10, title IX, § 9209, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3803, related to Native Hawaiian curriculum development and teacher training and recruitment programs,
prior to the general amendment of former subchapter
IX of this chapter by Pub. L. 107–110.

Page 1662

Jan. 8, 2002, 115 Stat. 1984; renumbered title VIII,
§ 8530, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(6), 8027, Dec. 10, 2015, 129 Stat. 2088, 2089,
2116.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7910, Pub. L. 89–10, title IX, § 9210, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3804, related to Native Hawaiian community-based education learning centers, prior to the general amendment of former subchapter IX of this chapter by Pub.
L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95, § 8027(1), inserted ‘‘, principals, or
other school leaders’’ after ‘‘teachers’’ in section catchline.
Subsec. (a). Pub. L. 114–95, § 8027(3), inserted
‘‘, principals, other school leaders,’’ after ‘‘teachers’’
and ‘‘, or incentive regarding,’’ after ‘‘administration
of’’.
Pub. L. 114–95, § 8027(2), which directed amendment of
subsection heading by inserting ‘‘, principals, or other
school leaders’’ after ‘‘teachers’’, was executed by making the insertion in the heading of subsec. (a) to reflect
the probable intent of Congress.
Statutory Notes and Related Subsidiaries

AMENDMENTS

EFFECTIVE DATE OF 2015 AMENDMENT

2015—Pub. L. 114–95, § 8026, amended section generally.
Prior to amendment, section consisted of subsecs. (a)
and (b) relating to general prohibition on federally
sponsored testing and exceptions, respectively.
2002—Subsec. (b). Pub. L. 107–279 substituted ‘‘section
9543(a)(5) of this title’’ for ‘‘section 9003(a)(6) of this
title’’.

Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7910. Limitations on national testing or certification for teachers, principals, or other
school leaders
(a) Mandatory national testing or certification of
teachers, principals, or other school leaders
Notwithstanding any other provision of this
chapter or any other provision of law, no funds
available to the Department or otherwise available under this chapter may be used for any purpose relating to a mandatory nationwide test or
certification of teachers, principals, other
school leaders, or education paraprofessionals,
including any planning, development, implementation, or administration of, or incentive regarding, 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.
(Pub. L. 89–10, title VIII, § 8530, formerly title IX,
§ 9530, as added Pub. L. 107–110, title IX, § 901,

§ 7910a. Prohibition on requiring State participation
Any State that opts out of receiving funds, or
that has not been awarded funds, under one or
more programs under this chapter shall not be
required to carry out any of the requirements of
such program or programs, and nothing in this
chapter shall be construed to require a State to
participate in any program under this chapter.
(Pub. L. 89–10, title VIII, § 8530A, as added Pub.
L. 114–95, title VIII, § 8028, Dec. 10, 2015, 129 Stat.
2116.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7911. Prohibition on nationwide database
Nothing in this chapter (other than section
6398(b) of this title) 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 chapter.
(Pub. L. 89–10, title VIII, § 8531, formerly title IX,
§ 9531, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1984; renumbered title VIII,
§ 8531, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec.
10, 2015, 129 Stat. 2088, 2089.)

Page 1663

TITLE 20—EDUCATION
Editorial Notes
PRIOR PROVISIONS

A prior section 7911, Pub. L. 89–10, title IX, § 9211, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3804, set out administrative provisions, prior to the
general amendment of former subchapter IX of this
chapter by Pub. L. 107–110.

§ 7912. Unsafe school choice option
(a) Unsafe school choice policy
Each State receiving funds under this chapter
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.
(b) Certification
As a condition of receiving funds under this
chapter, a State shall certify in writing to the
Secretary that the State is in compliance with
this section.
(Pub. L. 89–10, title VIII, § 8532, formerly title IX,
§ 9532, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1984; renumbered title VIII,
§ 8532, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec.
10, 2015, 129 Stat. 2088, 2089.)

§ 7917

(b) Rule of construction
Nothing in this chapter 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 6311(d) of this
title and part C of subchapter IV, at the commencement of the entity’s participation in a
grant under section 6311(d) of this title or part C
of subchapter IV.
(Pub. L. 89–10, title VIII, § 8534, formerly title IX,
§ 9534, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII,
§ 8534, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(6), 8029, Dec. 10, 2015, 129 Stat. 2088, 2089,
2116.)
Editorial Notes
REFERENCES IN TEXT
The Education Amendments of 1972, referred to in
subsec. (a), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235,
as amended. Title IX of the Act, known as the Patsy
Takemoto Mink Equal Opportunity in Education Act,
is classified principally to chapter 38 (§ 1681 et seq.) of
this title. For complete classification of title IX to the
Code, see Short Title note set out under section 1681 of
this title and Tables.
AMENDMENTS
2015—Subsec. (b). Pub. L. 114–95, § 8029, substituted
‘‘as defined in section 6311(d) of this title and part C of
subchapter IV’’ for ‘‘as defined in section 6316 of this
title and part B of subchapter V’’ and ‘‘grant under section 6311(d) of this title or part C of subchapter IV’’ for
‘‘grant under section 6316 of this title or part B of subchapter V’’.
Statutory Notes and Related Subsidiaries

Editorial Notes

EFFECTIVE DATE OF 2015 AMENDMENT

PRIOR PROVISIONS

Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

A prior section 7912, Pub. L. 89–10, title IX, § 9212, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3805, defined terms, prior to the general amendment of
former subchapter IX of this chapter by Pub. L. 107–110.

§ 7913. Prohibition on discrimination
Nothing in this chapter 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.
(Pub. L. 89–10, title VIII, § 8533, formerly title IX,
§ 9533, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII,
§ 8533, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec.
10, 2015, 129 Stat. 2088, 2089.)
§ 7914. Civil rights
(a) In general
Nothing in this chapter 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 [20 U.S.C. 1681 et seq.]), national
origin, or disability in any program funded
under this chapter.

§ 7915. Rulemaking
The Secretary shall issue regulations under
this chapter only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements and assurances required by this chapter.
(Pub. L. 89–10, title VIII, § 8535, formerly title IX,
§ 9535, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII,
§ 8535, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec.
10, 2015, 129 Stat. 2088, 2089.)
§ 7916. Severability
If any provision of this chapter is held invalid,
the remainder of this chapter shall be unaffected
thereby.
(Pub. L. 89–10, title VIII, § 8536, formerly title IX,
§ 9536, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII,
§ 8536, Pub. L. 114–95, title VIII, § 8001(a)(6), Dec.
10, 2015, 129 Stat. 2088, 2089.)
§ 7917. Transfer of school disciplinary records
(a) Nonapplication of provisions
This section shall not apply to any disciplinary records with respect to a suspension or ex-

TITLE 20—EDUCATION

§ 7918

pulsion 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 January 8, 2002, each
State receiving Federal funds under this chapter
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.
(Pub. L. 89–10, title VIII, § 8537, formerly title IV,
§ 4155, as added Pub. L. 107–110, title IV, § 401,
Jan. 8, 2002, 115 Stat. 1765; renumbered title IX,
§ 9537, renumbered title VIII, § 8537, Pub. L.
114–95, title IV, § 4001(a)(3), title VIII, § 8001(a)(6),
Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.)
Editorial Notes
REFERENCES IN TEXT
The Family Educational Rights and Privacy Act of
1974, referred to in subsec. (b), is section 513 of Pub. L.
93–380, title V, Aug. 21, 1974, 88 Stat. 571, which enacted
section 1232g of this title and provisions set out as
notes under sections 1221 and 1232g of this title. For
complete classification of this Act to the Code, see
Short Title of 1974 Amendment note set out under section 1221 of this title and Tables.
CODIFICATION
Section was classified to section 7165 of this title
prior to renumbering by Pub. L. 114–95.

§ 7918. Consultation with Indian tribes and tribal
organizations
(a) In general
To ensure timely and meaningful consultation
on issues affecting American Indian and Alaska
Native students, an affected local educational
agency shall consult with appropriate officials
from Indian tribes or tribal organizations approved by the tribes located in the area served
by the local educational agency prior to the affected local educational agency’s submission of
a required plan or application for a covered program under this chapter or for a program under
subchapter VI of this chapter. Such consultation
shall be done in a manner and in such time that
provides the opportunity for such appropriate
officials from Indian tribes or tribal organizations to meaningfully and substantively contribute to such plan.
(b) Documentation
Each affected local educational agency shall
maintain in the agency’s records and provide to
the State educational agency a written affirmation signed by the appropriate officials of the
participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a
reasonable period of time, the affected local edu-

Page 1664

cational agency shall forward documentation
that such consultation has taken place to the
State educational agency.
(c) Definitions
In this section:
(1) Affected local educational agency
The term ‘‘affected local educational agency’’ means a local educational agency—
(A) with an enrollment of American Indian
or Alaska Native students that is not less
than 50 percent of the total enrollment of
the local educational agency; or
(B) that—
(i) for fiscal year 2017, received a grant in
the previous year under subpart 1 of part A
of title VII 1 (as such subpart was in effect
on the day before December 10, 2015) that
exceeded $40,000; or
(ii) for any fiscal year following fiscal
year 2017, received a grant in the previous
fiscal year under subpart 1 of part A of
subchapter VI that exceeded $40,000.
(2) Appropriate officials
The term ‘‘appropriate officials’’ means—
(A) tribal officials who are elected; or
(B) appointed tribal leaders or officials
designated in writing by an Indian tribe for
the specific consultation purpose under this
section.
(d) Rule of construction
Nothing in this section shall be construed—
(1) to require the local educational agency to
determine who are the appropriate officials; or
(2) to make the local educational agency liable for consultation with appropriate officials
that the tribe determines not to be the correct
appropriate officials.
(e) Limitation
Consultation required under this section shall
not interfere with the timely submission of the
plans or applications required under this chapter.
(Pub. L. 89–10, title VIII, § 8538, as added Pub. L.
114–95, title VIII, § 8030, Dec. 10, 2015, 129 Stat.
2116.)
Editorial Notes
REFERENCES IN TEXT
Subpart 1 of part A of title VII (as such subpart was
in effect on the day before December 10, 2015), referred
to in subsec. (c)(1)(B)(i), means subpart 1 of part A of
title VII of Pub. L. 89–10, which was classified generally
to subpart 1 (§ 7421 et seq.) of part A of subchapter VII
of this chapter prior to being redesignated as subpart 1
of part A of title VI of Pub. L. 89–10 and amended by
Pub. L. 114–95, title VI, §§ 6001(a), 6002(c)–(j), Dec. 10,
2015, 129 Stat. 2046–2049, 2052–2054, and transferred to
subpart 1 (§ 7421 et seq.) of part A of subchapter VI of
this chapter.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Ef1 See

References in Text note below.

Page 1665

TITLE 20—EDUCATION

fective Date of 2015 Amendment note under section 6301
of this title.

§ 7919. Outreach and technical assistance for
rural local educational agencies

§ 7923

grams, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7921. Local governance

(a) Outreach
The Secretary shall engage in outreach to
rural local educational agencies regarding opportunities to apply for competitive grant programs under this chapter.
(b) Technical assistance
If requested to do so, the Secretary shall provide technical assistance to rural local educational agencies with locale codes 32, 33, 41, 42,
or 43, or an educational service agency representing rural local educational agencies with
locale codes 32, 33, 41, 42, or 43 on applications or
pre-applications for any competitive grant program under this chapter. No rural local educational agency or educational service agency
shall be required to request technical assistance
or include any technical assistance provided by
the Secretary in any application.

(a) Rule of construction
Nothing in this chapter shall be construed to
allow the Secretary to—
(1) exercise any governance or authority
over school administration, including the development and expenditure of school budgets,
unless otherwise authorized under this chapter;
(2) issue any regulation without first complying with the rulemaking requirements of
section 553 of title 5; or
(3) issue any nonregulatory guidance without first, to the extent feasible, considering
input from stakeholders.
(b) Authority under other law
Nothing in subsection (a) shall be construed to
affect any authority the Secretary has under
any other Federal law.

(Pub. L. 89–10, title VIII, § 8539, as added Pub. L.
114–95, title VIII, § 8031, Dec. 10, 2015, 129 Stat.
2117.)

(Pub. L. 89–10, title VIII, § 8541, as added Pub. L.
114–95, title VIII, § 8033, Dec. 10, 2015, 129 Stat.
2118.)

Statutory Notes and Related Subsidiaries

Statutory Notes and Related Subsidiaries

EFFECTIVE DATE

EFFECTIVE DATE

Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7920. Consultation with the Governor

§ 7922. Rule of construction regarding travel to
and from school

(a) In general
A State educational agency shall consult in a
timely and meaningful manner with the Governor, or appropriate officials from the Governor’s office, in the development of State plans
under subchapters I and II and section 7842 of
this title.
(b) Timing
The consultation described in subsection (a)
shall include meetings of officials from the
State educational agency and the Governor’s office and shall occur—
(1) during the development of such plan; and
(2) prior to submission of the plan to the
Secretary.
(c) Joint signature authority
A Governor shall have 30 days prior to the
State educational agency submitting the State
plan under subchapter I or II or section 7842 of
this title to the Secretary to sign such plan. If
the Governor has not signed the plan within 30
days of delivery by the State educational agency
to the Governor, the State educational agency
shall submit the plan to the Secretary without
such signature.
(Pub. L. 89–10, title VIII, § 8540, as added Pub. L.
114–95, title VIII, § 8032, Dec. 10, 2015, 129 Stat.
2118.)

(a) In general
Subject to subsection (b), nothing in this
chapter shall authorize the Secretary to, or
shall be construed to—
(1) prohibit a child from traveling to and
from school on foot or by car, bus, or bike
when the parents of the child have given permission; or
(2) expose parents to civil or criminal
charges for allowing their child to responsibly
and safely travel to and from school by a
means the parents believe is age appropriate.
(b) No preemption of State or local laws
Notwithstanding subsection (a), nothing in
this section shall be construed to preempt State
or local laws.
(Pub. L. 89–10, title VIII, § 8542, as added Pub. L.
114–95, title VIII, § 8034, Dec. 10, 2015, 129 Stat.
2118.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

EFFECTIVE DATE

§ 7923. Limitations on school-based health centers

Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive pro-

Notwithstanding section 7802 of this title,
funds used for activities under this chapter shall

Statutory Notes and Related Subsidiaries

TITLE 20—EDUCATION

§ 7924

be carried out in accordance with the provision
of section 280h–5(a)(3)(C) of title 42.
(Pub. L. 89–10, title VIII, § 8543, as added Pub. L.
114–95, title VIII, § 8035, Dec. 10, 2015, 129 Stat.
2119.)

Page 1666

issues of student privacy, including those under
this chapter, and ensure that students’ personally identifiable information is protected.
(Pub. L. 89–10, title VIII, § 8545, as added Pub. L.
114–95, title VIII, § 8037, Dec. 10, 2015, 129 Stat.
2119.)

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7924. State control over standards
(a) In general
Nothing in this chapter shall be construed to
prohibit a State from withdrawing from the
Common Core State Standards or from otherwise revising their standards.
(b) Prohibition
No officer or employee of the Federal Government shall, directly or indirectly, through
grants, contracts or other cooperative agreements, through waiver granted under section
7861 of this title or through any other authority,
take any action against a State that exercises
its rights under subsection (a).
(Pub. L. 89–10, title VIII, § 8544, as added Pub. L.
114–95, title VIII, § 8036, Dec. 10, 2015, 129 Stat.
2119.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7925. Sense of Congress on protecting student
privacy
(a) Findings
The Congress finds as follows:
(1) Students’ personally identifiable information is important to protect.
(2) Students’ information should not be
shared with individuals other than school officials in charge of educating those students
without clear notice to parents.
(3) With the use of more technology, and
more research about student learning, the responsibility to protect students’ personally
identifiable information is more important
than ever.
(4) Regulations allowing more access to students’ personal information could allow that
information to be shared or sold by individuals
who do not have the best interest of the students in mind.
(5) The Secretary has the responsibility to
ensure every entity that receives funding
under this chapter holds any personally identifiable information in strict confidence.
(b) Sense of Congress
It is the sense of the Congress that the Secretary should review all regulations addressing

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7926. Prohibition on aiding and abetting sexual
abuse
(a) In general
A State, State educational agency, or local
educational agency in the case of a local educational agency that receives Federal funds
under this chapter shall have laws, regulations,
or policies that prohibit any individual who is a
school employee, contractor, or agent, or any
State educational agency or local educational
agency, from assisting a school employee, contractor, or agent in obtaining a new job, apart
from the routine transmission of administrative
and personnel files, if the individual or agency
knows, or has probable cause to believe, that
such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or
student in violation of the law.
(b) Exception
The requirements of subsection (a) shall not
apply if the information giving rise to probable
cause—
(1)(A) has been properly reported to a law
enforcement agency with jurisdiction over the
alleged misconduct; and
(B) has been properly reported to any other
authorities as required by Federal, State, or
local law, including title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) and
the regulations implementing such title under
part 106 of title 34, Code of Federal Regulations, or any succeeding regulations; and
(2)(A) the matter has been officially closed
or the prosecutor or police with jurisdiction
over the alleged misconduct has investigated
the allegations and notified school officials
that there is insufficient information to establish probable cause that the school employee,
contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law;
(B) the school employee, contractor, or
agent has been charged with, and acquitted or
otherwise exonerated of the alleged misconduct; or
(C) the case or investigation remains open
and there have been no charges filed against,
or indictment of, the school employee, contractor, or agent within 4 years of the date on
which the information was reported to a law
enforcement agency.
(c) Prohibition
The Secretary shall not have the authority to
mandate, direct, or control the specific meas-

Page 1667

TITLE 20—EDUCATION

ures adopted by a State, State educational agency, or local educational agency under this section.
(d) Construction
Nothing in this section shall be construed to
prevent a State from adopting, or to override a
State law, regulation, or policy that provides,
greater or additional protections to prohibit any
individual who is a school employee, contractor,
or agent, or any State educational agency or
local educational agency, from assisting a
school employee who engaged in sexual misconduct regarding a minor or student in violation of the law in obtaining a new job.
(Pub. L. 89–10, title VIII, § 8546, as added Pub. L.
114–95, title VIII, § 8038, Dec. 10, 2015, 129 Stat.
2120.)
Editorial Notes
REFERENCES IN TEXT
The Education Amendments of 1972, referred to in
subsec. (b)(1)(B), is Pub. L. 92–318, June 23, 1972, 86 Stat.
235. Title IX of the Act, known as the Patsy Takemoto
Mink Equal Opportunity in Education Act, is classified
principally to chapter 38 (§ 1681 et seq.) of this title. For
complete classification of title IX to the Code, see
Short Title note set out under section 1681 of this title
and Tables.
Statutory Notes and Related Subsidiaries

§ 7930

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7929. Analysis and periodic review of departmental guidance
The Secretary shall develop procedures for the
approval and periodic review of significant guidance documents that include—
(1) appropriate approval processes within the
Department;
(2) appropriate identification of the agency
or office issuing the documents, the activities
to which and the persons to whom the documents apply, and the date of issuance;
(3) a publicly available list to identify those
significant guidance documents that were
issued, revised, or withdrawn within the past
year; and
(4) an opportunity for the public to request
that an agency modify or rescind an existing
significant guidance document.
(Pub. L. 89–10, title VIII, § 8549, as added Pub. L.
114–95, title VIII, § 8041, Dec. 10, 2015, 129 Stat.
2121.)
Statutory Notes and Related Subsidiaries

EFFECTIVE DATE

EFFECTIVE DATE

Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7927. Sense of Congress on restoration of State
sovereignty over public education

§ 7930. Sense of Congress

It is the Sense of Congress that State and
local officials should be consulted and made
aware of the requirements that accompany participation in activities authorized under this
chapter prior to a State or local educational
agency’s request to participate in such activities.
(Pub. L. 89–10, title VIII, § 8547, as added Pub. L.
114–95, title VIII, § 8039, Dec. 10, 2015, 129 Stat.
2121.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7928. Privacy
The Secretary shall require an assurance that
each grantee receiving funds under this chapter
understands the importance of privacy protections for students and is aware of the responsibilities of the grantee under section 1232g of
this title (commonly known as the ‘‘Family
Education Rights and Privacy Act of 1974’’).
(Pub. L. 89–10, title VIII, § 8548, as added Pub. L.
114–95, title VIII, § 8040, Dec. 10, 2015, 129 Stat.
2121.)

(a) Findings
The Congress finds as follows:
(1) This chapter prohibits the Federal Government from mandating, directing, or controlling a State, local educational agency, or
school’s curriculum, program of instruction,
or allocation of State and local resources, and
from mandating a State or any subdivision
thereof to spend any funds or incur any costs
not paid for under this chapter.
(2) This chapter prohibits the Federal Government from funding the development, pilot
testing, field testing, implementation, administration, or distribution of any federally
sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law.
(b) Sense of Congress
It is the sense of the Congress that States and
local educational agencies retain the rights and
responsibilities of determining educational curriculum, programs of instruction, and assessments for elementary and secondary education.
(Pub. L. 89–10, title VIII, § 8549A, as added Pub.
L. 114–95, title VIII, § 8041, Dec. 10, 2015, 129 Stat.
2121.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive pro-

TITLE 20—EDUCATION

§ 7931

Page 1668

grams, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

3805, set forth findings, prior to the general amendment
of former subchapter IX of this chapter by Pub. L.
107–110.

§ 7931. Sense of Congress on early learning and
child care

Statutory Notes and Related Subsidiaries

It is the Sense of the Congress that a State retains the right to make decisions, free from Federal intrusion, concerning its system of early
learning and child care, and whether or not to
use funding under this chapter to offer early
childhood education programs. Such systems
should continue to include robust choice for parents through a mixed delivery system of services
so parents can determine the right early learning and child care option for their children.
States, while protecting the rights of early
learning and child care providers, retain the
right to make decisions that shall include the
age at which to set compulsory attendance in
school, the content of a State’s early learning
guidelines, and how to determine quality in programs.
(Pub. L. 89–10, title VIII, § 8549B, as added Pub.
L. 114–95, title VIII, § 8041, Dec. 10, 2015, 129 Stat.
2122.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7931, Pub. L. 89–10, title IX, § 9301, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3805, set forth short title of the Alaska Native Educational Equity, Support and Assistance Act, prior to
the general amendment of former subchapter IX of this
chapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

§ 7933. Preventing improper use of taxpayer
funds
To address the misuse of taxpayer funds, the
Secretary of Education shall—
(1) require that each recipient of a grant or
subgrant under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.)
display, in a public place, the hotline contact
information of the Office of Inspector General
of the Department of Education so that any
individual who observes, detects, or suspects
improper use of taxpayer funds can easily report such improper use;
(2) annually notify employees of the Department of Education of their responsibility to
report fraud; and
(3) require any applicant—
(A) for a grant under such Act to provide
an assurance to the Secretary that any information submitted when applying for such
grant and responding to monitoring and
compliance reviews is truthful and accurate;
and
(B) for a subgrant under such Act to provide the assurance described in subparagraph (A) to the entity awarding the
subgrant.
(Pub. L. 114–95, title IX, § 9203, Dec. 10, 2015, 129
Stat. 2138.)
Editorial Notes
REFERENCES IN TEXT

§ 7932. Technical assistance
If requested by a State or local educational
agency, a regional educational laboratory under
part D of the Education Sciences Reform Act of
2002 (20 U.S.C. 9561 et seq.) shall provide technical assistance to such State or local educational agency in meeting the requirements of
section 7801(21) of this title.
(Pub. L. 89–10, title VIII, § 8549C, as added Pub.
L. 114–95, title VIII, § 8041, Dec. 10, 2015, 129 Stat.
2122.)

The Elementary and Secondary Education Act of 1965
and such Act, referred to in pars. (1) and (3), are Pub.
L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified
generally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out
under section 6301 of this title and Tables.
CODIFICATION
Section was enacted as part of the Every Student
Succeeds Act, and not as part of the Elementary and
Secondary Education Act of 1965 which comprises this
chapter.
PRIOR PROVISIONS

Editorial Notes
REFERENCES IN TEXT
The Education Sciences Reform Act of 2002, referred
to in text, is title I of Pub. L. 107–279, Nov. 5, 2002, 116
Stat. 1941. Part D of the Act is classified generally to
part D (§ 9561 et seq.) of subchapter I of chapter 76 of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 9501 of
this title and Tables.
PRIOR PROVISIONS
A prior section 7932, Pub. L. 89–10, title IX, § 9302, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

A prior section 7933, Pub. L. 89–10, title IX, § 9303, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3806, stated purpose of former part C of subchapter IX
of this chapter, prior to the general amendment of
former subchapter IX of this chapter by Pub. L. 107–110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

Page 1669

TITLE 20—EDUCATION

§ 7943

§ 7934. Accountability to taxpayers through monitoring and oversight

Statutory Notes and Related Subsidiaries

To improve monitoring and oversight of taxpayer funds authorized for appropriation under
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.), and to deter and prohibit waste, fraud, and abuse with respect to
such funds, the Secretary of Education shall—
(1) notify each recipient of a grant under
such Act (and, if applicable, require the grantee to inform each subgrantee) of its responsibility to—
(A) comply with all monitoring requirements under the applicable program or programs; and
(B) monitor properly any subgrantee under
the applicable program or programs;

Section effective Dec. 10, 2015, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301
of this title.

(2) review and analyze the results of monitoring and compliance reviews—
(A) to understand trends and identify common issues; and
(B) to issue guidance to help grantees address such issues before the loss or misuse of
taxpayer funding occurs;
(3) publicly report the work undertaken by
the Secretary to prevent fraud, waste, and
abuse with respect to such taxpayer funds; and
(4) work with the Office of Inspector General
of the Department of Education, as needed, to
help ensure that employees of the Department
understand how to adequately monitor grantees and to help grantees adequately monitor
any subgrantees.
(Pub. L. 114–95, title IX, § 9204, Dec. 10, 2015, 129
Stat. 2138.)
Editorial Notes
REFERENCES IN TEXT
The Elementary and Secondary Education Act of 1965
and such Act, referred to in text, are Pub. L. 89–10, Apr.
11, 1965, 79 Stat. 27, which is classified generally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 6301 of
this title and Tables.
CODIFICATION
Section was enacted as part of the Every Student
Succeeds Act, and not as part of the Elementary and
Secondary Education Act of 1965 which comprises this
chapter.
PRIOR PROVISIONS
Prior sections 7934 to 7938 were omitted in the general
amendment of former subchapter IX of this chapter by
Pub. L. 107–110.
Section 7934, Pub. L. 89–10, title IX, § 9304, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3806,
related to Alaska Native educational planning, curriculum development, and teacher training and recruitment programs.
Section 7935, Pub. L. 89–10, title IX, § 9305, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3807,
related to Alaska Native home based education for preschool children.
Section 7936, Pub. L. 89–10, title IX, § 9306, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3808,
related to Alaska Native student enrichment programs.
Section 7937, Pub. L. 89–10, title IX, § 9307, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3809,
set forth administrative provisions.
Section 7938, Pub. L. 89–10, title IX, § 9308, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3809,
defined terms.

EFFECTIVE DATE

SUBPART 3—TEACHER LIABILITY PROTECTION

Editorial Notes
CODIFICATION
Pub. L. 114–95, title II, § 2001(a)(3)(A)–(C), title VIII,
§ 8001(a), (b)(1), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089, redesignated subpart 5 (§ 6731 et seq.) of part C of subchapter II of this chapter as subpart 3 of part F of this
subchapter.

§ 7941. Short title
This subpart may be cited as the ‘‘Paul D.
Coverdell Teacher Protection Act of 2001’’.
(Pub. L. 89–10, title VIII, § 8551, formerly title II,
§ 2361, as added Pub. L. 107–110, title II, § 201, Jan.
8, 2002, 115 Stat. 1667; renumbered title IX, § 9541,
renumbered title VIII, § 8551, Pub. L. 114–95, title
II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7),
Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)
Editorial Notes
CODIFICATION
Section was classified to section 6731 of this title
prior to renumbering by Pub. L. 114–95.
PRIOR PROVISIONS
A prior section 7941, Pub. L. 89–10, title IX, § 9601, as
added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115
Stat. 1985, which related to evaluations, was renumbered section 8601 of title VIII of Pub. L. 89–10 by Pub.
L. 114–95, title VIII, § 8001(a)(10), Dec. 10, 2015, 129 Stat.
2088, 2089, and transferred to section 7981 of this title.

§ 7942. Purpose
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.
(Pub. L. 89–10, title VIII, § 8552, formerly title II,
§ 2362, as added Pub. L. 107–110, title II, § 201, Jan.
8, 2002, 115 Stat. 1667; renumbered title IX, § 9542,
renumbered title VIII, § 8552, Pub. L. 114–95, title
II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7),
Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)
Editorial Notes
CODIFICATION
Section was classified to section 6732 of this title
prior to renumbering by Pub. L. 114–95.

§ 7943. Definitions
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

TITLE 20—EDUCATION

§ 7944

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 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).
(Pub. L. 89–10, title VIII, § 8553, formerly title II,
§ 2363, as added Pub. L. 107–110, title II, § 201, Jan.
8, 2002, 115 Stat. 1667; renumbered title IX, § 9543,
renumbered title VIII, § 8553, Pub. L. 114–95, title
II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7),
Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)
Editorial Notes
CODIFICATION
Section was classified to section 6733 of this title
prior to renumbering by Pub. L. 114–95.

§ 7944. Applicability
This subpart shall only apply to States that
receive funds under this chapter, and shall apply
to such a State as a condition of receiving such
funds.
(Pub. L. 89–10, title VIII, § 8554, formerly title II,
§ 2364, as added Pub. L. 107–110, title II, § 201, Jan.
8, 2002, 115 Stat. 1668; renumbered title IX, § 9544,
renumbered title VIII, § 8554, Pub. L. 114–95, title

Page 1670

II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7),
Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)
Editorial Notes
CODIFICATION
Section was classified to section 6734 of this title
prior to renumbering by Pub. L. 114–95.

§ 7945. 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.
(Pub. L. 89–10, title VIII, § 8555, formerly title II,
§ 2365, as added Pub. L. 107–110, title II, § 201, Jan.
8, 2002, 115 Stat. 1668; renumbered title IX, § 9545,
renumbered title VIII, § 8555, Pub. L. 114–95, title
II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7),
Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)
Editorial Notes
CODIFICATION
Section was classified to section 6735 of this title
prior to renumbering by Pub. L. 114–95.

§ 7946. 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,
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

Page 1671

TITLE 20—EDUCATION

(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.
(3) A State 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 entity unless 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) or
act of international terrorism (as that term
is defined in section 2331 of title 18) for
which the defendant has been convicted in
any court;
(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 mis-

§ 7947

conduct 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.
(Pub. L. 89–10, title VIII, § 8556, formerly title II,
§ 2366, as added Pub. L. 107–110, title II, § 201, Jan.
8, 2002, 115 Stat. 1668; renumbered title IX, § 9546,
renumbered title VIII, § 8556, and amended Pub.
L. 114–95, title II, § 2001(a)(1), (3)(A), (B), (D), title
VIII, § 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088,
2089.)
Editorial Notes
CODIFICATION
Section was classified to section 6736 of this title
prior to renumbering by Pub. L. 114–95.
AMENDMENTS
2015—Pub. L. 114–95, § 2001(a)(1), struck out undesignated par. following par. (2) which read as follows: ‘‘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.’’
Subsec. (b)(3). Pub. L. 114–95, § 2001(a)(1), added par.
(3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7947. Allocation
economic loss

of

responsibility

for

non-

(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.

TITLE 20—EDUCATION

§ 7948
(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.
(Pub. L. 89–10, title VIII, § 8557, formerly title II,
§ 2367, as added Pub. L. 107–110, title II, § 201, Jan.
8, 2002, 115 Stat. 1670; renumbered title IX, § 9547,
renumbered title VIII, § 8557, Pub. L. 114–95, title
II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7),
Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)
Editorial Notes
CODIFICATION
Section was classified to section 6737 of this title
prior to renumbering by Pub. L. 114–95.

§ 7948. Effective date
(a) In general
This subpart shall take effect 90 days after
January 8, 2002.
(b) Application
This subpart applies to any claim for harm
caused by an act or omission of a teacher if that
claim is filed 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.
(Pub. L. 89–10, title VIII, § 8558, formerly title II,
§ 2368, as added Pub. L. 107–110, title II, § 201, Jan.
8, 2002, 115 Stat. 1670; renumbered title IX, § 9548,
renumbered title VIII, § 8558, Pub. L. 114–95, title
II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7),
Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)
Editorial Notes
REFERENCES IN TEXT
For the effective date of the No Child Left Behind Act
of 2001, referred to in subsec. (b), see section 5 of Pub.
L. 107–110, set out as an Effective Date note under section 6301 of this title.
CODIFICATION
Section was classified to section 6738 of this title
prior to renumbering by Pub. L. 114–95.
SUBPART 4—GUN POSSESSION

Editorial Notes
CODIFICATION
Pub. L. 114–95, title IV, § 4001(a)(2)(A)–(C), title VIII,
§ 8001(a), (b)(1), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089, re-

Page 1672

designated subpart 3 (§ 7151) of part A of subchapter IV
of this chapter as subpart 4 of part F of this subchapter.

§ 7961. Gun-free requirements
(a) Short title
This subpart may be cited as the ‘‘Gun-Free
Schools Act’’.
(b) Requirements
(1) In general
Each State receiving Federal funds under
any subchapter of this chapter 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.
(c) Special rule
The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act [20 U.S.C.
1400 et seq.].
(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 subchapter of this chapter
shall provide to the State, in the application requesting such assistance—
(1) an assurance that such local educational
agency is in compliance with the State law required by subsection (b); and
(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 ap-

Page 1673

TITLE 20—EDUCATION

proved 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
subchapter of this chapter to any local educational agency unless such agency has a policy requiring referral to the criminal justice
or juvenile delinquency system of any student
who brings a firearm or weapon to a school
served by such agency.
(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.
(Pub. L. 89–10, title VIII, § 8561, formerly title IV,
§ 4141, as added Pub. L. 107–110, title IV, § 401,
Jan. 8, 2002, 115 Stat. 1762; renumbered title IX,
§ 9551, renumbered title VIII, § 8561, Pub. L.
114–95, title IV, § 4001(a)(2)(A), (B), (D), title VIII,
§ 8001(a)(8), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in subsec. (c), is title VI of Pub. L. 91–230, Apr.
13, 1970, 84 Stat. 175, which is classified generally to
chapter 33 (§ 1400 et seq.) of this title. For complete
classification of this Act to the Code, see section 1400
of this title and Tables.
CODIFICATION
Section was classified to section 7151 of this title
prior to renumbering by Pub. L. 114–95.
SUBPART 5—ENVIRONMENTAL TOBACCO SMOKE

Editorial Notes
CODIFICATION
Pub. L. 114–95, title IV, § 4001(a)(4)(A)–(C)(i), title
VIII, § 8001(a), (b)(1), Dec. 10, 2015, 129 Stat. 1966, 2088,
2089, redesignated part C (§ 7181 et seq.) of subchapter IV
of this chapter as subpart 5 of part F of this subchapter.
Similar provisions relating to environmental tobacco
smoke are contained in part B (§ 6081 et seq.) of subchapter X of chapter 68 of this title.

§ 7971. Short title
This subpart 1 may be cited as the ‘‘Pro-Children Act of 2001’’.
(Pub. L. 89–10, title VIII, § 8571, formerly title IV,
§ 4301, as added Pub. L. 107–110, title IV, § 401,
Jan. 8, 2002, 115 Stat. 1773; renumbered title IX,
§ 9561, renumbered title VIII, § 8571, Pub. L.
114–95, title IV, § 4001(a)(4)(A), (B), (C)(ii), title
VIII, § 8001(a)(9), Dec. 10, 2015, 129 Stat. 1966, 2088,
2089.)
1 See

References in Text note below.

§ 7972
Editorial Notes
REFERENCES IN TEXT

This subpart, referred to in text, was in the original
‘‘this part’’, and was translated as reading ‘‘this subpart’’, to reflect the probable intent of Congress. Pub.
L. 114–95 redesignated part C of title IV of Pub. L. 89–10
as subpart 5 of part F of title VIII of Pub. L. 89–10,
which is classified to this subpart.
CODIFICATION
Section was classified to section 7181 of this title
prior to renumbering by Pub. L. 114–95.

§ 7972. Definitions
As used in this subpart: 1
(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 January 8, 2002,
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
[42 U.S.C. 1395 et seq., 1396 et seq.]); 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 [42 U.S.C.
1786(b)(6)]; 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 subpart,1
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
[42 U.S.C. 1771 et seq.].
(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.
(5) Secretary
The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
1 See

References in Text note below.

TITLE 20—EDUCATION

§ 7973

(Pub. L. 89–10, title VIII, § 8572, formerly title IV,
§ 4302, as added Pub. L. 107–110, title IV, § 401,
Jan. 8, 2002, 115 Stat. 1773; renumbered title IX,
§ 9562, renumbered title VIII, § 8572, Pub. L.
114–95, title IV, § 4001(a)(4)(A), (B), (C)(ii), title
VIII, § 8001(a)(9), Dec. 10, 2015, 129 Stat. 1966, 2088,
2089.)
Editorial Notes
REFERENCES IN TEXT
This subpart, referred to in text, was in the original
‘‘this part’’, and was translated as reading ‘‘this subpart’’, to reflect the probable intent of Congress. Pub.
L. 114–95 redesignated part C of title IV of Pub. L. 89–10
as subpart 5 of part F of title VIII of Pub. L. 89–10,
which is classified to this subpart.
The Child Nutrition Act of 1966, referred to in par. (2),
is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 1771 of Title 42 and Tables.
The Social Security Act, referred to in par. (2)(A)(i),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and
XIX of the Act are classified generally to subchapters
XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
CODIFICATION
Section was classified to section 7182 of this title
prior to renumbering by Pub. L. 114–95.

§ 7973. Nonsmoking policy for children’s services
(a) Prohibition
After January 8, 2002, 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 January 8, 2002, 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 education programs.
(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 January 8, 2002, 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.

Page 1674

(2) Health or day care or early childhood education programs
(A) In general
After January 8, 2002, 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 education programs 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 January 8, 2002, whichever occurs
first.
(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 subchapter of this
chapter 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. Before making such assessment or issuing such
order, or both, the Secretary shall give written notice of the assessment or order to such

Page 1675

TITLE 20—EDUCATION

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 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

§ 7974

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.
(Pub. L. 89–10, title VIII, § 8573, formerly title IV,
§ 4303, as added Pub. L. 107–110, title IV, § 401,
Jan. 8, 2002, 115 Stat. 1774; renumbered title IX,
§ 9563, renumbered title VIII, § 8573, and amended
Pub. L. 114–95, title IV, § 4001(a)(1), (4)(A), (B),
(C)(ii), title VIII, § 8001(a)(9), Dec. 10, 2015, 129
Stat. 1966, 2088, 2089.)
Editorial Notes
CODIFICATION
Section was classified to section 7183 of this title
prior to renumbering by Pub. L. 114–95.
AMENDMENTS
2015—Subsec. (b)(1). Pub. L. 114–95, § 4001(a)(1)(A), substituted ‘‘early childhood education programs’’ for
‘‘early childhood development (Head Start) services’’.
Subsec. (c)(2). Pub. L. 114–95, § 4001(a)(1)(B)(i), substituted ‘‘education programs’’ for ‘‘development services’’ in heading.
Subsec. (c)(2)(A). Pub. L. 114–95, § 4001(a)(1)(B)(ii), substituted ‘‘education programs’’ for ‘‘development (Head
Start) services’’.
Subsec. (e)(3)(C). Pub. L. 114–95, § 4001(a)(1)(C), added
subpar. (C) and struck out former subpar. (C) which was
missing an opening parenthesis before the subpar. designation and read as follows: ‘‘such other matters as
justice may require.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

§ 7974. Preemption
Nothing in this subpart 1 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 subpart.1
(Pub. L. 89–10, title VIII, § 8574, formerly title IV,
§ 4304, as added Pub. L. 107–110, title IV, § 401,
Jan. 8, 2002, 115 Stat. 1776; renumbered title IX,
§ 9564, renumbered title VIII, § 8574, Pub. L.
114–95, title IV, § 4001(a)(4)(A), (B), (C)(ii), title
VIII, § 8001(a)(9), Dec. 10, 2015, 129 Stat. 1966, 2088,
2089.)
Editorial Notes
REFERENCES IN TEXT
This subpart, referred to in text, was in the original
‘‘this part’’, and was translated as reading ‘‘this subpart’’, to reflect the probable intent of Congress. Pub.
1 See

References in Text note below.

TITLE 20—EDUCATION

§ 7981

L. 114–95 redesignated part C of title IV of Pub. L. 89–10
as subpart 5 of part F of title VIII of Pub. L. 89–10,
which is classified to this subpart.
CODIFICATION
Section was classified to section 7184 of this title
prior to renumbering by Pub. L. 114–95.

PART G—EVALUATIONS
Editorial Notes
CODIFICATION
Pub. L. 114–95, title VIII, § 8001(a), (b)(1), Dec. 10, 2015,
129 Stat. 2088, 2089, redesignated part F (§ 7941) of subchapter IX of this chapter as part G of this subchapter.

§ 7981. Evaluations
(a) Reservation of funds
Except as provided in subsection 1 (b) and (e),
the Secretary, in consultation with the Director
of the Institute of Education Sciences, may reserve not more than 0.5 percent of the amount
appropriated for each program authorized under
this chapter to carry out activities under this
section. If the Secretary elects to make a reservation under this subsection, the reserved
amounts—
(1) shall first be used by the Secretary, acting through the Director of the Institute of
Education Sciences, to—
(A) conduct comprehensive, high-quality
evaluations of the programs that—
(i) are consistent with the evaluation
plan under subsection (d); and
(ii) primarily include impact evaluations
that use experimental or quasi-experimental designs, where practicable and appropriate, and other rigorous methodologies that permit the strongest possible
causal inferences;
(B) conduct studies of the effectiveness of
the programs and the administrative impact
of the programs on schools and local educational agencies; and
(C) widely disseminate evaluation findings
under this section related to programs authorized under this chapter—
(i) in a timely fashion;
(ii) in forms that are understandable,
easily accessible, usable, and adaptable for
use in the improvement of educational
practice;
(iii) through electronic transfer and
other means, such as posting, as available,
to the websites of State educational agencies, local educational agencies, the Institute of Education Sciences, or the Department, or in another relevant place; and
(iv) in a manner that promotes the utilization of such findings; and
(2) may be used by the Secretary, acting
through the Director of the Institute of Education Sciences—
(A) to evaluate the aggregate short- and
long-term effects and cost efficiencies
across—
(i) Federal programs assisted or authorized under this chapter; and
1 So

in original. Probably should be ‘‘subsections’’.

Page 1676

(ii) related Federal early childhood education programs, preschool programs, elementary school programs, and secondary
school programs, under any other Federal
law;
(B) to increase the usefulness of the evaluations conducted under this section by improving the quality, timeliness, efficiency,
and use of information relating to performance to promote continuous improvement of
programs assisted or authorized under this
chapter; and
(C) to assist recipients of grants under
such programs in collecting and analyzing
data and other activities related to conducting high-quality evaluations under paragraph (1).
(b) Subchapter I
The Secretary, acting through the Director of
the Institute of Education Sciences, shall use
funds authorized under section 6302(e) of this
title to carry out evaluation activities under
this section related to subchapter I, and shall
not reserve any other money from such subchapter for evaluation.
(c) Consolidation
Notwithstanding any other provision of this
section or section 6302(e) of this title, the Secretary, in consultation with the Director of the
Institute of Education Sciences—
(1) may consolidate the funds reserved under
subsections (a) and (b) for purposes of carrying
out the activities under subsection (a)(1); and
(2) shall not be required to evaluate under
subsection (a)(1) each program authorized
under this chapter each year.
(d) Evaluation plan
The Director of the Institute of Education
Sciences, shall, on a biennial basis, develop, submit to Congress, and make publicly available an
evaluation plan, that—
(1) describes the specific activities that will
be carried out under subsection (a) for the 2year period applicable to the plan, and the
timelines of such activities;
(2) contains the results of the activities carried out under subsection (a) for the most recent 2-year period; and
(3) describes how programs authorized under
this chapter will be regularly evaluated.
(e) Evaluation activities authorized elsewhere
If, under any other provision of this chapter,
funds are authorized to be reserved or used for
evaluation activities with respect to a program,
the Secretary may not reserve additional funds
under this section for the evaluation of that program.
(Pub. L. 89–10, title VIII, § 8601, formerly title IX,
§ 9601, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1985; renumbered title VIII,
§ 8601, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(10), 8042, Dec. 10, 2015, 129 Stat. 2088,
2089, 2122.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 7941 of this
title.

Page 1677

TITLE 20—EDUCATION
AMENDMENTS

2015—Pub. L. 114–95, § 8042, amended section generally.
Prior to amendment, section consisted of subsecs. (a) to
(c) relating to reservation of funds for evaluations, exclusion of subchapters I and III, and evaluation activities authorized elsewhere, respectively.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.

SUBCHAPTER X—PROGRAMS OF NATIONAL
SIGNIFICANCE
PART A—FUND FOR THE IMPROVEMENT OF
EDUCATION
§§ 8001 to 8007. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8001, Pub. L. 89–10, title X, § 10101, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3809;
amended Pub. L. 104–134, title I, § 101(d) [title VII,
§ 703(b)(4)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–255; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110
Stat. 1327, related to fund for the improvement of education.
Section 8002, Pub. L. 89–10, title X, § 10102, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3812,
related to elementary school counseling demonstration.
Section 8003, Pub. L. 89–10, title X, § 10103, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3815,
related to partnerships in character education pilot
project.
Section 8004, Pub. L. 89–10, title X, § 10104, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3818;
amended Pub. L. 105–332, § 2, Oct. 31, 1998, 112 Stat. 3125,
related to promotion of scholar-athlete competitions.
Section 8005, Pub. L. 89–10, title X, § 10105, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3818,
related to development and implementation of smaller
learning communities.
Section 8006, Pub. L. 89–10, title X, § 10106, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3820,
related to national student and parent mock election.
Section 8007, Pub. L. 89–10, title X, § 10107, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3820,
related to model projects of outreach activities for atrisk children.

§§ 8061 to 8067

Section 8037, Pub. L. 89–10, title X, § 10207, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3824,
authorized appropriations.

PART C—PUBLIC CHARTER SCHOOLS
SUBPART 1—BASIC CHARTER SCHOOL GRANT
PROGRAM

§§ 8061 to 8067. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8061, Pub. L. 89–10, title X, § 10301, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3824;
amended Pub. L. 105–278, § 3(a), Oct. 22, 1998, 112 Stat.
2682; Pub. L. 106–554, § 1(a)(1) [title III, § 322(b)(1)], Dec.
21, 2000, 114 Stat. 2763, 2763A–61, set forth findings and
purpose.
Section 8062, Pub. L. 89–10, title X, § 10302, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3825;
amended Pub. L. 105–278, § 3(b), Oct. 22, 1998, 112 Stat.
2682; Pub. L. 106–554, § 1(a)(1) [title III, § 322(b)(1)], Dec.
21, 2000, 114 Stat. 2763, 2763A–61, authorized charter
school grant program.
Section 8063, Pub. L. 89–10, title X, § 10303, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3826;
amended Pub. L. 105–278, § 3(c), Oct. 22, 1998, 112 Stat.
2684; Pub. L. 106–554, § 1(a)(1) [title III, § 322(b)(1)], Dec.
21, 2000, 114 Stat. 2763, 2763A–61, related to applications.
Section 8064, Pub. L. 89–10, title X, § 10304, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3827;
amended Pub. L. 105–78, title III, § 315, Nov. 13, 1997, 111
Stat. 1508; Pub. L. 105–278, § 3(d), (k), Oct. 22, 1998, 112
Stat. 2685, 2689; Pub. L. 106–554, § 1(a)(1) [title III,
§ 322(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–61, related
to administration.
Section 8065, Pub. L. 89–10, title X, § 10305, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3829;
amended Pub. L. 105–278, § 3(f), Oct. 22, 1998, 112 Stat.
2686; Pub. L. 106–554, § 1(a)(1) [title III, § 322(b)(1)], Dec.
21, 2000, 114 Stat. 2763, 2763A–61, related to national activities.
Section 8065a, Pub. L. 89–10, title X, § 10306, as added
Pub. L. 105–278, § 3(g)(2), Oct. 22, 1998, 112 Stat. 2687, related to Federal formula allocation during first year
and for successive enrollment expansions.

PART B—GIFTED AND TALENTED CHILDREN

Section 8065b, Pub. L. 89–10, title X, § 10307, as added
Pub. L. 105–278, § 3(g)(2), Oct. 22, 1998, 112 Stat. 2688;
amended Pub. L. 106–554, § 1(a)(1) [title III, § 322(b)(2)],
Dec. 21, 2000, 114 Stat. 2763, 2763A–61, related to solicitation of input from charter school operators.

§§ 8031 to 8037. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

Section 8065c, Pub. L. 89–10, title X, § 10308, as added
Pub. L. 105–278, § 3(g)(2), Oct. 22, 1998, 112 Stat. 2688, related to records transfer.

Section 8031, Pub. L. 89–10, title X, § 10201, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3820,
set forth short title of the Jacob K. Javits Gifted and
Talented Students Education Act of 1994.
Section 8032, Pub. L. 89–10, title X, § 10202, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3820,
set forth findings and purposes.
Section 8033, Pub. L. 89–10, title X, § 10203, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3822,
related to construction of provisions.
Section 8034, Pub. L. 89–10, title X, § 10204, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3822,
related to authorized programs.
Section 8035, Pub. L. 89–10, title X, § 10205, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3823,
set forth program priorities.
Section 8036, Pub. L. 89–10, title X, § 10206, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3824,
set forth general provisions.

Section 8065d, Pub. L. 89–10, title X, § 10309, as added
Pub. L. 105–278, § 3(g)(2), Oct. 22, 1998, 112 Stat. 2688;
amended Pub. L. 106–554, § 1(a)(1) [title III, § 322(b)(3)],
Dec. 21, 2000, 114 Stat. 2763, 2763A–61, related to paperwork reduction.
Section 8066, Pub. L. 89–10, title X, § 10310, formerly
§ 10306, as added Pub. L. 103–382, title I, § 101, Oct. 20,
1994, 108 Stat. 3829; renumbered § 10310 and amended,
Pub. L. 105–278, § 3(g)(1), (h), Oct. 22, 1998, 112 Stat. 2687,
2688; Pub. L. 106–554, § 1(a)(1) [title III, § 322(b)(3)], Dec.
21, 2000, 114 Stat. 2763, 2763A–61, defined terms.
Section 8067, Pub. L. 89–10, title X, § 10311, formerly
§ 10307, as added Pub. L. 103–382, title I, § 101, Oct. 20,
1994, 108 Stat. 3830; renumbered § 10311 and amended,
Pub. L. 105–278, § 3(g)(1), (i), Oct. 22, 1998, 112 Stat. 2687,
2688; Pub. L. 106–554, § 1(a)(1) [title III, § 322(b)(3)], Dec.
21, 2000, 114 Stat. 2763, 2763A–61, authorized appropriations.

§§ 8071 to 8071j

TITLE 20—EDUCATION

SUBPART 2—CREDIT ENHANCEMENT INITIATIVES TO
ASSIST CHARTER SCHOOL FACILITY ACQUISITION,
CONSTRUCTION, AND RENOVATION

§§ 8071 to 8071j. Repealed. Pub. L. 107–110, title
X, § 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8071, Pub. L. 89–10, title X, § 10321, as added
Pub. L. 106–554, § 1(a)(1) [title III, § 322(a)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A–57, set forth purpose.
Section 8071a, Pub. L. 89–10, title X, § 10322, as added
Pub. L. 106–554, § 1(a)(1) [title III, § 322(a)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A–57, related to grants to eligible entities.
Section 8071b, Pub. L. 89–10, title X, § 10323, as added
Pub. L. 106–554, § 1(a)(1) [title III, § 322(a)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A–58, related to applications.
Section 8071c, Pub. L. 89–10, title X, § 10324, as added
Pub. L. 106–554, § 1(a)(1) [title III, § 322(a)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A–59, set forth charter school
objectives.
Section 8071d, Pub. L. 89–10, title X, § 10325, as added
Pub. L. 106–554, § 1(a)(1) [title III, § 322(a)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A–59, related to reserve account.
Section 8071e, Pub. L. 89–10, title X, § 10326, as added
Pub. L. 106–554, § 1(a)(1) [title III, § 322(a)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A–59, related to limitation on
administrative costs.
Section 8071f, Pub. L. 89–10, title X, § 10327, as added
Pub. L. 106–554, § 1(a)(1) [title III, § 322(a)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A–59, related to audits and reports.
Section 8071g, Pub. L. 89–10, title X, § 10328, as added
Pub. L. 106–554, § 1(a)(1) [title III, § 322(a)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A–60, related to full faith and
credit for grantee obligations.
Section 8071h, Pub. L. 89–10, title X, § 10329, as added
Pub. L. 106–554, § 1(a)(1) [title III, § 322(a)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A–60, related to recovery of
funds.
Section 8071i, Pub. L. 89–10, title X, § 10330, as added
Pub. L. 106–554, § 1(a)(1) [title III, § 322(a)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A–61, defined terms.
Section 8071j, Pub. L. 89–10, title X, § 10331, as added
Pub. L. 106–554, § 1(a)(1) [title III, § 322(a)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A–61, authorized appropriations.

VII, § 709(b)(3)(C)], Sept. 30, 1996, 110 Stat. 3009–233,
3009–313, related to payments, amounts of award, cost
share, and limitations.
Section 8105, Pub. L. 89–10, title X, § 10415, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3837,
authorized appropriations.

PART E—INEXPENSIVE BOOK DISTRIBUTION
PROGRAM
§ 8131. Repealed. Pub. L. 107–110, title
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

X,

Section, Pub. L. 89–10, title X, § 10501, as added Pub.
L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3837, related to inexpensive book distribution program for
reading motivation.

PART F—CIVIC EDUCATION
§§ 8141 to 8143. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8141, Pub. L. 89–10, title X, § 10601, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3838,
related to instruction on history and principles of democracy in the United States.
Section 8142, Pub. L. 89–10, title X, § 10602, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3839,
related to instruction in civics, government, and the
law.
Section 8143, Pub. L. 89–10, title X, § 10603, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3840,
related to report and authorization of appropriations.

PART G—ALLEN J. ELLENDER FELLOWSHIP
PROGRAM
§ 8161. Repealed. Pub. L. 107–110, title
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

X,

Section, Pub. L. 89–10, title X, § 10701, as added Pub.
L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3841, set
forth findings.
SUBPART 1—PROGRAM FOR MIDDLE AND
SECONDARY SCHOOL STUDENTS

§§ 8171, 8172. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

PART D—ARTS IN EDUCATION
SUBPART 1—ARTS EDUCATION

§ 8091. Repealed. Pub. L. 107–110, title
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

Page 1678

X,

Section, Pub. L. 89–10, title X, § 10401, as added Pub.
L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3830;
amended Pub. L. 104–208, div. A, title I, § 101(e) [title
VII, § 709(b)(3)(A)], Sept. 30, 1996, 110 Stat. 3009–233,
3009–313, related to support for arts education.

Section 8171, Pub. L. 89–10, title X, § 10711, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3841,
authorized grants for fellowships.
Section 8172, Pub. L. 89–10, title X, § 10712, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3841,
related to applications.
SUBPART 2—PROGRAM FOR MIDDLE AND
SECONDARY SCHOOL TEACHERS

SUBPART 2—CULTURAL PARTNERSHIPS FOR ATRISK CHILDREN AND YOUTH

§§ 8181, 8182. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

§§ 8101 to 8105. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

Section 8181, Pub. L. 89–10, title X, § 10721, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3842,
authorized grants for fellowships.
Section 8182, Pub. L. 89–10, title X, § 10722, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3842,
related to applications.

Section 8101, Pub. L. 89–10, title X, § 10411, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3832,
set forth findings and purpose of subpart.
Section 8102, Pub. L. 89–10, title X, § 10412, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3833;
amended Pub. L. 104–208, div. A, title I, § 101(e) [title
VII, § 709(b)(3)(B)], Sept. 30, 1996, 110 Stat. 3009–233,
3009–313, authorized program.
Section 8103, Pub. L. 89–10, title X, § 10413, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3835,
related to authorized activities.
Section 8104, Pub. L. 89–10, title X, § 10414, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3836;
amended Pub. L. 104–208, div. A, title I, § 101(e) [title

SUBPART 3—PROGRAMS FOR RECENT IMMIGRANTS,
STUDENTS OF MIGRANT PARENTS AND OLDER
AMERICANS

§§ 8191, 8192. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8191, Pub. L. 89–10, title X, § 10731, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3842,
authorized grants for fellowships.

Page 1679

TITLE 20—EDUCATION

Section 8192, Pub. L. 89–10, title X, § 10732, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3843,
related to applications.
SUBPART 4—GENERAL PROVISIONS

§§ 8201, 8202. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8201, Pub. L. 89–10, title X, § 10741, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3843,
set forth administrative provisions.
Section 8202, Pub. L. 89–10, title X, § 10742, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3843,
authorized appropriations.

PART H—DE LUGO TERRITORIAL EDUCATION
IMPROVEMENT PROGRAM

§§ 8311, 8312

SUBPART 1—URBAN EDUCATION DEMONSTRATION
GRANTS

§§ 8281 to 8284. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8281, Pub. L. 89–10, title X, § 10961, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3848,
set forth findings.
Section 8282, Pub. L. 89–10, title X, § 10962, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3849,
set forth purpose of subpart.
Section 8283, Pub. L. 89–10, title X, § 10963, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3849,
authorized urban school grants.
Section 8284, Pub. L. 89–10, title X, § 10964, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3852,
set forth special rules.
SUBPART 2—RURAL EDUCATION INITIATIVE

§§ 8221 to 8224. Repealed. Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 301(c)(2)], Oct. 21, 1998,
112 Stat. 2681–337, 2681–410
Section 8221, Pub. L. 89–10, title X, § 10801, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3844,
related to findings and purposes.
Section 8222, Pub. L. 89–10, title X, § 10802, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3844,
related to grant authorization.
Section 8223, Pub. L. 89–10, title X, § 10803, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3844,
prohibited use of grant funds for construction.
Section 8224, Pub. L. 89–10, title X, § 10804, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3844,
related to authorization of appropriations.

PART I—21ST CENTURY COMMUNITY LEARNING
CENTERS
§§ 8241 to 8247. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8241, Pub. L. 89–10, title X, § 10901, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3844,
set forth short title of the 21st Century Community
Learning Centers Act.
Section 8242, Pub. L. 89–10, title X, § 10902, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3844,
set forth findings.
Section 8243, Pub. L. 89–10, title X, § 10903, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3845,
authorized program.
Section 8244, Pub. L. 89–10, title X, § 10904, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3845,
required application.
Section 8245, Pub. L. 89–10, title X, § 10905, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3846,
related to uses of funds.
Section 8246, Pub. L. 89–10, title X, § 10906, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3846,
defined ‘‘Community learning center’’.
Section 8247, Pub. L. 89–10, title X, § 10907, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3846,
authorized appropriations.

PART J—URBAN AND RURAL EDUCATION
ASSISTANCE

§§ 8291 to 8297. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8291, Pub. L. 89–10, title X, § 10972, as added
Pub. L. 106–554, § 1(a)(1) [title IX, § 901], Dec. 21, 2000, 114
Stat. 2763, 2763A–89, set out purpose of this subpart.
A prior section 8291, Pub. L. 89–10, title X, § 10971, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3852, set out findings, prior to the general amendment
of this subpart by Pub. L. 106–554.
Section 8292, Pub. L. 89–10, title X, § 10973, as added
Pub. L. 106–554, § 1(a)(1) [title IX, § 901], Dec. 21, 2000, 114
Stat. 2763, 2763A–89, authorized appropriations.
A prior section 8292, Pub. L. 89–10, title X, § 10972, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3853, related to the purpose of this subpart, prior to the
general amendment of this subpart by Pub. L. 106–554.
Section 8293, Pub. L. 89–10, title X, § 10974, as added
Pub. L. 106–554, § 1(a)(1) [title IX, § 901], Dec. 21, 2000, 114
Stat. 2763, 2763A–89, authorized formula grant program.
A prior section 8293, Pub. L. 89–10, title X, § 10973, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3854, authorized rural school grants, prior to the general amendment of this subpart by Pub. L. 106–554.
Section 8294, Pub. L. 89–10, title X, § 10975, as added
Pub. L. 106–554, § 1(a)(1) [title IX, § 901], Dec. 21, 2000, 114
Stat. 2763, 2763A–90, authorized competitive grant program.
A prior section 8294, Pub. L. 89–10, title X, § 10974, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3854, related to fund usage, prior to the general amendment of this subpart by Pub. L. 106–554.
Section 8295, Pub. L. 89–10, title X, § 10976, as added
Pub. L. 106–554, § 1(a)(1) [title IX, § 901], Dec. 21, 2000, 114
Stat. 2763, 2763A–91, related to accountability.
A prior section 8295, Pub. L. 89–10, title X, § 10975, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3857, related to higher education grants, prior to the
general amendment of this subpart by Pub. L. 106–554.
Section 8296, Pub. L. 89–10, title X, § 10977, as added
Pub. L. 106–554, § 1(a)(1) [title IX, § 901], Dec. 21, 2000, 114
Stat. 2763, 2763A–92, related to ratable reductions in
case of insufficient appropriations.
Section 8297, Pub. L. 89–10, title X, § 10978, as added
Pub. L. 106–554, § 1(a)(1) [title IX, § 901], Dec. 21, 2000, 114
Stat. 2763, 2763A–92, related to applicability of former
sections 8271 and 8272 of this title.
SUBPART 3—WHITE HOUSE CONFERENCES

§§ 8271, 8272. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

§§ 8311, 8312. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

Section 8271, Pub. L. 89–10, title X, § 10951, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3847,
authorized appropriations.
Section 8272, Pub. L. 89–10, title X, § 10952, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3847,
defined terms.

Section 8311, Pub. L. 89–10, title X, § 10981, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3857,
related to White House Conference on Urban Education.
Section 8312, Pub. L. 89–10, title X, § 10982, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3858,
related to White House Conference on Rural Education.

§§ 8331, 8332

TITLE 20—EDUCATION

PART K—NATIONAL WRITING PROJECT
§§ 8331, 8332. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8331, Pub. L. 89–10, title X, § 10991, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3859,
set forth findings.
Section 8332, Pub. L. 89–10, title X, § 10992, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3861,
related to National Writing Project.

PART L—PHYSICAL EDUCATION FOR PROGRESS
§§ 8351 to 8361. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8351, Pub. L. 89–10, title X, § 10999B, as added
Pub. L. 106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114
Stat. 2763, 2763A–76, set forth purpose of part.
A prior section 8351, Pub. L. 89–10, title X, § 10993, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3863, related to extended time for learning and longer
school year, prior to repeal by Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 301(c)(3)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–410.
Section 8352, Pub. L. 89–10, title X, § 10999C, as added
Pub. L. 106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114
Stat. 2763, 2763A–77, set forth findings.
Section 8353, Pub. L. 89–10, title X, § 10999D, as added
Pub. L. 106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114
Stat. 2763, 2763A–77, authorized program.
Section 8354, Pub. L. 89–10, title X, § 10999E, as added
Pub. L. 106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114
Stat. 2763, 2763A–78, related to applications and program elements.
Section 8355, Pub. L. 89–10, title X, § 10999F, as added
Pub. L. 106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114
Stat. 2763, 2763A–78, related to proportionality.
Section 8356, Pub. L. 89–10, title X, § 10999G, as added
Pub. L. 106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114
Stat. 2763, 2763A–78, related to participation of private
school students and home-schooled students.
Section 8357, Pub. L. 89–10, title X, § 10999H, as added
Pub. L. 106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114
Stat. 2763, 2763A–78, required report for continued funding.
Section 8358, Pub. L. 89–10, title X, § 10999I, as added
Pub. L. 106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114
Stat. 2763, 2763A–78, required report to Congress.
Section 8359, Pub. L. 89–10, title X, § 10999J, as added
Pub. L. 106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114
Stat. 2763, 2763A–79, related to administrative costs.
Section 8360, Pub. L. 89–10, title X, § 10999K, as added
Pub. L. 106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114
Stat. 2763, 2763A–79, related to Federal share and
supplementing, not supplanting, funds.
Section 8361, Pub. L. 89–10, title X, § 10999L, as added
Pub. L. 106–554, § 1(a)(1) [title VII, § 701], Dec. 21, 2000, 114
Stat. 2763, 2763A–79, authorized appropriations.

PART M—TERRITORIAL ASSISTANCE
§ 8371. Repealed. Pub. L. 105–277, div. A, § 101(f)
[title VIII, § 301(c)(4)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–410
Section, Pub. L. 89–10, title X, § 10995, as added Pub.
L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3867, related to general assistance to improve public education
in the Virgin Islands.

Page 1680

Section 8402, Pub. L. 89–10, title XI, § 11002, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3868,
defined terms.
Section 8403, Pub. L. 89–10, title XI, § 11003, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3868,
related to authority to use funds.
Section 8404, Pub. L. 89–10, title XI, § 11004, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3868,
related to project development and implementation.
Section 8405, Pub. L. 89–10, title XI, § 11005, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3869,
related to uses of funds.
Section 8406, Pub. L. 89–10, title XI, § 11006, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3870,
related to continuing authority to use funds.
Section 8407, Pub. L. 89–10, title XI, § 11007, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3870,
related to identification of barriers to service coordination.

SUBCHAPTER XII—SCHOOL FACILITIES
INFRASTRUCTURE IMPROVEMENT
§§ 8501 to 8513. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986
Section 8501, Pub. L. 89–10, title XII, § 12001, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3870,
set out short title of the Education Infrastructure Act
of 1994.
Section 8502, Pub. L. 89–10, title XII, § 12002, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3870,
set forth findings.
Section 8503, Pub. L. 89–10, title XII, § 12003, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3871,
set forth purpose.
Section 8504, Pub. L. 89–10, title XII, § 12004, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3871,
authorized program for improvement of public elementary and secondary education facilities.
Section 8505, Pub. L. 89–10, title XII, § 12005, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3871,
related to award of grants.
Section 8506, Pub. L. 89–10, title XII, § 12006, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3872,
related to applications.
Section 8507, Pub. L. 89–10, title XII, § 12007, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3872,
related to authorized activities.
Section 8508, Pub. L. 89–10, title XII, § 12008, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3873,
related to budget and accounting, use of funds, powers
of Secretary, contracts for supplies or services, and applicability of provisions of title 31.
Section 8509, Pub. L. 89–10, title XII, § 12009, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3874,
related to payment of fair wages.
Section 8510, Pub. L. 89–10, title XII, § 12010, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3874,
set forth special rules and general limitations.
Section 8511, Pub. L. 89–10, title XII, § 12011, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3875,
related to Federal assessment.
Section 8512, Pub. L. 89–10, title XII, § 12012, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3875,
defined terms.
Section 8513, Pub. L. 89–10, title XII, § 12013, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3875,
authorized appropriations.

SUBCHAPTER XI—COORDINATED SERVICES

SUBCHAPTER XIII—SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE EDUCATION

§§ 8401 to 8407. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

§§ 8601, 8602. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(B), Jan. 8, 2002, 115 Stat. 1986

Section 8401, Pub. L. 89–10, title XI, § 11001, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3867,
set forth findings and purpose.

Section 8601, Pub. L. 89–10, title XIII, § 13001, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3876,
set forth findings.

Page 1681

TITLE 20—EDUCATION

Section 8602, Pub. L. 89–10, title XIII, § 13002, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3876,
set forth purpose of subchapter.

PART A—COMPREHENSIVE REGIONAL ASSISTANCE
CENTERS
Editorial Notes
CODIFICATION
Part A of title XIII of Pub. L. 89–10, comprising this
part, was renumbered part K of title IX of Pub. L.
103–227, the Educational Research, Development, Dissemination, and Improvement Act of 1994, by Pub. L.
107–110, title X, § 1021(a), Jan. 8, 2002, 115 Stat. 1987,
transferred to part G (§ 6053 et seq.) of subchapter IX of
chapter 68 of this title, and subsequently repealed.

§§ 8621 to 8625. Transferred
Editorial Notes
CODIFICATION
Section 8621, Pub. L. 89–10, title XIII, § 13101, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3877,
which authorized grant program for comprehensive regional assistance centers, was renumbered section 1001
of the Educational Research, Development, Dissemination, and Improvement Act of 1994 by Pub. L. 107–110,
title X, § 1021(a), (b), Jan. 8, 2002, 115 Stat. 1987, transferred to section 6053 of this title, and subsequently repealed.
Section 8622, Pub. L. 89–10, title XIII, § 13102, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3878,
which set forth requirements of comprehensive regional assistance centers, was renumbered section 1002
of the Educational Research, Development, Dissemination, and Improvement Act of 1994 by Pub. L. 107–110,
title X, § 1021(a), (b), Jan. 8, 2002, 115 Stat. 1987, transferred to section 6053a of this title, and subsequently
repealed.
Section 8623, Pub. L. 89–10, title XIII, § 13103, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3879,
which related to maintenance of service and application requirements, was renumbered section 1003 of the
Educational Research, Development, Dissemination,
and Improvement Act of 1994 by Pub. L. 107–110, title X,
§ 1021(a), (b), Jan. 8, 2002, 115 Stat. 1987, transferred to
section 6053b of this title, and subsequently repealed.
Section 8624, Pub. L. 89–10, title XIII, § 13104, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3880,
which related to transition and phase in, was renumbered section 1004 of the Educational Research, Development, Dissemination, and Improvement Act of 1994
by Pub. L. 107–110, title X, § 1021(a), (b), Jan. 8, 2002, 115
Stat. 1987, transferred to section 6053c of this title, and
subsequently repealed.
Section 8625, Pub. L. 89–10, title XIII, § 13105, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3880,
which authorized appropriations, was renumbered section 1005 of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 by Pub. L.
107–110, title X, § 1021(a), (b), Jan. 8, 2002, 115 Stat. 1987,
transferred to section 6053d of this title, and subsequently repealed.

PART B—NATIONAL DIFFUSION NETWORK
Editorial Notes
CODIFICATION
Part B of title XIII of Pub. L. 89–10, comprising this
part, was renumbered part L of title IX of Pub. L.
103–227, the Educational Research, Development, Dissemination, and Improvement Act of 1994, by Pub. L.
107–110, title X, § 1022(a), Jan. 8, 2002, 115 Stat. 1987,
transferred to part H (§ 6054 et seq.) of subchapter IX of
chapter 68 of this title, and subsequently repealed.

§§ 8671 to 8678

§§ 8651, 8652. Transferred
Editorial Notes
CODIFICATION
Section 8651, Pub. L. 89–10, title XIII, § 13201, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3880,
which authorized National Diffusion Network program,
was renumbered section 1011 of the Educational Research, Development, Dissemination, and Improvement
Act of 1994 by Pub. L. 107–110, title X, § 1022(a), (b), Jan.
8, 2002, 115 Stat. 1987, transferred to section 6054 of this
title, and subsequently repealed.
Section 8652, Pub. L. 89–10, title XIII, § 13202, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3882,
which authorized appropriations, was renumbered section 1012 of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 by Pub. L.
107–110, title X, § 1022(a), (b), Jan. 8, 2002, 115 Stat. 1987,
transferred to section 6054a of this title, and subsequently repealed.

PART C—EISENHOWER REGIONAL MATHEMATICS
AND SCIENCE EDUCATION CONSORTIA
Editorial Notes
CODIFICATION
Part C of title XIII of Pub. L. 89–10, comprising this
part, was renumbered part M of title IX of Pub. L.
103–227, the Educational Research, Development, Dissemination, and Improvement Act of 1994, by Pub. L.
107–110, title X, § 1023(a), Jan. 8, 2002, 115 Stat. 1987,
transferred to part I (§ 6055 et seq.) of subchapter IX of
chapter 68 of this title, and subsequently repealed.

§§ 8671 to 8678. Transferred
Editorial Notes
CODIFICATION
Section 8671, Pub. L. 89–10, title XIII, § 13301, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3882,
which established regional mathematics and science
education consortia program, was renumbered section
1021 of the Educational Research, Development, Dissemination, and Improvement Act of 1994 by Pub. L.
107–110, title X, § 1023(a), (b), Jan. 8, 2002, 115 Stat. 1987,
transferred to section 6055 of this title, and subsequently repealed.
Section 8672, Pub. L. 89–10, title XIII, § 13302, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3883,
which related to use of funds, was renumbered section
1022 of the Educational Research, Development, Dissemination, and Improvement Act of 1994 by Pub. L.
107–110, title X, § 1023(a), (b), Jan. 8, 2002, 115 Stat. 1987,
transferred to section 6055a of this title, and subsequently repealed.
Section 8673, Pub. L. 89–10, title XIII, § 13303, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3884,
which related to application and review, was renumbered section 1023 of the Educational Research, Development, Dissemination, and Improvement Act of 1994
by Pub. L. 107–110, title X, § 1023(a), (b), Jan. 8, 2002, 115
Stat. 1987, transferred to section 6055b of this title, and
subsequently repealed.
Section 8674, Pub. L. 89–10, title XIII, § 13304, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3885,
which directed the establishment of regional boards,
was renumbered section 1024 of the Educational Research, Development, Dissemination, and Improvement
Act of 1994 by Pub. L. 107–110, title X, § 1023(a), (b), Jan.
8, 2002, 115 Stat. 1987, transferred to section 6055c of this
title, and subsequently repealed.
Section 8675, Pub. L. 89–10, title XIII, § 13305, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3885,
which authorized payments and described Federal and
non-Federal shares, was renumbered section 1025 of the

TITLE 20—EDUCATION

§ 8701

Page 1682

Educational Research, Development, Dissemination,
and Improvement Act of 1994 by Pub. L. 107–110, title X,
§ 1023(a), (b), Jan. 8, 2002, 115 Stat. 1987, transferred to
section 6055d of this title, and subsequently repealed.
Section 8676, Pub. L. 89–10, title XIII, § 13306, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3885,
which required evaluation of regional consortia, was renumbered section 1026 of the Educational Research, Development, Dissemination, and Improvement Act of
1994 by Pub. L. 107–110, title X, § 1023(a), (b), Jan. 8, 2002,
115 Stat. 1987, transferred to section 6055e of this title,
and subsequently repealed.
Section 8677, Pub. L. 89–10, title XIII, § 13307, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3886,
which defined terms, was renumbered section 1027 of
the Educational Research, Development, Dissemination, and Improvement Act of 1994 by Pub. L. 107–110,
title X, § 1023(a), (b), Jan. 8, 2002, 115 Stat. 1987, transferred to section 6055f of this title, and subsequently repealed.
Section 8678, Pub. L. 89–10, title XIII, § 13308, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3886,
which authorized appropriations, was renumbered section 1028 of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 by Pub. L.
107–110, title X, § 1023(a), (b), Jan. 8, 2002, 115 Stat. 1987,
transferred to section 6055g of this title, and subsequently repealed.

Section 8821, Pub. L. 89–10, title XIV, § 14201, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3890,
related to consolidation of State administrative funds
for elementary and secondary education programs.
Section 8822, Pub. L. 89–10, title XIV, § 14202, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3891,
related to single local educational agency States.
Section 8823, Pub. L. 89–10, title XIV, § 14203, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3892,
related to consolidation of funds for local administration.
Section 8824, Pub. L. 89–10, title XIV, § 14204, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3892,
related to administrative funds studies.
Section 8825, Pub. L. 89–10, title XIV, § 14205, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3893;
amended Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675,
related to consolidated set-aside for Department of the
Interior funds.
Section 8826, Pub. L. 89–10, title XIV, § 14206, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3894,
related to availability of unneeded program funds.

PART D—TECHNOLOGY-BASED TECHNICAL
ASSISTANCE

PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND APPLICA-

PART B—FLEXIBILITY IN THE USE OF
ADMINISTRATIVE AND OTHER FUNDS
§§ 8821 to 8826. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986

TIONS

Editorial Notes
CODIFICATION
Part D of title XIII of Pub. L. 89–10, comprising this
part, was renumbered part N of title IX of Pub. L.
103–227, the Educational Research, Development, Dissemination, and Improvement Act of 1994, by Pub. L.
107–110, title X, § 1024(a), Jan. 8, 2002, 115 Stat. 1987,
transferred to part J (§ 6056 et seq.) of subchapter IX of
chapter 68 of this title, and subsequently repealed.

§ 8701. Transferred
Editorial Notes
CODIFICATION
Section, Pub. L. 89–10, title XIII, § 13401, as added Pub.
L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3886,
which authorized technology-based technical assistance, was renumbered section 1031 of the Educational
Research, Development, Dissemination, and Improvement Act of 1994 by Pub. L. 107–110, title X, § 1024(a), (b),
Jan. 8, 2002, 115 Stat. 1987, 1988, transferred to section
6056 of this title, and subsequently repealed.

SUBCHAPTER XIV—GENERAL PROVISIONS
PART A—DEFINITIONS
§§ 8801 to 8803. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986
Section 8801, Pub. L. 89–10, title XIV, § 14101, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3887;
amended Pub. L. 105–244, title I, § 102(a)(6)(K), Oct. 7,
1998, 112 Stat. 1619; Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 101(b)(5)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–407;
Pub. L. 105–278, § 3(j), Oct. 22, 1998, 112 Stat. 2688; Pub.
L. 106–554, § 1(a)(4) [div. B, title XVI, § 1606(a)], Dec. 21,
2000, 114 Stat. 2763, 2763A–334, defined terms.
Section 8802, Pub. L. 89–10, title XIV, § 14102, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3890,
related to applicability of subchapter.
Section 8803, Pub. L. 89–10, title XIV, § 14103, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3890,
related to applicability of chapter to Bureau of Indian
Affairs operated schools.

§§ 8851 to 8857. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986
Section 8851, Pub. L. 89–10, title XIV, § 14301, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3894,
set forth purpose of part.
Section 8852, Pub. L. 89–10, title XIV, § 14302, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3894;
amended Pub. L. 105–332, § 3(c)(3), Oct. 31, 1998, 112 Stat.
3125, related to optional consolidated State plans or applications.
Section 8853, Pub. L. 89–10, title XIV, § 14303, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3895,
related to general applicability of State educational
agency assurances.
Section 8854, Pub. L. 89–10, title XIV, § 14304, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3896,
required report on additional coordination.
Section 8855, Pub. L. 89–10, title XIV, § 14305, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3896,
related to consolidated local plans or applications.
Section 8856, Pub. L. 89–10, title XIV, § 14306, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3897,
related to other general assurances.
Section 8857, Pub. L. 89–10, title XIV, § 14307, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3898;
amended Pub. L. 105–332, § 3(c)(4), Oct. 31, 1998, 112 Stat.
3126, related to relationship of State and local plans to
plans under Goals 2000: Educate America Act.

PART D—WAIVERS
§ 8881. Repealed. Pub. L. 107–110, title
§ 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986

X,

Section, Pub. L. 89–10, title XIV, § 14401, as added Pub.
L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3899, related to waivers of statutory and regulatory requirements.

PART E—UNIFORM PROVISIONS
§§ 8891 to 8904. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986
Section 8891, Pub. L. 89–10, title XIV, § 14501, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3901,
related to maintenance of effort.

Page 1683

TITLE 20—EDUCATION

Section 8892, Pub. L. 89–10, title XIV, § 14502, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3902,
related to prohibition regarding State aid.
Section 8893, Pub. L. 89–10, title XIV, § 14503, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3902;
amended Pub. L. 105–277, div. A, § 101(f) [title VIII,
§ 101(b)(6)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–407, related to participation by private school children and
teachers.
Section 8894, Pub. L. 89–10, title XIV, § 14504, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3903,
set forth standards for by-pass of requirements.
Section 8895, Pub. L. 89–10, title XIV, § 14505, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3904,
related to complaint process for participation of private school children.
Section 8896, Pub. L. 89–10, title XIV, § 14506, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3904,
related to by-pass determination process.
Section 8897, Pub. L. 89–10, title XIV, § 14507, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3905,
prohibited payments for religious worship or instruction.
Section 8898, Pub. L. 89–10, title XIV, § 14508, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3905,
related to applicability of chapter to home schools.
Section 8899, Pub. L. 89–10, title XIV, § 14509, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3905,
related to construction of provisions prohibiting Federal control of nonrecipient nonpublic schools.
Section 8900, Pub. L. 89–10, title XIV, § 14510, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3906,
related to school prayer.
Section 8901, Pub. L. 89–10, title XIV, § 14511, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3906,
set forth general prohibitions.
Section 8902, Pub. L. 89–10, title XIV, § 14512, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3906,
contained prohibition on Federal mandates, direction,
and control.
Section 8903, Pub. L. 89–10, title XIV, § 14513, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3906,
required report on changes made by the Improving
America’s Schools Act of 1994.
Section 8904, Pub. L. 89–10, title XIV, § 14514, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3907,
related to participation in Goals 2000: Educate America
Act programs.

PART F—GUN POSSESSION
§§ 8921 to 8923. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986
Section 8921, Pub. L. 89–10, title XIV, § 14601, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3907,
known as the Gun-Free Schools Act of 1994, related to
gun-free requirements.
Section 8922, Pub. L. 89–10, title XIV, § 14602, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3908,
related to policy regarding criminal justice system referral.
Section 8923, Pub. L. 89–10, title XIV, § 14603, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3908,
related to data and policy dissemination under the Individuals with Disabilities Education Act.

PART G—EVALUATIONS
§ 8941. Repealed. Pub. L. 107–110, title
§ 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986

§§ 9010, 9011

PART H—SENSE OF CONGRESS
§§ 8961, 8962. Repealed. Pub. L. 107–110, title X,
§ 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986
Section 8961, Pub. L. 89–10, title XIV, § 14801, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3911,
expressed sense of Congress to increase total share of
Federal spending on education.
Section 8962, Pub. L. 89–10, title XIV, § 14802, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3912,
expressed sense of Congress regarding purchase of
American-made equipment and products.

CHAPTER 71—NATIONAL EDUCATION
STATISTICS
Sec.

9001 to 9012. Repealed or Transferred.

§§ 9001 to 9009. Repealed. Pub. L. 107–279, title
IV, § 403(1), Nov. 5, 2002, 116 Stat. 1985
Section 9001, Pub. L. 103–382, title IV, § 402, Oct. 20,
1994, 108 Stat. 4029; Pub. L. 105–244, title I, § 102(a)(6)(L),
Oct. 7, 1998, 112 Stat. 1619; Pub. L. 107–110, title X,
§ 1076(r), Jan. 8, 2002, 115 Stat. 2092, set forth findings
and purpose and defined terms.
Section 9002, Pub. L. 103–382, title IV, § 403, Oct. 20,
1994, 108 Stat. 4030, established National Center for Education Statistics, to be headed by Commissioner of
Education Statistics. See sections 9541 and 9542 of this
title.
Section 9003, Pub. L. 103–382, title IV, § 404, Oct. 20,
1994, 108 Stat. 4031, set forth duties of Center. See section 9543 of this title.
Section 9004, Pub. L. 103–382, title IV, § 405, Oct. 20,
1994, 108 Stat. 4032, related to performance of duties.
See section 9544 of this title.
Section 9005, Pub. L. 103–382, title IV, § 406, Oct. 20,
1994, 108 Stat. 4033, related to reports. See section 9545
of this title.
Section 9006, Pub. L. 103–382, title IV, § 407, Oct. 20,
1994, 108 Stat. 4033, established Advisory Council on
Education Statistics.
Section 9007, Pub. L. 103–382, title IV, § 408, Oct. 20,
1994, 108 Stat. 4034; Pub. L. 107–56, title V, § 508, Oct. 26,
2001, 115 Stat. 368; Pub. L. 107–279, title IV, § 401(a), Nov.
5, 2002, 116 Stat. 1982, related to confidentiality of persons in collection, reporting, and publication of data.
See section 9573 of this title.
Section 9008, Pub. L. 103–382, title IV, § 409, Oct. 20,
1994, 108 Stat. 4035, related to dissemination of statistical records and making of statistical compilations
and surveys. See section 9546 of this title.
Section 9009, Pub. L. 103–382, title IV, § 410, Oct. 20,
1994, 108 Stat. 4036, authorized establishment of national cooperative education statistics systems. See
section 9547 of this title.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 103–382, title IV, § 401, Oct. 20, 1994, 108 Stat.
4029, which provided that title IV of Pub. L. 103–382, enacting this chapter, could be cited as the ‘‘National
Education Statistics Act of 1994’’, was repealed by Pub.
L. 107–279, title IV, § 403(1), Nov. 5, 2002, 116 Stat. 1985.

§§ 9010, 9011. Transferred
X,

Section, Pub. L. 89–10, title XIV, § 14701, as added Pub.
L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3908;
amended Pub. L. 104–134, title I, § 101(d) [title VII,
§ 703(b)(5)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–255; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110
Stat. 1327, related to evaluations.

Editorial Notes
CODIFICATION
Section 9010, Pub. L. 103–382, title IV, § 411, Oct. 20,
1994, 108 Stat. 4036; Pub. L. 107–110, title VI, § 602(a), Jan.
8, 2002, 115 Stat. 1898; Pub. L. 107–279, title IV,
§ 401(d)(1)–(7), Nov. 5, 2002, 116 Stat. 1984, was renumbered Pub. L. 107–279, title III, § 303, by Pub. L. 107–279,