Every Student Succeeds Act

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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.),’’.

2 So in original. Probably should be ‘‘9857 et seq.),’’.
3 So in original. Probably should be ‘‘Educational’’.

§ 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).
(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

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