PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1425

Public Law 107–110

107th Congress

An Act

To close the achievement gap with accountability, flexibility, and choice, so that

no child is left behind.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This title may be cited as the ‘‘No Child Left Behind Act

of 2001’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

Sec. 4. Transition.

Sec. 5. Effective date.

Sec. 6. Table of contents of Elementary and Secondary Education Act of 1965.

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Sec. 101. Improving the academic achievement of the disadvantaged.

TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Sec. 201. Teacher and principal training and recruiting fund.

Sec. 202. Continuation of awards.

TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT

AND IMMIGRANT STUDENTS

Sec. 301. Language instruction for limited English proficient children and immigrant children and youth.

TITLE IV—21ST CENTURY SCHOOLS

Sec. 401. 21st Century schools.

TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Sec. 501. Innovative programs and parental choice provisions.

Sec. 502. Continuation of awards.

TITLE VI—FLEXIBILITY AND ACCOUNTABILITY

Sec. 601. Flexibility and accountability.

Sec. 602. Amendment to the National Education Statistics Act of 1994.

TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

Sec. 701. Indians, Native Hawaiians, and Alaska Natives.

Sec. 702. Conforming amendments.

Sec. 703. Savings provisions.

TITLE VIII—IMPACT AID PROGRAM

Sec. 801. Payments relating to Federal acquisition of real property.

20 USC 6301

note.

No Child Left

Behind Act of

2001.

Education.

Intergovernmental

relations.

Jan. 8, 2002

[H.R. 1]

115 STAT. 1426 PUBLIC LAW 107–110—JAN. 8, 2002

Sec. 802. Payments for eligible federally connected children.

Sec. 803. Construction.

Sec. 804. State consideration of payments in providing State aid.

Sec. 805. Authorization of appropriations.

TITLE IX—GENERAL PROVISIONS

Sec. 901. General provisions.

TITLE X—REPEALS, REDESIGNATIONS, AND AMENDMENTS TO OTHER

STATUTES

PART A—REPEALS

Sec. 1011. Repeals.

Sec. 1012. Conforming clerical and technical amendments.

PART B—REDESIGNATIONS

Sec. 1021. Comprehensive Regional Assistance Centers.

Sec. 1022. National Diffusion Network.

Sec. 1023. Eisenhower Regional Mathematics and Science Education Consortia.

Sec. 1024. Technology-based technical assistance.

Sec. 1025. Conforming amendments.

PART C—HOMELESS EDUCATION

Sec. 1031. Short title.

Sec. 1032. Education for homeless children and youths.

Sec. 1033. Conforming amendment.

Sec. 1034. Technical amendment.

PART D—NATIVE AMERICAN EDUCATION IMPROVEMENT

Sec. 1041. Short title.

Sec. 1042. Amendments to the Education Amendments of 1978.

Sec. 1043. Tribally Controlled Schools Act of 1988.

Sec. 1044. Lease payments by the Ojibwa Indian School.

Sec. 1045. Enrollment and general assistance payments.

PART E—HIGHER EDUCATION ACT OF 1965

Sec. 1051. Preparing tomorrow’s teachers to use technology.

Sec. 1052. Continuation of awards.

PART F—GENERAL EDUCATION PROVISIONS ACT

Sec. 1061. Student privacy, parental access to information, and administration of

certain physical examinations to minors.

Sec. 1062. Technical corrections.

PART G—MISCELLANEOUS OTHER STATUTES

Sec. 1071. Title 5 of the United States Code.

Sec. 1072. Department of Education Organization Act.

Sec. 1073. Education Flexibility Partnership Act of 1999.

Sec. 1074. Educational Research, Development, Dissemination, and Improvement

Act of 1994.

Sec. 1075. National Child Protection Act of 1993.

Sec. 1076. Technical and conforming amendments.

SEC. 3. REFERENCES.

Except as otherwise expressly provided, whenever in this Act

an amendment or repeal is expressed in terms of an amendment

to, or repeal of, a section or other provision, the reference shall

be considered to be made to a section or other provision of the

Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301

et seq.).

SEC. 4. TRANSITION.

(a) MULTI-YEAR AWARDS.—Except as otherwise provided in this

Act, the recipient of a multi-year award under the Elementary

and Secondary Education Act of 1965, as that Act was in effect

prior to the date of enactment of this Act, shall continue to receive

funds in accordance with the terms of that award, except that

no additional funds may be awarded after September 30, 2002.

20 USC 6301

note.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1427

(b) PLANNING AND TRANSITION.—Notwithstanding any other

provision of law, a recipient of funds under the Elementary and

Secondary Education Act of 1965, as that Act was in effect prior

to the date of enactment of this Act, may use funds available

to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order

to ensure an orderly implementation of programs authorized by

this Act, and the amendments made by this Act.

(c) ORDERLY TRANSITION.—The Secretary shall take such steps

as are necessary to provide for the orderly transition to, and

implementation of, programs authorized by this Act, and by the

amendments made by this Act, from programs authorized by the

Elementary and Secondary Education Act of 1965, as that Act

was in effect prior to the date of enactment of this Act.

SEC. 5. EFFECTIVE DATE.

(a) IN GENERAL.—Except as otherwise provided in this Act,

this Act, and the amendments made by this Act, shall be effective

upon the date of enactment of this Act.

(b) NONCOMPETITIVE PROGRAMS.—With respect to noncompetitive programs under which any funds are allotted by the Secretary

of Education to recipients on the basis of a formula, this Act,

and the amendments made by this Act, shall take effect on July

1, 2002.

(c) COMPETITIVE PROGRAMS.—With respect to programs that

are conducted by the Secretary on a competitive basis, this Act,

and the amendments made by this Act, shall take effect with

respect to appropriations for use under those programs for fiscal

year 2002.

(d) IMPACT AID.—With respect to title VIII (Impact Aid), this

Act, and the amendments made by this Act, shall take effect with

respect to appropriations for use under that title for fiscal year

2002.

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

The Act is amended—

(1) in the heading of section 1, by striking ‘‘TABLE OF

CONTENTS’’ and inserting ‘‘SHORT TITLE’’; and

(2) by adding after section 1 the following new section:

‘‘SEC. 2. TABLE OF CONTENTS.

‘‘The table of contents for this Act is as follows:

‘‘Sec. 1. Short title.

‘‘Sec. 2. Table of contents.

‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

‘‘Sec. 1001. Statement of purpose.

‘‘Sec. 1002. Authorization of appropriations.

‘‘Sec. 1003. School improvement.

‘‘Sec. 1004. State administration.

‘‘PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

‘‘Subpart 1—Basic Program Requirements

‘‘Sec. 1111. State plans.

‘‘Sec. 1112. Local educational agency plans.

‘‘Sec. 1113. Eligible school attendance areas.

‘‘Sec. 1114. Schoolwide programs.

20 USC 6301

note.

20 USC 6301

note.

115 STAT. 1428 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Sec. 1115. Targeted assistance schools.

‘‘Sec. 1116. Academic assessment and local educational agency and school improvement.

‘‘Sec. 1117. School support and recognition.

‘‘Sec. 1118. Parental involvement.

‘‘Sec. 1119. Qualifications for teachers and paraprofessionals.

‘‘Sec. 1120. Participation of children enrolled in private schools.

‘‘Sec. 1120A. Fiscal requirements.

‘‘Sec. 1120B. Coordination requirements.

‘‘Subpart 2—Allocations

‘‘Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.

‘‘Sec. 1122. Allocations to States.

‘‘Sec. 1124. Basic grants to local educational agencies.

‘‘Sec. 1124A. Concentration grants to local educational agencies.

‘‘Sec. 1125. Targeted grants to local educational agencies.

‘‘Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies

in fiscal years after fiscal year 2001.

‘‘Sec. 1125A. Education finance incentive grant program.

‘‘Sec. 1126. Special allocation procedures.

‘‘Sec. 1127. Carryover and waiver.

‘‘PART B—STUDENT READING SKILLS IMPROVEMENT GRANTS

‘‘Subpart 1—Reading First

‘‘Sec. 1201. Purposes.

‘‘Sec. 1202. Formula grants to State educational agencies.

‘‘Sec. 1203. State formula grant applications.

‘‘Sec. 1204. Targeted assistance grants.

‘‘Sec. 1205. External evaluation.

‘‘Sec. 1206. National activities.

‘‘Sec. 1207. Information dissemination.

‘‘Sec. 1208. Definitions.

‘‘Subpart 2—Early Reading First

‘‘Sec. 1221. Purposes; definitions.

‘‘Sec. 1222. Local Early Reading First grants.

‘‘Sec. 1223. Federal administration.

‘‘Sec. 1224. Information dissemination.

‘‘Sec. 1225. Reporting requirements.

‘‘Sec. 1226. Evaluation.

‘‘Subpart 3—William F. Goodling Even Start Family Literacy Programs

‘‘Sec. 1231. Statement of purpose.

‘‘Sec. 1232. Program authorized.

‘‘Sec. 1233. State educational agency programs.

‘‘Sec. 1234. Uses of funds.

‘‘Sec. 1235. Program elements.

‘‘Sec. 1236. Eligible participants.

‘‘Sec. 1237. Applications.

‘‘Sec. 1238. Award of subgrants.

‘‘Sec. 1239. Evaluation.

‘‘Sec. 1240. Indicators of program quality.

‘‘Sec. 1241. Research.

‘‘Sec. 1242. Construction.

‘‘Subpart 4—Improving Literacy Through School Libraries

‘‘Sec. 1251. Improving literacy through school libraries.

‘‘PART C—EDUCATION OF MIGRATORY CHILDREN

‘‘Sec. 1301. Program purpose.

‘‘Sec. 1302. Program authorized.

‘‘Sec. 1303. State allocations.

‘‘Sec. 1304. State applications; services.

‘‘Sec. 1305. Secretarial approval; peer review.

‘‘Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized

activities.

‘‘Sec. 1307. Bypass.

‘‘Sec. 1308. Coordination of migrant education activities.

‘‘Sec. 1309. Definitions.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1429

‘‘PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

‘‘Sec. 1401. Purpose and program authorization.

‘‘Sec. 1402. Payments for programs under this part.

‘‘Subpart 1—State Agency Programs

‘‘Sec. 1411. Eligibility.

‘‘Sec. 1412. Allocation of funds.

‘‘Sec. 1413. State reallocation of funds.

‘‘Sec. 1414. State plan and State agency applications.

‘‘Sec. 1415. Use of funds.

‘‘Sec. 1416. Institution-wide projects.

‘‘Sec. 1417. Three-year programs or projects.

‘‘Sec. 1418. Transition services.

‘‘Sec. 1419. Evaluation; technical assistance; annual model program.

‘‘Subpart 2—Local Agency Programs

‘‘Sec. 1421. Purpose.

‘‘Sec. 1422. Programs operated by local educational agencies.

‘‘Sec. 1423. Local educational agency applications.

‘‘Sec. 1424. Uses of funds.

‘‘Sec. 1425. Program requirements for correctional facilities receiving funds under

this section. ‘‘Sec. 1426. Accountability.

‘‘Subpart 3—General Provisions

‘‘Sec. 1431. Program evaluations.

‘‘Sec. 1432. Definitions.

‘‘PART E—NATIONAL ASSESSMENT OF TITLE I

‘‘Sec. 1501. Evaluations.

‘‘Sec. 1502. Demonstrations of innovative practices.

‘‘Sec. 1503. Assessment evaluation.

‘‘Sec. 1504. Close Up fellowship program.

‘‘PART F—COMPREHENSIVE SCHOOL REFORM

‘‘Sec. 1601. Purpose.

‘‘Sec. 1602. Program authorization.

‘‘Sec. 1603. State applications.

‘‘Sec. 1604. State use of funds.

‘‘Sec. 1605. Local applications.

‘‘Sec. 1606. Local use of funds.

‘‘Sec. 1607. Evaluation and reports.

‘‘Sec. 1608. Quality initiatives.

‘‘PART G—ADVANCED PLACEMENT PROGRAMS

‘‘Sec. 1701. Short title.

‘‘Sec. 1702. Purposes.

‘‘Sec. 1703. Funding distribution rule.

‘‘Sec. 1704. Advanced placement test fee program.

‘‘Sec. 1705. Advanced placement incentive program grants.

‘‘Sec. 1706. Supplement, not supplant.

‘‘Sec. 1707. Definitions.

‘‘PART H—SCHOOL DROPOUT PREVENTION

‘‘Sec. 1801. Short title.

‘‘Sec. 1802. Purpose.

‘‘Sec. 1803. Authorization of appropriations.

‘‘Subpart 1—Coordinated National Strategy

‘‘Sec. 1811. National activities.

‘‘Subpart 2—School Dropout Prevention Initiative

‘‘Sec. 1821. Definitions.

‘‘Sec. 1822. Program authorized.

‘‘Sec. 1823. Applications.

‘‘Sec. 1824. State reservation.

‘‘Sec. 1825. Strategies and capacity building.

‘‘Sec. 1826. Selection of local educational agencies for subgrants.

115 STAT. 1430 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Sec. 1827. Community based organizations.

‘‘Sec. 1828. Technical assistance.

‘‘Sec. 1829. School dropout rate calculation.

‘‘Sec. 1830. Reporting and accountability.

‘‘PART I—GENERAL PROVISIONS

‘‘Sec. 1901. Federal regulations.

‘‘Sec. 1902. Agreements and records.

‘‘Sec. 1903. State administration.

‘‘Sec. 1904. Local educational agency spending audits.

‘‘Sec. 1905. Prohibition against Federal mandates, direction, or control.

‘‘Sec. 1906. Rule of construction on equalized spending.

‘‘Sec. 1907. State report on dropout data.

‘‘Sec. 1908. Regulations for sections 1111 and 1116.

‘‘TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

‘‘PART A—TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND

‘‘Sec. 2101. Purpose.

‘‘Sec. 2102. Definitions.

‘‘Sec. 2103. Authorizations of appropriations.

‘‘Subpart 1—Grants to States

‘‘Sec. 2111. Allotments to States.

‘‘Sec. 2112. State applications.

‘‘Sec. 2113. State use of funds.

‘‘Subpart 2—Subgrants to Local Educational Agencies

‘‘Sec. 2121. Allocations to local educational agencies.

‘‘Sec. 2122. Local applications and needs assessment.

‘‘Sec. 2123. Local use of funds.

‘‘Subpart 3—Subgrants to Eligible Partnerships

‘‘Sec. 2131. Definitions.

‘‘Sec. 2132. Subgrants.

‘‘Sec. 2133. Applications.

‘‘Sec. 2134. Use of funds.

‘‘Subpart 4—Accountability

‘‘Sec. 2141. Technical assistance and accountability.

‘‘Subpart 5—National Activities

‘‘Sec. 2151. National activities of demonstrated effectiveness.

‘‘PART B—MATHEMATICS AND SCIENCE PARTNERSHIPS

‘‘Sec. 2201. Purpose; definitions.

‘‘Sec. 2202. Grants for mathematics and science partnerships.

‘‘Sec. 2203. Authorization of appropriations.

‘‘PART C—INNOVATION FOR TEACHER QUALITY

‘‘Subpart 1—Transitions to Teaching

‘‘CHAPTER A—TROOPS-TO-TEACHERS PROGRAM

‘‘Sec. 2301. Definitions.

‘‘Sec. 2302. Authorization of Troops-to-Teachers Program.

‘‘Sec. 2303. Recruitment and selection of program participants.

‘‘Sec. 2304. Participation agreement and financial assistance.

‘‘Sec. 2305. Participation by States.

‘‘Sec. 2306. Support of innovative preretirement teacher certification programs.

‘‘Sec. 2307. Reporting requirements.

‘‘CHAPTER B—TRANSITION TO TEACHING PROGRAM

‘‘Sec. 2311. Purposes.

‘‘Sec. 2312. Definitions.

‘‘Sec. 2313. Grant program.

‘‘Sec. 2314. Evaluation and accountability for recruiting and retaining teachers.

‘‘CHAPTER C—GENERAL PROVISIONS

‘‘Sec. 2321. Authorization of appropriations.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1431

‘‘Subpart 2—National Writing Project

‘‘Sec. 2331. Purposes.

‘‘Sec. 2332. National Writing Project.

‘‘Subpart 3—Civic Education

‘‘Sec. 2341. Short title.

‘‘Sec. 2342. Purpose.

‘‘Sec. 2343. General authority.

‘‘Sec. 2344. We the People program.

‘‘Sec. 2345. Cooperative civic education and economic education exchange programs.

‘‘Sec. 2346. Authorization of appropriations.

‘‘Subpart 4—Teaching of Traditional American History

‘‘Sec. 2351. Establishment of program.

‘‘Sec. 2352. Authorization of appropriations.

‘‘Subpart 5—Teacher Liability Protection

‘‘Sec. 2361. Short title.

‘‘Sec. 2362. Purpose.

‘‘Sec. 2363. Definitions.

‘‘Sec. 2364. Applicability.

‘‘Sec. 2365. Preemption and election of State nonapplicability.

‘‘Sec. 2366. Limitation on liability for teachers.

‘‘Sec. 2367. Allocation of responsibility for noneconomic loss.

‘‘Sec. 2368. Effective date.

‘‘PART D—ENHANCING EDUCATION THROUGH TECHNOLOGY

‘‘Sec. 2401. Short title.

‘‘Sec. 2402. Purposes and goals.

‘‘Sec. 2403. Definitions.

‘‘Sec. 2404. Authorization of appropriations.

‘‘Subpart 1—State and Local Technology Grants

‘‘Sec. 2411. Allotment and reallotment.

‘‘Sec. 2412. Use of allotment by State.

‘‘Sec. 2413. State applications.

‘‘Sec. 2414. Local applications.

‘‘Sec. 2415. State activities.

‘‘Sec. 2416. Local activities.

‘‘Subpart 2—National Technology Activities

‘‘Sec. 2421. National activities.

‘‘Sec. 2422. National education technology plan.

‘‘Subpart 3—Ready-to-Learn Television

‘‘Sec. 2431. Ready-to-Learn Television.

‘‘Subpart 4—Limitation on Availability of Certain Funds for Schools

‘‘Sec. 2441. Internet safety.

‘‘TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT

AND IMMIGRANT STUDENTS

‘‘Sec. 3001. Authorizations of appropriations; condition on effectiveness of parts.

‘‘PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND

ACADEMIC ACHIEVEMENT ACT

‘‘Sec. 3101. Short title.

‘‘Sec. 3102. Purposes.

‘‘Subpart 1—Grants and Subgrants for English Language Acquisition and Language

Enhancement

‘‘Sec. 3111. Formula grants to States.

‘‘Sec. 3112. Native American and Alaska Native children in school.

‘‘Sec. 3113. State and specially qualified agency plans.

‘‘Sec. 3114. Within-State allocations.

‘‘Sec. 3115. Subgrants to eligible entities.

‘‘Sec. 3116. Local plans.

‘‘Subpart 2—Accountability and Administration

‘‘Sec. 3121. Evaluations.

115 STAT. 1432 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Sec. 3122. Achievement objectives and accountability.

‘‘Sec. 3123. Reporting requirements.

‘‘Sec. 3124. Coordination with related programs.

‘‘Sec. 3125. Rules of construction.

‘‘Sec. 3126. Legal authority under State law.

‘‘Sec. 3127. Civil rights.

‘‘Sec. 3128. Programs for Native Americans and Puerto Rico.

‘‘Sec. 3129. Prohibition.

‘‘Subpart 3—National Activities

‘‘Sec. 3131. National professional development project.

‘‘Subpart 4—Definitions

‘‘Sec. 3141. Eligible entity.

‘‘PART B—IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS

‘‘Sec. 3201. Short title.

‘‘Sec. 3202. Purpose.

‘‘Sec. 3203. Native American children in school.

‘‘Sec. 3204. Residents of the territories and freely associated states.

‘‘Subpart 1—Program Development and Enhancement

‘‘Sec. 3211. Financial assistance for language instruction educational programs.

‘‘Sec. 3212. Program enhancement activities.

‘‘Sec. 3213. Comprehensive school and systemwide improvement activities.

‘‘Sec. 3214. Applications.

‘‘Sec. 3215. Capacity building.

‘‘Sec. 3216. Programs for Native Americans and Puerto Rico.

‘‘Sec. 3217. Evaluations.

‘‘Sec. 3218. Construction.

‘‘Subpart 2—Research, Evaluation, and Dissemination

‘‘Sec. 3221. Authority.

‘‘Sec. 3222. Research.

‘‘Sec. 3223. Academic excellence awards.

‘‘Sec. 3224. State grant program.

‘‘Sec. 3225. Instruction materials development.

‘‘Subpart 3—Professional Development

‘‘Sec. 3231. Professional development grants.

‘‘Subpart 4—Emergency Immigrant Education Program

‘‘Sec. 3241. Purpose.

‘‘Sec. 3242. State administrative costs.

‘‘Sec. 3243. Withholding.

‘‘Sec. 3244. State allotments.

‘‘Sec. 3245. State applications.

‘‘Sec. 3246. Administrative provisions.

‘‘Sec. 3247. Uses of funds.

‘‘Sec. 3248. Reports.

‘‘Subpart 5—Administration

‘‘Sec. 3251. Release time.

‘‘Sec. 3252. Notification.

‘‘Sec. 3253. Coordination and reporting requirements.

‘‘PART C—GENERAL PROVISIONS

‘‘Sec. 3301. Definitions.

‘‘Sec. 3302. Parental notification.

‘‘Sec. 3303. National Clearinghouse.

‘‘Sec. 3304. Regulations.

‘‘TITLE IV—21ST CENTURY SCHOOLS

‘‘PART A—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

‘‘Sec. 4001. Short title.

‘‘Sec. 4002. Purpose.

‘‘Sec. 4003. Authorization of appropriations.

‘‘Subpart 1—State Grants

‘‘Sec. 4111. Reservations and allotments.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1433

‘‘Sec. 4112. Reservation of State funds for safe and drug-free schools.

‘‘Sec. 4113. State application.

‘‘Sec. 4114. Local educational agency program.

‘‘Sec. 4115. Authorized activities.

‘‘Sec. 4116. Reporting.

‘‘Sec. 4117. Programs for Native Hawaiians.

‘‘Subpart 2—National Programs

‘‘Sec. 4121. Federal activities.

‘‘Sec. 4122. Impact evaluation.

‘‘Sec. 4123. Hate crime prevention.

‘‘Sec. 4124. Safe and Drug-Free Schools and Communities Advisory Committee.

‘‘Sec. 4125. National coordinator program.

‘‘Sec. 4126. Community service grant program.

‘‘Sec. 4127. School Security Technology and Resource Center.

‘‘Sec. 4128. National Center for School and Youth Safety.

‘‘Sec. 4129. Grants to reduce alcohol abuse.

‘‘Sec. 4130. Mentoring programs.

‘‘Subpart 3—Gun Possession

‘‘Sec. 4141. Gun-free requirements.

‘‘Subpart 4—General Provisions

‘‘Sec. 4151. Definitions.

‘‘Sec. 4152. Message and materials.

‘‘Sec. 4153. Parental consent.

‘‘Sec. 4154. Prohibited uses of funds.

‘‘Sec. 4155. Transfer of school disciplinary records.

‘‘PART B—21ST CENTURY COMMUNITY LEARNING CENTERS

‘‘Sec. 4201. Purpose; definitions.

‘‘Sec. 4202. Allotments to States.

‘‘Sec. 4203. State application.

‘‘Sec. 4204. Local competitive grant program.

‘‘Sec. 4205. Local activities.

‘‘Sec. 4206. Authorization of appropriations.

‘‘PART C—ENVIRONMENTAL TOBACCO SMOKE

‘‘Sec. 4301. Short title.

‘‘Sec. 4302. Definitions.

‘‘Sec. 4303. Nonsmoking policy for children’s services.

‘‘Sec. 4304. Preemption.

‘‘TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

‘‘PART A—INNOVATIVE PROGRAMS

‘‘Sec. 5101. Purposes, State and local responsibility.

‘‘Subpart 1—State and Local Programs

‘‘Sec. 5111. Allotment to States.

‘‘Sec. 5112. Allocation to local educational agencies.

‘‘Subpart 2—State Programs

‘‘Sec. 5121. State uses of funds.

‘‘Sec. 5122. State applications.

‘‘Subpart 3—Local Innovative Education Programs

‘‘Sec. 5131. Local uses of funds.

‘‘Sec. 5132. Administrative authority.

‘‘Sec. 5133. Local applications.

‘‘Subpart 4—General Provisions

‘‘Sec. 5141. Maintenance of effort.

‘‘Sec. 5142. Participation of children enrolled in private schools.

‘‘Sec. 5143. Federal administration.

‘‘Sec. 5144. Supplement, not supplant.

‘‘Sec. 5145. Definitions.

‘‘Sec. 5146. Authorization of appropriations.

115 STAT. 1434 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘PART B—PUBLIC CHARTER SCHOOLS

‘‘Subpart 1—Charter School Programs

‘‘Sec. 5201. Purpose.

‘‘Sec. 5202. Program authorized.

‘‘Sec. 5203. Applications.

‘‘Sec. 5204. Administration.

‘‘Sec. 5205. National activities.

‘‘Sec. 5206. Federal formula allocation during first year and for successive enrollment expansions. ‘‘Sec. 5207. Solicitation of input from charter school operators.

‘‘Sec. 5208. Records transfer.

‘‘Sec. 5209. Paperwork reduction.

‘‘Sec. 5210. Definitions.

‘‘Sec. 5211. Authorization of appropriations.

‘‘Subpart 2—Credit Enhancement Initiatives To Assist Charter School Facility

Acquisition, Construction, and Renovation

‘‘Sec. 5221. Purpose.

‘‘Sec. 5222. Grants to eligible entities.

‘‘Sec. 5223. Applications.

‘‘Sec. 5224. Charter school objectives.

‘‘Sec. 5225. Reserve account.

‘‘Sec. 5226. Limitation on administrative costs.

‘‘Sec. 5227. Audits and reports.

‘‘Sec. 5228. No full faith and credit for grantee obligations.

‘‘Sec. 5229. Recovery of funds.

‘‘Sec. 5230. Definitions.

‘‘Sec. 5231. Authorization of appropriations.

‘‘Subpart 3—Voluntary Public School Choice Programs

‘‘Sec. 5241. Grants.

‘‘Sec. 5242. Uses of funds.

‘‘Sec. 5243. Applications.

‘‘Sec. 5244. Priorities.

‘‘Sec. 5245. Requirements and voluntary participation.

‘‘Sec. 5246. Evaluations.

‘‘Sec. 5247. Definitions.

‘‘Sec. 5248. Authorization of appropriations.

‘‘PART C—MAGNET SCHOOLS ASSISTANCE

‘‘Sec. 5301. Findings and purpose.

‘‘Sec. 5302. Definition.

‘‘Sec. 5303. Program authorized.

‘‘Sec. 5304. Eligibility.

‘‘Sec. 5305. Applications and requirements.

‘‘Sec. 5306. Priority.

‘‘Sec. 5307. Use of funds.

‘‘Sec. 5308. Prohibition.

‘‘Sec. 5309. Limitations.

‘‘Sec. 5310. Evaluations.

‘‘Sec. 5311. Authorization of appropriations; reservation.

‘‘PART D—FUND FOR THE IMPROVEMENT OF EDUCATION

‘‘Sec. 5401. Authorization of appropriations.

‘‘Subpart 1—Fund for the Improvement of Education

‘‘Sec. 5411. Programs authorized.

‘‘Sec. 5412. Applications.

‘‘Sec. 5413. Program requirements.

‘‘Sec. 5414. Studies of national significance.

‘‘Subpart 2—Elementary and Secondary School Counseling Programs

‘‘Sec. 5421. Elementary and secondary school counseling programs.

‘‘Subpart 3—Partnerships in Character Education

‘‘Sec. 5431. Partnerships in Character Education program.

‘‘Subpart 4—Smaller Learning Communities

‘‘Sec. 5441. Smaller learning communities.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1435

‘‘Subpart 5—Reading Is Fundamental—Inexpensive Book Distribution Program

‘‘Sec. 5451. Inexpensive book distribution program for reading motivation.

‘‘Subpart 6—Gifted and Talented Students

‘‘Sec. 5461. Short title.

‘‘Sec. 5462. Purpose.

‘‘Sec. 5463. Rule of construction.

‘‘Sec. 5464. Authorized programs.

‘‘Sec. 5465. Program priorities.

‘‘Sec. 5466. General provisions.

‘‘Subpart 7—Star Schools Program

‘‘Sec. 5471. Short title.

‘‘Sec. 5472. Purposes.

‘‘Sec. 5473. Grant program authorized.

‘‘Sec. 5474. Applications.

‘‘Sec. 5475. Other grant assistance.

‘‘Sec. 5476. Administrative provisions.

‘‘Sec. 5477. Definitions.

‘‘Subpart 8—Ready to Teach

‘‘Sec. 5481. Grants.

‘‘Sec. 5482. Application required.

‘‘Sec. 5483. Reports and evaluation.

‘‘Sec. 5484. Digital educational programming grants.

‘‘Sec. 5485. Administrative costs.

‘‘Subpart 9—Foreign Language Assistance Program

‘‘Sec. 5491. Short title.

‘‘Sec. 5492. Program authorized.

‘‘Sec. 5493. Applications.

‘‘Sec. 5494. Elementary school foreign language incentive program.

‘‘Subpart 10—Physical Education

‘‘Sec. 5501. Short title.

‘‘Sec. 5502. Purpose.

‘‘Sec. 5503. Program authorized.

‘‘Sec. 5504. Applications.

‘‘Sec. 5505. Requirements.

‘‘Sec. 5506. Administrative provisions.

‘‘Sec. 5507. Supplement, not supplant.

‘‘Subpart 11—Community Technology Centers

‘‘Sec. 5511. Purpose and program authorization.

‘‘Sec. 5512. Eligibility and application requirements.

‘‘Sec. 5513. Uses of funds.

‘‘Subpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for

Alaska Natives, Native Hawaiians, and Their Historical Whaling and Trading

Partners in Massachusetts

‘‘Sec. 5521. Short title.

‘‘Sec. 5522. Findings and purposes.

‘‘Sec. 5523. Program authorization.

‘‘Sec. 5524. Administrative provisions.

‘‘Sec. 5525. Availability of funds.

‘‘Sec. 5526. Definitions.

‘‘Subpart 13—Excellence in Economic Education

‘‘Sec. 5531. Short title.

‘‘Sec. 5532. Purpose and goals.

‘‘Sec. 5533. Grant program authorized.

‘‘Sec. 5534. Applications.

‘‘Sec. 5535. Requirements.

‘‘Sec. 5536. Administrative provisions.

‘‘Sec. 5537. Supplement, not supplant.

‘‘Subpart 14—Grants to Improve the Mental Health of Children

‘‘Sec. 5541. Grants for the integration of schools and mental health systems.

115 STAT. 1436 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Sec. 5542. Promotion of school readiness through early childhood emotional and

social development.

‘‘Subpart 15—Arts in Education

‘‘Sec. 5551. Assistance for arts education.

‘‘Subpart 16—Parental Assistance and Local Family Information Centers

‘‘Sec. 5561. Purposes.

‘‘Sec. 5562. Grants authorized.

‘‘Sec. 5563. Applications.

‘‘Sec. 5564. Uses of funds.

‘‘Sec. 5565. Administrative provisions.

‘‘Sec. 5566. Local family information centers.

‘‘Subpart 17—Combatting Domestic Violence

‘‘Sec. 5571. Grants to combat the impact of experiencing or witnessing domestic violence on elementary and secondary school children.

‘‘Subpart 18—Healthy, High-Performance Schools

‘‘Sec. 5581. Grant program authorized.

‘‘Sec. 5582. State uses of funds.

‘‘Sec. 5583. Local uses of funds.

‘‘Sec. 5584. Report to Congress.

‘‘Sec. 5585. Limitations.

‘‘Sec. 5586. Healthy, high-performance school building defined.

‘‘Subpart 19—Grants for Capital Expenses of Providing Equitable Services for

Private School Students

‘‘Sec. 5591. Grant program authorized.

‘‘Sec. 5592. Uses of funds.

‘‘Sec. 5593. Allotments to States.

‘‘Sec. 5594. Subgrants to local educational agencies.

‘‘Sec. 5595. Capital expenses defined.

‘‘Sec. 5596. Termination.

‘‘Subpart 20—Additional Assistance for Certain Local Educational Agencies

Impacted by Federal Property Acquisition

‘‘Sec. 5601. Reservation.

‘‘Sec. 5602. Eligibility.

‘‘Sec. 5603. Maximum amount.

‘‘Subpart 21—Women’s Educational Equity Act

‘‘Sec. 5611. Short title and findings.

‘‘Sec. 5612. Statement of purpose.

‘‘Sec. 5613. Programs authorized.

‘‘Sec. 5614. Applications.

‘‘Sec. 5615. Criteria and priorities.

‘‘Sec. 5616. Report.

‘‘Sec. 5617. Administration.

‘‘Sec. 5618. Amount.

‘‘TITLE VI—FLEXIBILITY AND ACCOUNTABILITY

‘‘PART A—IMPROVING ACADEMIC ACHIEVEMENT

‘‘Subpart 1—Accountability

‘‘Sec. 6111. Grants for State assessments and related activities.

‘‘Sec. 6112. Grants for enhanced assessment instruments.

‘‘Sec. 6113. Funding.

‘‘Subpart 2—Funding Transferability for State and Local Educational Agencies

‘‘Sec. 6121. Short title.

‘‘Sec. 6122. Purpose.

‘‘Sec. 6123. Transferability of funds.

‘‘Subpart 3—State and Local Flexibility Demonstration

‘‘Sec. 6131. Short title.

‘‘Sec. 6132. Purpose.

‘‘Sec. 6133. General provision.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1437

‘‘CHAPTER A—STATE FLEXIBILITY AUTHORITY

‘‘Sec. 6141. State flexibility.

‘‘Sec. 6142. Consolidation and use of funds.

‘‘Sec. 6143. Performance review and penalties.

‘‘Sec. 6144. Renewal of grant of flexibility authority.

‘‘CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION

‘‘Sec. 6151. Local flexibility demonstration agreements.

‘‘Sec. 6152. Consolidation and use of funds.

‘‘Sec. 6153. Limitations on administrative expenditures.

‘‘Sec. 6154. Performance review and penalties.

‘‘Sec. 6155. Renewal of local flexibility demonstration agreement.

‘‘Sec. 6156. Reports.

‘‘Subpart 4—State Accountability for Adequate Yearly Progress

‘‘Sec. 6161. Accountability for adequate yearly progress.

‘‘Sec. 6162. Peer review.

‘‘Sec. 6163. Technical assistance.

‘‘Sec. 6164. Report to Congress.

‘‘PART B—RURAL EDUCATION INITIATIVE

‘‘Sec. 6201. Short title.

‘‘Sec. 6202. Purpose.

‘‘Subpart 1—Small, Rural School Achievement Program

‘‘Sec. 6211. Use of applicable funding.

‘‘Sec. 6212. Grant program authorized.

‘‘Sec. 6213. Accountability.

‘‘Subpart 2—Rural and Low-Income School Program

‘‘Sec. 6221. Program authorized.

‘‘Sec. 6222. Uses of funds.

‘‘Sec. 6223. Applications.

‘‘Sec. 6224. Accountability.

‘‘Subpart 3—General Provisions

‘‘Sec. 6231. Annual average daily attendance determination.

‘‘Sec. 6232. Supplement, not supplant.

‘‘Sec. 6233. Rule of construction.

‘‘Sec. 6234. orization of appropriations.

‘‘PART C—GENERAL PROVISIONS

‘‘Sec. 6301. Prohibition against Federal mandates, direction, or control.

‘‘Sec. 6302. Rule of construction on equalized spending.

‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

‘‘PART A—INDIAN EDUCATION

‘‘Sec. 7101. Statement of policy.

‘‘Sec. 7102. Purpose.

‘‘Subpart 1—Formula Grants to Local Educational Agencies

‘‘Sec. 7111. Purpose.

‘‘Sec. 7112. Grants to local educational agencies and tribes.

‘‘Sec. 7113. Amount of grants.

‘‘Sec. 7114. Applications.

‘‘Sec. 7115. Authorized services and activities.

‘‘Sec. 7116. Integration of services authorized.

‘‘Sec. 7117. Student eligibility forms.

‘‘Sec. 7118. Payments.

‘‘Sec. 7119. State educational agency review.

‘‘Subpart 2—Special Programs and Projects To Improve Educational Opportunities

for Indian Children

‘‘Sec. 7121. Improvement of educational opportunities for Indian children.

‘‘Sec. 7122. Professional development for teachers and education professionals.

‘‘Subpart 3—National Activities

‘‘Sec. 7131. National research activities.

115 STAT. 1438 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Sec. 7132. In-service training for teachers of Indian children.

‘‘Sec. 7133. Fellowships for Indian students.

‘‘Sec. 7134. Gifted and talented Indian students.

‘‘Sec. 7135. Grants to tribes for education administrative planning and development. ‘‘Sec. 7136. Improvement of educational opportunities for adult Indians.

‘‘Subpart 4—Federal Administration

‘‘Sec. 7141. National Advisory Council on Indian Education.

‘‘Sec. 7142. Peer review.

‘‘Sec. 7143. Preference for Indian applicants.

‘‘Sec. 7144. Minimum grant criteria.

‘‘Subpart 5—Definitions; Authorizations of Appropriations

‘‘Sec. 7151. Definitions.

‘‘Sec. 7152. Authorizations of appropriations.

‘‘PART B—NATIVE HAWAIIAN EDUCATION

‘‘Sec. 7201. Short title.

‘‘Sec. 7202. Findings.

‘‘Sec. 7203. Purposes.

‘‘Sec. 7204. Native Hawaiian Education Council and island councils.

‘‘Sec. 7205. Program authorized.

‘‘Sec. 7206. Administrative provisions.

‘‘Sec. 7207. Definitions.

‘‘PART C—AALASKA NATIVE EDUCATION

‘‘Sec. 7301. Short title.

‘‘Sec. 7302. Findings.

‘‘Sec. 7303. Purposes.

‘‘Sec. 7304. Program authorized.

‘‘Sec. 7305. Administrative provisions.

‘‘Sec. 7306. Definitions.

‘‘TITLE VIII—IMPACT AID

‘‘Sec. 8001. Purpose.

‘‘Sec. 8002. Payments relating to Federal acquisition of real property.

‘‘Sec. 8003. Payments for eligible federally connected children.

‘Sec. 8004. Policies and procedures relating to children residing on Indian lands.

‘‘Sec. 8005. Application for payments under sections 8002 and 8003.

‘‘Sec. 8007. Construction.

‘‘Sec. 8008. Facilities.

‘‘Sec. 8009. State consideration of payments in providing State aid.

‘‘Sec. 8010. Federal administration.

‘‘Sec. 8011. Administrative hearings and judicial review.

‘‘Sec. 8012. Forgiveness of overpayments.

‘‘Sec. 8013. Definitions.

‘‘Sec. 8014. Authorization of appropriations.

‘‘TITLE IX—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS

‘‘Sec. 9101. Definitions.

‘‘Sec. 9102. Applicability of title.

‘‘Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.

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

‘‘Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. ‘‘Sec. 9202. Single local educational agency States.

‘‘Sec. 9203. Consolidation of funds for local administration.

‘‘Sec. 9204. Consolidated set-aside for Department of the Interior funds.

‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS

AND APPLICATIONS

‘‘Sec. 9301. Purpose.

‘‘Sec. 9302. Optional consolidated State plans or applications.

‘‘Sec. 9303. Consolidated reporting.

‘‘Sec. 9304. General applicability of State educational agency assurances.

‘‘Sec. 9305. Consolidated local plans or applications.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1439

‘‘Sec. 9306. Other general assurances.

‘‘PART D—WAIVERS

‘‘Sec. 9401. Waivers of statutory and regulatory requirements.

‘‘PART E—UNIFORM PROVISIONS

‘‘Subpart 1—Private Schools

‘‘Sec. 9501. Participation by private school children and teachers.

‘‘Sec. 9502. Standards for by-pass.

‘‘Sec. 9503. Complaint process for participation of private school children.

‘‘Sec. 9504. By-pass determination process.

‘‘Sec. 9505. Prohibition against funds for religious worship or instruction.

‘‘Sec. 9506. Private, religious, and home schools.

‘‘Subpart 2—Other Provisions

‘‘Sec. 9521. Maintenance of effort.

‘‘Sec. 9522. Prohibition regarding State aid.

‘‘Sec. 9523. Privacy of assessment results.

‘‘Sec. 9524. School prayer.

‘‘Sec. 9525. Equal access to public school facilities.

‘‘Sec. 9526. General prohibitions.

‘‘Sec. 9527. Prohibitions on Federal Government and use of Federal funds.

‘‘Sec. 9528. Armed Forces recruiter access to students and student recruiting information. ‘‘Sec. 9529. Prohibition on federally sponsored testing.

‘‘Sec. 9530. Limitations on national testing or certification for teachers.

‘‘Sec. 9531. Prohibition on nationwide database.

‘‘Sec. 9532. Unsafe school choice option.

‘‘Sec. 9533. Prohibition on discrimination.

‘‘Sec. 9534. Civil rights.

‘‘Sec. 9535. Rulemaking.

‘‘Sec. 9536. Severability.

‘‘PART F—EVALUATIONS

‘‘Sec. 9601. Evaluations.’’.

TITLE I—IMPROVING THE ACADEMIC

ACHIEVEMENT OF THE DISADVANTAGED

SEC. 101. IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED.

Title I of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 6301 et seq.) is amended to read as follows:

‘‘TITLE I—IMPROVING THE ACADEMIC

ACHIEVEMENT OF THE DISADVANTAGED

‘‘SEC. 1001. STATEMENT OF PURPOSE.

‘‘The purpose of this title is to ensure that all children have

a fair, equal, and significant opportunity to obtain a high-quality

education and reach, at a minimum, proficiency on challenging

State academic achievement standards and state academic assessments. This purpose can be accomplished by—

‘‘(1) ensuring that high-quality academic assessments,

accountability systems, teacher preparation and training, curriculum, and instructional materials are aligned with challenging State academic standards so that students, teachers,

20 USC 6301.

115 STAT. 1440 PUBLIC LAW 107–110—JAN. 8, 2002

parents, and administrators can measure progress against

common expectations for student academic achievement;

‘‘(2) meeting the educational needs of low-achieving children in our Nation’s highest-poverty schools, limited English

proficient children, migratory children, children with disabilities, Indian children, neglected or delinquent children, and

young children in need of reading assistance;

‘‘(3) closing the achievement gap between high- and lowperforming children, especially the achievement gaps between

minority and nonminority students, and between disadvantaged

children and their more advantaged peers;

‘‘(4) holding schools, local educational agencies, and States

accountable for improving the academic achievement of all students, and identifying and turning around low-performing

schools that have failed to provide a high-quality education

to their students, while providing alternatives to students in

such schools to enable the students to receive a high-quality

education;

‘‘(5) distributing and targeting resources sufficiently to

make a difference to local educational agencies and schools

where needs are greatest;

‘‘(6) improving and strengthening accountability, teaching,

and learning by using State assessment systems designed to

ensure that students are meeting challenging State academic

achievement and content standards and increasing achievement

overall, but especially for the disadvantaged;

‘‘(7) providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance;

‘‘(8) providing children an enriched and accelerated educational program, including the use of schoolwide programs

or additional services that increase the amount and quality

of instructional time;

‘‘(9) promoting schoolwide reform and ensuring the access

of children to effective, scientifically based instructional strategies and challenging academic content;

‘‘(10) significantly elevating the quality of instruction by

providing staff in participating schools with substantial

opportunities for professional development;

‘‘(11) coordinating services under all parts of this title with

each other, with other educational services, and, to the extent

feasible, with other agencies providing services to youth, children, and families; and

‘‘(12) affording parents substantial and meaningful

opportunities to participate in the education of their children.

‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the purpose

of carrying out part A, there are authorized to be appropriated—

‘‘(1) $13,500,000,000 for fiscal year 2002;

‘‘(2) $16,000,000,000 for fiscal year 2003;

‘‘(3) $18,500,000,000 for fiscal year 2004;

‘‘(4) $20,500,000,000 for fiscal year 2005;

‘‘(5) $22,750,000,000 for fiscal year 2006; and

‘‘(6) $25,000,000,000 for fiscal year 2007.

‘‘(b) READING FIRST.—

20 USC 6302.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1441

‘‘(1) READING FIRST.—For the purpose of carrying out subpart 1 of part B, there are authorized to be appropriated

$900,000,000 for fiscal year 2002 and such sums as may be

necessary for each of the 5 succeeding fiscal years.

‘‘(2) EARLY READING FIRST.—For the purpose of carrying

out subpart 2 of part B, there are authorized to be appropriated

$75,000,000 for fiscal year 2002 and such sums as may be

necessary for each of the 5 succeeding fiscal years.

‘‘(3) EVEN START.—For the purpose of carrying out subpart

3 of part B, there are authorized to be appropriated

$260,000,000 for fiscal year 2002 and such sums as may be

necessary for each of the 5 succeeding fiscal years.

‘‘(4) IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.—

For the purpose of carrying out subpart 4 of part B, there

are authorized to be appropriated $250,000,000 for fiscal year

2002 and such sums as may be necessary for each of the

5 succeeding fiscal years.

‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For the purpose

of carrying out part C, there are authorized to be appropriated

$410,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

‘‘(d) PREVENTION AND INTERVENTION PROGRAMS FOR YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR AT RISK.—For the purpose

of carrying out part D, there are authorized to be appropriated

$50,000,000 for fiscal year 2002 and such sums as may be necessary

for each of the 5 succeeding fiscal years.

‘‘(e) FEDERAL ACTIVITIES.—

‘‘(1) SECTIONS 1501 AND 1502.—For the purpose of carrying

out sections 1501 and 1502, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002

and each of the 5 succeeding fiscal years.

‘‘(2) SECTION 1504.—

‘‘(A) IN GENERAL.—For the purpose of carrying out

section 1504, there are authorized to be appropriated such

sums as may be necessary for fiscal year 2002 and for

each of the 5 succeeding fiscal years.

‘‘(B) SPECIAL RULE.—Of the funds appropriated pursuant to subparagraph (A), not more than 30 percent may

be used for teachers associated with students participating

in the programs described in subsections (a)(1), (b)(1), and

(c)(1).

‘‘(f) COMPREHENSIVE SCHOOL REFORM.—For the purpose of carrying out part F, there are authorized to be appropriated such

sums as may be necessary for fiscal year 2002 and each of the

5 succeeding fiscal years.

‘‘(g) ADVANCED PLACEMENT.—For the purposes of carrying out

part G, there are authorized to be appropriated such sums for

fiscal year 2002 and each 5 succeeding fiscal year.

‘‘(h) SCHOOL DROPOUT PREVENTION.—For the purpose of carrying out part H, there are authorized to be appropriated

$125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which—

‘‘(1) up to 10 percent shall be available to carry out subpart

1 of part H for each fiscal year; and

‘‘(2) the remainder shall be available to carry out subpart

2 of part H for each fiscal year.

115 STAT. 1442 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(i) SCHOOL IMPROVEMENT.—For the purpose of carrying out

section 1003(g), there are authorized to be appropriated

$500,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

‘‘SEC. 1003. SCHOOL IMPROVEMENT.

‘‘(a) STATE RESERVATIONS.—Each State shall reserve 2 percent

of the amount the State receives under subpart 2 of part A for

fiscal years 2002 and 2003, and 4 percent of the amount received

under such subpart for fiscal years 2004 through 2007, to carry

out subsection (b) and to carry out the State’s responsibilities under

sections 1116 and 1117, including carrying out the State educational

agency’s statewide system of technical assistance and support for

local educational agencies.

‘‘(b) USES.—Of the amount reserved under subsection (a) for

any fiscal year, the State educational agency—

‘‘(1) shall allocate not less than 95 percent of that amount

directly to local educational agencies for schools identified for

school improvement, corrective action, and restructuring, for

activities under section 1116(b); or

‘‘(2) may, with the approval of the local educational agency,

directly provide for these activities or arrange for their provision

through other entities such as school support teams or educational service agencies.

‘‘(c) PRIORITY.—The State educational agency, in allocating

funds to local educational agencies under this section, shall give

priority to local educational agencies that—

‘‘(1) serve the lowest-achieving schools;

‘‘(2) demonstrate the greatest need for such funds; and

‘‘(3) demonstrate the strongest commitment to ensuring

that such funds are used to enable the lowest-achieving schools

to meet the progress goals in school improvement plans under

section 1116 (b)(3)(A)(v).

‘‘(d) UNUSED FUNDS.—If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection

(b) is greater than the amount needed to provide the assistance

described in that subsection, the State educational agency shall

allocate the excess amount to local educational agencies in accordance with—

‘‘(1) the relative allocations the State educational agency

made to those agencies for that fiscal year under subpart 2

of part A; or

‘‘(2) section 1126(c).

‘‘(e) SPECIAL RULE.—Notwithstanding any other provision of

this section, the amount of funds reserved by the State educational

agency under subsection (a) in any fiscal year shall not decrease

the amount of funds each local educational agency receives under

subpart 2 below the amount received by such local educational

agency under such subpart for the preceding fiscal year.

‘‘(f) REPORTING.—The State educational agency shall make publicly available a list of those schools that have received funds

or services pursuant to subsection (b) and the percentage of students

from each school from families with incomes below the poverty

line.

‘‘(g) ASSISTANCE FOR LOCAL SCHOOL IMPROVEMENT.—

Public

information.

Records.

20 USC 6303.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1443

‘‘(1) PROGRAM AUTHORIZED.—The Secretary shall award

grants to States to enable the States to provide subgrants

to local educational agencies for the purpose of providing assistance for school improvement consistent with section 1116.

‘‘(2) STATE ALLOTMENTS.—Such grants shall be allotted

among States, the Bureau of Indian Affairs, and the outlying

areas, in proportion to the funds received by the States, the

Bureau of Indian Affairs, and the outlying areas, respectively,

for the fiscal year under parts A, C, and D of this title. The

Secretary shall expeditiously allot a portion of such funds to

States for the purpose of assisting local educational agencies

and schools that were in school improvement status on the

date preceding the date of enactment of the No Child Left

Behind Act of 2001.

‘‘(3) REALLOCATIONS.—If a State does not receive funds

under this subsection, the Secretary shall reallocate such funds

to other States in the same proportion funds are allocated

under paragraph (2).

‘‘(4) STATE APPLICATIONS.—Each State educational agency

that desires to receive funds under this subsection shall submit

an application to the Secretary at such time, and containing

such information, as the Secretary shall reasonably require,

except that such requirement shall be waived if a State educational agency submitted such information as part of its State

plan under this part. Each State application shall describe

how the State educational agency will allocate such funds in

order to assist the State educational agency and local educational agencies in complying with school improvement, corrective action, and restructuring requirements of section 1116.

‘‘(5) LOCAL EDUCATIONAL AGENCY GRANTS.—A grant to a

local educational agency under this subsection shall be—

‘‘(A) of sufficient size and scope to support the activities

required under sections 1116 and 1117, but not less than

$50,000 and not more than $500,000 for each participating

school;

‘‘(B) integrated with other funds awarded by the State

under this Act; and

‘‘(C) renewable for two additional 1-year periods if

schools are meeting the goals in their school improvement

plans developed under section 1116.

‘‘(6) PRIORITY.—The State, in awarding such grants, shall

give priority to local educational agencies with the lowestachieving schools that demonstrate—

‘‘(A) the greatest need for such funds; and

‘‘(B) the strongest commitment to ensuring that such

funds are used to provide adequate resources to enable

the lowest-achieving schools to meet the goals under school

and local educational agency improvement, corrective

action, and restructuring plans under section 1116.

‘‘(7) ALLOCATION.—A State educational agency that receives

a grant under this subsection shall allocate at least 95 percent

of the grant funds directly to local educational agencies for

schools identified for school improvement, corrective action,

or restructuring to carry out activities under section 1116(b),

or may, with the approval of the local educational agency,

directly provide for these activities or arrange for their provision

115 STAT. 1444 PUBLIC LAW 107–110—JAN. 8, 2002

through other entities such as school support teams or educational service agencies. ‘‘(8) ADMINISTRATIVE COSTS.—A State educational agency

that receives a grant award under this subsection may reserve

not more than 5 percent of such grant funds for administration,

evaluation, and technical assistance expenses. ‘‘(9) LOCAL AWARDS.—Each local educational agency that

applies for assistance under this subsection shall describe how

it will provide the lowest-achieving schools the resources necessary to meet goals under school and local educational agency

improvement, corrective action, and restructuring plans under

section 1116.

‘‘SEC. 1004. STATE ADMINISTRATION.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), to

carry out administrative duties assigned under parts A, C, and

D of this title, each State may reserve the greater of—

‘‘(1) 1 percent of the amounts received under such parts;

or

‘‘(2) $400,000 ($50,000 in the case of each outlying area).

‘‘(b) EXCEPTION.—If the sum of the amounts appropriated for

parts A, C, and D of this title is equal to or greater than

$14,000,000,000, then the reservation described in subsection (a)(1)

shall not exceed 1 percent of the amount the State would receive,

if $14,000,000,000 were allocated among the States for parts A,

C, and D of this title.

‘‘PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

‘‘Subpart 1—Basic Program Requirements

‘‘SEC. 1111. STATE PLANS.

‘‘(a) PLANS REQUIRED.— ‘‘(1) IN GENERAL.—For any State desiring to receive a grant

under this part, the State educational agency shall submit

to the Secretary a plan, developed by the State educational

agency, in consultation with local educational agencies,

teachers, principals, pupil services personnel, administrators

(including administrators of programs described in other parts

of this title), other staff, and parents, that satisfies the requirements of this section and that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Vocational and Technical Education Act of 1998, the Head Start Act, the Adult Education

and Family Literacy Act, and the McKinney-Vento Homeless

Assistance Act.

‘‘(2) CONSOLIDATED PLAN.—A State plan submitted under

paragraph (1) may be submitted as part of a consolidated

plan under section 9302.

‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND

ACCOUNTABILITY.—

‘‘(1) CHALLENGING ACADEMIC STANDARDS.—

‘‘(A) IN GENERAL.—Each State plan shall demonstrate

that the State has adopted challenging academic content

standards and challenging student academic achievement

20 USC 6311.

20 USC 6304.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1445

standards that will be used by the State, its local educational agencies, and its schools to carry out this part,

except that a State shall not be required to submit such

standards to the Secretary.

‘‘(B) SAME STANDARDS.—The academic standards

required by subparagraph (A) shall be the same academic

standards that the State applies to all schools and children

in the State. ‘‘(C) SUBJECTS.—The State shall have such academic

standards for all public elementary school and secondary

school children, including children served under this part,

in subjects determined by the State, but including at least

mathematics, reading or language arts, and (beginning in

the 2005–2006 school year) science, which shall include

the same knowledge, skills, and levels of achievement

expected of all children. ‘‘(D) CHALLENGING ACADEMIC STANDARDS.—Standards

under this paragraph shall include—

‘‘(i) challenging academic content standards in academic subjects that—

‘‘(I) specify what children are expected to know

and be able to do;

‘‘(II) contain coherent and rigorous content;

and

‘‘(III) encourage the teaching of advanced

skills; and

‘‘(ii) challenging student academic achievement

standards that—

‘‘(I) are aligned with the State’s academic content standards;

‘‘(II) describe two levels of high achievement

(proficient and advanced) that determine how well

children are mastering the material in the State

academic content standards; and

‘‘(III) describe a third level of achievement

(basic) to provide complete information about the

progress of the lower-achieving children toward

mastering the proficient and advanced levels of

achievement.

‘‘(E) INFORMATION.—For the subjects in which students

will be served under this part, but for which a State is

not required by subparagraphs (A), (B), and (C) to develop,

and has not otherwise developed, such academic standards,

the State plan shall describe a strategy for ensuring that

students are taught the same knowledge and skills in

such subjects and held to the same expectations as are

all children.

‘‘(F) EXISTING STANDARDS.—Nothing in this part shall

prohibit a State from revising, consistent with this section,

any standard adopted under this part before or after the

date of enactment of the No Child Left Behind Act of

2001.

‘‘(2) ACCOUNTABILITY.—

‘‘(A) IN GENERAL.—Each State plan shall demonstrate

that the State has developed and is implementing a single,

statewide State accountability system that will be effective

in ensuring that all local educational agencies, public

115 STAT. 1446 PUBLIC LAW 107–110—JAN. 8, 2002

elementary schools, and public secondary schools make adequate yearly progress as defined under this paragraph.

Each State accountability system shall— ‘‘(i) be based on the academic standards and academic assessments adopted under paragraphs (1) and

(3), and other academic indicators consistent with

subparagraph (C)(vi) and (vii), and shall take into

account the achievement of all public elementary school

and secondary school students;

‘‘(ii) be the same accountability system the State

uses for all public elementary schools and secondary

schools or all local educational agencies in the State,

except that public elementary schools, secondary

schools, and local educational agencies not participating under this part are not subject to the requirements of section 1116; and

‘‘(iii) include sanctions and rewards, such as

bonuses and recognition, the State will use to hold

local educational agencies and public elementary

schools and secondary schools accountable for student

achievement and for ensuring that they make adequate

yearly progress in accordance with the State’s definition under subparagraphs (B) and (C).

‘‘(B) ADEQUATE YEARLY PROGRESS.—Each State plan

shall demonstrate, based on academic assessments

described in paragraph (3), and in accordance with this

paragraph, what constitutes adequate yearly progress of

the State, and of all public elementary schools, secondary

schools, and local educational agencies in the State, toward

enabling all public elementary school and secondary school

students to meet the State’s student academic achievement

standards, while working toward the goal of narrowing

the achievement gaps in the State, local educational agencies, and schools.

‘‘(C) DEFINITION.—‘Adequate yearly progress’ shall be

defined by the State in a manner that—

‘‘(i) applies the same high standards of academic

achievement to all public elementary school and secondary school students in the State;

‘‘(ii) is statistically valid and reliable;

‘‘(iii) results in continuous and substantial academic improvement for all students;

‘‘(iv) measures the progress of public elementary

schools, secondary schools and local educational agencies and the State based primarily on the academic

assessments described in paragraph (3);

‘‘(v) includes separate measurable annual objectives for continuous and substantial improvement for

each of the following:

‘‘(I) The achievement of all public elementary

school and secondary school students.

‘‘(II) The achievement of—

‘‘(aa) economically disadvantaged students;

‘‘(bb) students from major racial and

ethnic groups;

‘‘(cc) students with disabilities; and

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1447

‘‘(dd) students with limited English proficiency;

except that disaggregation of data under subclause

(II) shall not be required in a case in which the

number of students in a category is insufficient

to yield statistically reliable information or the

results would reveal personally identifiable

information about an individual student;

‘‘(vi) in accordance with subparagraph (D), includes

graduation rates for public secondary school students

(defined as the percentage of students who graduate

from secondary school with a regular diploma in the

standard number of years) and at least one other academic indicator, as determined by the State for all

public elementary school students; and

‘‘(vii) in accordance with subparagraph (D), at the

State’s discretion, may also include other academic

indicators, as determined by the State for all public

school students, measured separately for each group

described in clause (v), such as achievement on additional State or locally administered assessments,

decreases in grade-to-grade retention rates, attendance

rates, and changes in the percentages of students completing gifted and talented, advanced placement, and

college preparatory courses.

‘‘(D) REQUIREMENTS FOR OTHER INDICATORS.—In carrying out subparagraph (C)(vi) and (vii), the State—

‘‘(i) shall ensure that the indicators described in

those provisions are valid and reliable, and are consistent with relevant, nationally recognized professional and technical standards, if any; and

‘‘(ii) except as provided in subparagraph (I)(i), may

not use those indicators to reduce the number of, or

change, the schools that would otherwise be subject

to school improvement, corrective action, or restructuring under section 1116 if those additional indicators

were not used, but may use them to identify additional

schools for school improvement or in need of corrective

action or restructuring.

‘‘(E) STARTING POINT.—Each State, using data for the

2001–2002 school year, shall establish the starting point

for measuring, under subparagraphs (G) and (H), the

percentage of students meeting or exceeding the State’s

proficient level of academic achievement on the State

assessments under paragraph (3) and pursuant to the

timeline described in subparagraph (F). The starting point

shall be, at a minimum, based on the higher of the percentage of students at the proficient level who are in—

‘‘(i) the State’s lowest achieving group of students

described in subparagraph (C)(v)(II); or

‘‘(ii) the school at the 20th percentile in the State,

based on enrollment, among all schools ranked by the

percentage of students at the proficient level.

‘‘(F) TIMELINE.—Each State shall establish a timeline

for adequate yearly progress. The timeline shall ensure

that not later than 12 years after the end of the 2001–

2002 school year, all students in each group described

115 STAT. 1448 PUBLIC LAW 107–110—JAN. 8, 2002

in subparagraph (C)(v) will meet or exceed the State’s

proficient level of academic achievement on the State

assessments under paragraph (3).

‘‘(G) MEASURABLE OBJECTIVES.—Each State shall establish statewide annual measurable objectives, pursuant to

subparagraph (C)(v), for meeting the requirements of this

paragraph, and which—

‘‘(i) shall be set separately for the assessments

of mathematics and reading or language arts under

subsection (a)(3);

‘‘(ii) shall be the same for all schools and local

educational agencies in the State;

‘‘(iii) shall identify a single minimum percentage

of students who are required to meet or exceed the

proficient level on the academic assessments that

applies separately to each group of students described

in subparagraph (C)(v);

‘‘(iv) shall ensure that all students will meet or

exceed the State’s proficient level of academic achievement on the State assessments within the State’s

timeline under subparagraph (F); and

‘‘(v) may be the same for more than 1 year, subject

to the requirements of subparagraph (H).

‘‘(H) INTERMEDIATE GOALS FOR ANNUAL YEARLY

PROGRESS.—Each State shall establish intermediate goals

for meeting the requirements, including the measurable

objectives in subparagraph (G), of this paragraph and that

shall—

‘‘(i) increase in equal increments over the period

covered by the State’s timeline under subparagraph

(F);

‘‘(ii) provide for the first increase to occur in not

more than 2 years; and

‘‘(iii) provide for each following increase to occur

in not more than 3 years.

‘‘(I) ANNUAL IMPROVEMENT FOR SCHOOLS.—Each year,

for a school to make adequate yearly progress under this

paragraph—

‘‘(i) each group of students described in subparagraph (C)(v) must meet or exceed the objectives set

by the State under subparagraph (G), except that if

any group described in subparagraph (C)(v) does not

meet those objectives in any particular year, the school

shall be considered to have made adequate yearly

progress if the percentage of students in that group

who did not meet or exceed the proficient level of

academic achievement on the State assessments under

paragraph (3) for that year decreased by 10 percent

of that percentage from the preceding school year and

that group made progress on one or more of the academic indicators described in subparagraph (C)(vi) or

(vii); and

‘‘(ii) not less than 95 percent of each group of

students described in subparagraph (C)(v) who are

enrolled in the school are required to take the assessments, consistent with paragraph (3)(C)(xi) and with

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1449

accommodations, guidelines, and alternative assessments provided in the same manner as those provided

under section 612(a)(17)(A) of the Individuals with

Disabilities Education Act and paragraph (3), on which

adequate yearly progress is based (except that the

95 percent requirement described in this clause shall

not apply in a case in which the number of students

in a category is insufficient to yield statistically reliable

information or the results would reveal personally

identifiable information about an individual student).

‘‘(J) UNIFORM AVERAGING PROCEDURE.—For the purpose

of determining whether schools are making adequate yearly

progress, the State may establish a uniform procedure for

averaging data which includes one or more of the following:

‘‘(i) The State may average data from the school

year for which the determination is made with data

from one or two school years immediately preceding

that school year.

‘‘(ii) Until the assessments described in paragraph

(3) are administered in such manner and time to allow

for the implementation of the uniform procedure for

averaging data described in clause (i), the State may

use the academic assessments that were required

under paragraph (3) as that paragraph was in effect

on the day preceding the date of enactment of the

No Child Left Behind Act of 2001, provided that

nothing in this clause shall be construed to undermine

or delay the determination of adequate yearly progress,

the requirements of section 1116, or the implementation of assessments under this section.

‘‘(iii) The State may use data across grades in

a school.

‘‘(K) ACCOUNTABILITY FOR CHARTER SCHOOLS.—The

accountability provisions under this Act shall be overseen

for charter schools in accordance with State charter school

law.

‘‘(3) ACADEMIC ASSESSMENTS.—

‘‘(A) IN GENERAL.—Each State plan shall demonstrate

that the State educational agency, in consultation with

local educational agencies, has implemented a set of highquality, yearly student academic assessments that include,

at a minimum, academic assessments in mathematics,

reading or language arts, and science that will be used

as the primary means of determining the yearly performance of the State and of each local educational agency

and school in the State in enabling all children to meet

the State’s challenging student academic achievement

standards, except that no State shall be required to meet

the requirements of this part relating to science assessments until the beginning of the 2007–2008 school year.

‘‘(B) USE OF ASSESSMENTS.—Each State educational

agency may incorporate the data from the assessments

under this paragraph into a State-developed longitudinal

data system that links student test scores, length of enrollment, and graduation records over time.

‘‘(C) REQUIREMENTS.—Such assessments shall—

115 STAT. 1450 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(i) be the same academic assessments used to

measure the achievement of all children; ‘‘(ii) be aligned with the State’s challenging academic content and student academic achievement

standards, and provide coherent information about student attainment of such standards;

‘‘(iii) be used for purposes for which such assessments are valid and reliable, and be consistent with

relevant, nationally recognized professional and technical standards;

‘‘(iv) be used only if the State educational agency

provides to the Secretary evidence from the test publisher or other relevant sources that the assessments

used are of adequate technical quality for each purpose

required under this Act and are consistent with the

requirements of this section, and such evidence is made

public by the Secretary upon request;

‘‘(v)(I) except as otherwise provided for grades 3

through 8 under clause vii, measure the proficiency

of students in, at a minimum, mathematics and reading

or language arts, and be administered not less than

once during—

‘‘(aa) grades 3 through 5;

‘‘(bb) grades 6 through 9; and

‘‘(cc) grades 10 through 12;

‘‘(II) beginning not later than school year 2007–

2008, measure the proficiency of all students in science

and be administered not less than one time during—

‘‘(aa) grades 3 through 5;

‘‘(bb) grades 6 through 9; and

‘‘(cc) grades 10 through 12;

‘‘(vi) involve multiple up-to-date measures of student academic achievement, including measures that

assess higher-order thinking skills and understanding;

‘‘(vii) beginning not later than school year 2005–

2006, measure the achievement of students against

the challenging State academic content and student

academic achievement standards in each of grades 3

through 8 in, at a minimum, mathematics, and reading

or language arts, except that the Secretary may provide

the State 1 additional year if the State demonstrates

that exceptional or uncontrollable circumstances, such

as a natural disaster or a precipitous and unforeseen

decline in the financial resources of the State, prevented full implementation of the academic assessments by that deadline and that the State will complete

implementation within the additional 1-year period;

‘‘(viii) at the discretion of the State, measure the

proficiency of students in academic subjects not

described in clauses (v), (vi), (vii) in which the State

has adopted challenging academic content and academic achievement standards;

‘‘(ix) provide for—

‘‘(I) the participation in such assessments of

all students;

‘‘(II) the reasonable adaptations and accommodations for students with disabilities (as defined

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1451

under section 602(3) of the Individuals with

Disabilities Education Act) necessary to measure

the academic achievement of such students relative

to State academic content and State student academic achievement standards; and

‘‘(III) the inclusion of limited English proficient

students, who shall be assessed in a valid and

reliable manner and provided reasonable accommodations on assessments administered to such

students under this paragraph, including, to the

extent practicable, assessments in the language

and form most likely to yield accurate data on

what such students know and can do in academic

content areas, until such students have achieved

English language proficiency as determined under

paragraph (7);

‘‘(x) notwithstanding subclause (III), the academic

assessment (using tests written in English) of reading

or language arts of any student who has attended

school in the United States (not including Puerto Rico)

for three or more consecutive school years, except that

if the local educational agency determines, on a caseby-case individual basis, that academic assessments

in another language or form would likely yield more

accurate and reliable information on what such student

knows and can do, the local educational agency may

make a determination to assess such student in the

appropriate language other than English for a period

that does not exceed two additional consecutive years,

provided that such student has not yet reached a level

of English language proficiency sufficient to yield valid

and reliable information on what such student knows

and can do on tests (written in English) of reading

or language arts;

‘‘(xi) include students who have attended schools

in a local educational agency for a full academic year

but have not attended a single school for a full academic year, except that the performance of students

who have attended more than 1 school in the local

educational agency in any academic year shall be used

only in determining the progress of the local educational agency;

‘‘(xii) produce individual student interpretive,

descriptive, and diagnostic reports, consistent with

clause (iii) that allow parents, teachers, and principals

to understand and address the specific academic needs

of students, and include information regarding achievement on academic assessments aligned with State academic achievement standards, and that are provided

to parents, teachers, and principals, as soon as is practicably possible after the assessment is given, in an

understandable and uniform format, and to the extent

practicable, in a language that parents can understand;

‘‘(xiii) enable results to be disaggregated within

each State, local educational agency, and school by

gender, by each major racial and ethnic group, by

115 STAT. 1452 PUBLIC LAW 107–110—JAN. 8, 2002

English proficiency status, by migrant status, by students with disabilities as compared to nondisabled students, and by economically disadvantaged students as

compared to students who are not economically disadvantaged, except that, in the case of a local educational agency or a school, such disaggregation shall

not be required in a case in which the number of

students in a category is insufficient to yield statistically reliable information or the results would reveal

personally identifiable information about an individual

student;

‘‘(xiv) be consistent with widely accepted professional testing standards, objectively measure academic

achievement, knowledge, and skills, and be tests that

do not evaluate or assess personal or family beliefs

and attitudes, or publicly disclose personally identifiable information; and

‘‘(xv) enable itemized score analyses to be produced

and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers,

principals, and administrators can interpret and

address the specific academic needs of students as

indicated by the students’ achievement on assessment

items.

‘‘(D) DEFERRAL.—A State may defer the commencement, or suspend the administration, but not cease the

development, of the assessments described in this paragraph, that were not required prior to the date of enactment

of the No Child Left Behind Act of 2001, for 1 year for

each year for which the amount appropriated for grants

under section 6113(a)(2) is less than—

‘‘(i) $370,000,000 for fiscal year 2002;

‘‘(ii) $380,000,000 for fiscal year 2003;

‘‘(iii) $390,000,000 for fiscal year 2004; and

‘‘(iv) $400,000,000 for fiscal years 2005 through

2007.

‘‘(4) SPECIAL RULE.—Academic assessment measures in

addition to those in paragraph (3) that do not meet the requirements of such paragraph may be included in the assessment

under paragraph (3) as additional measures, but may not be

used in lieu of the academic assessments required under paragraph (3). Such additional assessment measures may not be

used to reduce the number of or change, the schools that

would otherwise be subject to school improvement, corrective

action, or restructuring under section 1116 if such additional

indicators were not used, but may be used to identify additional

schools for school improvement or in need of corrective action

or restructuring except as provided in paragraph (2)(I)(i).

‘‘(5) STATE AUTHORITY.—If a State educational agency provides evidence, which is satisfactory to the Secretary, that

neither the State educational agency nor any other State

government official, agency, or entity has sufficient authority,

under State law, to adopt curriculum content and student academic achievement standards, and academic assessments

aligned with such academic standards, which will be applicable

to all students enrolled in the State’s public elementary schools

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1453

and secondary schools, then the State educational agency may

meet the requirements of this subsection by— ‘‘(A) adopting academic standards and academic assessments that meet the requirements of this subsection, on

a statewide basis, and limiting their applicability to students served under this part; or

‘‘(B) adopting and implementing policies that ensure

that each local educational agency in the State that receives

grants under this part will adopt curriculum content and

student academic achievement standards, and academic

assessments aligned with such standards, which—

‘‘(i) meet all of the criteria in this subsection and

any regulations regarding such standards and assessments that the Secretary may publish; and

‘‘(ii) are applicable to all students served by each

such local educational agency.

‘‘(6) LANGUAGE ASSESSMENTS.—Each State plan shall identify the languages other than English that are present in the

participating student population and indicate the languages

for which yearly student academic assessments are not available and are needed. The State shall make every effort to

develop such assessments and may request assistance from

the Secretary if linguistically accessible academic assessment

measures are needed. Upon request, the Secretary shall assist

with the identification of appropriate academic assessment

measures in the needed languages, but shall not mandate a

specific academic assessment or mode of instruction.

‘‘(7) ACADEMIC ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY.—Each State plan shall demonstrate that local educational agencies in the State will, beginning not later than

school year 2002–2003, provide for an annual assessment of

English proficiency (measuring students’ oral language,

reading, and writing skills in English) of all students with

limited English proficiency in the schools served by the State

educational agency, except that the Secretary may provide the

State 1 additional year if the State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial

resources of the State, prevented full implementation of this

paragraph by that deadline and that the State will complete

implementation within the additional 1-year period.

‘‘(8) REQUIREMENT.—Each State plan shall describe—

‘‘(A) how the State educational agency will assist each

local educational agency and school affected by the State

plan to develop the capacity to comply with each of the

requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c)

that is applicable to such agency or school;

‘‘(B) how the State educational agency will assist each

local educational agency and school affected by the State

plan to provide additional educational assistance to individual students assessed as needing help to achieve the

State’s challenging academic achievement standards;

‘‘(C) the specific steps the State educational agency

will take to ensure that both schoolwide programs and

targeted assistance schools provide instruction by highly

qualified instructional staff as required by sections

1114(b)(1)(C) and 1115(c)(1)(E), including steps that the

Deadline.

115 STAT. 1454 PUBLIC LAW 107–110—JAN. 8, 2002

State educational agency will take to ensure that poor

and minority children are not taught at higher rates than

other children by inexperienced, unqualified, or out-of-field

teachers, and the measures that the State educational

agency will use to evaluate and publicly report the progress

of the State educational agency with respect to such steps;

‘‘(D) an assurance that the State educational agency

will assist local educational agencies in developing or

identifying high-quality effective curricula aligned with

State academic achievement standards and how the State

educational agency will disseminate such curricula to each

local educational agency and school within the State; and

‘‘(E) such other factors the State educational agency

determines appropriate to provide students an opportunity

to achieve the knowledge and skills described in the challenging academic content standards adopted by the State.

‘‘(9) FACTORS AFFECTING STUDENT ACHIEVEMENT.—Each

State plan shall include an assurance that the State educational

agency will coordinate and collaborate, to the extent feasible

and necessary as determined by the State educational agency,

with agencies providing services to children, youth, and families, with respect to local educational agencies within the State

that are identified under section 1116 and that request assistance with addressing major factors that have significantly

affected the academic achievement of students in the local

educational agency or schools served by such agency.

‘‘(10) USE OF ACADEMIC ASSESSMENT RESULTS TO IMPROVE

STUDENT ACADEMIC ACHIEVEMENT.—Each State plan shall

describe how the State educational agency will ensure that

the results of the State assessments described in paragraph

(3)—

‘‘(A) will be promptly provided to local educational

agencies, schools, and teachers in a manner that is clear

and easy to understand, but not later than before the

beginning of the next school year; and ‘‘(B) be used by those local educational agencies,

schools, and teachers to improve the educational achievement of individual students.

‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.—

Each State plan shall contain assurances that—

‘‘(1) the State educational agency will meet the requirements of subsection (h)(1) and, beginning with the 2002–2003

school year, will produce the annual State report cards

described in such subsection, except that the Secretary may

provide the State educational agency 1 additional year if the

State educational agency demonstrates that exceptional or

uncontrollable circumstances, such as a natural disaster or

a precipitous and unforeseen decline in the financial resources

of the State, prevented full implementation of this paragraph

by that deadline and that the State will complete implementation within the additional 1-year period;

‘‘(2) the State will, beginning in school year 2002–2003,

participate in biennial State academic assessments of 4th and

8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section

411(b)(2) of the National Education Statistics Act of 1994 if

the Secretary pays the costs of administering such assessments;

Deadline.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1455

‘‘(3) the State educational agency, in consultation with the

Governor, will include, as a component of the State plan, a

plan to carry out the responsibilities of the State under sections

1116 and 1117, including carrying out the State educational

agency’s statewide system of technical assistance and support

for local educational agencies;

‘‘(4) the State educational agency will work with other

agencies, including educational service agencies or other local

consortia, and institutions to provide technical assistance to

local educational agencies and schools, including technical

assistance in providing professional development under section

1119, technical assistance under section 1117, and technical

assistance relating to parental involvement under section 1118;

‘‘(5)(A) where educational service agencies exist, the State

educational agency will consider providing professional development and technical assistance through such agencies; and

‘‘(B) where educational service agencies do not exist, the

State educational agency will consider providing professional

development and technical assistance through other cooperative

agreements such as through a consortium of local educational

agencies;

‘‘(6) the State educational agency will notify local educational agencies and the public of the content and student

academic achievement standards and academic assessments

developed under this section, and of the authority to operate

schoolwide programs, and will fulfill the State educational

agency’s responsibilities regarding local educational agency

improvement and school improvement under section 1116,

including such corrective actions as are necessary;

‘‘(7) the State educational agency will provide the least

restrictive and burdensome regulations for local educational

agencies and individual schools participating in a program

assisted under this part;

‘‘(8) the State educational agency will inform the Secretary

and the public of how Federal laws, if at all, hinder the ability

of States to hold local educational agencies and schools accountable for student academic achievement;

‘‘(9) the State educational agency will encourage schools

to consolidate funds from other Federal, State, and local sources

for schoolwide reform in schoolwide programs under section

1114;

‘‘(10) the State educational agency will modify or eliminate

State fiscal and accounting barriers so that schools can easily

consolidate funds from other Federal, State, and local sources

for schoolwide programs under section 1114;

‘‘(11) the State educational agency has involved the committee of practitioners established under section 1903(b) in

developing the plan and monitoring its implementation;

‘‘(12) the State educational agency will inform local educational agencies in the State of the local educational agency’s

authority to transfer funds under title VI, to obtain waivers

under part D of title IX, and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility

Partnership Act of 1999;

‘‘(13) the State educational agency will coordinate activities

funded under this part with other Federal activities as appropriate; and

Notification.

115 STAT. 1456 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(14) the State educational agency will encourage local

educational agencies and individual schools participating in

a program assisted under this part to offer family literacy

services (using funds under this part), if the agency or school

determines that a substantial number of students served under

this part by the agency or school have parents who do not

have a secondary school diploma or its recognized equivalent

or who have low levels of literacy.

‘‘(d) PARENTAL INVOLVEMENT.—Each State plan shall describe

how the State educational agency will support the collection and

dissemination to local educational agencies and schools of effective

parental involvement practices. Such practices shall— ‘‘(1) be based on the most current research that meets

the highest professional and technical standards, on effective

parental involvement that fosters achievement to high standards for all children; and ‘‘(2) be geared toward lowering barriers to greater participation by parents in school planning, review, and improvement

experienced.

‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.—

‘‘(1) SECRETARIAL DUTIES.—The Secretary shall—

‘‘(A) establish a peer-review process to assist in the

review of State plans;

‘‘(B) appoint individuals to the peer-review process who

are representative of parents, teachers, State educational

agencies, and local educational agencies, and who are

familiar with educational standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students;

‘‘(C) approve a State plan within 120 days of its submission unless the Secretary determines that the plan does

not meet the requirements of this section;

‘‘(D) if the Secretary determines that the State plan

does not meet the requirements of subsection (a), (b), or

(c), immediately notify the State of such determination

and the reasons for such determination;

‘‘(E) not decline to approve a State’s plan before—

‘‘(i) offering the State an opportunity to revise

its plan;

‘‘(ii) providing technical assistance in order to

assist the State to meet the requirements of subsections (a), (b), and (c); and

‘‘(iii) providing a hearing; and

‘‘(F) have the authority to disapprove a State plan

for not meeting the requirements of this part, but shall

not have the authority to require a State, as a condition

of approval of the State plan, to include in, or delete

from, such plan one or more specific elements of the State’s

academic content standards or to use specific academic

assessment instruments or items.

‘‘(2) STATE REVISIONS.—A State plan shall be revised by

the State educational agency if it is necessary to satisfy the

requirements of this section.

‘‘(f) DURATION OF THE PLAN.—

‘‘(1) IN GENERAL.—Each State plan shall— ‘‘(A) remain in effect for the duration of the State’s

participation under this part; and

Deadline.

Establishment.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1457

‘‘(B) be periodically reviewed and revised as necessary

by the State educational agency to reflect changes in the

State’s strategies and programs under this part. ‘‘(2) ADDITIONAL INFORMATION.—If significant changes are

made to a State’s plan, such as the adoption of new State

academic content standards and State student achievement

standards, new academic assessments, or a new definition of

adequate yearly progress, such information shall be submitted

to the Secretary.

‘‘(g) PENALTIES.— ‘‘(1) FAILURE TO MEET DEADLINES ENACTED IN 1994.— ‘‘(A) IN GENERAL.—If a State fails to meet the deadlines

established by the Improving America’s Schools Act of 1994

(or under any waiver granted by the Secretary or under

any compliance agreement with the Secretary) for demonstrating that the State has in place challenging academic

content standards and student achievement standards, and

a system for measuring and monitoring adequate yearly

progress, the Secretary shall withhold 25 percent of the

funds that would otherwise be available to the State for

State administration and activities under this part in each

year until the Secretary determines that the State meets

those requirements. ‘‘(B) NO EXTENSION.—Notwithstanding any other provision of law, 90 days after the date of enactment of the

No Child Left Behind Act of 2001 the Secretary shall

not grant any additional waivers of, or enter into any

additional compliance agreements to extend, the deadlines

described in subparagraph (A) for any State.

‘‘(2) FAILURE TO MEET REQUIREMENTS ENACTED IN 2001.—

If a State fails to meet any of the requirements of this section,

other than the requirements described in paragraph (1), then

the Secretary may withhold funds for State administration

under this part until the Secretary determines that the State

has fulfilled those requirements.

‘‘(h) REPORTS.—

‘‘(1) ANNUAL STATE REPORT CARD.—

‘‘(A) IN GENERAL.—Not later than the beginning of

the 2002–2003 school year, unless the State has received

a 1-year extension pursuant to subsection (c)(1), a State

that receives assistance under this part shall prepare and

disseminate an annual State report card.

‘‘(B) IMPLEMENTATION.—The State report card shall

be—

‘‘(i) concise; and

‘‘(ii) presented in an understandable and uniform

format and, to the extent practicable, provided in a

language that the parents can understand.

‘‘(C) REQUIRED INFORMATION.—The State shall include

in its annual State report card—

‘‘(i) information, in the aggregate, on student

achievement at each proficiency level on the State academic assessments described in subsection (b)(3)

(disaggregated by race, ethnicity, gender, disability

status, migrant status, English proficiency, and status

as economically disadvantaged, except that such

disaggregation shall not be required in a case in which

Deadline.

115 STAT. 1458 PUBLIC LAW 107–110—JAN. 8, 2002

the number of students in a category is insufficient

to yield statistically reliable information or the results

would reveal personally identifiable information about

an individual student);

‘‘(ii) information that provides a comparison

between the actual achievement levels of each group

of students described in subsection (b)(2)(C)(v) and the

State’s annual measurable objectives for each such

group of students on each of the academic assessments

required under this part;

‘‘(iii) the percentage of students not tested

(disaggregated by the same categories and subject to

the same exception described in clause (i));

‘‘(iv) the most recent 2-year trend in student

achievement in each subject area, and for each grade

level, for which assessments under this section are

required;

‘‘(v) aggregate information on any other indicators

used by the State to determine the adequate yearly

progress of students in achieving State academic

achievement standards;

‘‘(vi) graduation rates for secondary school students

consistent with subsection (b)(2)(C)(vi);

‘‘(vii) information on the performance of local educational agencies in the State regarding making adequate yearly progress, including the number and

names of each school identified for school improvement

under section 1116; and

‘‘(viii) the professional qualifications of teachers

in the State, the percentage of such teachers teaching

with emergency or provisional credentials, and the

percentage of classes in the State not taught by highly

qualified teachers, in the aggregate and disaggregated

by high-poverty compared to low-poverty schools which,

for the purpose of this clause, means schools in the

top quartile of poverty and the bottom quartile of poverty in the State.

‘‘(D) OPTIONAL INFORMATION.—The State may include

in its annual State report card such other information

as the State believes will best provide parents, students,

and other members of the public with information

regarding the progress of each of the State’s public

elementary schools and public secondary schools. Such

information may include information regarding—

‘‘(i) school attendance rates;

‘‘(ii) average class size in each grade;

‘‘(iii) academic achievement and gains in English

proficiency of limited English proficient students;

‘‘(iv) the incidence of school violence, drug abuse,

alcohol abuse, student suspensions, and student expulsions;

‘‘(v) the extent and type of parental involvement

in the schools;

‘‘(vi) the percentage of students completing

advanced placement courses, and the rate of passing

of advanced placement tests; and

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1459

‘‘(vii) a clear and concise description of the State’s

accountability system, including a description of the

criteria by which the State evaluates school performance, and the criteria that the State has established,

consistent with subsection (b)(2), to determine the

status of schools regarding school improvement, corrective action, and restructuring.

‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.—

‘‘(A) REPORT CARDS.—

‘‘(i) IN GENERAL.—Not later than the beginning

of the 2002–2003 school year, a local educational

agency that receives assistance under this part shall

prepare and disseminate an annual local educational

agency report card, except that the State educational

agency may provide the local educational agency 1

additional year if the local educational agency demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous

and unforeseen decline in the financial resources of

the local educational agency, prevented full

implementation of this paragraph by that deadline and

that the local educational agency will complete

implementation within the additional 1-year period.

‘‘(ii) SPECIAL RULE.—If a State educational agency

has received an extension pursuant to subsection (c)(1),

then a local educational agency within that State shall

not be required to include the information required

under paragraph (1)(C) in such report card during

such extension.

‘‘(B) MINIMUM REQUIREMENTS.—The State educational

agency shall ensure that each local educational agency

collects appropriate data and includes in the local educational agency’s annual report the information described

in paragraph (1)(C) as applied to the local educational

agency and each school served by the local educational

agency, and—

‘‘(i) in the case of a local educational agency—

‘‘(I) the number and percentage of schools

identified for school improvement under section

1116(c) and how long the schools have been so

identified; and

‘‘(II) information that shows how students

served by the local educational agency achieved

on the statewide academic assessment compared

to students in the State as a whole; and

‘‘(ii) in the case of a school—

‘‘(I) whether the school has been identified

for school improvement; and

‘‘(II) information that shows how the school’s

students achievement on the statewide academic

assessments and other indicators of adequate

yearly progress compared to students in the local

educational agency and the State as a whole.

‘‘(C) OTHER INFORMATION.—A local educational agency

may include in its annual local educational agency report

card any other appropriate information, whether or not

Deadline.

115 STAT. 1460 PUBLIC LAW 107–110—JAN. 8, 2002

such information is included in the annual State report

card.

‘‘(D) DATA.—A local educational agency or school shall

only include in its annual local educational agency report

card data that are sufficient to yield statistically reliable

information, as determined by the State, and that do not

reveal personally identifiable information about an individual student.

‘‘(E) PUBLIC DISSEMINATION.—The local educational

agency shall, not later than the beginning of the 2002–

2003 school year, unless the local educational agency has

received a 1-year extension pursuant to subparagraph (A),

publicly disseminate the information described in this paragraph to all schools in the school district served by the

local educational agency and to all parents of students

attending those schools in an understandable and uniform

format and, to the extent practicable, provided in a language that the parents can understand, and make the

information widely available through public means, such

as posting on the Internet, distribution to the media, and

distribution through public agencies, except that if a local

educational agency issues a report card for all students,

the local educational agency may include the information

under this section as part of such report.

‘‘(3) PREEXISTING REPORT CARDS.—A State educational

agency or local educational agency that was providing public

report cards on the performance of students, schools, local

educational agencies, or the State prior to the enactment of

the No Child Left Behind Act of 2001 may use those report

cards for the purpose of this subsection, so long as any such

report card is modified, as may be needed, to contain the

information required by this subsection.

‘‘(4) ANNUAL STATE REPORT TO THE SECRETARY.—Each State

educational agency receiving assistance under this part shall

report annually to the Secretary, and make widely available

within the State—

‘‘(A) beginning with school year 2002–2003, information

on the State’s progress in developing and implementing

the academic assessments described in subsection (b)(3);

‘‘(B) beginning not later than school year 2002–2003,

information on the achievement of students on the academic assessments required by subsection (b)(3), including

the disaggregated results for the categories of students

identified in subsection (b)(2)(C)(v);

‘‘(C) in any year before the State begins to provide

the information described in subparagraph (B), information

on the results of student academic assessments (including

disaggregated results) required under this section;

‘‘(D) beginning not later than school year 2002–2003,

unless the State has received an extension pursuant to

subsection (c)(1), information on the acquisition of English

proficiency by children with limited English proficiency;

‘‘(E) the number and names of each school identified

for school improvement under section 1116(c), the reason

why each school was so identified, and the measures taken

to address the achievement problems of such schools;

Deadlines.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1461

‘‘(F) the number of students and schools that participated in public school choice and supplemental service

programs and activities under this title; and

‘‘(G) beginning not later than the 2002–2003 school

year, information on the quality of teachers and the

percentage of classes being taught by highly qualified

teachers in the State, local educational agency, and school.

‘‘(5) REPORT TO CONGRESS.—The Secretary shall transmit

annually to the Committee on Education and the Workforce

of the House of Representatives and the Committee on Health,

Education, Labor, and Pensions of the Senate a report that

provides national and State-level data on the information collected under paragraph (4).

‘‘(6) PARENTS RIGHT-TO-KNOW.—

‘‘(A) QUALIFICATIONS.—At the beginning of each school

year, a local educational agency that receives funds under

this part shall notify the parents of each student attending

any school receiving funds under this part that the parents

may request, and the agency will provide the parents on

request (and in a timely manner), information regarding

the professional qualifications of the student’s classroom

teachers, including, at a minimum, the following:

‘‘(i) Whether the teacher has met State qualification and licensing criteria for the grade levels and

subject areas in which the teacher provides instruction.

‘‘(ii) Whether the teacher is teaching under emergency or other provisional status through which State

qualification or licensing criteria have been waived.

‘‘(iii) The baccalaureate degree major of the teacher

and any other graduate certification or degree held

by the teacher, and the field of discipline of the certification or degree.

‘‘(iv) Whether the child is provided services by

paraprofessionals and, if so, their qualifications.

‘‘(B) ADDITIONAL INFORMATION.—In addition to the

information that parents may request under subparagraph

(A), a school that receives funds under this part shall

provide to each individual parent—

‘‘(i) information on the level of achievement of the

parent’s child in each of the State academic assessments as required under this part; and

‘‘(ii) timely notice that the parent’s child has been

assigned, or has been taught for four or more consecutive weeks by, a teacher who is not highly qualified.

‘‘(C) FORMAT.—The notice and information provided

to parents under this paragraph shall be in an understandable and uniform format and, to the extent practicable,

provided in a language that the parents can understand.

‘‘(i) PRIVACY.—Information collected under this section shall

be collected and disseminated in a manner that protects the privacy

of individuals.

‘‘(j) TECHNICAL ASSISTANCE.—The Secretary shall provide a

State educational agency, at the State educational agency’s request,

technical assistance in meeting the requirements of this section,

including the provision of advice by experts in the development

Notification.

115 STAT. 1462 PUBLIC LAW 107–110—JAN. 8, 2002

of high-quality academic assessments, the setting of State standards, the development of measures of adequate yearly progress

that are valid and reliable, and other relevant areas. ‘‘(k) VOLUNTARY PARTNERSHIPS.—A State may enter into a voluntary partnership with another State to develop and implement

the academic assessments and standards required under this section.‘‘(l) CONSTRUCTION.—Nothing in this part shall be construed

to prescribe the use of the academic assessments described in

this part for student promotion or graduation purposes. ‘‘(m) SPECIAL RULE WITH RESPECT TO BUREAU-FUNDED

SCHOOLS.—In determining the assessments to be used by each

operated or funded by BIA school receiving funds under this part,

the following shall apply: ‘‘(1) Each such school that is accredited by the State in

which it is operating shall use the assessments the State has

developed and implemented to meet the requirements of this

section, or such other appropriate assessment as approved by

the Secretary of the Interior. ‘‘(2) Each such school that is accredited by a regional

accrediting organization shall adopt an appropriate assessment,

in consultation with and with the approval of, the Secretary

of the Interior and consistent with assessments adopted by

other schools in the same State or region, that meets the

requirements of this section. ‘‘(3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the

Secretary of the Interior shall ensure that such assessment

meets the requirements of this section.

‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

‘‘(a) PLANS REQUIRED.—

‘‘(1) SUBGRANTS.—A local educational agency may receive

a subgrant under this part for any fiscal year only if such

agency has on file with the State educational agency a plan,

approved by the State educational agency, that is coordinated

with other programs under this Act, the Individuals with

Disabilities Education Act, the Carl D. Perkins Vocational and

Technical Education Act of 1998, the McKinney-Vento Homeless

Assistance Act, and other Acts, as appropriate.

‘‘(2) CONSOLIDATED APPLICATION.—The plan may be submitted as part of a consolidated application under section 9305.

‘‘(b) PLAN PROVISIONS.—

‘‘(1) IN GENERAL.—In order to help low-achieving children

meet challenging achievement academic standards, each local

educational agency plan shall include—

‘‘(A) a description of high-quality student academic

assessments, if any, that are in addition to the academic

assessments described in the State plan under section

1111(b)(3), that the local educational agency and schools

served under this part will use—

‘‘(i) to determine the success of children served

under this part in meeting the State student academic

achievement standards, and to provide information to

teachers, parents, and students on the progress being

made toward meeting the State student academic

20 USC 6312.

Applicability.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1463

achievement standards described in section

1111(b)(1)(D)(ii);

‘‘(ii) to assist in diagnosis, teaching, and learning

in the classroom in ways that best enable low-achieving

children served under this part to meet State student

achievement academic standards and do well in the

local curriculum;

‘‘(iii) to determine what revisions are needed to

projects under this part so that such children meet

the State student academic achievement standards;

and

‘‘(iv) to identify effectively students who may be

at risk for reading failure or who are having difficulty

reading, through the use of screening, diagnostic, and

classroom-based instructional reading assessments, as

defined under section 1208;

‘‘(B) at the local educational agency’s discretion, a

description of any other indicators that will be used in

addition to the academic indicators described in section

1111 for the uses described in such section;

‘‘(C) a description of how the local educational agency

will provide additional educational assistance to individual

students assessed as needing help in meeting the State’s

challenging student academic achievement standards;

‘‘(D) a description of the strategy the local educational

agency will use to coordinate programs under this part

with programs under title II to provide professional

development for teachers and principals, and, if appropriate, pupil services personnel, administrators, parents

and other staff, including local educational agency level

staff in accordance with sections 1118 and 1119;

‘‘(E) a description of how the local educational agency

will coordinate and integrate services provided under this

part with other educational services at the local educational

agency or individual school level, such as—

‘‘(i) Even Start, Head Start, Reading First, Early

Reading First, and other preschool programs, including

plans for the transition of participants in such programs to local elementary school programs; and

‘‘(ii) services for children with limited English proficiency, children with disabilities, migratory children,

neglected or delinquent youth, Indian children served

under part A of title VII, homeless children, and

immigrant children in order to increase program

effectiveness, eliminate duplication, and reduce fragmentation of the instructional program;

‘‘(F) an assurance that the local educational agency

will participate, if selected, in the State National Assessment of Educational Progress in 4th and 8th grade reading

and mathematics carried out under section 411(b)(2) of

the National Education Statistics Act of 1994;

‘‘(G) a description of the poverty criteria that will be

used to select school attendance areas under section 1113;

‘‘(H) a description of how teachers, in consultation with

parents, administrators, and pupil services personnel, in

targeted assistance schools under section 1115, will identify

115 STAT. 1464 PUBLIC LAW 107–110—JAN. 8, 2002

the eligible children most in need of services under this

part;‘‘(I) a general description of the nature of the programs

to be conducted by such agency’s schools under sections

1114 and 1115 and, where appropriate, educational services

outside such schools for children living in local institutions

for neglected or delinquent children, and for neglected and

delinquent children in community day school programs;

‘‘(J) a description of how the local educational agency

will ensure that migratory children and formerly migratory

children who are eligible to receive services under this

part are selected to receive such services on the same

basis as other children who are selected to receive services

under this part;

‘‘(K) if appropriate, a description of how the local educational agency will use funds under this part to support

preschool programs for children, particularly children

participating in Early Reading First, or in a Head Start

or Even Start program, which services may be provided

directly by the local educational agency or through a subcontract with the local Head Start agency designated by

the Secretary of Health and Human Services under section

641 of the Head Start Act, or an agency operating an

Even Start program, an Early Reading First program, or

another comparable public early childhood development

program;

‘‘(L) a description of the actions the local educational

agency will take to assist its low-achieving schools identified under section 1116 as in need of improvement;

‘‘(M) a description of the actions the local educational

agency will take to implement public school choice and

supplemental services, consistent with the requirements

of section 1116;

‘‘(N) a description of how the local educational agency

will meet the requirements of section 1119;

‘‘(O) a description of the services the local educational

agency will provide homeless children, including services

provided with funds reserved under section 1113(c)(3)(A);

‘‘(P) a description of the strategy the local educational

agency will use to implement effective parental involvement

under section 1118; and

‘‘(Q) where appropriate, a description of how the local

educational agency will use funds under this part to support after school (including before school and summer

school) and school-year extension programs.

‘‘(2) EXCEPTION.—The academic assessments and indicators

described in subparagraphs (A) and (B) of paragraph (1) shall

not be used—

‘‘(A) in lieu of the academic assessments required under

section 1111(b)(3) and other State academic indicators

under section 1111(b)(2); or ‘‘(B) to reduce the number of, or change which, schools

would otherwise be subject to school improvement, corrective action, or restructuring under section 1116, if such

additional assessments or indicators described in such subparagraphs were not used, but such assessments and

indicators may be used to identify additional schools for

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1465

school improvement or in need of corrective action or

restructuring.

‘‘(c) ASSURANCES.—

‘‘(1) IN GENERAL.—Each local educational agency plan shall

provide assurances that the local educational agency will—

‘‘(A) inform eligible schools and parents of schoolwide

program authority and the ability of such schools to consolidate funds from Federal, State, and local sources;

‘‘(B) provide technical assistance and support to

schoolwide programs;

‘‘(C) work in consultation with schools as the schools

develop the schools’ plans pursuant to section 1114 and

assist schools as the schools implement such plans or

undertake activities pursuant to section 1115 so that each

school can make adequate yearly progress toward meeting

the State student academic achievement standards;

‘‘(D) fulfill such agency’s school improvement responsibilities under section 1116, including taking actions under

paragraphs (7) and (8) of section 1116(b);

‘‘(E) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services;

‘‘(F) take into account the experience of model programs

for the educationally disadvantaged, and the findings of

relevant scientifically based research indicating that services may be most effective if focused on students in the

earliest grades at schools that receive funds under this

part;

‘‘(G) in the case of a local educational agency that

chooses to use funds under this part to provide early childhood development services to low-income children below

the age of compulsory school attendance, ensure that such

services comply with the performance standards established under section 641A(a) of the Head Start Act;

‘‘(H) work in consultation with schools as the schools

develop and implement their plans or activities under sections 1118 and 1119;

‘‘(I) comply with the requirements of section 1119

regarding the qualifications of teachers and paraprofessionals and professional development;

‘‘(J) inform eligible schools of the local educational

agency’s authority to obtain waivers on the school’s behalf

under title IX and, if the State is an Ed-Flex Partnership

State, to obtain waivers under the Education Flexibility

Partnership Act of 1999;

‘‘(K) coordinate and collaborate, to the extent feasible

and necessary as determined by the local educational

agency, with the State educational agency and other agencies providing services to children, youth, and families with

respect to a school in school improvement, corrective action,

or restructuring under section 1116 if such a school

requests assistance from the local educational agency in

addressing major factors that have significantly affected

student achievement at the school;

115 STAT. 1466 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(L) ensure, through incentives for voluntary transfers,

the provision of professional development, recruitment programs, or other effective strategies, that low-income students and minority students are not taught at higher rates

than other students by unqualified, out-of-field, or inexperienced teachers;

‘‘(M) use the results of the student academic assessments required under section 1111(b)(3), and other measures or indicators available to the agency, to review

annually the progress of each school served by the agency

and receiving funds under this part to determine whether

all of the schools are making the progress necessary to

ensure that all students will meet the State’s proficient

level of achievement on the State academic assessments

described in section 1111(b)(3) within 12 years from the

end of the 2001–2002 school year;

‘‘(N) ensure that the results from the academic assessments required under section 1111(b)(3) will be provided

to parents and teachers as soon as is practicably possible

after the test is taken, in an understandable and uniform

format and, to the extent practicable, provided in a language that the parents can understand; and

‘‘(O) assist each school served by the agency and

assisted under this part in developing or identifying examples of high-quality, effective curricula consistent with section 1111(b)(8)(D).

‘‘(2) SPECIAL RULE.—In carrying out subparagraph (G) of

paragraph (1), the Secretary—

‘‘(A) shall consult with the Secretary of Health and

Human Services and shall establish procedures (taking

into consideration existing State and local laws, and local

teacher contracts) to assist local educational agencies to

comply with such subparagraph; and

‘‘(B) shall disseminate to local educational agencies

the Head Start performance standards as in effect under

section 641A(a) of the Head Start Act, and such agencies

affected by such subparagraph shall plan for the

implementation of such subparagraph (taking into consideration existing State and local laws, and local teacher contracts), including pursuing the availability of other Federal,

State, and local funding sources to assist in compliance

with such subparagraph.

‘‘(3) INAPPLICABILITY.—Paragraph (1)(G) of this subsection

shall not apply to preschool programs using the Even Start

model or to Even Start programs that are expanded through

the use of funds under this part.

‘‘(d) PLAN DEVELOPMENT AND DURATION.—

‘‘(1) CONSULTATION.—Each local educational agency plan

shall be developed in consultation with teachers, principals,

administrators (including administrators of programs described

in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under

this part.

‘‘(2) DURATION.—Each such plan shall be submitted for

the first year for which this part is in effect following the

date of enactment of the No Child Left Behind Act of 2001

Procedures.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1467

and shall remain in effect for the duration of the agency’s

participation under this part. ‘‘(3) REVIEW.—Each local educational agency shall periodically review and, as necessary, revise its plan.

‘‘(e) STATE APPROVAL.— ‘‘(1) IN GENERAL.—Each local educational agency plan shall

be filed according to a schedule established by the State educational agency. ‘‘(2) APPROVAL.—The State educational agency shall

approve a local educational agency’s plan only if the State

educational agency determines that the local educational

agency’s plan— ‘‘(A) enables schools served under this part to substantially help children served under this part meet the academic standards expected of all children described in section 1111(b)(1); and ‘‘(B) meets the requirements of this section. ‘‘(3) REVIEW.—The State educational agency shall review

the local educational agency’s plan to determine if such agencies

activities are in accordance with sections 1118 and 1119.

‘‘(f) PROGRAM RESPONSIBILITY.—The local educational agency

plan shall reflect the shared responsibility of schools, teachers,

and the local educational agency in making decisions regarding

activities under sections 1114 and 1115.

‘‘(g) PARENTAL NOTIFICATION.—

‘‘(1) IN GENERAL.—

‘‘(A) NOTICE.—Each local educational agency using

funds under this part to provide a language instruction

educational program as determined in part C of title III

shall, not later than 30 days after the beginning of the

school year, inform a parent or parents of a limited English

proficient child identified for participation or participating

in, such a program of—

‘‘(i) the reasons for the identification of their child

as limited English proficient and in need of placement

in a language instruction educational program;

‘‘(ii) the child’s level of English proficiency, how

such level was assessed, and the status of the child’s

academic achievement;

‘‘(iii) the methods of instruction used in the program in which their child is, or will be participating,

and the methods of instruction used in other available

programs, including how such programs differ in content, instructional goals, and the use of English and

a native language in instruction;

‘‘(iv) how the program in which their child is, or

will be participating, will meet the educational

strengths and needs of their child;

‘‘(v) how such program will specifically help their

child learn English, and meet age-appropriate academic achievement standards for grade promotion and

graduation;

‘‘(vi) the specific exit requirements for the program,

including the expected rate of transition from such

program into classrooms that are not tailored for limited English proficient children, and the expected rate

of graduation from secondary school for such program

Deadline.

115 STAT. 1468 PUBLIC LAW 107–110—JAN. 8, 2002

if funds under this part are used for children in secondary schools; ‘‘(vii) in the case of a child with a disability, how

such program meets the objectives of the individualized

education program of the child;

‘‘(viii) information pertaining to parental rights

that includes written guidance—

‘‘(I) detailing—

‘‘(aa) the right that parents have to have

their child immediately removed from such

program upon their request; and

‘‘(bb) the options that parents have to

decline to enroll their child in such program

or to choose another program or method of

instruction, if available; and

‘‘(II) assisting parents in selecting among various programs and methods of instruction, if more

than one program or method is offered by the

eligible entity.

‘‘(B) SEPARATE NOTIFICATION.—In addition to providing

the information required to be provided under paragraph

(1), each eligible entity that is using funds provided under

this part to provide a language instruction educational

program, and that has failed to make progress on the

annual measurable achievement objectives described in section 3122 for any fiscal year for which part A is in effect,

shall separately inform a parent or the parents of a child

identified for participation in such program, or participating in such program, of such failure not later than

30 days after such failure occurs.

‘‘(2) NOTICE.—The notice and information provided in paragraph (1) to a parent or parents of a child identified for participation in a language instruction educational program for limited English proficient children shall be in an understandable

and uniform format and, to the extent practicable, provided

in a language that the parents can understand.

‘‘(3) SPECIAL RULE APPLICABLE DURING THE SCHOOL YEAR.—

For those children who have not been identified as limited

English proficient prior to the beginning of the school year

the local educational agency shall notify parents within the

first 2 weeks of the child being placed in a language instruction

educational program consistent with paragraphs (1) and (2).

‘‘(4) PARENTAL PARTICIPATION.—Each local educational

agency receiving funds under this part shall implement an

effective means of outreach to parents of limited English proficient students to inform the parents regarding how the parents can be involved in the education of their children, and

be active participants in assisting their children to attain

English proficiency, achieve at high levels in core academic

subjects, and meet challenging State academic achievement

standards and State academic content standards expected of

all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and

responding to recommendations from parents of students

assisted under this part.

‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A student shall

not be admitted to, or excluded from, any federally assisted

Deadline.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1469

education program on the basis of a surname or languageminority status.

‘‘SEC. 1113. 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 low-income families is at least as high as the

percentage of children from low-income families served by

the local educational agency as a whole.

‘‘(3) RANKING ORDER.—If funds allocated in accordance with

subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall—

‘‘(A) annually rank, without regard to grade spans,

such agency’s eligible school attendance areas in which

the concentration of children from low-income families

exceeds 75 percent from highest to lowest according to

the percentage of children from low-income families; and

‘‘(B) serve such eligible school attendance areas in rank

order.

‘‘(4) REMAINING FUNDS.—If funds remain after serving all

eligible school attendance areas under paragraph (3), a local

educational agency shall—

‘‘(A) annually rank such agency’s remaining eligible

school attendance areas from highest to lowest either by

grade span or for the entire local educational agency

according to the percentage of children from low-income

families; and

‘‘(B) serve such eligible school attendance areas in rank

order either within each grade-span grouping or within

the local educational agency as a whole.

‘‘(5) MEASURES.—The local educational agency shall use

the same measure of poverty, which measure shall be the

number of children ages 5 through 17 in poverty counted in

the most recent census data approved by the Secretary, the

number of children eligible for free and reduced priced lunches

under the Richard B. Russell National School Lunch Act, the

number of children in families receiving assistance under the

State program funded under part A of title IV of the Social

Security Act, or the number of children eligible to receive

medical assistance under the Medicaid program, or a composite

of such indicators, with respect to all school attendance areas

in the local educational agency—

‘‘(A) to identify eligible school attendance areas;

‘‘(B) to determine the ranking of each area; and

‘‘(C) to determine allocations under subsection (c).

20 USC 6313.

115 STAT. 1470 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(6) EXCEPTION.—This subsection shall not apply to a local

educational agency with a total enrollment of less than 1,000

children. ‘‘(7) WAIVER FOR DESEGREGATION PLANS.—The Secretary

may approve a local educational agency’s written request for

a waiver of the requirements of subsections (a) and (c), and

permit such agency to treat as eligible, and serve, any school

that children attend with a State-ordered, court-ordered school

desegregation plan or a plan that continues to be implemented

in accordance with a State-ordered or court-ordered desegregation plan, if— ‘‘(A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the

school’s total enrollment; and ‘‘(B) the Secretary determines on the basis of a written

request from such agency and in accordance with such

criteria as the Secretary establishes, that approval of that

request would further the purposes of this part. ‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—

‘‘(1) IN GENERAL.—Notwithstanding subsection (a)(2), a

local educational agency may—

‘‘(A) designate as eligible any school attendance area

or school in which at least 35 percent of the children

are from low-income families;

‘‘(B) use funds received under this part in a school

that is not in an eligible school attendance area, if the

percentage of children from low-income families enrolled

in the school is equal to or greater than the percentage

of such children in a participating school attendance area

of such agency;

‘‘(C) designate and serve a school attendance area or

school that is not eligible under this section, but that

was eligible and that was served in the preceding fiscal

year, but only for 1 additional fiscal year; and

‘‘(D) elect not to serve an eligible school attendance

area or eligible school that has a higher percentage of

children from low-income families if—

‘‘(i) the school meets the comparability requirements of section 1120A(c);

‘‘(ii) the school is receiving supplemental funds

from other State or local sources that are spent

according to the requirements of section 1114 or 1115;

and

‘‘(iii) the funds expended from such other sources

equal or exceed the amount that would be provided

under this part.

‘‘(2) SPECIAL RULE.—Notwithstanding paragraph (1)(D), the

number of children attending private elementary schools and

secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be

determined without regard to whether the public school attendance area in which such children reside is assisted under

subparagraph (A).

‘‘(c) ALLOCATIONS.—

‘‘(1) IN GENERAL.—A local educational agency shall allocate

funds received under this part to eligible school attendance

areas or eligible schools, identified under subsections (a) and

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1471

(b), in rank order, on the basis of the total number of children

from low-income families in each area or school. ‘‘(2) SPECIAL RULE.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), the per-pupil amount of funds allocated to each school

attendance area or school under paragraph (1) shall be

at least 125 percent of the per-pupil amount of funds a

local educational agency received for that year under the

poverty criteria described by the local educational agency

in the plan submitted under section 1112, except that

this paragraph shall not apply to a local educational agency

that only serves schools in which the percentage of such

children is 35 percent or greater. ‘‘(B) EXCEPTION.—A local educational agency may

reduce the amount of funds allocated under subparagraph

(A) for a school attendance area or school by the amount

of any supplemental State and local funds expended in

that school attendance area or school for programs that

meet the requirements of section 1114 or 1115.

‘‘(3) RESERVATION.—A local educational agency shall

reserve such funds as are necessary under this part to provide

services comparable to those provided to children in schools

funded under this part to serve—

‘‘(A) homeless children who do not attend participating

schools, including providing educationally related support

services to children in shelters and other locations where

children may live;

‘‘(B) children in local institutions for neglected children;

and

‘‘(C) if appropriate, children in local institutions for

delinquent children, and neglected or delinquent children

in community day school programs.

‘‘(4) FINANCIAL INCENTIVES AND REWARDS RESERVATION.—

A local educational agency may reserve such funds as are

necessary from those funds received by the local educational

agency under title II, and not more than 5 percent of those

funds received by the local educational agency under subpart

2, to provide financial incentives and rewards to teachers who

serve in schools eligible under this section and identified for

school improvement, corrective action, and restructuring under

section 1116(b) for the purpose of attracting and retaining

qualified and effective teachers.

‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.

‘‘(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—

‘‘(1) IN GENERAL.—A local educational agency may consolidate and use funds under this part, together with other Federal,

State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school

attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent

of the children enrolled in the school are from such families.

‘‘(2) IDENTIFICATION OF STUDENTS NOT REQUIRED.—

‘‘(A) IN GENERAL.—No school participating in a

schoolwide program shall be required—

‘‘(i) to identify particular children under this part

as eligible to participate in a schoolwide program; or

20 USC 6314.

115 STAT. 1472 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) to provide services to such children that are

supplementary, as otherwise required by section

1120A(b).

‘‘(B) SUPPLEMENTAL FUNDS.—A school participating in

a schoolwide program shall use funds available to carry

out this section only to supplement the amount of funds

that would, in the absence of funds under this part, be

made available from non-Federal sources for the school,

including funds needed to provide services that are required

by law for children with disabilities and children with

limited English proficiency.

‘‘(3) EXEMPTION FROM STATUTORY AND REGULATORY

REQUIREMENTS.—

‘‘(A) EXEMPTION.—Except as provided in subsection (b),

the Secretary may, through publication of a notice in the

Federal Register, exempt schoolwide programs under this

section from statutory or regulatory provisions of any other

noncompetitive formula grant program administered by the

Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education

Act, except as provided in section 613(a)(2)(D) of such Act),

or any discretionary grant program administered by the

Secretary, to support schoolwide programs if the intent

and purposes of such other programs are met.

‘‘(B) REQUIREMENTS.—A school that chooses to use

funds from such other programs shall not be relieved of

the requirements relating to health, safety, civil rights,

student and parental participation and involvement, services to private school children, maintenance of effort, comparability of services, uses of Federal funds to supplement,

not supplant non-Federal funds, or the distribution of funds

to State educational agencies or local educational agencies

that apply to the receipt of funds from such programs.

‘‘(C) RECORDS.—A school that consolidates and uses

funds from different Federal programs under this section

shall not be required to maintain separate fiscal accounting

records, by program, that identify the specific activities

supported by those particular funds as long as the school

maintains records that demonstrate that the schoolwide

program, considered as a whole, addresses the intent and

purposes of each of the Federal programs that were consolidated to support the schoolwide program.

‘‘(4) PROFESSIONAL DEVELOPMENT.—Each school receiving

funds under this part for any fiscal year shall devote sufficient

resources to effectively carry out the activities described in

subsection (b)(1)(D) in accordance with section 1119 for such

fiscal year, except that a school may enter into a consortium

with another school to carry out such activities.

‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—

‘‘(1) IN GENERAL.—A schoolwide program shall include the

following components:

‘‘(A) A comprehensive needs assessment of the entire

school (including taking into account the needs of migratory

children as defined in section 1309(2)) that is based on

information which includes the achievement of children

in relation to the State academic content standards and

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1473

the State student academic achievement standards

described in section 1111(b)(1).

‘‘(B) Schoolwide reform strategies that—

‘‘(i) provide opportunities for all children to meet

the State’s proficient and advanced levels of student

academic achievement described in section

1111(b)(1)(D);

‘‘(ii) use effective methods and instructional strategies that are based on scientifically based research

that—

‘‘(I) strengthen the core academic program in

the school;

‘‘(II) increase the amount and quality of

learning time, such as providing an extended

school year and before- and after-school and

summer programs and opportunities, and help provide an enriched and accelerated curriculum; and

‘‘(III) include strategies for meeting the educational needs of historically underserved populations;

‘‘(iii)(I) include strategies to address the needs of

all children in the school, but particularly the needs

of low-achieving children and those at risk of not

meeting the State student academic achievement

standards who are members of the target population

of any program that is included in the schoolwide

program, which may include—

‘‘(aa) counseling, pupil services, and mentoring

services;

‘‘(bb) college and career awareness and

preparation, such as college and career guidance,

personal finance education, and innovative

teaching methods, which may include applied

learning and team-teaching strategies; and

‘‘(cc) the integration of vocational and technical

education programs; and

‘‘(II) address how the school will determine if such

needs have been met; and

‘‘(iv) are consistent with, and are designed to implement, the State and local improvement plans, if any.

‘‘(C) Instruction by highly qualified teachers.

‘‘(D) In accordance with section 1119 and subsection

(a)(4), high-quality and ongoing professional development

for teachers, principals, and paraprofessionals and, if

appropriate, pupil services personnel, parents, and other

staff to enable all children in the school to meet the State’s

student academic achievement standards.

‘‘(E) Strategies to attract high-quality highly qualified

teachers to high-need schools.

‘‘(F) Strategies to increase parental involvement in

accordance with section 1118, such as family literary services.

‘‘(G) Plans for assisting preschool children in the transition from early childhood programs, such as Head Start,

Even Start, Early Reading First, or a State-run preschool

program, to local elementary school programs.

115 STAT. 1474 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(H) Measures to include teachers in the decisions

regarding the use of academic assessments described in

section 1111(b)(3) in order to provide information on, and

to improve, the achievement of individual students and

the overall instructional program.

‘‘(I) Activities to ensure that students who experience

difficulty mastering the proficient or advanced levels of

academic achievement standards required by section

1111(b)(1) shall be provided with effective, timely additional

assistance which shall include measures to ensure that

students’ difficulties are identified on a timely basis and

to provide sufficient information on which to base effective

assistance.

‘‘(J) Coordination and integration of Federal, State,

and local services and programs, including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start, adult education, vocational and technical education, and job training.

‘‘(2) PLAN.—

‘‘(A) IN GENERAL.—Any eligible school that desires to

operate a schoolwide program shall first develop (or amend

a plan for such a program that was in existence on the

day before the date of enactment of the No Child Left

Behind Act of 2001), in consultation with the local educational agency and its school support team or other technical assistance provider under section 1117, a comprehensive plan for reforming the total instructional program

in the school that—

‘‘(i) describes how the school will implement the

components described in paragraph (1);

‘‘(ii) describes how the school will use resources

under this part and from other sources to implement

those components;

‘‘(iii) includes a list of State educational agency

and local educational agency programs and other Federal programs under subsection (a)(3) that will be

consolidated in the schoolwide program; and

‘‘(iv) describes how the school will provide individual student academic assessment results in a language the parents can understand, including an

interpretation of those results, to the parents of a

child who participates in the academic assessments

required by section 1111(b)(3).

‘‘(B) PLAN DEVELOPMENT.—The comprehensive plan

shall be—

‘‘(i) developed during a one-year period, unless—

‘‘(I) the local educational agency, after considering the recommendation of the technical assistance providers under section 1117, determines that

less time is needed to develop and implement the

schoolwide program; or ‘‘(II) the school is operating a schoolwide program on the day preceding the date of enactment

of the No Child Left Behind Act of 2001, in which

case such school may continue to operate such

program, but shall develop amendments to its

existing plan during the first year of assistance

Records.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1475

after that date to reflect the provisions of this

section;

‘‘(ii) developed with the involvement of parents

and other members of the community to be served

and individuals who will carry out such plan, including

teachers, principals, and administrators (including

administrators of programs described in other parts

of this title), and, if appropriate, pupil services personnel, technical assistance providers, school staff, and,

if the plan relates to a secondary school, students

from such school;

‘‘(iii) in effect for the duration of the school’s

participation under this part and reviewed and revised,

as necessary, by the school;

‘‘(iv) available to the local educational agency, parents, and the public, and the information contained

in such plan shall be in an understandable and uniform

format and, to the extent practicable, provided in a

language that the parents can understand; and

‘‘(v) if appropriate, developed in coordination with

programs under Reading First, Early Reading First,

Even Start, Carl D. Perkins Vocational and Technical

Education Act of 1998, and the Head Start Act.

‘‘(c) PREKINDERGARTEN PROGRAM.—A school that is eligible for

a schoolwide program under this section may use funds made

available under this part to establish or enhance prekindergarten

programs for children below the age of 6, such as Even Start

programs or Early Reading First programs.

‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

‘‘(a) IN GENERAL.—In all schools selected to receive funds under

section 1113(c) that are ineligible for a schoolwide program under

section 1114, or that choose not to operate such a schoolwide program, a local educational agency serving such school may use

funds received under this part only for programs that provide

services to eligible children under subsection (b) identified as having

the greatest need for special assistance.

‘‘(b) ELIGIBLE CHILDREN.—

‘‘(1) ELIGIBLE POPULATION.—

‘‘(A) IN GENERAL.—The eligible population for services

under this section is—

‘‘(i) children not older than age 21 who are entitled

to a free public education through grade 12; and

‘‘(ii) children who are not yet at a grade level

at which the local educational agency provides a free

public education.

‘‘(B) ELIGIBLE CHILDREN FROM ELIGIBLE POPULATION.—

From the population described in subparagraph (A), eligible

children are children identified by the school as failing,

or most at risk of failing, to meet the State’s challenging

student academic achievement standards on the basis of

multiple, educationally related, objective criteria established by the local educational agency and supplemented

by the school, except that children from preschool through

grade 2 shall be selected solely on the basis of such criteria

as teacher judgment, interviews with parents, and developmentally appropriate measures.

20 USC 6315.

115 STAT. 1476 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) CHILDREN INCLUDED.— ‘‘(A) IN GENERAL.—Children who are economically disadvantaged, children with disabilities, migrant children or

limited English proficient children, are eligible for services

under this part on the same basis as other children selected

to receive services under this part.

‘‘(B) HEAD START, EVEN START, OR EARLY READING FIRST

CHILDREN.—A child who, at any time in the 2 years preceding the year for which the determination is made,

participated in a Head Start, Even Start, or Early Reading

First program, or in preschool services under this title,

is eligible for services under this part. ‘‘(C) PART C CHILDREN.—A child who, at any time in

the 2 years preceding the year for which the determination

is made, received services under part C is eligible for

services under this part. ‘‘(D) NEGLECTED OR DELINQUENT CHILDREN.—A child

in a local institution for neglected or delinquent children

and youth or attending a community day program for such

children is eligible for services under this part.

‘‘(E) HOMELESS CHILDREN.—A child who is homeless

and attending any school served by the local educational

agency is eligible for services under this part.

‘‘(3) SPECIAL RULE.—Funds received under this part may

not be used to provide services that are otherwise required

by law to be made available to children described in paragraph

(2) but may be used to coordinate or supplement such services.

‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE SCHOOL PROGRAM.—

‘‘(1) IN GENERAL.—To assist targeted assistance schools

and local educational agencies to meet their responsibility to

provide for all their students served under this part the opportunity to meet the State’s challenging student academic

achievement standards in subjects as determined by the State,

each targeted assistance program under this section shall— ‘‘(A) use such program’s resources under this part to

help participating children meet such State’s challenging

student academic achievement standards expected for all

children;

‘‘(B) ensure that planning for students served under

this part is incorporated into existing school planning;

‘‘(C) use effective methods and instructional strategies

that are based on scientifically based research that

strengthens the core academic program of the school and

that—

‘‘(i) give primary consideration to providing

extended learning time, such as an extended school

year, before- and after-school, and summer programs

and opportunities;

‘‘(ii) help provide an accelerated, high-quality curriculum, including applied learning; and

‘‘(iii) minimize removing children from the regular

classroom during regular school hours for instruction

provided under this part;

‘‘(D) coordinate with and support the regular education

program, which may include services to assist preschool

children in the transition from early childhood programs

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1477

such as Head Start, Even Start, Early Reading First or

State-run preschool programs to elementary school programs;

‘‘(E) provide instruction by highly qualified teachers;

‘‘(F) in accordance with subsection (e)(3) and section

1119, provide opportunities for professional development

with resources provided under this part, and, to the extent

practicable, from other sources, for teachers, principals,

and paraprofessionals, including, if appropriate, pupil services personnel, parents, and other staff, who work with

participating children in programs under this section or

in the regular education program;

‘‘(G) provide strategies to increase parental involvement in accordance with section 1118, such as family literacy services; and

‘‘(H) coordinate and integrate Federal, State, and local

services and programs, including programs supported

under this Act, violence prevention programs, nutrition

programs, housing programs, Head Start, adult education,

vocational and technical education, and job training.

‘‘(2) REQUIREMENTS.—Each school conducting a program

under this section shall assist participating children selected

in accordance with subsection (b) to meet the State’s proficient

and advanced levels of achievement by—

‘‘(A) the coordinating of resources provided under this

part with other resources; and

‘‘(B) reviewing, on an ongoing basis, the progress of

participating children and revising the targeted assistance

program, if necessary, to provide additional assistance to

enable such children to meet the State’s challenging student academic achievement standards, such as an extended

school year, before- and after-school, and summer programs

and opportunities, training for teachers regarding how to

identify students who need additional assistance, and

training for teachers regarding how to implement student

academic achievement standards in the classroom.

‘‘(d) INTEGRATION OF PROFESSIONAL DEVELOPMENT.—To promote the integration of staff supported with funds under this part

into the regular school program and overall school planning and

improvement efforts, public school personnel who are paid with

funds received under this part may—

‘‘(1) participate in general professional development and

school planning activities; and

‘‘(2) assume limited duties that are assigned to similar

personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children,

so long as the amount of time spent on such duties is the

same proportion of total work time as prevails with respect

to similar personnel at the same school.

‘‘(e) SPECIAL RULES.—

‘‘(1) SIMULTANEOUS SERVICE.—Nothing in this section shall

be construed to prohibit a school from serving students under

this section simultaneously with students with similar educational needs, in the same educational settings where appropriate.

‘‘(2) COMPREHENSIVE SERVICES.—If—

115 STAT. 1478 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) health, nutrition, and other social services are

not otherwise available to eligible children in a targeted

assistance school and such school, if appropriate, has

engaged in a comprehensive needs assessment and established a collaborative partnership with local service providers; and

‘‘(B) funds are not reasonably available from other

public or private sources to provide such services, then

a portion of the funds provided under this part may be

used as a last resort to provide such services, including—

‘‘(i) the provision of basic medical equipment, such

as eyeglasses and hearing aids;

‘‘(ii) compensation of a coordinator; and

‘‘(iii) professional development necessary to assist

teachers, pupil services personnel, other staff, and parents in identifying and meeting the comprehensive

needs of eligible children.

‘‘(3) PROFESSIONAL DEVELOPMENT.—Each school receiving

funds under this part for any fiscal year shall devote sufficient

resources to carry out effectively the professional development

activities described in subparagraph (F) of subsection (c)(1)

in accordance with section 1119 for such fiscal year, and a

school may enter into a consortium with another school to

carry out such activities.

‘‘SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL

AGENCY AND SCHOOL IMPROVEMENT.

‘‘(a) LOCAL REVIEW.—

‘‘(1) IN GENERAL.—Each local educational agency receiving

funds under this part shall—

‘‘(A) use the State academic assessments and other

indicators described in the State plan to review annually

the progress of each school served under this part to determine whether the school is making adequate yearly

progress as defined in section 1111(b)(2);

‘‘(B) at the local educational agency’s discretion, use

any academic assessments or any other academic indicators

described in the local educational agency’s plan under section 1112(b)(1)(A) and (B) to review annually the progress

of each school served under this part to determine whether

the school is making adequate yearly progress as defined

in section 1111(b)(2), except that the local educational

agency may not use such indicators (other than as provided

for in section 1111(b)(2)(I)) if the indicators reduce the

number or change the schools that would otherwise be

subject to school improvement, corrective action, or restructuring under section 1116 if such additional indicators

were not used, but may identify additional schools for

school improvement or in need of corrective action or

restructuring;

‘‘(C) publicize and disseminate the results of the local

annual review described in paragraph (1) to parents,

teachers, principals, schools, and the community so that

the teachers, principals, other staff, and schools can continually refine, in an instructionally useful manner, the program of instruction to help all children served under this

20 USC 6316.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1479

part meet the challenging State student academic achievement standards established under section 1111(b)(1); and ‘‘(D) review the effectiveness of the actions and activities the schools are carrying out under this part with

respect to parental involvement, professional development,

and other activities assisted under this part.

‘‘(2) AVAILABLE RESULTS.—The State educational agency

shall ensure that the results of State academic assessments

administered in that school year are available to the local

educational agency before the beginning of the next school

year.

‘‘(b) SCHOOL IMPROVEMENT.— ‘‘(1) GENERAL REQUIREMENTS.— ‘‘(A) IDENTIFICATION.—Subject to subparagraph (C), a

local educational agency shall identify for school improvement any elementary school or secondary school served

under this part that fails, for 2 consecutive years, to make

adequate yearly progress as defined in the State’s plan

under section 1111(b)(2). ‘‘(B) DEADLINE.—The identification described in

subparagraph (A) shall take place before the beginning

of the school year following such failure to make adequate

yearly progress.

‘‘(C) APPLICATION.—Subparagraph (A) shall not apply

to a school if almost every student in each group specified

in section 1111(b)(2)(C)(v) enrolled in such school is meeting

or exceeding the State’s proficient level of academic achievement.

‘‘(D) TARGETED ASSISTANCE SCHOOLS.—To determine if

an elementary school or a secondary school that is conducting a targeted assistance program under section 1115

should be identified for school improvement, corrective

action, or restructuring under this section, a local educational agency may choose to review the progress of only

the students in the school who are served, or are eligible

for services, under this part.

‘‘(E) PUBLIC SCHOOL CHOICE.—

‘‘(i) IN GENERAL.—In the case of a school identified

for school improvement under this paragraph, the local

educational agency shall, not later than the first day

of the school year following such identification, provide

all students enrolled in the school with the option

to transfer to another public school served by the local

educational agency, which may include a public charter

school, that has not been identified for school improvement under this paragraph, unless such an option

is prohibited by State law.

‘‘(ii) RULE.—In providing students the option to

transfer to another public school, the local educational

agency shall give priority to the lowest achieving children from low-income families, as determined by the

local educational agency for purposes of allocating

funds to schools under section 1113(c)(1).

‘‘(F) TRANSFER.—Students who use the option to

transfer under subparagraph (E) and paragraph (5)(A),

(7)(C)(i), or (8)(A)(i) or subsection (c)(10)(C)(vii) shall be

enrolled in classes and other activities in the public school

115 STAT. 1480 PUBLIC LAW 107–110—JAN. 8, 2002

to which the students transfer in the same manner as

all other children at the public school.

‘‘(2) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE; TIME

LIMIT.— ‘‘(A) IDENTIFICATION.—Before identifying an

elementary school or a secondary school for school improvement under paragraphs (1) or (5)(A), for corrective action

under paragraph (7), or for restructuring under paragraph

(8), the local educational agency shall provide the school

with an opportunity to review the school-level data,

including academic assessment data, on which the proposed

identification is based. ‘‘(B) EVIDENCE.—If the principal of a school proposed

for identification under paragraph (1), (5)(A), (7), or (8)

believes, or a majority of the parents of the students

enrolled in such school believe, that the proposed identification is in error for statistical or other substantive reasons,

the principal may provide supporting evidence to the local

educational agency, which shall consider that evidence

before making a final determination. ‘‘(C) FINAL DETERMINATION.—Not later than 30 days

after a local educational agency provides the school with

the opportunity to review such school-level data, the local

educational agency shall make public a final determination

on the status of the school with respect to the identification.

‘‘(3) SCHOOL PLAN.—

‘‘(A) REVISED PLAN.—After the resolution of a review

under paragraph (2), each school identified under paragraph (1) for school improvement shall, not later than

3 months after being so identified, develop or revise a

school plan, in consultation with parents, school staff, the

local educational agency serving the school, and outside

experts, for approval by such local educational agency.

The school plan shall cover a 2-year period and—

‘‘(i) incorporate strategies based on scientifically

based research that will strengthen the core academic

subjects in the school and address the specific academic

issues that caused the school to be identified for school

improvement, and may include a strategy for the

implementation of a comprehensive school reform

model that includes each of the components described

in part F;

‘‘(ii) adopt policies and practices concerning the

school’s core academic subjects that have the greatest

likelihood of ensuring that all groups of students specified in section 1111(b)(2)(C)(v) and enrolled in the

school will meet the State’s proficient level of achievement on the State academic assessment described in

section 1111(b)(3) not later than 12 years after the

end of the 2001–2002 school year;

‘‘(iii) provide an assurance that the school will

spend not less than 10 percent of the funds made

available to the school under section 1113 for each

fiscal year that the school is in school improvement

status, for the purpose of providing to the school’s

teachers and principal high-quality professional

development that—

Deadline.

Deadline.

Public

information.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1481

‘‘(I) directly addresses the academic achievement problem that caused the school to be identified for school improvement;

‘‘(II) meets the requirements for professional

development activities under section 1119; and

‘‘(III) is provided in a manner that affords

increased opportunity for participating in that

professional development;

‘‘(iv) specify how the funds described in clause

(iii) will be used to remove the school from school

improvement status;

‘‘(v) establish specific annual, measurable objectives for continuous and substantial progress by each

group of students specified in section 1111(b)(2)(C)(v)

and enrolled in the school that will ensure that all

such groups of students will, in accordance with adequate yearly progress as defined in section 1111(b)(2),

meet the State’s proficient level of achievement on

the State academic assessment described in section

1111(b)(3) not later than 12 years after the end of

the 2001–2002 school year;

‘‘(vi) describe how the school will provide written

notice about the identification to parents of each student enrolled in such school, in a format and, to the

extent practicable, in a language that the parents can

understand;

‘‘(vii) specify the responsibilities of the school, the

local educational agency, and the State educational

agency serving the school under the plan, including

the technical assistance to be provided by the local

educational agency under paragraph (4) and the local

educational agency’s responsibilities under section

1120A;

‘‘(viii) include strategies to promote effective

parental involvement in the school;

‘‘(ix) incorporate, as appropriate, activities before

school, after school, during the summer, and during

any extension of the school year; and

‘‘(x) incorporate a teacher mentoring program.

‘‘(B) CONDITIONAL APPROVAL.—The local educational

agency may condition approval of a school plan under this

paragraph on—

‘‘(i) inclusion of one or more of the corrective

actions specified in paragraph (7)(C)(iv); or

‘‘(ii) feedback on the school improvement plan from

parents and community leaders.

‘‘(C) PLAN IMPLEMENTATION.—Except as provided in

subparagraph (D), a school shall implement the school plan

(including a revised plan) expeditiously, but not later than

the beginning of the next full school year following the

identification under paragraph (1).

‘‘(D) PLAN APPROVED DURING SCHOOL YEAR.—Notwithstanding subparagraph (C), if a plan is not approved prior

to the beginning of a school year, such plan shall be implemented immediately upon approval.

Deadline.

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115 STAT. 1482 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(E) LOCAL EDUCATIONAL AGENCY APPROVAL.—The local

educational agency, within 45 days of receiving a school

plan, shall—

‘‘(i) establish a peer review process to assist with

review of the school plan; and

‘‘(ii) promptly review the school plan, work with

the school as necessary, and approve the school plan

if the plan meets the requirements of this paragraph.

‘‘(4) TECHNICAL ASSISTANCE.— ‘‘(A) IN GENERAL.—For each school identified for school

improvement under paragraph (1), the local educational

agency serving the school shall ensure the provision of

technical assistance as the school develops and implements

the school plan under paragraph (3) throughout the plan’s

duration. ‘‘(B) SPECIFIC ASSISTANCE.—Such technical

assistance—

‘‘(i) shall include assistance in analyzing data from

the assessments required under section 1111(b)(3), and

other examples of student work, to identify and address

problems in instruction, and problems if any, in implementing the parental involvement requirements

described in section 1118, the professional development

requirements described in section 1119, and the

responsibilities of the school and local educational

agency under the school plan, and to identify and

address solutions to such problems;

‘‘(ii) shall include assistance in identifying and

implementing professional development, instructional

strategies, and methods of instruction that are based

on scientifically based research and that have proven

effective in addressing the specific instructional issues

that caused the school to be identified for school

improvement;

‘‘(iii) shall include assistance in analyzing and

revising the school’s budget so that the school’s

resources are more effectively allocated to the activities

most likely to increase student academic achievement

and to remove the school from school improvement

status; and

‘‘(iv) may be provided—

‘‘(I) by the local educational agency, through

mechanisms authorized under section 1117; or

‘‘(II) by the State educational agency, an

institution of higher education (that is in full

compliance with all the reporting provisions of title

II of the Higher Education Act of 1965), a private

not-for-profit organization or for-profit organization, an educational service agency, or another

entity with experience in helping schools improve

academic achievement.

‘‘(C) SCIENTIFICALLY BASED RESEARCH.—Technical

assistance provided under this section by a local educational agency or an entity approved by that agency shall

be based on scientifically based research.

‘‘(5) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS AFTER

IDENTIFICATION.—In the case of any school served under this

Establishment.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1483

part that fails to make adequate yearly progress, as set out

in the State’s plan under section 1111(b)(2), by the end of

the first full school year after identification under paragraph

(1), the local educational agency serving such school—

‘‘(A) shall continue to provide all students enrolled

in the school with the option to transfer to another public

school served by the local educational agency in accordance

with subparagraphs (E) and (F);

‘‘(B) shall make supplemental educational services

available consistent with subsection (e)(1); and

‘‘(C) shall continue to provide technical assistance.

‘‘(6) NOTICE TO PARENTS.—A local educational agency shall

promptly provide to a parent or parents (in an understandable

and uniform format and, to the extent practicable, in a language

the parents can understand) of each student enrolled in an

elementary school or a secondary school identified for school

improvement under paragraph (1), for corrective action under

paragraph (7), or for restructuring under paragraph (8)—

‘‘(A) an explanation of what the identification means,

and how the school compares in terms of academic achievement to other elementary schools or secondary schools

served by the local educational agency and the State educational agency involved;

‘‘(B) the reasons for the identification;

‘‘(C) an explanation of what the school identified for

school improvement is doing to address the problem of

low achievement;

‘‘(D) an explanation of what the local educational

agency or State educational agency is doing to help the

school address the achievement problem;

‘‘(E) an explanation of how the parents can become

involved in addressing the academic issues that caused

the school to be identified for school improvement; and

‘‘(F) an explanation of the parents’ option to transfer

their child to another public school under paragraphs (1)(E),

(5)(A), (7)(C)(i), (8)(A)(i), and subsection (c)(10)(C)(vii) (with

transportation provided by the agency when required by

paragraph (9)) or to obtain supplemental educational services for the child, in accordance with subsection (e).

‘‘(7) CORRECTIVE ACTION.—

‘‘(A) IN GENERAL.—In this subsection, the term ‘corrective action’ means action, consistent with State law, that—

‘‘(i) substantially and directly responds to—

‘‘(I) the consistent academic failure of a school

that caused the local educational agency to take

such action; and

‘‘(II) any underlying staffing, curriculum, or

other problems in the school; and

‘‘(ii) is designed to increase substantially the likelihood that each group of students described in

1111(b)(2)(C) enrolled in the school identified for corrective action will meet or exceed the State’s proficient

levels of achievement on the State academic assessments described in section 1111(b)(3).

115 STAT. 1484 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) SYSTEM.—In order to help students served under

this part meet challenging State student academic achievement standards, each local educational agency shall implement a system of corrective action in accordance with subparagraphs (C) through (E).

‘‘(C) ROLE OF LOCAL EDUCATIONAL AGENCY.—In the

case of any school served by a local educational agency

under this part that fails to make adequate yearly progress,

as defined by the State under section 1111(b)(2), by the

end of the second full school year after the identification

under paragraph (1), the local educational agency shall—

‘‘(i) continue to provide all students enrolled in

the school with the option to transfer to another public

school served by the local educational agency, in

accordance with paragraph (1)(E) and (F);

‘‘(ii) continue to provide technical assistance consistent with paragraph (4) while instituting any corrective action under clause (iv);

‘‘(iii) continue to make supplemental educational

services available, in accordance with subsection (e),

to children who remain in the school; and

‘‘(iv) identify the school for corrective action and

take at least one of the following corrective actions:

‘‘(I) Replace the school staff who are relevant

to the failure to make adequate yearly progress.

‘‘(II) Institute and fully implement a new curriculum, including providing appropriate professional development for all relevant staff, that is

based on scientifically based research and offers

substantial promise of improving educational

achievement for low-achieving students and

enabling the school to make adequate yearly

progress.

‘‘(III) Significantly decrease management

authority at the school level.

‘‘(IV) Appoint an outside expert to advise the

school on its progress toward making adequate

yearly progress, based on its school plan under

paragraph (3).

‘‘(V) Extend the school year or school day for

the school.

‘‘(VI) Restructure the internal organizational

structure of the school.

‘‘(D) DELAY.—Notwithstanding any other provision of

this paragraph, the local educational agency may delay,

for a period not to exceed 1 year, implementation of the

requirements under paragraph (5), corrective action under

this paragraph, or restructuring under paragraph (8) if

the school makes adequate yearly progress for 1 year or

if its failure to make adequate yearly progress is due to

exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in

the financial resources of the local educational agency or

school. No such period shall be taken into account in determining the number of consecutive years of failure to make

adequate yearly progress.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1485

‘‘(E) PUBLICATION AND DISSEMINATION.—The local educational agency shall publish and disseminate information

regarding any corrective action the local educational agency

takes under this paragraph at a school—

‘‘(i) to the public and to the parents of each student

enrolled in the school subject to corrective action;

‘‘(ii) in an understandable and uniform format and,

to the extent practicable, provided in a language that

the parents can understand; and

‘‘(iii) through such means as the Internet, the

media, and public agencies.

‘‘(8) RESTRUCTURING.—

‘‘(A) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—

If, after 1 full school year of corrective action under paragraph (7), a school subject to such corrective action continues to fail to make adequate yearly progress, then the

local educational agency shall—

‘‘(i) continue to provide all students enrolled in

the school with the option to transfer to another public

school served by the local educational agency, in

accordance with paragraph (1)(E) and (F);

‘‘(ii) continue to make supplemental educational

services available, in accordance with subsection (e),

to children who remain in the school; and

‘‘(iii) prepare a plan and make necessary arrangements to carry out subparagraph (B).

‘‘(B) ALTERNATIVE GOVERNANCE.—Not later than the

beginning of the school year following the year in which

the local educational agency implements subparagraph (A),

the local educational agency shall implement one of the

following alternative governance arrangements for the

school consistent with State law:

‘‘(i) Reopening the school as a public charter school.

‘‘(ii) Replacing all or most of the school staff (which

may include the principal) who are relevant to the

failure to make adequate yearly progress.

‘‘(iii) Entering into a contract with an entity, such

as a private management company, with a demonstrated record of effectiveness, to operate the public

school.

‘‘(iv) Turning the operation of the school over to

the State educational agency, if permitted under State

law and agreed to by the State.

‘‘(v) Any other major restructuring of the school’s

governance arrangement that makes fundamental

reforms, such as significant changes in the school’s

staffing and governance, to improve student academic

achievement in the school and that has substantial

promise of enabling the school to make adequate yearly

progress as defined in the State plan under section

1111(b)(2). In the case of a rural local educational

agency with a total of less than 600 students in average

daily attendance at the schools that are served by

the agency and all of whose schools have a School

Locale Code of 7 or 8, as determined by the Secretary,

the Secretary shall, at such agency’s request, provide

Deadline.

115 STAT. 1486 PUBLIC LAW 107–110—JAN. 8, 2002

technical assistance to such agency for the purpose

of implementing this clause.

‘‘(C) PROMPT NOTICE.—The local educational agency

shall— ‘‘(i) provide prompt notice to teachers and parents

whenever subparagraph (A) or (B) applies; and ‘‘(ii) provide the teachers and parents with an adequate opportunity to— ‘‘(I) comment before taking any action under

those subparagraphs; and ‘‘(II) participate in developing any plan under

subparagraph (A)(iii). ‘‘(9) TRANSPORTATION.—In any case described in paragraph

(1)(E) for schools described in paragraphs (1)(A), (5), (7)(C)(i),

and (8)(A), and subsection (c)(10)(C)(vii), the local educational

agency shall provide, or shall pay for the provision of, transportation for the student to the public school the student attends. ‘‘(10) FUNDS FOR TRANSPORTATION AND SUPPLEMENTAL EDUCATIONAL SERVICES.—

‘‘(A) IN GENERAL.—Unless a lesser amount is needed

to comply with paragraph (9) and to satisfy all requests

for supplemental educational services under subsection (e),

a local educational agency shall spend an amount equal

to 20 percent of its allocation under subpart 2, from which

the agency shall spend—

‘‘(i) an amount equal to 5 percent of its allocation

under subpart 2 to provide, or pay for, transportation

under paragraph (9);

‘‘(ii) an amount equal to 5 percent of its allocation

under subpart 2 to provide supplemental educational

services under subsection (e); and

‘‘(iii) an amount equal to the remaining 10 percent

of its allocation under subpart 2 for transportation

under paragraph (9), supplemental educational services

under subsection (e), or both, as the agency determines.

‘‘(B) TOTAL AMOUNT.—The total amount described in

subparagraph (A)(ii) is the maximum amount the local

educational agency shall be required to spend under this

part on supplemental educational services described in subsection (e).

‘‘(C) INSUFFICIENT FUNDS.—If the amount of funds

described in subparagraph (A)(ii) or (iii) and available to

provide services under this subsection is insufficient to

provide supplemental educational services to each child

whose parents request the services, the local educational

agency shall give priority to providing the services to the

lowest-achieving children.

‘‘(D) PROHIBITION.—A local educational agency shall

not, as a result of the application of this paragraph, reduce

by more than 15 percent the total amount made available

under section 1113(c) to a school described in paragraph

(7)(C) or (8)(A) of subsection (b).

‘‘(11) COOPERATIVE AGREEMENT.—In any case described in

paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection

(c)(10)(C)(vii) if all public schools served by the local educational

agency to which a child may transfer are identified for school

improvement, corrective action or restructuring, the agency

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1487

shall, to the extent practicable, establish a cooperative agreement with other local educational agencies in the area for

a transfer. ‘‘(12) DURATION.—If any school identified for school

improvement, corrective action, or restructuring makes adequate yearly progress for two consecutive school years, the

local educational agency shall no longer subject the school

to the requirements of school improvement, corrective action,

or restructuring or identify the school for school improvement

for the succeeding school year. ‘‘(13) SPECIAL RULE.—A local educational agency shall

permit a child who transferred to another school under this

subsection to remain in that school until the child has completed the highest grade in that school. The obligation of the

local educational agency to provide, or to provide for, transportation for the child ends at the end of a school year if the

local educational agency determines that the school from which

the child transferred is no longer identified for school improvement or subject to corrective action or restructuring. ‘‘(14) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—The

State educational agency shall—

‘‘(A) make technical assistance under section 1117

available to schools identified for school improvement,

corrective action, or restructuring under this subsection

consistent with section 1117(a)(2);

‘‘(B) if the State educational agency determines that

a local educational agency failed to carry out its responsibilities under this subsection, take such corrective actions

as the State educational agency determines to be appropriate and in compliance with State law;

‘‘(C) ensure that academic assessment results under

this part are provided to schools before any identification

of a school may take place under this subsection; and

‘‘(D) for local educational agencies or schools identified

for improvement under this subsection, notify the Secretary

of major factors that were brought to the attention of

the State educational agency under section 1111(b)(9) that

have significantly affected student academic achievement.

‘‘(c) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT.—

‘‘(1) IN GENERAL.—A State shall—

‘‘(A) annually review the progress of each local educational agency receiving funds under this part to determine whether schools receiving assistance under this part

are making adequate yearly progress as defined in section

1111(b)(2) toward meeting the State’s student academic

achievement standards and to determine if each local educational agency is carrying out its responsibilities under

this section and sections 1117, 1118, and 1119; and

‘‘(B) publicize and disseminate to local educational

agencies, teachers and other staff, parents, students, and

the community the results of the State review, including

statistically sound disaggregated results, as required by

section 1111(b)(2).

‘‘(2) REWARDS.—In the case of a local educational agency

that, for 2 consecutive years, has exceeded adequate yearly

progress as defined in the State plan under section 1111(b)(2),

115 STAT. 1488 PUBLIC LAW 107–110—JAN. 8, 2002

the State may make rewards of the kinds described under

section 1117 to the agency. ‘‘(3) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCY FOR

IMPROVEMENT.—A State shall identify for improvement any

local educational agency that, for 2 consecutive years, including

the period immediately prior to the date of enactment of the

No Child Left Behind Act of 2001, failed to make adequate

yearly progress as defined in the State’s plan under section

1111(b)(2). ‘‘(4) TARGETED ASSISTANCE SCHOOLS.—When reviewing targeted assistance schools served by a local educational agency,

a State educational agency may choose to review the progress

of only the students in such schools who are served, or are

eligible for services, under this part. ‘‘(5) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.— ‘‘(A) REVIEW.—Before identifying a local educational

agency for improvement under paragraph (3) or corrective

action under paragraph (10), a State educational agency

shall provide the local educational agency with an opportunity to review the data, including academic assessment

data, on which the proposed identification is based. ‘‘(B) EVIDENCE.—If the local educational agency

believes that the proposed identification is in error for

statistical or other substantive reasons, the agency may

provide supporting evidence to the State educational

agency, which shall consider the evidence before making

a final determination not later than 30 days after the

State educational agency provides the local educational

agency with the opportunity to review such data under

subparagraph (A).

‘‘(6) NOTIFICATION TO PARENTS.—The State educational

agency shall promptly provide to the parents (in a format

and, to the extent practicable, in a language the parents can

understand) of each student enrolled in a school served by

a local educational agency identified for improvement, the

results of the review under paragraph (1) and, if the agency

is identified for improvement, the reasons for that identification

and how parents can participate in upgrading the quality of

the local educational agency.

‘‘(7) LOCAL EDUCATIONAL AGENCY REVISIONS.—

‘‘(A) PLAN.—Each local educational agency identified

under paragraph (3) shall, not later than 3 months after

being so identified, develop or revise a local educational

agency plan, in consultation with parents, school staff,

and others. Such plan shall—

‘‘(i) incorporate scientifically based research strategies that strengthen the core academic program in

schools served by the local educational agency;

‘‘(ii) identify actions that have the greatest likelihood of improving the achievement of participating

children in meeting the State’s student academic

achievement standards;

‘‘(iii) address the professional development needs

of the instructional staff serving the agency by committing to spend not less than 10 percent of the funds

received by the local educational agency under subpart

2 for each fiscal year in which the agency is identified

Deadline.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1489

for improvement for professional development

(including funds reserved for professional development

under subsection (b)(3)(A)(iii)), but excluding funds

reserved for professional development under section

1119;

‘‘(iv) include specific measurable achievement goals

and targets for each of the groups of students identified

in the disaggregated data pursuant to section

1111(b)(2)(C)(v), consistent with adequate yearly

progress as defined under section 1111(b)(2);

‘‘(v) address the fundamental teaching and

learning needs in the schools of that agency, and the

specific academic problems of low-achieving students,

including a determination of why the local educational

agency’s prior plan failed to bring about increased student academic achievement;

‘‘(vi) incorporate, as appropriate, activities before

school, after school, during the summer, and during

an extension of the school year;

‘‘(vii) specify the responsibilities of the State educational agency and the local educational agency under

the plan, including specifying the technical assistance

to be provided by the State educational agency under

paragraph (9) and the local educational agency’s

responsibilities under section 1120A; and

‘‘(viii) include strategies to promote effective

parental involvement in the school.

‘‘(B) IMPLEMENTATION.—The local educational agency

shall implement the plan (including a revised plan) expeditiously, but not later than the beginning of the next school

year after the school year in which the agency was identified for improvement.

‘‘(9) STATE EDUCATIONAL AGENCY RESPONSIBILITY.—

‘‘(A) TECHNICAL OR OTHER ASSISTANCE.—For each local

educational agency identified under paragraph (3), the

State educational agency shall provide technical or other

assistance if requested, as authorized under section 1117,

to better enable the local educational agency to—

‘‘(i) develop and implement the local educational

agency’s plan; and

‘‘(ii) work with schools needing improvement.

‘‘(B) METHODS AND STRATEGIES.—Technical assistance

provided under this section by the State educational agency

or an entity authorized by such agency shall be supported

by effective methods and instructional strategies based on

scientifically based research. Such technical assistance

shall address problems, if any, in implementing the

parental involvement activities described in section 1118

and the professional development activities described in

section 1119.

‘‘(10) CORRECTIVE ACTION.—In order to help students served

under this part meet challenging State student academic

achievement standards, each State shall implement a system

of corrective action in accordance with the following:

‘‘(A) DEFINITION.—As used in this paragraph, the term ‘corrective action’ means action, consistent with State law,

that—

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115 STAT. 1490 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(i) substantially and directly responds to the consistent academic failure that caused the State to take

such action and to any underlying staffing, curricular,

or other problems in the agency; and

‘‘(ii) is designed to meet the goal of having all

students served under this part achieve at the proficient and advanced student academic achievement

levels.

‘‘(B) GENERAL REQUIREMENTS.—After providing technical assistance under paragraph (9) and subject to

subparagraph (E), the State— ‘‘(i) may take corrective action at any time with

respect to a local educational agency that has been

identified under paragraph (3); ‘‘(ii) shall take corrective action with respect to

any local educational agency that fails to make adequate yearly progress, as defined by the State, by

the end of the second full school year after the identification of the agency under paragraph (3); and ‘‘(iii) shall continue to provide technical assistance

while instituting any corrective action under clause

(i) or (ii).

‘‘(C) CERTAIN CORRECTIVE ACTIONS REQUIRED.—In the

case of a local educational agency identified for corrective

action, the State educational agency shall take at least

one of the following corrective actions:

‘‘(i) Deferring programmatic funds or reducing

administrative funds.

‘‘(ii) Instituting and fully implementing a new curriculum that is based on State and local academic

content and achievement standards, including providing appropriate professional development based on

scientifically based research for all relevant staff, that

offers substantial promise of improving educational

achievement for low-achieving students. ‘‘(iii) Replacing the local educational agency personnel who are relevant to the failure to make adequate yearly progress.

‘‘(iv) Removing particular schools from the jurisdiction of the local educational agency and establishing

alternative arrangements for public governance and

supervision of such schools.

‘‘(v) Appointing, through the State educational

agency, a receiver or trustee to administer the affairs

of the local educational agency in place of the superintendent and school board.

‘‘(vi) Abolishing or restructuring the local educational agency.

‘‘(vii) Authorizing students to transfer from a

school operated by the local educational agency to a

higher-performing public school operated by another

local educational agency in accordance with subsections

(b)(1)(E) and (F), and providing to such students

transportation (or the costs of transportation) to such

schools consistent with subsection (b)(9), in conjunction

with carrying out not less than one additional action

described under this subparagraph.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1491

‘‘(D) HEARING.—Prior to implementing any corrective

action under this paragraph, the State educational agency

shall provide notice and a hearing to the affected local

educational agency, if State law provides for such notice

and hearing. The hearing shall take place not later than

45 days following the decision to implement corrective

action.

‘‘(E) NOTICE TO PARENTS.—The State educational

agency shall publish, and disseminate to parents and the

public, information on any corrective action the State educational agency takes under this paragraph through such

means as the Internet, the media, and public agencies.

‘‘(F) DELAY.—Notwithstanding subparagraph (B)(ii), a

State educational agency may delay, for a period not to

exceed 1 year, implementation of corrective action under

this paragraph if the local educational agency makes adequate yearly progress for 1 year or its failure to make

adequate yearly progress is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of

the local educational agency. No such period shall be taken

into account in determining the number of consecutive

years of failure to make adequate yearly progress.

‘‘(11) SPECIAL RULE.—If a local educational agency makes

adequate yearly progress for two consecutive school years beginning after the date of identification of the agency under paragraph (3), the State educational agency need no longer identify

the local educational agency for improvement or subject the

local educational agency to corrective action for the succeeding

school year.

‘‘(d) CONSTRUCTION.—Nothing in this section shall be construed

to alter or otherwise affect the rights, remedies, and procedures

afforded school or school district employees under Federal, State,

or local laws (including applicable regulations or court orders) or

under the terms of collective bargaining agreements, memoranda

of understanding, or other agreements between such employees

and their employers.

‘‘(e) SUPPLEMENTAL EDUCATIONAL SERVICES.—

‘‘(1) SUPPLEMENTAL EDUCATIONAL SERVICES.—In the case

of any school described in paragraph (5), (7), or (8) of subsection

(b), the local educational agency serving such school shall,

subject to this subsection, arrange for the provision of supplemental educational services to eligible children in the school

from a provider with a demonstrated record of effectiveness,

that is selected by the parents and approved for that purpose

by the State educational agency in accordance with reasonable

criteria, consistent with paragraph (5), that the State educational agency shall adopt.

‘‘(2) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.—Each

local educational agency subject to this subsection shall—

‘‘(A) provide, at a minimum, annual notice to parents

(in an understandable and uniform format and, to the

extent practicable, in a language the parents can understand) of—

‘‘(i) the availability of services under this subsection;

Publication.

Notice.

Deadline.

115 STAT. 1492 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) the identity of approved providers of those

services that are within the local educational agency

or whose services are reasonably available in neighboring local educational agencies; and

‘‘(iii) a brief description of the services, qualifications, and demonstrated effectiveness of each such provider;

‘‘(B) if requested, assist parents in choosing a provider

from the list of approved providers maintained by the State;

‘‘(C) apply fair and equitable procedures for serving

students if the number of spaces at approved providers

is not sufficient to serve all students; and

‘‘(D) not disclose to the public the identity of any student who is eligible for, or receiving, supplemental educational services under this subsection without the written

permission of the parents of the student.

‘‘(3) AGREEMENT.—In the case of the selection of an

approved provider by a parent, the local educational agency

shall enter into an agreement with such provider. Such agreement shall—

‘‘(A) require the local educational agency to develop,

in consultation with parents (and the provider chosen by

the parents), a statement of specific achievement goals

for the student, how the student’s progress will be measured, and a timetable for improving achievement that,

in the case of a student with disabilities, is consistent

with the student’s individualized education program under

section 614(d) of the Individuals with Disabilities Education

Act;

‘‘(B) describe how the student’s parents and the student’s teacher or teachers will be regularly informed of

the student’s progress;

‘‘(C) provide for the termination of such agreement

if the provider is unable to meet such goals and timetables;

‘‘(D) contain provisions with respect to the making

of payments to the provider by the local educational agency;

and

‘‘(E) prohibit the provider from disclosing to the public

the identity of any student eligible for, or receiving, supplemental educational services under this subsection without

the written permission of the parents of such student.

‘‘(4) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—A

State educational agency shall—

‘‘(A) in consultation with local educational agencies,

parents, teachers, and other interested members of the

public, promote maximum participation by providers to

ensure, to the extent practicable, that parents have as

many choices as possible;

‘‘(B) develop and apply objective criteria, consistent

with paragraph (5), to potential providers that are based

on a demonstrated record of effectiveness in increasing

the academic proficiency of students in subjects relevant

to meeting the State academic content and student achievement standards adopted under section 1111(b)(1);

‘‘(C) maintain an updated list of approved providers

across the State, by school district, from which parents

may select;

Records.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1493

‘‘(D) develop, implement, and publicly report on standards and techniques for monitoring the quality and

effectiveness of the services offered by approved providers

under this subsection, and for withdrawing approval from

providers that fail, for 2 consecutive years, to contribute

to increasing the academic proficiency of students served

under this subsection as described in subparagraph (B);

and

‘‘(E) provide annual notice to potential providers of

supplemental educational services of the opportunity to

provide services under this subsection and of the applicable

procedures for obtaining approval from the State educational agency to be an approved provider of those services.

‘‘(5) CRITERIA FOR PROVIDERS.—In order for a provider to

be included on the State list under paragraph (4)(C), a provider

shall agree to carry out the following: ‘‘(A) Provide parents of children receiving supplemental

educational services under this subsection and the appropriate local educational agency with information on the

progress of the children in increasing achievement, in a

format and, to the extent practicable, a language that

such parents can understand. ‘‘(B) Ensure that instruction provided and content used

by the provider are consistent with the instruction provided

and content used by the local educational agency and State,

and are aligned with State student academic achievement

standards.

‘‘(C) Meet all applicable Federal, State, and local

health, safety, and civil rights laws.

‘‘(D) Ensure that all instruction and content under

this subsection are secular, neutral, and nonideological.

‘‘(6) AMOUNTS FOR SUPPLEMENTAL EDUCATIONAL SERVICES.—The amount that a local educational agency shall make

available for supplemental educational services for each child

receiving those services under this subsection shall be the lesser

of—

‘‘(A) the amount of the agency’s allocation under subpart 2, divided by the number of children from families

below the poverty level counted under section 1124(c)(1)(A);

or

‘‘(B) the actual costs of the supplemental educational

services received by the child.

‘‘(7) FUNDS PROVIDED BY STATE EDUCATIONAL AGENCY.—

Each State educational agency may use funds that the agency

reserves under this part, and part A of title V, to assist local

educational agencies that do not have sufficient funds to provide

services under this subsection for all eligible students

requesting such services.

‘‘(8) DURATION.—The local educational agency shall continue to provide supplemental educational services to a child

receiving such services under this subsection until the end

of the school year in which such services were first received.

‘‘(9) PROHIBITION.—Nothing contained in this subsection

shall permit the making of any payment for religious worship

or instruction.

‘‘(10) WAIVER.—

Notice.

Reports.

Public

information.

115 STAT. 1494 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) REQUIREMENT.—At the request of a local educational agency, a State educational agency may waive,

in whole or in part, the requirement of this subsection

to provide supplemental educational services if the State

educational agency determines that—

‘‘(i) none of the providers of those services on the

list approved by the State educational agency under

paragraph (4)(C) makes those services available in the

area served by the local educational agency or within

a reasonable distance of that area; and

‘‘(ii) the local educational agency provides evidence

that it is not able to provide those services.

‘‘(B) NOTIFICATION.—The State educational agency

shall notify the local educational agency, within 30 days

of receiving the local educational agency’s request for a

waiver under subparagraph (A), whether the request is

approved or disapproved and, if disapproved, the reasons

for the disapproval, in writing.

‘‘(11) SPECIAL RULE.—If State law prohibits a State educational agency from carrying out one or more of its responsibilities under paragraph (4) with respect to those who provide,

or seek approval to provide, supplemental educational services,

each local educational agency in the State shall carry out

those responsibilities with respect to its students who are

eligible for those services.

‘‘(12) DEFINITIONS.—In this subsection—

‘‘(A) the term ‘eligible child’ means a child from a

low-income family, as determined by the local educational

agency for purposes of allocating funds to schools under

section 1113(c)(1);

‘‘(B) the term ‘provider’ means a non-profit entity, a

for-profit entity, or a local educational agency that—

‘‘(i) has a demonstrated record of effectiveness in

increasing student academic achievement;

‘‘(ii) is capable of providing supplemental educational services that are consistent with the instructional program of the local educational agency and

the academic standards described under section 1111;

and

‘‘(iii) is financially sound; and

‘‘(C) the term ‘supplemental educational services’

means tutoring and other supplemental academic enrichment services that are—

‘‘(i) in addition to instruction provided during the

school day; and

‘‘(ii) are of high quality, research-based, and

specifically designed to increase the academic achievement of eligible children on the academic assessments

required under section 1111 and attain proficiency in

meeting the State’s academic achievement standards.

‘‘(f) SCHOOLS AND LEAS PREVIOUSLY IDENTIFIED FOR IMPROVE- MENT OR CORRECTIVE ACTION.—

‘‘(1) SCHOOLS.—

‘‘(A) SCHOOL IMPROVEMENT.—

‘‘(i) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS

BEFORE DATE OF ENACTMENT.—Any school that was

in the first year of school improvement status under

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1495

this section on the day preceding the date of enactment

of the No Child Left Behind Act of 2001 (as this section

was in effect on such day) shall be treated by the

local educational agency as a school that is in the

first year of school improvement status under paragraph (1).

‘‘(ii) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS FOR

2 OR MORE YEARS BEFORE DATE OF ENACTMENT.—Any

school that was in school improvement status under

this section for two or more consecutive school years

preceding the date of enactment of the No Child Left

Behind Act of 2001 (as this section was in effect on

such day) shall be treated by the local educational

agency as a school described in subsection (b)(5).

‘‘(B) CORRECTIVE ACTION.—Any school that was in

corrective action status under this section on the day preceding the date of enactment of the No Child Left Behind

Act of 2001 (as this section was in effect on such day)

shall be treated by the local educational agency as a school

described in paragraph (7).

‘‘(2) LEAS.—

‘‘(A) LEA IMPROVEMENT.—A State shall identify for

improvement under subsection (c)(3) any local educational

agency that was in improvement status under this section

as this section was in effect on the day preceding the

date of enactment of the No Child Left Behind Act of

2001.

‘‘(B) CORRECTIVE ACTION.—A State shall identify for

corrective action under subsection (c)(10) any local educational agency that was in corrective action status under

this section as this section was in effect on the day preceding the date of enactment of the No Child Left Behind

Act of 2001.

‘‘(C) SPECIAL RULE.—For the schools and other local

educational agencies described under paragraphs (1) and

(2), as required, the State shall ensure that public school

choice in accordance with subparagraphs (b)(1)(E) and (F)

and supplemental education services in accordance with

subsection (e) are provided not later than the first day

of the 2002–2003 school year.

‘‘(D) TRANSITION.—With respect to a determination

that a local educational agency has for 2 consecutive years

failed to make adequate yearly progress as defined in the

State plan under section 1111(b)(2), such determination

shall include in such 2-year period any continuous period

of time immediately preceding the date of enactment of

the No Child Left Behind Act of 2001 during which the

agency has failed to make such progress.

‘‘(g) SCHOOLS FUNDED BY THE BUREAU OF INDIAN AFFAIRS.—

‘‘(1) ADEQUATE YEARLY PROGRESS FOR BUREAU FUNDED

SCHOOLS.—

‘‘(A) DEVELOPMENT OF DEFINITION.—

‘‘(i) DEFINITION.—The Secretary of the Interior, in

consultation with the Secretary if the Secretary of

Interior requests the consultation, using the process

set out in section 1138(b) of the Education Amendments of 1978, shall define adequate yearly progress,

Deadline.

115 STAT. 1496 PUBLIC LAW 107–110—JAN. 8, 2002

consistent with section 1111(b), for the schools funded

by the Bureau of Indian Affairs on a regional or tribal

basis, as appropriate, taking into account the unique

circumstances and needs of such schools and the students served by such schools.

‘‘(ii) USE OF DEFINITION.—The Secretary of the

Interior, consistent with clause (i), may use the definition of adequate yearly progress that the State in

which the school that is funded by the Bureau is

located uses consistent with section 1111(b), or in the

case of schools that are located in more than one State,

the Secretary of the Interior may use whichever State

definition of adequate yearly progress that best meets

the unique circumstances and needs of such school

or schools and the students the schools serve.

‘‘(B) WAIVER.—The tribal governing body or school

board of a school funded by the Bureau of Indian Affairs

may waive, in part or in whole, the definition of adequate

yearly progress established pursuant to paragraph (A)

where such definition is determined by such body or school

board to be inappropriate. If such definition is waived,

the tribal governing body or school board shall, within

60 days thereafter, submit to the Secretary of Interior

a proposal for an alternative definition of adequate yearly

progress, consistent with section 1111(b), that takes into

account the unique circumstances and needs of such school

or schools and the students served. The Secretary of the

Interior, in consultation with the Secretary if the Secretary

of Interior requests the consultation, shall approve such

alternative definition unless the Secretary determines that

the definition does not meet the requirements of section

1111(b), taking into account the unique circumstances and

needs of such school or schools and the students served.

‘‘(C) TECHNICAL ASSISTANCE.—The Secretary of Interior

shall, in consultation with the Secretary if the Secretary

of Interior requests the consultation, either directly or

through a contract, provide technical assistance, upon

request, to a tribal governing body or school board of a

school funded by the Bureau of Indian Affairs that seeks

to develop an alternative definition of adequate yearly

progress.

‘‘(2) ACCOUNTABILITY FOR BIA SCHOOLS.—For the purposes

of this section, schools funded by the Bureau of Indian Affairs

shall be considered schools subject to subsection (b), as specifically provided for in this subsection, except that such schools

shall not be subject to subsection (c), or the requirements

to provide public school choice and supplemental educational

services under subsections (b) and (e).

‘‘(3) SCHOOL IMPROVEMENT FOR BUREAU SCHOOLS.—

‘‘(A) CONTRACT AND GRANT SCHOOLS.—For a school

funded by the Bureau of Indian Affairs which is operated

under a contract issued by the Secretary of the Interior

pursuant to the Indian Self-Determination Act (25 U.S.C.

450 et seq.) or under a grant issued by the Secretary

of the Interior pursuant to the Tribally Controlled Schools

Act of 1988 (25 U.S.C. 2501 et seq.), the school board

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1497

of such school shall be responsible for meeting the requirements of subsection (b) relating to development and

implementation of any school improvement plan as

described in subsections (b)(1) through (b)(3), and subsection (b)(5), other than subsection (b)(1)(E). The Bureau

of Indian Affairs shall be responsible for meeting the

requirements of subsection (b)(4) relating to technical

assistance.

‘‘(B) BUREAU OPERATED SCHOOLS.—For schools operated

by the Bureau of Indian Affairs, the Bureau shall be

responsible for meeting the requirements of subsection (b)

relating to development and implementation of any school

improvement plan as described in subsections (b)(1)

through (b)(5), other than subsection (b)(1)(E).

‘‘(4) CORRECTIVE ACTION AND RESTRUCTURING FOR BUREAUFUNDED SCHOOLS.—

‘‘(A) CONTRACT AND GRANT SCHOOLS.—For a school

funded by the Bureau of Indian Affairs which is operated

under a contract issued by the Secretary of the Interior

pursuant to the Indian Self-Determination Act (25 U.S.C.

450 et seq.) or under a grant issued by the Secretary

of the Interior pursuant to the Tribally Controlled Schools

Act of 1988 (25 U.S.C. 2501 et seq.), the school board

of such school shall be responsible for meeting the requirements of subsection (b) relating to corrective action and

restructuring as described in subsection (b)(7) and (b)(8).

Any action taken by such school board under subsection

(b)(7) or (b)(8) shall take into account the unique circumstances and structure of the Bureau of Indian Affairsfunded school system and the laws governing that system.

‘‘(B) BUREAU OPERATED SCHOOLS.—For schools operated

by the Bureau of Indian Affairs, the Bureau shall be

responsible for meeting the requirements of subsection (b)

relating to corrective action and restructuring as described

in subsection (b)(7) and (b)(8). Any action taken by the

Bureau under subsection (b)(7) or (b)(8) shall take into

account the unique circumstances and structure of the

Bureau of Indian Affairs-funded school system and the

laws governing that system.

‘‘(5) ANNUAL REPORT.—On an annual basis, the Secretary

of the Interior shall report to the Secretary of Education and

to the appropriate committees of Congress regarding any

schools funded by the Bureau of Indian Affairs which have

been identified for school improvement. Such report shall

include—

‘‘(A) the identity of each school;

‘‘(B) a statement from each affected school board

regarding the factors that lead to such identification; and

‘‘(C) an analysis by the Secretary of the Interior, in

consultation with the Secretary if the Secretary of Interior

requests the consultation, as to whether sufficient resources

were available to enable such school to achieve adequate

yearly progress.

‘‘(h) OTHER AGENCIES.—After receiving the notice described

in subsection (b)(14)(D), the Secretary may notify, to the extent

115 STAT. 1498 PUBLIC LAW 107–110—JAN. 8, 2002

feasible and necessary as determined by the Secretary, other relevant Federal agencies regarding the major factors that were determined by the State educational agency to have significantly affected

student academic achievement.

‘‘SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

‘‘(a) SYSTEM FOR SUPPORT.— ‘‘(1) IN GENERAL.—Each State shall establish a statewide

system of intensive and sustained support and improvement

for local educational agencies and schools receiving funds under

this part, in order to increase the opportunity for all students

served by those agencies and schools to meet the State’s academic content standards and student academic achievement

standards. ‘‘(2) PRIORITIES.—In carrying out this subsection, a State

shall— ‘‘(A) first, provide support and assistance to local educational agencies with schools subject to corrective action

under section 1116 and assist those schools, in accordance

with section 1116(b)(11), for which a local educational

agency has failed to carry out its responsibilities under

paragraphs (7) and (8) of section 1116(b); ‘‘(B) second, provide support and assistance to other

local educational agencies with schools identified as in

need of improvement under section 1116(b); and ‘‘(C) third, provide support and assistance to other

local educational agencies and schools participating under

this part that need that support and assistance in order

to achieve the purpose of this part.

‘‘(3) REGIONAL CENTERS.—Such a statewide system shall,

to the extent practicable, work with and receive support and

assistance from the comprehensive regional technical assistance

centers and the regional educational laboratories under section

941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994, or other providers of technical assistance.

‘‘(4) STATEWIDE SYSTEM.—

‘‘(A) In order to achieve the purpose described in paragraph (1), the statewide system shall include, at a minimum, the following approaches:

‘‘(i) Establishing school support teams in accordance with subparagraph (C) for assignment to, and

working in, schools in the State that are described

in paragraph (2).

‘‘(ii) Providing such support as the State educational agency determines necessary and available

in order to ensure the effectiveness of such teams.

‘‘(iii) Designating and using distinguished teachers

and principals who are chosen from schools served

under this part that have been especially successful

in improving academic achievement.

‘‘(iv) Devising additional approaches to providing

the assistance described in paragraph (1), such as providing assistance through institutions of higher education and educational service agencies or other local

consortia, and private providers of scientifically based

technical assistance.

20 USC 6317.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1499

‘‘(B) PRIORITY.—The State educational agency shall

give priority to the approach described in clause (i) of

subparagraph (A).

‘‘(5) SCHOOL SUPPORT TEAMS.—

‘‘(A) COMPOSITION.—Each school support team established under this section shall be composed of persons

knowledgeable about scientifically based research and practice on teaching and learning and about successful

schoolwide projects, school reform, and improving educational opportunities for low-achieving students,

including—

‘‘(i) highly qualified or distinguished teachers and

principals;

‘‘(ii) pupil services personnel;

‘‘(iii) parents;

‘‘(iv) representatives of institutions of higher education;

‘‘(v) representatives of regional educational laboratories or comprehensive regional technical assistance

centers;

‘‘(vi) representatives of outside consultant groups;

or

‘‘(vii) other individuals as the State educational

agency, in consultation with the local educational

agency, may determine appropriate.

‘‘(B) FUNCTIONS.—Each school support team assigned

to a school under this section shall—

‘‘(i) review and analyze all facets of the school’s

operation, including the design and operation of the

instructional program, and assist the school in developing recommendations for improving student performance in that school;

‘‘(ii) collaborate with parents and school staff and

the local educational agency serving the school in the

design, implementation, and monitoring of a plan that,

if fully implemented, can reasonably be expected to

improve student performance and help the school meet

its goals for improvement, including adequate yearly

progress under section 1111(b)(2)(B);

‘‘(iii) evaluate, at least semiannually, the effectiveness of school personnel assigned to the school,

including identifying outstanding teachers and principals, and make findings and recommendations to the

school, the local educational agency, and, where appropriate, the State educational agency; and

‘‘(iv) make additional recommendations as the

school implements the plan described in clause (ii)

to the local educational agency and the State educational agency concerning additional assistance that

is needed by the school or the school support team.

‘‘(C) CONTINUATION OF ASSISTANCE.—After one school

year, from the beginning of the activities, such school support team, in consultation with the local educational

agency, may recommend that the school support team continue to provide assistance to the school, or that the local

educational agency or the State educational agency, as

115 STAT. 1500 PUBLIC LAW 107–110—JAN. 8, 2002

appropriate, take alternative actions with regard to the

school.

‘‘(b) STATE RECOGNITION.—

‘‘(1) ACADEMIC ACHIEVEMENT AWARDS PROGRAM.—

‘‘(A) IN GENERAL.—Each State receiving a grant under

this part—

‘‘(i) shall establish a program for making academic

achievement awards to recognize schools that meet

the criteria described in subparagraph (B); and

‘‘(ii) as appropriate and as funds are available

under subsection (c)(2)(A), may financially reward

schools served under this part that meet the criteria

described in clause (ii).

‘‘(B) CRITERIA.—The criteria referred to in subparagraph (A) are that a school—

‘‘(i) significantly closed the achievement gap

between the groups of students described in section

1111(b)(2); or

‘‘(ii) exceeded their adequate yearly progress, consistent with section 1111(b)(2), for 2 or more consecutive years.

‘‘(2) DISTINGUISHED SCHOOLS.—Of those schools meeting

the criteria described in paragraph (2), each State shall designate as distinguished schools those schools that have made

the greatest gains in closing the achievement gap as described

in subparagraph (B)(i) or exceeding adequate yearly progress

as described in subparagraph (B)(ii). Such distinguished schools

may serve as models for and provide support to other schools,

especially schools identified for improvement under section

1116, to assist such schools in meeting the State’s academic

content standards and student academic achievement standards.

‘‘(3) AWARDS TO TEACHERS.—A State program under paragraph (1) may also recognize and provide financial awards

to teachers teaching in a school described in such paragraph

that consistently makes significant gains in academic achievement in the areas in which the teacher provides instruction,

or to teachers or principals designated as distinguished under

subsection (a)(4)(A)(iii).

‘‘(c) FUNDING.—

‘‘(1) IN GENERAL.—Each State—

‘‘(A) shall use funds reserved under section 1003(a)

and may use funds made available under section 1003(g)

for the approaches described under subsection (a)(4)(A);

and

‘‘(B) shall use State administrative funds authorized

under section 1004(a) to establish the statewide system

of support described under subsection (a).

‘‘(2) RESERVATIONS OF FUNDS BY STATE.—

‘‘(A) AWARDS PROGRAM.—For the purpose of carrying

out subsection (b)(1), each State receiving a grant under

this part may reserve, from the amount (if any) by which

the funds received by the State under subpart 2 for a

fiscal year exceed the amount received by the State under

that subpart for the preceding fiscal year, not more than

5 percent of such excess amount.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1501

‘‘(B) TEACHER AWARDS.—For the purpose of carrying

out subsection (b)(3), a State educational agency may

reserve such funds as necessary from funds made available

under section 2113.

‘‘(3) USE WITHIN 3 YEARS.—Notwithstanding any other

provision of law, the amount reserved under subparagraph

(A) by a State for each fiscal year shall remain available to

the State until expended for a period not exceeding 3 years

receipt of funds. ‘‘(4) SPECIAL ALLOCATION RULE FOR SCHOOLS IN HIGH-POV- ERTY AREAS.— ‘‘(A) IN GENERAL.—Each State shall distribute not less

than 75 percent of any amount reserved under paragraph

(2)(A) for each fiscal year to schools described in subparagraph (B), or to teachers in those schools consistent with

subsection (b)(3). ‘‘(B) SCHOOL DESCRIBED.—A school described in

subparagraph (A) is a school whose student population

is in the highest quartile of schools statewide in terms

of the percentage of children from low income families.

‘‘SEC. 1118. PARENTAL INVOLVEMENT.

‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.—

‘‘(1) IN GENERAL.—A local educational agency may receive

funds under this part only if such agency implements programs,

activities, and procedures for the involvement of parents in

programs assisted under this part consistent with this section.

Such programs, activities, and procedures shall be planned

and implemented with meaningful consultation with parents

of participating children.

‘‘(2) WRITTEN POLICY.—Each local educational agency that

receives funds under this part shall develop jointly with, agree

on with, and distribute to, parents of participating children

a written parent involvement policy. The policy shall be incorporated into the local educational agency’s plan developed under

section 1112, establish the agency’s expectations for parent

involvement, and describe how the agency will—

‘‘(A) involve parents in the joint development of the

plan under section 1112, and the process of school review

and improvement under section 1116;

‘‘(B) provide the coordination, technical assistance, and

other support necessary to assist participating schools in

planning and implementing effective parent involvement

activities to improve student academic achievement and

school performance;

‘‘(C) build the schools’ and parents’ capacity for strong

parental involvement as described in subsection (e);

‘‘(D) coordinate and integrate parental involvement

strategies under this part with parental involvement strategies under other programs, such as the Head Start program, Reading First program, Early Reading First program, Even Start program, Parents as Teachers program,

and Home Instruction Program for Preschool Youngsters,

and State-run preschool programs;

‘‘(E) conduct, with the involvement of parents, an

annual evaluation of the content and effectiveness of the

parental involvement policy in improving the academic

20 USC 6318.

115 STAT. 1502 PUBLIC LAW 107–110—JAN. 8, 2002

quality of the schools served under this part, including

identifying barriers to greater participation by parents in

activities authorized by this section (with particular attention to parents who are economically disadvantaged, are

disabled, have limited English proficiency, have limited

literacy, or are of any racial or ethnic minority background),

and use the findings of such evaluation to design strategies

for more effective parental involvement, and to revise, if

necessary, the parental involvement policies described in

this section; and

‘‘(F) involve parents in the activities of the schools

served under this part.

‘‘(3) RESERVATION.— ‘‘(A) IN GENERAL.—Each local educational agency shall

reserve not less than 1 percent of such agency’s allocation

under subpart 2 of this part to carry out this section,

including promoting family literacy and parenting skills,

except that this paragraph shall not apply if 1 percent

of such agency’s allocation under subpart 2 of this part

for the fiscal year for which the determination is made

is $5,000 or less. ‘‘(B) PARENTAL INPUT.—Parents of children receiving

services under this part shall be involved in the decisions

regarding how funds reserved under subparagraph (A) are

allotted for parental involvement activities.

‘‘(C) DISTRIBUTION OF FUNDS.—Not less than 95 percent

of the funds reserved under subparagraph (A) shall be

distributed to schools served under this part.

‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.—

‘‘(1) IN GENERAL.—Each school served under this part shall

jointly develop with, and distribute to, parents of participating

children a written parental involvement policy, agreed on by

such parents, that shall describe the means for carrying out

the requirements of subsections (c) through (f). Parents shall

be notified of the policy in an understandable and uniform

format and, to the extent practicable, provided in a language

the parents can understand. Such policy shall be made available

to the local community and updated periodically to meet the

changing needs of parents and the school.

‘‘(2) SPECIAL RULE.—If the school has a parental involvement policy that applies to all parents, such school may amend

that policy, if necessary, to meet the requirements of this subsection.

‘‘(3) AMENDMENT.—If the local educational agency involved

has a school district-level parental involvement policy that

applies to all parents, such agency may amend that policy,

if necessary, to meet the requirements of this subsection.

‘‘(4) PARENTAL COMMENTS.—If the plan under section 1112

is not satisfactory to the parents of participating children,

the local educational agency shall submit any parent comments

with such plan when such local educational agency submits

the plan to the State.

‘‘(c) POLICY INVOLVEMENT.—Each school served under this part

shall—

‘‘(1) convene an annual meeting, at a convenient time,

to which all parents of participating children shall be invited

and encouraged to attend, to inform parents of their school’s

Public

information.

Notification.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1503

participation under this part and to explain the requirements

of this part, and the right of the parents to be involved;

‘‘(2) offer a flexible number of meetings, such as meetings

in the morning or evening, and may provide, with funds provided under this part, transportation, child care, or home visits,

as such services relate to parental involvement;

‘‘(3) involve parents, in an organized, ongoing, and timely

way, in the planning, review, and improvement of programs

under this part, including the planning, review, and improvement of the school parental involvement policy and the joint

development of the schoolwide program plan under section

1114(b)(2), except that if a school has in place a process for

involving parents in the joint planning and design of the school’s

programs, the school may use that process, if such process

includes an adequate representation of parents of participating

children;

‘‘(4) provide parents of participating children—

‘‘(A) timely information about programs under this

part;

‘‘(B) a description and explanation of the curriculum

in use at the school, the forms of academic assessment

used to measure student progress, and the proficiency

levels students are expected to meet; and

‘‘(C) if requested by parents, opportunities for regular

meetings to formulate suggestions and to participate, as

appropriate, in decisions relating to the education of their

children, and respond to any such suggestions as soon

as practicably possible; and

‘‘(5) if the schoolwide program plan under section 1114(b)(2)

is not satisfactory to the parents of participating children,

submit any parent comments on the plan when the school

makes the plan available to the local educational agency.

‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT ACADEMIC

ACHIEVEMENT.—As a component of the school-level parental involvement policy developed under subsection (b), each school served

under this part shall jointly develop with parents for all children

served under this part a school-parent compact that outlines how

parents, the entire school staff, and students will share the responsibility for improved student academic achievement and the means

by which the school and parents will build and develop a partnership to help children achieve the State’s high standards. Such

compact shall—

‘‘(1) describe the school’s responsibility to provide highquality curriculum and instruction in a supportive and effective

learning environment that enables the children served under

this part to meet the State’s student academic achievement

standards, and the ways in which each parent will be responsible for supporting their children’s learning, such as monitoring

attendance, homework completion, and television watching; volunteering in their child’s classroom; and participating, as appropriate, in decisions relating to the education of their children

and positive use of extracurricular time; and

‘‘(2) address the importance of communication between

teachers and parents on an ongoing basis through, at a

minimum—

115 STAT. 1504 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) parent-teacher conferences in elementary schools,

at least annually, during which the compact shall be discussed as the compact relates to the individual child’s

achievement;

‘‘(B) frequent reports to parents on their children’s

progress; and

‘‘(C) reasonable access to staff, opportunities to volunteer and participate in their child’s class, and observation

of classroom activities.

‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To ensure effective

involvement of parents and to support a partnership among the

school involved, parents, and the community to improve student

academic achievement, each school and local educational agency

assisted under this part—

‘‘(1) shall provide assistance to parents of children served

by the school or local educational agency, as appropriate, in

understanding such topics as the State’s academic content

standards and State student academic achievement standards,

State and local academic assessments, the requirements of

this part, and how to monitor a child’s progress and work

with educators to improve the achievement of their children;

‘‘(2) shall provide materials and training to help parents

to work with their children to improve their children’s achievement, such as literacy training and using technology, as appropriate, to foster parental involvement;

‘‘(3) shall educate teachers, pupil services personnel, principals, and other staff, with the assistance of parents, in the

value and utility of contributions of parents, and in how to

reach out to, communicate with, and work with parents as

equal partners, implement and coordinate parent programs,

and build ties between parents and the school;

‘‘(4) shall, to the extent feasible and appropriate, coordinate

and integrate parent involvement programs and activities with

Head Start, Reading First, Early Reading First, Even Start,

the Home Instruction Programs for Preschool Youngsters, the

Parents as Teachers Program, and public preschool and other

programs, and conduct other activities, such as parent resource

centers, that encourage and support parents in more fully

participating in the education of their children;

‘‘(5) shall ensure that information related to school and

parent programs, meetings, and other activities is sent to the

parents of participating children in a format and, to the extent

practicable, in a language the parents can understand;

‘‘(6) may involve parents in the development of training

for teachers, principals, and other educators to improve the

effectiveness of such training;

‘‘(7) may provide necessary literacy training from funds

received under this part if the local educational agency has

exhausted all other reasonably available sources of funding

for such training;

‘‘(8) may pay reasonable and necessary expenses associated

with local parental involvement activities, including transportation and child care costs, to enable parents to participate

in school-related meetings and training sessions;

‘‘(9) may train parents to enhance the involvement of other

parents;

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1505

‘‘(10) may arrange school meetings at a variety of times,

or conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school,

in order to maximize parental involvement and participation;

‘‘(11) may adopt and implement model approaches to

improving parental involvement;

‘‘(12) may establish a districtwide parent advisory council

to provide advice on all matters related to parental involvement

in programs supported under this section;

‘‘(13) may develop appropriate roles for community-based

organizations and businesses in parent involvement activities;

and

‘‘(14) shall provide such other reasonable support for

parental involvement activities under this section as parents

may request.

‘‘(f) ACCESSIBILITY.—In carrying out the parental involvement

requirements of this part, local educational agencies and schools,

to the extent practicable, shall provide full opportunities for the

participation of parents with limited English proficiency, parents

with disabilities, and parents of migratory children, including providing information and school reports required under section 1111

in a format and, to the extent practicable, in a language such

parents understand.

‘‘(g) INFORMATION FROM PARENTAL INFORMATION AND RESOURCE

CENTERS.—In a State where a parental information and resource

center is established to provide training, information, and support

to parents and individuals who work with local parents, local educational agencies, and schools receiving assistance under this part,

each local educational agency or school that receives assistance

under this part and is located in the State shall assist parents

and parental organizations by informing such parents and organizations of the existence and purpose of such centers.

‘‘(h) REVIEW.—The State educational agency shall review the

local educational agency’s parental involvement policies and practices to determine if the policies and practices meet the requirements of this section.

‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

‘‘(a) TEACHER QUALIFICATIONS AND MEASURABLE OBJECTIVES.—

‘‘(1) IN GENERAL.—Beginning with the first day of the first

school year after the date of enactment of the No Child Left

Behind Act of 2001, each local educational agency receiving

assistance under this part shall ensure that all teachers hired

after such day and teaching in a program supported with

funds under this part are highly qualified.

‘‘(2) STATE PLAN.—As part of the plan described in section

1111, each State educational agency receiving assistance under

this part shall develop a plan to ensure that all teachers

teaching in core academic subjects within the State are highly

qualified not later than the end of the 2005–2006 school year.

Such plan shall establish annual measurable objectives for

each local educational agency and school that, at a minimum—

‘‘(A) shall include an annual increase in the percentage

of highly qualified teachers at each local educational agency

and school, to ensure that all teachers teaching in core

Deadline.

20 USC 6319.

115 STAT. 1506 PUBLIC LAW 107–110—JAN. 8, 2002

academic subjects in each public elementary school and

secondary school are highly qualified not later than the

end of the 2005–2006 school year;

‘‘(B) shall include an annual increase in the percentage

of teachers who are receiving high-quality professional

development to enable such teachers to become highly

qualified and successful classroom teachers; and

‘‘(C) may include such other measures as the State

educational agency determines to be appropriate to increase

teacher qualifications.

‘‘(3) LOCAL PLAN.—As part of the plan described in section

1112, each local educational agency receiving assistance under

this part shall develop a plan to ensure that all teachers

teaching within the school district served by the local educational agency are highly qualified not later than the end

of the 2005–2006 school year.

‘‘(b) REPORTS.—

‘‘(1) ANNUAL STATE AND LOCAL REPORTS.—

‘‘(A) LOCAL REPORTS.—Each State educational agency

described in subsection (a)(2) shall require each local educational agency receiving funds under this part to publicly

report, each year, beginning with the 2002–2003 school

year, the annual progress of the local educational agency

as a whole and of each of the schools served by the agency,

in meeting the measurable objectives described in subsection (a)(2).

‘‘(B) STATE REPORTS.—Each State educational agency

receiving assistance under this part shall prepare and

submit each year, beginning with the 2002–2003 school

year, a report to the Secretary, describing the State educational agency’s progress in meeting the measurable objectives described in subsection (a)(2).

‘‘(C) INFORMATION FROM OTHER REPORTS.—A State educational agency or local educational agency may submit

information from the reports described in section 1111(h)

for the purposes of this subsection, if such report is modified, as may be necessary, to contain the information

required by this subsection, and may submit such information as a part of the reports required under section 1111(h).

‘‘(2) ANNUAL REPORTS BY THE SECRETARY.—Each year,

beginning with the 2002–2003 school year, the Secretary shall

publicly report the annual progress of State educational agencies, local educational agencies, and schools, in meeting the

measurable objectives described in subsection (a)(2).

‘‘(c) NEW PARAPROFESSIONALS.—

‘‘(1) IN GENERAL.—Each local educational agency receiving

assistance under this part shall ensure that all paraprofessionals hired after the date of enactment of the No Child

Left Behind Act of 2001 and working in a program supported

with funds under this part shall have—

‘‘(A) completed at least 2 years of study at an institution of higher education;

‘‘(B) obtained an associate’s (or higher) degree; or

‘‘(C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic

assessment—

Deadlines.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1507

‘‘(i) knowledge of, and the ability to assist in

instructing, reading, writing, and mathematics; or ‘‘(ii) knowledge of, and the ability to assist in

instructing, reading readiness, writing readiness, and

mathematics readiness, as appropriate.

‘‘(2) CLARIFICATION.—The receipt of a secondary school

diploma (or its recognized equivalent) shall be necessary but

not sufficient to satisfy the requirements of paragraph (1)(C).

‘‘(d) EXISTING PARAPROFESSIONALS.—Each local educational

agency receiving assistance under this part shall ensure that all

paraprofessionals hired before the date of enactment of the No

Child Left Behind Act of 2001, and working in a program supported

with funds under this part shall, not later than 4 years after

the date of enactment satisfy the requirements of subsection (c). ‘‘(e) EXCEPTIONS FOR TRANSLATION AND PARENTAL INVOLVE- MENT ACTIVITIES.—Subsections (c) and (d) shall not apply to a

paraprofessional— ‘‘(1) who is proficient in English and a language other

than English and who provides services primarily to enhance

the participation of children in programs under this part by

acting as a translator; or ‘‘(2) whose duties consist solely of conducting parental

involvement activities consistent with section 1118.

‘‘(f) GENERAL REQUIREMENT FOR ALL PARAPROFESSIONALS.—

Each local educational agency receiving assistance under this part

shall ensure that all paraprofessionals working in a program supported with funds under this part, regardless of the paraprofessionals’ hiring date, have earned a secondary school diploma or

its recognized equivalent.

‘‘(g) DUTIES OF PARAPROFESSIONALS.—

‘‘(1) IN GENERAL.—Each local educational agency receiving

assistance under this part shall ensure that a paraprofessional

working in a program supported with funds under this part

is not assigned a duty inconsistent with this subsection.

‘‘(2) RESPONSIBILITIES PARAPROFESSIONALS MAY BE

ASSIGNED.—A paraprofessional described in paragraph (1) may

be assigned—

‘‘(A) to provide one-on-one tutoring for eligible students,

if the tutoring is scheduled at a time when a student

would not otherwise receive instruction from a teacher;

‘‘(B) to assist with classroom management, such as

organizing instructional and other materials;

‘‘(C) to provide assistance in a computer laboratory;

‘‘(D) to conduct parental involvement activities;

‘‘(E) to provide support in a library or media center;

‘‘(F) to act as a translator; or

‘‘(G) to provide instructional services to students in

accordance with paragraph (3).

‘‘(3) ADDITIONAL LIMITATIONS.—A paraprofessional

described in paragraph (1)—

‘‘(A) may not provide any instructional service to a

student unless the paraprofessional is working under the

direct supervision of a teacher consistent with section 1119;

and

‘‘(B) may assume limited duties that are assigned to

similar personnel who are not working in a program supported with funds under this part, including duties beyond

Deadline.

115 STAT. 1508 PUBLIC LAW 107–110—JAN. 8, 2002

classroom instruction or that do not benefit participating

children, so long as the amount of time spent on such

duties is the same proportion of total work time as prevails

with respect to similar personnel at the same school.

‘‘(h) USE OF FUNDS.—A local educational agency receiving funds

under this part may use such funds to support ongoing training

and professional development to assist teachers and paraprofessionals in satisfying the requirements of this section.

‘‘(i) VERIFICATION OF COMPLIANCE.—

‘‘(1) IN GENERAL.—In verifying compliance with this section,

each local educational agency, at a minimum, shall require

that the principal of each school operating a program under

section 1114 or 1115 attest annually in writing as to whether

such school is in compliance with the requirements of this

section.

‘‘(2) AVAILABILITY OF INFORMATION.—Copies of attestations

under paragraph (1)—

‘‘(A) shall be maintained at each school operating a

program under section 1114 or 1115 and at the main office

of the local educational agency; and

‘‘(B) shall be available to any member of the general

public on request.

‘‘(j) COMBINATIONS OF FUNDS.—Funds provided under this part

that are used for professional development purposes may be combined with funds provided under title II of this Act, other Acts,

and other sources.

‘‘(k) SPECIAL RULE.—Except as provided in subsection (l), no

State educational agency shall require a school or a local educational

agency to expend a specific amount of funds for professional development activities under this part, except that this paragraph shall

not apply with respect to requirements under section 1116(c)(3).

‘‘(l) MINIMUM EXPENDITURES.—Each local educational agency

that receives funds under this part shall use not less than 5 percent,

or more than 10 percent, of such funds for each of fiscal years

2002 and 2003, and not less than 5 percent of the funds for each

subsequent fiscal year, for professional development activities to

ensure that teachers who are not highly qualified become highly

qualified not later than the end of the 2005–2006 school year.

‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE

SCHOOLS.

‘‘(a) GENERAL REQUIREMENT.—

‘‘(1) IN GENERAL.—To the extent consistent with the number

of eligible children identified under section 1115(b) in the school

district served by a local educational agency who are enrolled

in private elementary schools and secondary schools, a local

educational agency shall, after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis, special educational services or

other benefits under this part (such as dual enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and

equipment) that address their needs, and shall ensure that

teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to

sections 1118 and 1119.

20 USC 6320.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1509

‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—Such educational services or other benefits, including materials and

equipment, shall be secular, neutral, and nonideological. ‘‘(3) EQUITY.—Educational services and other benefits for

such private school children shall be equitable in comparison

to services and other benefits for public school children participating under this part, and shall be provided in a timely

manner. ‘‘(4) EXPENDITURES.—Expenditures for educational services

and other benefits to eligible private school children shall be

equal to the proportion of funds allocated to participating school

attendance areas based on the number of children from lowincome families who attend private schools, which the local

educational agency may determine each year or every 2 years. ‘‘(5) PROVISION OF SERVICES.—The local educational agency

may provide services under this section directly or through

contracts with public and private agencies, organizations, and

institutions.

‘‘(b) CONSULTATION.—

‘‘(1) IN GENERAL.—To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development of such agency’s programs under this part, on issues

such as—

‘‘(A) how the children’s needs will be identified;

‘‘(B) what services will be offered;

‘‘(C) how, where, and by whom the services will be

provided;

‘‘(D) how the services will be academically assessed

and how the results of that assessment will be used to

improve those services;

‘‘(E) the size and scope of the equitable services to

be provided to the eligible private school children, and

the proportion of funds that is allocated under subsection

(a)(4) for such services; ‘‘(F) the method or sources of data that are used under

subsection (c) and section 1113(c)(1) to determine the

number of children from low-income families in participating school attendance areas who attend private schools;

‘‘(G) how and when the agency will make decisions

about the delivery of services to such children, including

a thorough consideration and analysis of the views of the

private school officials on the provision of services through

a contract with potential third-party providers; and

‘‘(H) how, if the agency disagrees with the views of

the private school officials on the provision of services

through a contract, the local educational agency will provide in writing to such private school officials an analysis

of the reasons why the local educational agency has chosen

not to use a contractor.

‘‘(2) TIMING.—Such consultation shall include meetings of

agency and private school officials and shall occur before the

local educational agency makes any decision that affects the

opportunities of eligible private school children to participate

in programs under this part. Such meetings shall continue

throughout implementation and assessment of services provided

under this section.

115 STAT. 1510 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(3) DISCUSSION.—Such consultation shall include a discussion of service delivery mechanisms a local educational agency

can use to provide equitable services to eligible private school

children.

‘‘(4) DOCUMENTATION.—Each local educational agency shall

maintain in the agency’s records and provide to the State

educational agency involved a written affirmation signed by

officials of each participating private school that the consultation required by this section has occurred. If such officials

do not provide such affirmation within a reasonable period

of time, the local educational agency shall forward the documentation that such consultation has taken place to the State

educational agency. ‘‘(5) COMPLIANCE.— ‘‘(A) IN GENERAL.—A private school official shall have

the right to complain to the State educational agency that

the local educational agency did not engage in consultation

that was meaningful and timely, or did not give due consideration to the views of the private school official. ‘‘(B) PROCEDURE.—If the private school official wishes

to complain, the official shall provide the basis of the

noncompliance with this section by the local educational

agency to the State educational agency, and the local educational agency shall forward the appropriate documentation to the State educational agency.

‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL

STUDENTS.—

‘‘(1) CALCULATION.—A local educational agency shall have

the final authority, consistent with this section, to calculate

the number of children, ages 5 through 17, who are from

low-income families and attend private schools by—

‘‘(A) using the same measure of low income used to

count public school children;

‘‘(B) using the results of a survey that, to the extent

possible, protects the identity of families of private school

students, and allowing such survey results to be extrapolated if complete actual data are unavailable;

‘‘(C) applying the low-income percentage of each participating public school attendance area, determined pursuant

to this section, to the number of private school children

who reside in that school attendance area; or

‘‘(D) using an equated measure of low income correlated

with the measure of low income used to count public school

children.

‘‘(2) COMPLAINT PROCESS.—Any dispute regarding lowincome data for private school students shall be subject to

the complaint process authorized in section 9505.

‘‘(d) PUBLIC CONTROL OF FUNDS.—

‘‘(1) IN GENERAL.—The control of funds provided under

this part, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a

public agency shall administer such funds, materials, equipment, and property.

‘‘(2) PROVISION OF SERVICES.—

‘‘(A) PROVIDER.—The provision of services under this

section shall be provided— ‘‘(i) by employees of a public agency; or

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1511

‘‘(ii) through contract by such public agency with

an individual, association, agency, or organization.

‘‘(B) REQUIREMENT.—In the provision of such services,

such employee, individual, association, agency, or organization shall be independent of such private school and of

any religious organization, and such employment or contract shall be under the control and supervision of such

public agency. ‘‘(e) STANDARDS FOR A BYPASS.—If a local educational agency

is prohibited by law from providing for the participation in programs

on an equitable basis of eligible children enrolled in private

elementary schools and secondary schools, or if the Secretary determines that a local educational agency has substantially failed or

is unwilling, to provide for such participation, as required by this

section, the Secretary shall— ‘‘(1) waive the requirements of this section for such local

educational agency; ‘‘(2) arrange for the provision of services to such children

through arrangements that shall be subject to the requirements

of this section and sections 9503 and 9504; and ‘‘(3) in making the determination under this subsection,

consider one or more factors, including the quality, size, scope,

and location of the program and the opportunity of eligible

children to participate.

‘‘SEC. 1120A. FISCAL REQUIREMENTS.

‘‘(a) MAINTENANCE OF EFFORT.—A local educational agency may

receive funds under this part for any fiscal year only if the State

educational agency involved finds that the local educational agency

has maintained the agency’s fiscal effort in accordance with section

9521.

‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NONFEDERAL FUNDS.—

‘‘(1) IN GENERAL.—A State educational agency or local educational agency shall use Federal funds received under this

part only to supplement the funds that would, in the absence

of such Federal funds, be made available from non-Federal

sources for the education of pupils participating in programs

assisted under this part, and not to supplant such funds.

‘‘(2) SPECIAL RULE.—No local educational agency shall be

required to provide services under this part through a particular

instructional method or in a particular instructional setting

in order to demonstrate such agency’s compliance with paragraph (1).

‘‘(c) COMPARABILITY OF SERVICES.—

‘‘(1) IN GENERAL.—

‘‘(A) COMPARABLE SERVICES.—Except as provided in

paragraphs (4) and (5), a local educational agency may

receive funds under this part only if State and local funds

will be used in schools served under this part to provide

services that, taken as a whole, are at least comparable

to services in schools that are not receiving funds under

this part.

‘‘(B) SUBSTANTIALLY COMPARABLE SERVICES.—If the

local educational agency is serving all of such agency’s

schools under this part, such agency may receive funds

under this part only if such agency will use State and

20 USC 6321.

115 STAT. 1512 PUBLIC LAW 107–110—JAN. 8, 2002

local funds to provide services that, taken as a whole,

are substantially comparable in each school. ‘‘(C) BASIS.—A local educational agency may meet the

requirements of subparagraphs (A) and (B) on a gradespan by grade-span basis or a school-by-school basis.

‘‘(2) WRITTEN ASSURANCE.— ‘‘(A) EQUIVALENCE.—A local educational agency shall

be considered to have met the requirements of paragraph

(1) if such agency has filed with the State educational

agency a written assurance that such agency has established and implemented— ‘‘(i) a local educational agency-wide salary

schedule; ‘‘(ii) a policy to ensure equivalence among schools

in teachers, administrators, and other staff; and ‘‘(iii) a policy to ensure equivalence among schools

in the provision of curriculum materials and instructional supplies.

‘‘(B) DETERMINATIONS.—For the purpose of this subsection, in the determination of expenditures per pupil

from State and local funds, or instructional salaries per

pupil from State and local funds, staff salary differentials

for years of employment shall not be included in such

determinations.

‘‘(C) EXCLUSIONS.—A local educational agency need not

include unpredictable changes in student enrollment or

personnel assignments that occur after the beginning of

a school year in determining comparability of services

under this subsection.

‘‘(3) PROCEDURES AND RECORDS.—Each local educational

agency assisted under this part shall—

‘‘(A) develop procedures for compliance with this subsection; and

‘‘(B) maintain records that are updated biennially documenting such agency’s compliance with this subsection. ‘‘(4) INAPPLICABILITY.—This subsection shall not apply to

a local educational agency that does not have more than one

building for each grade span.

‘‘(5) COMPLIANCE.—For the purpose of determining compliance with paragraph (1), a local educational agency may exclude

State and local funds expended for—

‘‘(A) language instruction educational programs; and

‘‘(B) the excess costs of providing services to children

with disabilities as determined by the local educational

agency.

‘‘(d) EXCLUSION OF FUNDS.—For the purpose of complying with

subsections (b) and (c), a State educational agency or local educational agency may exclude supplemental State or local funds

expended in any school attendance area or school for programs

that meet the intent and purposes of this part.

‘‘SEC. 1120B. COORDINATION REQUIREMENTS.

‘‘(a) IN GENERAL.—Each local educational agency receiving

assistance under this part shall carry out the activities described

in subsection (b) with Head Start agencies and, if feasible, other

entities carrying out early childhood development programs such

as the Early Reading First program.

20 USC 6322.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1513

‘‘(b) ACTIVITIES.—The activities referred to in subsection (a)

are activities that increase coordination between the local educational agency and a Head Start agency and, if feasible, other

entities carrying out early childhood development programs, such

as the Early Reading First program, serving children who will

attend the schools of the local educational agency, including—

‘‘(1) developing and implementing a systematic procedure

for receiving records regarding such children, transferred with

parental consent from a Head Start program or, where

applicable, another early childhood development program such

as the Early Reading First program;

‘‘(2) establishing channels of communication between school

staff and their counterparts (including teachers, social workers,

and health staff) in such Head Start agencies or other entities

carrying out early childhood development programs such as

the Early Reading First program, as appropriate, to facilitate

coordination of programs; ‘‘(3) conducting meetings involving parents, kindergarten

or elementary school teachers, and Head Start teachers or,

if appropriate, teachers from other early childhood development

programs such as the Early Reading First program, to discuss

the developmental and other needs of individual children; ‘‘(4) organizing and participating in joint transition-related

training of school staff, Head Start program staff, Early

Reading First program staff, and, where appropriate, other

early childhood development program staff; and ‘‘(5) linking the educational services provided by such local

educational agency with the services provided by local Head

Start agencies and entities carrying out Early Reading First

programs.

‘‘(c) COORDINATION OF REGULATIONS.—The Secretary shall work

with the Secretary of Health and Human Services to coordinate

regulations promulgated under this part with regulations promulgated under the Head Start Act.

‘‘Subpart 2—Allocations

‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY

OF THE INTERIOR.

‘‘(a) RESERVATION OF FUNDS.—From the amount appropriated

for payments to States for any fiscal year under section 1002(a)

and 1125A(f), the Secretary shall reserve a total of 1 percent to

provide assistance to—

‘‘(1) the outlying areas in the amount determined in accordance with subsection (b); and

‘‘(2) the Secretary of the Interior in the amount necessary

to make payments pursuant to subsection (d).

‘‘(b) ASSISTANCE TO OUTLYING AREAS.—

‘‘(1) FUNDS RESERVED.—From the amount made available

for any fiscal year under subsection (a), the Secretary shall

award grants to local educational agencies in the outlying areas.

‘‘(2) COMPETITIVE GRANTS.—Until each appropriate outlying

area enters into an agreement for extension of United States

educational assistance under the Compact of Free Association

after the date of enactment of the No Child Left Behind Act

of 2001, the Secretary shall carry out the competition described

20 USC 6331.

115 STAT. 1514 PUBLIC LAW 107–110—JAN. 8, 2002

in paragraph (3), except that the amount reserved to carry

out such competition shall not exceed $5,000,000.

‘‘(3) LIMITATION FOR COMPETITIVE GRANTS.—

‘‘(A) COMPETITIVE GRANTS.—The Secretary shall use

funds described in paragraph (2) to award grants to the

outlying areas and freely associated States to carry out

the purposes of this part.

‘‘(B) AWARD BASIS.—The Secretary shall award grants

under subparagraph (A) on a competitive basis, taking

into consideration the recommendations of the Pacific

Region Educational Laboratory in Honolulu, Hawaii.

‘‘(C) USES.—Except as provided in subparagraph (D),

grant funds awarded under this paragraph may be used

only—

‘‘(i) for programs described in this Act, including

teacher training, curriculum development, instructional materials, or general school improvement and

reform; and

‘‘(ii) to provide direct educational services that

assist all students with meeting challenging State academic content standards.

‘‘(D) ADMINISTRATIVE COSTS.—The Secretary may provide not more than 5 percent of the amount reserved for

grants under this paragraph to pay the administrative

costs of the Pacific Region Educational Laboratory under

subparagraph (B).

‘‘(4) SPECIAL RULE.—The provisions of Public Law 95–134,

permitting the consolidation of grants by the outlying areas,

shall not apply to funds provided to the freely associated States

under this section.

‘‘(c) DEFINITIONS.—For the purpose of subsections (a) and (b)—

‘‘(1) the term ‘freely associated states’ means the Republic

of the Marshall Islands, the Federated States of Micronesia,

and the Republic of Palau; and

‘‘(2) the term ‘outlying area’ means the United States Virgin

Islands, Guam, American Samoa, and the Commonwealth of

the Northern Mariana Islands.

‘‘(d) ALLOTMENT TO THE SECRETARY OF THE INTERIOR.—

‘‘(1) IN GENERAL.—The amount allotted for payments to

the Secretary of the Interior under subsection (a)(2) for any

fiscal year shall be, as determined pursuant to criteria established by the Secretary, the amount necessary to meet the

special educational needs of—

‘‘(A) Indian children on reservations served by

elementary schools and secondary schools for Indian children operated or supported by the Department of the

Interior; and

‘‘(B) out-of-State Indian children in elementary schools

and secondary schools in local educational agencies under

special contracts with the Department of the Interior.

‘‘(2) PAYMENTS.—From the amount allotted for payments

to the Secretary of the Interior under subsection (a)(2), the

Secretary of the Interior shall make payments to local educational agencies, on such terms as the Secretary determines

will best carry out the purposes of this part, with respect

to out-of-State Indian children described in paragraph (1). The

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1515

amount of such payment may not exceed, for each such child,

the greater of— ‘‘(A) 40 percent of the average per-pupil expenditure

in the State in which the agency is located; or

‘‘(B) 48 percent of such expenditure in the United

States.

‘‘SEC. 1122. ALLOCATIONS TO STATES.

‘‘(a) ALLOCATION FORMULA.—Of the amount appropriated under

section 1002(a) to carry out this part for each of fiscal years 2002– 2007 (referred to in this subsection as the current fiscal year)— ‘‘(1) an amount equal to the amount made available to

carry out section 1124 for fiscal year 2001 shall be allocated

in accordance with section 1124; ‘‘(2) an amount equal to the amount made available to

carry out section 1124A for fiscal year 2001 shall be allocated

in accordance with section 1124A; and ‘‘(3) an amount equal to 100 percent of the amount, if

any, by which the amount made available to carry out sections

1124, 1124A, and 1125 for the current fiscal year for which

the determination is made exceeds the amount available to

carry out sections 1124 and 1124A for fiscal year 2001 shall

be allocated in accordance with section 1125.

‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.—

‘‘(1) IN GENERAL.—If the sums available under this subpart

for any fiscal year are insufficient to pay the full amounts

that all local educational agencies in States are eligible to

receive under sections 1124, 1124A, and 1125 for such year,

the Secretary shall ratably reduce the allocations to such local

educational agencies, subject to subsections (c) and (d) of this

section.

‘‘(2) ADDITIONAL FUNDS.—If additional funds become available for making payments under sections 1124, 1124A, and

1125 for such fiscal year, allocations that were reduced under

paragraph (1) shall be increased on the same basis as they

were reduced.

‘‘(c) HOLD-HARMLESS AMOUNTS.—

‘‘(1) AMOUNTS FOR SECTIONS 1124, 1124A, AND 1125.—For

each fiscal year, the amount made available to each local educational agency under each of sections 1124, 1124A, and 1125

shall be—

‘‘(A) not less than 95 percent of the amount made

available for the preceding fiscal year if the number of

children counted for grants under section 1124 is not less

than 30 percent of the total number of children aged 5

to 17 years, inclusive, in the local educational agency;

‘‘(B) not less than 90 percent of the amount made

available for the preceding fiscal year if the percentage

described in subparagraph (A) is between 15 percent and

30 percent; and

‘‘(C) not less than 85 percent of the amount made

available for the preceding fiscal year if the percentage

described in subparagraph (A) is below 15 percent.

‘‘(2) PAYMENTS.—If sufficient funds are appropriated, the

amounts described in paragraph (1) shall be paid to all local

educational agencies that received grants under section 1124A

for the preceding fiscal year, regardless of whether the local

20 USC 6332.

115 STAT. 1516 PUBLIC LAW 107–110—JAN. 8, 2002

educational agency meets the minimum eligibility criteria for

that fiscal year described in section 1124A(a)(1)(A) except that

a local educational agency that does not meet such minimum

eligibility criteria for 4 consecutive years shall no longer be

eligible to receive a hold harmless amount referred to in paragraph (1).

‘‘(3) APPLICABILITY.—Notwithstanding any other provision

of law, the Secretary shall not take into consideration the

hold-harmless provisions of this subsection for any fiscal year

for purposes of calculating State or local allocations for the

fiscal year under any program administered by the Secretary

other than a program authorized under this part. ‘‘(4) POPULATION DATA.—For any fiscal year for which the

Secretary calculates grants on the basis of population data

for counties, the Secretary shall apply the hold-harmless

percentages in paragraphs (1) and (2) to counties and, if the

Secretary’s allocation for a county is not sufficient to meet

the hold-harmless requirements of this subsection for every

local educational agency within that county, the State educational agency shall reallocate funds proportionately from all

other local educational agencies in the State that are receiving

funds in excess of the hold-harmless amounts specified in this

subsection.

‘‘(d) RATABLE REDUCTIONS.—

‘‘(1) IN GENERAL.—If the sums made available under this

subpart for any fiscal year are insufficient to pay the full

amounts that local educational agencies in all States are eligible

to receive under subsection (c) for such year, the Secretary

shall ratably reduce such amounts for such year.

‘‘(2) ADDITIONAL FUNDS.—If additional funds become available for making payments under subsection (c) for such fiscal

year, amounts that were reduced under paragraph (1) shall

be increased on the same basis as such amounts were reduced.

‘‘(e) DEFINITION.—For the purpose of this section and sections

1124, 1124A, 1125, and 1125A, the term ‘State’ means each of

the 50 States, the District of Columbia, and the Commonwealth

of Puerto Rico.

‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) AMOUNT OF GRANTS.—

‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO

RICO.—Except as provided in paragraph (4) and in section 1126,

the grant that a local educational agency is eligible to receive

under this section for a fiscal year is the amount determined

by multiplying—

‘‘(A) the number of children counted under subsection

(c); and

‘‘(B) 40 percent of the average per-pupil expenditure

in the State, except that the amount determined under

this subparagraph shall not be less than 32 percent, or

more than 48 percent, of the average per-pupil expenditure

in the United States.

‘‘(2) CALCULATION OF GRANTS.—

‘‘(A) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—

The Secretary shall calculate grants under this section

on the basis of the number of children counted under

subsection (c) for local educational agencies, unless the

20 USC 6333.

Applicability.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1517

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 EDU- CATIONAL AGENCIES.— ‘‘(i) For any fiscal year to which this paragraph

applies, the Secretary shall calculate grants under this

section for each local educational agency. ‘‘(ii) The amount of a grant under this section

for each large local educational agency shall be the

amount determined under clause (i). ‘‘(iii) For small local educational agencies, the State

educational agency may either— ‘‘(I) distribute grants under this section in

amounts determined by the Secretary under clause

(i); or‘‘(II) use an alternative method approved by

the Secretary to distribute the portion of the

State’s total grants under this section that is based

on those small agencies.

‘‘(iv) An alternative method under clause (iii)(II)

shall be based on population data that the State educational agency determines best reflect the current distribution of children in poor families among the State’s

small local educational agencies that meet the eligibility criteria of subsection (b).

‘‘(v) If a small local educational agency is dissatisfied with the determination of its grant by the State

educational agency under clause (iii)(II), it may appeal

that determination to the Secretary, who shall respond

not later than 45 days after receipt of such appeal.

‘‘(vi) As used in this subparagraph—

‘‘(I) the term ‘large local educational agency’

means a local educational agency serving an area

with a total population of 20,000 or more; and

‘‘(II) the term ‘small local educational agency’

means a local educational agency serving an area

with a total population of less than 20,000.

‘‘(3) ALLOCATIONS TO COUNTIES.—

‘‘(A) CALCULATION.—For any fiscal year to which this

paragraph applies, the Secretary shall calculate grants

under this section on the basis of the number of children

counted under subsection (c) for counties, and State educational agencies shall suballocate county amounts to local

educational agencies, in accordance with regulations issued

by the Secretary.

‘‘(B) DIRECT ALLOCATIONS.—In any State in which a

large number of local educational agencies overlap county

boundaries, or for which the State believes it has data

that would better target funds than allocating them by

county, the State educational agency may apply to the

Secretary for authority to make the allocations under this

subpart for a particular fiscal year directly to local educational agencies without regard to counties.

Deadline.

Applicability.

Public

information.

115 STAT. 1518 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(C) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— If the Secretary approves the State educational agency’s

application under subparagraph (B), the State educational

agency shall provide the Secretary an assurance that such

allocations shall be made—

‘‘(i) using precisely the same factors for determining a grant as are used under this subpart; or

‘‘(ii) using data that the State educational agency

submits to the Secretary for approval that more

accurately target poverty.

‘‘(D) APPEAL.—The State educational agency shall provide the Secretary an assurance that it will establish a

procedure through which a local educational agency that

is dissatisfied with its determinations under subparagraph

(B) may appeal directly to the Secretary for a final determination.

‘‘(4) PUERTO RICO.—

‘‘(A) IN GENERAL.—For each fiscal year, the grant that

the Commonwealth of Puerto Rico shall be eligible to

receive under this section shall be the amount determined

by multiplying the number of children counted under subsection (c) for the Commonwealth of Puerto Rico by the

product of—

‘‘(i) subject to subparagraph (B), the percentage

that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average perpupil expenditure of any of the 50 States; and

‘‘(ii) 32 percent of the average per-pupil expenditure in the United States.

‘‘(B) MINIMUM PERCENTAGE.—The percentage in

subparagraph (A)(i) shall not be less than—

‘‘(i) for fiscal year 2002, 77.5 percent;

‘‘(ii) for fiscal year 2003, 80.0 percent;

‘‘(iii) for fiscal year 2004, 82.5 percent;

‘‘(iv) for fiscal year 2005, 85.0 percent;

‘‘(v) for fiscal year 2006, 92.5 percent; and

‘‘(vi) for fiscal year 2007 and succeeding fiscal

years, 100.0 percent.

‘‘(C) LIMITATION.—If the application of subparagraph

(B) would result in any of the 50 States or the District

of Columbia receiving less under this subpart than it

received under this subpart for the preceding fiscal year,

the percentage in subparagraph (A) shall be the greater

of—

‘‘(i) the percentage in subparagraph (A)(i);

‘‘(ii) the percentage specified in subparagraph (B)

for the preceding fiscal year; or

‘‘(iii) the percentage used for the preceding fiscal

year.

‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—A local

educational agency is eligible for a basic grant under this section

for any fiscal year only if the number of children counted under

subsection (c) for that agency is both—

‘‘(1) 10 or more; and

‘‘(2) more than 2 percent of the total school-age population

in the agency’s jurisdiction.

‘‘(c) CHILDREN TO BE COUNTED.—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1519

‘‘(1) CATEGORIES OF CHILDREN.—The number of children

to be counted for purposes of this section is the aggregate

of— ‘‘(A) the number of children aged 5 to 17, inclusive,

in the school district of the local educational agency from

families below the poverty level as determined under paragraph (2);

‘‘(B) the number of children (determined under paragraph (4) for either the preceding year as described in

that paragraph, or for the second preceding year, as the

Secretary finds appropriate) aged 5 to 17, inclusive, in

the school district of such agency in institutions for

neglected and delinquent children (other than such institutions operated by the United States), but not counted

pursuant to subpart 1 of part D for the purposes of a

grant to a State agency, or being supported in foster homes

with public funds; and

‘‘(C) the number of children aged 5 to 17, inclusive,

in the school district of such agency from families above

the poverty level as determined under paragraph (4).

‘‘(2) DETERMINATION OF NUMBER OF CHILDREN.—For the

purposes of this section, the Secretary shall determine the

number of children aged 5 to 17, inclusive, from families below

the poverty level on the basis of the most recent satisfactory

data, described in paragraph (3), available from the Department

of Commerce. The District of Columbia and the Commonwealth

of Puerto Rico shall be treated as individual local educational

agencies. If a local educational agency contains two or more

counties in their entirety, then each county will be treated

as if such county were a separate local educational agency

for purposes of calculating grants under this part. The total

of grants for such counties shall be allocated to such a local

educational agency, which local educational agency shall distribute to schools in each county within such agency a share

of the local educational agency’s total grant that is no less

than the county’s share of the population counts used to calculate the local educational agency’s grant.

‘‘(3) POPULATION UPDATES.—

‘‘(A) IN GENERAL.—In fiscal year 2002 and each subsequent fiscal year, the Secretary shall use updated data

on the number of children, aged 5 to 17, inclusive, from

families below the poverty level for counties or local educational agencies, published by the Department of Commerce, unless the Secretary and the Secretary of Commerce

determine that the use of the updated population data

would be inappropriate or unreliable. If appropriate and

reliable data are not available annually, the Secretary shall

use data which are updated every 2 years.

‘‘(B) INAPPROPRIATE OR UNRELIABLE DATA.—If the Secretary and the Secretary of Commerce determine that some

or all of the data referred to in subparagraph (A) are

inappropriate or unreliable, the Secretary and the Secretary of Commerce shall publicly disclose their reasons.

‘‘(C) CRITERIA OF POVERTY.—In determining the families that are below the poverty level, the Secretary shall

use the criteria of poverty used by the Bureau of the

Census in compiling the most recent decennial census,

Public

information.

115 STAT. 1520 PUBLIC LAW 107–110—JAN. 8, 2002

as the criteria have been updated by increases in the

Consumer Price Index for All Urban Consumers, published

by the Bureau of Labor Statistics.

‘‘(4) OTHER CHILDREN TO BE COUNTED.— ‘‘(A) For the purpose of this section, the Secretary

shall determine the number of children aged 5 to 17, inclusive, from families above the poverty level on the basis

of the number of such children from families receiving

an annual income, in excess of the current criteria of poverty, from payments under a State program funded under

part A of title IV of the Social Security Act; and in making

such determinations, the Secretary shall use the criteria

of poverty used by the Bureau of the Census in compiling

the most recent decennial census for a family of four in

such form as those criteria have been updated by increases

in the Consumer Price Index for All Urban Consumers,

published by the Bureau of Labor Statistics. ‘‘(B) The Secretary shall determine the number of such

children and the number of children aged 5 through 17

living in institutions for neglected or delinquent children,

or being supported in foster homes with public funds, on

the basis of the caseload data for the month of October

of the preceding fiscal year (using, in the case of children

described in the preceding sentence, the criteria of poverty

and the form of such criteria required by such sentence

which were determined for the calendar year preceding

such month of October) or, to the extent that such data

are not available to the Secretary before January of the

calendar year in which the Secretary’s determination is

made, then on the basis of the most recent reliable data

available to the Secretary at the time of such determination.

‘‘(C) Except for the data on children living in institutions for neglected or delinquent children, the Secretary

of Health and Human Services shall collect and transmit

the information required by this subparagraph to the Secretary not later than January 1 of each year.

‘‘(D) For the purpose of this section, the Secretary

shall consider all children who are in correctional institutions to be living in institutions for delinquent children.

‘‘(5) ESTIMATE.—When requested by the Secretary, the Secretary of Commerce shall make a special updated estimate

of the number of children of such ages who are from families

below the poverty level (as determined under paragraph (1)(A))

in each school district, and the Secretary is authorized to pay

(either in advance or by way of reimbursement) the Secretary

of Commerce the cost of making this special estimate. The

Secretary of Commerce shall give consideration to any request

of the chief executive of a State for the collection of additional

census information.

‘‘(d) STATE MINIMUM.—Notwithstanding section 1122, the

aggregate amount allotted for all local educational agencies within

a State may not be less than the lesser of—

‘‘(1) 0.25 percent of the total amount allocated to States

under this section for fiscal year 2001, plus 0.35 percent of

the total amount allocated to States under this section in excess

of the amount allocated for fiscal year 2001; or

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1521

‘‘(2) the average of—

‘‘(A) the amount calculated in paragraph (1), above;

and

‘‘(B) the number of children in such State counted

under subsection (c) in the fiscal year multiplied by 150

percent of the national average per-pupil payment made

with funds available under this section for that year.

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

AGENCIES.

‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—

‘‘(1) IN GENERAL.—(A) Except as otherwise provided in this

paragraph, each local educational agency which is eligible for

a grant under section 1124 for any fiscal year is eligible for

an additional grant under this section for that fiscal year if

the number of children counted under section 1124(c) in the

agency exceeds either—

‘‘(i) 6,500; or

‘‘(ii) 15 percent of the total number of children aged

5 through 17 in the agency.

‘‘(B) Notwithstanding section 1122, no State shall receive

less than the lesser of—

‘‘(i) 0.25 percent of the total amount allocated to States

under this section for fiscal year 2001, plus 0.35 percent

of the total amount allocated to States under this section

in excess of the amount allocated for fiscal year 2001;

or

‘‘(ii) the average of—

‘‘(I) the amount calculated under clause (i); and

‘‘(II) the greater of—

‘‘(aa) $340,000; or

‘‘(bb) the number of children in such State

counted for purposes of this section in that fiscal

year multiplied by 150 percent of the national

average per-pupil payment made with funds available under this section for that year.

‘‘(2) DETERMINATION.—For each county or local educational

agency eligible to receive an additional grant under this section

for any fiscal year, the Secretary shall determine the product

of—

‘‘(A) the number of children counted under section

1124(c) for that fiscal year; and

‘‘(B) the amount in section 1124(a)(1)(B) for each State

except the Commonwealth of Puerto Rico, and the amount

in section 1124(a)(4) for the Commonwealth of Puerto Rico.

‘‘(3) AMOUNT.—The amount of the additional grant for

which an eligible local educational agency or county is eligible

under this section for any fiscal year shall be an amount

which bears the same ratio to the amount available to carry

out this section for that fiscal year as the product determined

under paragraph (2) for such local educational agency for that

fiscal year bears to the sum of such products for all local

educational agencies in the United States for that fiscal year.

‘‘(4) LOCAL ALLOCATIONS.—(A) Grant amounts under this

section shall be determined in accordance with section

1124(a)(2), (3), and (4).

20 USC 6334.

115 STAT. 1522 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) For any fiscal year for which the Secretary allocates

funds under this section on the basis of counties, a State

may reserve not more than 2 percent of its allocation under

this section to make grants to local educational agencies that

meet the criteria of paragraph (1)(A)(i) or (ii) and are in ineligible counties that do not meet these criteria.

‘‘(b) SMALL STATES.—In any State for which on the date of

enactment of the No Child Left Behind Act of 2001 the number

of children counted under section 1124(c) is less than 0.25 percent

of the number of those children counted for all States, the State

educational agency shall allocate funds under this section among

the local educational agencies in the State either—

‘‘(1) in accordance with paragraphs (2) and (4) of subsection

(a); or

‘‘(2) based on their respective concentrations and numbers

of children counted under section 1124(c), except that only

those local educational agencies with concentrations or numbers

of children counted under section 1124(c) that exceed the statewide average percentage of such children or the statewide

average number of such children shall receive any funds on

the basis of this paragraph.

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

‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) IN GENERAL.—A local educational agency in a State

is eligible to receive a targeted grant under this section for

any fiscal year if—

‘‘(A) the number of children in the local educational

agency counted under section 1124(c), before application

of the weighted child count described in subsection (c),

is at least 10; and

‘‘(B) if the number of children counted for grants under

section 1124(c), before application of the weighted child

count described in subsection (c), is at least 5 percent

of the total number of children aged 5 to 17 years, inclusive,

in the school district of the local educational agency.

‘‘(2) SPECIAL RULE.—For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, funds made available as a result of applying this subsection

shall be reallocated by the State educational agency to other

eligible local educational agencies in the State in proportion

to the distribution of other funds under this section.

‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES, THE DISTRICT

OF COLUMBIA, AND THE COMMONWEALTH OF PUERTO RICO.—

‘‘(1) IN GENERAL.—The amount of the grant that a local

educational agency in a State (other than the Commonwealth

of Puerto Rico) is eligible to receive under this section for

any fiscal year shall be the product of—

‘‘(A) the weighted child count determined under subsection (c); and

‘‘(B) the amount determined under section

1124(a)(1)(B).

‘‘(2) PUERTO RICO.—For each fiscal year, the amount of

the grant the Commonwealth of Puerto Rico is eligible to receive

under this section shall be equal to the number of children

counted under subsection (c) for the Commonwealth of Puerto

20 USC 6335.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1523

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

for the Commonwealth of Puerto Rico.

‘‘(c) WEIGHTED CHILD COUNT.—

‘‘(1) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—

‘‘(A) IN GENERAL.—For each fiscal year for which the

Secretary uses county population data to calculate grants,

the weighted child count used to determine a county’s

allocation under this section is the larger of the two

amounts determined under subparagraphs (B) and (C).

‘‘(B) BY PERCENTAGE OF CHILDREN.—The amount

referred to in subparagraph (A) is determined by adding—

‘‘(i) the number of children determined under section 1124(c) for that county who constitute not more

than 15.00 percent, inclusive, of the county’s total

population aged 5 to 17, inclusive, multiplied by 1.0;

‘‘(ii) the number of such children who constitute

more than 15.00 percent, but not more than 19.00

percent, of such population, multiplied by 1.75;

‘‘(iii) the number of such children who constitute

more than 19.00 percent, but not more than 24.20

percent, of such population, multiplied by 2.5;

‘‘(iv) the number of such children who constitute

more than 24.20 percent, but not more than 29.20

percent, of such population, multiplied by 3.25; and

‘‘(v) the number of such children who constitute

more than 29.20 percent of such population, multiplied

by 4.0.

‘‘(C) BY NUMBER OF CHILDREN.—The amount referred

to in subparagraph (A) is determined by adding—

‘‘(i) the number of children determined under section 1124(c) who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17,

inclusive, multiplied by 1.0;

‘‘(ii) the number of such children between 2,312

and 7,913, inclusive, in such population, multiplied

by 1.5;

‘‘(iii) the number of such children between 7,914

and 23,917, inclusive, in such population, multiplied

by 2.0;

‘‘(iv) the number of such children between 23,918

and 93,810, inclusive, in such population, multiplied

by 2.5; and

‘‘(v) the number of such children in excess of 93,811

in such population, multiplied by 3.0.

‘‘(D) PUERTO RICO.—Notwithstanding subparagraph

(A), the weighting factor for the Commonwealth of Puerto

Rico under this paragraph shall not be greater than the

total number of children counted under section 1124(c)

multiplied by 1.82.

‘‘(2) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL

AGENCIES.—

‘‘(A) IN GENERAL.—For each fiscal year for which the

Secretary uses local educational agency data, the weighted

child count used to determine a local educational agency’s

grant under this section is the larger of the two amounts

determined under subparagraphs (B) and (C).

115 STAT. 1524 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) BY PERCENTAGE OF CHILDREN.—The amount

referred to in subparagraph (A) is determined by adding— ‘‘(i) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 15.58 percent, inclusive, of the

agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;

‘‘(ii) the number of such children who constitute

more than 15.58 percent, but not more than 22.11

percent, of such population, multiplied by 1.75;

‘‘(iii) the number of such children who constitute

more than 22.11 percent, but not more than 30.16

percent, of such population, multiplied by 2.5;

‘‘(iv) the number of such children who constitute

more than 30.16 percent, but not more than 38.24

percent, of such population, multiplied by 3.25; and

‘‘(v) the number of such children who constitute

more than 38.24 percent of such population, multiplied

by 4.0.

‘‘(C) BY NUMBER OF CHILDREN.—The amount referred

to in subparagraph (A) is determined by adding—

‘‘(i) the number of children determined under section 1124(c) who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17,

inclusive, multiplied by 1.0;

‘‘(ii) the number of such children between 692 and

2,262, inclusive, in such population, multiplied by 1.5;

‘‘(iii) the number of such children between 2,263

and 7,851, inclusive, in such population, multiplied

by 2.0;

‘‘(iv) the number of such children between 7,852

and 35,514, inclusive, in such population, multiplied

by 2.5; and

‘‘(v) the number of such children in excess of 35,514

in such population, multiplied by 3.0.

‘‘(D) PUERTO RICO.—Notwithstanding subparagraph

(A), the weighting factor for the Commonwealth of Puerto

Rico under this paragraph shall not be greater than the

total number of children counted under section 1124(c)

multiplied by 1.82.

‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grant amounts under

this section shall be calculated in the same manner as grant

amounts are calculated under section 1124(a)(2) and (3).

‘‘(e) STATE MINIMUM.—Notwithstanding any other provision of

this section or section 1122, from the total amount available for

any fiscal year to carry out this section, each State shall be allotted

at least the lesser of—

‘‘(1) 0.35 percent of the total amount available to carry

out this section; or

‘‘(2) the average of—

‘‘(A) 0.35 percent of the total amount available to carry

out this section; and

‘‘(B) 150 percent of the national average grant under

this section per child described in section 1124(c), without

application of a weighting factor, multiplied by the State’s

total number of children described in section 1124(c), without application of a weighting factor.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1525

‘‘SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO

LOCAL EDUCATIONAL AGENCIES IN FISCAL YEARS

AFTER FISCAL YEAR 2001.

‘‘(a) FINDINGS.—Congress makes the following findings:

‘‘(1) The current Basic Grant Formula for the distribution

of funds under this part often does not provide funds for the

economically disadvantaged students for which such funds are

targeted.

‘‘(2) Any school district in which more than 2 percent

of the students live below the poverty level qualifies for funding

under the Basic Grant Formula. As a result, 9 out of every

10 school districts in the country receive some form of aid

under the Formula.

‘‘(3) Fifty-eight percent of all schools receive at least some

funding under this part, including many suburban schools with

predominantly well-off students.

‘‘(4) One out of every 5 schools with concentrations of

poor students between 50 and 75 percent receive no funding

at all under this part.

‘‘(5) In passing the Improving America’s Schools Act in

1994, Congress declared that grants under this part would

more sharply target high poverty schools by using the Targeted

Grant Formula, but annual appropriation Acts have prevented

the use of that Formula.

‘‘(6) The advantage of the Targeted Grant Formula over

other funding formulas under this part is that the Targeted

Grant Formula provides increased grants per poor child as

the percentage of economically disadvantaged children in a

school district increases.

‘‘(7) Studies have found that the poverty of a child’s family

is much more likely to be associated with educational disadvantage if the family lives in an area with large concentrations

of poor families.

‘‘(8) States with large populations of high poverty students

would receive significantly more funding if more funds under

this part were allocated through the Targeted Grant Formula. ‘‘(9) Congress has an obligation to allocate funds under

this part so that such funds will positively affect the largest

number of economically disadvantaged students.

‘‘(b) LIMITATION ON ALLOCATION OF TITLE I FUNDS CONTINGENT

ON ADEQUATE FUNDING OF TARGETED GRANTS.—Pursuant to section

1122, the total amount allocated in any fiscal year after fiscal

year 2001 for programs and activities under this part shall not

exceed the amount allocated in fiscal year 2001 for such programs

and activities unless the amount available for targeted grants to

local educational agencies under section 1125 in the applicable

fiscal year meets the requirements of section 1122(a).

‘‘SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

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

the Secretary is authorized to make grants to States, from allotments under subsection (b), to carry out the programs and activities

of this part.

‘‘(b) DISTRIBUTION BASED UPON FISCAL EFFORT AND EQUITY.—

‘‘(1) IN GENERAL.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), funds appropriated pursuant to subsection (f) shall

20 USC 6337.

20 USC 6336.

115 STAT. 1526 PUBLIC LAW 107–110—JAN. 8, 2002

be allotted to each State based upon the number of children

counted under section 1124(c) in such State multiplied

by the product of—

‘‘(i) the amount in section 1124(a)(1)(B) for all

States other than the Commonwealth of Puerto Rico,

except that the amount determined under that

subparagraph shall not be less that 34 percent or more

than 46 percent of the average per pupil expenditure

in the United States, and the amount in section

1124(a)(4) for the Commonwealth of Puerto Rico, except

that the amount in section 1124(a)(4)(A)(ii) shall be

34 percent of the average per pupil expenditure in

the United States; multiplied by

‘‘(ii) such State’s effort factor described in paragraph (2); multiplied by

‘‘(iii) 1.30 minus such State’s equity factor

described in paragraph (3).

‘‘(B) STATE MINIMUM.—Notwithstanding any other

provision of this section or section 1122, from the total

amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of—

‘‘(i) 0.35 percent of total appropriations; or

‘‘(ii) the average of—

‘‘(I) 0.35 percent of the total amount available

to carry out this section; and

‘‘(II) 150 percent of the national average grant

under this section per child described in section

1124(c), without application of a weighting factor,

multiplied by the State’s total number of children

described in section 1124(c), without application

of a weighting factor.

‘‘(2) EFFORT FACTOR.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), the effort factor for a State shall be determined in

accordance with the succeeding sentence, except that such

factor shall not be less than 0.95 nor greater than 1.05.

The effort factor determined under this sentence shall be

a fraction the numerator of which is the product of the

3-year average per-pupil expenditure in the State multiplied by the 3-year average per capita income in the United

States and the denominator of which is the product of

the 3-year average per capita income in such State multiplied by the 3-year average per-pupil expenditure in the

United States.

‘‘(B) COMMONWEALTH OF PUERTO RICO.—The effort

factor for the Commonwealth of Puerto Rico shall be equal

to the lowest effort factor calculated under subparagraph

(A) for any State.

‘‘(3) EQUITY FACTOR.—

‘‘(A) DETERMINATION.—

‘‘(i) IN GENERAL.—Except as provided in subparagraph (B), the Secretary shall determine the equity

factor under this section for each State in accordance

with clause (ii).

‘‘(ii) COMPUTATION.—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1527

‘‘(I) IN GENERAL.—For each State, the Secretary shall compute a weighted coefficient of variation for the per-pupil expenditures of local educational agencies in accordance with subclauses

(II), (III), and (IV).

‘‘(II) VARIATION.—In computing coefficients of

variation, the Secretary shall weigh the variation

between per-pupil expenditures in each local educational agency and the average per-pupil expenditures in the State according to the number of

pupils served by the local educational agency.

‘‘(III) NUMBER OF PUPILS.—In determining the

number of pupils under this paragraph served by

each local educational agency and in each State,

the Secretary shall multiply the number of children counted under section 1124(c) by a factor

of 1.4.

‘‘(IV) ENROLLMENT REQUIREMENT.—In computing coefficients of variation, the Secretary shall

include only those local educational agencies with

an enrollment of more than 200 students.

‘‘(B) SPECIAL RULE.—The equity factor for a State that

meets the disparity standard described in section 222.162

of title 34, Code of Federal Regulations (as such section

was in effect on the day preceding the date of enactment

of the No Child Left Behind Act of 2001) or a State with

only one local educational agency shall be not greater than

0.10.

‘‘(c) USE OF FUNDS; ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES.—All funds awarded to each State under this section shall

be allocated to local educational agencies under the following provisions. Within local educational agencies, funds allocated under this

section shall be distributed to schools on a basis consistent with

section 1113, and may only be used to carry out activities under

this part. A local educational agency in a State is eligible to receive

a targeted grant under this section for any fiscal year if—

‘‘(A) the number of children in the local educational agency

counted under section 1124(c), before application of the

weighted child count described in paragraph (3), is at least

10; and

‘‘(B) if the number of children counted for grants under

section 1124(c), before application of the weighted child count

described in paragraph (3), is at least 5 percent of the total

number of children aged 5 to 17 years, inclusive, in the school

district of the local educational agency.

‘‘For any fiscal year for which the Secretary allocates funds

under this section on the basis of counties, funds made available

as a result of applying this subsection shall be reallocated by

the State educational agency to other eligible local educational

agencies in the State in proportion to the distribution of other

funds under this section.

‘‘(d) ALLOCATION OF FUNDS TO ELIGIBLE LOCAL EDUCATIONAL

AGENCIES.—Funds received by States under this section shall be

allocated within States to eligible local educational agencies on

the basis of weighted child counts calculated in accordance with

paragraph (1), (2), or (3), as appropriate for each State.

115 STAT. 1528 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) STATES WITH AN EQUITY FACTOR LESS THAN .10.—In

States with an equity factor less than .10, the weighted child

counts referred to in subsection (d) shall be calculated as follows:

‘‘(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—

‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses county population data to calculate

grants, the weighted child count used to determine

a county’s allocation under this section is the larger

of the two amounts determined under clauses (ii) and

(iii).

‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause ‘‘(i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) for that county who constitute not

more than 15.00 percent, inclusive, of the county’s

total population aged 5 to 17, inclusive, multiplied

by 1.0;

‘‘(II) the number of such children who constitute more than 15.00 percent, but not more

than 19.00 percent, of such population, multiplied

by 1.75;

‘‘(III) the number of such children who constitute more than 19.00 percent, but not more

than 24.20 percent, of such population, multiplied

by 2.5;

‘‘(IV) the number of such children who constitute more than 24.20 percent, but not more

than 29.20 percent, of such population, multiplied

by 3.25; and

‘‘(V) the number of such children who constitute more than 29.20 percent of such population,

multiplied by 4.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount

referred to in clause (i) is determined by adding

‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 2,311,

inclusive, of the county’s total population aged 5

to 17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children between

2,312 and 7,913, inclusive, in such population,

multiplied by 1.5;

‘‘(III) the number of such children between

7,914 and 23,917, inclusive, in such population,

multiplied by 2.0;

‘‘(IV) the number of such children between

23,918 and 93,810, inclusive, in such population,

multiplied by 2.5; and

‘‘(V) the number of such children in excess

of 93,811 in such population, multiplied by 3.0.

‘‘(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL

AGENCIES.—

‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses local educational agency data, the

weighted child count used to determine a local educational agency’s grant under this section is the larger

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1529

of the two amounts determined under clauses (ii) and

(iii).‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause (i) is determined by adding— ‘‘(I) the number of children determined under

section 1124(c) for that local educational agency

who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to

17, inclusive, multiplied by 1.0; ‘‘(II) the number of such children who constitute more than 15.58 percent, but not more

than 22.11 percent, of such population, multiplied

by 1.75; ‘‘(III) the number of such children who constitute more than 22.11 percent, but not more

than 30.16 percent, of such population, multiplied

by 2.5; ‘‘(IV) the number of such children who constitute more than 30.16 percent, but not more

than 38.24 percent, of such population, multiplied

by 3.25; and ‘‘(V) the number of such children who constitute more than 38.24 percent of such population,

multiplied by 4.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 691,

inclusive, of the agency’s total population aged 5

to 17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children between 692

and 2,262, inclusive, in such population, multiplied

by 1.5;

‘‘(III) the number of such children between

2,263 and 7,851, inclusive, in such population,

multiplied by 2.0;

‘‘(IV) the number of such children between

7,852 and 35,514, inclusive, in such population,

multiplied by 2.5; and

‘‘(V) the number of such children in excess

of 35,514 in such population, multiplied by 3.0.

‘‘(2) STATES WITH AN EQUITY FACTOR GREATER THAN OR

EQUAL TO .10 AND LESS THAN .20.—In States with an equity

factor greater than or equal to .10 and less than .20, the

weighted child counts referred to in subsection (d) shall be

calculated as follows:

‘‘(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—

‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses county population data to calculate

grants, the weighted child count used to determine

a county’s allocation under this section is the larger

of the two amounts determined under clauses (ii) and

(iii).

‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) for that county who constitute not

115 STAT. 1530 PUBLIC LAW 107–110—JAN. 8, 2002

more than 15.00 percent, inclusive, of the county’s

total population aged 5 to 17, inclusive, multiplied

by 1.0;

‘‘(II) the number of such children who constitute more than 15.00 percent, but not more

than 19.00 percent, of such population, multiplied

by 1.5;

‘‘(III) the number of such children who constitute more than 19.00 percent, but not more

than 24.20 percent, of such population, multiplied

by 3.0;

‘‘(IV) the number of such children who constitute more than 24.20 percent, but not more

than 29.20 percent, of such population, multiplied

by 4.5; and

‘‘(V) the number of such children who constitute more than 29.20 percent of such population,

multiplied by 6.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 2,311,

inclusive, of the county’s total population aged 5

to 17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children between

2,312 and 7,913, inclusive, in such population,

multiplied by 1.5;

‘‘(III) the number of such children between

7,914 and 23,917, inclusive, in such population,

multiplied by 2.25;

‘‘(IV) the number of such children between

23,918 and 93,810, inclusive, in such population,

multiplied by 3.375; and

‘‘(V) the number of such children in excess

of 93,811 in such population, multiplied by 4.5.

‘‘(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL

AGENCIES.—

‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses local educational agency data, the

weighted child count used to determine a local educational agency’s grant under this section is the larger

of the two amounts determined under clauses (ii) and

(iii).

‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) for that local educational agency

who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to

17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children who constitute more than 15.58 percent, but not more

than 22.11 percent, of such population, multiplied

by 1.5;

‘‘(III) the number of such children who constitute more than 22.11 percent, but not more

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1531

than 30.16 percent, of such population, multiplied

by 3.0;

‘‘(IV) the number of such children who constitute more than 30.16 percent, but not more

than 38.24 percent, of such population, multiplied

by 4.5; and

‘‘(V) the number of such children who constitute more than 38.24 percent of such population,

multiplied by 6.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 691,

inclusive, of the agency’s total population aged 5

to 17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children between 692

and 2,262, inclusive, in such population, multiplied

by 1.5;

‘‘(III) the number of such children between

2,263 and 7,851, inclusive, in such population,

multiplied by 2.25;

‘‘(IV) the number of such children between

7,852 and 35,514, inclusive, in such population,

multiplied by 3.375; and

‘‘(V) the number of such children in excess

of 35,514 in such population, multiplied by 4.5.

‘‘(3) STATES WITH AN EQUITY FACTOR GREATER THAN OR

EQUAL TO .20.—In States with an equity factor greater than

or equal to .20, the weighted child counts referred to in subsection (d) shall be calculated as follows:

‘‘(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—

‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses county population data to calculate

grants, the weighted child count used to determine

a county’s allocation under this section is the larger

of the two amounts determined under clauses (ii) and

(iii).

‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) for that county who constitute not

more than 15.00 percent, inclusive, of the county’s

total population aged 5 to 17, inclusive, multiplied

by 1.0;

‘‘(II) the number of such children who constitute more than 15.00 percent, but not more

than 19.00 percent, of such population, multiplied

by 2.0;

‘‘(III) the number of such children who constitute more than 19.00 percent, but not more

than 24.20 percent, of such population, multiplied

by 4.0;

‘‘(IV) the number of such children who constitute more than 24.20 percent, but not more

than 29.20 percent, of such population, multiplied

by 6.0; and

115 STAT. 1532 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(V) the number of such children who constitute more than 29.20 percent of such population,

multiplied by 8.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 2,311,

inclusive, of the county’s total population aged 5

to 17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children between

2,312 and 7,913, inclusive, in such population,

multiplied by 2.0;

‘‘(III) the number of such children between

7,914 and 23,917, inclusive, in such population,

multiplied by 3.0;

‘‘(IV) the number of such children between

23,918 and 93,810, inclusive, in such population,

multiplied by 4.5; and

‘‘(V) the number of such children in excess

of 93,811 in such population, multiplied by 6.0.

‘‘(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL

AGENCIES.—

‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses local educational agency data, the

weighted child count used to determine a local educational agency’s grant under this section is the larger

of the two amounts determined under clauses (ii) and

(iii).

‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) for that local educational agency

who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to

17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children who constitute more than 15.58 percent, but not more

than 22.11 percent, of such population, multiplied

by 2.0;

‘‘(III) the number of such children who constitute more than 22.11 percent, but not more

than 30.16 percent, of such population, multiplied

by 4.0;

‘‘(IV) the number of such children who constitute more than 30.16 percent, but not more

than 38.24 percent, of such population, multiplied

by 6.0; and

‘‘(V) the number of such children who constitute more than 38.24 percent of such population,

multiplied by 8.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 691,

inclusive, of the agency’s total population aged 5

to 17, inclusive, multiplied by 1.0;

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1533

‘‘(II) the number of such children between 692

and 2,262, inclusive, in such population, multiplied

by 2.0; ‘‘(III) the number of such children between

2,263 and 7,851, inclusive, in such population,

multiplied by 3.0;

‘‘(IV) the number of such children between

7,852 and 35,514, inclusive, in such population,

multiplied by 4.5; and

‘‘(V) the number of such children in excess

of 35,514 in such population, multiplied by 6.0.

‘‘(e) MAINTENANCE OF EFFORT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

a State is entitled to receive its full allotment of funds under

this section for any fiscal year if the Secretary finds that

either the combined fiscal effort per student or the aggregate

expenditures within the State with respect to the provision

of free public education for the fiscal year preceding the fiscal

year for which the determination is made was not less than

90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for

which the determination is made. ‘‘(2) REDUCTION OF FUNDS.—The Secretary shall reduce

the amount of funds awarded to any State under this section

in any fiscal year in the exact proportion to which the State

fails to meet the requirements of paragraph (1) by falling below

90 percent of both the fiscal effort per student and aggregate

expenditures (using the measure most favorable to the State),

and no such lesser amount shall be used for computing the

effort required under paragraph (1) for subsequent years.

‘‘(3) WAIVERS.—The Secretary may waive, for 1 fiscal year

only, the requirements of this subsection if the Secretary determines that such a waiver would be equitable due to exceptional

or uncontrollable circumstances such as a natural disaster or

a precipitous and unforeseen decline in the financial resources

of the State.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for fiscal year 2002 and for each of the 5 succeeding

fiscal years.

‘‘(g) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.—

‘‘(1) IN GENERAL.—If the sums available under this section

for any fiscal year are insufficient to pay the full amounts

that all local educational agencies in States are eligible to

receive under this section for such year, the Secretary shall

ratably reduce the allocations to such local educational agencies,

subject to paragraphs (2) and (3).

‘‘(2) ADDITIONAL FUNDS.—If additional funds become available for making payments under this section for such fiscal

year, allocations that were reduced under paragraph (1) shall

be increased on the same basis as they were reduced. ‘‘(3) HOLD-HARMLESS AMOUNTS.—For each fiscal year, if

sufficient funds are available, the amount made available to

each local educational agency under this section shall be

‘‘(A) not less than 95 percent of the amount made

available for the preceding fiscal year if the number of

children counted for grants under section 1124 is not less

115 STAT. 1534 PUBLIC LAW 107–110—JAN. 8, 2002

than 30 percent of the total number of children aged 5

to 17 years, inclusive, in the local educational agency; ‘‘(B) not less than 90 percent of the amount made

available for the preceding fiscal year if the percentage

described in subparagraph (A) is between 15 percent and

30 percent; and ‘‘(C) not less than 85 percent of the amount made

available for the preceding fiscal year if the percentage

described in subparagraph (A) is below 15 percent.

‘‘(4) APPLICABILITY.—Notwithstanding any other provision

of law, the Secretary shall not take into consideration the

hold-harmless provisions of this subsection for any fiscal year

for purposes of calculating State or local allocations for the

fiscal year under any program administered by the Secretary

other than a program authorized under this part.

‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.— ‘‘(1) IN GENERAL.—If a State educational agency determines

that a local educational agency in the State is unable or

unwilling to provide for the special educational needs of children who are living in institutions for neglected children as

described in section 1124(c)(1)(B), the State educational agency

shall, if such agency assumes responsibility for the special

educational needs of such children, receive the portion of such

local educational agency’s allocation under sections 1124,

1124A, 1125, and 1125A that is attributable to such children. ‘‘(2) SPECIAL RULE.—If the State educational agency does

not assume such responsibility, any other State or local public

agency that does assume such responsibility shall receive that

portion of the local educational agency’s allocation. ‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES.—The

State educational agency may allocate the amounts of grants under

sections 1124, 1124A, 1125, and 1125A among the affected local

educational agencies— ‘‘(1) if two or more local educational agencies serve, in

whole or in part, the same geographical area; ‘‘(2) if a local educational agency provides free public education for children who reside in the school district of another

local educational agency; or ‘‘(3) to reflect the merger, creation, or change of boundaries

of one or more local educational agencies.

‘‘(c) REALLOCATION.—If a State educational agency determines

that the amount of a grant a local educational agency would receive

under sections 1124, 1124A, 1125, and 1125A is more than such

local educational agency will use, the State educational agency

shall make the excess amount available to other local educational

agencies in the State that need additional funds in accordance

with criteria established by the State educational agency.

‘‘SEC. 1127. CARRYOVER AND WAIVER.

‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding section

421(b) of the General Education Provisions Act or any other provision of law, not more than 15 percent of the funds allocated to

a local educational agency for any fiscal year under this subpart

(but not including funds received through any reallocation under

this subpart) may remain available for obligation by such agency

for one additional fiscal year.

20 USC 6339.

20 USC 6338.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1535

‘‘(b) WAIVER.—A State educational agency may, once every 3

years, waive the percentage limitation in subsection (a) if—

‘‘(1) the agency determines that the request of a local

educational agency is reasonable and necessary; or

‘‘(2) supplemental appropriations for this subpart become

available.

‘‘(c) EXCLUSION.—The percentage limitation under subsection

(a) shall not apply to any local educational agency that receives

less than $50,000 under this subpart for any fiscal year.

‘‘PART B—STUDENT READING SKILLS

IMPROVEMENT GRANTS

‘‘Subpart 1—Reading First

‘‘SEC. 1201. PURPOSES.

‘‘The purposes of this subpart are as follows:

‘‘(1) To provide assistance to State educational agencies

and local educational agencies in establishing reading programs

for students in kindergarten through grade 3 that are based

on scientifically based reading research, to ensure that every

student can read at grade level or above not later than the

end of grade 3.

‘‘(2) To provide assistance to State educational agencies

and local educational agencies in preparing teachers, including

special education teachers, through professional development

and other support, so the teachers can identify specific reading

barriers facing their students and so the teachers have the

tools to effectively help their students learn to read.

‘‘(3) To provide assistance to State educational agencies

and local educational agencies in selecting or administering

screening, diagnostic, and classroom-based instructional

reading assessments.

‘‘(4) To provide assistance to State educational agencies

and local educational agencies in selecting or developing effective instructional materials (including classroom-based materials to assist teachers in implementing the essential components of reading instruction), programs, learning systems, and

strategies to implement methods that have been proven to

prevent or remediate reading failure within a State.

‘‘(5) To strengthen coordination among schools, early literacy programs, and family literacy programs to improve

reading achievement for all children.

‘‘SEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.

‘‘(a) IN GENERAL.—

‘‘(1) AUTHORIZATION TO MAKE GRANTS.—In the case of each

State educational agency that in accordance with section 1203

submits to the Secretary an application for a 6-year period,

the Secretary, from amounts appropriated under section

1002(b)(1) and subject to the application’s approval, shall make

a grant to the State educational agency for the uses specified

in subsections (c) and (d). For each fiscal year, the funds provided under the grant shall equal the allotment determined

for the State educational agency under subsection (b).

20 USC 6362.

20 USC 6361.

115 STAT. 1536 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) DURATION OF GRANTS.—Subject to subsection (e)(3),

a grant under this section shall be awarded for a period of

not more than 6 years.

‘‘(b) DETERMINATION OF AMOUNT OF ALLOTMENTS.— ‘‘(1) RESERVATIONS FROM APPROPRIATIONS.—From the total

amount made available to carry out this subpart for a fiscal

year, the Secretary— ‘‘(A) shall reserve one-half of 1 percent for allotments

for the United States Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana

Islands, to be distributed among these outlying areas on

the basis of their relative need, as determined by the

Secretary in accordance with the purposes of this subpart; ‘‘(B) shall reserve one-half of 1 percent for the Secretary

of the Interior for programs under this subpart in schools

operated or funded by the Bureau of Indian Affairs; ‘‘(C) may reserve not more than 21⁄2 percent or

$25,000,000, whichever is less, to carry out section 1205

(relating to external evaluation) and section 1206 (relating

to national activities);

‘‘(D) shall reserve $5,000,000 to carry out sections 1207

and 1224 (relating to information dissemination); and

‘‘(E) for any fiscal year, beginning with fiscal year

2004, for which the amount appropriated to carry out this

subpart exceeds the amount appropriated for fiscal year

2003, shall reserve, to carry out section 1204, the lesser

of—

‘‘(i) $90,000,000; or

‘‘(ii) 10 percent of such excess amount.

‘‘(2) STATE ALLOTMENTS.—In accordance with paragraph

(3), the Secretary shall allot among each of the States the

total amount made available to carry out this subpart for

any fiscal year and not reserved under paragraph (1).

‘‘(3) DETERMINATION OF STATE ALLOTMENT AMOUNTS.—

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the

Secretary shall allot the amount made available under

paragraph (2) for a fiscal year among the States in proportion to the number of children, aged 5 to 17, who reside

within the State and are from families with incomes below

the poverty line for the most recent fiscal year for which

satisfactory data are available, compared to the number

of such individuals who reside in all such States for that

fiscal year.

‘‘(B) EXCEPTIONS.—

‘‘(i) MINIMUM GRANT AMOUNT.—Subject to clause

(ii), no State receiving an allotment under subparagraph (A) may receive less than one-fourth of 1 percent

of the total amount allotted under such subparagraph.

‘‘(ii) PUERTO RICO.—The percentage of the amount

allotted under subparagraph (A) that is allotted to

the Commonwealth of Puerto Rico for a fiscal year

may not exceed the percentage that was received by

the Commonwealth of Puerto Rico of the funds allocated to all States under subpart 2 of part A for the

preceding fiscal year.

‘‘(4) DISTRIBUTION OF SUBGRANTS.—The Secretary may

make a grant to a State educational agency only if the State

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1537

educational agency agrees to expend at least 80 percent of

the amount of the funds provided under the grant for the

purpose of making, in accordance with subsection (c), competitive subgrants to eligible local educational agencies.

‘‘(5) REALLOTMENT.—If a State educational agency

described in paragraph (2) does not apply for an allotment

under this section for any fiscal year, or if the State educational

agency’s application is not approved, the Secretary shall reallot

such amount to the remaining State educational agencies in

accordance with paragraph (3).

‘‘(6) DEFINITION OF STATE.—For purposes of this subsection,

the term ‘State’ means each of the 50 States, the District

of Columbia, and the Commonwealth of Puerto Rico.

‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) AUTHORIZATION TO MAKE SUBGRANTS.—In accordance

with paragraph (2), a State educational agency that receives

a grant under this section shall make competitive subgrants

to eligible local educational agencies.

‘‘(2) ALLOCATION.—

‘‘(A) MINIMUM SUBGRANT AMOUNT.—In making subgrants under paragraph (1), a State educational agency

shall allocate to each eligible local educational agency that

receives such a subgrant, at a minimum, an amount that

bears the same relation to the funds made available under

subsection (b)(4) as the amount the eligible local educational agency received under part A for the preceding

fiscal year bears to the amount all the local educational

agencies in the State received under part A for the preceding fiscal year.

‘‘(B) PRIORITY.—In making subgrants under paragraph

(1), a State educational agency shall give priority to eligible

local educational agencies in which at least—

‘‘(i) 15 percent of the children served by the eligible

local educational agency are from families with incomes

below the poverty line; or

‘‘(ii) 6,500 children served by the eligible local educational agency are from families with incomes below

the poverty line.

‘‘(3) NOTICE.—A State educational agency receiving a grant

under this section shall provide notice to all eligible local educational agencies in the State of the availability of competitive

subgrants under this subsection and of the requirements for

applying for the subgrants.

‘‘(4) LOCAL APPLICATION.—To be eligible to receive a

subgrant under this subsection, an eligible local educational

agency shall submit an application to the State educational

agency at such time, in such manner, and containing such

information as the State educational agency may reasonably

require.

‘‘(5) STATE REQUIREMENT.—In distributing subgrant funds

to eligible local educational agencies under this subsection,

a State educational agency shall—

‘‘(A) provide funds in sufficient size and scope to enable

the eligible local educational agencies to improve reading

instruction; and

115 STAT. 1538 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) provide the funds in amounts related to the

number or percentage of students in kindergarten through

grade 3 who are reading below grade level.

‘‘(6) LIMITATION TO CERTAIN SCHOOLS.—In distributing

subgrant funds under this subsection, an eligible local educational agency shall provide funds only to schools that both—

‘‘(A) are among the schools served by that eligible

local educational agency with the highest percentages or

numbers of students in kindergarten through grade 3

reading below grade level, based on the most currently

available data; and

‘‘(B)(i) are identified for school improvement under section 1116(b); or

‘‘(ii) have the highest percentages or numbers of children counted under section 1124(c).

‘‘(7) LOCAL USES OF FUNDS.—

‘‘(A) REQUIRED USES.—Subject to paragraph (8), an

eligible local educational agency that receives a subgrant

under this subsection shall use the funds provided under

the subgrant to carry out the following activities:

‘‘(i) Selecting and administering screening, diagnostic, and classroom-based instructional reading

assessments.

‘‘(ii) Selecting and implementing a learning system

or program of reading instruction based on scientifically based reading research that—

‘‘(I) includes the essential components of

reading instruction; and

‘‘(II) provides such instruction to the children

in kindergarten through grade 3 in the schools

served by the eligible local educational agency,

including children who—

‘‘(aa) may have reading difficulties;

‘‘(bb) are at risk of being referred to special

education based on these difficulties;

‘‘(cc) have been evaluated under section

614 of the Individuals with Disabilities Education Act but, in accordance with section

614(b)(5) of that Act, have not been identified

as being a child with a disability (as defined

in section 602 of that Act);

‘‘(dd) are being served under such Act primarily due to being identified as being a child

with a specific learning disability (as defined

in section 602 of that Act) related to reading;

‘‘(ee) are deficient in the essential components of reading skills, as listed in subparagraphs (A) through (E) of section 1208(3); or

‘‘(ff) are identified as having limited

English proficiency.

‘‘(iii) Procuring and implementing instructional

materials, including education technology such as software and other digital curricula, that are based on

scientifically based reading research.

‘‘(iv) Providing professional development for

teachers of kindergarten through grade 3, and special

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1539

education teachers of kindergarten through grade 12,

that—

‘‘(I) will prepare these teachers in all of the

essential components of reading instruction;

‘‘(II) shall include—

‘‘(aa) information on instructional materials, programs, strategies, and approaches

based on scientifically based reading research,

including early intervention, classroom

reading materials, and remedial programs and

approaches; and

‘‘(bb) instruction in the use of screening,

diagnostic, and classroom-based instructional

reading assessments and other procedures

that effectively identify students who may be

at risk for reading failure or who are having

difficulty reading;

‘‘(III) shall be provided by eligible professional

development providers; and

‘‘(IV) will assist teachers in becoming highly

qualified in reading instruction in accordance with

the requirements of section 1119.

‘‘(v) Collecting and summarizing data—

‘‘(I) to document the effectiveness of activities

carried out under this subpart in individual schools

and in the local educational agency as a whole;

and

‘‘(II) to stimulate and accelerate improvement

by identifying the schools that produce significant

gains in reading achievement.

‘‘(vi) Reporting data for all students and categories

of students described in section 1111(b)(2)(C)(v)(II).

‘‘(vii) Promoting reading and library programs that

provide access to engaging reading material, including

coordination with programs funded through grants

received under subpart 4, where applicable.

‘‘(B) ADDITIONAL USES.—Subject to paragraph (8), an

eligible local educational agency that receives a subgrant

under this subsection may use the funds provided under

the subgrant to carry out the following activities:

‘‘(i) Humanities-based family literacy programs

(which may be referred to as ‘Prime Time Family

Reading Time’) that bond families around the acts

of reading and using public libraries.

‘‘(ii) Providing training in the essential components

of reading instruction to a parent or other individual

who volunteers to be a student’s reading tutor, to

enable such parent or individual to support instructional practices that are based on scientifically based

reading research and are being used by the student’s

teacher.

‘‘(iii) Assisting parents, through the use of materials and reading programs, strategies, and approaches

(including family literacy services) that are based on

scientifically based reading research, to encourage

reading and support their child’s reading development.

115 STAT. 1540 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(8) LOCAL PLANNING AND ADMINISTRATION.—An eligible

local educational agency that receives a subgrant under this

subsection may use not more than 3.5 percent of the funds

provided under the subgrant for planning and administration.

‘‘(d) STATE USES OF FUNDS.— ‘‘(1) IN GENERAL.—A State educational agency that receives

a grant under this section may expend not more than a total

of 20 percent of the grant funds to carry out the activities

described in paragraphs (3), (4), and (5). ‘‘(2) PRIORITY.—A State educational agency shall give priority to carrying out the activities described in paragraphs

(3), (4), and (5) for schools described in subsection (c)(6). ‘‘(3) PROFESSIONAL INSERVICE AND PRESERVICE DEVELOP- MENT AND REVIEW.—A State educational agency may expend

not more than 65 percent of the amount of the funds made

available under paragraph (1)— ‘‘(A) to develop and implement a program of professional development for teachers, including special education

teachers, of kindergarten through grade 3 that— ‘‘(i) will prepare these teachers in all the essential

components of reading instruction; ‘‘(ii) shall include— ‘‘(I) information on instructional materials,

programs, strategies, and approaches based on scientifically based reading research, including early

intervention and reading remediation materials,

programs, and approaches; and

‘‘(II) instruction in the use of screening, diagnostic, and classroom-based instructional reading

assessments and other scientifically based procedures that effectively identify students who may

be at risk for reading failure or who are having

difficulty reading; and

‘‘(iii) shall be provided by eligible professional

development providers;

‘‘(B) to strengthen and enhance preservice courses for

students preparing, at all public institutions of higher education in the State, to teach kindergarten through grade

3 by—

‘‘(i) reviewing such courses to determine whether

the courses’ content is consistent with the findings

of the most current scientifically based reading

research, including findings on the essential components of reading instruction;

‘‘(ii) following up such reviews with recommendations to ensure that such institutions offer courses

that meet the highest standards; and

‘‘(iii) preparing a report on the results of such

reviews, submitting the report to the reading and literacy partnership for the State established under section 1203(d), and making the report available for public

review by means of the Internet; and

‘‘(C) to make recommendations on how the State licensure and certification standards in the area of reading

might be improved.

‘‘(4) TECHNICAL ASSISTANCE FOR LOCAL EDUCATIONAL AGEN- CIES AND SCHOOLS.—A State educational agency may expend

Reports.

Public

information.

Internet.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1541

not more than 25 percent of the amount of the funds made

available under paragraph (1) for one or more of the following:

‘‘(A) Assisting local educational agencies in accomplishing the tasks required to design and implement a

program under this subpart, including—

‘‘(i) selecting and implementing a program or programs of reading instruction based on scientifically

based reading research;

‘‘(ii) selecting screening, diagnostic, and classroombased instructional reading assessments; and

‘‘(iii) identifying eligible professional development

providers to help prepare reading teachers to teach

students using the programs and assessments

described in clauses (i) and (ii).

‘‘(B) Providing expanded opportunities to students in

kindergarten through grade 3 who are served by eligible

local educational agencies for receiving reading assistance

from alternative providers that includes—

‘‘(i) screening, diagnostic, and classroom-based

instructional reading assessments; and

‘‘(ii) as need is indicated by the assessments under

clause (i), instruction based on scientifically based

reading research that includes the essential components of reading instruction.

‘‘(5) PLANNING, ADMINISTRATION, AND REPORTING.—

‘‘(A) EXPENDITURE OF FUNDS.—A State educational

agency may expend not more than 10 percent of the amount

of funds made available under paragraph (1) for the activities described in this paragraph.

‘‘(B) PLANNING AND ADMINISTRATION.—A State educational agency that receives a grant under this section

may expend funds made available under subparagraph (A)

for planning and administration relating to the State uses

of funds authorized under this subpart, including the following:

‘‘(i) Administering the distribution of competitive

subgrants to eligible local educational agencies under

subsection (c) and section 1204(d).

‘‘(ii) Assessing and evaluating, on a regular basis,

eligible local educational agency activities assisted

under this subpart, with respect to whether they have

been effective in increasing the number of children

in grades 1, 2, and 3 served under this subpart who

can read at or above grade level.

‘‘(C) ANNUAL REPORTING.—

‘‘(i) IN GENERAL.—A State educational agency that

receives a grant under this section shall expend funds

made available under subparagraph (A) to provide the

Secretary annually with a report on the implementation of this subpart.

‘‘(ii) INFORMATION INCLUDED.—Each report under

this subparagraph shall include information on the

following:

‘‘(I) Evidence that the State educational agency

is fulfilling its obligations under this subpart.

115 STAT. 1542 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(II) Specific identification of those schools and

local educational agencies that report the largest

gains in reading achievement. ‘‘(III) The progress the State educational

agency and local educational agencies within the

State are making in reducing the number of students served under this subpart in grades 1, 2,

and 3 who are reading below grade level, as demonstrated by such information as teacher reports

and school evaluations of mastery of the essential

components of reading instruction.

‘‘(IV) Evidence on whether the State educational agency and local educational agencies

within the State have significantly increased the

number of students reading at grade level or above,

significantly increased the percentages of students

described in section 1111(b)(2)(C)(v)(II) who are

reading at grade level or above, and successfully

implemented this subpart.

‘‘(iii) PRIVACY PROTECTION.—Data in the report

shall be reported in a manner that protects the privacy

of individuals.

‘‘(iv) CONTRACT.—To the extent practicable, a State

educational agency shall enter into a contract with

an entity that conducts scientifically based reading

research, under which contract the entity will assist

the State educational agency in producing the reports

required to be submitted under this subparagraph.

‘‘(e) REVIEW.—

‘‘(1) PROGRESS REPORT.—

‘‘(A) SUBMISSION.—Not later than 60 days after the

termination of the third year of the grant period, each

State educational agency receiving a grant under this section shall submit a progress report to the Secretary.

‘‘(B) INFORMATION INCLUDED.—The progress report

shall include information on the progress the State educational agency and local educational agencies within the

State are making in reducing the number of students

served under this subpart in grades 1, 2, and 3 who are

reading below grade level (as demonstrated by such

information as teacher reports and school evaluations of

mastery of the essential components of reading instruction).

The report shall also include evidence from the State educational agency and local educational agencies within the

State that the State educational agency and the local educational agencies have significantly increased the number

of students reading at grade level or above, significantly

increased the percentages of students described in section

1111(b)(2)(C)(v)(II) who are reading at grade level or above,

and successfully implemented this subpart.

‘‘(2) PEER REVIEW.—The progress report described in paragraph (1) shall be reviewed by the peer review panel convened

under section 1203(c)(2).

‘‘(3) CONSEQUENCES OF INSUFFICIENT PROGRESS.—After

submission of the progress report described in paragraph (1),

if the Secretary determines that the State educational agency

is not making significant progress in meeting the purposes

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1543

of this subpart, the Secretary may withhold from the State

educational agency, in whole or in part, further payments under

this section in accordance with section 455 of the General

Education Provisions Act or take such other action authorized

by law as the Secretary determines necessary, including providing technical assistance upon request of the State educational agency.

‘‘(f) FUNDS NOT USED FOR STATE LEVEL ACTIVITIES.—Any portion of funds described in subsection (d)(1) that a State educational

agency does not expend in accordance with subsection (d)(1) shall

be expended for the purpose of making subgrants in accordance

with subsection (c).

‘‘SEC. 1203. STATE FORMULA GRANT APPLICATIONS.

‘‘(a) APPLICATIONS.— ‘‘(1) IN GENERAL.—A State educational agency that desires

to receive a grant under section 1202 shall submit an application to the Secretary at such time and in such form as the

Secretary may require. The application shall contain the

information described in subsection (b). ‘‘(2) SPECIAL APPLICATION PROVISIONS.—For those State

educational agencies that have received a grant under part

C of title II (as such part was in effect on the day before

the date of enactment of the No Child Left Behind Act of

2001), the Secretary shall establish a modified set of requirements for an application under this section that takes into

account the information already submitted and approved under

that program and minimizes the duplication of effort on the

part of such State educational agencies.

‘‘(b) CONTENTS.—An application under this section shall contain

the following:

‘‘(1) An assurance that the Governor of the State, in consultation with the State educational agency, has established

a reading and literacy partnership described in subsection (d),

and a description of how such partnership— ‘‘(A) coordinated the development of the application;

and

‘‘(B) will assist in the oversight and evaluation of the

State educational agency’s activities under this subpart.

‘‘(2) A description, if applicable, of the State’s strategy

to expand, continue, or modify activities authorized under part

C of title II (as such part was in effect on the day before

the date of enactment of the No Child Left Behind Act of

2001).

‘‘(3) An assurance that the State educational agency, and

any local educational agencies receiving a subgrant from that

State educational agency under section 1202, will, if requested,

participate in the external evaluation under section 1205.

‘‘(4) A State educational agency plan containing a description of the following:

‘‘(A) How the State educational agency will assist local

educational agencies in identifying screening, diagnostic,

and classroom-based instructional reading assessments.

‘‘(B) How the State educational agency will assist local

educational agencies in identifying instructional materials,

programs, strategies, and approaches, based on scientifically based reading research, including early intervention

20 USC 6363.

115 STAT. 1544 PUBLIC LAW 107–110—JAN. 8, 2002

and reading remediation materials, programs, and

approaches.

‘‘(C) How the State educational agency will ensure

that professional development activities related to reading

instruction and provided under section 1202 are—

‘‘(i) coordinated with other Federal, State, and local

level funds, and used effectively to improve instructional practices for reading; and

‘‘(ii) based on scientifically based reading research.

‘‘(D) How the activities assisted under section 1202

will address the needs of teachers and other instructional

staff in implementing the essential components of reading

instruction.

‘‘(E) How subgrants made by the State educational

agency under section 1202 will meet the requirements of

section 1202, including how the State educational agency

will ensure that eligible local educational agencies receiving

subgrants under section 1202 will use practices based on

scientifically based reading research.

‘‘(F) How the State educational agency will, to the

extent practicable, make grants to eligible local educational

agencies in both rural and urban areas.

‘‘(G) How the State educational agency will build on,

and promote coordination among literacy programs in the

State (including federally funded programs such as programs under the Adult Education and Family Literacy

Act, the Individuals with Disabilities Education Act, and

subpart 2), to increase the effectiveness of the programs

in improving reading for adults and children and to avoid

duplication of the efforts of the program.

‘‘(H) How the State educational agency will assess and

evaluate, on a regular basis, eligible local educational

agency activities assisted under section 1202, with respect

to whether the activities have been effective in achieving

the purposes of section 1202.

‘‘(I) Any other information that the Secretary may

reasonably require.

‘‘(c) APPROVAL OF APPLICATIONS.—

‘‘(1) IN GENERAL.—The Secretary shall approve an application of a State educational agency under this section only

if such application meets the requirements of this section.

‘‘(2) PEER REVIEW.—

‘‘(A) IN GENERAL.—The Secretary, in consultation with

the National Institute for Literacy, shall convene a panel

to evaluate applications under this section. At a minimum,

the panel shall include—

‘‘(i) three individuals selected by the Secretary;

‘‘(ii) three individuals selected by the National

Institute for Literacy;

‘‘(iii) three individuals selected by the National

Research Council of the National Academy of Sciences;

and

‘‘(iv) three individuals selected by the National

Institute of Child Health and Human Development.

‘‘(B) EXPERTS.—The panel shall include—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1545

‘‘(i) experts who are competent, by virtue of their

training, expertise, or experience, to evaluate applications under this section;

‘‘(ii) experts who provide professional development

to individuals who teach reading to children and adults

based on scientifically based reading research;

‘‘(iii) experts who provide professional development

to other instructional staff based on scientifically based

reading research; and

‘‘(iv) an individual who has expertise in screening,

diagnostic, and classroom-based instructional reading

assessments.

‘‘(C) RECOMMENDATIONS.—The panel shall recommend

grant applications from State educational agencies under

this section to the Secretary for funding or for disapproval.

‘‘(d) READING AND LITERACY PARTNERSHIPS.—

‘‘(1) IN GENERAL.—For a State educational agency to receive

a grant under section 1202, the Governor of the State, in

consultation with the State educational agency, shall establish

a reading and literacy partnership.

‘‘(2) REQUIRED PARTICIPANTS.—The reading and literacy

partnership shall include the following participants:

‘‘(A) The Governor of the State.

‘‘(B) The chief State school officer.

‘‘(C) The chairman and the ranking member of each

committee of the State legislature that is responsible for

education policy.

‘‘(D) A representative, selected jointly by the Governor

and the chief State school officer, of at least one eligible

local educational agency.

‘‘(E) A representative, selected jointly by the Governor

and the chief State school officer, of a community-based

organization working with children to improve their

reading skills, particularly a community-based organization

using tutors and scientifically based reading research.

‘‘(F) State directors of appropriate Federal or State

programs with a strong reading component, selected jointly

by the Governor and the chief State school officer.

‘‘(G) A parent of a public or private school student

or a parent who educates the parent’s child in the parent’s

home, selected jointly by the Governor and the chief State

school officer.

‘‘(H) A teacher, who may be a special education teacher,

who successfully teaches reading, and another instructional

staff member, selected jointly by the Governor and the

chief State school officer.

‘‘(I) A family literacy service provider selected jointly

by the Governor and the chief State school officer.

‘‘(3) OPTIONAL PARTICIPANTS.—The reading and literacy

partnership may include additional participants, who shall be

selected jointly by the Governor and the chief State school

officer, and who may include a representative of—

‘‘(A) an institution of higher education operating a

program of teacher preparation in the State that is based

on scientifically based reading research;

‘‘(B) a local educational agency;

115 STAT. 1546 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(C) a private nonprofit or for-profit eligible professional development provider providing instruction based

on scientifically based reading research;

‘‘(D) an adult education provider;

‘‘(E) a volunteer organization that is involved in

reading programs; or

‘‘(F) a school library or a public library that offers

reading or literacy programs for children or families.

‘‘(4) PREEXISTING PARTNERSHIP.—If, before the date of

enactment of the No Child Left Behind Act of 2001, a State

educational agency established a consortium, partnership, or

any other similar body that was considered a reading and

literacy partnership for purposes of part C of title II of this

Act (as such part was in effect on the day before the date

of enactment of No Child Left Behind Act of 2001), that consortium, partnership, or body may be considered a reading and

literacy partnership for purposes of this subsection consistent

with the provisions of this subpart.

‘‘SEC. 1204. TARGETED ASSISTANCE GRANTS.

‘‘(a) ELIGIBILITY CRITERIA FOR AWARDING TARGETED ASSISTANCE

GRANTS TO STATES.—Beginning with fiscal year 2004, from funds

appropriated under section 1202(b)(1)(E), the Secretary shall make

grants, on a competitive basis, to those State educational agencies

that—

‘‘(1) for each of 2 consecutive years, demonstrate that an

increasing percentage of third graders in each of the groups

described in section 1111(b)(2)(C)(v)(II) in the schools served

by the local educational agencies receiving funds under section

1202 are reaching the proficient level in reading; and

‘‘(2) for each of the same such consecutive 2 years, demonstrate that schools receiving funds under section 1202 are

improving the reading skills of students in grades 1, 2, and

3 based on screening, diagnostic, and classroom-based instructional reading assessments.

‘‘(b) CONTINUATION OF PERFORMANCE AWARDS.—For any State

educational agency that receives a competitive grant under this

section, the Secretary shall make an award for each of the succeeding years that the State educational agency demonstrates it

is continuing to meet the criteria described in subsection (a).

‘‘(c) DISTRIBUTION OF TARGETED ASSISTANCE GRANTS.—

‘‘(1) IN GENERAL.—The Secretary shall make a grant to

each State educational agency with an application approved

under this section in an amount that bears the same relation

to the amount made available to carry out this section for

a fiscal year as the number of children counted under section

1124(c) for the State bears to the number of such children

so counted for all States with applications approved for that

year.

‘‘(2) PEER REVIEW.—The peer review panel convened under

section 1203(c)(2) shall review the applications submitted under

this subsection. The panel shall recommend such applications

to the Secretary for funding or for disapproval.

‘‘(3) APPLICATION CONTENTS.—A State educational agency

that desires to receive a grant under this section shall submit

an application to the Secretary at such time, in such manner,

Effective date.

20 USC 6364.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1547

and accompanied by such information as the Secretary may

require. Each such application shall include the following:

‘‘(A) Evidence that the State educational agency has

carried out its obligations under section 1203.

‘‘(B) Evidence that the State educational agency has

met the criteria described in subsection (a).

‘‘(C) The amount of funds requested by the State educational agency and a description of the criteria the State

educational agency intends to use in distributing subgrants

to eligible local educational agencies under this section

to continue or expand activities under subsection (d)(5).

‘‘(D) Evidence that the State educational agency has

increased significantly the percentage of students reading

at grade level or above.

‘‘(E) Any additional evidence that demonstrates success

in the implementation of this section.

‘‘(d) SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) IN GENERAL.—The Secretary may make a grant to

a State educational agency under this section only if the State

educational agency agrees to expend 100 percent of the amount

of the funds provided under the grant for the purpose of making

competitive subgrants in accordance with this subsection to

eligible local educational agencies.

‘‘(2) NOTICE.—A State educational agency receiving a grant

under this section shall provide notice to all local educational

agencies in the State of the availability of competitive subgrants

under this subsection and of the requirements for applying

for the subgrants.

‘‘(3) APPLICATION.—To be eligible to receive a subgrant

under this subsection, an eligible local educational agency shall

submit an application to the State educational agency at such

time, in such manner, and containing such information as

the State educational agency may reasonably require.

‘‘(4) DISTRIBUTION.—

‘‘(A) IN GENERAL.—A State educational agency shall

distribute subgrants under this section through a competitive process based on relative need of eligible local educational agencies and the evidence described in this paragraph.

‘‘(B) EVIDENCE USED IN ALL YEARS.—For all fiscal years,

a State educational agency shall distribute subgrants under

this section based on evidence that an eligible local educational agency—

‘‘(i) satisfies the requirements of section 1202(c)(4);

‘‘(ii) will carry out its obligations under this subpart;

‘‘(iii) will work with other local educational agencies in the State that have not received a subgrant

under this subsection to assist such nonreceiving agencies in increasing the reading achievement of students;

and

‘‘(iv) is meeting the criteria described in subsection

(a).

‘‘(5) LOCAL USES OF FUNDS.—An eligible local educational

agency that receives a subgrant under this subsection—

115 STAT. 1548 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) shall use the funds provided under the subgrant

to carry out the activities described in section 1202(c)(7)(A);

and ‘‘(B) may use such funds to carry out the activities

described in section 1202(c)(7)(B).

‘‘SEC. 1205. EXTERNAL EVALUATION.

‘‘(a) IN GENERAL.—From funds reserved under section

1202(b)(1)(C), the Secretary shall contract with an independent

organization outside of the Department for a 5-year, rigorous, scientifically valid, quantitative evaluation of this subpart. ‘‘(b) PROCESS.—The evaluation under subsection (a) shall be

conducted by an organization that is capable of designing and

carrying out an independent evaluation that identifies the effects

of specific activities carried out by State educational agencies and

local educational agencies under this subpart on improving reading

instruction. Such evaluation shall take into account factors influencing student performance that are not controlled by teachers

or education administrators. ‘‘(c) ANALYSIS.—The evaluation under subsection (a) shall

include the following:

‘‘(1) An analysis of the relationship between each of the

essential components of reading instruction and overall reading

proficiency.

‘‘(2) An analysis of whether assessment tools used by State

educational agencies and local educational agencies measure

the essential components of reading.

‘‘(3) An analysis of how State reading standards correlate

with the essential components of reading instruction.

‘‘(4) An analysis of whether the receipt of a targeted assistance grant under section 1204 results in an increase in the

number of children who read proficiently.

‘‘(5) A measurement of the extent to which specific instructional materials improve reading proficiency.

‘‘(6) A measurement of the extent to which specific

screening, diagnostic, and classroom-based instructional

reading assessments assist teachers in identifying specific

reading deficiencies.

‘‘(7) A measurement of the extent to which professional

development programs implemented by State educational agencies using funds received under this subpart improve reading

instruction.

‘‘(8) A measurement of how well students preparing to

enter the teaching profession are prepared to teach the essential

components of reading instruction.

‘‘(9) An analysis of changes in students’ interest in reading

and time spent reading outside of school.

‘‘(10) Any other analysis or measurement pertinent to this

subpart that is determined to be appropriate by the Secretary.

‘‘(d) PROGRAM IMPROVEMENT.—The findings of the evaluation

conducted under this section shall be provided to State educational

agencies and local educational agencies on a periodic basis for

use in program improvement.

‘‘SEC. 1206. NATIONAL ACTIVITIES.

‘‘From funds reserved under section 1202(b)(1)(C), the

Secretary—

20 USC 6366.

Contracts.

20 USC 6365.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1549

‘‘(1) may provide technical assistance in achieving the purposes of this subpart to State educational agencies, local educational agencies, and schools requesting such assistance; ‘‘(2) shall, at a minimum, evaluate the impact of services

provided to children under this subpart with respect to their

referral to, and eligibility for, special education services under

the Individuals with Disabilities Education Act (based on their

difficulties learning to read); and ‘‘(3) shall carry out the external evaluation as described

in section 1205.

‘‘SEC. 1207. INFORMATION DISSEMINATION.

‘‘(a) IN GENERAL.—From funds reserved under section

1202(b)(1)(D), the National Institute for Literacy, in collaboration

with the Secretary of Education, the Secretary of Health and

Human Services, and the Director of the National Institute for

Child Health and Human Development shall— ‘‘(1) disseminate information on scientifically based reading

research pertaining to children, youth, and adults; ‘‘(2) identify and disseminate information about schools,

local educational agencies, and State educational agencies that

have effectively developed and implemented classroom reading

programs that meet the requirements of this subpart, including

those State educational agencies, local educational agencies,

and schools that have been identified as effective through the

evaluation and peer review provisions of this subpart; and ‘‘(3) support the continued identification and dissemination

of information on reading programs that contain the essential

components of reading instruction as supported by scientifically

based reading research, that can lead to improved reading

outcomes for children, youth, and adults.

‘‘(b) DISSEMINATION AND COORDINATION.—At a minimum, the

National Institute for Literacy shall disseminate the information

described in subsection (a) to— ‘‘(1) recipients of Federal financial assistance under this

title, title III, the Head Start Act, the Individuals with Disabilities Education Act, and the Adult Education and Family Literacy Act; and ‘‘(2) each Bureau funded school (as defined in section 1141

of the Education Amendments of 1978).

‘‘(c) USE OF EXISTING NETWORKS.—In carrying out this section,

the National Institute for Literacy shall, to the extent practicable,

use existing information and dissemination networks developed and

maintained through other public and private entities including

through the Department and the National Center for Family Literacy. ‘‘(d) NATIONAL INSTITUTE FOR LITERACY.—For purposes of funds

reserved under section 1202(b)(1)(D) to carry out this section, the

National Institute for Literacy shall administer such funds in

accordance with section 242(b) of Public Law 105–220 (relating

to the establishment and administration of the National Institute

for Literacy).

‘‘SEC. 1208. DEFINITIONS.

‘‘In this subpart:

‘‘(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—The term

‘eligible local educational agency’ means a local educational

agency that—

20 USC 6368.

20 USC 6367.

115 STAT. 1550 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) is among the local educational agencies in the

State with the highest numbers or percentages of students

in kindergarten through grade 3 reading below grade level,

based on the most currently available data; and

‘‘(B) has—

‘‘(i) jurisdiction over a geographic area that

includes an area designated as an empowerment zone,

or an enterprise community, under part I of subchapter

U of chapter 1 of the Internal Revenue Code of 1986;

‘‘(ii) jurisdiction over a significant number or

percentage of schools that are identified for school

improvement under section 1116(b); or

‘‘(iii) the highest numbers or percentages of children who are counted under section 1124(c), in

comparison to other local educational agencies in the

State.

‘‘(2) ELIGIBLE PROFESSIONAL DEVELOPMENT PROVIDER.—The

term ‘eligible professional development provider’ means a provider of professional development in reading instruction to

teachers, including special education teachers, that is based

on scientifically based reading research.

‘‘(3) ESSENTIAL COMPONENTS OF READING INSTRUCTION.—

The term ‘essential components of reading instruction’ means

explicit and systematic instruction in—

‘‘(A) phonemic awareness;

‘‘(B) phonics;

‘‘(C) vocabulary development;

‘‘(D) reading fluency, including oral reading skills; and

‘‘(E) reading comprehension strategies.

‘‘(4) INSTRUCTIONAL STAFF.—The term ‘instructional staff’—

‘‘(A) means individuals who have responsibility for

teaching children to read; and

‘‘(B) includes principals, teachers, supervisors of

instruction, librarians, library school media specialists,

teachers of academic subjects other than reading, and other

individuals who have responsibility for assisting children

to learn to read.

‘‘(5) READING.—The term ‘reading’ means a complex system

of deriving meaning from print that requires all of the following:

‘‘(A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print.

‘‘(B) The ability to decode unfamiliar words.

‘‘(C) The ability to read fluently.

‘‘(D) Sufficient background information and vocabulary

to foster reading comprehension.

‘‘(E) The development of appropriate active strategies

to construct meaning from print.

‘‘(F) The development and maintenance of a motivation

to read.

‘‘(6) SCIENTIFICALLY BASED READING RESEARCH.—The term

‘scientifically based reading research’ means research that—

‘‘(A) applies rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading

development, reading instruction, and reading difficulties;

and

‘‘(B) includes research that—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1551

‘‘(i) employs systematic, empirical methods that

draw on observation or experiment;

‘‘(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the

general conclusions drawn;

‘‘(iii) relies on measurements or observational

methods that provide valid data across evaluators and

observers and across multiple measurements and

observations; and

‘‘(iv) has been accepted by a peer-reviewed journal

or approved by a panel of independent experts through

a comparably rigorous, objective, and scientific review.

‘‘(7) SCREENING, DIAGNOSTIC, AND CLASSROOM-BASED

INSTRUCTIONAL READING ASSESSMENTS.—

‘‘(A) IN GENERAL.—The term ‘screening, diagnostic, and

classroom-based instructional reading assessments’

means—

‘‘(i) screening reading assessments;

‘‘(ii) diagnostic reading assessments; and

‘‘(iii) classroom-based instructional reading assessments.

‘‘(B) SCREENING READING ASSESSMENT.—The term

‘screening reading assessment’ means an assessment that

is—

‘‘(i) valid, reliable, and based on scientifically based

reading research; and

‘‘(ii) a brief procedure designed as a first step in

identifying children who may be at high risk for

delayed development or academic failure and in need

of further diagnosis of their need for special services

or additional reading instruction.

‘‘(C) DIAGNOSTIC READING ASSESSMENT.—The term

‘diagnostic reading assessment’ means an assessment that

is—

‘‘(i) valid, reliable, and based on scientifically based

reading research; and

‘‘(ii) used for the purpose of—

‘‘(I) identifying a child’s specific areas of

strengths and weaknesses so that the child has

learned to read by the end of grade 3;

‘‘(II) determining any difficulties that a child

may have in learning to read and the potential

cause of such difficulties; and

‘‘(III) helping to determine possible reading

intervention strategies and related special needs.

‘‘(D) CLASSROOM-BASED INSTRUCTIONAL READING

ASSESSMENT.—The term ‘classroom-based instructional

reading assessment’ means an assessment that—

‘‘(i) evaluates children’s learning based on systematic observations by teachers of children performing

academic tasks that are part of their daily classroom

experience; and

‘‘(ii) is used to improve instruction in reading,

including classroom instruction.

115 STAT. 1552 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Subpart 2—Early Reading First

‘‘SEC. 1221. PURPOSES; DEFINITIONS.

‘‘(a) PURPOSES.—The purposes of this subpart are as follows:

‘‘(1) To support local efforts to enhance the early language,

literacy, and prereading development of preschool age children,

particularly those from low-income families, through strategies

and professional development that are based on scientifically

based reading research.

‘‘(2) To provide preschool age children with cognitive

learning opportunities in high-quality language and literaturerich environments, so that the children can attain the fundamental knowledge and skills necessary for optimal reading

development in kindergarten and beyond.

‘‘(3) To demonstrate language and literacy activities based

on scientifically based reading research that supports the ageappropriate development of—

‘‘(A) recognition, leading to automatic recognition, of

letters of the alphabet;

‘‘(B) knowledge of letter sounds, the blending of sounds,

and the use of increasingly complex vocabulary;

‘‘(C) an understanding that written language is composed of phonemes and letters each representing one or

more speech sounds that in combination make up syllables,

words, and sentences;

‘‘(D) spoken language, including vocabulary and oral

comprehension abilities; and

‘‘(E) knowledge of the purposes and conventions of

print.

‘‘(4) To use screening assessments to effectively identify

preschool age children who may be at risk for reading failure.

‘‘(5) To integrate such scientific reading research-based

instructional materials and literacy activities with existing programs of preschools, child care agencies and programs, Head

Start centers, and family literacy services.

‘‘(b) DEFINITIONS.—For purposes of this subpart:

‘‘(1) ELIGIBLE APPLICANT.—The term ‘eligible applicant’

means—

‘‘(A) one or more local educational agencies that are

eligible to receive a subgrant under subpart 1;

‘‘(B) one or more public or private organizations or

agencies, acting on behalf of one or more programs that

serve preschool age children (such as a program at a Head

Start center, a child care program, or a family literacy

program), which organizations or agencies shall be located

in a community served by a local educational agency

described in subparagraph (A); or

‘‘(C) one or more local educational agencies described

in subparagraph (A) in collaboration with one or more

organizations or agencies described in subparagraph (B).

‘‘(2) SCIENTIFICALLY BASED READING RESEARCH.—The term

‘scientifically based reading research’ has the same meaning

given to that term in section 1208.

‘‘(3) SCREENING READING ASSESSMENT.—The term ‘screening

reading assessment’ has the same meaning given to that term

in section 1208.

20 USC 6371.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1553

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

‘‘(a) PROGRAM AUTHORIZED.—From amounts appropriated under

section 1002(b)(2), the Secretary shall award grants, on a competitive basis, for periods of not more than 6 years, to eligible applicants

to enable the eligible applicants to carry out the authorized activities described in subsection (d).

‘‘(b) APPLICATIONS.—An eligible applicant that desires to receive

a grant under this section shall submit an application to the Secretary, which shall include a description of—

‘‘(1) the programs to be served by the proposed project,

including demographic and socioeconomic information on the

preschool age children enrolled in the programs;

‘‘(2) how the proposed project will enhance the school readiness of preschool age children in high-quality oral language

and literature-rich environments;

‘‘(3) how the proposed project will prepare and provide

ongoing assistance to staff in the programs, through professional development and other support, to provide high-quality

language, literacy, and prereading activities using scientifically

based reading research, for preschool age children;

‘‘(4) how the proposed project will provide services and

use instructional materials that are based on scientifically

based reading research on early language acquisition,

prereading activities, and the development of spoken vocabulary

skills;

‘‘(5) how the proposed project will help staff in the programs

to meet more effectively the diverse needs of preschool age

children in the community, including such children with limited

English proficiency, disabilities, or other special needs;

‘‘(6) how the proposed project will integrate such instructional materials and literacy activities with existing preschool

programs and family literacy services;

‘‘(7) how the proposed project will help children, particularly

children experiencing difficulty with spoken language,

prereading, and early reading skills, to make the transition

from preschool to formal classroom instruction in school;

‘‘(8) if the eligible applicant has received a subgrant under

subpart 1, how the activities conducted under this subpart

will be coordinated with the eligible applicant’s activities under

subpart 1 at the kindergarten through grade 3 level;

‘‘(9) how the proposed project will evaluate the success

of the activities supported under this subpart in enhancing

the early language, literacy, and prereading development of

preschool age children served by the project; and

‘‘(10) such other information as the Secretary may require.

‘‘(c) APPROVAL OF LOCAL APPLICATIONS.—The Secretary shall

select applicants for funding under this subpart based on the quality

of the applications and the recommendations of a peer review panel

convened under section 1203(c)(2), that includes, at a minimum,

three individuals, selected from the entities described in clauses

(ii), (iii), and (iv) of section 1203(c)(2)(A), who are experts in early

reading development and early childhood development.

‘‘(d) AUTHORIZED ACTIVITIES.—An eligible applicant that

receives a grant under this subpart shall use the funds provided

under the grant to carry out the following activities:

20 USC 6372.

115 STAT. 1554 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) Providing preschool age children with high-quality oral

language and literature-rich environments in which to acquire

language and prereading skills. ‘‘(2) Providing professional development that is based on

scientifically based reading research knowledge of early language and reading development for the staff of the eligible

applicant and that will assist in developing the preschool age

children’s—

‘‘(A) recognition, leading to automatic recognition, of

letters of the alphabet, knowledge of letters, sounds,

blending of letter sounds, and increasingly complex vocabulary;‘‘(B) understanding that written language is composed

of phonemes and letters each representing one or more

speech sounds that in combination make up syllables,

words, and sentences; ‘‘(C) spoken language, including vocabulary and oral

comprehension abilities; and

‘‘(D) knowledge of the purposes and conventions of

print.

‘‘(3) Identifying and providing activities and instructional

materials that are based on scientifically based reading

research for use in developing the skills and abilities described

in paragraph (2).

‘‘(4) Acquiring, providing training for, and implementing

screening reading assessments or other appropriate measures

that are based on scientifically based reading research to determine whether preschool age children are developing the skills

described in this subsection.

‘‘(5) Integrating such instructional materials, activities,

tools, and measures into the programs offered by the eligible

applicant.

‘‘(e) AWARD AMOUNTS.—The Secretary may establish a maximum award amount, or ranges of award amounts, for grants under

this subpart.

‘‘SEC. 1223. FEDERAL ADMINISTRATION.

‘‘The Secretary shall consult with the Secretary of Health and

Human Services to coordinate the activities under this subpart

with preschool age programs administered by the Department of

Health and Human Services.

‘‘SEC. 1224. INFORMATION DISSEMINATION.

‘‘From the funds the National Institute for Literacy receives

under section 1202(b)(1)(D), the National Institute for Literacy,

in consultation with the Secretary, shall disseminate information

regarding projects assisted under this subpart that have proven

effective.

‘‘SEC. 1225. REPORTING REQUIREMENTS.

‘‘Each eligible applicant receiving a grant under this subpart

shall report annually to the Secretary regarding the eligible

applicant’s progress in addressing the purposes of this subpart.

Such report shall include, at a minimum, a description of—

‘‘(1) the research-based instruction, materials, and activities

being used in the programs funded under the grant;

‘‘(2) the types of programs funded under the grant and

the ages of children served by such programs;

20 USC 6375.

20 USC 6374.

20 USC 6373.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1555

‘‘(3) the qualifications of the program staff who provide

early literacy instruction under such programs and the type

of ongoing professional development provided to such staff;

and

‘‘(4) the results of the evaluation described in section

1222(b)(9).

‘‘SEC. 1226. EVALUATION.

‘‘(a) IN GENERAL.—From the total amount made available under

section 1002(b)(2) for the period beginning October 1, 2002, and

ending September 30, 2006, the Secretary shall reserve not more

than $3,000,000 to conduct an independent evaluation of the

effectiveness of this subpart. ‘‘(b) REPORTS.— ‘‘(1) INTERIM REPORT.—Not later than October 1, 2004,

the Secretary shall submit an interim report to the Committee

on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and

Pensions of the Senate. ‘‘(2) FINAL REPORT.—Not later than September 30, 2006,

the Secretary shall submit a final report to the committees

described in paragraph (1).

‘‘(c) CONTENTS.—The reports submitted under subsection (b)

shall include information on the following:

‘‘(1) How the grant recipients under this subpart are

improving the prereading skills of preschool children.

‘‘(2) The effectiveness of the professional development program assisted under this subpart.

‘‘(3) How early childhood teachers are being prepared with

scientifically based reading research on early reading development.

‘‘(4) What activities and instructional practices are most

effective.

‘‘(5) How prereading instructional materials and literacy

activities based on scientifically based reading research are

being integrated into preschools, child care agencies and programs, programs carried out under the Head Start Act, and

family literacy programs.

‘‘(6) Any recommendations on strengthening or modifying

this subpart.

‘‘Subpart 3—William F. Goodling Even Start

Family Literacy Programs

‘‘SEC. 1231. STATEMENT OF PURPOSE.

‘‘It is the purpose of this subpart to help break the cycle

of poverty and illiteracy by—

‘‘(1) improving the educational opportunities of the Nation’s

low-income families by integrating early childhood education,

adult literacy or adult basic education, and parenting education

into a unified family literacy program, to be referred to as

‘Even Start’; and

‘‘(2) establishing a program that shall—

‘‘(A) be implemented through cooperative projects that

build on high-quality existing community resources to

create a new range of services;

20 USC 6381.

Deadlines.

Effective date.

Termination

date.

20 USC 6376.

115 STAT. 1556 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) promote the academic achievement of children

and adults;

‘‘(C) assist children and adults from low-income families to achieve to challenging State content standards and

challenging State student achievement standards; and

‘‘(D) use instructional programs based on scientifically

based reading research and addressing the prevention of

reading difficulties for children and adults, to the extent

such research is available.

‘‘SEC. 1232. PROGRAM AUTHORIZED.

‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLYING AREAS,

AND INDIAN TRIBES.—

‘‘(1) IN GENERAL.—For each fiscal year, the Secretary shall

reserve 5 percent of the amount appropriated under section

1002(b)(3) (or, if such appropriated amount exceeds

$200,000,000, 6 percent of such amount) for programs, under

such terms and conditions as the Secretary shall establish,

that are consistent with the purpose of this subpart, and

according to their relative needs, for—

‘‘(A) children of migratory workers;

‘‘(B) the outlying areas; and

‘‘(C) Indian tribes and tribal organizations.

‘‘(2) SPECIAL RULE.—After December 21, 2000, the Secretary

shall award a grant, on a competitive basis, of sufficient size

and for a period of sufficient duration to demonstrate the

effectiveness of a family literacy program in a prison that

houses women and their preschool age children and that has

the capability of developing a program of high quality.

‘‘(3) COORDINATION OF PROGRAMS FOR AMERICAN INDIANS.—

The Secretary shall ensure that programs under paragraph

(1)(C) are coordinated with family literacy programs operated

by the Bureau of Indian Affairs in order to avoid duplication

and to encourage the dissemination of information on highquality family literacy programs serving American Indians.

‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—

‘‘(1) EVALUATION, TECHNICAL ASSISTANCE, PROGRAM

IMPROVEMENT, AND REPLICATION ACTIVITIES.—Subject to paragraph (2), from amounts appropriated under section 1002(b)(3),

the Secretary may reserve not more than 3 percent of such

amounts for purposes of—

‘‘(A) carrying out the evaluation required by section

1239; and

‘‘(B) providing, through grants or contracts with eligible

organizations, technical assistance, program improvement,

and replication activities.

‘‘(2) RESEARCH.—In any fiscal year, if the amount appropriated under section 1002(b)(3) for such year—

‘‘(A) is equal to or less than the amount appropriated

for the preceding fiscal year, the Secretary may reserve

from such amount only the amount necessary to continue

multi-year activities carried out pursuant to section 1241(b)

that began during or prior to the fiscal year preceding

the fiscal year for which the determination is made; or

‘‘(B) exceeds the amount appropriated for the preceding

fiscal year, then the Secretary shall reserve from such

20 USC 6381a.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1557

excess amount $2,000,000 or 50 percent, whichever is less,

to carry out section 1241(b).

‘‘(c) RESERVATION FOR GRANTS.—

‘‘(1) GRANTS AUTHORIZED.—

‘‘(A) IN GENERAL.—For any fiscal year for which at

least one State educational agency applies and submits

an application that meets the requirements and goals of

this subsection and for which the amount appropriated

under section 1002(b)(3) exceeds the amount appropriated

under that section for the preceding fiscal year, the Secretary shall reserve, from the amount of the excess

remaining after the application of subsection (b)(2), the

amount of the remainder or $1,000,000, whichever is less,

to award grants, on a competitive basis, to State educational agencies to enable them to plan and implement

statewide family literacy initiatives to coordinate and,

where appropriate, integrate existing Federal, State, and

local literacy resources consistent with the purposes of

this subpart.

‘‘(B) COORDINATION AND INTEGRATION.—The coordination and integration described in subparagraph (A) shall

include coordination and integration of funds available

under the Adult Education and Family Literacy Act, the

Head Start Act, this subpart, part A of this title, and

part A of title IV of the Social Security Act.

‘‘(C) RESTRICTION.—No State educational agency may

receive more than one grant under this subsection.

‘‘(2) CONSORTIA.—

‘‘(A) ESTABLISHMENT.—To receive a grant under this

subsection, a State educational agency shall establish a

consortium of State-level programs under the following

provisions of laws:

‘‘(i) This title (other than part D).

‘‘(ii) The Head Start Act.

‘‘(iii) The Adult Education and Family Literacy

Act.

‘‘(iv) All other State-funded preschool programs

and programs providing literacy services to adults.

‘‘(B) PLAN.—To receive a grant under this subsection,

the consortium established by a State educational agency

shall create a plan to use a portion of the State educational

agency’s resources, derived from the programs referred to

in subparagraph (A), to strengthen and expand family literacy services in the State.

‘‘(C) COORDINATION WITH SUBPART 1.—The consortium

shall coordinate its activities under this paragraph with

the activities of the reading and literacy partnership for

the State educational agency established under section

1203(d), if the State educational agency receives a grant

under section 1202.

‘‘(3) READING INSTRUCTION.—Statewide family literacy initiatives implemented under this subsection shall base reading

instruction on scientifically based reading research.

‘‘(4) TECHNICAL ASSISTANCE.—The Secretary shall provide,

directly or through a grant or contract with an organization

with experience in the development and operation of successful

115 STAT. 1558 PUBLIC LAW 107–110—JAN. 8, 2002

family literacy services, technical assistance to State educational agencies receiving a grant under this subsection. ‘‘(5) MATCHING REQUIREMENT.—The Secretary shall not

make a grant to a State educational agency under this subsection unless the State educational agency agrees that, with

respect to the costs to be incurred by the eligible consortium

in carrying out the activities for which the grant was awarded,

the State educational agency will make available non-Federal

contributions in an amount equal to not less than the Federal

funds provided under the grant.

‘‘(d) STATE EDUCATIONAL AGENCY ALLOCATION.— ‘‘(1) IN GENERAL.—From amounts appropriated under section 1002(b)(3) and not reserved under subsection (a), (b), or

(c), the Secretary shall make grants to State educational agencies from allocations under paragraph (2). ‘‘(2) ALLOCATIONS.—Except as provided in paragraph (3),

from the total amount available under paragraph (1) for allocation to State educational agencies in any fiscal year, each

State educational agency shall be eligible to receive a grant

under paragraph (1) in an amount that bears the same ratio

to the total amount as the amount allocated under part A

to that State educational agency bears to the total amount

allocated under that part to all State educational agencies. ‘‘(3) MINIMUM.—No State educational agency shall receive

a grant under paragraph (1) in any fiscal year in an amount

that is less than $250,000, or one-half of 1 percent of the

amount appropriated under section 1002(b)(3) and not reserved

under subsections (a), (b), and (c) for such year, whichever

is greater.

‘‘(e) DEFINITIONS.—For the purpose of this subpart—

‘‘(1) the term ‘eligible entity’ means a partnership composed

of—

‘‘(A) a local educational agency; and

‘‘(B) a nonprofit community-based organization, a

public agency other than a local educational agency, an

institution of higher education, or a public or private nonprofit organization other than a local educational agency,

of demonstrated quality;

‘‘(2) the term ‘eligible organization’ means any public or

private nonprofit organization with a record of providing effective services to family literacy providers, such as the National

Center for Family Literacy, Parents as Teachers, Inc., the Home

Instruction Program for Preschool Youngsters, and the Home

and School Institute, Inc.;

‘‘(3) the terms ‘Indian tribe’ and ‘tribal organization’ have

the meanings given those terms in section 4 of the Indian

Self-Determination and Education Assistance Act;

‘‘(4) the term ‘scientifically based reading research’ has

the meaning given that term in section 1208; and

‘‘(5) the term ‘State’ means each of the 50 States, the

District of Columbia, and the Commonwealth of Puerto Rico.

‘‘SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS.

‘‘(a) STATE EDUCATIONAL AGENCY LEVEL ACTIVITIES.—Each

State educational agency that receives a grant under section

1232(d)(1) may use not more than a total of 6 percent of the

grant funds for the costs of—

20 USC 6381b.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1559

‘‘(1) administration, which amount shall not exceed half

of the total; ‘‘(2) providing, through one or more subgrants or contracts,

technical assistance for program improvement and replication,

to eligible entities that receive subgrants under subsection (b);

and

‘‘(3) carrying out sections 1240 and 1234(c).

‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.— ‘‘(1) IN GENERAL.—Each State educational agency shall use

the grant funds received under section 1232(d)(1) and not

reserved under subsection (a) to award subgrants to eligible

entities to carry out Even Start programs. ‘‘(2) MINIMUM SUBGRANT AMOUNTS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), no State educational agency shall award

a subgrant under paragraph (1) in an amount less than

$75,000. ‘‘(B) SUBGRANTEES IN NINTH AND SUCCEEDING YEARS.—

No State educational agency shall award a subgrant under

paragraph (1) in an amount less than $52,500 to an eligible

entity for a fiscal year to carry out an Even Start program

that is receiving assistance under this subpart or its predecessor authority for the ninth (or any subsequent) fiscal

year.

‘‘(C) EXCEPTION FOR SINGLE SUBGRANT.—A State educational agency may award one subgrant in each fiscal

year of sufficient size, scope, and quality to be effective

in an amount less than $75,000 if, after awarding subgrants

under paragraph (1) for that fiscal year in accordance with

subparagraphs (A) and (B), less than $75,000 is available

to the State educational agency to award those subgrants.

‘‘SEC. 1234. USES OF FUNDS.

‘‘(a) IN GENERAL.—In carrying out an Even Start program

under this subpart, a recipient of funds under this subpart shall

use those funds to pay the Federal share of the cost of providing

intensive family literacy services that involve parents and children,

from birth through age 7, in a cooperative effort to help parents

become full partners in the education of their children and to

assist children in reaching their full potential as learners.

‘‘(b) FEDERAL SHARE LIMITATION.—

‘‘(1) IN GENERAL.—

‘‘(A) FEDERAL SHARE.—Except as provided in paragraph

(2), the Federal share under this subpart may not exceed—

‘‘(i) 90 percent of the total cost of the program

in the first year that the program receives assistance

under this subpart or its predecessor authority;

‘‘(ii) 80 percent in the second year;

‘‘(iii) 70 percent in the third year;

‘‘(iv) 60 percent in the fourth year;

‘‘(v) 50 percent in the fifth, sixth, seventh, and

eighth such years; and

‘‘(vi) 35 percent in any subsequent year.

‘‘(B) REMAINING COST.—The remaining cost of a program assisted under this subpart may be provided in cash

or in kind, fairly evaluated, and may be obtained from

any source, including other Federal funds under this Act.

20 USC 6381c.

115 STAT. 1560 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) WAIVER.—The State educational agency may waive,

in whole or in part, the Federal share described in paragraph

(1) for an eligible entity if the entity—

‘‘(A) demonstrates that it otherwise would not be able

to participate in the program assisted under this subpart;

and

‘‘(B) negotiates an agreement with the State educational agency with respect to the amount of the remaining

cost to which the waiver will be applicable.

‘‘(3) PROHIBITION.—Federal funds provided under this subpart may not be used for the indirect costs of a program

assisted under this subpart, except that the Secretary may

waive this paragraph if an eligible recipient of funds reserved

under section 1232(a)(1)(C) demonstrates to the Secretary’s

satisfaction that the recipient otherwise would not be able

to participate in the program assisted under this subpart.

‘‘(c) USE OF FUNDS FOR FAMILY LITERACY SERVICES.—

‘‘(1) IN GENERAL.—A State educational agency may use

a portion of funds reserved under section 1233(a), to assist

eligible entities receiving a subgrant under section 1233(b) in

improving the quality of family literacy services provided under

Even Start programs under this subpart, except that in no

case may a State educational agency’s use of funds for this

purpose for a fiscal year result in a decrease from the level

of activities and services provided to program participants in

the preceding year.

‘‘(2) PRIORITY.—In carrying out paragraph (1), a State educational agency shall give priority to programs that were of

low quality, as evaluated based on the indicators of program

quality developed by the State educational agency under section

1240.

‘‘(3) TECHNICAL ASSISTANCE TO HELP LOCAL PROGRAMS RAISE

ADDITIONAL FUNDS.—In carrying out paragraph (1), a State

educational agency may use the funds referred to in that paragraph to provide technical assistance to help local programs

of demonstrated effectiveness to access and leverage additional

funds for the purpose of expanding services and reducing

waiting lists, including requesting and applying for non-Federal

resources.

‘‘(4) TECHNICAL ASSISTANCE AND TRAINING.—Assistance

under paragraph (1) shall be in the form of technical assistance

and training, provided by a State educational agency through

a grant, contract, or cooperative agreement with an entity

that has experience in offering high-quality training and technical assistance to family literacy providers.

‘‘SEC. 1235. PROGRAM ELEMENTS.

‘‘Each program assisted under this subpart shall—

‘‘(1) include the identification and recruitment of families

most in need of services provided under this subpart, as

indicated by a low level of income, a low level of adult literacy

or English language proficiency of the eligible parent or parents,

and other need-related indicators;

‘‘(2) include screening and preparation of parents, including

teenage parents, and children to enable those parents and

20 USC 6381d.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1561

children to participate fully in the activities and services provided under this subpart, including testing, referral to necessary counselling, other developmental and support services,

and related services;

‘‘(3) be designed to accommodate the participants’ work

schedule and other responsibilities, including the provision of

support services, when those services are unavailable from

other sources, necessary for participation in the activities

assisted under this subpart, such as—

‘‘(A) scheduling and locating of services to allow joint

participation by parents and children;

‘‘(B) child care for the period that parents are involved

in the program provided under this subpart; and

‘‘(C) transportation for the purpose of enabling parents

and their children to participate in programs authorized

by this subpart;

‘‘(4) include high-quality, intensive instructional programs

that promote adult literacy and empower parents to support

the educational growth of their children, developmentally

appropriate early childhood educational services, and preparation of children for success in regular school programs;

‘‘(5) with respect to the qualifications of staff the cost

of whose salaries are paid, in whole or in part, with Federal

funds provided under this subpart, ensure that—

‘‘(A) not later than December 21, 2004—

‘‘(i) a majority of the individuals providing academic instruction—

‘‘(I) shall have obtained an associate’s, bachelor’s, or graduate degree in a field related to

early childhood education, elementary school or

secondary school education, or adult education; and

‘‘(II) if applicable, shall meet qualifications

established by the State for early childhood education, elementary school or secondary school education, or adult education provided as part of an

Even Start program or another family literacy program;

‘‘(ii) the individual responsible for administration

of family literacy services under this subpart has

received training in the operation of a family literacy

program; and

‘‘(iii) paraprofessionals who provide support for

academic instruction have a secondary school diploma

or its recognized equivalent; and

‘‘(B) all new personnel hired to provide academic

instruction—

‘‘(i) have obtained an associate’s, bachelor’s, or

graduate degree in a field related to early childhood

education, elementary school or secondary school education, or adult education; and

‘‘(ii) if applicable, meet qualifications established

by the State for early childhood education, elementary

school or secondary school education, or adult education provided as part of an Even Start program

or another family literacy program;

Deadline.

115 STAT. 1562 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(6) include special training of staff, including child-care

staff, to develop the skills necessary to work with parents

and young children in the full range of instructional services

offered through this subpart;

‘‘(7) provide and monitor integrated instructional services

to participating parents and children through home-based programs;

‘‘(8) operate on a year-round basis, including the provision

of some program services, including instructional and enrichment services, during the summer months;

‘‘(9) be coordinated with—

‘‘(A) other programs assisted under this Act;

‘‘(B) any relevant programs under the Adult Education

and Family Literacy Act, the Individuals with Disabilities

Education Act, and title I of the Workforce Investment

Act of 1998; and

‘‘(C) the Head Start program, volunteer literacy programs, and other relevant programs;

‘‘(10) use instructional programs based on scientifically

based reading research for children and adults, to the extent

that research is available;

‘‘(11) encourage participating families to attend regularly

and to remain in the program a sufficient time to meet their

program goals;

‘‘(12) include reading-readiness activities for preschool children based on scientifically based reading research, to the

extent available, to ensure that children enter school ready

to learn to read;

‘‘(13) if applicable, promote the continuity of family literacy

to ensure that individuals retain and improve their educational

outcomes;

‘‘(14) ensure that the programs will serve those families

most in need of the activities and services provided by this

subpart; and

‘‘(15) provide for an independent evaluation of the program,

to be used for program improvement.

‘‘SEC. 1236. ELIGIBLE PARTICIPANTS.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), eligible

participants in an Even Start program are—

‘‘(1) a parent or parents—

‘‘(A) who are eligible for participation in adult education and literacy activities under the Adult Education

and Family Literacy Act; or

‘‘(B) who are within the State’s compulsory school

attendance age range, so long as a local educational agency

provides (or ensures the availability of) the basic education

component required under this subpart, or who are

attending secondary school; and

‘‘(2) the child or children, from birth through age 7, of

any individual described in paragraph (1).

‘‘(b) ELIGIBILITY FOR CERTAIN OTHER PARTICIPANTS.—

‘‘(1) IN GENERAL.—Family members of eligible participants

described in subsection (a) may participate in activities and

services provided under this subpart, when appropriate to serve

the purpose of this subpart.

20 USC 6381e.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1563

‘‘(2) SPECIAL RULE.—Any family participating in a program

assisted under this subpart that becomes ineligible to participate as a result of one or more members of the family becoming

ineligible to participate may continue to participate in the

program until all members of the family become ineligible

to participate, which—

‘‘(A) in the case of a family in which ineligibility was

due to the child or children of the family attaining the

age of 8, shall be in 2 years or when the parent or parents

become ineligible due to educational advancement, whichever occurs first; and

‘‘(B) in the case of a family in which ineligibility was

due to the educational advancement of the parent or parents of the family, shall be when all children in the family

attain the age of 8.

‘‘(3) CHILDREN 8 YEARS OF AGE OR OLDER.—If an Even

Start program assisted under this subpart collaborates with

a program under part A, and funds received under the part

A program contribute to paying the cost of providing programs

under this subpart to children 8 years of age or older, the

Even Start program may, notwithstanding subsection (a)(2),

permit the participation of children 8 years of age or older

if the focus of the program continues to remain on families

with young children.

‘‘SEC. 1237. APPLICATIONS.

‘‘(a) SUBMISSION.—To be eligible to receive a subgrant under

this subpart, an eligible entity shall submit an application to the

State educational agency in such form and containing or accompanied by such information as the State educational agency shall

require.

‘‘(b) REQUIRED DOCUMENTATION.—Each application shall

include documentation, satisfactory to the State educational agency,

that the eligible entity has the qualified personnel needed—

‘‘(1) to develop, administer, and implement an Even Start

program under this subpart; and

‘‘(2) to provide access to the special training necessary

to prepare staff for the program, which may be offered by

an eligible organization.

‘‘(c) PLAN.—

‘‘(1) IN GENERAL.—The application shall also include a plan

of operation and continuous improvement for the program, that

includes—

‘‘(A) a description of the program objectives, strategies

to meet those objectives, and how those strategies and

objectives are consistent with the program indicators established by the State;

‘‘(B) a description of the activities and services that

will be provided under the program, including a description

of how the program will incorporate the program elements

required by section 1235;

‘‘(C) a description of the population to be served and

an estimate of the number of participants to be served;

‘‘(D) as appropriate, a description of the applicant’s

collaborative efforts with institutions of higher education,

community-based organizations, the State educational

agency, private elementary schools, or other eligible

20 USC 6381f.

115 STAT. 1564 PUBLIC LAW 107–110—JAN. 8, 2002

organizations in carrying out the program for which assistance is sought;

‘‘(E) a statement of the methods that will be used—

‘‘(i) to ensure that the programs will serve families

most in need of the activities and services provided

by this subpart;

‘‘(ii) to provide services under this subpart to

individuals with special needs, such as individuals with

limited English proficiency and individuals with

disabilities; and

‘‘(iii) to encourage participants to remain in the

program for a time sufficient to meet the program’s

purpose;

‘‘(F) a description of how the plan is integrated with

other programs under this Act or other Acts, as appropriate;

and

‘‘(G) a description of how the plan provides for rigorous

and objective evaluation of progress toward the program

objectives described in subparagraph (A) and for continuing

use of evaluation data for program improvement.

‘‘(2) DURATION OF THE PLAN.—Each plan submitted under

paragraph (1) shall—

‘‘(A) remain in effect for the duration of the eligible

entity’s participation under this subpart; and

‘‘(B) be periodically reviewed and revised by the eligible

entity as necessary.

‘‘(d) CONSOLIDATED APPLICATION.—The plan described in subsection (c)(1) may be submitted as part of a consolidated application

under section 9305.

‘‘SEC. 1238. AWARD OF SUBGRANTS.

‘‘(a) SELECTION PROCESS.—

‘‘(1) IN GENERAL.—The State educational agency shall

establish a review panel in accordance with paragraph (3) that

will approve applications that—

‘‘(A) are most likely to be successful in—

‘‘(i) meeting the purpose of this subpart; and

‘‘(ii) effectively implementing the program elements required under section 1235;

‘‘(B) demonstrate that the area to be served by the

program has a high percentage or a large number of children and families who are in need of those services as

indicated by high levels of poverty, illiteracy, unemployment, limited English proficiency, or other need-related

indicators, such as a high percentage of children to be

served by the program who reside in a school attendance

area served by a local educational agency eligible for

participation in programs under part A, a high number

or percentage of parents who have been victims of domestic

violence, or a high number or percentage of parents who

are receiving assistance under a State program funded

under part A of title IV of the Social Security Act (42

U.S.C. 601 et seq.);

‘‘(C) provide services for at least a 3-year age range,

which may begin at birth;

20 USC 6381g.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1565

‘‘(D) demonstrate the greatest possible cooperation and

coordination between a variety of relevant service providers

in all phases of the program; ‘‘(E) include cost-effective budgets, given the scope of

the application;

‘‘(F) demonstrate the applicant’s ability to provide the

non-Federal share required by section 1234(b);

‘‘(G) are representative of urban and rural regions of

the State; and

‘‘(H) show the greatest promise for providing models

that may be adopted by other family literacy projects and

other local educational agencies.

‘‘(2) PRIORITY FOR SUBGRANTS.—The State educational

agency shall give priority for subgrants under this subsection

to applications that— ‘‘(A) target services primarily to families described in

paragraph (1)(B); or ‘‘(B) are located in areas designated as empowerment

zones or enterprise communities.

‘‘(3) REVIEW PANEL.—A review panel shall consist of at

least three members, including one early childhood professional,

one adult education professional, and one individual with expertise in family literacy programs, and may include other individuals, such as one or more of the following:

‘‘(A) A representative of a parent-child education

organization.

‘‘(B) A representative of a community-based literacy

organization.

‘‘(C) A member of a local board of education.

‘‘(D) A representative of business and industry with

a commitment to education.

‘‘(E) An individual who has been involved in the

implementation of programs under this title in the State.

‘‘(b) DURATION.—

‘‘(1) IN GENERAL.—Subgrants under this subpart may be

awarded for a period not to exceed 4 years.

‘‘(2) STARTUP PERIOD.—The State educational agency may

provide subgrant funds to an eligible recipient, at the recipient’s

request, for a 3- to 6-month start-up period during the first

year of the 4-year grant period, which may include staff recruitment and training, and the coordination of services, before

requiring full implementation of the program.

‘‘(3) CONTINUING ELIGIBILITY.—In awarding subgrant funds

to continue a program under this subpart after the first year,

the State educational agency shall review the progress of each

eligible entity in meeting the objectives of the program referred

to in section 1237(c)(1)(A) and shall evaluate the program based

on the indicators of program quality developed by the State

under section 1240.

‘‘(4) INSUFFICIENT PROGRESS.—The State educational

agency may refuse to award subgrant funds to an eligible

entity if the agency finds that the eligible entity has not sufficiently improved the performance of the program, as evaluated

based on the indicators of program quality developed by the

State under section 1240, after—

‘‘(A) providing technical assistance to the eligible

entity; and

115 STAT. 1566 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) affording the eligible entity notice and an opportunity for a hearing.

‘‘(5) GRANT RENEWAL.—(A) An eligible entity that has previously received a subgrant under this subpart may reapply

under this subpart for additional subgrants. ‘‘(B) The Federal share of any subgrant renewed under

subparagraph (A) shall be limited in accordance with section

1234(b).

‘‘SEC. 1239. EVALUATION.

‘‘From funds reserved under section 1232(b)(1), the Secretary

shall provide for an independent evaluation of programs assisted

under this subpart— ‘‘(1) to determine the performance and effectiveness of programs assisted under this subpart; ‘‘(2) to identify effective Even Start programs assisted under

this subpart that can be duplicated and used in providing

technical assistance to Federal, State, and local programs; and ‘‘(3) to provide State educational agencies and eligible entities receiving a subgrant under this subpart, directly or through

a grant or contract with an organization with experience in

the development and operation of successful family literacy

services, technical assistance to ensure that local evaluations

undertaken under section 1235(15) provide accurate information on the effectiveness of programs assisted under this subpart.

‘‘SEC. 1240. INDICATORS OF PROGRAM QUALITY.

‘‘Each State educational agency receiving funds under this subpart shall develop, based on the best available research and evaluation data, indicators of program quality for programs assisted under

this subpart. The indicators shall be used to monitor, evaluate,

and improve those programs within the State. The indicators shall

include the following:

‘‘(1) With respect to eligible participants in a program

who are adults—

‘‘(A) achievement in the areas of reading, writing,

English-language acquisition, problem solving, and

numeracy;

‘‘(B) receipt of a secondary school diploma or a general

equivalency diploma (GED);

‘‘(C) entry into a postsecondary school, job retraining

program, or employment or career advancement, including

the military; and

‘‘(D) such other indicators as the State may develop.

‘‘(2) With respect to eligible participants in a program

who are children—

‘‘(A) improvement in ability to read on grade level

or reading readiness;

‘‘(B) school attendance;

‘‘(C) grade retention and promotion; and

‘‘(D) such other indicators as the State may develop.

‘‘SEC. 1241. RESEARCH.

‘‘(a) IN GENERAL.—The Secretary shall carry out, through grant

or contract, research into the components of successful family literacy services, in order to—

20 USC 6381j.

20 USC 6381i.

20 USC 6381h.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1567

‘‘(1) improve the quality of existing programs assisted under

this subpart or other family literacy programs carried out under

this Act or the Adult Education and Family Literacy Act; and ‘‘(2) develop models for new programs to be carried out

under this Act or the Adult Education and Family Literacy

Act.

‘‘(b) SCIENTIFICALLY BASED RESEARCH ON FAMILY LITERACY.— ‘‘(1) IN GENERAL.—From amounts reserved under section

1232(b)(2), the National Institute for Literacy, in consultation

with the Secretary, shall carry out research that— ‘‘(A) is scientifically based reading research; and

‘‘(B) determines— ‘‘(i) the most effective ways of improving the literacy skills of adults with reading difficulties; and ‘‘(ii) how family literacy services can best provide

parents with the knowledge and skills the parents

need to support their children’s literacy development.

‘‘(2) USE OF EXPERT ENTITY.—The National Institute for

Literacy, in consultation with the Secretary, shall carry out

the research under paragraph (1) through an entity, including

a Federal agency, that has expertise in carrying out longitudinal

studies of the development of literacy skills in children and

has developed effective interventions to help children with

reading difficulties.

‘‘(c) DISSEMINATION.—The National Institute for Literacy shall

disseminate, pursuant to section 1207, the results of the research

described in subsections (a) and (b) to State educational agencies

and recipients of subgrants under this subpart.

‘‘SEC. 1242. CONSTRUCTION.

‘‘Nothing in this subpart shall be construed to prohibit a

recipient of funds under this subpart from serving students participating in Even Start simultaneously with students with similar

educational needs, in the same educational settings where appropriate.

‘‘Subpart 4—Improving Literacy Through School

Libraries

‘‘SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.

‘‘(a) PURPOSES.—The purpose of this subpart is to improve

literacy skills and academic achievement of students by providing

students with increased access to up-to-date school library materials, a well-equipped, technologically advanced school library media

center, and well-trained, professionally certified school library

media specialists.

‘‘(b) RESERVATION.—From the funds appropriated under section

1002(b)(4) for a fiscal year, the Secretary shall reserve—

‘‘(1) one-half of 1 percent to award assistance under this

section to the Bureau of Indian Affairs to carry out activities

consistent with the purpose of this subpart; and ‘‘(2) one-half of 1 percent to award assistance under this

section to the outlying areas according to their respective needs

for assistance under this subpart.

‘‘(c) GRANTS.— ‘‘(1) COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL

AGENCIES.—If the amount of funds appropriated under section

20 USC 6383.

20 USC 6381k.

115 STAT. 1568 PUBLIC LAW 107–110—JAN. 8, 2002

1002(b)(4) for a fiscal year is less than $100,000,000, then

the Secretary shall award grants, on a competitive basis, to

eligible local educational agencies under subsection (e).

‘‘(2) FORMULA GRANTS TO STATES.—If the amount of funds

appropriated under section 1002(b)(4) for a fiscal year equals

or exceeds $100,000,000, then the Secretary shall award grants

to State educational agencies from allotments under subsection

(d).

‘‘(3) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL AGENCY.—

In this section the term ‘eligible local educational agency’

means—

‘‘(A) in the case of a local educational agency receiving

assistance made available under paragraph (1), a local

educational agency in which 20 percent of the students

served by the local educational agency are from families

with incomes below the poverty line; and

‘‘(B) in the case of a local educational agency receiving

assistance from State allocations made available under

paragraph (2), a local educational agency in which—

‘‘(i) 15 percent of the students who are served

by the local educational agency are from such families;

or

‘‘(ii) the percentage of students from such families

who are served by the local educational agency is

greater than the statewide percentage of children from

such families.

‘‘(d) STATE GRANTS.—

‘‘(1) ALLOTMENTS.—From funds made available under subsection (c)(2) and not reserved under subsections (b) and (j)

for a fiscal year, the Secretary shall allot to each State educational agency having an application approved under subsection (f)(1) an amount that bears the same relation to the

funds as the amount the State educational agency received

under part A for the preceding fiscal year bears to the amount

all such State educational agencies received under part A for

the preceding fiscal year, to increase literacy and reading skills

by improving school libraries.

‘‘(2) COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL

AGENCIES.—Each State educational agency receiving an allotment under paragraph (1) for a fiscal year—

‘‘(A) may reserve not more than 3 percent of the allotted

funds to provide technical assistance, disseminate information about school library media programs that are effective

and based on scientifically based research, and pay

administrative costs related to activities under this section;

and

‘‘(B) shall use the allotted funds that remain after

making the reservation under subparagraph (A) to award

grants, for a period of 1 year, on a competitive basis,

to eligible local educational agencies in the State that have

an application approved under subsection (f)(2) for activities

described in subsection (g).

‘‘(3) REALLOTMENT.—If a State educational agency does

not apply for an allotment under this section for any fiscal

year, or if the State educational agency’s application is not

approved, the Secretary shall reallot the amount of the State

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1569

educational agency’s allotment to the remaining State educational agencies in accordance with paragraph (1).

‘‘(e) DIRECT COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— ‘‘(1) IN GENERAL.—From amounts made available under

subsection (c)(1) and not reserved under subsections (b) and

(j) for a fiscal year, the Secretary shall award grants, on a

competitive basis, to eligible local educational agencies that

have applications approved under subsection (f)(2) for activities

described in subsection (g). ‘‘(2) DURATION.—The Secretary shall award grants under

this subsection for a period of 1 year. ‘‘(3) DISTRIBUTION.—The Secretary shall ensure that grants

under this subsection are equitably distributed among the different geographic regions of the United States, and among

local educational agencies serving urban and rural areas.

‘‘(f) APPLICATIONS.—

‘‘(1) STATE EDUCATIONAL AGENCY.—Each State educational

agency desiring assistance under this section shall submit to

the Secretary an application at such time, in such manner,

and containing such information as the Secretary shall require.

The application shall contain a description of—

‘‘(A) how the State educational agency will assist

eligible local educational agencies in meeting the requirements of this section and in using scientifically based

research to implement effective school library media programs; and

‘‘(B) the standards and techniques the State educational agency will use to evaluate the quality and impact

of activities carried out under this section by eligible local

educational agencies to determine the need for technical

assistance and whether to continue to provide additional

funding to the agencies under this section.

‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—Each eligible

local educational agency desiring assistance under this section

shall submit to the Secretary or State educational agency,

as appropriate, an application at such time, in such manner,

and containing such information as the Secretary or State

educational agency, respectively, shall require. The application

shall contain a description of—

‘‘(A) a needs assessment relating to the need for school

library media improvement, based on the age and condition

of school library media resources, including book collections,

access of school library media centers to advanced technology, and the availability of well-trained, professionally

certified school library media specialists, in schools served

by the eligible local educational agency;

‘‘(B) the manner in which the eligible local educational

agency will use the funds made available through the grant

to carry out the activities described in subsection (g);

‘‘(C) how the eligible local educational agency will

extensively involve school library media specialists,

teachers, administrators, and parents in the activities

assisted under this section, and the manner in which the

eligible local educational agency will carry out the activities

described in subsection (g) using programs and materials

that are grounded in scientifically based research;

115 STAT. 1570 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(D) the manner in which the eligible local educational

agency will effectively coordinate the funds and activities

provided under this section with Federal, State, and local

funds and activities under this subpart and other literacy,

library, technology, and professional development funds

and activities; and

‘‘(E) the manner in which the eligible local educational

agency will collect and analyze data on the quality and

impact of activities carried out under this section by schools

served by the eligible local educational agency.

‘‘(g) LOCAL ACTIVITIES.—Funds under this section may be used

to— ‘‘(1) acquire up-to-date school library media resources,

including books; ‘‘(2) acquire and use advanced technology, incorporated into

the curricula of the school, to develop and enhance the information literacy, information retrieval, and critical thinking skills

of students; ‘‘(3) facilitate Internet links and other resource-sharing

networks among schools and school library media centers, and

public and academic libraries, where possible; ‘‘(4) provide professional development described in section

1222(d)(2) for school library media specialists, and activities

that foster increased collaboration between school library media

specialists, teachers, and administrators; and ‘‘(5) provide students with access to school libraries during

nonschool hours, including the hours before and after school,

during weekends, and during summer vacation periods.

‘‘(h) ACCOUNTABILITY AND REPORTING.—

‘‘(1) LOCAL REPORTS.—Each eligible local educational

agency that receives funds under this section for a fiscal year

shall report to the Secretary or State educational agency, as

appropriate, on how the funding was used and the extent

to which the availability of, the access to, and the use of,

up-to-date school library media resources in the elementary

schools and secondary schools served by the eligible local educational agency was increased.

‘‘(2) STATE REPORT.—Each State educational agency that

receives funds under this section shall compile the reports

received under paragraph (1) and submit the compiled reports

to the Secretary.

‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds made available under

this section shall be used to supplement, and not supplant, other

Federal, State, and local funds expended to carry out activities

relating to library, technology, or professional development activities.

‘‘(j) NATIONAL ACTIVITIES.—

‘‘(1) EVALUATIONS.—From the funds appropriated under

section 1002(b)(4) for each fiscal year, the Secretary shall

reserve not more than 1 percent for annual, independent,

national evaluations of the activities assisted under this section

and their impact on improving the reading skills of students.

The evaluations shall be conducted not later than 3 years

after the date of enactment of the No Child Left Behind Act

of 2001, and biennially thereafter.

‘‘(2) REPORT TO CONGRESS.—The Secretary shall transmit

the State reports received under subsection (h)(2) and the

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1571

evaluations conducted under paragraph (1) to the Committee

on Health, Education, Labor, and Pensions of the Senate and

the Committee on Education and the Workforce of the House

of Representatives.

‘‘PART C—EDUCATION OF MIGRATORY

CHILDREN

‘‘SEC. 1301. PROGRAM PURPOSE.

‘‘It is the purpose of this part to assist States to— ‘‘(1) support high-quality and comprehensive educational

programs for migratory children to help reduce the educational

disruptions and other problems that result from repeated

moves; ‘‘(2) ensure that migratory children who move among the

States are not penalized in any manner by disparities among

the States in curriculum, graduation requirements, and State

academic content and student academic achievement standards; ‘‘(3) ensure that migratory children are provided with

appropriate educational services (including supportive services)

that address their special needs in a coordinated and efficient

manner; ‘‘(4) ensure that migratory children receive full and appropriate opportunities to meet the same challenging State academic content and student academic achievement standards

that all children are expected to meet;

‘‘(5) design programs to help migratory children overcome

educational disruption, cultural and language barriers, social

isolation, various health-related problems, and other factors

that inhibit the ability of such children to do well in school,

and to prepare such children to make a successful transition

to postsecondary education or employment; and

‘‘(6) ensure that migratory children benefit from State and

local systemic reforms.

‘‘SEC. 1302. PROGRAM AUTHORIZED.

‘‘In order to carry out the purpose of this part, the Secretary

shall make grants to State educational agencies, or combinations

of such agencies, to establish or improve, directly or through local

operating agencies, programs of education for migratory children

in accordance with this part.

‘‘SEC. 1303. STATE ALLOCATIONS.

‘‘(a) STATE ALLOCATIONS.—

‘‘(1) FISCAL YEAR 2002.—For fiscal year 2002, each State

(other than the Commonwealth of Puerto Rico) is entitled to

receive under this part an amount equal to—

‘‘(A) the sum of the estimated number of migratory

children aged 3 through 21 who reside in the State full

time and the full-time equivalent of the estimated number

of migratory children aged 3 through 21 who reside in

the State part time, as determined in accordance with

subsection (e); multiplied by

‘‘(B) 40 percent of the average per-pupil expenditure

in the State, except that the amount determined under

this paragraph shall not be less than 32 percent, nor more

20 USC 6393.

20 USC 6392.

20 USC 6391.

115 STAT. 1572 PUBLIC LAW 107–110—JAN. 8, 2002

than 48 percent, of the average per-pupil expenditure in

the United States.

‘‘(2) SUBSEQUENT YEARS.—

‘‘(A) BASE AMOUNT.— ‘‘(i) IN GENERAL.—Except as provided in subsection

(b) and clause (ii), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under

this part, for fiscal year 2003 and succeeding fiscal

years, an amount equal to— ‘‘(I) the amount that such State received under

this part for fiscal year 2002; plus ‘‘(II) the amount allocated to the State under

subparagraph (B).

‘‘(ii) NONPARTICIPATING STATES.—In the case of a

State (other than the Commonwealth of Puerto Rico)

that did not receive any funds for fiscal year 2002

under this part, the State shall receive, for fiscal year

2003 and succeeding fiscal years, an amount equal

to— ‘‘(I) the amount that such State would have

received under this part for fiscal year 2002 if

its application under section 1304 for the year

had been approved; plus ‘‘(II) the amount allocated to the State under

subparagraph (B). ‘‘(B) ALLOCATION OF ADDITIONAL AMOUNT.—For fiscal

year 2003 and succeeding fiscal years, the amount (if any)

by which the funds appropriated to carry out this part

for the year exceed such funds for fiscal year 2002 shall

be allocated to a State (other than the Commonwealth

of Puerto Rico) so that the State receives an amount equal

to—

‘‘(i) the sum of—

‘‘(I) the number of identified eligible migratory

children, aged 3 through 21, residing in the State

during the previous year; and

‘‘(II) the number of identified eligible migratory children, aged 3 through 21, who received

services under this part in summer or intersession

programs provided by the State during such year;

multiplied by

‘‘(ii) 40 percent of the average per-pupil expenditure in the State, except that the amount determined

under this clause may not be less than 32 percent,

or more than 48 percent, of the average per-pupil

expenditure in the United States.

‘‘(b) ALLOCATION TO PUERTO RICO.—

‘‘(1) IN GENERAL.—For each fiscal year, the grant which

the Commonwealth of Puerto Rico shall be eligible to receive

under this part shall be the amount determined by multiplying

the number of children who would be counted under subsection

(a)(1)(A) if such subsection applied to the Commonwealth of

Puerto Rico by the product of—

‘‘(A) the percentage which the average per-pupil

expenditure in the Commonwealth of Puerto Rico is of

the lowest average per-pupil expenditure of any of the

50 States; and

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1573

‘‘(B) 32 percent of the average per-pupil expenditure

in the United States.

‘‘(2) MINIMUM PERCENTAGE.—The percentage in paragraph

(1)(A) shall not be less than—

‘‘(A) for fiscal year 2002, 77.5 percent;

‘‘(B) for fiscal year 2003, 80.0 percent;

‘‘(C) for fiscal year 2004, 82.5 percent; and

‘‘(D) for fiscal year 2005 and succeeding fiscal years,

85.0 percent.

‘‘(3) LIMITATION.—If the application of paragraph (2) for

any fiscal year would result in any of the 50 States or the

District of Columbia receiving less under this part than it

received under this part for the preceding fiscal year, then

the percentage described in paragraph (1)(A) that is used for

the Commonwealth of Puerto Rico for the fiscal year for which

the determination is made shall be the greater of the percentage

in paragraph (1)(A) for such fiscal year or the percentage used

for the preceding fiscal year.

‘‘(c) RATABLE REDUCTIONS; REALLOCATIONS.—

‘‘(1) IN GENERAL.—(A) If, after the Secretary reserves funds

under section 1308(c), the amount appropriated to carry out

this part for any fiscal year is insufficient to pay in full the

amounts for which all States are eligible, the Secretary shall

ratably reduce each such amount.

‘‘(B) If additional funds become available for making such

payments for any fiscal year, the Secretary shall allocate such

funds to States in amounts that the Secretary determines will

best carry out the purpose of this part.

‘‘(2) SPECIAL RULE.—(A) The Secretary shall further reduce

the amount of any grant to a State under this part for any

fiscal year if the Secretary determines, based on available

information on the numbers and needs of migratory children

in the State and the program proposed by the State to address

such needs, that such amount exceeds the amount required

under section 1304.

‘‘(B) The Secretary shall reallocate such excess funds to

other States whose grants under this part would otherwise

be insufficient to provide an appropriate level of services to

migratory children, in such amounts as the Secretary determines are appropriate.

‘‘(d) CONSORTIUM ARRANGEMENTS.—

‘‘(1) IN GENERAL.—In the case of a State that receives

a grant of $1,000,000 or less under this section, the Secretary

shall consult with the State educational agency to determine

whether consortium arrangements with another State or other

appropriate entity would result in delivery of services in a

more effective and efficient manner.

‘‘(2) PROPOSALS.—Any State, regardless of the amount of

such State’s allocation, may submit a consortium arrangement

to the Secretary for approval.

‘‘(3) APPROVAL.—The Secretary shall approve a consortium

arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will—

‘‘(A) reduce administrative costs or program function

costs for State programs; and

115 STAT. 1574 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) make more funds available for direct services to

add substantially to the welfare or educational attainment

of children to be served under this part.

‘‘(e) DETERMINING NUMBERS OF ELIGIBLE CHILDREN.—In order

to determine the estimated number of migratory children residing

in each State for purposes of this section, the Secretary shall—

‘‘(1) use such information as the Secretary finds most

accurately reflects the actual number of migratory children;

‘‘(2) develop and implement a procedure for more accurately

reflecting cost factors for different types of summer and intersession program designs;

‘‘(3) adjust the full-time equivalent number of migratory

children who reside in each State to take into account—

‘‘(A) the special needs of those children participating

in special programs provided under this part that operate

during the summer and intersession periods; and

‘‘(B) the additional costs of operating such programs;

and

‘‘(4) conduct an analysis of the options for adjusting the

formula so as to better direct services to the child whose education has been interrupted.

‘‘SEC. 1304. STATE APPLICATIONS; SERVICES.

‘‘(a) APPLICATION REQUIRED.—Any State desiring to receive a

grant under this part for any fiscal year shall submit an application

to the Secretary at such time and in such manner as the Secretary

may require.

‘‘(b) PROGRAM INFORMATION.—Each such application shall

include—

‘‘(1) a description of how, in planning, implementing, and

evaluating programs and projects assisted under this part, the

State and its local operating agencies will ensure that the

special educational needs of migratory children, including preschool migratory children, are identified and addressed

through—

‘‘(A) the full range of services that are available for

migratory children from appropriate local, State, and Federal educational programs;

‘‘(B) joint planning among local, State, and Federal

educational programs serving migrant children, including

language instruction educational programs under part A

or B of title III;

‘‘(C) the integration of services available under this

part with services provided by those other programs; and

‘‘(D) measurable program goals and outcomes;

‘‘(2) a description of the steps the State is taking to provide

all migratory students with the opportunity to meet the same

challenging State academic content standards and challenging

State student academic achievement standards that all children

are expected to meet;

‘‘(3) a description of how the State will use funds received

under this part to promote interstate and intrastate coordination of services for migratory children, including how, consistent

with procedures the Secretary may require, the State will provide for educational continuity through the timely transfer

of pertinent school records, including information on health,

20 USC 6394.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1575

when children move from one school to another, whether or

not such move occurs during the regular school year; ‘‘(4) a description of the State’s priorities for the use of

funds received under this part, and how such priorities relate

to the State’s assessment of needs for services in the State;

‘‘(5) a description of how the State will determine the

amount of any subgrants the State will award to local operating

agencies, taking into account the numbers and needs of migratory children, the requirements of subsection (d), and the availability of funds from other Federal, State, and local programs;

‘‘(6) such budgetary and other information as the Secretary

may require; and

‘‘(7) a description of how the State will encourage programs

and projects assisted under this part to offer family literacy

services if the program or project serves a substantial number

of migratory children who have parents who do not have a

high school diploma or its recognized equivalent or who have

low levels of literacy.

‘‘(c) ASSURANCES.—Each such application shall also include

assurances, satisfactory to the Secretary, that—

‘‘(1) funds received under this part will be used only—

‘‘(A) for programs and projects, including the acquisition of equipment, in accordance with section 1306; and

‘‘(B) to coordinate such programs and projects with

similar programs and projects within the State and in

other States, as well as with other Federal programs that

can benefit migratory children and their families;

‘‘(2) such programs and projects will be carried out in

a manner consistent with the objectives of section 1114, subsections (b) and (d) of section 1115, subsections (b) and (c)

of section 1120A, and part I;

‘‘(3) in the planning and operation of programs and projects

at both the State and local agency operating level, there is

consultation with parent advisory councils for programs of 1

school year in duration, and that all such programs and projects

are carried out—

‘‘(A) in a manner that provides for the same parental

involvement as is required for programs and projects under

section 1118, unless extraordinary circumstances make

such provision impractical; and

‘‘(B) in a format and language understandable to the

parents;

‘‘(4) in planning and carrying out such programs and

projects, there has been, and will be, adequate provision for

addressing the unmet education needs of preschool migratory

children;

‘‘(5) the effectiveness of such programs and projects will

be determined, where feasible, using the same approaches and

standards that will be used to assess the performance of students, schools, and local educational agencies under part A;

‘‘(6) to the extent feasible, such programs and projects

will provide for—

‘‘(A) advocacy and outreach activities for migratory

children and their families, including informing such children and families of, or helping such children and families

gain access to, other education, health, nutrition, and social

services;

115 STAT. 1576 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) professional development programs, including

mentoring, for teachers and other program personnel; ‘‘(C) family literacy programs, including such programs

that use models developed under Even Start;

‘‘(D) the integration of information technology into educational and related programs; and

‘‘(E) programs to facilitate the transition of secondary

school students to postsecondary education or employment;

and

‘‘(7) the State will assist the Secretary in determining the

number of migratory children under paragraphs (1)(A) and

(2)(B)(i) of section 1303(a), through such procedures as the

Secretary may require.

‘‘(d) PRIORITY FOR SERVICES.—In providing services with funds

received under this part, each recipient of such funds shall give

priority to migratory children who are failing, or most at risk

of failing, to meet the State’s challenging State academic content

standards and challenging State student academic achievement

standards, and whose education has been interrupted during the

regular school year. ‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding any other

provision of this part—

‘‘(1) a child who ceases to be a migratory child during

a school term shall be eligible for services until the end of

such term;

‘‘(2) a child who is no longer a migratory child may continue

to receive services for 1 additional school year, but only if

comparable services are not available through other programs;

and

‘‘(3) secondary school students who were eligible for services

in secondary school may continue to be served through credit

accrual programs until graduation.

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

‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall approve each

State application that meets the requirements of this part.

‘‘(b) PEER REVIEW.—The Secretary may review any such

application with the assistance and advice of State officials and

other individuals with relevant expertise.

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

‘‘(a) COMPREHENSIVE PLAN.—

‘‘(1) IN GENERAL.—Each State that receives assistance

under this part shall ensure that the State and its local operating agencies identify and address the special educational

needs of migratory children in accordance with a comprehensive

State plan that—

‘‘(A) is integrated with other programs under this Act

or other Acts, as appropriate;

‘‘(B) may be submitted as a part of a consolidated

application under section 9302, if—

‘‘(i) the special needs of migratory children are

specifically addressed in the comprehensive State plan;

‘‘(ii) the comprehensive State plan is developed

in collaboration with parents of migratory children;

and

20 USC 6396.

20 USC 6395.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1577

‘‘(iii) the comprehensive State plan is not used

to supplant State efforts regarding, or administrative

funding for, this part;

‘‘(C) provides that migratory children will have an

opportunity to meet the same challenging State academic

content standards and challenging State student academic

achievement standards that all children are expected to

meet;

‘‘(D) specifies measurable program goals and outcomes;

‘‘(E) encompasses the full range of services that are

available for migratory children from appropriate local,

State, and Federal educational programs;

‘‘(F) is the product of joint planning among such local,

State, and Federal programs, including programs under

part A, early childhood programs, and language instruction

educational programs under part A or B of title III; and

‘‘(G) provides for the integration of services available

under this part with services provided by such other programs.

‘‘(2) DURATION OF THE PLAN.—Each such comprehensive

State plan shall—

‘‘(A) remain in effect for the duration of the State’s

participation under this part; and

‘‘(B) be periodically reviewed and revised by the State,

as necessary, to reflect changes in the State’s strategies

and programs under this part.

‘‘(b) AUTHORIZED ACTIVITIES.—

‘‘(1) FLEXIBILITY.—In implementing the comprehensive plan

described in subsection (a), each State educational agency,

where applicable through its local educational agencies, shall

have the flexibility to determine the activities to be provided

with funds made available under this part, except that such

funds first shall be used to meet the identified needs of migratory children that result from their migratory lifestyle, and

to permit these children to participate effectively in school.

‘‘(2) UNADDRESSED NEEDS.—Funds provided under this part

shall be used to address the needs of migratory children that

are not addressed by services available from other Federal

or non-Federal programs, except that migratory children who

are eligible to receive services under part A may receive those

services through funds provided under that part, or through

funds under this part that remain after the agency addresses

the needs described in paragraph (1).

‘‘(3) CONSTRUCTION.—Nothing in this part shall be construed to prohibit a local educational agency from serving

migratory children simultaneously with students with similar

educational needs in the same educational settings, where

appropriate.

‘‘(4) SPECIAL RULE.—Notwithstanding section 1114, a school

that receives funds under this part shall continue to address

the identified needs described in paragraph (1), and shall meet

the special educational needs of migratory children before using

funds under this part for schoolwide programs under section

1114.

115 STAT. 1578 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 1307. BYPASS.

‘‘The Secretary may use all or part of any State’s allocation

under this part to make arrangements with any public or private

nonprofit agency to carry out the purpose of this part in such

State if the Secretary determines that—

‘‘(1) the State is unable or unwilling to conduct educational

programs for migratory children;

‘‘(2) such arrangements would result in more efficient and

economic administration of such programs; or

‘‘(3) such arrangements would add substantially to the

welfare or educational attainment of such children.

‘‘SEC. 1308. 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 nonprofit

entities to improve the interstate and intrastate coordination

among such agencies’ educational programs, including the

establishment or improvement of programs for credit accrual

and exchange, available to migratory students.

‘‘(2) DURATION.—Grants under this subsection may be

awarded for not more than 5 years.

‘‘(b) STUDENT RECORDS.—

‘‘(1) ASSISTANCE.—The Secretary shall assist States in

developing effective methods for the electronic transfer of student records and in determining the number of migratory children in each State.

‘‘(2) INFORMATION SYSTEM.—

‘‘(A) IN GENERAL.—The Secretary, in consultation with

the States, shall ensure the linkage of migrant student

record systems for the purpose of electronically exchanging,

among the States, health and educational information

regarding all migratory students. The Secretary shall

ensure such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed

after, the date of enactment of the No Child Left Behind

Act of 2001, and shall determine the minimum data elements that each State receiving funds under this part

shall collect and maintain. Such elements may include—

‘‘(i) immunization records and other health

information;

‘‘(ii) elementary and secondary academic history

(including partial credit), credit accrual, and results

from State assessments required under section 1111(b);

‘‘(iii) other academic information essential to

ensuring that migratory children achieve to high standards; and

‘‘(iv) eligibility for services under the Individuals

with Disabilities Education Act.

‘‘(B) NOTICE AND COMMENT.—After consulting with the

States under subparagraph (A), the Secretary shall publish

a notice in the Federal Register seeking public comment

on the proposed data elements that each State receiving

Federal Register,

publication.

20 USC 6398.

20 USC 6397.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1579

funds under this part shall be required to collect for purposes of electronic transfer of migratory student information and the requirements that States shall meet for immediate electronic access to such information. Such publication shall occur not later than 120 days after the date

of enactment of the No Child Left Behind Act of 2001.

‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A State educational

agency or local educational agency receiving assistance under

this part shall make student records available to another State

educational agency or local educational agency that requests

the records at no cost to the requesting agency, if the request

is made in order to meet the needs of a migratory child. ‘‘(4) REPORT TO CONGRESS.— ‘‘(A) IN GENERAL.—Not later than April 30, 2003, the

Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of

Representatives the Secretary’s findings and recommendations regarding the maintenance and transfer of health

and educational information for migratory students by the

States. ‘‘(B) REQUIRED CONTENTS.—The Secretary shall include

in such report—

‘‘(i) a review of the progress of States in developing

and linking electronic records transfer systems;

‘‘(ii) recommendations for the development and

linkage of such systems; and

‘‘(iii) recommendations for measures that may be

taken to ensure the continuity of services provided

for migratory students.

‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of carrying out

this section in any fiscal year, the Secretary shall reserve not

more than $10,000,000 of the amount appropriated to carry out

this part for such year.

‘‘(d) INCENTIVE GRANTS.—From the amounts made available

to carry out this section for any fiscal year, the Secretary may

reserve not more than $3,000,000 to award grants of not more

than $250,000 on a competitive basis to State educational agencies

that propose a consortium arrangement with another State or other

appropriate entity that the Secretary determines, pursuant to criteria that the Secretary shall establish, will improve the delivery

of services to migratory children whose education is interrupted.

‘‘(e) DATA COLLECTION.—The Secretary shall direct the National

Center for Education Statistics to collect data on migratory children.

‘‘SEC. 1309. DEFINITIONS.

‘‘As used in this part:

‘‘(1) LOCAL OPERATING AGENCY.—The term ‘local operating

agency’ means—

‘‘(A) a local educational agency to which a State educational agency makes a subgrant under this part; ‘‘(B) a public or nonprofit private agency with which

a State educational agency or the Secretary makes an

arrangement to carry out a project under this part; or

‘‘(C) a State educational agency, if the State educational agency operates the State’s migrant education program or projects directly.

20 USC 6399.

Deadline.

Deadline.

115 STAT. 1580 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) MIGRATORY CHILD.—The term ‘migratory child’ means

a child who is, or whose parent or spouse is, a migratory

agricultural worker, including a migratory dairy worker, or

a migratory fisher, and who, in the preceding 36 months, in

order to obtain, or accompany such parent or spouse, in order

to obtain, temporary or seasonal employment in agricultural

or fishing work—

‘‘(A) has moved from one school district to another;

‘‘(B) in a State that is comprised of a single school

district, has moved from one administrative area to another

within such district; or

‘‘(C) resides in a school district of more than 15,000

square miles, and migrates a distance of 20 miles or more

to a temporary residence to engage in a fishing activity.

‘‘PART D—PREVENTION AND INTERVENTION

PROGRAMS FOR CHILDREN AND YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR ATRISK

‘‘SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION.

‘‘(a) PURPOSE.—It is the purpose of this part—

‘‘(1) to improve educational services for children and youth

in local and State institutions for neglected or delinquent children and youth so that such children and youth have the

opportunity to meet the same challenging State academic content standards and challenging State student academic achievement standards that all children in the State are expected

to meet;

‘‘(2) to provide such children and youth with the services

needed to make a successful transition from institutionalization

to further schooling or employment; and

‘‘(3) to prevent at-risk youth from dropping out of school,

and to provide dropouts, and children and youth returning

from correctional facilities or institutions for neglected or delinquent children and youth, with a support system to ensure

their continued education.

‘‘(b) PROGRAM AUTHORIZED.—In order to carry out the purpose

of this part and from amounts appropriated under section 1002(d),

the Secretary shall make grants to State educational agencies to

enable such agencies to award subgrants to State agencies and

local educational agencies to establish or improve programs of education for neglected, delinquent, or at-risk children and youth.

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

‘‘(a) AGENCY SUBGRANTS.—Based on the allocation amount computed under section 1412, the Secretary shall allocate to each

State educational agency an amount necessary to make subgrants

to State agencies under subpart 1.

‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for the purpose of carrying out subpart 2, funds generated throughout the

State under part A of this title based on children and youth residing

in local correctional facilities, or attending community day programs

for delinquent children and youth.

20 USC 6422.

20 USC 6421.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1581

‘‘Subpart 1—State Agency Programs

‘‘SEC. 1411. ELIGIBILITY.

‘‘A State agency is eligible for assistance under this subpart

if such State agency is responsible for providing free public education for children and youth— ‘‘(1) in institutions for neglected or delinquent children

and youth;

‘‘(2) attending community day programs for neglected or

delinquent children and youth; or

‘‘(3) in adult correctional institutions.

‘‘SEC. 1412. ALLOCATION OF FUNDS.

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

1411 (other than an agency in the Commonwealth of Puerto

Rico) is eligible to receive a subgrant under this subpart, for

each fiscal year, in an amount equal to the product of— ‘‘(A) the number of neglected or delinquent children

and youth described in section 1411 who— ‘‘(i) are enrolled for at least 15 hours per week

in education programs in adult correctional institutions; and ‘‘(ii) are enrolled for at least 20 hours per week— ‘‘(I) in education programs in institutions for

neglected or delinquent children and youth; or ‘‘(II) in community day programs for neglected

or delinquent children and youth; and

‘‘(B) 40 percent of the average per-pupil expenditure

in the State, except that the amount determined under

this subparagraph shall not be less than 32 percent, nor

more than 48 percent, of the average per-pupil expenditure

in the United States.

‘‘(2) SPECIAL RULE.—The number of neglected or delinquent

children and youth determined under paragraph (1) shall— ‘‘(A) be determined by the State agency by a deadline

set by the Secretary, except that no State agency shall

be required to determine the number of such children and

youth on a specific date set by the Secretary; and

‘‘(B) be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual

programs.

‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO.—

‘‘(1) IN GENERAL.—For each fiscal year, the amount of the

subgrant which a State agency in the Commonwealth of Puerto

Rico shall be eligible to receive under this subpart shall be

the amount determined by multiplying the number of children

counted under subsection (a)(1)(A) for the Commonwealth of

Puerto Rico by the product of—

‘‘(A) the percentage which the average per-pupil

expenditure in the Commonwealth of Puerto Rico is of

the lowest average per-pupil expenditure of any of the

50 States; and

‘‘(B) 32 percent of the average per-pupil expenditure

in the United States.

‘‘(2) MINIMUM PERCENTAGE.—The percentage in paragraph

(1)(A) shall not be less than—

20 USC 6432.

20 USC 6431.

115 STAT. 1582 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) for fiscal year 2002, 77.5 percent;

‘‘(B) for fiscal year 2003, 80.0 percent;

‘‘(C) for fiscal year 2004, 82.5 percent; and

‘‘(D) for fiscal year 2005 and succeeding fiscal years,

85.0 percent.

‘‘(3) LIMITATION.—If the application of paragraph (2) would

result in any of the 50 States or the District of Columbia

receiving less under this subpart than it received under this

subpart for the preceding fiscal year, then the percentage

described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of— ‘‘(A) the percentage in paragraph (1)(A) for such fiscal

year; or ‘‘(B) the percentage used for the preceding fiscal year. ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS.—If the amount appropriated for any fiscal year for subgrants

under subsections (a) and (b) is insufficient to pay the full amount

for which all State agencies are eligible under such subsections,

the Secretary shall ratably reduce each such amount.

‘‘SEC. 1413. STATE REALLOCATION OF FUNDS.

‘‘If a State educational agency determines that a State agency

does not need the full amount of the subgrant for which such

State agency is eligible under this subpart for any fiscal year,

the State educational agency may reallocate the amount that will

not be needed to other eligible State agencies that need additional

funds to carry out the purpose of this part, in such amounts as

the State educational agency shall determine.

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

‘‘(a) STATE PLAN.—

‘‘(1) IN GENERAL.—Each State educational agency that

desires to receive a grant under this subpart shall submit,

for approval by the Secretary, a plan— ‘‘(A) for meeting the educational needs of neglected,

delinquent, and at-risk children and youth;

‘‘(B) for assisting in the transition of children and

youth from correctional facilities to locally operated programs; and

‘‘(C) that is integrated with other programs under this

Act or other Acts, as appropriate.

‘‘(2) CONTENTS.—Each such State plan shall—

‘‘(A) describe the program goals, objectives, and

performance measures established by the State that will

be used to assess the effectiveness of the program in

improving the academic, vocational, and technical skills

of children in the program;

‘‘(B) provide that, to the extent feasible, such children

will have the same opportunities to achieve as such children

would have if such children were in the schools of local

educational agencies in the State; and

‘‘(C) contain an assurance that the State educational

agency will—

‘‘(i) ensure that programs assisted under this subpart will be carried out in accordance with the State

plan described in this subsection;

20 USC 6434.

20 USC 6433.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1583

‘‘(ii) carry out the evaluation requirements of section 1431;

‘‘(iii) ensure that the State agencies receiving subgrants under this subpart comply with all applicable

statutory and regulatory requirements; and

‘‘(iv) provide such other information as the Secretary may reasonably require.

‘‘(3) DURATION OF THE PLAN.—Each such State plan shall—

‘‘(A) remain in effect for the duration of the State’s

participation under this part; and

‘‘(B) be periodically reviewed and revised by the State,

as necessary, to reflect changes in the State’s strategies

and programs under this part.

‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.—

‘‘(1) SECRETARIAL APPROVAL.—The Secretary shall approve

each State plan that meets the requirements of this subpart.

‘‘(2) PEER REVIEW.—The Secretary may review any State

plan with the assistance and advice of individuals with relevant

expertise.

‘‘(c) STATE AGENCY APPLICATIONS.—Any State agency that

desires to receive funds to carry out a program under this subpart

shall submit an application to the State educational agency that—

‘‘(1) describes the procedures to be used, consistent with

the State plan under section 1111, to assess the educational

needs of the children to be served under this subpart;

‘‘(2) provide an assurance that in making services available

to children and youth in adult correctional institutions, priority

will be given to such children and youth who are likely to

complete incarceration within a 2-year period;

‘‘(3) describes the program, including a budget for the first

year of the program, with annual updates to be provided to

the State educational agency;

‘‘(4) describes how the program will meet the goals and

objectives of the State plan;

‘‘(5) describes how the State agency will consult with

experts and provide the necessary training for appropriate staff,

to ensure that the planning and operation of institution-wide

projects under section 1416 are of high quality;

‘‘(6) describes how the State agency will carry out the

evaluation requirements of section 9601 and how the results

of the most recent evaluation will be used to plan and improve

the program;

‘‘(7) includes data showing that the State agency has maintained the fiscal effort required of a local educational agency,

in accordance with section 9521;

‘‘(8) describes how the programs will be coordinated with

other appropriate State and Federal programs, such as programs under title I of Public Law 105–220, vocational and

technical education programs, State and local dropout prevention programs, and special education programs;

‘‘(9) describes how the State agency will encourage correctional facilities receiving funds under this subpart to coordinate

with local educational agencies or alternative education programs attended by incarcerated children and youth prior to

their incarceration to ensure that student assessments and

appropriate academic records are shared jointly between the

115 STAT. 1584 PUBLIC LAW 107–110—JAN. 8, 2002

correctional facility and the local educational agency or alternative education program;

‘‘(10) describes how appropriate professional development

will be provided to teachers and other staff;

‘‘(11) designates an individual in each affected correctional

facility or institution for neglected or delinquent children and

youth to be responsible for issues relating to the transition

of children and youth from such facility or institution to locally

operated programs;

‘‘(12) describes how the State agency will endeavor to

coordinate with businesses for training and mentoring for

participating children and youth;

‘‘(13) provides an assurance that the State agency will

assist in locating alternative programs through which students

can continue their education if the students are not returning

to school after leaving the correctional facility or institution

for neglected or delinquent children and youth;

‘‘(14) provides assurances that the State agency will work

with parents to secure parents’ assistance in improving the

educational achievement of their children and youth, and preventing their children’s and youth’s further involvement in

delinquent activities;

‘‘(15) provides an assurance that the State agency will

work with children and youth with disabilities in order to

meet an existing individualized education program and an

assurance that the agency will notify the child’s or youth’s

local school if the child or youth—

‘‘(A) is identified as in need of special education services

while the child or youth is in the correctional facility or

institution for neglected or delinquent children and youth;

and

‘‘(B) intends to return to the local school;

‘‘(16) provides an assurance that the State agency will

work with children and youth who dropped out of school before

entering the correctional facility or institution for neglected

or delinquent children and youth to encourage the children

and youth to reenter school once the term of the incarceration

is completed or provide the child or youth with the skills

necessary to gain employment, continue the education of the

child or youth, or achieve a secondary school diploma or its

recognized equivalent if the child or youth does not intend

to return to school;

‘‘(17) provides an assurance that teachers and other qualified staff are trained to work with children and youth with

disabilities and other students with special needs taking into

consideration the unique needs of such students;

‘‘(18) describes any additional services to be provided to

children and youth, such as career counseling, distance

learning, and assistance in securing student loans and grants;

and

‘‘(19) provides an assurance that the program under this

subpart will be coordinated with any programs operated under

the Juvenile Justice and Delinquency Prevention Act of 1974

(42 U.S.C. 5601 et seq.) or other comparable programs, if

applicable.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1585

‘‘SEC. 1415. 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

1414(a); and

‘‘(B) concentrate on providing participants with the

knowledge andskills needed to make a successful transition

to secondary school completion, vocational or technical

training, further education, or employment.

‘‘(2) PROGRAMS AND PROJECTS.—Such programs and

projects—

‘‘(A) may include the acquisition of equipment;

‘‘(B) shall be designed to support educational services

that—

‘‘(i) except for institution-wide projects under section 1416, are provided to children and youth identified

by the State agency as failing, or most at-risk of failing,

to meet the State’s challenging academic content standards and student academic achievement standards;

‘‘(ii) supplement and improve the quality of the

educational services provided to such children and

youth by the State agency; and

‘‘(iii) afford such children and youth an opportunity

to meet challenging State academic achievement standards;

‘‘(C) shall be carried out in a manner consistent with

section 1120A and part I (as applied to programs and

projects under this part); and

‘‘(D) may include the costs of meeting the evaluation

requirements of section 9601.

‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program under this subpart that supplements the number of hours of instruction students

receive from State and local sources shall be considered to comply

with the supplement, not supplant requirement of section 1120A

(as applied to this part) without regard to the subject areas in

which instruction is given during those hours.

‘‘SEC. 1416. INSTITUTION-WIDE PROJECTS.

‘‘A State agency that provides free public education for children

and youth in an institution for neglected or delinquent children

and youth (other than an adult correctional institution) or attending

a community-day program for such children and youth may use

funds received under this subpart to serve all children in, and

upgrade the entire educational effort of, that institution or program

if the State agency has developed, and the State educational agency

has approved, a comprehensive plan for that institution or program

that—

‘‘(1) provides for a comprehensive assessment of the educational needs of all children and youth in the institution

or program serving juveniles;

‘‘(2) provides for a comprehensive assessment of the educational needs of youth aged 20 and younger in adult facilities

who are expected to complete incarceration within a 2-year

period;

‘‘(3) describes the steps the State agency has taken, or

will take, to provide all children and youth under age 21

20 USC 6436.

20 USC 6435.

115 STAT. 1586 PUBLIC LAW 107–110—JAN. 8, 2002

with the opportunity to meet challenging State academic content standards and student academic achievement standards

in order to improve the likelihood that the children and youth

will complete secondary school, attain a secondary diploma

or its recognized equivalent, or find employment after leaving

the institution;

‘‘(4) describes the instructional program, pupil services,

and procedures that will be used to meet the needs described

in paragraph (1), including, to the extent feasible, the provision

of mentors for the children and youth described in paragraph

(1);

‘‘(5) specifically describes how such funds will be used;

‘‘(6) describes the measures and procedures that will be

used to assess student progress;

‘‘(7) describes how the agency has planned, and will implement and evaluate, the institution-wide or program-wide project

in consultation with personnel providing direct instructional

services and support services in institutions or communityday programs for neglected or delinquent children and youth,

and with personnel from the State educational agency; and

‘‘(8) includes an assurance that the State agency has provided for appropriate training for teachers and other instructional and administrative personnel to enable such teachers

and personnel to carry out the project effectively.

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

‘‘If a State agency operates a program or project under this

subpart in which individual children or youth are likely to participate for more than 1 year, the State educational agency may

approve the State agency’s application for a subgrant under this

subpart for a period of not more than 3 years.

‘‘SEC. 1418. TRANSITION SERVICES.

‘‘(a) TRANSITION SERVICES.—Each State agency shall reserve

not less than 15 percent and not more than 30 percent of the

amount such agency receives under this subpart for any fiscal

year to support—

‘‘(1) projects that facilitate the transition of children and

youth from State-operated institutions to schools served by

local educational agencies; or

‘‘(2) the successful reentry of youth offenders, who are

age 20 or younger and have received a secondary school diploma

or its recognized equivalent, into postsecondary education, or

vocational and technical training programs, through strategies

designed to expose the youth to, and prepare the youth for,

postsecondary education, or vocational and technical training

programs, such as—

‘‘(A) preplacement programs that allow adjudicated or

incarcerated youth to audit or attend courses on college,

university, or community college campuses, or through programs provided in institutional settings;

‘‘(B) worksite schools, in which institutions of higher

education and private or public employers partner to create

programs to help students make a successful transition

to postsecondary education and employment; and

‘‘(C) essential support services to ensure the success

of the youth, such as—

20 USC 6438.

20 USC 6437.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1587

‘‘(i) personal, vocational and technical, and academic, counseling; ‘‘(ii) placement services designed to place the youth

in a university, college, or junior college program; ‘‘(iii) information concerning, and assistance in

obtaining, available student financial aid; ‘‘(iv) counseling services; and

‘‘(v) job placement services. ‘‘(b) CONDUCT OF PROJECTS.—A project supported under this

section may be conducted directly by the State agency, or through

a contract or other arrangement with one or more local educational

agencies, other public agencies, or private nonprofit organizations. ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall

be construed to prohibit a school that receives funds under subsection (a) from serving neglected and delinquent children and

youth simultaneously with students with similar educational needs,

in the same educational settings where appropriate.

‘‘SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL

PROGRAM.

‘‘The Secretary may reserve not more than 2.5 percent of the

amount made available to carry out this subpart for a fiscal year— ‘‘(1) to develop a uniform model to evaluate the effectiveness

of programs assisted under this subpart; and ‘‘(2) to provide technical assistance to and support the

capacity building of State agency programs assisted under this

subpart.

‘‘Subpart 2—Local Agency Programs

‘‘SEC. 1421. PURPOSE.

‘‘The purpose of this subpart is to support the operation of

local educational agency programs that involve collaboration with

locally operated correctional facilities— ‘‘(1) to carry out high quality education programs to prepare

children and youth for secondary school completion, training,

employment, or further education; ‘‘(2) to provide activities to facilitate the transition of such

children and youth from the correctional program to further

education or employment; and ‘‘(3) to operate programs in local schools for children and

youth returning from correctional facilities, and programs which

may serve at-risk children and youth.

‘‘SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

‘‘(a) LOCAL SUBGRANTS.—With funds made available under section 1402(b), the State educational agency shall award subgrants

to local educational agencies with high numbers or percentages

of children and youth residing in locally operated (including county

operated) correctional facilities for children and youth (including

facilities involved in community day programs). ‘‘(b) SPECIAL RULE.—A local educational agency that serves

a school operated by a correctional facility is not required to operate

a program of support for children and youth returning from such

school to a school that is not operated by a correctional agency

but served by such local educational agency, if more than 30 percent

of the children and youth attending the school operated by the

20 USC 6452.

20 USC 6451.

20 USC 6439.

115 STAT. 1588 PUBLIC LAW 107–110—JAN. 8, 2002

correctional facility will reside outside the boundaries served by

the local educational agency after leaving such facility. ‘‘(c) NOTIFICATION.—A State educational agency shall notify

local educational agencies within the State of the eligibility of

such agencies to receive a subgrant under this subpart. ‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Transitional and

supportive programs operated in local educational agencies under

this subpart shall be designed primarily to meet the transitional

and academic needs of students returning to local educational agencies or alternative education programs from correctional facilities.

Services to students at-risk of dropping out of school shall not

have a negative impact on meeting the transitional and academic

needs of the students returning from correctional facilities.

‘‘SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

‘‘Each local educational agency desiring assistance under this

subpart shall submit an application to the State educational agency

that contains such information as the State educational agency

may require. Each such application shall include— ‘‘(1) a description of the program to be assisted;

‘‘(2) a description of formal agreements, regarding the program to be assisted, between— ‘‘(A) the local educational agency; and

‘‘(B) correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system;

‘‘(3) as appropriate, a description of how participating

schools will coordinate with facilities working with delinquent

children and youth to ensure that such children and youth

are participating in an education program comparable to one

operating in the local school such youth would attend;

‘‘(4) a description of the program operated by participating

schools for children and youth returning from correctional facilities and, as appropriate, the types of services that such schools

will provide such children and youth and other at-risk children

and youth;

‘‘(5) a description of the characteristics (including learning

difficulties, substance abuse problems, and other special needs)

of the children and youth who will be returning from correctional facilities and, as appropriate, other at-risk children and

youth expected to be served by the program, and a description

of how the school will coordinate existing educational programs

to meet the unique educational needs of such children and

youth;

‘‘(6) as appropriate, a description of how schools will coordinate with existing social, health, and other services to meet

the needs of students returning from correctional facilities,

at-risk children or youth, and other participating children or

youth, including prenatal health care and nutrition services

related to the health of the parent and the child or youth,

parenting and child development classes, child care, targeted

reentry and outreach programs, referrals to community

resources, and scheduling flexibility;

‘‘(7) as appropriate, a description of any partnerships with

local businesses to develop training, curriculum-based youth

entrepreneurship education, and mentoring services for participating students;

20 USC 6453.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1589

‘‘(8) as appropriate, a description of how the program will

involve parents in efforts to improve the educational achievement of their children, assist in dropout prevention activities,

and prevent the involvement of their children in delinquent

activities; ‘‘(9) a description of how the program under this subpart

will be coordinated with other Federal, State, and local programs, such as programs under title I of Public Law 105– 220 and vocational and technical education programs serving

at-risk children and youth; ‘‘(10) a description of how the program will be coordinated

with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs,

if applicable; ‘‘(11) as appropriate, a description of how schools will work

with probation officers to assist in meeting the needs of children

and youth returning from correctional facilities; ‘‘(12) a description of the efforts participating schools will

make to ensure correctional facilities working with children

and youth are aware of a child’s or youth’s existing individualized education program; and ‘‘(13) as appropriate, a description of the steps participating

schools will take to find alternative placements for children

and youth interested in continuing their education but unable

to participate in a regular public school program.

‘‘SEC. 1424. USES OF FUNDS.

‘‘Funds provided to local educational agencies under this subpart may be used, as appropriate, for— ‘‘(1) programs that serve children and youth returning to

local schools from correctional facilities, to assist in the transition of such children and youth to the school environment

and help them remain in school in order to complete their

education; ‘‘(2) dropout prevention programs which serve at-risk children and youth, including pregnant and parenting teens, children and youth who have come in contact with the juvenile

justice system, children and youth at least 1 year behind their

expected grade level, migrant youth, immigrant youth, students

with limited English proficiency, and gang members; ‘‘(3) the coordination of health and social services for such

individuals if there is a likelihood that the provision of such

services, including day care, drug and alcohol counseling, and

mental health services, will improve the likelihood such individuals will complete their education; ‘‘(4) special programs to meet the unique academic needs

of participating children and youth, including vocational and

technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary

education; and ‘‘(5) programs providing mentoring and peer mediation.

‘‘SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING FUNDS UNDER THIS SECTION.

‘‘Each correctional facility entering into an agreement with

a local educational agency under section 1423(2) to provide services

to children and youth under this subpart shall—

20 USC 6455.

20 USC 6454.

115 STAT. 1590 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) where feasible, ensure that educational programs in

the correctional facility are coordinated with the student’s home

school, particularly with respect to a student with an individualized education program under part B of the Individuals with

Disabilities Education Act;

‘‘(2) if the child or youth is identified as in need of special

education services while in the correctional facility, notify the

local school of the child or youth of such need;

‘‘(3) where feasible, provide transition assistance to help

the child or youth stay in school, including coordination of

services for the family, counseling, assistance in accessing drug

and alcohol abuse prevention programs, tutoring, and family

counseling;

‘‘(4) provide support programs that encourage children and

youth who have dropped out of school to reenter school once

their term at the correctional facility has been completed, or

provide such children and youth with the skills necessary to

gain employment or seek a secondary school diploma or its

recognized equivalent;

‘‘(5) work to ensure that the correctional facility is staffed

with teachers and other qualified staff who are trained to

work with children and youth with disabilities taking into

consideration the unique needs of such children and youth;

‘‘(6) ensure that educational programs in the correctional

facility are related to assisting students to meet high academic

achievement standards;

‘‘(7) to the extent possible, use technology to assist in

coordinating educational programs between the correctional

facility and the community school;

‘‘(8) where feasible, involve parents in efforts to improve

the educational achievement of their children and prevent the

further involvement of such children in delinquent activities;

‘‘(9) coordinate funds received under this subpart with other

local, State, and Federal funds available to provide services

to participating children and youth, such as funds made available under title I of Public Law 105–220, and vocational and

technical education funds;

‘‘(10) coordinate programs operated under this subpart with

activities funded under the Juvenile Justice and Delinquency

Prevention Act of 1974 and other comparable programs, if

applicable; and

‘‘(11) if appropriate, work with local businesses to develop

training, curriculum-based youth entrepreneurship education,

and mentoring programs for children and youth.

‘‘SEC. 1426. ACCOUNTABILITY.

‘‘The State educational agency may—

‘‘(1) reduce or terminate funding for projects under this

subpart if a local educational agency does not show progress

in reducing dropout rates for male students and for female

students over a 3-year period; and

‘‘(2) require correctional facilities or institutions for

neglected or delinquent children and youth to demonstrate,

after receiving assistance under this subpart for 3 years, that

there has been an increase in the number of children and

youth returning to school, obtaining a secondary school diploma

20 USC 6456.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1591

or its recognized equivalent, or obtaining employment after

such children and youth are released.

‘‘Subpart 3—General Provisions

‘‘SEC. 1431. PROGRAM EVALUATIONS.

‘‘(a) SCOPE OF EVALUATION.—Each State agency or local educational agency that conducts a program under subpart 1 or 2

shall evaluate the program, disaggregating data on participation

by gender, race, ethnicity, and age, not less than once every 3

years, to determine the program’s impact on the ability of

participants— ‘‘(1) to maintain and improve educational achievement;

‘‘(2) to accrue school credits that meet State requirements

for grade promotion and secondary school graduation; ‘‘(3) to make the transition to a regular program or other

education program operated by a local educational agency; ‘‘(4) to complete secondary school (or secondary school

equivalency requirements) and obtain employment after leaving

the correctional facility or institution for neglected or delinquent

children and youth; and ‘‘(5) as appropriate, to participate in postsecondary education and job training programs.

‘‘(b) EXCEPTION.—The disaggregation required under subsection

(a) shall not be required in a case in which the number of students

in a category is insufficient to yield statistically reliable information

or the results would reveal personally identifiable information about

an individual student. ‘‘(c) EVALUATION MEASURES.—In conducting each evaluation

under subsection (a), a State agency or local educational agency

shall use multiple and appropriate measures of student progress. ‘‘(d) EVALUATION RESULTS.—Each State agency and local educational agency shall— ‘‘(1) submit evaluation results to the State educational

agency and the Secretary; and ‘‘(2) use the results of evaluations under this section to

plan and improve subsequent programs for participating children and youth.

‘‘SEC. 1432. DEFINITIONS.

‘‘In this part:

‘‘(1) ADULT CORRECTIONAL INSTITUTION.—The term ‘adult

correctional institution’ means a facility in which persons

(including persons under 21 years of age) are confined as a

result of a conviction for a criminal offense.

‘‘(2) AT-RISK.—The term ‘at-risk’, when used with respect

to a child, youth, or student, means a school aged individual

who is at-risk of academic failure, has a drug or alcohol

problem, is pregnant or is a parent, has come into contact

with the juvenile justice system in the past, is at least 1

year behind the expected grade level for the age of the individual, has limited English proficiency, is a gang member,

has dropped out of school in the past, or has a high absenteeism

rate at school.

‘‘(3) COMMUNITY DAY PROGRAM.—The term ‘community day

program’ means a regular program of instruction provided by

20 USC 6472.

20 USC 6471.

115 STAT. 1592 PUBLIC LAW 107–110—JAN. 8, 2002

a State agency at a community day school operated specifically

for neglected or delinquent children and youth.

‘‘(4) INSTITUTION FOR NEGLECTED OR DELINQUENT CHILDREN

AND YOUTH.—The term ‘institution for neglected or delinquent

children and youth’ means—

‘‘(A) a public or private residential facility, other than

a foster home, that is operated for the care of children

who have been committed to the institution or voluntarily

placed in the institution under applicable State law, due

to abandonment, neglect, or death of their parents or guardians; or

‘‘(B) a public or private residential facility for the care

of children who have been adjudicated to be delinquent

or in need of supervision.

‘‘PART E—NATIONAL ASSESSMENT OF TITLE I

‘‘SEC. 1501. EVALUATIONS.

‘‘(a) NATIONAL ASSESSMENT OF TITLE I.—

‘‘(1) IN GENERAL.—The Secretary shall conduct a national

assessment of the programs assisted under this title and the

impact of this title on States, local educational agencies, schools,

and students. ‘‘(2) ISSUES TO BE EXAMINED.—In conducting the assessment

under this subsection, the Secretary shall examine, at a minimum, the following:

‘‘(A) The implementation of programs assisted under

this title and the impact of such implementation on

increasing student academic achievement (particularly in

schools with high concentrations of children living in poverty), relative to the goal of all students reaching the

proficient level of achievement based on State academic

assessments, challenging State academic content standards, and challenging State student academic achievement

standards under section 1111.

‘‘(B) The types of programs and services that have

demonstrated the greatest likelihood of helping students

reach the proficient and advanced levels of achievement

based on State student academic achievement standards

and State academic content standards.

‘‘(C) The implementation of State academic standards,

assessments, and accountability systems developed under

this title, including—

‘‘(i) the time and cost required for the development

of academic assessments for students in grades 3

through 8;

‘‘(ii) how well such State assessments meet the

requirements for assessments described in this title;

and

‘‘(iii) the impact of such standards, assessments,

and accountability systems on educational programs

and instruction at the local level.

‘‘(D) Each State’s definition of adequate yearly

progress, including—

‘‘(i) the impact of applying this definition to schools,

local educational agencies, and the State;

20 USC 6491.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1593

‘‘(ii) the number of schools and local educational

agencies not meeting this definition; and ‘‘(iii) the changes in the identification of schools

in need of improvement as a result of such definition.

‘‘(E) How schools, local educational agencies, and States

have—

‘‘(i) publicized and disseminated the local educational agency report cards required under section

1111(h)(2) to teachers, school staff, students, parents,

and the community;

‘‘(ii) used funds made available under this title

to provide preschool and family literacy services and

the impact of these services on students’ school readiness;

‘‘(iii) implemented the provisions of section 1118

and afforded parents meaningful opportunities to be

involved in the education of their children;

‘‘(iv) used Federal, State, and local educational

agency funds and resources to support schools and

provide technical assistance to improve the achievement of students in low-performing schools, including

the impact of the technical assistance on such achievement; and

‘‘(v) used State educational agency and local educational agency funds and resources to help schools

in which 50 percent or more of the students are from

families with incomes below the poverty line meet the

requirement described in section 1119 of having all

teachers highly qualified not later than the end of

the 2005–2006 school year.

‘‘(F) The implementation of schoolwide programs and

targeted assistance programs under this title and the

impact of such programs on improving student academic

achievement, including the extent to which schools meet

the requirements of such programs.

‘‘(G) The extent to which varying models of comprehensive school reform are funded and implemented under this

title, and the effect of the implementation of such models

on improving achievement of disadvantaged students.

‘‘(H) The costs as compared to the benefits of the activities assisted under this title.

‘‘(I) The extent to which actions authorized under section 1116 are implemented by State educational agencies

and local educational agencies to improve the academic

achievement of students in low-performing schools, and

the effectiveness of the implementation of such actions,

including the following:

‘‘(i) The number of schools identified for school

improvement and how many years the schools remain

in this status.

‘‘(ii) The types of support provided by the State

educational agencies and local educational agencies to

schools and local educational agencies respectively

identified as in need of improvement, and the impact

of such support on student achievement.

‘‘(iii) The number of parents who take advantage

of the public school choice provisions of this title, the

Deadline.

115 STAT. 1594 PUBLIC LAW 107–110—JAN. 8, 2002

costs (including transportation costs) associated with

implementing these provisions, the implementation of

these provisions, and the impact of these provisions

(including the impact of attending another school) on

student achievement.

‘‘(iv) The number of parents who choose to take

advantage of the supplemental educational services

option, the criteria used by the States to determine

the quality of providers, the kinds of services that

are available and utilized, the costs associated with

implementing this option, and the impact of receiving

supplemental educational services on student achievement.

‘‘(v) The implementation and impact of actions that

are taken with regard to schools and local educational

agencies identified for corrective action and restructuring.

‘‘(J) The extent to which State and local fiscal

accounting requirements under this title affect the flexibility of schoolwide programs.

‘‘(K) The implementation and impact of the professional

development activities assisted under this title and title

II on instruction, student academic achievement, and

teacher qualifications.

‘‘(L) The extent to which the assistance made available

under this title, including funds under section 1002, is

targeted to disadvantaged students, schools, and local educational agencies with the greatest need.

‘‘(M) The effectiveness of Federal administration assistance made available under this title, including monitoring

and technical assistance.

‘‘(N) The academic achievement of the groups of students described in section 1111(b)(2)(C)(v)(II).

‘‘(O) Such other issues as the Secretary considers

appropriate.

‘‘(3) SOURCES OF INFORMATION.—In conducting the assessment under this subsection, the Secretary shall use information

from a variety of sources, including the National Assessment

of Educational Progress (carried out under section 411 of the

National Education Statistics Act of 1994), State evaluations,

and other research studies.

‘‘(4) COORDINATION.—In carrying out this subsection, the

Secretary shall—

‘‘(A) coordinate the national assessment under this subsection with the longitudinal study described in subsection

(c); and

‘‘(B) ensure that the independent review panel

described in subsection (d) participates in conducting the

national assessment under this subsection, including planning for and reviewing the assessment.

‘‘(5) DEVELOPMENTALLY APPROPRIATE MEASURES.—In conducting the national assessment under this subsection, the

Secretary shall use developmentally appropriate measures to

assess student academic achievement.

‘‘(6) REPORTS.— ‘‘(A) INTERIM REPORT.—Not later than 3 years after

the date of enactment of the No Child Left Behind Act

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1595

of 2001, the Secretary shall transmit to the President,

the Committee on Education and the Workforce of the

House of Representatives, and the Committee on Health,

Education, Labor, and Pensions of the Senate an interim

report on the national assessment conducted under this

subsection.

‘‘(B) FINAL REPORT.—Not later than 5 years after the

date of enactment of the No Child Left Behind Act of

2001, the Secretary shall transmit to the President, the

Committee on Education and the Workforce of the House

of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate a final report

on the national assessment conducted under this subsection.

‘‘(b) STUDIES AND DATA COLLECTION.—

‘‘(1) IN GENERAL.—In addition to other activities described

in this section, the Secretary may, directly or through awarding

grants to or entering into contracts with appropriate entities—

‘‘(A) assess the implementation and effectiveness of

programs under this title;

‘‘(B) collect the data necessary to comply with the

Government Performance and Results Act of 1993; and

‘‘(C) provide guidance and technical assistance to State

educational agencies and local educational agencies in

developing and maintaining management information systems through which such agencies may develop program

performance indicators to improve services and performance.

‘‘(2) MINIMUM INFORMATION.—In carrying out this subsection, the Secretary shall collect, at a minimum, trend

information on the effect of each program authorized under

this title, which shall complement the data collected and

reported under subsections (a) and (c).

‘‘(c) NATIONAL LONGITUDINAL STUDY.—

‘‘(1) IN GENERAL.—The Secretary shall conduct a longitudinal study of schools receiving assistance under part A.

‘‘(2) ISSUES TO BE EXAMINED.—In carrying out this subsection, the Secretary shall ensure that the study referred

to in paragraph (1) provides Congress and educators with each

of the following:

‘‘(A) An accurate description and analysis of the shortand long-term effect of the assistance made available under

this title on academic achievement.

‘‘(B) Information that can be used to improve the

effectiveness of the assistance made available under this

title in enabling students to meet challenging academic

achievement standards.

‘‘(C) An analysis of educational practices or model programs that are effective in improving the achievement

of disadvantaged children.

‘‘(D) An analysis of the costs as compared to the benefits of the assistance made available under this title in

improving the achievement of disadvantaged children.

‘‘(E) An analysis of the effects of the availability of

school choice options under section 1116 on the academic

achievement of disadvantaged students, on schools in school

Deadline.

115 STAT. 1596 PUBLIC LAW 107–110—JAN. 8, 2002

improvement, and on schools from which students have

transferred under such options. ‘‘(F) Such other information as the Secretary considers

appropriate.

‘‘(3) SCOPE.—In conducting the study referred to in paragraph (1), the Secretary shall ensure that the study— ‘‘(A) bases its analysis on a nationally representative

sample of schools participating in programs under this

title;‘‘(B) to the extent practicable, includes in its analysis

students who transfer to different schools during the course

of the study; and ‘‘(C) analyzes varying models or strategies for delivering school services, including— ‘‘(i) schoolwide and targeted services; and

‘‘(ii) comprehensive school reform models. ‘‘(d) INDEPENDENT REVIEW PANEL.—

‘‘(1) IN GENERAL.—The Secretary shall establish an independent review panel (in this subsection referred to as the

‘Review Panel’) to advise the Secretary on methodological and

other issues that arise in carrying out subsections (a) and

(c).

‘‘(2) APPOINTMENT OF MEMBERS.—

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the

Secretary shall appoint members of the Review Panel from

among qualified individuals who are—

‘‘(i) specialists in statistics, evaluation, research,

and assessment;

‘‘(ii) education practitioners, including teachers,

principals, and local and State superintendents;

‘‘(iii) parents and members of local school boards

or other organizations involved with the implementation and operation of programs under this title; and

‘‘(iv) other individuals with technical expertise who

will contribute to the overall rigor and quality of the

program evaluation.

‘‘(B) LIMITATIONS.—In appointing members of the

Review Panel, the Secretary shall ensure that—

‘‘(i) in order to ensure diversity, the Review Panel

includes individuals appointed under subparagraph

(A)(i) who represent disciplines or programs outside

the field of education; and

‘‘(ii) the total number of the individuals appointed

under subparagraph (A)(ii) or (A)(iv) does not exceed

one-fourth of the total number of the individuals

appointed under this paragraph.

‘‘(3) FUNCTIONS.—The Review Panel shall consult with and

advise the Secretary—

‘‘(A) to ensure that the assessment conducted under

subsection (a) and the study conducted under subsection

(c)— ‘‘(i) adhere to the highest possible standards of

quality with respect to research design, statistical analysis, and the dissemination of findings; and

‘‘(ii) use valid and reliable measures to document

program implementation and impacts; and

‘‘(B) to ensure—

Establishment.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1597

‘‘(i) that the final report described in subsection

(a)(6)(B) is reviewed not later than 120 days after

its completion by not less than two independent experts

in program evaluation (who may be from among the

members of the Review Panel appointed under paragraph (2));

‘‘(ii) that such experts evaluate and comment on

the degree to which the report complies with subsection

(a); and

‘‘(iii) that the comments of such experts are transmitted with the report under subsection (a)(6)(B).

‘‘SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

‘‘(a) IN GENERAL.—From the funds appropriated for any fiscal

year under section 1002(e)(1), the Secretary may award grants

to State educational agencies, local educational agencies, other

public agencies, nonprofit organizations, public or private partnerships involving business and industry organizations, and consortia

of such entities to carry out demonstration projects that show

the most promise of enabling children served under this title to

meet challenging State academic content standards and challenging

State student academic achievement standards. ‘‘(b) EVALUATION.—The Secretary shall evaluate the demonstration projects supported under this title, using rigorous methodological designs and techniques, including control groups and random

assignment, to the extent feasible, to produce reliable evidence

of effectiveness.

‘‘(c) PARTNERSHIPS.—From funds appropriated under section

1002(e)(1) for any fiscal year, the Secretary may, directly or through

grants or contracts, work in partnership with State educational

agencies, local educational agencies, other public agencies, and nonprofit organizations to disseminate and use the highest quality

research and knowledge about effective practices to improve the

quality of teaching and learning in schools assisted under this

title.

‘‘SEC. 1503. ASSESSMENT EVALUATION.

‘‘(a) IN GENERAL.—The Secretary shall conduct an independent

study of assessments used for State accountability purposes and

for making decisions about the promotion and graduation of students. Such research shall be conducted over a period not to exceed

5 years and shall address the components described in subsection

(d).

‘‘(b) CONTRACT AUTHORIZED.—The Secretary is authorized to

award a contract, through a peer review process, to an organization

or entity capable of conducting rigorous, independent research. The

Assistant Secretary of Educational Research and Improvement shall

appoint peer reviewers to evaluate the applications for this contract.

‘‘(c) STUDY.—The study shall—

‘‘(1) synthesize and analyze existing research that meets

standards of quality and scientific rigor; and ‘‘(2) evaluate academic assessment and accountability systems in State educational agencies, local educational agencies,

and schools; and

‘‘(3) make recommendations to the Department and to the

Committee on Education and the Workforce of the United

States House of Representatives and the Committee on Health,

20 USC 6493.

20 USC 6492.

115 STAT. 1598 PUBLIC LAW 107–110—JAN. 8, 2002

Education, Labor, and Pensions of the United States Senate,

based on the findings of the study.

‘‘(d) COMPONENTS OF THE RESEARCH PROGRAM.—The study

described in subsection (a) shall examine— ‘‘(1) the effect of the assessment and accountability systems

described in section (c) on students, teachers, parents, families,

schools, school districts, and States, including correlations

between such systems and— ‘‘(A) student academic achievement, progress to the

State-defined level of proficiency, and progress toward

closing achievement gaps, based on independent measures; ‘‘(B) changes in course offerings, teaching practices,

course content, and instructional material; ‘‘(C) changes in turnover rates among teachers, principals, and pupil-services personnel; ‘‘(D) changes in dropout, grade-retention, and graduation rates for students; and ‘‘(E) such other effects as may be appropriate; ‘‘(2) the effect of the academic assessments on students

with disabilities; ‘‘(3) the effect of the academic assessments on low, middle,

and high socioeconomic status students, limited and nonlimited

English proficient students, racial and ethnic minority students,

and nonracial or nonethnic minority students; ‘‘(4) guidelines for assessing the validity, reliability, and

consistency of those systems using nationally recognized professional and technical standards;

‘‘(5) the relationship between accountability systems and

the inclusion or exclusion of students from the assessment

system; and

‘‘(6) such other factors as the Secretary finds appropriate.

‘‘(e) REPORTING.—Not later than 3 years after the contract

described in subsection (b) is awarded, the organization or entity

conducting the study shall submit an interim report to the Committee on Education and the Workforce of the United States House

of Representatives and the Committee on Health, Education, Labor

and Pensions of the United States Senate, and to the President

and the States, and shall make the report widely available to

the public. The organization or entity shall submit a final report

to the same recipients as soon as possible after the completion

of the study. Additional reports may be periodically prepared and

released as necessary.

‘‘(f) RESERVATION OF FUNDS.—The Secretary may reserve up

to 15 percent of the funds authorized to be appropriated for this

part to carry out the study, except such reservation of funds shall

not exceed $1,500,000.

‘‘SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.

‘‘(a) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL

STUDENTS.—

‘‘(1) ESTABLISHMENT.— ‘‘(A) GENERAL AUTHORITY.—In accordance with this

subsection, the Secretary may make grants to the Close

Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting

the Close Up Foundation in carrying out its programs

of increasing civic responsibility and understanding of the

20 USC 6494.

Deadline.

Public

information.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1599

Federal Government among middle school and secondary

school students.

‘‘(B) USE OF FUNDS.—Grants under this subsection

shall be used only to provide financial assistance to

economically disadvantaged students who participate in

the programs described in subparagraph (A).

‘‘(C) NAME OF FELLOWSHIPS.—Financial assistance

received by students pursuant to this subsection shall be

known as Close Up fellowships.

‘‘(2) APPLICATIONS.—

‘‘(A) APPLICATION REQUIRED.—No grant under this subsection may be made except upon an application at such

time, in such manner, and accompanied by such information as the Secretary may reasonably require.

‘‘(B) CONTENTS OF APPLICATION.—Each application submitted under this paragraph shall contain assurances

that—

‘‘(i) Close Up fellowships provided under this subsection shall be made to economically disadvantaged

middle school and secondary school students;

‘‘(ii) every effort shall be made to ensure the

participation of students from rural, small town, and

urban areas;

‘‘(iii) in awarding the fellowships to economically

disadvantaged students, special consideration shall be

given to the participation of those students with special

educational needs, including students with disabilities,

ethnic minority students, and students with migrant

parents; and

‘‘(iv) the funds received under this subsection shall

be properly disbursed.

‘‘(b) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL

TEACHERS.—

‘‘(1) ESTABLISHMENT.—

‘‘(A) GENERAL AUTHORITY.—In accordance with this

subsection, the Secretary may make grants to the Close

Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting

the Close Up Foundation in carrying out its programs

of professional development for middle school and secondary school teachers and its programs to increase civic

responsibility and understanding of the Federal Government among the teachers’ students.

‘‘(B) USE OF FUNDS.—Grants under this subsection

shall be used only to provide financial assistance to

teachers who participate in the programs described in

subparagraph (A).

‘‘(C) NAME OF FELLOWSHIPS.—Financial assistance

received by teachers pursuant to this subsection shall be

known as Close Up fellowships.

‘‘(2) APPLICATIONS.—

‘‘(A) APPLICATION REQUIRED.—No grant under this subsection may be made except upon an application at such

time, in such manner, and accompanied by such information as the Secretary may reasonably require.

115 STAT. 1600 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) CONTENTS OF APPLICATION.—Each application submitted under this paragraph shall contain assurances

that—

‘‘(i) Close Up fellowships provided under this subsection shall be made only to a teacher who has worked

with at least one student from such teacher’s school

who participates in a program described in subsection

(a)(1)(A);

‘‘(ii) no teacher shall receive more than one such

fellowship in any fiscal year; and

‘‘(iii) the funds received under this subsection shall

be properly disbursed.

‘‘(c) PROGRAMS FOR NEW AMERICANS.—

‘‘(1) ESTABLISHMENT.—

‘‘(A) GENERAL AUTHORITY.—In accordance with this

subsection, the Secretary may make grants to the Close

Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting

the Close Up Foundation in carrying out its programs

of increasing civic responsibility and understanding of the

Federal Government among economically disadvantaged

middle school and secondary school recent immigrant students.

‘‘(B) DEFINITION.—In this subsection, the term ‘recent

immigrant student’ means a student who is a member

of a family that immigrated to the United States within

5 years of the student’s participation in such a program.

‘‘(C) USE OF FUNDS.—Grants under this subsection

shall be used only to provide financial assistance to

economically disadvantaged recent immigrant students and

their teachers who participate in the programs described

in subparagraph (A).

‘‘(D) NAME OF FELLOWSHIPS.—Financial assistance

received by students and teachers pursuant to this subsection shall be known as Close Up Fellowships for New

Americans.

‘‘(2) APPLICATIONS.—

‘‘(A) APPLICATION REQUIRED.—No grant under this subsection may be made except upon an application at such

time, in such manner, and accompanied by such information as the Secretary may reasonably require.

‘‘(B) CONTENTS OF APPLICATION.—Each application submitted under this paragraph shall contain assurances

that—

‘‘(i) Close Up Fellowships for New Americans shall

be made to economically disadvantaged middle school

and secondary school recent immigrant students;

‘‘(ii) every effort shall be made to ensure the

participation of recent immigrant students from rural,

small town, and urban areas;

‘‘(iii) in awarding the fellowships to economically

disadvantaged recent immigrant students, special

consideration shall be given to the participation of

those students with special educational needs,

including students with disabilities, students with

migrant parents, and ethnic minority students;

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1601

‘‘(iv) fully describe the activities to be carried out

with the proceeds of the grant made under paragraph

(1); and ‘‘(v) the funds received under this subsection shall

be properly disbursed.

‘‘(d) GENERAL PROVISIONS.— ‘‘(1) ADMINISTRATIVE PROVISIONS.— ‘‘(A) ACCOUNTABILITY.—In consultation with the Secretary, the Close Up Foundation shall devise and implement procedures to measure the efficacy of the programs

authorized in subsections (a), (b), and (c) in attaining objectives that include the following: ‘‘(i) Providing young people with an increased

understanding of the Federal Government. ‘‘(ii) Heightening a sense of civic responsibility

among young people. ‘‘(iii) Enhancing the skills of educators in teaching

young people about civic responsibility, the Federal

Government, and attaining citizenship competencies.

‘‘(B) GENERAL RULE.—Payments under this section may

be made in installments, in advance, or by way of

reimbursement, with necessary adjustments on account of

underpayments or overpayments.

‘‘(C) AUDIT RULE.—The Comptroller General of the

United States or any of the Comptroller General’s duly

authorized representatives shall have access for the purpose of audit and examination to any books, documents,

papers, and records that are pertinent to any grant under

this section.

‘‘(2) CONTINUATION OF AWARDS.—Notwithstanding any

other provision of this Act, any person or entity that was

awarded a grant under part G of title X before the date of

enactment of the No Child Left Behind Act of 2001 shall continue to receive funds in accordance with the terms of such

award until the date on which the award period terminates

under such terms.

‘‘PART F—COMPREHENSIVE SCHOOL REFORM

‘‘SEC. 1601. PURPOSE.

‘‘The purpose of this part is to provide financial incentives

for schools to develop comprehensive school reforms, based upon

scientifically based research and effective practices that include

an emphasis on basic academics and parental involvement so that

all children can meet challenging State academic content and academic achievement standards.

‘‘SEC. 1602. PROGRAM AUTHORIZATION.

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to State educational agencies, from allotments under

paragraph (2), to enable the State educational agencies to award

subgrants to local educational agencies to carry out the purpose

described in section 1601.

‘‘(2) ALLOTMENTS.— ‘‘(A) RESERVATIONS.—Of the amount appropriated

under section 1002(f), the Secretary may reserve—

20 USC 6512.

20 USC 6511.

115 STAT. 1602 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(i) not more than 1 percent for each fiscal year

to provide assistance to schools supported by the

Bureau of Indian Affairs and in the United States

Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands

according to their respective needs for assistance under

this part;

‘‘(ii) not more than 1 percent for each fiscal year

to conduct national evaluation activities described in

section 1607; and

‘‘(iii) not more than 3 percent of the amount appropriated in fiscal year 2002 to carry out this part, for

quality initiatives described in section 1608.

‘‘(B) IN GENERAL.—Of the amount appropriated under

section 1002(f) that remains after making the reservation

under subparagraph (A) for a fiscal year, the Secretary

shall allot to each State for the fiscal year an amount

that bears the same ratio to the remainder for that fiscal

year as the amount made available under section 1124

to the State for the preceding fiscal year bears to the

total amount made available under section 1124 to all

States for that year. ‘‘(C) REALLOTMENT.—If a State does not apply for funds

under this section, the Secretary shall reallot such funds

to other States that do apply in proportion to the amount

allotted to such other States under subparagraph (B).

‘‘SEC. 1603. STATE APPLICATIONS.

‘‘(a) IN GENERAL.—Each State educational agency that desires

to receive a grant under this part shall submit an application

to the Secretary at such time, in such manner, and containing

such information as the Secretary may reasonably require.

‘‘(b) CONTENTS.—Each such application shall describe—

‘‘(1) the process and selection criteria by which the State

educational agency, using expert review, will select local educational agencies to receive subgrants under this part;

‘‘(2) how the State educational agency will ensure that

funds under this part are limited to comprehensive school

reform programs that—

‘‘(A) include each of the components described in section

1606(a);

‘‘(B) have the capacity to improve the academic achievement of all students in core academic subjects within

participating schools; and

‘‘(C) are supported by technical assistance providers

that have a successful track record, financial stability, and

the capacity to deliver high quality materials, professional

development for school personnel, and on-site support

during the full implementation period of the reforms;

‘‘(3) how the State educational agency will disseminate

materials and information on comprehensive school reforms

that are based on scientifically based research and effective

practices;

‘‘(4) how the State educational agency will evaluate

annually the implementation of such reforms and measure

the extent to which the reforms have resulted in increased

student academic achievement; and

20 USC 6513.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1603

‘‘(5) how the State educational agency will provide technical

assistance to the local educational agency or consortia of local

educational agencies, and to participating schools, in evaluating, developing, and implementing comprehensive school

reform.

‘‘SEC. 1604. STATE USE OF FUNDS.

‘‘(a) IN GENERAL.—Except as provided in subsection (e), a State

educational agency that receives a grant under this part shall

use the grant funds to award subgrants, on a competitive basis,

to local educational agencies or consortia of local educational agencies in the State that receive funds under part A, to support comprehensive school reforms in schools that are eligible for funds

under part A. ‘‘(b) SUBGRANT REQUIREMENTS.—A subgrant to a local educational agency or consortium shall be— ‘‘(1) of sufficient size and scope to support the initial costs

of comprehensive school reforms selected or designed by each

school identified in the application of the local educational

agency or consortium; ‘‘(2) in an amount not less than $50,000— ‘‘(A) for each participating school; or

‘‘(B) for each participating consortium of small schools

(which for purposes of this subparagraph means a consortium of small schools serving a total of not more than

500 students); and

‘‘(3) renewable for two additional 1-year subgrant periods

after the initial 1-year subgrant is made if the school is or

the schools are making substantial progress in the implementation of reforms.

‘‘(c) PRIORITY.—A State educational agency, in awarding subgrants under this part, shall give priority to local educational agencies or consortia that—

‘‘(1) plan to use the funds in schools identified as being

in need of improvement or corrective action under section

1116(c); and

‘‘(2) demonstrate a commitment to assist schools with

budget allocation, professional development, and other strategies necessary to ensure the comprehensive school reforms are

properly implemented and are sustained in the future.

‘‘(d) GRANT CONSIDERATION.—In awarding subgrants under this

part, the State educational agency shall take into consideration

the equitable distribution of subgrants to different geographic

regions within the State, including urban and rural areas, and

to schools serving elementary and secondary students.

‘‘(e) ADMINISTRATIVE COSTS.—A State educational agency that

receives a grant under this part may reserve not more than 5

percent of the grant funds for administrative, evaluation, and technical assistance expenses.

‘‘(f) SUPPLEMENT.—Funds made available under this part shall

be used to supplement, and not supplant, any other Federal, State,

or local funds that would otherwise be available to carry out the

activities assisted under this part.

‘‘(g) REPORTING.—Each State educational agency that receives

a grant under this part shall provide to the Secretary such information as the Secretary may require, including the names of local

educational agencies and schools receiving assistance under this

20 USC 6514.

115 STAT. 1604 PUBLIC LAW 107–110—JAN. 8, 2002

part, the amount of the assistance, a description of the comprehensive school reforms selected and used, and a copy of the State’s

annual evaluation of the implementation of comprehensive school

reforms supported under this part and the student achievement

results.

‘‘SEC. 1605. LOCAL APPLICATIONS.

‘‘(a) IN GENERAL.—Each local educational agency or consortium

of local educational agencies desiring a subgrant under this part

shall submit an application to the State educational agency at

such time, in such manner, and containing such information as

the State educational agency may reasonably require. ‘‘(b) CONTENTS.—Each such application shall— ‘‘(1) identify the schools that are eligible for assistance

under part A and plan to implement a comprehensive school

reform program, including the projected costs of such a program; ‘‘(2) describe the comprehensive school reforms based on

scientifically based research and effective practices that such

schools will implement; ‘‘(3) describe how the local educational agency or consortium

will provide technical assistance and support for the effective

implementation of the comprehensive school reforms based on

scientifically based research and effective practices selected

by such schools; and ‘‘(4) describe how the local educational agency or consortium

will evaluate the implementation of such comprehensive school

reforms and measure the results achieved in improving student

academic achievement.

‘‘SEC. 1606. LOCAL USE OF FUNDS.

‘‘(a) USES OF FUNDS.—A local educational agency or consortium

that receives a subgrant under this part shall provide the subgrant

funds to schools that are eligible for assistance under part A and

served by the agency, to enable the schools to implement a comprehensive school reform program that—

‘‘(1) employs proven strategies and proven methods for

student learning, teaching, and school management that are

based on scientifically based research and effective practices

and have been replicated successfully in schools;

‘‘(2) integrates a comprehensive design for effective school

functioning, including instruction, assessment, classroom

management, professional development, parental involvement,

and school management, that aligns the school’s curriculum,

technology, and professional development into a comprehensive

school reform plan for schoolwide change designed to enable

all students to meet challenging State content and student

academic achievement standards and addresses needs identified

through a school needs assessment;

‘‘(3) provides high quality and continuous teacher and staff

professional development;

‘‘(4) includes measurable goals for student academic

achievement and benchmarks for meeting such goals;

‘‘(5) is supported by teachers, principals, administrators,

school personnel staff, and other professional staff;

‘‘(6) provides support for teachers, principals, administrators, and other school staff;

20 USC 6516.

20 USC 6515.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1605

‘‘(7) provides for the meaningful involvement of parents

and the local community in planning, implementing, and evaluating school improvement activities consistent with section

1118;

‘‘(8) uses high quality external technical support and assistance from an entity that has experience and expertise in

schoolwide reform and improvement, which may include an

institution of higher education;

‘‘(9) includes a plan for the annual evaluation of the

implementation of school reforms and the student results

achieved;

‘‘(10) identifies other resources, including Federal, State,

local, and private resources, that shall be used to coordinate

services that will support and sustain the comprehensive school

reform effort; and

‘‘(11)(A) has been found, through scientifically based

research to significantly improve the academic achievement

of students participating in such program as compared to students in schools who have not participated in such program;

or

‘‘(B) has been found to have strong evidence that such

program will significantly improve the academic achievement

of participating children.

‘‘(b) SPECIAL RULE.—A school that receives funds to develop

a comprehensive school reform program shall not be limited to

using nationally available approaches, but may develop the school’s

own comprehensive school reform program for schoolwide change

as described in subsection (a).

‘‘SEC. 1607. EVALUATION AND REPORTS.

‘‘(a) IN GENERAL.—The Secretary shall develop a plan for a

national evaluation of the programs assisted under this part.

‘‘(b) EVALUATION.—The national evaluation shall—

‘‘(1) evaluate the implementation and results achieved by

schools after 3 years of implementing comprehensive school

reforms; and

‘‘(2) assess the effectiveness of comprehensive school

reforms in schools with diverse characteristics.

‘‘(c) REPORTS.—The Secretary shall submit a report describing

the results of the evaluation under subsection (b) for the Comprehensive School Reform Program to the Committee on Education

and the Workforce, and the Committee on Appropriations of the

House of Representatives, and the Committee on Health, Education,

Labor, and Pensions, and the Committee on Appropriations of the

Senate.

‘‘SEC. 1608. QUALITY INITIATIVES.

‘‘The Secretary, through grants or contracts, shall provide funds

for—

‘‘(1) a public-private effort, in which funds are matched

by private organizations, to assist States, local educational

agencies, and schools, in making informed decisions regarding

approving or selecting providers of comprehensive school

reform, consistent with the requirements described in section

1606(a); and

‘‘(2) activities to foster the development of comprehensive

school reform models and to provide effective capacity building

20 USC 6518.

20 USC 6517.

115 STAT. 1606 PUBLIC LAW 107–110—JAN. 8, 2002

for comprehensive school reform providers to expand their work

in more schools, assure quality, and promote financial stability.

‘‘PART G—ADVANCED PLACEMENT PROGRAMS

‘‘SEC. 1701. SHORT TITLE.

‘‘This part may be cited as the ‘Access to High Standards

Act’.

‘‘SEC. 1702. PURPOSES.

The purposes of this part are— ‘‘(1) to support State and local efforts to raise academic

standards through advanced placement programs, and thus

further increase the number of students who participate and

succeed in advanced placement programs; ‘‘(2) to encourage more of the 600,000 students who take

advanced placement courses each year but do not take advanced

placement exams each year, to demonstrate their achievements

through taking the exams; ‘‘(3) to build on the many benefits of advanced placement

programs for students, which benefits may include the acquisition of skills that are important to many employers, Scholastic

Aptitude Test (SAT) scores that are 100 points above the

national averages, and the achievement of better grades in

secondary school and in college than the grades of students

who have not participated in the programs; ‘‘(4) to increase the availability and broaden the range

of schools, including middle schools, that have advanced placement and pre-advanced placement programs;

‘‘(5) to demonstrate that larger and more diverse groups

of students can participate and succeed in advanced placement

programs;

‘‘(6) to provide greater access to advanced placement and

pre-advanced placement courses and highly trained teachers

for low-income and other disadvantaged students;

‘‘(7) to provide access to advanced placement courses for

secondary school students at schools that do not offer advanced

placement programs, increase the rate at which secondary

school students participate in advanced placement courses, and

increase the numbers of students who receive advanced placement test scores for which college academic credit is awarded;

‘‘(8) to increase the participation of low-income individuals

in taking advanced placement tests through the payment or

partial payment of the costs of the advanced placement test

fees; and

‘‘(9) to increase the number of individuals that achieve

a baccalaureate or advanced degree, and to decrease the amount

of time such individuals require to attain such degrees.

‘‘SEC. 1703. FUNDING DISTRIBUTION RULE.

‘‘From amounts appropriated under section 1002(g) for a fiscal

year, the Secretary shall give priority to funding activities under

section 1704 and shall distribute any remaining funds under section

1705.

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

‘‘(a) GRANTS AUTHORIZED.—From amounts made available

under section 1703 for a fiscal year, the Secretary shall award

20 USC 6534.

20 USC 6533.

20 USC 6532.

20 USC 6531.

Access to High

Standards Act.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1607

grants to State educational agencies having applications approved

under this section to enable the State educational agencies to

reimburse low-income individuals to cover part or all of the costs

of advanced placement test fees, if the low-income individuals—

‘‘(1) are enrolled in an advanced placement course; and

‘‘(2) plan to take an advanced placement test.

‘‘(b) AWARD BASIS.—In determining the amount of the grant

awarded to a State educational agency under this section for a

fiscal year, the Secretary shall consider the number of children

eligible to be counted under section 1124(c) in the State in relation

to the number of such children so counted in all the States. ‘‘(c) INFORMATION DISSEMINATION.—A State educational agency

awarded a grant under this section shall disseminate information

regarding the availability of advanced placement test fee payments

under this section to eligible individuals through secondary school

teachers and guidance counselors. ‘‘(d) APPLICATIONS.—Each State educational agency desiring to

receive a grant under this section shall submit an application

to the Secretary at such time, in such manner, and accompanied

by such information as the Secretary may require. At a minimum,

each State educational agency application shall—

‘‘(1) describe the advanced placement test fees the State

educational agency will pay on behalf of low-income individuals

in the State from grant funds awarded under this section;

‘‘(2) provide an assurance that any grant funds awarded

under this section shall be used only to pay for advanced

placement test fees; and

‘‘(3) contain such information as the Secretary may require

to demonstrate that the State educational agency will ensure

that a student is eligible for payments authorized under this

section, including documentation required under chapter 1 of

subpart 2 of part A of title IV of the Higher Education Act

of 1965.

‘‘(e) REGULATIONS.—The Secretary shall prescribe such regulations as are necessary to carry out this section. ‘‘(f) REPORT.—

‘‘(1) IN GENERAL.—Each State educational agency awarded

a grant under this section shall, with respect to each advanced

placement subject, annually report to the Secretary on—

‘‘(A) the number of students in the State who are

taking an advanced placement course in that subject;

‘‘(B) the number of advanced placement tests taken

by students in the State who have taken an advanced

placement course in that subject;

‘‘(C) the number of students in the State scoring at

different levels on advanced placement tests in that subject;

and

‘‘(D) demographic information regarding individuals in

the State taking advanced placement courses and tests

in that subject disaggregated by race, ethnicity, sex,

English proficiency status, and socioeconomic status.

‘‘(2) REPORT TO CONGRESS.—The Secretary shall annually

compile the information received from each State educational

agency under paragraph (1) and report to the appropriate

committees of Congress regarding the information.

‘‘(g) BIA AS SEA.—For purposes of this section the Bureau

of Indian Affairs shall be treated as a State educational agency.

Records.

115 STAT. 1608 PUBLIC LAW 107–110—JAN. 8, 2002

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

‘‘(a) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—From amounts made available under

section 1703 for a fiscal year, the Secretary shall award grants,

on a competitive basis, to eligible entities to enable those entities to carry out the authorized activities described in subsection

(d).

‘‘(2) DURATION AND PAYMENTS.—

‘‘(A) DURATION.—The Secretary shall award a grant

under this section for a period of not more than 3 years.

‘‘(B) PAYMENTS.—The Secretary shall make grant payments under this section on an annual basis.

‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—In this section, the

term ‘eligible entity’ means a State educational agency, local

educational agency, or national nonprofit educational entity

with expertise in advanced placement services.

‘‘(b) APPLICATION.—Each eligible entity desiring a grant under

this section shall submit an application to the Secretary at such

time, in such manner, and accompanied by such information as

the Secretary may require.

‘‘(c) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible entity that submits an

application under subsection (b) that—

‘‘(1) demonstrates a pervasive need for access to advanced

placement incentive programs;

‘‘(2) provides for the involvement of business and community organizations in the activities to be assisted;

‘‘(3) assures the availability of matching funds from State,

local, or other sources to pay for the cost of activities to be

assisted;

‘‘(4) demonstrates a focus on developing or expanding

advanced placement programs and participation in the core

academic areas of English, mathematics, and science;

‘‘(5) demonstrates an intent to carry out activities that

target—

‘‘(A) local educational agencies serving schools with

a high concentration of low-income students; or

‘‘(B) schools with a high concentration of low-income

students; and

‘‘(6) in the case of a local educational agency, assures

that the local educational agency serves schools with a high

concentration of low-income students; or

‘‘(7) demonstrates an intent to carry out activities to

increase the availability of, and participation in, on-line

advanced placement courses.

‘‘(d) AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), an eligible

entity shall use grant funds made available under this section

to expand access for low-income individuals to advanced placement incentive programs that involve—

‘‘(A) teacher training;

‘‘(B) pre-advanced placement course development;

‘‘(C) coordination and articulation between grade levels

to prepare students for academic achievement in advanced

placement courses;

‘‘(D) books and supplies; or

20 USC 6535.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1609

‘‘(E) activities to increase the availability of, and

participation in, on-line advanced placement courses; or ‘‘(F) any other activity directly related to expanding

access to and participation in advanced placement incentive

programs, particularly for low-income individuals.

‘‘(2) STATE EDUCATIONAL AGENCY.—In the case of an eligible

entity that is a State educational agency, the entity may use

grant funds made available under this section to award subgrants to local educational agencies to enable the local educational agencies to carry out the activities under paragraph

(1).

‘‘(e) CONTRACTS.—An eligible entity awarded a grant to provide

online advanced placement courses under this part may enter into

a contract with a nonprofit or for profit organization to provide

the online advanced placement courses, including contracting for

necessary support services. ‘‘(f) DATA COLLECTION AND REPORTING.— ‘‘(1) DATA COLLECTION.—Each eligible entity awarded a

grant under this section shall, with respect to each advanced

placement subject, annually report to the Secretary on— ‘‘(A) the number of students served by the eligible

entity who are taking an advanced placement course in

that subject; ‘‘(B) the number of advanced placement tests taken

by students served by the eligible entity in that subject; ‘‘(C) the number of students served by the eligible

entity scoring at different levels on advanced placement

tests in that subject; and ‘‘(D) demographic information regarding individuals

served by such agency who taking advanced placement

courses and tests in that subject disaggregated by race,

ethnicity, sex, English proficiency status, and socioeconomic

status.

‘‘(2) REPORT.—The Secretary shall annually compile the

information received from each eligible entity under paragraph

(1) and report to the appropriate committees of Congress

regarding the information.

‘‘SEC. 1706. SUPPLEMENT, NOT SUPPLANT.

Grant funds provided under this part shall supplement, and

not supplant, other non-Federal funds that are available to assist

low-income individuals to pay for the cost of advanced placement

test fees or to expand access to advanced placement and preadvanced placement courses.

‘‘SEC. 1707. DEFINITIONS.

‘‘In this part: ‘‘(1) ADVANCED PLACEMENT TEST.—The term ‘advanced

placement test’ means an advanced placement test administered by the College Board or approved by the Secretary.

‘‘(2) HIGH CONCENTRATION OF LOW-INCOME STUDENTS.—The

term ‘high concentration of low-income students’, used with

respect to a school, means a school that serves a student

population 40 percent or more of whom are low-income individuals.

‘‘(3) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ means an individual who is determined by a State

educational agency or local educational agency to be a child,

20 USC 6537.

20 USC 6536.

Records.

115 STAT. 1610 PUBLIC LAW 107–110—JAN. 8, 2002

ages 5 through 17, from a low-income family, on the basis

of data used by the Secretary to determine allocations under

section 1124 of this Act, data on children eligible for free

or reduced-price lunches under the National School Lunch Act,

data on children in families receiving assistance under part

A of title IV of the Social Security Act, or data on children

eligible to receive medical assistance under the medicaid program under title XIX of the Social Security Act, or through

an alternate method that combines or extrapolates from those

data.

‘‘PART H—SCHOOL DROPOUT PREVENTION

‘‘SEC. 1801. SHORT TITLE.

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

‘‘SEC. 1802. PURPOSE.

‘‘The purpose of this part is to provide for school dropout

prevention and reentry and to raise academic achievement levels

by providing grants that—

‘‘(1) challenge all children to attain their highest academic

potential; and

‘‘(2) ensure that all students have substantial and ongoing

opportunities to attain their highest academic potential through

schoolwide programs proven effective in school dropout prevention and reentry.

‘‘SEC. 1803. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this part, there are authorized to be appropriated $125,000,000 for fiscal year 2002 and such

sums as may be necessary for each of the 5 succeeding fiscal

years, of which— ‘‘(1) 10 percent shall be available to carry out subpart

1 for each fiscal year; and ‘‘(2) 90 percent shall be available to carry out subpart

2 for each fiscal year.

‘‘Subpart 1—Coordinated National Strategy

‘‘SEC. 1811. NATIONAL ACTIVITIES.

‘‘(a) IN GENERAL.—The Secretary is authorized—

‘‘(1) to collect systematic data on the effectiveness of the

programs assisted under this part in reducing school dropout

rates and increasing school reentry and secondary school

graduation rates;

‘‘(2) to establish a national clearinghouse of information

on effective school dropout prevention and reentry programs

that shall disseminate to State educational agencies, local educational agencies, and schools—

‘‘(A) the results of research on school dropout prevention and reentry; and

‘‘(B) information on effective programs, best practices,

and Federal resources to—

‘‘(i) reduce annual school dropout rates;

‘‘(ii) increase school reentry; and

‘‘(iii) increase secondary school graduation rates;

20 USC 6555.

20 USC 6553.

20 USC 6552.

20 USC 6551.

Dropout

Prevention Act.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1611

‘‘(3) to provide technical assistance to State educational

agencies, local educational agencies, and schools in designing

and implementing programs and securing resources to implement effective school dropout prevention and reentry programs;

‘‘(4) to establish and consult with an interagency working

group that shall—

‘‘(A) address inter- and intra-agency program coordination issues at the Federal level with respect to school

dropout prevention and reentry, and assess the targeting

of existing Federal services to students who are most at

risk of dropping out of school, and the cost-effectiveness

of various programs and approaches used to address school

dropout prevention and reentry;

‘‘(B) describe the ways in which State educational agencies and local educational agencies can implement effective

school dropout prevention and reentry programs using

funds from a variety of Federal programs, including the

programs under this part; and

‘‘(C) examine Federal programs that may have a positive impact on secondary school graduation or school

reentry;

‘‘(5) to carry out a national recognition program in accordance with subsection (b) that recognizes schools that have made

extraordinary progress in lowering school dropout rates; and

‘‘(6) to use funds made available for this subpart to carry

out the evaluation required under section 1830(c).

‘‘(b) RECOGNITION PROGRAM.—

‘‘(1) ESTABLISHMENT.—The Secretary shall—

‘‘(A) establish a national recognition program; and

‘‘(B) develop uniform national guidelines for the recognition program that shall be used to recognize eligible

schools from nominations submitted by State educational

agencies.

‘‘(2) RECOGNITION.—The Secretary shall recognize, under

the recognition program established under paragraph (1),

eligible schools.

‘‘(3) SUPPORT.—The Secretary may make monetary awards

to an eligible school recognized under this subsection in

amounts determined appropriate by the Secretary that shall

be used for dissemination activities within the eligible school

district or nationally.

‘‘(4) DEFINITION OF ELIGIBLE SCHOOL.—In this subsection,

the term ‘eligible school’ means a public middle school or secondary school, including a charter school, that has implemented

comprehensive reforms that have been effective in lowering

school dropout rates for all students—

‘‘(A) in that secondary school or charter school; or

‘‘(B) in the case of a middle school, in the secondary

school that the middle school feeds students into.

‘‘(c) CAPACITY BUILDING.—

‘‘(1) IN GENERAL.—The Secretary, through a contract with

one or more non-Federal entities, may conduct a capacity

building and design initiative in order to increase the types

of proven strategies for school dropout prevention and reentry

that address the needs of an entire school population rather

than a subset of students.

‘‘(2) NUMBER AND DURATION.—

115 STAT. 1612 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) NUMBER.—The Secretary may award not more

than five contracts under this subsection. ‘‘(B) DURATION.—The Secretary may award a contract

under this subsection for a period of not more than 5

years. ‘‘(d) SUPPORT FOR EXISTING REFORM NETWORKS.— ‘‘(1) IN GENERAL.—The Secretary may provide appropriate

support to eligible entities to enable the eligible entities to

provide training, materials, development, and staff assistance

to schools assisted under this part. ‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In this subsection,

the term ‘eligible entity’ means an entity that, prior to the

date of enactment of the Dropout Prevention Act— ‘‘(A) provided training, technical assistance, and materials related to school dropout prevention or reentry to

100 or more elementary schools or secondary schools; and ‘‘(B) developed and published a specific educational

program or design related to school dropout prevention

or reentry for use by the schools.

‘‘Subpart 2—School Dropout Prevention Initiative

‘‘SEC. 1821. DEFINITIONS.

‘‘In this subpart:

‘‘(1) LOW-INCOME STUDENT.—The term ‘low-income student’

means a student who is determined by a local educational

agency to be from a low-income family using the measures

described in section 1113(c).

‘‘(2) STATE.—The term ‘State’ means each of the several

States of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin

Islands, Guam, American Samoa, the Commonwealth of the

Northern Mariana Islands, and the Bureau of Indian Affairs

for purposes of serving schools funded by the Bureau.

‘‘SEC. 1822. PROGRAM AUTHORIZED.

‘‘(a) GRANTS TO STATE EDUCATIONAL AGENCIES AND LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) AMOUNT LESS THAN $75,000,000.—

‘‘(A) IN GENERAL.—If the amount appropriated under

section 1803 for a fiscal year equals or is less than

$75,000,000, then the Secretary shall use such amount

to award grants, on a competitive basis, to—

‘‘(i) State educational agencies to support

activities—

‘‘(I) in schools that—

‘‘(aa) serve students in grades 6 through

12; and

‘‘(bb) have annual school dropout rates

that are above the State average annual school

dropout rate; or

‘‘(II) in the middle schools that feed students

into the schools described in subclause (I); or

‘‘(ii) local educational agencies that operate—

‘‘(I) schools that—

‘‘(aa) serve students in grades 6 through

12; and

20 USC 6561a.

20 USC 6561.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1613

‘‘(bb) have annual school dropout rates

that are above the State average annual school

dropout rate; or

‘‘(II) middle schools that feed students into

the schools described in subclause (I).

‘‘(B) USE OF GRANT FUNDS.—Grant funds awarded

under this paragraph shall be used to fund effective,

sustainable, and coordinated school dropout prevention and

reentry programs that may include the activities described

in subsection (b)(2), in— ‘‘(i) schools serving students in grades 6 through

12 that have annual school dropout rates that are

above the State average annual school dropout rate;

or ‘‘(ii) the middle schools that feed students into

the schools described in clause (i). ‘‘(2) AMOUNT LESS THAN $250,000,000 BUT MORE THAN

$75,000,000.—If the amount appropriated under section 1803 for

a fiscal year is less than $250,000,000 but more than

$75,000,000, then the Secretary shall use such amount to award

grants, on a competitive basis, to State educational agencies

to enable the State educational agencies to award subgrants

under subsection (b).

‘‘(3) AMOUNT EQUAL TO OR EXCEEDS $250,000,000.—If the

amount appropriated under section 1803 for a fiscal year equals

or exceeds $250,000,000, then the Secretary shall use such

amount to award a grant to each State educational agency

in an amount that bears the same relation to such appropriated

amount as the amount the State educational agency received

under part A for the preceding fiscal year bears to the amount

received by all State educational agencies under such part

for the preceding fiscal year, to enable the State educational

agency to award subgrants under subsection (b).

‘‘(b) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) IN GENERAL.—From amounts made available to a State

educational agency under paragraph (2) or (3) of subsection

(a), the State educational agency shall award subgrants, on

a competitive basis, to local educational agencies that operate

public schools that serve students in grades 6 through 12

and that have annual school dropout rates that are above

the State average annual school dropout rate, to enable those

schools, or the middle schools that feed students into those

schools, to implement effective, sustainable, and coordinated

school dropout prevention and reentry programs that involve

activities such as—

‘‘(A) professional development;

‘‘(B) obtaining curricular materials;

‘‘(C) release time for professional staff to obtain professional development;

‘‘(D) planning and research;

‘‘(E) remedial education;

‘‘(F) reduction in pupil-to-teacher ratios;

‘‘(G) efforts to meet State student academic achievement standards;

‘‘(H) counseling and mentoring for at-risk students;

‘‘(I) implementing comprehensive school reform models,

such as creating smaller learning communities; and

115 STAT. 1614 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(J) school reentry activities. ‘‘(2) AMOUNT.—Subject to paragraph (3), a subgrant under

this subpart shall be awarded— ‘‘(A) in the first year that a local educational agency

receives a subgrant payment under this subpart, in an

amount that is based on factors such as—

‘‘(i) the size of schools operated by the local educational agency;

‘‘(ii) costs of the model or set of prevention and

reentry strategies being implemented; and

‘‘(iii) local cost factors such as poverty rates;

‘‘(B) in the second year, in an amount that is not

less than 75 percent of the amount the local educational

agency received under this subpart in the first such year;

‘‘(C) in the third year, in an amount that is not less

than 50 percent of the amount the local educational agency

received under this subpart in the first such year; and

‘‘(D) in each succeeding year, in an amount that is

not less than 30 percent of the amount the local educational

agency received under this subpart in the first year.

‘‘(3) DURATION.—A subgrant under this subpart shall be

awarded for a period of 3 years, and may be continued for

a period of 2 additional years if the State educational agency

determines, based on the annual reports described in section

1830(a), that significant progress has been made in lowering

the annual school dropout rate for secondary schools participating in the program assisted under this subpart.

‘‘SEC. 1823. APPLICATIONS.

‘‘(a) IN GENERAL.—To receive—

‘‘(1) a grant under this subpart, a State educational agency

or local educational agency shall submit an application and

plan to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably

require; and ‘‘(2) a subgrant under this subpart, a local educational

agency shall submit an application and plan to the State educational agency at such time, in such manner, and accompanied

by such information as the State educational agency may

reasonably require.

‘‘(b) CONTENTS.—

‘‘(1) STATE EDUCATIONAL AGENCY AND LOCAL EDUCATIONAL

AGENCY.—Each application and plan submitted under subsection (a) shall—

‘‘(A) include an outline—

‘‘(i) of the State educational agency’s or local educational agency’s strategy for reducing the State educational agency or local educational agency’s annual

school dropout rate;

‘‘(ii) for targeting secondary schools, and the middle

schools that feed students into those secondary schools,

that have the highest annual school dropout rates;

and

‘‘(iii) for assessing the effectiveness of the efforts

described in the plan;

‘‘(B) contain an identification of the schools in the

State or operated by the local educational agency that

20 USC 6561b.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1615

have annual school dropout rates that are greater than

the average annual school dropout rate for the State; ‘‘(C) describe the instructional strategies to be implemented, how the strategies will serve all students, and

the effectiveness of the strategies;

‘‘(D) describe a budget and timeline for implementing

the strategies;

‘‘(E) contain evidence of coordination with existing

resources;

‘‘(F) provide an assurance that funds provided under

this subpart will supplement, and not supplant, other State

and local funds available for school dropout prevention

and reentry programs; and

‘‘(G) describe how the activities to be assisted conform

with research knowledge about school dropout prevention

and reentry.

‘‘(2) LOCAL EDUCATIONAL AGENCY.—Each application and

plan submitted under subsection (a) by a local educational

agency shall contain, in addition to the requirements of paragraph (1)—

‘‘(A) an assurance that the local educational agency

is committed to providing ongoing operational support for

such schools to address the problem of school dropouts

for a period of 5 years; and

‘‘(B) an assurance that the local educational agency

will support the plan, including—

‘‘(i) provision of release time for teacher training;

‘‘(ii) efforts to coordinate activities for secondary

schools and the middle schools that feed students into

those secondary schools; and

‘‘(iii) encouraging other schools served by the local

educational agency to participate in the plan.

‘‘SEC. 1824. STATE RESERVATION.

‘‘A State educational agency that receives a grant under paragraph (2) or (3) of section 1822(a) may reserve not more than

5 percent of the grant funds for administrative costs and State

activities related to school dropout prevention and reentry activities,

of which not more than 2 percent of the grant funds may be

used for administrative costs.

‘‘SEC. 1825. STRATEGIES AND CAPACITY BUILDING.

‘‘Each local educational agency receiving a grant or subgrant

under this subpart and each State educational agency receiving

a grant under this subpart shall implement scientifically based,

sustainable, and widely replicated strategies for school dropout

prevention and reentry. The strategies may include—

‘‘(1) specific strategies for targeted purposes, such as—

‘‘(A) effective early intervention programs designed to

identify at-risk students;

‘‘(B) effective programs serving at-risk students,

including racial and ethnic minorities and pregnant and

parenting teenagers, designed to prevent such students

from dropping out of school; and

‘‘(C) effective programs to identify and encourage youth

who have already dropped out of school to reenter school

and complete their secondary education; and

20 USC 6561d.

20 USC 6561c.

115 STAT. 1616 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) approaches such as breaking larger schools down into

smaller learning communities and other comprehensive reform

approaches, creating alternative school programs, and developing clear linkages to career skills and employment.

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

‘‘(a) STATE EDUCATIONAL AGENCY REVIEW AND AWARD.—The

State educational agency shall review applications submitted under

section 1823(a)(2) and award subgrants to local educational agencies

with the assistance and advice of a panel of experts on school

dropout prevention and reentry. ‘‘(b) ELIGIBILITY.—A local educational agency is eligible to

receive a subgrant under this subpart if the local educational agency

operates a public school (including a public alternative school)— ‘‘(1) that is eligible to receive assistance under part A;

and ‘‘(2)(A) that serves students 50 percent or more of whom

are low-income students; or ‘‘(B) in which a majority of the students come from feeder

schools that serve students 50 percent or more of whom are

low-income students.

‘‘SEC. 1827. COMMUNITY BASED ORGANIZATIONS.

‘‘A local educational agency that receives a grant or subgrant

under this subpart and a State educational agency that receives

a grant under this subpart may use the funds to secure necessary

services from a community-based organization or other government

agency if the funds are used to provide school dropout prevention

and reentry activities related to schoolwide efforts.

‘‘SEC. 1828. TECHNICAL ASSISTANCE.

‘‘Notwithstanding any other provision of law, each local educational agency that receives funds under this subpart shall use

the funds to provide technical assistance to secondary schools served

by the agency that have not made progress toward lowering annual

school dropout rates after receiving assistance under this subpart

for 2 fiscal years.

‘‘SEC. 1829. SCHOOL DROPOUT RATE CALCULATION.

‘‘For purposes of calculating an annual school dropout rate

under this subpart, a school shall use the annual event school

dropout rate for students leaving a school in a single year determined in accordance with the National Center for Education Statistics’ Common Core of Data.

‘‘SEC. 1830. REPORTING AND ACCOUNTABILITY.

‘‘(a) LOCAL EDUCATIONAL AGENCY REPORTS.—

‘‘(1) IN GENERAL.—To receive funds under this subpart

for a fiscal year after the first fiscal year that a local educational

agency receives funds under this subpart, the local educational

agency shall provide, on an annual basis, a report regarding

the status of the implementation of activities funded under

this subpart, and the dropout data for students at schools

assisted under this subpart, disaggregated by race and ethnicity, to the—

‘‘(A) Secretary, if the local educational agency receives

a grant under section 1822(a)(1); or

20 USC 6561i.

20 USC 6561h.

20 USC 6561g.

20 USC 6561f.

20 USC 6561e.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1617

‘‘(B) State educational agency, if the local educational

agency receives a subgrant under paragraph (2) or (3)

of section 1822(a).

‘‘(2) DROPOUT DATA.—The dropout data under paragraph

(1) shall include annual school dropout rates for each fiscal

year, starting with the 2 fiscal years before the local educational

agency received funds under this subpart.

‘‘(b) STATE REPORT ON PROGRAM ACTIVITIES.—Each State educational agency receiving funds under this subpart shall provide

to the Secretary, at such time and in such format as the Secretary

may require, information on the status of the implementation of

activities funded under this subpart and outcome data for students

in schools assisted under this subpart.

‘‘(c) ACCOUNTABILITY.—The Secretary shall evaluate the effect

of the activities assisted under this subpart on school dropout

prevention compared, if feasible, to a control group using control

procedures. The Secretary may use funds appropriated for subpart

1 to carry out this evaluation.

‘‘PART I—GENERAL PROVISIONS

‘‘SEC. 1901. FEDERAL REGULATIONS.

‘‘(a) IN GENERAL.—The Secretary may issue such regulations

as are necessary to reasonably ensure that there is compliance

with this title. ‘‘(b) NEGOTIATED RULEMAKING PROCESS.—

‘‘(1) IN GENERAL.—Before publishing in the Federal Register

proposed regulations to carry out this title, the Secretary shall

obtain the advice and recommendations of representatives of

Federal, State, and local administrators, parents, teachers,

paraprofessionals, and members of local school boards and other

organizations involved with the implementation and operation

of programs under this title.

‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.—Such advice

and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information.

‘‘(3) PROPOSED REGULATIONS.—After obtaining such advice

and recommendations, and before publishing proposed regulations, the Secretary shall— ‘‘(A) establish a negotiated rulemaking process on, at

a minimum, standards and assessments; ‘‘(B) select individuals to participate in such process

from among individuals or groups that provided advice

and recommendations, including representation from all

geographic regions of the United States, in such numbers

as will provide an equitable balance between representatives of parents and students and representatives of educators and education officials; and

‘‘(C) prepare a draft of proposed policy options that

shall be provided to the individuals selected by the Secretary under subparagraph (B) not less than 15 days before

the first meeting under such process.

‘‘(4) PROCESS.—Such process— ‘‘(A) shall be conducted in a timely manner to ensure

that final regulations are issued by the Secretary not later

Deadline.

Deadline.

Federal Register,

publication.

20 USC 6571.

115 STAT. 1618 PUBLIC LAW 107–110—JAN. 8, 2002

than 1 year after the date of enactment of the No Child

Left Behind Act of 2001; and ‘‘(B) shall not be subject to the Federal Advisory Committee Act, but shall otherwise follow the provisions of

the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et

seq.).

‘‘(5) EMERGENCY SITUATION.—In an emergency situation

in which regulations to carry out this title must be issued

within a very limited time to assist State educational agencies

and local educational agencies with the operation of a program

under this title, the Secretary may issue proposed regulations

without following such process but shall, immediately thereafter

and before issuing final regulations, conduct regional meetings

to review such proposed regulations.

‘‘(c) LIMITATION.—Regulations to carry out this part may not

require local programs to follow a particular instructional model,

such as the provision of services outside the regular classroom

or school program.

‘‘SEC. 1902. AGREEMENTS AND RECORDS.

‘‘(a) AGREEMENTS.—All published proposed regulations shall

conform to agreements that result from negotiated rulemaking

described in section 1901 unless the Secretary reopens the negotiated rulemaking process or provides a written explanation to

the participants involved in the process explaining why the Secretary decided to depart from, and not adhere to, such agreements. ‘‘(b) RECORDS.—The Secretary shall ensure that an accurate

and reliable record of agreements reached during the negotiations

process is maintained.

‘‘SEC. 1903. STATE ADMINISTRATION.

‘‘(a) RULEMAKING.— ‘‘(1) IN GENERAL.—Each State that receives funds under

this title shall— ‘‘(A) ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this

title and provide any such proposed rules, regulations,

and policies to the committee of practitioners created under

subsection (b) for review and comment; ‘‘(B) minimize such rules, regulations, and policies to

which the State’s local educational agencies and schools

are subject; ‘‘(C) eliminate or modify State and local fiscal

accounting requirements in order to facilitate the ability

of schools to consolidate funds under schoolwide programs;

and ‘‘(D) identify any such rule, regulation, or policy as

a State-imposed requirement.

‘‘(2) SUPPORT AND FACILITATION.—State rules, regulations,

and policies under this title shall support and facilitate local

educational agency and school-level systemic reform designed

to enable all children to meet the challenging State student

academic achievement standards.

‘‘(b) COMMITTEE OF PRACTITIONERS.—

‘‘(1) IN GENERAL.—Each State educational agency that

receives funds under this title shall create a State committee

of practitioners to advise the State in carrying out its responsibilities under this title.

20 USC 6573.

20 USC 6572.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1619

‘‘(2) MEMBERSHIP.—Each such committee shall include— ‘‘(A) as a majority of its members, representatives from

local educational agencies; ‘‘(B) administrators, including the administrators of

programs described in other parts of this title;

‘‘(C) teachers, including vocational educators;

‘‘(D) parents;

‘‘(E) members of local school boards;

‘‘(F) representatives of private school children; and

‘‘(G) pupil services personnel.

‘‘(3) DUTIES.—The duties of such committee shall include

a review, before publication, of any proposed or final State

rule or regulation pursuant to this title. In an emergency situation where such rule or regulation must be issued within a

very limited time to assist local educational agencies with the

operation of the program under this title, the State educational

agency may issue a regulation without prior consultation, but

shall immediately thereafter convene the State committee of

practitioners to review the emergency regulation before

issuance in final form.

‘‘SEC. 1904. LOCAL EDUCATIONAL AGENCY SPENDING AUDITS.

‘‘(a) AUDITS.—The Comptroller General of the United States

shall conduct audits of not less than 6 local educational agencies

that receive funds under part A in each fiscal year to determine

more clearly and specifically how local educational agencies are

expending such funds. Such audits—

‘‘(1) shall be conducted in 6 local educational agencies that

represent the size, ethnic, economic, and geographic diversity

of local educational agencies; and

‘‘(2) shall examine the extent to which funds have been

expended for academic instruction in the core curriculum and

activities unrelated to academic instruction in the core curriculum, such as the payment of janitorial, utility, and other

maintenance services, the purchase and lease of vehicles, and

the payment for travel and attendance costs at conferences.

‘‘(b) REPORT.—Not later than 3 months after the completion

of the audits under subsection (a) each year, the Comptroller General of the United States shall submit a report on each audit

to the Committee on Education and the Workforce of the House

of Representatives and the Committee on Health, Education, Labor

and Pensions of the Senate.

‘‘SEC. 1905. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION,

OR CONTROL.

‘‘Nothing in this title shall be construed to authorize an officer

or employee of the Federal Government to mandate, direct, or

control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments,

curriculum, or program of instruction.

‘‘SEC. 1906. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

‘‘Nothing in this title shall be construed to mandate equalized

spending per pupil for a State, local educational agency, or school.

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

‘‘Not later than 1 year after a State educational agency receives

funds under this title, the agency shall report to the Secretary

Deadline.

20 USC 6577.

20 USC 6576.

20 USC 6575.

Deadline.

20 USC 6574.

115 STAT. 1620 PUBLIC LAW 107–110—JAN. 8, 2002

and statewide, all school district data regarding annual school dropout rates in the State disaggregated by race and ethnicity according

to procedures that conform with the National Center for Education

Statistics’ Common Core of Data.

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

‘‘The Secretary shall issue regulations for sections 1111 and

1116 not later than 6 months after the date of enactment of the

No Child Left Behind Act of 2001.’’.

TITLE II—PREPARING, TRAINING, AND

RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS

SEC. 201. TEACHER AND PRINCIPAL TRAINING AND RECRUITING

FUND.

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

‘‘TITLE II—PREPARING, TRAINING, AND

RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS

‘‘PART A—TEACHER AND PRINCIPAL TRAINING

AND RECRUITING FUND

‘‘SEC. 2101. PURPOSE.

‘‘The purpose of this part is to provide grants to State educational agencies, local educational agencies, State agencies for

higher education, and eligible partnerships in order to—

‘‘(1) increase student academic achievement through strategies such as improving teacher and principal quality and

increasing the number of highly qualified teachers in the classroom and highly qualified principals and assistant principals

in schools; and

‘‘(2) hold local educational agencies and schools accountable

for improvements in student academic achievement.

‘‘SEC. 2102. DEFINITIONS.

‘‘In this part:

‘‘(1) ARTS AND SCIENCES.—The term ‘arts and sciences’

means—

‘‘(A) when referring to an organizational unit of an

institution of higher education, any academic unit that

offers one or more academic majors in disciplines or content

areas corresponding to the academic subjects in which

teachers teach; and ‘‘(B) when referring to a specific academic subject, the

disciplines or content areas in which an academic major

is offered by an organizational unit described in subparagraph (A).

‘‘(2) CHARTER SCHOOL.—The term ‘charter school’ has the

meaning given the term in section 5210.

20 USC 6602.

20 USC 6601.

Deadline.

20 USC 6578.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1621

‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘high-need local educational agency’ means a local educational

agency—

‘‘(A)(i) that serves not fewer than 10,000 children from

families with incomes below the poverty line; or

‘‘(ii) for which not less than 20 percent of the children

served by the agency are from families with incomes below

the poverty line; and

‘‘(B)(i) for which there is a high percentage of teachers

not teaching in the academic subjects or grade levels that

the teachers were trained to teach; or

‘‘(ii) for which there is a high percentage of teachers

with emergency, provisional, or temporary certification or

licensing.

‘‘(4) HIGHLY QUALIFIED PARAPROFESSIONAL.—The term ‘highly qualified paraprofessional’ means a paraprofessional

who has not less than 2 years of— ‘‘(A) experience in a classroom; and

‘‘(B) postsecondary education or demonstrated competence in a field or academic subject for which there

is a significant shortage of qualified teachers.

‘‘(5) OUT-OF-FIELD TEACHER.—The term ‘out-of-field teacher’

means a teacher who is teaching an academic subject or a

grade level for which the teacher is not highly qualified.

‘‘(6) PRINCIPAL.—The term ‘principal’ includes an assistant

principal.

‘‘SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.

‘‘(a) GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND

ELIGIBLE PARTNERSHIPS.—There are authorized to be appropriated

to carry out this part (other than subpart 5) $3,175,000,000 for

fiscal year 2002 and such sums as may be necessary for each

of the 5 succeeding fiscal years.

‘‘(b) NATIONAL PROGRAMS.—There are authorized to be appropriated to carry out subpart 5 such sums as may be necessary

for fiscal year 2002 and each of the 5 succeeding fiscal years.

‘‘Subpart 1—Grants to States

‘‘SEC. 2111. ALLOTMENTS TO STATES.

‘‘(a) IN GENERAL.—The Secretary shall make grants to States

with applications approved under section 2112 to pay for the Federal

share of the cost of carrying out the activities specified in section

2113. Each grant shall consist of the allotment determined for

a State under subsection (b).

‘‘(b) DETERMINATION OF ALLOTMENTS.—

‘‘(1) RESERVATION OF FUNDS.—

‘‘(A) IN GENERAL.—From the total amount appropriated

under section 2103(a) for a fiscal year, the Secretary shall

reserve—

‘‘(i) one-half of 1 percent for allotments for the

United States Virgin Islands, Guam, American Samoa,

and the Commonwealth of the Northern Mariana

Islands, to be distributed among those outlying areas

on the basis of their relative need, as determined by

the Secretary, in accordance with the purpose of this

part; and

20 USC 6611.

20 USC 6603.

115 STAT. 1622 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) one-half of 1 percent for the Secretary of the

Interior for programs under this part in schools operated or funded by the Bureau of Indian Affairs.

‘‘(2) STATE ALLOTMENTS.—

‘‘(A) HOLD HARMLESS.—

‘‘(i) IN GENERAL.—Subject to subparagraph (B),

from the funds appropriated under section 2103(a) for

any fiscal year and not reserved under paragraph (1),

the Secretary shall allot to each of the 50 States,

the District of Columbia, and the Commonwealth of

Puerto Rico an amount equal to the total amount that

such State received for fiscal year 2001 under—

‘‘(I) section 2202(b) of this Act (as in effect

on the day before the date of enactment of the

No Child Left Behind Act of 2001); and

‘‘(II) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into

law by section 1(a)(1) of Public Law 106–554).

‘‘(ii) RATABLE REDUCTION.—If the funds described

in clause (i) are insufficient to pay the full amounts

that all States are eligible to receive under clause

(i) for any fiscal year, the Secretary shall ratably reduce

those amounts for the fiscal year.

‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.—

‘‘(i) IN GENERAL.—Subject to clause (ii), for any

fiscal year for which the funds appropriated under

section 2103(a) and not reserved under paragraph (1)

exceed the total amount required to make allotments

under subparagraph (A), the Secretary shall allot to

each of the States described in subparagraph (A) the

sum of—

‘‘(I) an amount that bears the same relationship to 35 percent of the excess amount as the

number of individuals age 5 through 17 in the

State, as determined by the Secretary on the basis

of the most recent satisfactory data, bears to the

number of those individuals in all such States,

as so determined; and

‘‘(II) an amount that bears the same relationship to 65 percent of the excess amount as the

number of individuals age 5 through 17 from families with incomes below the poverty line, in the

State, as determined by the Secretary on the basis

of the most recent satisfactory data, bears to the

number of those individuals in all such States,

as so determined.

‘‘(ii) EXCEPTION.—No State receiving an allotment

under clause (i) may receive less than one-half of 1

percent of the total excess amount allotted under such

clause for a fiscal year.

‘‘(3) REALLOTMENT.—If any State does not apply for an

allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the

remaining States in accordance with this subsection.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1623

‘‘SEC. 2112. STATE APPLICATIONS.

‘‘(a) IN GENERAL.—For a State to be eligible to receive a grant

under this part, the State educational agency shall submit an

application to the Secretary at such time, in such manner, and

containing such information as the Secretary may reasonably

require.

‘‘(b) CONTENTS.—Each application submitted under this section

shall include the following:

‘‘(1) A description of how the activities to be carried out

by the State educational agency under this subpart will be

based on a review of scientifically based research and an explanation of why the activities are expected to improve student

academic achievement.

‘‘(2) A description of how the State educational agency

will ensure that a local educational agency receiving a subgrant

to carry out subpart 2 will comply with the requirements of

such subpart.

‘‘(3) A description of how the State educational agency

will ensure that activities assisted under this subpart are

aligned with challenging State academic content and student

academic achievement standards, State assessments, and State

and local curricula.

‘‘(4) A description of how the State educational agency

will use funds under this part to improve the quality of the

State’s teachers and principals.

‘‘(5)(A) A description of how the State educational agency

will coordinate professional development activities authorized

under this part with professional development activities provided under other Federal, State, and local programs.

‘‘(B) A description of the comprehensive strategy that the

State educational agency will use, as part of such coordination

effort, to ensure that teachers are trained in the use of technology so that technology and applications of technology are

effectively used in the classroom to improve teaching and

learning in all curricula and academic subjects, as appropriate.

‘‘(6) A description of how the State educational agency

will encourage the development of proven, innovative strategies

to deliver intensive professional development programs that

are both cost-effective and easily accessible, such as strategies

that involve delivery through the use of technology, peer networks, and distance learning.

‘‘(7)(A) A description of how the State educational agency

will ensure compliance with the requirements for professional

development activities described in section 9101 and how the

activities to be carried out under the grant will be developed

collaboratively and based on the input of teachers, principals,

parents, administrators, paraprofessionals, and other school

personnel.

‘‘(B) In the case of a State in which the State educational

agency is not the entity responsible for teacher professional

standards, certification, and licensing, an assurance that the

State activities carried out under this subpart are carried out

in conjunction with the entity responsible for such standards,

certification, and licensing under State law.

‘‘(8) A description of how the State educational agency

will ensure that the professional development (including teacher

20 USC 6612.

115 STAT. 1624 PUBLIC LAW 107–110—JAN. 8, 2002

mentoring) needs of teachers will be met using funds under

this subpart and subpart 2.

‘‘(9) A description of the State educational agency’s annual

measurable objectives under section 1119(a)(2).

‘‘(10) A description of how the State educational agency

will use funds under this part to meet the teacher and paraprofessional requirements of section 1119 and how the State

educational agency will hold local educational agencies accountable for meeting the annual measurable objectives described

in section 1119(a)(2).

‘‘(11) In the case of a State that has a charter school

law that exempts teachers from State certification and licensing

requirements, the specific portion of the State law that provides

for the exemption.

‘‘(12) An assurance that the State educational agency will

comply with section 9501 (regarding participation by private

school children and teachers).

‘‘(c) DEEMED APPROVAL.—An application submitted by a State

educational agency pursuant to subsection (a) shall be deemed

to be approved by the Secretary unless the Secretary makes a

written determination, prior to the expiration of the 120-day period

beginning on the date on which the Secretary received the application, that the application is not in compliance with this subpart.

‘‘(d) DISAPPROVAL.—The Secretary shall not finally disapprove

the application, except after giving the State educational agency

notice and an opportunity for a hearing.

‘‘(e) NOTIFICATION.—If the Secretary finds that the application

is not in compliance, in whole or in part, with this subpart, the

Secretary shall—

‘‘(1) give the State educational agency notice and an opportunity for a hearing; and

‘‘(2) notify the State educational agency of the finding of

noncompliance and, in such notification, shall—

‘‘(A) cite the specific provisions in the application that

are not in compliance; and

‘‘(B) request additional information, only as to the noncompliant provisions, needed to make the application

compliant.

‘‘(f) RESPONSE.—If the State educational agency responds to

the Secretary’s notification described in subsection (e)(2) during

the 45-day period beginning on the date on which the agency

received the notification, and resubmits the application with the

requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the

later of—

‘‘(1) the expiration of the 45-day period beginning on the

date on which the application is resubmitted; or

‘‘(2) the expiration of the 120-day period described in subsection (c).

‘‘(g) FAILURE TO RESPOND.—If the State educational agency

does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on

which the agency received the notification, such application shall

be deemed to be disapproved.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1625

‘‘SEC. 2113. STATE USE OF FUNDS.

‘‘(a) IN GENERAL.—A State that receives a grant under section

2111 shall—

‘‘(1) reserve 95 percent of the funds made available through

the grant to make subgrants to local educational agencies as

described in subpart 2;

‘‘(2) reserve 2.5 percent (or, for a fiscal year described

in subsection (b), the percentage determined under subsection

(b)) of the funds to make subgrants to local partnerships as

described in subpart 3; and

‘‘(3) use the remainder of the funds for State activities

described in subsection (c).

‘‘(b) SPECIAL RULE.—For any fiscal year for which the total

amount that would be reserved by all States under subsection

(a)(2), if the States applied a 2.5 percentage rate, exceeds

$125,000,000, the Secretary shall determine an alternative percentage that the States shall apply for that fiscal year under subsection

(a)(2) so that the total amount reserved by all States under subsection (a)(2) equals $125,000,000.

‘‘(c) STATE ACTIVITIES.—The State educational agency for a

State that receives a grant under section 2111 shall use the funds

described in subsection (a)(3) to carry out one or more of the

following activities, which may be carried out through a grant

or contract with a for-profit or nonprofit entity:

‘‘(1) Reforming teacher and principal certification (including

recertification) or licensing requirements to ensure that—

‘‘(A)(i) teachers have the necessary subject matter

knowledge and teaching skills in the academic subjects

that the teachers teach; and

‘‘(ii) principals have the instructional leadership skills

to help teachers teach and students learn;

‘‘(B) teacher certification (including recertification) or

licensing requirements are aligned with challenging State

academic content standards; and

‘‘(C) teachers have the subject matter knowledge and

teaching skills, including technology literacy, and principals

have the instructional leadership skills, necessary to help

students meet challenging State student academic achievement standards.

‘‘(2) Carrying out programs that provide support to teachers

or principals, including support for teachers and principals

new to their profession, such as programs that—

‘‘(A) provide teacher mentoring, team teaching, reduced

class schedules, and intensive professional development;

and

‘‘(B) use standards or assessments for guiding beginning teachers that are consistent with challenging State

student academic achievement standards and with the

requirements for professional development activities

described in section 9101.

‘‘(3) Carrying out programs that establish, expand, or

improve alternative routes for State certification of teachers

and principals, especially in the areas of mathematics and

science, for highly qualified individuals with a baccalaureate

or master’s degree, including mid-career professionals from

other occupations, paraprofessionals, former military personnel,

20 USC 6613.

115 STAT. 1626 PUBLIC LAW 107–110—JAN. 8, 2002

and recent college or university graduates with records of academic distinction who demonstrate the potential to become

highly effective teachers or principals.

‘‘(4) Developing and implementing mechanisms to assist

local educational agencies and schools in effectively recruiting

and retaining highly qualified teachers, including specialists

in core academic subjects, principals, and pupil services personnel, except that funds made available under this paragraph

may be used for pupil services personnel only—

‘‘(A) if the State educational agency is making progress

toward meeting the annual measurable objectives described

in section 1119(a)(2); and

‘‘(B) in a manner consistent with mechanisms to assist

local educational agencies and schools in effectively

recruiting and retaining highly qualified teachers and principals.

‘‘(5) Reforming tenure systems, implementing teacher

testing for subject matter knowledge, and implementing teacher

testing for State certification or licensing, consistent with title

II of the Higher Education Act of 1965.

‘‘(6) Providing professional development for teachers and

principals and, in cases in which a State educational agency

determines support to be appropriate, supporting the participation of pupil services personnel in the same type of professional

development activities as are made available to teachers and

principals.

‘‘(7) Developing systems to measure the effectiveness of

specific professional development programs and strategies to

document gains in student academic achievement or increases

in teacher mastery of the academic subjects the teachers teach.

‘‘(8) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration of the programs carried out under this part, including provision of technical assistance to local educational agencies.

‘‘(9) Funding projects to promote reciprocity of teacher and

principal certification or licensing between or among States,

except that no reciprocity agreement developed under this paragraph or developed using funds provided under this part may

lead to the weakening of any State teaching certification or

licensing requirement.

‘‘(10) Developing or assisting local educational agencies in

the development and use of proven, innovative strategies to

deliver intensive professional development programs that are

both cost-effective and easily accessible, such as strategies that

involve delivery through the use of technology, peer networks,

and distance learning.

‘‘(11) Encouraging and supporting the training of teachers

and administrators to effectively integrate technology into curricula and instruction, including training to improve the ability

to collect, manage, and analyze data to improve teaching,

decisionmaking, school improvement efforts, and accountability.

‘‘(12) Developing, or assisting local educational agencies

in developing, merit-based performance systems, and strategies

that provide differential and bonus pay for teachers in highneed academic subjects such as reading, mathematics, and

science and teachers in high-poverty schools and districts.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1627

‘‘(13) Providing assistance to local educational agencies for

the development and implementation of professional development programs for principals that enable the principals to

be effective school leaders and prepare all students to meet

challenging State academic content and student academic

achievement standards, and the development and support of

school leadership academies to help exceptionally talented

aspiring or current principals and superintendents become outstanding managers and educational leaders.

‘‘(14) Developing, or assisting local educational agencies

in developing, teacher advancement initiatives that promote

professional growth and emphasize multiple career paths (such

as paths to becoming a career teacher, mentor teacher, or

exemplary teacher) and pay differentiation.

‘‘(15) Providing assistance to teachers to enable them to

meet certification, licensing, or other requirements needed to

become highly qualified by the end of the fourth year for which

the State receives funds under this part (as amended by the

No Child Left Behind Act of 2001).

‘‘(16) Supporting activities that ensure that teachers are

able to use challenging State academic content standards and

student academic achievement standards, and State assessments, to improve instructional practices and improve student

academic achievement.

‘‘(17) Funding projects and carrying out programs to encourage men to become elementary school teachers.

‘‘(18) Establishing and operating a center that—

‘‘(A) serves as a statewide clearinghouse for the recruitment and placement of kindergarten, elementary school,

and secondary school teachers; and

‘‘(B) establishes and carries out programs to improve

teacher recruitment and retention within the State.

‘‘(d) ADMINISTRATIVE COSTS.—A State educational agency or

State agency for higher education receiving a grant under this

part may use not more than 1 percent of the grant funds for

planning and administration related to carrying out activities under

subsection (c) and subpart 3.

‘‘(e) COORDINATION.—A State that receives a grant to carry

out this subpart and a grant under section 202 of the Higher

Education Act of 1965 shall coordinate the activities carried out

under this subpart and the activities carried out under that section.

‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds received under this

subpart shall be used to supplement, and not supplant, non-Federal

funds that would otherwise be used for activities authorized under

this subpart.

‘‘Subpart 2—Subgrants to Local Educational

Agencies

‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) IN GENERAL.—The Secretary may make a grant to

a State under subpart 1 only if the State educational agency

agrees to distribute the funds described in this subsection as

subgrants to local educational agencies under this subpart.

‘‘(2) HOLD HARMLESS.—

20 USC 6621.

115 STAT. 1628 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) IN GENERAL.—From the funds reserved by a State

under section 2113(a)(1), the State educational agency shall

allocate to each local educational agency in the State an

amount equal to the total amount that such agency received

for fiscal year 2001 under—

‘‘(i) section 2203(1)(B) of this Act (as in effect on

the day before the date of enactment of the No Child

Left Behind Act of 2001); and

‘‘(ii) section 306 of the Department of Education

Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554).

‘‘(B) NONPARTICIPATING AGENCIES.—In the case of a

local educational agency that did not receive any funds

for fiscal year 2001 under one or both of the provisions

referred to in clauses (i) and (ii) of subparagraph (A),

the amount allocated to the agency under such subparagraph shall be the total amount that the agency would

have received for fiscal year 2001 if the agency had elected

to participate in all of the programs for which the agency

was eligible under each of the provisions referred to in

those clauses. ‘‘(C) RATABLE REDUCTION.—If the funds described in

subparagraph (A) are insufficient to pay the full amounts

that all local educational agencies in the State are eligible

to receive under subparagraph (A) for any fiscal year, the

State educational agency shall ratably reduce such amounts

for the fiscal year.

‘‘(3) ALLOCATION OF ADDITIONAL FUNDS.—For any fiscal

year for which the funds reserved by a State under section

2113(a)(1) exceed the total amount required to make allocations

under paragraph (2), the State educational agency shall allocate

to each of the eligible local educational agencies in the State

the sum of—

‘‘(A) an amount that bears the same relationship to

20 percent of the excess amount as the number of individuals age 5 through 17 in the geographic area served by

the agency, as determined by the Secretary on the basis

of the most recent satisfactory data, bears to the number

of those individuals in the geographic areas served by

all the local educational agencies in the State, as so determined; and

‘‘(B) an amount that bears the same relationship to

80 percent of the excess amount as the number of individuals age 5 through 17 from families with incomes below

the poverty line in the geographic area served by the

agency, as determined by the Secretary on the basis of

the most recent satisfactory data, bears to the number

of those individuals in the geographic areas served by

all the local educational agencies in the State, as so determined.

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

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

this subpart, a local educational agency shall submit an application

to the State educational agency at such time, in such manner,

and containing such information as the State educational agency

may reasonably require.

20 USC 6622.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1629

‘‘(b) CONTENTS.—Each application submitted under this section

shall be based on the needs assessment required in subsection

(c) and shall include the following: ‘‘(1)(A) A description of the activities to be carried out

by the local educational agency under this subpart and how

these activities will be aligned with—

‘‘(i) challenging State academic content standards and

student academic achievement standards, and State assessments; and

‘‘(ii) the curricula and programs tied to the standards

described in clause (i).

‘‘(B) A description of how the activities will be based on

a review of scientifically based research and an explanation

of why the activities are expected to improve student academic

achievement.

‘‘(2) A description of how the activities will have a substantial, measurable, and positive impact on student academic

achievement and how the activities will be used as part of

a broader strategy to eliminate the achievement gap that separates low-income and minority students from other students.

‘‘(3) An assurance that the local educational agency will

target funds to schools within the jurisdiction of the local educational agency that—

‘‘(A) have the lowest proportion of highly qualified

teachers;

‘‘(B) have the largest average class size; or

‘‘(C) are identified for school improvement under section 1116(b).

‘‘(4) A description of how the local educational agency will

coordinate professional development activities authorized under

this subpart with professional development activities provided

through other Federal, State, and local programs.

‘‘(5) A description of the professional development activities

that will be made available to teachers and principals under

this subpart and how the local educational agency will ensure

that the professional development (which may include teacher

mentoring) needs of teachers and principals will be met using

funds under this subpart.

‘‘(6) A description of how the local educational agency will

integrate funds under this subpart with funds received under

part D that are used for professional development to train

teachers to integrate technology into curricula and instruction

to improve teaching, learning, and technology literacy.

‘‘(7) A description of how the local educational agency,

teachers, paraprofessionals, principals, other relevant school

personnel, and parents have collaborated in the planning of

activities to be carried out under this subpart and in the

preparation of the application.

‘‘(8) A description of the results of the needs assessment

described in subsection (c).

‘‘(9) A description of how the local educational agency will

provide training to enable teachers to—

‘‘(A) teach and address the needs of students with

different learning styles, particularly students with disabilities, students with special learning needs (including students who are gifted and talented), and students with

limited English proficiency;

115 STAT. 1630 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) improve student behavior in the classroom and

identify early and appropriate interventions to help students described in subparagraph (A) learn;

‘‘(C) involve parents in their child’s education; and

‘‘(D) understand and use data and assessments to

improve classroom practice and student learning.

‘‘(10) A description of how the local educational agency

will use funds under this subpart to meet the requirements

of section 1119.

‘‘(11) An assurance that the local educational agency will

comply with section 9501 (regarding participation by private

school children and teachers).

‘‘(c) NEEDS ASSESSMENT.—

‘‘(1) IN GENERAL.—To be eligible to receive a subgrant under

this subpart, a local educational agency shall conduct an assessment of local needs for professional development and hiring,

as identified by the local educational agency and school staff.

‘‘(2) REQUIREMENTS.—Such needs assessment shall be conducted with the involvement of teachers, including teachers

participating in programs under part A of title I, and shall

take into account the activities that need to be conducted in

order to give teachers the means, including subject matter

knowledge and teaching skills, and to give principals the

instructional leadership skills to help teachers, to provide students with the opportunity to meet challenging State and local

student academic achievement standards.

‘‘SEC. 2123. LOCAL USE OF FUNDS.

‘‘(a) IN GENERAL.—A local educational agency that receives

a subgrant under section 2121 shall use the funds made available

through the subgrant to carry out one or more of the following

activities, including carrying out the activities through a grant

or contract with a for-profit or nonprofit entity:

‘‘(1) Developing and implementing mechanisms to assist

schools in effectively recruiting and retaining highly qualified

teachers, including specialists in core academic subjects, principals, and pupil services personnel, except that funds made

available under this paragraph may be used for pupil services

personnel only—

‘‘(A) if the local educational agency is making progress

toward meeting the annual measurable objectives described

in section 1119(a)(2); and

‘‘(B) in a manner consistent with mechanisms to assist

schools in effectively recruiting and retaining highly qualified teachers and principals.

‘‘(2) Developing and implementing initiatives to assist in

recruiting highly qualified teachers (particularly initiatives that

have proven effective in retaining highly qualified teachers),

and hiring highly qualified teachers, who will be assigned

teaching positions within their fields, including—

‘‘(A) providing scholarships, signing bonuses, or other

financial incentives, such as differential pay, for teachers

to teach—

‘‘(i) in academic subjects in which there exists a

shortage of highly qualified teachers within a school

or within the local educational agency; and

20 USC 6623.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1631

‘‘(ii) in schools in which there exists a shortage

of highly qualified teachers;

‘‘(B) recruiting and hiring highly qualified teachers

to reduce class size, particularly in the early grades; and

‘‘(C) establishing programs that—

‘‘(i) train and hire regular and special education

teachers (which may include hiring special education

teachers to team-teach in classrooms that contain both

children with disabilities and nondisabled children);

‘‘(ii) train and hire highly qualified teachers of

special needs children, as well as teaching specialists

in core academic subjects who will provide increased

individualized instruction to students;

‘‘(iii) recruit qualified professionals from other

fields, including highly qualified paraprofessionals, and

provide such professionals with alternative routes to

teacher certification, including developing and implementing hiring policies that ensure comprehensive

recruitment efforts as a way to expand the applicant

pool, such as through identifying teachers certified

through alternative routes, and using a system of

intensive screening designed to hire the most qualified

applicants; and

‘‘(iv) provide increased opportunities for minorities,

individuals with disabilities, and other individuals

underrepresented in the teaching profession.

‘‘(3) Providing professional development activities—

‘‘(A) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals,

concerning—

‘‘(i) one or more of the core academic subjects that

the teachers teach; and

‘‘(ii) effective instructional strategies, methods, and

skills, and use of challenging State academic content

standards and student academic achievement standards, and State assessments, to improve teaching practices and student academic achievement; and

‘‘(B) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals, concerning effective instructional practices and that—

‘‘(i) involve collaborative groups of teachers and

administrators;

‘‘(ii) provide training in how to teach and address

the needs of students with different learning styles,

particularly students with disabilities, students with

special learning needs (including students who are

gifted and talented), and students with limited English

proficiency;

‘‘(iii) provide training in methods of—

‘‘(I) improving student behavior in the classroom; and

‘‘(II) identifying early and appropriate interventions to help students described in clause (ii)

learn;

‘‘(iv) provide training to enable teachers and principals to involve parents in their child’s education,

115 STAT. 1632 PUBLIC LAW 107–110—JAN. 8, 2002

especially parents of limited English proficient and

immigrant children; and ‘‘(v) provide training on how to understand and

use data and assessments to improve classroom practice and student learning.

‘‘(4) Developing and implementing initiatives to promote

retention of highly qualified teachers and principals, particularly within elementary schools and secondary schools with

a high percentage of low-achieving students, including programs that provide—

‘‘(A) teacher mentoring from exemplary teachers, principals, or superintendents;

‘‘(B) induction and support for teachers and principals

during their first 3 years of employment as teachers or

principals, respectively;

‘‘(C) incentives, including financial incentives, to retain

teachers who have a record of success in helping lowachieving students improve their academic achievement;

or

‘‘(D) incentives, including financial incentives, to principals who have a record of improving the academic

achievement of all students, but particularly students from

economically disadvantaged families, students from racial

and ethnic minority groups, and students with disabilities.

‘‘(5) Carrying out programs and activities that are designed

to improve the quality of the teacher force, such as—

‘‘(A) innovative professional development programs

(which may be provided through partnerships including

institutions of higher education), including programs that

train teachers and principals to integrate technology into

curricula and instruction to improve teaching, learning,

and technology literacy, are consistent with the requirements of section 9101, and are coordinated with activities

carried out under part D;

‘‘(B) development and use of proven, cost-effective

strategies for the implementation of professional development activities, such as through the use of technology

and distance learning;

‘‘(C) tenure reform;

‘‘(D) merit pay programs; and

‘‘(E) testing of elementary school and secondary school

teachers in the academic subjects that the teachers teach.

‘‘(6) Carrying out professional development activities

designed to improve the quality of principals and superintendents, including the development and support of academies to

help talented aspiring or current principals and superintendents become outstanding managers and educational leaders.

‘‘(7) Hiring highly qualified teachers, including teachers

who become highly qualified through State and local alternative

routes to certification, and special education teachers, in order

to reduce class size, particularly in the early grades.

‘‘(8) Carrying out teacher advancement initiatives that promote professional growth and emphasize multiple career paths

(such as paths to becoming a career teacher, mentor teacher,

or exemplary teacher) and pay differentiation.

‘‘(10) Carrying out programs and activities related to exemplary teachers.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1633

‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds received under this

subpart shall be used to supplement, and not supplant, non-Federal

funds that would otherwise be used for activities authorized under

this subpart.

‘‘Subpart 3—Subgrants to Eligible Partnerships

‘‘SEC. 2131. DEFINITIONS.

‘‘In this subpart: ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means an entity that— ‘‘(A) shall include— ‘‘(i) a private or State institution of higher education and the division of the institution that prepares

teachers and principals; ‘‘(ii) a school of arts and sciences; and

‘‘(iii) a high-need local educational agency; and ‘‘(B) may include another local educational agency, a

public charter school, an elementary school or secondary

school, an educational service agency, a nonprofit educational organization, another institution of higher education, a school of arts and sciences within such an institution, the division of such an institution that prepares

teachers and principals, a nonprofit cultural organization,

an entity carrying out a prekindergarten program, a

teacher organization, a principal organization, or a business.

‘‘(2) LOW-PERFORMING SCHOOL.—The term ‘low-performing

school’ means an elementary school or secondary school that

is identified under section 1116.

‘‘SEC. 2132. SUBGRANTS.

‘‘(a) IN GENERAL.—The State agency for higher education for

a State that receives a grant under section 2111, working in conjunction with the State educational agency (if such agencies are separate), shall use the funds reserved under section 2113(a)(2) to

make subgrants, on a competitive basis, to eligible partnerships

to enable such partnerships to carry out the activities described

in section 2134.

‘‘(b) DISTRIBUTION.—The State agency for higher education shall

ensure that—

‘‘(1) such subgrants are equitably distributed by geographic

area within a State; or

‘‘(2) eligible partnerships in all geographic areas within

the State are served through the subgrants.

‘‘(c) SPECIAL RULE.—No single participant in an eligible partnership may use more than 50 percent of the funds made available

to the partnership under this section.

‘‘SEC. 2133. APPLICATIONS.

‘‘To be eligible to receive a subgrant under this subpart, an

eligible partnership shall submit an application to the State agency

for higher education at such time, in such manner, and containing

such information as the agency may require.

‘‘SEC. 2134. USE OF FUNDS.

‘‘(a) IN GENERAL.—An eligible partnership that receives a

subgrant under section 2132 shall use the subgrant funds for—

20 USC 6634.

20 USC 6633.

20 USC 6632.

20 USC 6631.

115 STAT. 1634 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) professional development activities in core academic

subjects to ensure that— ‘‘(A) teachers and highly qualified paraprofessionals,

and, if appropriate, principals have subject matter knowledge in the academic subjects that the teachers teach,

including the use of computer related technology to enhance

student learning; and

‘‘(B) principals have the instructional leadership skills

that will help such principals work most effectively with

teachers to help students master core academic subjects;

and

‘‘(2) developing and providing assistance to local educational agencies and individuals who are teachers, highly

qualified paraprofessionals, or principals of schools served by

such agencies, for sustained, high-quality professional development activities that—

‘‘(A) ensure that the individuals are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to

improve instructional practices and improve student academic achievement;

‘‘(B) may include intensive programs designed to prepare such individuals who will return to a school to provide

instruction related to the professional development

described in subparagraph (A) to other such individuals

within such school; and

‘‘(C) may include activities of partnerships between

one or more local educational agencies, one or more schools

served by such local educational agencies, and one or more

institutions of higher education for the purpose of

improving teaching and learning at low-performing schools.

‘‘(b) COORDINATION.—An eligible partnership that receives a

subgrant to carry out this subpart and a grant under section 203

of the Higher Education Act of 1965 shall coordinate the activities

carried out under this subpart and the activities carried out under

that section 203.

‘‘Subpart 4—Accountability

‘‘SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY.

‘‘(a) IMPROVEMENT PLAN.—After the second year of the plan

described in section 1119(a)(2), if a State educational agency determines, based on the reports described in section 1119(b)(1), that

a local educational agency in the State has failed to make progress

toward meeting the annual measurable objectives described in section 1119(a)(2), for 2 consecutive years, such local educational

agency shall develop an improvement plan that will enable the

agency to meet such annual measurable objectives and that specifically addresses issues that prevented the agency from meeting

such annual measurable objectives.

‘‘(b) TECHNICAL ASSISTANCE.—During the development of the

improvement plan described in subsection (a) and throughout

implementation of the plan, the State educational agency shall—

‘‘(1) provide technical assistance to the local educational

agency; and

‘‘(2) provide technical assistance, if applicable, to schools

served by the local educational agency that need assistance

20 USC 6641.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1635

to enable the local educational agency to meet the annual

measurable objectives described in section 1119(a)(2).

‘‘(c) ACCOUNTABILITY.—After the third year of the plan described

in section 1119(a)(2), if the State educational agency determines,

based on the reports described in section 1119(b)(1), that the local

educational agency has failed to make progress toward meeting

the annual measurable objectives described in section 1119(a)(2),

and has failed to make adequate yearly progress as described under

section 1111(b)(2)(B), for 3 consecutive years, the State educational

agency shall enter into an agreement with such local educational

agency on the use of that agency’s funds under this part. As part

of this agreement, the State educational agency—

‘‘(1) shall develop, in conjunction with the local educational

agency, teachers, and principals, professional development

strategies and activities, based on scientifically based research,

that the local educational agency will use to meet the annual

measurable objectives described in section 1119(a)(2) and

require such agency to utilize such strategies and activities;

and ‘‘(2)(A) except as provided in subparagraphs (B) and (C),

shall prohibit the use of funds received under part A of title

I to fund any paraprofessional hired after the date such determination is made; ‘‘(B) shall allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency

can demonstrate that the hiring is to fill a vacancy created

by the departure of another paraprofessional funded under

title I and such new paraprofessional satisfies the requirements

of section 1119(c); and ‘‘(C) may allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency

can demonstrate— ‘‘(i) that a significant influx of population has substantially increased student enrollment; or ‘‘(ii) that there is an increased need for translators

or assistance with parental involvement activities. ‘‘(d) SPECIAL RULE.—During the development of the strategies

and activities described in subsection (c)(1), the State educational

agency shall, in conjunction with the local educational agency,

provide from funds allocated to such local educational agency under

subpart 2 directly to one or more schools served by such local

educational agency, to enable teachers at the schools to choose,

with continuing consultation with the principal involved, professional development activities that— ‘‘(1) meet the requirements for professional development

activities described in section 9101; and ‘‘(2) are coordinated with other reform efforts at the schools.

‘‘Subpart 5—National Activities

‘‘SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.

‘‘(a) NATIONAL TEACHER RECRUITMENT CAMPAIGN.—The Secretary is authorized to establish and carry out a national teacher

recruitment campaign, which may include activities carried out

through the National Teacher Recruitment Clearinghouse, to assist

20 USC 6651.

Contracts.

115 STAT. 1636 PUBLIC LAW 107–110—JAN. 8, 2002

high-need local educational agencies in recruiting teachers (particularly those activities that are effective in retaining new teachers)

and training teachers and to conduct a national public service

campaign concerning the resources for, and the routes to, entering

the field of teaching. In carrying out the campaign, the Secretary

may promote and link the activities of the campaign to the information and referral activities of the National Teacher Recruitment

Clearinghouse. The Secretary shall coordinate activities under this

subsection with State and regional recruitment activities.

‘‘(b) SCHOOL LEADERSHIP.—

‘‘(1) IN GENERAL.—The Secretary is authorized to establish

and carry out a national principal recruitment program to

assist high-need local educational agencies in recruiting and

training principals (including assistant principals) through such

activities as—

‘‘(A) providing financial incentives to aspiring new principals;

‘‘(B) providing stipends to principals who mentor new

principals;

‘‘(C) carrying out professional development programs

in instructional leadership and management; and

‘‘(D) providing incentives that are appropriate for

teachers or individuals from other fields who want to

become principals and that are effective in retaining new

principals.

‘‘(2) GRANTS.—If the Secretary uses sums made available

under section 2103(b) to carry out paragraph (1), the Secretary

shall carry out such paragraph by making grants, on a competitive basis, to—

‘‘(A) high-need local educational agencies;

‘‘(B) consortia of high-need local educational agencies;

and

‘‘(C) partnerships of high-need local educational agencies, nonprofit organizations, and institutions of higher education.

‘‘(c) ADVANCED CERTIFICATION OR ADVANCED CREDENTIALING.—

‘‘(1) IN GENERAL.—The Secretary is authorized to support

activities to encourage and support teachers seeking advanced

certification or advanced credentialing through high quality

professional teacher enhancement programs designed to

improve teaching and learning.

‘‘(2) IMPLEMENTATION.—In carrying out paragraph (1), the

Secretary shall make grants to eligible entities to—

‘‘(A) develop teacher standards that include measures

tied to increased student academic achievement; and

‘‘(B) promote outreach, teacher recruitment, teacher

subsidy, or teacher support programs, related to teacher

certification or credentialing by the National Board for

Professional Teaching Standards, the National Council on

Teacher Quality, or other nationally recognized certification

or credentialing organizations.

‘‘(3) ELIGIBLE ENTITIES.—In this subsection, the term

‘eligible entity’ includes—

‘‘(A) a State educational agency;

‘‘(B) a local educational agency;

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1637

‘‘(C) the National Board for Professional Teaching

Standards, in partnership with a high-need local educational agency or a State educational agency; ‘‘(D) the National Council on Teacher Quality, in partnership with a high-need local educational agency or a

State educational agency; or

‘‘(E) another recognized entity, including another recognized certification or credentialing organization, in partnership with a high-need local educational agency or a State

educational agency.

‘‘(d) SPECIAL EDUCATION TEACHER TRAINING.—The Secretary

is authorized to award a grant to the University of Northern Colorado to enable such university to provide, to other institutions

of higher education, assistance in training special education

teachers. ‘‘(e) EARLY CHILDHOOD EDUCATOR PROFESSIONAL DEVELOPMENT.—

‘‘(1) PURPOSE.—The purpose of this subsection is to enhance

the school readiness of young children, particularly disadvantaged young children, and to prevent young children from

encountering difficulties once the children enter school, by

improving the knowledge and skills of early childhood educators

who work in communities that have high concentrations of

children living in poverty.

‘‘(2) PROGRAM AUTHORIZED.—

‘‘(A) GRANTS TO PARTNERSHIPS.—The Secretary is

authorized to carry out the purpose of this subsection by

awarding grants, on a competitive basis, to partnerships

consisting of—

‘‘(i)(I) one or more institutions of higher education

that provide professional development for early childhood educators who work with children from lowincome families in high-need communities; or

‘‘(II) another public or private entity that provides

such professional development; ‘‘(ii) one or more public agencies (including local

educational agencies, State educational agencies, State

human services agencies, and State and local agencies

administering programs under the Child Care and

Development Block Grant Act of 1990 (42 U.S.C. 9858

et seq.), Head Start agencies, or private organizations;

and

‘‘(iii) to the extent feasible, an entity with demonstrated experience in providing training to educators

in early childhood education programs concerning

identifying and preventing behavior problems or

working with children identified as or suspected to

be victims of abuse.

‘‘(B) DURATION AND NUMBER OF GRANTS.—

‘‘(i) DURATION.—The Secretary shall award grants

under this subsection for periods of not more than

4 years.

‘‘(ii) NUMBER.—No partnership may receive more

than one grant under this subsection.

‘‘(3) APPLICATIONS.— ‘‘(A) APPLICATIONS REQUIRED.—Any partnership that

desires to receive a grant under this subsection shall submit

115 STAT. 1638 PUBLIC LAW 107–110—JAN. 8, 2002

an application to the Secretary at such time, in such

manner, and containing such information as the Secretary

may require. ‘‘(B) CONTENTS.—Each such application shall include— ‘‘(i) a description of the high-need community to

be served by the project proposed to be carried out

through the grant, including such demographic and

socioeconomic information as the Secretary may

request; ‘‘(ii) information on the quality of the early childhood educator professional development program currently conducted (as of the date of the submission

of the application) by the institution of higher education or another provider in the partnership; ‘‘(iii) the results of a needs assessment that the

entities in the partnership have undertaken to determine the most critical professional development needs

of the early childhood educators to be served by the

partnership and in the broader community, and a

description of how the proposed project will address

those needs; ‘‘(iv) a description of how the proposed project will

be carried out, including a description of— ‘‘(I) how individuals will be selected to participate;‘‘(II) the types of professional development

activities, based on scientifically based research,

that will be carried out;

‘‘(III) how research on effective professional

development and on adult learning will be used

to design and deliver project activities;

‘‘(IV) how the project will be coordinated with

and build on, and will not supplant or duplicate,

early childhood education professional development activities in the high-need community;

‘‘(V) how the project will train early childhood

educators to provide developmentally appropriate

school-readiness services that are based on the

best available research on early childhood pedagogy and child development and learning domains;

‘‘(VI) how the project will train early childhood

educators to meet the diverse educational needs

of children in the community, including children

who have limited English proficiency, children

with disabilities, or children with other special

needs; and

‘‘(VII) how the project will train early childhood educators in identifying and preventing

behavioral problems in children or working with

children identified as or suspected to be victims

of abuse;

‘‘(v) a description of—

‘‘(I) the specific objectives that the partnership

will seek to attain through the project, and the

methods that the partnership will use to measure

progress toward attainment of those objectives;

and

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1639

‘‘(II) how the objectives and the measurement

methods align with the achievement indicators

established by the Secretary under paragraph

(6)(A);

‘‘(vi) a description of the partnership’s plan for

continuing the activities carried out under the project

after Federal funding ceases;

‘‘(vii) an assurance that, where applicable, the

project will provide appropriate professional development to volunteers working directly with young children, as well as to paid staff; and

‘‘(viii) an assurance that, in developing the application and in carrying out the project, the partnership

has consulted with, and will consult with, relevant

agencies, early childhood educator organizations, and

early childhood providers that are not members of the

partnership.

‘‘(4) SELECTION OF GRANT RECIPIENTS.—

‘‘(A) CRITERIA.—The Secretary shall select partnerships

to receive grants under this subsection on the basis of

the degree to which the communities proposed to be served

require assistance and the quality of the applications submitted under paragraph (3).

‘‘(B) GEOGRAPHIC DISTRIBUTION.—In selecting partnerships to receive grants under this subsection, the Secretary

shall seek to ensure that communities in different regions

of the Nation, as well as both urban and rural communities,

are served.

‘‘(5) USES OF FUNDS.—

‘‘(A) IN GENERAL.—Each partnership receiving a grant

under this subsection shall use the grant funds to carry

out activities that will improve the knowledge and skills

of early childhood educators who are working in early

childhood programs that are located in high-need communities and serve concentrations of children from low-income

families.

‘‘(B) ALLOWABLE ACTIVITIES.—Such activities may

include—

‘‘(i) professional development for early childhood

educators, particularly to familiarize those educators

with the application of recent research on child, language, and literacy development and on early childhood

pedagogy;

‘‘(ii) professional development for early childhood

educators in working with parents, so that the educators and parents can work together to provide and

support developmentally appropriate school-readiness

services that are based on scientifically based research

on early childhood pedagogy and child development

and learning domains;

‘‘(iii) professional development for early childhood

educators to work with children who have limited

English proficiency, children with disabilities, and children with other special needs;

115 STAT. 1640 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(iv) professional development to train early childhood educators in identifying and preventing behavioral problems in children or working with children

identified as or suspected to be victims of abuse;

‘‘(v) activities that assist and support early childhood educators during their first 3 years in the field;

‘‘(vi) development and implementation of early

childhood educator professional development programs

that make use of distance learning and other technologies;

‘‘(vii) professional development activities related

to the selection and use of screening and diagnostic

assessments to improve teaching and learning; and

‘‘(viii) data collection, evaluation, and reporting

needed to meet the requirements of paragraph (6)

relating to accountability.

‘‘(6) ACCOUNTABILITY.—

‘‘(A) ACHIEVEMENT INDICATORS.—On the date on which

the Secretary first issues a notice soliciting applications

for grants under this subsection, the Secretary shall

announce achievement indicators for this subsection, which

shall be designed—

‘‘(i) to measure the quality and accessibility of

the professional development provided;

‘‘(ii) to measure the impact of that professional

development on the early childhood education provided

by the individuals who receive the professional development; and

‘‘(iii) to provide such other measures of program

impact as the Secretary determines to be appropriate.

‘‘(B) ANNUAL REPORTS; TERMINATION.—

‘‘(i) ANNUAL REPORTS.—Each partnership receiving

a grant under this subsection shall report annually

to the Secretary on the partnership’s progress toward

attaining the achievement indicators. ‘‘(ii) TERMINATION.—The Secretary may terminate

a grant under this subsection at any time if the Secretary determines that the partnership receiving the

grant is not making satisfactory progress toward

attaining the achievement indicators.

‘‘(7) COST-SHARING.—

‘‘(A) IN GENERAL.—Each partnership carrying out a

project through a grant awarded under this subsection

shall provide, from sources other than the program carried

out under this subsection, which may include Federal

sources—

‘‘(i) at least 50 percent of the total cost of the

project for the grant period; and

‘‘(ii) at least 20 percent of the project cost for

each year.

‘‘(B) ACCEPTABLE CONTRIBUTIONS.—A partnership may

meet the requirements of subparagraph (A) by providing

contributions in cash or in kind, fairly evaluated, including

plant, equipment, and services.

‘‘(C) WAIVERS.—The Secretary may waive or modify

the requirements of subparagraph (A) for partnerships in

cases of demonstrated financial hardship.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1641

‘‘(8) FEDERAL COORDINATION.—The Secretary and the Secretary of Health and Human Services shall coordinate activities

carried out through programs under this subsection with activities carried out through other early childhood programs

administered by the Secretary or the Secretary of Health and

Human Services.

‘‘(9) DEFINITIONS.—In this subsection: ‘‘(A) EARLY CHILDHOOD EDUCATOR.—The term ‘early

childhood educator’ means a person providing, or employed

by a provider of, nonresidential child care services

(including center-based, family-based, and in-home child

care services) that is legally operating under State law,

and that complies with applicable State and local requirements for the provision of child care services to children

at any age from birth through the age at which a child

may start kindergarten in that State. ‘‘(B) HIGH-NEED COMMUNITY.—

‘‘(i) IN GENERAL.—The term ‘high-need community’

means—

‘‘(I) a political subdivision of a State, or a

portion of a political subdivision of a State, in

which at least 50 percent of the children are from

low-income families; or

‘‘(II) a political subdivision of a State that

is among the 10 percent of political subdivisions

of the State having the greatest numbers of such

children.

‘‘(ii) DETERMINATION.—In determining which

communities are described in clause (i), the Secretary

shall use such data as the Secretary determines are

most accurate and appropriate.

‘‘(C) LOW-INCOME FAMILY.—The term ‘low-income

family’ means a family with an income below the poverty

line for the most recent fiscal year for which satisfactory

data are available. ‘‘(f) TEACHER MOBILITY.—

‘‘(1) ESTABLISHMENT.—The Secretary is authorized to establish a panel to be known as the National Panel on Teacher

Mobility (referred to in this subsection as the ‘panel’).

‘‘(2) MEMBERSHIP.—The panel shall be composed of 12 members appointed by the Secretary. The Secretary shall appoint

the members from among practitioners and experts with experience relating to teacher mobility, such as teachers, members

of teacher certification or licensing bodies, faculty of institutions

of higher education that prepare teachers, and State policymakers with such experience.

‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall

be appointed for the life of the panel. Any vacancy in the

panel shall not affect the powers of the panel, but shall be

filled in the same manner as the original appointment.

‘‘(4) DUTIES.— ‘‘(A) STUDY.—

‘‘(i) IN GENERAL.—The panel shall study strategies

for increasing mobility and employment opportunities

for highly qualified teachers, especially for States with

teacher shortages and States with school districts or

schools that are difficult to staff.

115 STAT. 1642 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) DATA AND ANALYSIS.—As part of the study,

the panel shall evaluate the desirability and feasibility

of State initiatives that support teacher mobility by

collecting data and conducting effective analysis

concerning—‘‘(I) teacher supply and demand;

‘‘(II) the development of recruitment and

hiring strategies that support teachers; and ‘‘(III) increasing reciprocity of certification and

licensing across States. ‘‘(B) REPORT.—Not later than 1 year after the date

on which all members of the panel have been appointed,

the panel shall submit to the Secretary and to the appropriate committees of Congress a report containing the

results of the study.

‘‘(5) POWERS.— ‘‘(A) HEARINGS.—The panel may hold such hearings,

sit and act at such times and places, take such testimony,

and receive such evidence as the panel considers advisable

to carry out the objectives of this subsection. ‘‘(B) INFORMATION FROM FEDERAL AGENCIES.—The

panel may secure directly from any Federal department

or agency such information as the panel considers necessary to carry out the provisions of this subsection. Upon

request of a majority of the members of the panel, the

head of such department or agency shall furnish such

information to the panel. ‘‘(C) POSTAL SERVICES.—The panel may use the United

States mails in the same manner and under the same

conditions as other departments and agencies of the Federal Government.

‘‘(6) PERSONNEL.— ‘‘(A) TRAVEL EXPENSES.—The members of the panel

shall not receive compensation for the performance of services for the panel, but shall be allowed travel expenses,

including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter

57 of title 5, United States Code, while away from their

homes or regular places of business in the performance

of services for the panel. Notwithstanding section 1342

of title 31, United States Code, the Secretary may accept

the voluntary and uncompensated services of members of

the panel. ‘‘(B) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal

Government employee may be detailed to the panel without

reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

‘‘(7) PERMANENT COMMITTEE.—Section 14 of the Federal

Advisory Committee Act (5 U.S.C. App.) shall not apply to

the panel.

‘‘PART B—MATHEMATICS AND SCIENCE

PARTNERSHIPS

‘‘SEC. 2201. PURPOSE; DEFINITIONS.

‘‘(a) PURPOSE.—The purpose of this part is to improve the

academic achievement of students in the areas of mathematics

20 USC 6661.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1643

and science by encouraging State educational agencies, institutions

of higher education, local educational agencies, elementary schools,

and secondary schools to participate in programs that— ‘‘(1) improve and upgrade the status and stature of mathematics and science teaching by encouraging institutions of

higher education to assume greater responsibility for improving

mathematics and science teacher education through the

establishment of a comprehensive, integrated system of

recruiting, training, and advising mathematics and science

teachers;

‘‘(2) focus on the education of mathematics and science

teachers as a career-long process that continuously stimulates

teachers’ intellectual growth and upgrades teachers’ knowledge

and skills;

‘‘(3) bring mathematics and science teachers in elementary

schools and secondary schools together with scientists, mathematicians, and engineers to increase the subject matter knowledge of mathematics and science teachers and improve such

teachers’ teaching skills through the use of sophisticated laboratory equipment and work space, computing facilities, libraries,

and other resources that institutions of higher education are

better able to provide than the elementary schools and secondary schools;

‘‘(4) develop more rigorous mathematics and science curricula that are aligned with challenging State and local academic content standards and with the standards expected for

postsecondary study in engineering, mathematics, and science;

and

‘‘(5) improve and expand training of mathematics and

science teachers, including training such teachers in the effective integration of technology into curricula and instruction.

‘‘(b) DEFINITIONS.—In this part:

‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’

means a partnership that—

‘‘(A) shall include— ‘‘(i) if grants are awarded under section 2202(a)(1),

a State educational agency;

‘‘(ii) an engineering, mathematics, or science

department of an institution of higher education; and

‘‘(iii) a high-need local educational agency; and

‘‘(B) may include—

‘‘(i) another engineering, mathematics, science, or

teacher training department of an institution of higher

education;

‘‘(ii) additional local educational agencies, public

charter schools, public or private elementary schools

or secondary schools, or a consortium of such schools;

‘‘(iii) a business; or

‘‘(iv) a nonprofit or for-profit organization of demonstrated effectiveness in improving the quality of

mathematics and science teachers.

‘‘(2) SUMMER WORKSHOP OR INSTITUTE.—The term ‘summer

workshop or institute’ means a workshop or institute, conducted

during the summer, that—

‘‘(A) is conducted for a period of not less than 2 weeks;

‘‘(B) includes, as a component, a program that provides

direct interaction between students and faculty; and

115 STAT. 1644 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(C) provides for followup training during the academic

year that is conducted in the classroom for a period of

not less than three consecutive or nonconsecutive days,

except that—

‘‘(i) if the workshop or institute is conducted during

a 2-week period, the followup training shall be conducted for a period of not less than 4 days; and

‘‘(ii) if the followup training is for teachers in rural

school districts, the followup training may be conducted

through distance learning.

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

‘‘(a) GRANTS AUTHORIZED.—

‘‘(1) GRANTS TO PARTNERSHIPS.—For any fiscal year for

which the funds appropriated under section 2203 are less than

$100,000,000, the Secretary is authorized to award grants, on

a competitive basis, to eligible partnerships to carry out the

authorized activities described in subsection (c).

‘‘(2) GRANTS TO STATE EDUCATIONAL AGENCIES.—

‘‘(A) IN GENERAL.—For any fiscal year for which the

funds appropriated under section 2203 equal or exceed

$100,000,000—

‘‘(i) if an eligible partnership in the State was

previously awarded a grant under paragraph (1), and

the grant period has not ended, the Secretary shall

reserve funds in a sufficient amount to make payments

to the partnership in accordance with the terms of

the grant; and

‘‘(ii) the Secretary is authorized to award grants

to State educational agencies to enable such agencies

to award subgrants, on a competitive basis, to eligible

partnerships to carry out the authorized activities

described in subsection (c).

‘‘(B) ALLOTMENT.—The Secretary shall allot the amount

made available under this part for a fiscal year and not

reserved under subparagraph (A)(i) among the State educational agencies in proportion to the number of children,

aged 5 to 17, who are from families with incomes below

the poverty line and reside in a State for the most recent

fiscal year for which satisfactory data are available, as

compared to the number of such children who reside in

all such States for such year.

‘‘(C) MINIMUM ALLOTMENT.—The amount of any State

educational agency’s allotment under subparagraph (B) for

any fiscal year may not be less than one-half of 1 percent

of the amount made available under this part for such

year.

‘‘(3) DURATION.—The Secretary shall award grants under

this part for a period of 3 years.

‘‘(4) SUPPLEMENT, NOT SUPPLANT.—Funds received under

this part shall be used to supplement, and not supplant, funds

that would otherwise be used for activities authorized under

this part.

‘‘(b) APPLICATION REQUIREMENTS.—

‘‘(1) IN GENERAL.—Each eligible partnership desiring a

grant or subgrant under this part shall submit an application—

20 USC 6662.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1645

‘‘(A) in the case of grants awarded pursuant to subsection (a)(1), to the Secretary, at such time, in such

manner, and accompanied by such information as the Secretary may require; or

‘‘(B) in the case of subgrants awarded pursuant to

subsection (a)(2), to the State educational agency, at such

time, in such manner, and accompanied by such information as the State educational agency may require.

‘‘(2) CONTENTS.—Each application submitted pursuant to

paragraph (1) shall include—

‘‘(A) the results of a comprehensive assessment of the

teacher quality and professional development needs of any

schools, local educational agencies, and State educational

agencies that comprise the eligible partnership with respect

to the teaching and learning of mathematics and science;

‘‘(B) a description of how the activities to be carried

out by the eligible partnership will be aligned with challenging State academic content and student academic

achievement standards in mathematics and science and

with other educational reform activities that promote student academic achievement in mathematics and science;

‘‘(C) a description of how the activities to be carried

out by the eligible partnership will be based on a review

of scientifically based research, and an explanation of how

the activities are expected to improve student academic

achievement and strengthen the quality of mathematics

and science instruction;

‘‘(D) a description of—

‘‘(i) how the eligible partnership will carry out

the authorized activities described in subsection (c);

and

‘‘(ii) the eligible partnership’s evaluation and

accountability plan described in subsection (e); and

‘‘(E) a description of how the eligible partnership will

continue the activities funded under this part after the

original grant or subgrant period has expired.

‘‘(c) AUTHORIZED ACTIVITIES.—An eligible partnership shall use

funds provided under this part for one or more of the following

activities related to elementary schools or secondary schools:

‘‘(1) Creating opportunities for enhanced and ongoing

professional development of mathematics and science teachers

that improves the subject matter knowledge of such teachers.

‘‘(2) Promoting strong teaching skills for mathematics and

science teachers and teacher educators, including integrating

reliable scientifically based research teaching methods and technology-based teaching methods into the curriculum.

‘‘(3) Establishing and operating mathematics and science

summer workshops or institutes, including followup training,

for elementary school and secondary school mathematics and

science teachers that—

‘‘(A) shall—

‘‘(i) directly relate to the curriculum and academic

areas in which the teacher provides instruction, and

focus only secondarily on pedagogy;

‘‘(ii) enhance the ability of the teacher to understand and use the challenging State academic content

115 STAT. 1646 PUBLIC LAW 107–110—JAN. 8, 2002

standards for mathematics and science and to select

appropriate curricula; and

‘‘(iii) train teachers to use curricula that are—

‘‘(I) based on scientific research;

‘‘(II) aligned with challenging State academic

content standards; and

‘‘(III) object-centered, experiment-oriented,

and concept- and content-based; and

‘‘(B) may include—

‘‘(i) programs that provide teachers and prospective

teachers with opportunities to work under the guidance

of experienced teachers and college faculty;

‘‘(ii) instruction in the use of data and assessments

to inform and instruct classroom practice; and

‘‘(iii) professional development activities, including

supplemental and followup activities, such as curriculum alignment, distance learning, and activities

that train teachers to utilize technology in the classroom.

‘‘(4) Recruiting mathematics, engineering, and science

majors to teaching through the use of—

‘‘(A) signing and performance incentives that are linked

to activities proven effective in retaining teachers, for

individuals with demonstrated professional experience in

mathematics, engineering, or science;

‘‘(B) stipends provided to mathematics and science

teachers for certification through alternative routes;

‘‘(C) scholarships for teachers to pursue advanced

course work in mathematics, engineering, or science; and

‘‘(D) other programs that the State educational agency

determines to be effective in recruiting and retaining

individuals with strong mathematics, engineering, or

science backgrounds.

‘‘(5) Developing or redesigning more rigorous mathematics

and science curricula that are aligned with challenging State

and local academic content standards and with the standards

expected for postsecondary study in mathematics and science.

‘‘(6) Establishing distance learning programs for mathematics and science teachers using curricula that are innovative,

content-based, and based on scientifically based research that

is current as of the date of the program involved.

‘‘(7) Designing programs to prepare a mathematics or

science teacher at a school to provide professional development

to other mathematics or science teachers at the school and

to assist beginning and other teachers at the school, including

(if applicable) a mechanism to integrate the teacher’s experiences from a summer workshop or institute into the provision

of professional development and assistance.

‘‘(8) Establishing and operating programs to bring mathematics and science teachers into contact with working scientists, mathematicians, and engineers, to expand such

teachers’ subject matter knowledge of and research in science

and mathematics.

‘‘(9) Designing programs to identify and develop exemplary

mathematics and science teachers in the kindergarten through

grade 8 classrooms.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1647

‘‘(10) Training mathematics and science teachers and developing programs to encourage young women and other underrepresented individuals in mathematics and science careers

(including engineering and technology) to pursue postsecondary

degrees in majors leading to such careers.

‘‘(d) COORDINATION AND CONSULTATION.—

‘‘(1) PARTNERSHIP GRANTS.—An eligible partnership

receiving a grant under section 203 of the Higher Education

Act of 1965 shall coordinate the use of such funds with any

related activities carried out by such partnership with funds

made available under this part.

‘‘(2) NATIONAL SCIENCE FOUNDATION.—In carrying out the

activities authorized by this part, the Secretary shall consult

and coordinate with the Director of the National Science

Foundation, particularly with respect to the appropriate roles

for the Department and the Foundation in the conduct of

summer workshops, institutes, or partnerships to improve

mathematics and science teaching in elementary schools and

secondary schools.

‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—

‘‘(1) IN GENERAL.—Each eligible partnership receiving a

grant or subgrant under this part shall develop an evaluation

and accountability plan for activities assisted under this part

that includes rigorous objectives that measure the impact of

activities funded under this part.

‘‘(2) CONTENTS.—The plan developed pursuant to paragraph

(1)—

‘‘(A) shall include measurable objectives to increase

the number of mathematics and science teachers who

participate in content-based professional development

activities;

‘‘(B) shall include measurable objectives for improved

student academic achievement on State mathematics and

science assessments or, where applicable, an International

Mathematics and Science Study assessment; and

‘‘(C) may include objectives and measures for—

‘‘(i) increased participation by students in advanced

courses in mathematics and science;

‘‘(ii) increased percentages of elementary school

teachers with academic majors or minors, or group

majors or minors, in mathematics, engineering, or the

sciences; and

‘‘(iii) increased percentages of secondary school

classes in mathematics and science taught by teachers

with academic majors in mathematics, engineering,

and science.

‘‘(f) REPORT.—Each eligible partnership receiving a grant or

subgrant under this part shall report annually to the Secretary

regarding the eligible partnership’s progress in meeting the objectives described in the accountability plan of the partnership under

subsection (e).

‘‘SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

part $450,000,000 for fiscal year 2002 and such sums as may

be necessary for each of the 5 succeeding fiscal years.

20 USC 6663.

115 STAT. 1648 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘PART C—INNOVATION FOR TEACHER

QUALITY

‘‘Subpart 1—Transitions to Teaching

‘‘CHAPTER A—TROOPS-TO-TEACHERS PROGRAM

‘‘SEC. 2301. DEFINITIONS.

‘‘In this chapter: ‘‘(1) ARMED FORCES.—The term ‘Armed Forces’ means the

Army, Navy, Air Force, Marine Corps, and Coast Guard. ‘‘(2) MEMBER OF THE ARMED FORCES.—The term ‘member

of the Armed Forces’ includes a former member of the Armed

Forces. ‘‘(3) PROGRAM.—The term ‘Program’ means the Troops-toTeachers Program authorized by this chapter. ‘‘(4) RESERVE COMPONENT.—The term ‘reserve component’ means—

‘‘(A) the Army National Guard of the United States;

‘‘(B) the Army Reserve;

‘‘(C) the Naval Reserve;

‘‘(D) the Marine Corps Reserve;

‘‘(E) the Air National Guard of the United States;

‘‘(F) the Air Force Reserve; and

‘‘(G) the Coast Guard Reserve. ‘‘(5) SECRETARY CONCERNED.—The term ‘Secretary concerned’ means— ‘‘(A) the Secretary of the Army, with respect to matters

concerning a reserve component of the Army; ‘‘(B) the Secretary of the Navy, with respect to matters

concerning reserve components named in subparagraphs

(C) and (D) of paragraph (4); ‘‘(C) the Secretary of the Air Force, with respect to

matters concerning a reserve component of the Air Force;

and ‘‘(D) the Secretary of Transportation, with respect to

matters concerning the Coast Guard Reserve.

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

‘‘(a) PURPOSE.—The purpose of this section is to authorize a

mechanism for the funding and administration of the Troops-toTeachers Program, which was originally established by the Troopsto-Teachers Program Act of 1999 (title XVII of the National Defense

Authorization Act for Fiscal Year 2000) (20 U.S.C. 9301 et seq.).

‘‘(b) PROGRAM AUTHORIZED.—The Secretary may carry out a

program (to be known as the ‘Troops-to-Teachers Program’)—

‘‘(1) to assist eligible members of the Armed Forces

described in section 2303 to obtain certification or licensing

as elementary school teachers, secondary school teachers, or

vocational or technical teachers, and to become highly qualified

teachers; and

‘‘(2) to facilitate the employment of such members—

‘‘(A) by local educational agencies or public charter

schools that the Secretary identifies as—

‘‘(i) receiving grants under part A of title I as

a result of having within their jurisdictions concentrations of children from low-income families; or

20 USC 6672.

20 USC 6671.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1649

‘‘(ii) experiencing a shortage of highly qualified

teachers, in particular a shortage of science, mathematics, special education, or vocational or technical

teachers; and

‘‘(B) in elementary schools or secondary schools, or

as vocational or technical teachers.

‘‘(c) ADMINISTRATION OF PROGRAM.—The Secretary shall enter

into a memorandum of agreement with the Secretary of Defense

under which the Secretary of Defense, acting through the Defense

Activity for Non-Traditional Education Support of the Department

of Defense, will perform the actual administration of the Program,

other than section 2306. Using funds appropriated to the Secretary

to carry out this chapter, the Secretary shall transfer to the Secretary of Defense such amounts as may be necessary to administer

the Program pursuant to the memorandum of agreement. ‘‘(d) INFORMATION REGARDING PROGRAM.—The Secretary shall

provide to the Secretary of Defense information regarding the Program and applications to participate in the Program, for distribution

as part of preseparation counseling provided under section 1142

of title 10, United States Code, to members of the Armed Forces

described in section 2303. ‘‘(e) PLACEMENT ASSISTANCE AND REFERRAL SERVICES.—The

Secretary may, with the agreement of the Secretary of Defense,

provide placement assistance and referral services to members of

the Armed Forces who meet the criteria described in section 2303,

including meeting education qualification requirements under subsection 2303(c)(2). Such members shall not be eligible for financial

assistance under subsections (c) and (d) of section 2304.

‘‘SEC. 2303. RECRUITMENT AND SELECTION OF PROGRAM PARTICIPANTS.

‘‘(a) ELIGIBLE MEMBERS.—The following members of the Armed

Forces are eligible for selection to participate in the Program:

‘‘(1) Any member who—

‘‘(A) on or after October 1, 1999, becomes entitled to

retired or retainer pay in the manner provided in title

10 or title 14, United States Code;

‘‘(B) has an approved date of retirement that is within

1 year after the date on which the member submits an

application to participate in the Program; or

‘‘(C) has been transferred to the Retired Reserve.

‘‘(2) Any member who, on or after the date of enactment

of the No Child Left Behind Act of 2001—

‘‘(A)(i) is separated or released from active duty after

6 or more years of continuous active duty immediately

before the separation or release; or

‘‘(ii) has completed a total of at least 10 years of active

duty service, 10 years of service computed under section

12732 of title 10, United States Code, or 10 years of any

combination of such service; and

‘‘(B) executes a reserve commitment agreement for a

period of not less than 3 years under subsection (e)(2).

‘‘(3) Any member who, on or after the date of enactment

of the No Child Left Behind Act of 2001, is retired or separated

for physical disability under chapter 61 of title 10, United

States Code.

‘‘(4) Any member who—

20 USC 6673.

Memorandum.

115 STAT. 1650 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) during the period beginning on October 1, 1990,

and ending on September 30, 1999, was involuntarily discharged or released from active duty for purposes of a

reduction of force after 6 or more years of continuous

active duty immediately before the discharge or release;

or

‘‘(B) applied for the teacher placement program

administered under section 1151 of title 10, United States

Code, before the repeal of that section, and satisfied the

eligibility criteria specified in subsection (c) of such section

1151.

‘‘(b) SUBMISSION OF APPLICATIONS.— ‘‘(1) FORM AND SUBMISSION.—Selection of eligible members

of the Armed Forces to participate in the Program shall be

made on the basis of applications submitted to the Secretary

within the time periods specified in paragraph (2). An application shall be in such form and contain such information as

the Secretary may require. ‘‘(2) TIME FOR SUBMISSION.—An application shall be considered to be submitted on a timely basis under paragraph (1)

if—

‘‘(A) in the case of a member described in paragraph

(1)(A), (2), or (3) of subsection (a), the application is submitted not later than 4 years after the date on which

the member is retired or separated or released from active

duty, whichever applies to the member; or

‘‘(B) in the case of a member described in subsection

(a)(4), the application is submitted not later than September 30, 2003.

‘‘(c) SELECTION CRITERIA.—

‘‘(1) ESTABLISHMENT.—Subject to paragraphs (2) and (3),

the Secretary shall prescribe the criteria to be used to select

eligible members of the Armed Forces to participate in the

Program.

‘‘(2) EDUCATIONAL BACKGROUND.— ‘‘(A) ELEMENTARY OR SECONDARY SCHOOL TEACHER.—

If a member of the Armed Forces described in paragraph

(1), (2), or (3) of subsection (a) is applying for assistance

for placement as an elementary school or secondary school

teacher, the Secretary shall require the member to have

received a baccalaureate or advanced degree from an

accredited institution of higher education.

‘‘(B) VOCATIONAL OR TECHNICAL TEACHER.—If a

member of the Armed Forces described in paragraph (1),

(2), or (3) of subsection (a) is applying for assistance for

placement as a vocational or technical teacher, the Secretary shall require the member—

ave received the equivalent of 1 year of college

from an accredited institution of higher education and

have 6 or more years of military experience in a vocational or technical field; or ‘‘(ii) to otherwise meet the certification or licensing

requirements for a vocational or technical teacher in

the State in which the member seeks assistance for

placement under the Program.

‘‘(3) HONORABLE SERVICE.—A member of the Armed Forces

is eligible to participate in the Program only if the member’s

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1651

last period of service in the Armed Forces was honorable,

as characterized by the Secretary concerned (as defined in

section 101(a)(9) of title 10, United States Code). A member

selected to participate in the Program before the retirement

of the member or the separation or release of the member

from active duty may continue to participate in the Program

after the retirement, separation, or release only if the member’s

last period of service is characterized as honorable by the

Secretary concerned (as so defined).

‘‘(d) SELECTION PRIORITIES.—In selecting eligible members of

the Armed Forces to receive assistance under the Program, the

Secretary shall give priority to members who have educational

or military experience in science, mathematics, special education,

or vocational or technical subjects and agree to seek employment

as science, mathematics, or special education teachers in elementary

schools or secondary schools or in other schools under the jurisdiction of a local educational agency. ‘‘(e) OTHER CONDITIONS ON SELECTION.—

‘‘(1) SELECTION SUBJECT TO FUNDING.—The Secretary may

not select an eligible member of the Armed Forces to participate

in the Program under this section and receive financial assistance under section 2304 unless the Secretary has sufficient

appropriations for the Program available at the time of the

selection to satisfy the obligations to be incurred by the United

States under section 2304 with respect to the member.

‘‘(2) RESERVE COMMITMENT AGREEMENT.—The Secretary

may not select an eligible member of the Armed Forces

described in subsection (a)(2)(A) to participate in the Program

under this section and receive financial assistance under section

2304 unless—

‘‘(A) the Secretary notifies the Secretary concerned and

the member that the Secretary has reserved a full stipend

or bonus under section 2304 for the member; and

‘‘(B) the member executes a written agreement with

the Secretary concerned to serve as a member of the

Selected Reserve of a reserve component of the Armed

Forces for a period of not less than 3 years (in addition

to any other reserve commitment the member may have).

‘‘SEC. 2304. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.

‘‘(a) PARTICIPATION AGREEMENT.—

‘‘(1) IN GENERAL.—An eligible member of the Armed Forces

selected to participate in the Program under section 2303 and

receive financial assistance under this section shall be required

to enter into an agreement with the Secretary in which the

member agrees—

‘‘(A) within such time as the Secretary may require,

to obtain certification or licensing as an elementary school

teacher, secondary school teacher, or vocational or technical

teacher, and to become a highly qualified teacher; and

‘‘(B) to accept an offer of full-time employment as an

elementary school teacher, secondary school teacher, or

vocational or technical teacher for not less than 3 school

years with a high-need local educational agency or public

charter school, as such terms are defined in section 2101,

to begin the school year after obtaining that certification

or licensing.

20 USC 6674.

115 STAT. 1652 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) WAIVER.—The Secretary may waive the 3-year commitment described in paragraph (1)(B) for a participant if the

Secretary determines such waiver to be appropriate. If the

Secretary provides the waiver, the participant shall not be

considered to be in violation of the agreement and shall not

be required to provide reimbursement under subsection (f),

for failure to meet the 3-year commitment.

‘‘(b) VIOLATION OF PARTICIPATION AGREEMENT; EXCEPTIONS.— A participant in the Program shall not be considered to be in

violation of the participation agreement entered into under subsection (a) during any period in which the participant— ‘‘(1) is pursuing a full-time course of study related to the

field of teaching at an institution of higher education; ‘‘(2) is serving on active duty as a member of the Armed

Forces; ‘‘(3) is temporarily totally disabled for a period of time

not to exceed 3 years as established by sworn affidavit of

a qualified physician; ‘‘(4) is unable to secure employment for a period not to

exceed 12 months by reason of the care required by a spouse

who is disabled; ‘‘(5) is a highly qualified teacher who is seeking and unable

to find full-time employment as a teacher in an elementary

school or secondary school or as a vocational or technical teacher

for a single period not to exceed 27 months; or ‘‘(6) satisfies the provisions of additional reimbursement

exceptions that may be prescribed by the Secretary.

‘‘(c) STIPEND FOR PARTICIPANTS.—

‘‘(1) STIPEND AUTHORIZED.—Subject to paragraph (2), the

Secretary may pay to a participant in the Program selected

under section 2303 a stipend in an amount of not more than

$5,000.

‘‘(2) LIMITATION.—The total number of stipends that may

be paid under paragraph (1) in any fiscal year may not exceed

5,000.

‘‘(d) BONUS FOR PARTICIPANTS.—

‘‘(1) BONUS AUTHORIZED.—Subject to paragraph (2), the

Secretary may, in lieu of paying a stipend under subsection

(c), pay a bonus of $10,000 to a participant in the Program

selected under section 2303 who agrees in the participation

agreement under subsection (a) to become a highly qualified

teacher and to accept full-time employment as an elementary

school teacher, secondary school teacher, or vocational or technical teacher for not less than 3 school years in a high-need

school.

‘‘(2) LIMITATION.—The total number of bonuses that may

be paid under paragraph (1) in any fiscal year may not exceed

3,000.

‘‘(3) HIGH-NEED SCHOOL DEFINED.—In this subsection, the

term ‘high-need school’ means a public elementary school, public

secondary school, or public charter school that meets one or

more of the following criteria:

‘‘(A) LOW-INCOME CHILDREN.—At least 50 percent of

the students enrolled in the school were from low-income

families (as described in section 2302(b)(2)(A)(i)).

‘‘(B) CHILDREN WITH DISABILITIES.—The school has a

large percentage of students who qualify for assistance

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1653

under part B of the Individuals with Disabilities Education

Act. ‘‘(e) TREATMENT OF STIPEND AND BONUS.—A stipend or bonus

paid under this section to a participant in the Program shall be

taken into account in determining the eligibility of the participant

for Federal student financial assistance provided under title IV

of the Higher Education Act of 1965. ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.— ‘‘(1) REIMBURSEMENT REQUIRED.—A participant in the Program who is paid a stipend or bonus under this section shall

be required to repay the stipend or bonus under the following

circumstances: ‘‘(A) FAILURE TO OBTAIN QUALIFICATIONS OR EMPLOY- MENT.—The participant fails to obtain teacher certification

or licensing, to become a highly qualified teacher, or to

obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher

as required by the participation agreement under subsection (a). ‘‘(B) TERMINATION OF EMPLOYMENT.—The participant

voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school

teacher, or vocational or technical teacher during the 3

years of required service in violation of the participation

agreement.

‘‘(C) FAILURE TO COMPLETE SERVICE UNDER RESERVE

COMMITMENT AGREEMENT.—The participant executed a

written agreement with the Secretary concerned under section 2303(e)(2) to serve as a member of a reserve component

of the Armed Forces for a period of 3 years and fails

to complete the required term of service.

‘‘(2) AMOUNT OF REIMBURSEMENT.—A participant required

to reimburse the Secretary for a stipend or bonus paid to

the participant under this section shall pay an amount that

bears the same ratio to the amount of the stipend or bonus

as the unserved portion of required service bears to the 3

years of required service. Any amount owed by the participant

shall bear interest at the rate equal to the highest rate being

paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities

of 90 days or less and shall accrue from the day on which

the participant is first notified of the amount due.

‘‘(3) TREATMENT OF OBLIGATION.—The obligation to

reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11, United States Code, shall not release

a participant from the obligation to reimburse the Secretary

under this subsection.

‘‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIREMENT.—A

participant shall be excused from reimbursement under this

subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician.

The Secretary may also waive the reimbursement in cases

of extreme hardship to the participant, as determined by the

Secretary.

‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONT- GOMERY GI BILL.—The receipt by a participant in the Program

115 STAT. 1654 PUBLIC LAW 107–110—JAN. 8, 2002

of a stipend or bonus under this section shall not reduce or otherwise affect the entitlement of the participant to any benefits under

chapter 30 of title 38, United States Code, or chapter 1606 of

title 10, United States Code.

‘‘SEC. 2305. PARTICIPATION BY STATES.

‘‘(a) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF

STATES.—The Secretary may permit States participating in the

Program to carry out activities authorized for such States under

the Program through one or more consortia of such States. ‘‘(b) ASSISTANCE TO STATES.— ‘‘(1) GRANTS AUTHORIZED.—Subject to paragraph (2), the

Secretary may make grants to States participating in the Program, or to consortia of such States, in order to permit such

States or consortia of States to operate offices for purposes

of recruiting eligible members of the Armed Forces for participation in the Program and facilitating the employment of participants in the Program as elementary school teachers, secondary

school teachers, and vocational or technical teachers. ‘‘(2) LIMITATION.—The total amount of grants made under paragraph (1) in any fiscal year may not exceed $5,000,000.

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

‘‘(a) PURPOSE.—The purpose of this section is to provide funding

to develop, implement, and demonstrate teacher certification programs. ‘‘(b) DEVELOPMENT, IMPLEMENTATION AND DEMONSTRATION.— The Secretary may enter into a memorandum of agreement with

a State educational agency, an institution of higher education,

or a consortia of State educational agencies or institutions of higher

education, to develop, implement, and demonstrate teacher certification programs for members of the Armed Forces described in

section 2303(a)(1)(B) for the purpose of assisting such members

to consider and prepare for a career as a highly qualified elementary

school teacher, secondary school teacher, or vocational or technical

teacher upon retirement from the Armed Forces. ‘‘(c) PROGRAM ELEMENTS.—A teacher certification program

under subsection (b) shall— ‘‘(1) provide recognition of military experience and training

as related to certification or licensing requirements; ‘‘(2) provide courses of instruction that may be conducted

on or near a military installation; ‘‘(3) incorporate alternative approaches to achieve teacher

certification, such as innovative methods to gaining field-based

teaching experiences, and assessment of background and experience as related to skills, knowledge, and abilities required

of elementary school teachers, secondary school teachers, or

vocational or technical teachers;

‘‘(4) provide for courses to be delivered via distance education methods; and

‘‘(5) address any additional requirements or specifications

established by the Secretary.

‘‘(d) APPLICATION PROCEDURES.—

‘‘(1) IN GENERAL.—A State educational agency or institution

of higher education (or a consortium of State educational agencies or institutions of higher education) that desires to enter

into a memorandum under subsection (b) shall prepare and

20 USC 6676.

20 USC 6675.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1655

submit to the Secretary a proposal, at such time, in such

manner, and containing such information as the Secretary may

require, including an assurance that the State educational

agency, institution, or consortium is operating a program

leading to State approved teacher certification.

‘‘(2) PREFERENCE.—The Secretary shall give preference to

State educational agencies, institutions, and consortia that

submit proposals that provide for cost sharing with respect

to the program involved.

‘‘(e) CONTINUATION OF PROGRAMS.—Upon successful completion

of the demonstration phase of teacher certification programs funded

under this section, the continued operation of the teacher certification programs shall not be the responsibility of the Secretary.

A State educational agency, institution, or consortium that desires

to continue a program that is funded under this section after

such funding is terminated shall use amounts derived from tuition

charges to continue such program.

‘‘(f) FUNDING LIMITATION.—The total amount obligated by the

Secretary under this section for any fiscal year may not exceed

$10,000,000.

‘‘SEC. 2307. REPORTING REQUIREMENTS.

‘‘(a) REPORT REQUIRED.—Not later than March 31, 2006, the

Secretary (in consultation with the Secretary of Defense and the

Secretary of Transportation) and the Comptroller General of the

United States shall submit to Congress a report on the effectiveness

of the Program in the recruitment and retention of qualified personnel by local educational agencies and public charter schools.

‘‘(b) ELEMENTS OF REPORT.—The report submitted under subsection (a) shall include information on the following:

‘‘(1) The number of participants in the Program.

‘‘(2) The schools in which the participants are employed.

‘‘(3) The grade levels at which the participants teach.

‘‘(4) The academic subjects taught by the participants.

‘‘(5) The rates of retention of the participants by the local

educational agencies and public charter schools employing the

participants.

‘‘(6) Such other matters as the Secretary or the Comptroller

General of the United States, as the case may be, considers

to be appropriate.

‘‘CHAPTER B—TRANSITION TO TEACHING PROGRAM

‘‘SEC. 2311. PURPOSES.

‘‘The purposes of this chapter are—

‘‘(1) to establish a program to recruit and retain highly

qualified mid-career professionals (including highly qualified

paraprofessionals), and recent graduates of an institution of

higher education, as teachers in high-need schools, including

recruiting teachers through alternative routes to certification;

and

‘‘(2) to encourage the development and expansion of alternative routes to certification under State-approved programs

that enable individuals to be eligible for teacher certification

within a reduced period of time, relying on the experience,

expertise, and academic qualifications of an individual, or other

20 USC 6681.

Deadline.

20 USC 6677.

115 STAT. 1656 PUBLIC LAW 107–110—JAN. 8, 2002

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

‘‘SEC. 2312. DEFINITIONS.

‘‘In this chapter: ‘‘(1) ELIGIBLE PARTICIPANT.—The term ‘eligible participant’ means—

‘‘(A) an individual with substantial, demonstrable

career experience, including a highly qualified paraprofessional; or ‘‘(B) an individual who is a graduate of an institution

of higher education who— ‘‘(i) has graduated not more than 3 years before

applying to an eligible entity to teach under this

chapter; and ‘‘(ii) in the case of an individual wishing to teach

in a secondary school, has completed an academic

major (or courses totaling an equivalent number of

credit hours) in the academic subject that the individual will teach. ‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term

‘high-need local educational agency’ has the meaning given

the term in section 2102.

‘‘(3) HIGH-NEED SCHOOL.—The term ‘high-need school’

means a school that—

‘‘(A) is located in an area in which the percentage

of students from families with incomes below the poverty

line is 30 percent or more; or

‘‘(B)(i) is located in an area with a high percentage

of out-of-field teachers, as defined in section 2102;

‘‘(ii) is within the top quartile of elementary schools

and secondary schools statewide, as ranked by the number

of unfilled, available teacher positions at the schools;

‘‘(iii) is located in an area in which there is a high

teacher turnover rate; or ‘‘(iv) is located in an area in which there is a high

percentage of teachers who are not certified or licensed.

‘‘SEC. 2313. GRANT PROGRAM.

‘‘(a) IN GENERAL.—The Secretary may establish a program to

make grants on a competitive basis to eligible entities to develop

State and local teacher corps or other programs to establish, expand,

or enhance teacher recruitment and retention efforts.

‘‘(b) ELIGIBLE ENTITY.—To be eligible to receive a grant under

this section, an entity shall be—

‘‘(1) a State educational agency;

‘‘(2) a high-need local educational agency;

‘‘(3) a for-profit or nonprofit organization that has a proven

record of effectively recruiting and retaining highly qualified

teachers, in a partnership with a high-need local educational

agency or with a State educational agency; ‘‘(4) an institution of higher education, in a partnership

with a high-need local educational agency or with a State

educational agency;

‘‘(5) a regional consortium of State educational agencies;

or

‘‘(6) a consortium of high-need local educational agencies.

20 USC 6683.

20 USC 6682.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1657

‘‘(c) PRIORITY.—In making such a grant, the Secretary shall

give priority to a partnership or consortium that includes a highneed State educational agency or local educational agency.

‘‘(d) APPLICATION.—

‘‘(1) IN GENERAL.—To be eligible to receive a grant under

this section, an entity described in subsection (b) shall submit

an application to the Secretary at such time, in such manner,

and containing such information as the Secretary may require.

‘‘(2) CONTENTS.—The application shall describe—

‘‘(A) one or more target recruitment groups on which

the applicant will focus its recruitment efforts;

‘‘(B) the characteristics of each such target group that—

‘‘(i) show the knowledge and experience of the

group’s members; and

‘‘(ii) demonstrate that the members are eligible

to achieve the objectives of this section;

‘‘(C) describe how the applicant will use funds received

under this section to develop a teacher corps or other

program to recruit and retain highly qualified midcareer

professionals (which may include highly qualified paraprofessionals), recent college graduates, and recent graduate school graduates, as highly qualified teachers in highneed schools operated by high-need local educational agencies;

‘‘(D) explain how the program carried out under the

grant will meet the relevant State laws (including regulations) related to teacher certification or licensing and facilitate the certification or licensing of such teachers;

‘‘(E) describe how the grant will increase the number

of highly qualified teachers, in high-need schools operated

by high-need local educational agencies (in urban or rural

school districts), and in high-need academic subjects, in

the jurisdiction served by the applicant; and

‘‘(F) describe how the applicant will collaborate, as

needed, with other institutions, agencies, or organizations

to recruit (particularly through activities that have proven

effective in retaining highly qualified teachers), train, place,

support, and provide teacher induction programs to program participants under this chapter, including providing

evidence of the commitment of the institutions, agencies,

or organizations to the applicant’s programs.

‘‘(e) DURATION OF GRANTS.—The Secretary may make grants

under this section for periods of 5 years. At the end of the 5-

year period for such a grant, the grant recipient may apply for

an additional grant under this section.

‘‘(f) EQUITABLE DISTRIBUTION.—To the extent practicable, the

Secretary shall ensure an equitable geographic distribution of

grants under this section among the regions of the United States.

‘‘(g) USES OF FUNDS.—

‘‘(1) IN GENERAL.—An entity that receives a grant under

this section shall use the funds made available through the

grant to develop a teacher corps or other program in order

to establish, expand, or enhance a teacher recruitment and

retention program for highly qualified mid-career professionals

(including highly qualified paraprofessionals), and recent graduates of an institution of higher education, who are eligible

115 STAT. 1658 PUBLIC LAW 107–110—JAN. 8, 2002

participants, including activities that provide alternative routes

to teacher certification.

‘‘(2) AUTHORIZED ACTIVITIES.—The entity shall use the

funds to carry out a program that includes two or more of

the following activities:

‘‘(A) Providing scholarships, stipends, bonuses, and

other financial incentives, that are linked to participation

in activities that have proven effective in retaining teachers

in high-need schools operated by high-need local educational agencies, to all eligible participants, in an amount

not to exceed $5,000 per participant.

‘‘(B) Carrying out pre- and post-placement induction

or support activities that have proven effective in recruiting

and retaining teachers, such as—

‘‘(i) teacher mentoring;

‘‘(ii) providing internships;

‘‘(iii) providing high-quality, preservice coursework;

and

‘‘(iv) providing high-quality, sustained inservice

professional development.

‘‘(C) Carrying out placement and ongoing activities to

ensure that teachers are placed in fields in which the

teachers are highly qualified to teach and are placed in

high-need schools.

‘‘(D) Making payments to pay for costs associated with

accepting teachers recruited under this section from among

eligible participants or provide financial incentives to

prospective teachers who are eligible participants.

‘‘(E) Collaborating with institutions of higher education

in developing and implementing programs to facilitate

teacher recruitment (including teacher credentialing) and

teacher retention programs.

‘‘(F) Carrying out other programs, projects, and activities that are designed and have proven to be effective

in recruiting and retaining teachers, and that the Secretary

determines to be appropriate.

‘‘(G) Developing long-term recruitment and retention

strategies including developing—

‘‘(i) a statewide or regionwide clearinghouse for

the recruitment and placement of teachers;

‘‘(ii) administrative structures to develop and

implement programs to provide alternative routes to

certification;

‘‘(iii) reciprocity agreements between or among

States for the certification or licensing of teachers;

or

‘‘(iv) other long-term teacher recruitment and

retention strategies.

‘‘(3) EFFECTIVE PROGRAMS.—The entity shall use the funds

only for programs that have proven to be effective in both

recruiting and retaining teachers.

‘‘(h) REQUIREMENTS.—

‘‘(1) TARGETING.—An entity that receives a grant under

this section to carry out a program shall ensure that participants in the program recruited with funds made available

under this section are placed in high-need schools operated

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1659

by high-need local educational agencies. In placing the participants in the schools, the entity shall give priority to the schools

that are located in areas with the highest percentages of students from families with incomes below the poverty line.

‘‘(2) SUPPLEMENT, NOT SUPPLANT.—Funds made available

under this section shall be used to supplement, and not supplant, State and local public funds expended for teacher recruitment and retention programs, including programs to recruit

the teachers through alternative routes to certification.

‘‘(3) PARTNERSHIPS AND CONSORTIA OF LOCAL EDUCATIONAL

AGENCIES.—In the case of a partnership established by a local

educational agency to carry out a program under this chapter,

or a consortium of such agencies established to carry out a

program under this chapter, the local educational agency or

consortium shall not be eligible to receive funds through a

State program under this chapter.

‘‘(i) PERIOD OF SERVICE.—A program participant in a program

under this chapter who receives training through the program

shall serve a high-need school operated by a high-need local educational agency for at least 3 years.

‘‘(j) REPAYMENT.—The Secretary shall establish such requirements as the Secretary determines to be appropriate to ensure

that program participants who receive a stipend or other financial

incentive under subsection (g)(2)(A), but fail to complete their

service obligation under subsection (i), repay all or a portion of

such stipend or other incentive.

‘‘(k) ADMINISTRATIVE FUNDS.—No entity that receives a grant

under this section shall use more than 5 percent of the funds

made available through the grant for the administration of a program under this chapter carried out under the grant.

‘‘SEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING AND

RETAINING TEACHERS.

‘‘(a) EVALUATION.—Each entity that receives a grant under

this chapter shall conduct—

‘‘(1) an interim evaluation of the program funded under

the grant at the end of the third year of the grant period;

and

‘‘(2) a final evaluation of the program at the end of the

fifth year of the grant period.

‘‘(b) CONTENTS.—In conducting the evaluation, the entity shall

describe the extent to which local educational agencies that received

funds through the grant have met the goals relating to teacher

recruitment and retention described in the application.

‘‘(c) REPORTS.—The entity shall prepare and submit to the

Secretary and to Congress interim and final reports containing

the results of the interim and final evaluations, respectively.

‘‘(d) REVOCATION.—If the Secretary determines that the

recipient of a grant under this chapter has not made substantial

progress in meeting such goals and the objectives of the grant

by the end of the third year of the grant period, the Secretary—

‘‘(1) shall revoke the payment made for the fourth year

of the grant period; and

‘‘(2) shall not make a payment for the fifth year of the

grant period.

20 USC 6684.

Requirements.

115 STAT. 1660 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘CHAPTER C—GENERAL PROVISIONS

‘‘SEC. 2321. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out this subpart $150,000,000 for fiscal year 2002 and

such sums as may be necessary for each of the 5 succeeding fiscal

years. ‘‘(b) RESERVATION.—From the funds appropriated to carry out

this subpart for fiscal year 2002, the Secretary shall reserve not

more than $30,000,000 to carry out chapter A.

‘‘Subpart 2—National Writing Project

‘‘SEC. 2331. PURPOSES.

‘‘The purposes of this subpart are—

‘‘(1) to support and promote the expansion of the National

Writing Project network of sites so that teachers in every

region of the United States will have access to a National

Writing Project program;

‘‘(2) to ensure the consistent high quality of the sites

through ongoing review, evaluation, and technical assistance;

‘‘(3) to support and promote the establishment of programs

to disseminate effective practices and research findings about

the teaching of writing; and

‘‘(4) to coordinate activities assisted under this subpart

with activities assisted under this Act.

‘‘SEC. 2332. NATIONAL WRITING PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award

a grant to the National Writing Project, a nonprofit educational

organization that has as its primary purpose the improvement

of the quality of student writing and learning (hereafter in this

section referred to as the ‘grantee’) to improve the teaching of

writing and the use of writing as a part of the learning process

in our Nation’s classrooms. ‘‘(b) REQUIREMENTS OF GRANT.—The grant shall provide that—

‘‘(1) the grantee will enter into contracts with institutions

of higher education or other nonprofit educational providers

(hereafter in this section referred to as ‘contractors’) under

which the contractors will agree to establish, operate, and provide the non-Federal share of the cost of teacher training programs in effective approaches and processes for the teaching

of writing;

‘‘(2) funds made available by the Secretary to the grantee

pursuant to any contract entered into under this section will

be used to pay the Federal share of the cost of establishing

and operating teacher training programs as provided in paragraph (1); and

‘‘(3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure

compliance with the provisions of this section and will provide

such technical assistance as may be necessary to carry out

the provisions of this section.

‘‘(c) TEACHER TRAINING PROGRAMS.—The teacher training programs authorized in subsection (a) shall—

‘‘(1) be conducted during the school year and during the

summer months;

20 USC 6702.

20 USC 6701.

20 USC 6691.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1661

‘‘(2) train teachers who teach grades kindergarten through

college;

‘‘(3) select teachers to become members of a National

Writing Project teacher network whose members will conduct

writing workshops for other teachers in the area served by

each National Writing Project site; and

‘‘(4) encourage teachers from all disciplines to participate

in such teacher training programs.

‘‘(d) FEDERAL SHARE.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2)

or (3) and for purposes of subsection (a), the term ‘Federal

share’ means, with respect to the costs of teacher training

programs authorized in subsection (a), 50 percent of such costs

to the contractor.

‘‘(2) WAIVER.—The Secretary may waive the provisions of

paragraph (1) on a case-by-case basis if the National Advisory

Board described in subsection (e) determines, on the basis

of financial need, that such waiver is necessary.

‘‘(3) MAXIMUM.—The Federal share of the costs of teacher

training programs conducted pursuant to subsection (a) may

not exceed $100,000 for any one contractor, or $200,000 for

a statewide program administered by any one contractor in

at least five sites throughout the State.

‘‘(e) NATIONAL ADVISORY BOARD.—

‘‘(1) ESTABLISHMENT.—The National Writing Project shall

establish and operate a National Advisory Board.

‘‘(2) COMPOSITION.—The National Advisory Board established pursuant to paragraph (1) shall consist of—

‘‘(A) national educational leaders;

‘‘(B) leaders in the field of writing; and

‘‘(C) such other individuals as the National Writing

Project determines necessary.

‘‘(3) DUTIES.—The National Advisory Board established

pursuant to paragraph (1) shall—

‘‘(A) advise the National Writing Project on national

issues related to student writing and the teaching of

writing;

‘‘(B) review the activities and programs of the National

Writing Project; and

‘‘(C) support the continued development of the National

Writing Project.

‘‘(f) EVALUATION.—

‘‘(1) IN GENERAL.—The Secretary shall conduct an independent evaluation by grant or contract of the teacher training

programs administered pursuant to this subpart. Such evaluation shall specify the amount of funds expended by the National

Writing Project and each contractor receiving assistance under

this section for administrative costs. The results of such evaluation shall be made available to the appropriate committees

of Congress.

‘‘(2) FUNDING LIMITATION.—The Secretary shall reserve not

more than $150,000 from the total amount appropriated pursuant to the authority of subsection (h) for fiscal year 2002

and each of the 5 succeeding fiscal years to conduct the evaluation described in paragraph (1).

‘‘(g) APPLICATION REVIEW.—

115 STAT. 1662 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) REVIEW BOARD.—The National Writing Project shall

establish and operate a National Review Board that shall consist of— ‘‘(A) leaders in the field of research in writing; and

‘‘(B) such other individuals as the National Writing

Project deems necessary.

‘‘(2) DUTIES.—The National Review Board shall— ‘‘(A) review all applications for assistance under this

subsection; and ‘‘(B) recommend applications for assistance under this

subsection for funding by the National Writing Project. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this subpart $15,000,000 as may

be necessary for fiscal year 2002 and each of the 5 succeeding

fiscal years.

‘‘Subpart 3—Civic Education

‘‘SEC. 2341. SHORT TITLE.

‘‘This subpart may be cited as the ‘Education for Democracy

Act’.

‘‘SEC. 2342. PURPOSE.

‘‘It is the purpose of this subpart—

‘‘(1) to improve the quality of civics and government education by educating students about the history and principles

of the Constitution of the United States, including the Bill

of Rights;

‘‘(2) to foster civic competence and responsibility; and

‘‘(3) to improve the quality of civic education and economic

education through cooperative civic education and economic

education exchange programs with emerging democracies.

‘‘SEC. 2343. GENERAL AUTHORITY.

‘‘(a) AUTHORITY.—The Secretary is authorized to award grants

to, or enter into contracts with—

‘‘(1) the Center for Civic Education, to carry out civic education activities under sections 2344 and 2345;

‘‘(2) the National Council on Economic Education, to carry

out economic education activities under section 2345; and

‘‘(3) organizations experienced in the development of curricula and programs in civics and government education and

economic education for students in elementary schools and

secondary schools in countries other than the United States,

to carry out civic education activities under section 2345.

‘‘(b) DISTRIBUTION FOR COOPERATIVE CIVIC EDUCATION AND

ECONOMIC EDUCATION EXCHANGE PROGRAMS.—

‘‘(1) LIMITATION.—Not more than 40 percent of the amount

appropriated under section 2346 for a fiscal year shall be used

to carry out section 2345.

‘‘(2) DISTRIBUTION.—Of the amount used to carry out section 2345 for a fiscal year (consistent with paragraph (1)),

the Secretary shall use—

‘‘(A) 37.5 percent for a grant or contract for the Center

for Civic Education;

‘‘(B) 37.5 percent for a grant or contract for the

National Council on Economic Education; and

20 USC 6713.

20 USC 6712.

20 USC 6711.

Education for

Democracy Act.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1663

‘‘(C) 25 percent for not less than 1, but not more

than 3, grants or contracts for organizations described in

subsection (a)(3).

‘‘SEC. 2344. WE THE PEOPLE PROGRAM.

‘‘(a) THE CITIZEN AND THE CONSTITUTION.— ‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for Civic

Education—

‘‘(A) shall use funds made available under grants or

contracts under section 2343(a)(1)— ‘‘(i) to continue and expand the educational activities of the program entitled the ‘We the People...

The Citizen and the Constitution’ program administered by such center; ‘‘(ii) to carry out activities to enhance student

attainment of challenging academic content standards

in civics and government; ‘‘(iii) to provide a course of instruction on the basic

principles of the Nation’s constitutional democracy and

the history of the Constitution of the United States,

including the Bill of Rights; ‘‘(iv) to provide, at the request of a participating

school, school and community simulated congressional

hearings following the course of instruction described

in clause (iii); and ‘‘(v) to provide an annual national competition of

simulated congressional hearings for secondary school

students who wish to participate in such a program;

and

‘‘(B) may use funds made available under grants or

contracts under section 2343(a)(1)—

‘‘(i) to provide advanced, sustained, and ongoing

training of teachers about the Constitution of the

United States and the political system of the United

States;

‘‘(ii) to provide materials and methods of instruction, including teacher training, that utilize the latest

advancements in educational technology; and

‘‘(iii) to provide civic education materials and services to address specific problems such as the prevention

of school violence and the abuse of drugs and alcohol.

‘‘(2) AVAILABILITY OF PROGRAM.—The education program

authorized under this subsection shall be made available to

public and private elementary schools and secondary schools,

including Bureau funded schools, in the 435 congressional districts, and in the District of Columbia, the Commonwealth

of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana

Islands.

‘‘(b) PROJECT CITIZEN.—

‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for Civic

Education—

‘‘(A) shall use funds made available under grants or

contracts under section 2343(a)(1)—

‘‘(i) to continue and expand the educational activities of the program entitled the ‘We the People...

Project Citizen’ program administered by the Center;

20 USC 6714.

115 STAT. 1664 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) to carry out activities to enhance student

attainment of challenging academic content standards

in civics and government; ‘‘(iii) to provide a course of instruction at the

middle school level on the roles of State and local

governments in the Federal system established by the

Constitution of the United States; and

‘‘(iv) to provide an annual national showcase or

competition; and

‘‘(B) may use funds made available under grants or

contracts under section 2343(a)(1)—

‘‘(i) to provide optional school and community simulated State legislative hearings;

‘‘(ii) to provide advanced, sustained, and ongoing

training of teachers on the roles of State and local

governments in the Federal system established by the

Constitution of the United States;

‘‘(iii) to provide materials and methods of instruction, including teacher training, that utilize the latest

advancements in educational technology; and

‘‘(iv) to provide civic education materials and services to address specific problems such as the prevention

of school violence and the abuse of drugs and alcohol.

‘‘(2) AVAILABILITY OF PROGRAM.—The education program

authorized under this subsection shall be made available to

public and private middle schools, including Bureau funded

schools, in the 50 States of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, the United

States Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands.

‘‘(c) BUREAU-FUNDED SCHOOL DEFINED.—In this section, the

term ‘Bureau-funded school’ has the meaning given such term in

section 1146 of the Education Amendments of 1978 (25 U.S.C.

2026).

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

‘‘(a) COOPERATIVE EDUCATION EXCHANGE PROGRAMS.—The

Center for Civic Education, the National Council on Economic Education, and organizations described in section 2343(a)(3) shall use

funds made available under grants or contracts under section 2343

to carry out cooperative education exchange programs in accordance

with this section.

‘‘(b) PURPOSE.—The purpose of the cooperative education

exchange programs carried out under this section shall be—

‘‘(1) to make available to educators from eligible countries

exemplary curriculum and teacher training programs in civics

and government education, and economics education, developed

in the United States;

‘‘(2) to assist eligible countries in the adaptation,

implementation, and institutionalization of such programs; ‘‘(3) to create and implement civics and government education, and economic education, programs for students that

draw upon the experiences of the participating eligible countries;

‘‘(4) to provide a means for the exchange of ideas and

experiences in civics and government education, and economic

20 USC 6715.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1665

education, among political, educational, governmental, and private sector leaders of participating eligible countries; and

‘‘(5) to provide support for—

‘‘(A) independent research and evaluation to determine

the effects of educational programs on students’ development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional

democracy; and

‘‘(B) effective participation in, and the preservation

and improvement of, an efficient market economy.

‘‘(c) ACTIVITIES.—In carrying out the cooperative education

exchange programs assisted under this section, the Center for Civic

Education, the National Council on Economic Education, and

organizations described in section 2343(a)(3) shall—

‘‘(1) provide to the participants from eligible countries—

‘‘(A) seminars on the basic principles of United States

constitutional democracy and economic system, including

seminars on the major governmental and economic institutions and systems in the United States, and visits to such

institutions;

‘‘(B) visits to school systems, institutions of higher

education, and nonprofit organizations conducting exemplary programs in civics and government education, and

economic education, in the United States;

‘‘(C) translations and adaptations with respect to

United States civics and government education, and economic education, curricular programs for students and

teachers, and in the case of training programs for teachers,

translations and adaptations into forms useful in schools

in eligible countries, and joint research projects in such

areas; and

‘‘(D) independent research and evaluation assistance—

‘‘(i) to determine the effects of the cooperative education exchange programs on students’ development

of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and

‘‘(ii) to identify effective participation in, and the

preservation and improvement of, an efficient market

economy;

‘‘(2) provide to the participants from the United States—

‘‘(A) seminars on the histories, economies, and systems

of government of eligible countries;

‘‘(B) visits to school systems, institutions of higher

education, and organizations conducting exemplary programs in civics and government education, and economic

education, located in eligible countries;

‘‘(C) assistance from educators and scholars in eligible

countries in the development of curricular materials on

the history, government, and economy of such countries

that are useful in United States classrooms;

‘‘(D) opportunities to provide onsite demonstrations of

United States curricula and pedagogy for educational

leaders in eligible countries; and

‘‘(E) independent research and evaluation assistance

to determine—

115 STAT. 1666 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(i) the effects of the cooperative education

exchange programs assisted under this section on students’ development of the knowledge, skills, and traits

of character essential for the preservation and improvement of constitutional democracy; and

‘‘(ii) effective participation in, and improvement

of, an efficient market economy; and

‘‘(3) assist participants from eligible countries and the

United States to participate in international conferences on

civics and government education, and economic education, for

educational leaders, teacher trainers, scholars in related disciplines, and educational policymakers.

‘‘(d) PARTICIPANTS.—The primary participants in the cooperative education exchange programs assisted under this section shall

be educational leaders in the areas of civics and government education, and economic education, including teachers, curriculum and

teacher training specialists, scholars in relevant disciplines, and

educational policymakers, and government and private sector

leaders from the United States and eligible countries. ‘‘(e) CONSULTATION.—The Secretary may award a grant to, or

enter into a contract with, the entities described in section 2343

to carry out programs assisted under this section only if the Secretary of State concurs with the Secretary that such grant, or

contract, respectively, is consistent with the foreign policy of the

United States.

‘‘(f) AVOIDANCE OF DUPLICATION.—With the concurrence of the

Secretary of State, the Secretary shall ensure that—

‘‘(1) the activities carried out under the programs assisted

under this section are not duplicative of other activities conducted in eligible countries; and

‘‘(2) any institutions in eligible countries, with which the

Center for Civic Education, the National Council on Economic

Education, or organizations described in section 2343(a)(3) may

work in conducting such activities, are creditable.

‘‘(g) ELIGIBLE COUNTRY DEFINED.—In this section, the term ‘eligible country’ means a Central European country, an Eastern

European country, Lithuania, Latvia, Estonia, the independent

states of the former Soviet Union as defined in section 3 of the

FREEDOM Support Act (22 U.S.C. 5801), the Republic of Ireland,

the province of Northern Ireland in the United Kingdom, and any

developing country (as such term is defined in section 209(d) of

the Education for the Deaf Act) if the Secretary, with the concurrence of the Secretary of State, determines that such developing

country has a democratic form of government.

‘‘SEC. 2346. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

subpart $30,000,000 for fiscal year 2002 and such sums as may

be necessary for each of the 5 succeeding fiscal years.

‘‘Subpart 4—Teaching of Traditional American

History

‘‘SEC. 2351. ESTABLISHMENT OF PROGRAM.

‘‘(a) IN GENERAL.—The Secretary may establish and implement

a program to be known as the ‘Teaching American History Grant

20 USC 6721.

20 USC 6716.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1667

Program’, under which the Secretary shall award grants on a

competitive basis to local educational agencies— ‘‘(1) to carry out activities to promote the teaching of traditional American history in elementary schools and secondary

schools as a separate academic subject (not as a component

of social studies); and ‘‘(2) for the development, implementation, and strengthening of programs to teach traditional American history as

a separate academic subject (not as a component of social

studies) within elementary school and secondary school curricula, including the implementation of activities— ‘‘(A) to improve the quality of instruction; and

‘‘(B) to provide professional development and teacher

education activities with respect to American history. ‘‘(b) REQUIRED PARTNERSHIP.—A local educational agency that

receives a grant under subsection (a) shall carry out activities

under the grant in partnership with one or more of the following: ‘‘(1) An institution of higher education.

‘‘(2) A nonprofit history or humanities organization.

‘‘(3) A library or museum. ‘‘(c) APPLICATION.—To be eligible to receive an grant under

this section, a local educational agency shall submit an application

to the Secretary at such time, in such manner, and containing

such information as the Secretary may require.

‘‘SEC. 2352. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

subpart such sums as may be necessary for fiscal year 2002 and

each of the 5 succeeding fiscal years.

‘‘Subpart 5—Teacher Liability Protection

‘‘SEC. 2361. SHORT TITLE.

‘‘This subpart may be cited as the ‘Paul D. Coverdell Teacher

Protection Act of 2001’.

‘‘SEC. 2362. PURPOSE.

‘‘The purpose of this subpart is to provide teachers, principals,

and other school professionals the tools they need to undertake

reasonable actions to maintain order, discipline, and an appropriate

educational environment.

‘‘SEC. 2363. DEFINITIONS.

‘‘For purposes of this subpart:

‘‘(1) ECONOMIC LOSS.—The term ‘economic loss’ means any

pecuniary loss resulting from harm (including the loss of

earnings or other benefits related to employment, medical

expense loss, replacement services loss, loss due to death, burial

costs, and loss of business or employment opportunities) to

the extent recovery for such loss is allowed under applicable

State law.

‘‘(2) HARM.—The term ‘harm’ includes physical, nonphysical, economic, and noneconomic losses.

‘‘(3) NONECONOMIC LOSS.—The term ‘noneconomic loss’

means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss

of enjoyment of life, loss of society or companionship, loss

of consortium (other than loss of domestic service), hedonic

20 USC 6733.

20 USC 6732.

20 USC 6731.

Paul D. Coverdell

Teacher

Protection Act of

2001.

20 USC 6722.

115 STAT. 1668 PUBLIC LAW 107–110—JAN. 8, 2002

damages, injury to reputation, or any other nonpecuniary loss

of any kind or nature. ‘‘(4) SCHOOL.—The term ‘school’ means a public or private

kindergarten, a public or private elementary school or secondary school, or a home school. ‘‘(5) STATE.—The term ‘State’ means each of the several

States of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin

Islands, Guam, American Samoa, the Commonwealth of the

Northern Mariana Islands, any other territory or possession

of the United States, or any political subdivision of any such

State, territory, or possession. ‘‘(6) TEACHER.—The term ‘teacher’ means— ‘‘(A) a teacher, instructor, principal, or administrator;

‘‘(B) another educational professional who works in

a school; ‘‘(C) a professional or nonprofessional employee who—

‘‘(i) works in a school; and

‘‘(ii)(I) in the employee’s job, maintains discipline

or ensures safety; or

‘‘(II) in an emergency, is called on to maintain

discipline or ensure safety; or

‘‘(D) an individual member of a school board (as distinct

from the board).

‘‘SEC. 2364. APPLICABILITY.

‘‘This subpart shall only apply to States that receive funds

under this Act, and shall apply to such a State as a condition

of receiving such funds.

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

‘‘(a) PREEMPTION.—This subpart preempts the laws of any State

to the extent that such laws are inconsistent with this subpart,

except that this subpart shall not preempt any State law that

provides additional protection from liability relating to teachers. ‘‘(b) ELECTION OF STATE REGARDING NONAPPLICABILITY.—This

subpart shall not apply to any civil action in a State court against

a teacher with respect to claims arising within that State if such

State enacts a statute in accordance with State requirements for

enacting legislation— ‘‘(1) citing the authority of this subsection;

‘‘(2) declaring the election of such State that this subpart

shall not apply, as of a date certain, to such civil action in

the State; and ‘‘(3) containing no other provisions.

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

‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Except as provided

in subsection (b), no teacher in a school shall be liable for harm

caused by an act or omission of the teacher on behalf of the

school if—

‘‘(1) the teacher was acting within the scope of the teacher’s

employment or responsibilities to a school or governmental

entity;

‘‘(2) the actions of the teacher were carried out in conformity with Federal, State, and local laws (including rules

and regulations) in furtherance of efforts to control, discipline,

20 USC 6736.

20 USC 6735.

20 USC 6734.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1669

expel, or suspend a student or maintain order or control in

the classroom or school;

‘‘(3) if appropriate or required, the teacher was properly

licensed, certified, or authorized by the appropriate authorities

for the activities or practice involved in the State in which

the harm occurred, where the activities were or practice was

undertaken within the scope of the teacher’s responsibilities;

‘‘(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious,

flagrant indifference to the rights or safety of the individual

harmed by the teacher; and

‘‘(5) the harm was not caused by the teacher operating

a motor vehicle, vessel, aircraft, or other vehicle for which

the State requires the operator or the owner of the vehicle,

craft, or vessel to—

‘‘(A) possess an operator’s license; or

‘‘(B) maintain insurance.

‘‘(b) EXCEPTIONS TO TEACHER LIABILITY PROTECTION.—If the

laws of a State limit teacher liability subject to one or more of

the following conditions, such conditions shall not be construed

as inconsistent with this section:

‘‘(1) A State law that requires a school or governmental

entity to adhere to risk management procedures, including

mandatory training of teachers.

‘‘(2) A State law that makes the school or governmental

entity liable for the acts or omissions of its teachers to the

same extent as an employer is liable for the acts or omissions

of its employees.

ate law that makes a limitation of liability inapplicable

if the civil action was brought by an officer of a State or

local government pursuant to State or local law.

‘‘(c) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS

OF TEACHERS.—

‘‘(1) GENERAL RULE.—Punitive damages may not be

awarded against a teacher in an action brought for harm based

on the act or omission of a teacher acting within the scope

of the teacher’s employment or responsibilities to a school or

governmental entityunless the claimant establishes by clear

and convincing evidence that the harm was proximately caused

by an act or omission of such teacher that constitutes willful

or criminal misconduct, or a conscious, flagrant indifference

to the rights or safety of the individual harmed.

‘‘(2) CONSTRUCTION.—Paragraph (1) does not create a cause

of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law

would further limit the award of punitive damages.

‘‘(d) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—

‘‘(1) IN GENERAL.—The limitations on the liability of a

teacher under this subpart shall not apply to any misconduct

that—

‘‘(A) constitutes a crime of violence (as that term is

defined in section 16 of title 18, United States Code) or

act of international terrorism (as that term is defined in

section 2331 of title 18, United States Code) for which

the defendant has been convicted in any court;

115 STAT. 1670 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) involves a sexual offense, as defined by applicable

State law, for which the defendant has been convicted

in any court; ‘‘(C) involves misconduct for which the defendant has

been found to have violated a Federal or State civil rights

law; or ‘‘(D) where the defendant was under the influence (as

determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct.

‘‘(2) HIRING.—The limitations on the liability of a teacher

under this subpart shall not apply to misconduct during background investigations, or during other actions, involved in the

hiring of a teacher.

‘‘(e) RULES OF CONSTRUCTION.— ‘‘(1) CONCERNING RESPONSIBILITY OF TEACHERS TO SCHOOLS

AND GOVERNMENTAL ENTITIES.—Nothing in this section shall

be construed to affect any civil action brought by any school

or any governmental entity against any teacher of such school. ‘‘(2) CONCERNING CORPORAL PUNISHMENT.—Nothing in this

subpart shall be construed to affect any State or local law

(including a rule or regulation) or policy pertaining to the

use of corporal punishment.

‘‘SEC. 2367. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC

LOSS.

‘‘(a) GENERAL RULE.—In any civil action against a teacher,

based on an act or omission of a teacher acting within the scope

of the teacher’s employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss

shall be determined in accordance with subsection (b). ‘‘(b) AMOUNT OF LIABILITY.— ‘‘(1) IN GENERAL.— ‘‘(A) LIABILITY.—Each defendant who is a teacher shall

be liable only for the amount of noneconomic loss allocated

to that defendant in direct proportion to the percentage

of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant

with respect to which that defendant is liable. ‘‘(B) SEPARATE JUDGMENT.—The court shall render a

separate judgment against each defendant in an amount

determined pursuant to subparagraph (A).

‘‘(2) PERCENTAGE OF RESPONSIBILITY.—For purposes of

determining the amount of noneconomic loss allocated to a

defendant who is a teacher under this section, the trier of

fact shall determine the percentage of responsibility of each

person responsible for the claimant’s harm, whether or not

such person is a party to the action.

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall

be construed to preempt or supersede any Federal or State law

that further limits the application of joint liability in a civil action

described in subsection (a), beyond the limitations established in

this section.

‘‘SEC. 2368. EFFECTIVE DATE.

‘‘(a) IN GENERAL.—This subpart shall take effect 90 days after

the date of enactment of the No Child Left Behind Act of 2001.

‘‘(b) APPLICATION.—This subpart applies to any claim for harm

caused by an act or omission of a teacher if that claim is filed

20 USC 6738.

20 USC 6737.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1671

on or after the effective date of the No Child Left Behind Act

of 2001 without regard to whether the harm that is the subject

of the claim or the conduct that caused the harm occurred before

such effective date.

‘‘PART D—ENHANCING EDUCATION THROUGH

TECHNOLOGY

‘‘SEC. 2401. SHORT TITLE.

‘‘This part may be cited as the ‘Enhancing Education Through

Technology Act of 2001’.

‘‘SEC. 2402. PURPOSES AND GOALS.

‘‘(a) PURPOSES.—The purposes of this part are the following: ‘‘(1) To provide assistance to States and localities for the

implementation and support of a comprehensive system that

effectively uses technology in elementary schools and secondary

schools to improve student academic achievement. ‘‘(2) To encourage the establishment or expansion of initiatives, including initiatives involving public-private partnerships, designed to increase access to technology, particularly

in schools served by high-need local educational agencies. ‘‘(3) To assist States and localities in the acquisition,

development, interconnection, implementation, improvement,

and maintenance of an effective educational technology infrastructure in a manner that expands access to technology for

students (particularly for disadvantaged students) and teachers.

‘‘(4) To promote initiatives that provide school teachers,

principals, and administrators with the capacity to integrate

technology effectively into curricula and instruction that are

aligned with challenging State academic content and student

academic achievement standards, through such means as highquality professional development programs.

‘‘(5) To enhance the ongoing professional development of

teachers, principals, and administrators by providing constant

access to training and updated research in teaching and

learning through electronic means.

‘‘(6) To support the development and utilization of electronic

networks and other innovative methods, such as distance

learning, of delivering specialized or rigorous academic courses

and curricula for students in areas that would not otherwise

have access to such courses and curricula, particularly in geographically isolated regions.

‘‘(7) To support the rigorous evaluation of programs funded

under this part, particularly regarding the impact of such programs on student academic achievement, and ensure that

timely information on the results of such evaluations is widely

accessible through electronic means.

‘‘(8) To support local efforts using technology to promote

parent and family involvement in education and communication

among students, parents, teachers, principals, and administrators.

‘‘(b) GOALS.—

‘‘(1) PRIMARY GOAL.—The primary goal of this part is to

improve student academic achievement through the use of technology in elementary schools and secondary schools.

Enhancing

Education

Through

Technology Act of

2001.

115 STAT. 1672 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) ADDITIONAL GOALS.—The additional goals of this part

are the following: ‘‘(A) To assist every student in crossing the digital

divide by ensuring that every student is technologically

literate by the time the student finishes the eighth grade,

regardless of the student’s race, ethnicity, gender, family

income, geographic location, or disability.

‘‘(B) To encourage the effective integration of technology resources and systems with teacher training and

curriculum development to establish research-based

instructional methods that can be widely implemented as

best practices by State educational agencies and local educational agencies.

‘‘SEC. 2403. DEFINITIONS.

‘‘In this part: ‘‘(1) ELIGIBLE LOCAL ENTITY.—The term ‘eligible local entity’

means—

‘‘(A) a high-need local educational agency; or

‘‘(B) an eligible local partnership.

‘‘(2) ELIGIBLE LOCAL PARTNERSHIP.—The term ‘eligible local

partnership’ means a partnership that—

‘‘(A) shall include at least one high-need local educational agency and at least one—

‘‘(i) local educational agency that can demonstrate

that teachers in schools served by the agency are effectively integrating technology and proven teaching practices into instruction, based on a review of relevant

research, and that the integration results in improvement in—

‘‘(I) classroom instruction in the core academic

subjects; and

‘‘(II) the preparation of students to meet challenging State academic content and student academic achievement standards;

‘‘(ii) institution of higher education that is in full

compliance with the reporting requirements of section

207(f) of the Higher Education Act of 1965 and that

has not been identified by its State as low-performing

under section 208 of such Act;

‘‘(iii) for-profit business or organization that

develops, designs, manufactures, or produces technology products or services, or has substantial expertise in the application of technology in instruction;

or

‘‘(iv) public or private nonprofit organization with

demonstrated experience in the application of educational technology to instruction; and

‘‘(B) may include other local educational agencies, educational service agencies, libraries, or other educational

entities appropriate to provide local programs.

‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term

‘high-need local educational agency’ means a local educational

agency that—

‘‘(A) is among the local educational agencies in a State

with the highest numbers or percentages of children from

families with incomes below the poverty line; and

20 USC 6753.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1673

‘‘(B)(i) operates one or more schools identified under

section 1116; or

‘‘(ii) has a substantial need for assistance in acquiring

and using technology.

‘‘SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out subparts 1 and 2, $1,000,000,000 for fiscal year 2002,

and such sums as may be necessary for each of the 5 succeeding

fiscal years. ‘‘(b) ALLOCATION OF FUNDS BETWEEN STATE AND LOCAL AND

NATIONAL INITIATIVES.—The amount of funds made available under

subsection (a) for a fiscal year shall be allocated so that— ‘‘(1) not less than 98 percent is made available to carry

out subpart 1; and ‘‘(2) not more than 2 percent is made available to carry

out subpart 2.

‘‘(c) ALLOCATION OF FUNDS FOR STUDY.—Of the total amount

of funds allocated under subsection (b)(2) for fiscal years 2002

through 2007, not more than $15,000,000 may be used to carry

out section 2421(a).

‘‘(d) LIMITATION.—Of the amount of funds made available to

a recipient of funds under this part for a fiscal year, not more

than 5 percent may be used by the recipient for administrative

costs or technical assistance, of which not more than 60 percent

may be used by the recipient for administrative costs.

‘‘Subpart 1—State and Local Technology Grants

‘‘SEC. 2411. ALLOTMENT AND REALLOTMENT.

‘‘(a) RESERVATIONS AND ALLOTMENT.—From the amount made

available to carry out this subpart under section 2404(b)(1) for

a fiscal year—

‘‘(1) the Secretary shall reserve— ‘‘(A) three-fourths of 1 percent for the Secretary of

the Interior for programs under this subpart for schools

operated or funded by the Bureau of Indian Affairs;

‘‘(B) one-half of 1 percent to provide assistance under

this subpart to the outlying areas; and

‘‘(C) such sums as may be necessary for continuation

awards on grants awarded under section 3136 prior to

the date of enactment of the No Child Left Behind Act

of 2001; and

‘‘(2) from the remainder of such amount and subject to

subsection (b), the Secretary shall make grants by allotting

to each eligible State educational agency under this subpart

an amount that bears the same relationship to such remainder

for such year as the amount received under part A of title

I for such year by such State educational agency bears to

the amount received under such part for such year by all

State educational agencies.

‘‘(b) MINIMUM ALLOTMENT.—The amount of any State educational agency’s allotment under subsection (a)(2) for any fiscal

year may not be less than one-half of 1 percent of the amount

made available for allotments to States under this part for such

year.

20 USC 6761.

20 USC 6754.

115 STAT. 1674 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any State educational

agency does not apply for an allotment under this subpart for

a fiscal year, or does not use its entire allotment under this subpart

for that fiscal year, the Secretary shall reallot the amount of the

State educational agency’s allotment, or the unused portion of the

allotment, to the remaining State educational agencies that use

their entire allotments under this subpart in accordance with this

section.

‘‘(d) STATE EDUCATIONAL AGENCY DEFINED.—In this section,

the term ‘State educational agency’ does not include an agency

of an outlying area or the Bureau of Indian Affairs.

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

‘‘(a) IN GENERAL.—Of the amount provided to a State educational agency (from the agency’s allotment under section

2411(a)(2)) for a fiscal year—

‘‘(1) the State educational agency may use not more than

5 percent to carry out activities under section 2415; and

‘‘(2) the State educational agency shall distribute the

remainder as follows:

‘‘(A) From 50 percent of the remainder, the State educational agency shall award subgrants by allocating to

each eligible local educational agency that has submitted

an application to the State educational agency under section 2414, for the activities described in section 2416, an

amount that bears the same relationship to 50 percent

of the remainder for such year as the amount received

under part A of title I for such year by such local educational agency bears to the amount received under such

part for such year by all local educational agencies within

the State.

‘‘(B) From 50 percent of the remainder and subject

to subsection (b), the State educational agency shall award

subgrants, through a State-determined competitive process,

to eligible local entities that have submitted applications

to the State educational agency under section 2414, for

the activities described in section 2416.

‘‘(b) SUFFICIENT AMOUNTS.—

‘‘(1) SPECIAL RULE.—In awarding a subgrant under subsection (a)(2)(B), the State educational agency shall—

‘‘(A) determine the local educational agencies that—

‘‘(i) received allocations under subsection (a)(2)(A)

that are not of sufficient size to be effective, consistent

with the purposes of this part; and

‘‘(ii) are eligible local entities;

‘‘(B) give priority to applications submitted by eligible

local educational agencies described in subparagraph (A);

and

‘‘(C) determine the minimum amount for awards under

subsection (a)(2)(B) to ensure that subgrants awarded

under that subsection are of sufficient size to be effective.

‘‘(2) SUFFICIENCY.—In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure

that each subgrant is of sufficient size and duration, and that

the program funded by the subgrant is of sufficient scope and

quality, to carry out the purposes of this part effectively.

20 USC 6762.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1675

‘‘(3) DISTRIBUTION.—In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure

an equitable distribution of assistance under this subpart

among urban and rural areas of the State, according to the

demonstrated need of those local educational agencies serving

the areas.

‘‘(c) FISCAL AGENT.—If an eligible local partnership receives

a subgrant under subsection (a)(2)(B), a local educational agency

in the partnership shall serve as the fiscal agent for the partnership. ‘‘(d) TECHNICAL ASSISTANCE.—Each State educational agency

receiving a grant under section 2411(a) shall— ‘‘(1) identify the local educational agencies served by the

State educational agency that— ‘‘(A) have the highest numbers or percentages of children from families with incomes below the poverty line;

and ‘‘(B) demonstrate to such State educational agency the

greatest need for technical assistance in developing an

application under section 2414; and

‘‘(2) offer the technical assistance described in paragraph

(1)(B) to those local educational agencies.

‘‘SEC. 2413. STATE APPLICATIONS.

‘‘(a) IN GENERAL.—To be eligible to receive a grant under this

subpart, a State educational agency shall submit to the Secretary,

at such time and in such manner as the Secretary may specify,

an application containing a new or updated statewide long-range

strategic educational technology plan (which shall address the educational technology needs of local educational agencies) and such

other information as the Secretary may reasonably require.

‘‘(b) CONTENTS.—Each State application submitted under subsection (a) shall include each of the following:

‘‘(1) An outline of the State educational agency’s long-term

strategies for improving student academic achievement,

including technology literacy, through the effective use of technology in classrooms throughout the State, including through

improving the capacity of teachers to integrate technology effectively into curricula and instruction.

‘‘(2) A description of the State educational agency’s goals

for using advanced technology to improve student academic

achievement, and how those goals are aligned with challenging

State academic content and student academic achievement

standards.

‘‘(3) A description of how the State educational agency

will take steps to ensure that all students and teachers in

the State, particularly students and teachers in districts served

by high-need local educational agencies, have increased access

to technology.

‘‘(4) A description of the process and accountability measures that the State educational agency will use to evaluate

the extent to which activities funded under this subpart are

effective in integrating technology into curricula and instruction.

‘‘(5) A description of how the State educational agency

will encourage the development and utilization of innovative

strategies for the delivery of specialized or rigorous academic

courses and curricula through the use of technology, including

20 USC 6763.

115 STAT. 1676 PUBLIC LAW 107–110—JAN. 8, 2002

distance learning technologies, particularly for those areas of

the State that would not otherwise have access to such courses

and curricula due to geographical isolation or insufficient

resources.

‘‘(6) An assurance that financial assistance provided under

this subpart will supplement, and not supplant, State and

local funds.

‘‘(7) A description of how the plan incorporates teacher

education, professional development, and curriculum development, and how the State educational agency will work to ensure

that teachers and principals in a State receiving funds under

this part are technologically literate.

‘‘(8) A description of—

‘‘(A) how the State educational agency will provide

technical assistance to applicants under section 2414, especially to those applicants serving the highest numbers or

percentages of children in poverty or with the greatest

need for technical assistance; and

‘‘(B) the capacity of the State educational agency to

provide such assistance.

‘‘(9) A description of technology resources and systems that

the State will provide for the purpose of establishing best

practices that can be widely replicated by State educational

agencies and local educational agencies in the State and in

other States.

‘‘(10) A description of the State’s long-term strategies for

financing technology to ensure that all students, teachers, and

classrooms have access to technology.

‘‘(11) A description of the State’s strategies for using technology to increase parental involvement.

‘‘(12) A description of how the State educational agency

will ensure that each subgrant awarded under section

2412(a)(2)(B) is of sufficient size and duration, and that the

program funded by the subgrant is of sufficient scope and

quality, to carry out the purposes of this part effectively.

‘‘(13) A description of how the State educational agency

will ensure ongoing integration of technology into school curricula and instructional strategies in all schools in the State,

so that technology will be fully integrated into the curricula

and instruction of the schools by December 31, 2006.

‘‘(14) A description of how the local educational agencies

in the State will provide incentives to teachers who are technologically literate and teaching in rural or urban areas, to

encourage such teachers to remain in those areas.

‘‘(15) A description of how public and private entities will

participate in the implementation and support of the plan.

‘‘(c) DEEMED APPROVAL.—An application submitted by a State

educational agency pursuant to subsection (a) shall be deemed

to be approved by the Secretary unless the Secretary makes a

written determination, prior to the expiration of the 120-day period

beginning on the date on which the Secretary received the application, that the application is not in compliance with this part.

‘‘(d) DISAPPROVAL.—The Secretary shall not finally disapprove

the application, except after giving the State educational agency

notice and an opportunity for a hearing.

Notice.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1677

‘‘(e) NOTIFICATION.—If the Secretary finds that the application

is not in compliance, in whole or in part, with this part, the

Secretary shall—

‘‘(1) give the State educational agency notice and an opportunity for a hearing; and

‘‘(2) notify the State educational agency of the finding of

noncompliance and, in such notification, shall—

‘‘(A) cite the specific provisions in the application that

are not in compliance; and

‘‘(B) request additional information, only as to the noncompliant provisions, needed to make the application

compliant.

‘‘(f) RESPONSE.—If the State educational agency responds to

the Secretary’s notification described in subsection (e)(2) during

the 45-day period beginning on the date on which the agency

received the notification, and resubmits the application with the

requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the

later of—

‘‘(1) the expiration of the 45-day period beginning on the

date on which the application is resubmitted; or

‘‘(2) the expiration of the 120-day period described in subsection (c).

‘‘(g) FAILURE TO RESPOND.—If the State educational agency

does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on

which the agency received the notification, such application shall

be deemed to be disapproved.

‘‘SEC. 2414. LOCAL APPLICATIONS.

‘‘(a) IN GENERAL.—To be eligible to receive a subgrant from

a State educational agency under this subpart, a local educational

agency or eligible local entity shall submit to the State educational

agency an application containing a new or updated local longrange strategic educational technology plan that is consistent with

the objectives of the statewide educational technology plan described

in section 2413(a), and such other information as the State educational agency may reasonably require, at such time and in such

manner as the State educational agency may require.

‘‘(b) CONTENTS.—The application shall include each of the following:

‘‘(1) A description of how the applicant will use Federal

funds under this subpart to improve the student academic

achievement, including technology literacy, of all students

attending schools served by the local educational agency and

to improve the capacity of all teachers teaching in schools

served by the local educational agency to integrate technology

effectively into curricula and instruction.

‘‘(2) A description of the applicant’s specific goals for using

advanced technology to improve student academic achievement,

aligned with challenging State academic content and student

academic achievement standards.

‘‘(3) A description of the steps the applicant will take to

ensure that all students and teachers in schools served by

the local educational agency involved have increased access

to educational technology, including how the agency would use

20 USC 6764.

115 STAT. 1678 PUBLIC LAW 107–110—JAN. 8, 2002

funds under this subpart (such as combining the funds with

funds from other sources), to help ensure that—

‘‘(A) students in high-poverty and high-needs schools,

or schools identified under section 1116, have access to

technology; and

‘‘(B) teachers are prepared to integrate technology effectively into curricula and instruction.

‘‘(4) A description of how the applicant will—

‘‘(A) identify and promote curricula and teaching strategies that integrate technology effectively into curricula and

instruction, based on a review of relevant research, leading

to improvements in student academic achievement, as

measured by challenging State academic content and student academic achievement standards; and

‘‘(B) provide ongoing, sustained professional development for teachers, principals, administrators, and school

library media personnel serving the local educational

agency, to further the effective use of technology in the

classroom or library media center, including, if applicable,

a list of the entities that will be partners with the local

educational agency involved in providing the ongoing, sustained professional development.

‘‘(5) A description of the type and costs of technologies

to be acquired under this subpart, including services, software,

and digital curricula, and including specific provisions for interoperability among components of such technologies.

‘‘(6) A description of how the applicant will coordinate

activities carried out with funds provided under this subpart

with technology-related activities carried out with funds available from other Federal, State, and local sources.

‘‘(7) A description of how the applicant will integrate technology (including software and other electronically delivered

learning materials) into curricula and instruction, and a

timeline for such integration.

‘‘(8) A description of how the applicant will encourage the

development and utilization of innovative strategies for the

delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning

technologies, particularly for those areas that would not otherwise have access to such courses and curricula due to geographical isolation or insufficient resources.

‘‘(9) A description of how the applicant will ensure the

effective use of technology to promote parental involvement

and increase communication with parents, including a description of how parents will be informed of the technology being

applied in their child’s education so that the parents are able

to reinforce at home the instruction their child receives at

school.

‘‘(10) A description of how programs will be developed,

where applicable, in collaboration with adult literacy service

providers, to maximize the use of technology.

‘‘(11) A description of the process and accountability measures that the applicant will use to evaluate the extent to

which activities funded under this subpart are effective in

integrating technology into curricula and instruction, increasing

the ability of teachers to teach, and enabling students to meet

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1679

challenging State academic content and student academic

achievement standards. ‘‘(12) A description of the supporting resources (such as

services, software, other electronically delivered learning materials, and print resources) that will be acquired to ensure

successful and effective uses of technology.

‘‘(c) COMBINED APPLICATIONS.—A local educational agency that

is an eligible local entity and submits an application to the State

educational agency under this section for funds awarded under

section 2412(a)(2)(A) may combine the agency’s application for funds

awarded under that section with an application for funds awarded

under section 2412(a)(2)(B). ‘‘(d) SPECIAL RULE.— ‘‘(1) CONSORTIUM APPLICATIONS.— ‘‘(A) IN GENERAL.—For any fiscal year, a local educational agency applying for financial assistance described

in section 2412(a)(2)(A) may apply as part of a consortium

that includes other local educational agencies, institutions

of higher education, educational service agencies, libraries,

or other educational entities appropriate to provide local

programs. ‘‘(B) FISCAL AGENT.—If a local educational agency

applies for and receives financial assistance described in

section 2412(a)(2)(A) as part of a consortium, the local

educational agency shall serve as the fiscal agent for the

consortium.

‘‘(2) STATE EDUCATIONAL AGENCY ASSISTANCE.—At the

request of a local educational agency, a State educational

agency may assist the local educational agency in the formation

of a consortium described in paragraph (1) to provide services

for the teachers and students served by the local educational

agency.

‘‘SEC. 2415. STATE ACTIVITIES.

‘‘From funds made available under section 2412(a)(1), a State

educational agency shall carry out activities and assist local efforts

to carry out the purposes of this part, which may include the

following activities:

‘‘(1) Developing, or assisting applicants or recipients of

funds under this subpart in the development and utilization

of, innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies, and providing

other technical assistance to such applicants or recipients

throughout the State, with priority given to high-need local

educational agencies.

‘‘(2) Establishing or supporting public-private initiatives

(such as interest-free or reduced-cost loans) for the acquisition

of educational technology for high-need local educational agencies and students attending schools served by such agencies.

‘‘(3) Assisting recipients of funds under this subpart in

providing sustained and intensive, high-quality professional

development based on a review of relevant research in the

integration of advanced technologies, including emerging technologies, into curricula and instruction and in using those technologies to create new learning environments, including

training in the use of technology to—

20 USC 6765.

115 STAT. 1680 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) access data and resources to develop curricula

and instructional materials; ‘‘(B) enable teachers— ‘‘(i) to use the Internet and other technology to

communicate with parents, other teachers, principals,

and administrators; and

‘‘(ii) to retrieve Internet-based learning resources;

and

‘‘(C) lead to improvements in classroom instruction in

the core academic subjects, that effectively prepare students to meet challenging State academic content standards

and student academic achievement standards.

‘‘(4) Assisting recipients of funds under this subpart in

providing all students (including students with disabilities and

students with limited English proficiency) and teachers with

access to educational technology.

‘‘(5) Developing performance measurement systems to

determine the effectiveness of educational technology programs

funded under this subpart, particularly in determining the

extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction,

increasing the ability of teachers to teach, and enabling students to meet challenging State academic content and student

academic achievement standards.

‘‘(6) Collaborating with other State educational agencies

on distance learning, including making specialized or rigorous

academic courses and curricula available to students in areas

that would not otherwise have access to such courses and

curricula.

‘‘SEC. 2416. LOCAL ACTIVITIES.

‘‘(a) PROFESSIONAL DEVELOPMENT.—

‘‘(1) IN GENERAL.—A recipient of funds made available

under section 2412(a)(2) shall use not less than 25 percent

of such funds to provide ongoing, sustained, and intensive,

high-quality professional development. The recipient shall provide professional development in the integration of advanced

technologies, including emerging technologies, into curricula

and instruction and in using those technologies to create new

learning environments, such as professional development in

the use of technology—

‘‘(A) to access data and resources to develop curricula

and instructional materials;

‘‘(B) to enable teachers—

‘‘(i) to use the Internet and other technology to

communicate with parents, other teachers, principals,

and administrators; and

‘‘(ii) to retrieve Internet-based learning resources;

and

‘‘(C) to lead to improvements in classroom instruction

in the core academic subjects, that effectively prepare students to meet challenging State academic content standards, including increasing student technology literacy, and

student academic achievement standards.

‘‘(2) WAIVERS.—Paragraph (1) shall not apply to a recipient

of funds made available under section 2412(a)(2) that demonstrates, to the satisfaction of the State educational agency

20 USC 6766.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1681

involved, that the recipient already provides ongoing, sustained,

and intensive, high-quality professional development that is

based on a review of relevant research, to all teachers in

core academic subjects in the integration of advanced technologies, including emerging technologies, into curricula and

instruction.

‘‘(b) OTHER ACTIVITIES.—In addition to the activities described

in subsection (a), a recipient of funds made available by a State

educational agency under section 2412(a)(2) shall use such funds

to carry out other activities consistent with this subpart, which

may include the following: ‘‘(1) Establishing or expanding initiatives, particularly initiatives involving public-private partnerships, designed to

increase access to technology for students and teachers, with

special emphasis on the access of high-need schools to technology. ‘‘(2) Adapting or expanding existing and new applications

of technology to enable teachers to increase student academic

achievement, including technology literacy— ‘‘(A) through the use of teaching practices that are

based on a review of relevant research and are designed

to prepare students to meet challenging State academic

content and student academic achievement standards; and ‘‘(B) by the development and utilization of innovative

distance learning strategies to deliver specialized or rigorous academic courses and curricula to areas that would

not otherwise have access to such courses and curricula.

‘‘(3) Acquiring proven and effective courses and curricula

that include integrated technology and are designed to help

students meet challenging State academic content and student

academic achievement standards.

‘‘(4) Utilizing technology to develop or expand efforts to

connect schools and teachers with parents and students to

promote meaningful parental involvement, to foster increased

communication about curricula, assignments, and assessments

between students, parents, and teachers, and to assist parents

to understand the technology being applied in their child’s

education, so that parents are able to reinforce at home the

instruction their child receives at school.

‘‘(5) Preparing one or more teachers in elementary schools

and secondary schools as technology leaders who are provided

with the means to serve as experts and train other teachers

in the effective use of technology, and providing bonus payments

to the technology leaders.

‘‘(6) Acquiring, adapting, expanding, implementing,

repairing, and maintaining existing and new applications of

technology, to support the school reform effort and to improve

student academic achievement, including technology literacy.

‘‘(7) Acquiring connectivity linkages, resources, and services

(including the acquisition of hardware and software and other

electronically delivered learning materials) for use by teachers,

students, academic counselors, and school library media personnel in the classroom, in academic and college counseling

centers, or in school library media centers, in order to improve

student academic achievement.

‘‘(8) Using technology to collect, manage, and analyze data

to inform and enhance teaching and school improvement efforts.

115 STAT. 1682 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(9) Implementing performance measurement systems to

determine the effectiveness of education technology programs

funded under this subpart, particularly in determining the

extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction,

increasing the ability of teachers to teach, and enabling students to meet challenging State academic content and student

academic achievement standards.

‘‘(10) Developing, enhancing, or implementing information

technology courses.

‘‘Subpart 2—National Technology Activities

‘‘SEC. 2421. NATIONAL ACTIVITIES.

‘‘(a) STUDY.—Using funds made available under section

2404(b)(2), the Secretary—

‘‘(1) shall conduct an independent, long-term study, utilizing scientifically based research methods and control groups

or control conditions—

‘‘(A) on the conditions and practices under which educational technology is effective in increasing student academic achievement; and

‘‘(B) on the conditions and practices that increase the

ability of teachers to integrate technology effectively into

curricula and instruction, that enhance the learning

environment and opportunities, and that increase student

academic achievement, including technology literacy;

‘‘(2) shall establish an independent review panel to advise

the Secretary on methodological and other issues that arise

in conducting the long-term study;

‘‘(3) shall consult with other interested Federal departments or agencies, State and local educational practitioners

and policymakers (including teachers, principals, and superintendents), and experts in technology, regarding the study;

and ‘‘(4) shall submit to Congress interim reports, when appropriate, and a final report, to be submitted not later than April

1, 2006, on the findings of the study.

‘‘(b) DISSEMINATION.—Using funds made available under section

2404(b)(2), the Secretary shall make widely available, including

through dissemination on the Internet and to all State educational

agencies and other recipients of funds under this part, findings

identified through activities carried out under this section regarding

the conditions and practices under which educational technology

is effective in increasing student academic achievement.

‘‘(c) TECHNICAL ASSISTANCE.—Using funds made available

under section 2404(b)(2), the Secretary may provide technical assistance (directly or through the competitive award of grants or contracts) to State educational agencies, local educational agencies,

and other recipients of funds, particularly in rural areas, under

this part, in order to assist such State educational agencies, local

educational agencies, and other recipients to achieve the purposes

of this part.

‘‘SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN.

‘‘(a) IN GENERAL.—Based on the Nation’s progress and an

assessment by the Secretary of the continuing and future needs

Publication.

Public

information.

20 USC 6772.

Internet.

Reports.

Deadline.

Establishment.

20 USC 6771.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1683

of the Nation’s schools in effectively using technology to provide

all students the opportunity to meet challenging State academic

content and student academic achievement standards, the Secretary

shall update and publish, in a form readily accessible to the public,

a national long-range technology plan, by not later than 12 months

after the date of enactment of the No Child Left Behind Act of

2001.

‘‘(b) CONTENTS.—The plan referred to in subsection (a) shall

include each of the following:

‘‘(1) A description of the manner in which the Secretary

will promote—

‘‘(A) higher student academic achievement through the

integration of advanced technologies, including emerging

technologies, into curricula and instruction;

‘‘(B) increased access to technology for teaching and

learning for schools with a high number or percentage

of children from families with incomes below the poverty

line; and

‘‘(C) the use of technology to assist in the implementation of State systemic reform strategies.

‘‘(2) A description of joint activities of the Department

of Education and other Federal departments or agencies that

will promote the use of technology in education.

‘‘Subpart 3—Ready-to-Learn Television

‘‘SEC. 2431. READY-TO-LEARN TELEVISION.

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to, or enter into contracts or cooperative agreements

with, eligible entities described in paragraph (3) to enable such

entities—

‘‘(A) to develop, produce, and distribute educational

and instructional video programming for preschool and

elementary school children and their parents in order to

facilitate student academic achievement;

‘‘(B) to facilitate the development, directly or through

contracts with producers of children and family educational

television programming, of educational programming for

preschool and elementary school children, and the accompanying support materials and services that promote the

effective use of such programming;

‘‘(C) to facilitate the development of programming and

digital content containing Ready-to-Learn-based children’s

programming and resources for parents and caregivers that

is specially designed for nationwide distribution over public

television stations’ digital broadcasting channels and the

Internet;

‘‘(D) to contract with entities (such as public telecommunications entities) so that programs developed under

this section are disseminated and distributed to the widest

possible audience appropriate to be served by the programming, and through the use of the most appropriate distribution technologies; and

‘‘(E) to develop and disseminate education and training

materials, including interactive programs and programs

20 USC 6775.

115 STAT. 1684 PUBLIC LAW 107–110—JAN. 8, 2002

adaptable to distance learning technologies, that are

designed—

‘‘(i) to promote school readiness; and

‘‘(ii) to promote the effective use of materials developed under subparagraphs (B) and (C) among parents,

teachers, Head Start providers, Even Start providers,

providers of family literacy services, child care providers, early childhood development personnel,

elementary school teachers, public libraries, and afterschool program personnel caring for preschool and

elementary school children.

‘‘(2) AVAILABILITY.—In awarding grants, contracts, or

cooperative agreements under this section, the Secretary shall

ensure that eligible entities make programming widely available, with support materials as appropriate, to young children,

parents, child care workers, Head Start providers, Even Start

providers, and providers of family literacy services to increase

the effective use of such programming.

‘‘(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant,

contract, or cooperative agreements under this section, an entity

shall be a public telecommunications entity that is able to

demonstrate each of the following:

‘‘(A) A capacity for the development and national distribution of educational and instructional television

programming of high quality that is accessible by a large

majority of disadvantaged preschool and elementary school

children.

‘‘(B) A capacity to contract with the producers of children’s television programming for the purpose of developing

educational television programming of high quality.

‘‘(C) A capacity, consistent with the entity’s mission

and nonprofit nature, to negotiate such contracts in a

manner that returns to the entity an appropriate share

of any ancillary income from sales of any program-related

products.

‘‘(D) A capacity to localize programming and materials

to meet specific State and local needs and to provide educational outreach at the local level.

‘‘(4) COORDINATION OF ACTIVITIES.—An entity receiving a

grant, contract, or cooperative agreement under this section

shall consult with the Secretary and the Secretary of Health

and Human Services—

‘‘(A) to maximize the utilization of quality educational

programming by preschool and elementary school children,

and make such programming widely available to federally

funded programs serving such populations; and

‘‘(B) to coordinate activities with Federal programs that

have major training components for early childhood

development, including programs under the Head Start

Act (42 U.S.C. 9831 et seq.) and Even Start, and State

training activities funded under the Child Care and

Development Block Grant Act of 1990 (42 U.S.C. 9858

et seq.), regarding the availability and utilization of materials developed under paragraph (1)(E) to enhance parent

and child care provider skills in early childhood development and education.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1685

‘‘(b) APPLICATIONS.—To be eligible to receive a grant, contract,

or cooperative agreement under subsection (a), an entity shall

submit to the Secretary an application at such time, in such manner,

and containing such information as the Secretary may reasonably

require.

‘‘(c) REPORTS AND EVALUATIONS.—

‘‘(1) ANNUAL REPORT TO THE SECRETARY.—An entity

receiving a grant, contract, or cooperative agreement under

this section shall prepare and submit to the Secretary an

annual report that contains such information as the Secretary

may require. At a minimum, the report shall describe the

program activities undertaken with funds received under the

grant, contract, or cooperative agreement, including each of

the following:

‘‘(A) The programming that has been developed,

directly or indirectly, by the eligible entity, and the target

population of the programs developed.

‘‘(B) The support and training materials that have

been developed to accompany the programming, and the

method by which the materials are distributed to consumers and users of the programming.

‘‘(C) The means by which programming developed

under this section has been distributed, including the distance learning technologies that have been utilized to make

programming available, and the geographic distribution

achieved through such technologies.

‘‘(D) The initiatives undertaken by the entity to develop

public-private partnerships to secure non-Federal support

for the development, distribution, and broadcast of educational and instructional programming.

‘‘(2) REPORT TO CONGRESS.—The Secretary shall prepare

and submit to the relevant committees of Congress a biannual

report that includes the following:

‘‘(A) A summary of the activities assisted under subsection (a).

‘‘(B) A description of the education and training materials made available under subsection (a)(1)(E), the manner

in which outreach has been conducted to inform parents

and child care providers of the availability of such materials, and the manner in which such materials have been

distributed in accordance with such subsection.

‘‘(d) ADMINISTRATIVE COSTS.—An entity that receives a grant,

contract, or cooperative agreement under this section may use up

to 5 percent of the amount received under the grant, contract,

or agreement for the normal and customary expenses of administering the grant, contract, or agreement.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out this section such sums as may be necessary for

fiscal year 2002, and for each of the 5 succeeding fiscal years.

‘‘(2) FUNDING RULE.—Not less than 60 percent of the

amount appropriated under paragraph (1) for each fiscal year

shall be used to carry out activities under subparagraphs (B)

through (D) of subsection (a)(1).

115 STAT. 1686 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Subpart 4—Limitation on Availability of Certain

Funds for Schools

‘‘SEC. 2441. INTERNET SAFETY.

‘‘(a) IN GENERAL.—No funds made available under this part

to a local educational agency for an elementary school or secondary

school that does not receive services at discount rates under section

254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5))

may be used to purchase computers used to access the Internet,

or to pay for direct costs associated with accessing the Internet,

for such school unless the school, school board, local educational

agency, or other authority with responsibility for administration

of such school both— ‘‘(1)(A) has in place a policy of Internet safety for minors

that includes the operation of a technology protection measure

with respect to any of its computers with Internet access that

protects against access through such computers to visual depictions that are— ‘‘(i) obscene;

‘‘(ii) child pornography; or

‘‘(iii) harmful to minors; and ‘‘(B) is enforcing the operation of such technology protection

measure during any use of such computers by minors; and ‘‘(2)(A) has in place a policy of Internet safety that includes

the operation of a technology protection measure with respect

to any of its computers with Internet access that protects

against access through such computers to visual depictions

that are—

‘‘(i) obscene; or

‘‘(ii) child pornography; and

‘‘(B) is enforcing the operation of such technology protection

measure during any use of such computers.

‘‘(b) TIMING AND APPLICABILITY OF IMPLEMENTATION.—

‘‘(1) IN GENERAL.—The local educational agency with

responsibility for a school covered by subsection (a) shall certify

the compliance of such school with the requirements of subsection (a) as part of the application process for the next program funding year under this Act following December 21, 2000,

and for each subsequent program funding year thereafter.

‘‘(2) PROCESS.—

‘‘(A) SCHOOLS WITH INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.—A local

educational agency with responsibility for a school covered

by subsection (a) that has in place an Internet safety policy

meeting the requirements of subsection (a) shall certify

its compliance with subsection (a) during each annual program application cycle under this Act.

‘‘(B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.—

‘‘(i) CERTIFICATION.—A local educational agency

with responsibility for a school covered by subsection

(a) that does not have in place an Internet safety

policy meeting the requirements of subsection (a)—

‘‘(I) for the first program year after December

21, 2000, in which the local educational agency

is applying for funds for such school under this

Certification.

20 USC 6777.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1687

Act, shall certify that it is undertaking such

actions, including any necessary procurement

procedures, to put in place an Internet safety policy

that meets such requirements; and

‘‘(II) for the second program year after

December 21, 2000, in which the local educational

agency is applying for funds for such school under

this Act, shall certify that such school is in compliance with such requirements.

‘‘(ii) INELIGIBILITY.—Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such

requirements in such second program year shall be

ineligible for all funding under this part for such second

program year and all subsequent program years until

such time as such school comes into compliance with

such requirements.

‘‘(C) WAIVERS.—Any school subject to a certification

under subparagraph (B)(i)(II) for which the local educational agency concerned cannot make the certification

otherwise required by that subparagraph may seek a

waiver of that subparagraph if State or local procurement

rules or regulations or competitive bidding requirements

prevent the making of the certification otherwise required

by that subparagraph. The local educational agency concerned shall notify the Secretary of the applicability of

that subparagraph to the school. Such notice shall certify

that the school will be brought into compliance with the

requirements in subsection (a) before the start of the third

program year after December 21, 2000, in which the school

is applying for funds under this part.

‘‘(c) DISABLING DURING CERTAIN USE.—An administrator, supervisor, or person authorized by the responsible authority under subsection (a) may disable the technology protection measure concerned

to enable access for bona fide research or other lawful purposes. ‘‘(d) NONCOMPLIANCE.—

‘‘(1) USE OF GENERAL EDUCATION PROVISIONS ACT REMEDIES.—Whenever the Secretary has reason to believe that

any recipient of funds under this part is failing to comply

substantially with the requirements of this section, the Secretary may—

‘‘(A) withhold further payments to the recipient under

this part;

‘‘(B) issue a complaint to compel compliance of the

recipient through a cease and desist order; or

‘‘(C) enter into a compliance agreement with a recipient

to bring it into compliance with such requirements,

in same manner as the Secretary is authorized to take such

actions under sections 455, 456, and 457, respectively, of the

General Education Provisions Act.

‘‘(2) RECOVERY OF FUNDS PROHIBITED.—The actions authorized by paragraph (1) are the exclusive remedies available

with respect to the failure of a school to comply substantially

with a provision of this section, and the Secretary shall not

seek a recovery of funds from the recipient for such failure.

‘‘(3) RECOMMENCEMENT OF PAYMENTS.—Whenever the Secretary determines (whether by certification or other appropriate

Notification.

115 STAT. 1688 PUBLIC LAW 107–110—JAN. 8, 2002

evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the

failure providing the basis for the withholding of payments,

the Secretary shall cease the withholding of payments to the

recipient under that paragraph.

‘‘(e) DEFINITIONS.—In this subpart:

‘‘(1) COMPUTER.—The term ‘computer’ includes any hardware, software, or other technology attached or connected to,

installed in, or otherwise used in connection with a computer.

‘‘(2) ACCESS TO INTERNET.—A computer shall be considered

to have access to the Internet if such computer is equipped

with a modem or is connected to a computer network that

has access to the Internet.

‘‘(3) ACQUISITION OR OPERATION.—An elementary school or

secondary school shall be considered to have received funds

under this part for the acquisition or operation of any computer

if such funds are used in any manner, directly or indirectly—

‘‘(A) to purchase, lease, or otherwise acquire or obtain

the use of such computer; or

‘‘(B) to obtain services, supplies, software, or other

actions or materials to support, or in connection with,

the operation of such computer.

‘‘(4) MINOR.—The term ‘minor’ means an individual who

has not attained the age of 17.

‘‘(5) CHILD PORNOGRAPHY.—The term ‘child pornography’

has the meaning given that term in section 2256 of title 18,

United States Code.

‘‘(6) HARMFUL TO MINORS.—The term ‘harmful to minors’

means any picture, image, graphic image file, or other visual

depiction that—

‘‘(A) taken as a whole and with respect to minors,

appeals to a prurient interest in nudity, sex, or excretion;

‘‘(B) depicts, describes, or represents, in a patently

offensive way with respect to what is suitable for minors,

an actual or simulated sexual act or sexual contact, actual

or simulated normal or perverted sexual acts, or a lewd

exhibition of the genitals; and

‘‘(C) taken as a whole, lacks serious literary, artistic,

political, or scientific value as to minors.

‘‘(7) OBSCENE.—The term ‘obscene’ has the meaning

applicable to that term under section 1460 of title 18, United

States Code.

‘‘(8) SEXUAL ACT AND SEXUAL CONTACT.—The terms ‘sexual

act’ and ‘sexual contact’ have the meanings given those terms

in section 2246 of title 18, United States Code.

‘‘(f) SEVERABILITY.—If any provision of this section is held

invalid, the remainder of this section shall not be affected thereby.’’.

SEC. 202. CONTINUATION OF AWARDS.

Notwithstanding any other provision of this Act or the

Elementary and Secondary Education Act of 1965, in the case

of—

(1) a person or entity that, prior to the date of enactment

of this Act, was awarded funds appropriated under the Department of Education Appropriations Act, 2001 for new teacher

recruitment initiatives; or

20 USC 6301

note.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1689

(2) a person or agency that, prior to the date of enactment

of this Act, was awarded a grant or contract under part K

of title X of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 8331 et seq.),

the Secretary of Education shall continue to provide funds in accordance with the terms of such award until the date on which the

award period terminates.

TITLE III—LANGUAGE INSTRUCTION

FOR LIMITED ENGLISH PROFICIENT

AND IMMIGRANT STUDENTS

SEC. 301. LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT CHILDREN AND IMMIGRANT CHILDREN AND

YOUTH.

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

‘‘TITLE III—LANGUAGE INSTRUCTION

FOR LIMITED ENGLISH PROFICIENT

AND IMMIGRANT STUDENTS

‘‘SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON

EFFECTIVENESS OF PARTS.

‘‘(a) AUTHORIZATIONS OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—Subject to subsection (b), there are

authorized to be appropriated to carry out this title, except

for subpart 4 of part B, $750,000,000 for fiscal year 2002

and such sums as may be necessary for each of the 5 succeeding

fiscal years.

‘‘(2) EMERGENCY IMMIGRANT EDUCATION PROGRAM.—There

are authorized to be appropriated to carry out subpart 4 of

part B (when such part is in effect) such sums as may be

necessary for fiscal year 2002 and each of the 5 succeeding

fiscal years.

‘‘(b) CONDITIONS ON EFFECTIVENESS OF PARTS A AND B.—

‘‘(1) PART A.—Part A shall be in effect for any fiscal year

for which the amount appropriated under paragraphs (1) and

(2) of subsection (a) equals or exceeds $650,000,000.

‘‘(2) PART B.—Part B shall be in effect only for a fiscal

year for which part A is not in effect.

‘‘(c) REFERENCES.—In any fiscal year for which part A is in

effect, references in Federal law (other than this title) to part

B shall be considered to be references to part A. In any fiscal

year for which part B is in effect, references in Federal law (other

than this title) to part A shall be considered to be references

to part B.

20 USC 6801.

115 STAT. 1690 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘PART A—ENGLISH LANGUAGE ACQUISITION,

LANGUAGE ENHANCEMENT, AND ACADEMIC

ACHIEVEMENT ACT

‘‘SEC. 3101. SHORT TITLE.

‘‘This part may be cited as the ‘English Language Acquisition,

Language Enhancement, and Academic Achievement Act’.

‘‘SEC. 3102. PURPOSES.

‘‘The purposes of this part are—

‘‘(1) to help ensure that children who are limited English

proficient, including immigrant children and youth, attain

English proficiency, develop high levels of academic attainment

in English, and meet the same challenging State academic

content and student academic achievement standards as all

children are expected to meet;

‘‘(2) to assist all limited English proficient children,

including immigrant children and youth, to achieve at high

levels in the core academic subjects so that those children

can meet the same challenging State academic content and

student academic achievement standards as all children are

expected to meet, consistent with section 1111(b)(1);

‘‘(3) to develop high-quality language instruction educational programs designed to assist State educational agencies,

local educational agencies, and schools in teaching limited

English proficient children and serving immigrant children and

youth;

‘‘(4) to assist State educational agencies and local educational agencies to develop and enhance their capacity to

provide high-quality instructional programs designed to prepare

limited English proficient children, including immigrant children and youth, to enter all-English instruction settings;

‘‘(5) to assist State educational agencies, local educational

agencies, and schools to build their capacity to establish, implement, and sustain language instruction educational programs

and programs of English language development for limited

English proficient children;

‘‘(6) to promote parental and community participation in

language instruction educational programs for the parents and

communities of limited English proficient children;

‘‘(7) to streamline language instruction educational programs into a program carried out through formula grants to

State educational agencies and local educational agencies to

help limited English proficient children, including immigrant

children and youth, develop proficiency in English, while

meeting challenging State academic content and student academic achievement standards;

‘‘(8) to hold State educational agencies, local educational

agencies, and schools accountable for increases in English proficiency and core academic content knowledge of limited English

proficient children by requiring—

‘‘(A) demonstrated improvements in the English proficiency of limited English proficient children each fiscal

year; and

20 USC 6812.

English

Language

Acquisition,

Language

Enhancement,

and Academic

Achievement Act.

Children, youth

and families.

Grants.

20 USC 6811.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1691

‘‘(B) adequate yearly progress for limited English proficient children, including immigrant children and youth,

as described in section 1111(b)(2)(B); and

‘‘(9) to provide State educational agencies and local educational agencies with the flexibility to implement language

instruction educational programs, based on scientifically based

research on teaching limited English proficient children, that

the agencies believe to be the most effective for teaching

English.

‘‘Subpart 1—Grants and Subgrants for English

Language Acquisition and Language Enhancement

‘‘SEC. 3111. FORMULA GRANTS TO STATES.

‘‘(a) IN GENERAL.—In the case of each State educational agency

having a plan approved by the Secretary for a fiscal year under

section 3113, the Secretary shall make a grant for the year to

the agency for the purposes specified in subsection (b). The grant

shall consist of the allotment determined for the State educational

agency under subsection (c).

‘‘(b) USE OF FUNDS.—

‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The Secretary may

make a grant under subsection (a) only if the State educational

agency involved agrees to expend at least 95 percent of the

State educational agency’s allotment under subsection (c) for

a fiscal year—

‘‘(A) to award subgrants, from allocations under section

3114, to eligible entities to carry out the activities described

in section 3115 (other than subsection (e)); and

‘‘(B) to award subgrants under section 3114(d)(1) to

eligible entities that are described in that section to carry

out the activities described in section 3115(e).

‘‘(2) STATE ACTIVITIES.—Subject to paragraph (3), each State

educational agency receiving a grant under subsection (a) may

reserve not more than 5 percent of the agency’s allotment

under subsection (c) to carry out one or more of the following

activities:

‘‘(A) Professional development activities, and other

activities, that assist personnel in meeting State and local

certification and licensing requirements for teaching limited English proficient children.

‘‘(B) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to

in paragraph (1).

‘‘(C) Providing technical assistance and other forms

of assistance to eligible entities that are receiving subgrants

from a State educational agency under this subpart,

including assistance in— ‘‘(i) identifying and implementing language

instruction educational programs and curricula that

are based on scientifically based research on teaching

limited English proficient children;

‘‘(ii) helping limited English proficient children

meet the same challenging State academic content and

20 USC 6821.

115 STAT. 1692 PUBLIC LAW 107–110—JAN. 8, 2002

student academic achievement standards as all children are expected to meet;

‘‘(iii) identifying or developing, and implementing,

measures of English proficiency; and

‘‘(iv) promoting parental and community participation in programs that serve limited English proficient

children.

‘‘(D) Providing recognition, which may include providing financial awards, to subgrantees that have exceeded

their annual measurable achievement objectives pursuant

to section 3122.

‘‘(3) ADMINISTRATIVE EXPENSES.—From the amount

reserved under paragraph (2), a State educational agency may

use not more than 60 percent of such amount or $175,000,

whichever is greater, for the planning and administrative costs

of carrying out paragraphs (1) and (2).

‘‘(c) RESERVATIONS AND ALLOTMENTS.—

‘‘(1) RESERVATIONS.—From the amount appropriated under

section 3001(a) for each fiscal year, the Secretary shall

reserve—

‘‘(A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are

defined under section 3112(a) for activities, approved by

the Secretary, consistent with this subpart;

‘‘(B) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart, as determined

by the Secretary, for activities, approved by the Secretary,

consistent with this subpart;

‘‘(C) 6.5 percent of such amount for national activities

under sections 3131 and 3303, except that not more than

0.5 percent of such amount shall be reserved for evaluation

activities conducted by the Secretary and not more than

$2,000,000 of such amount may be reserved for the

National Clearinghouse for English Language Acquisition

and Language Instruction Educational Programs described

in section 3303; and

‘‘(D) such sums as may be necessary to make continuation awards under paragraph (2).

‘‘(2) CONTINUATION AWARDS.—

‘‘(A) IN GENERAL.—Before making allotments to State

educational agencies under paragraph (3) for any fiscal

year, the Secretary shall use the sums reserved under

paragraph (1)(D) to make continuation awards to recipients

who received grants or fellowships for the fiscal year preceding any fiscal year described in section 3001(b)(1)(A)

under—

‘‘(i) subparts 1 and 3 of part A of title VII (as

in effect on the day before the date of enactment of

the No Child Left Behind Act of 2001); or

‘‘(ii) subparts 1 and 3 of part B of this title.

‘‘(B) USE OF FUNDS.—The Secretary shall make the

awards in order to allow such recipients to receive awards

for the complete period of their grants or fellowships under

the appropriate subparts.

‘‘(3) STATE ALLOTMENTS.—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1693

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), from the amount appropriated under section 3001(a)

for each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to

each State educational agency having a plan approved

under section 3113(c)—

‘‘(i) an amount that bears the same relationship

to 80 percent of the remainder as the number of limited

English proficient children in the State bears to the

number of such children in all States; and

‘‘(ii) an amount that bears the same relationship

to 20 percent of the remainder as the number of

immigrant children and youth in the State bears to

the number of such children and youth in all States.

‘‘(B) MINIMUM ALLOTMENTS.—No State educational

agency shall receive an allotment under this paragraph

that is less than $500,000. ‘‘(C) REALLOTMENT.—If any State educational agency

described in subparagraph (A) does not submit a plan

to the Secretary for a fiscal year, or submits a plan (or

any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does

not satisfy the requirements of this subpart, the

Secretary—

‘‘(i) shall endeavor to make the State’s allotment

available on a competitive basis to specially qualified

agencies within the State to satisfy the requirements

of section 3115 (and any additional requirements that

the Secretary may impose), consistent with the purposes of such section, and to carry out required and

authorized activities under such section; and

‘‘(ii) shall reallot any portion of such allotment

remaining after the application of clause (i) to the

remaining State educational agencies in accordance

with subparagraph (A).

‘‘(D) SPECIAL RULE FOR PUERTO RICO.—The total

amount allotted to Puerto Rico for any fiscal year under

subparagraph (A) shall not exceed 0.5 percent of the total

amount allotted to all States for that fiscal year.

‘‘(4) USE OF DATA FOR DETERMINATIONS.—

‘‘(A) IN GENERAL.—In making State allotments under

paragraph (3), for the purpose of determining the number

of limited English proficient children in a State and in

all States, and the number of immigrant children and

youth in a State and in all States, for each fiscal year,

the Secretary shall use data that will yield the most

accurate, up-to-date numbers of such children and youth.

‘‘(B) SPECIAL RULE.—

‘‘(i) FIRST 2 YEARS.—In making determinations

under subparagraph (A) for the 2 fiscal years following

the date of enactment of the No Child Left Behind

Act of 2001, the Secretary shall determine the number

of limited English proficient children in a State and

in all States, and the number of immigrant children

and youth in a State and in all States, using data

available from the Bureau of Census or submitted by

the States to the Secretary.

115 STAT. 1694 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) SUBSEQUENT YEARS.—For subsequent fiscal

years, the Secretary shall determine the number of

limited English proficient children in a State and in

all States, and the number of immigrant children and

youth in a State and in all States, using the more

accurate of—‘‘(I) the data available from the American

Community Survey available from the Department

of Commerce; or ‘‘(II) the number of children being assessed

for English proficiency in a State as required under

section 1111(b)(7).

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

SCHOOL.

‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary schools,

secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity: ‘‘(1) An Indian tribe.

‘‘(2) A tribally sanctioned educational authority.

‘‘(3) A Native Hawaiian or Native American Pacific Islander

native language educational organization. ‘‘(4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Affairs, or a consortium

of such schools. ‘‘(5) An elementary school or secondary school operated

under a contract with or grant from the Bureau of Indian

Affairs, in consortium with another such school or a tribal

or community organization. ‘‘(6) An elementary school or secondary school operated

by the Bureau of Indian Affairs and an institution of higher

education, in consortium with an elementary school or secondary school operated under a contract with or grant from

the Bureau of Indian Affairs or a tribal or community organization.

‘‘(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE.—Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a), and that desires

to receive Federal financial assistance under this subpart, shall

submit an application to the Secretary. ‘‘(c) SPECIAL RULE.—An eligible entity described in subsection

(a) that receives Federal financial assistance pursuant to this section shall not be eligible to receive a subgrant under section 3114.

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

‘‘(a) PLAN REQUIRED.—Each State educational agency and specially qualified agency desiring a grant under this subpart shall

submit a plan to the Secretary at such time, in such manner,

and containing such information as the Secretary may require.

‘‘(b) CONTENTS.—Each plan submitted under subsection (a)

shall—

‘‘(1) describe the process that the agency will use in making

subgrants to eligible entities under section 3114(d)(1);

‘‘(2) describe how the agency will establish standards and

objectives for raising the level of English proficiency that are

derived from the four recognized domains of speaking, listening,

20 USC 6823.

20 USC 6822.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1695

reading, and writing, and that are aligned with achievement

of the challenging State academic content and student academic

achievement standards described in section 1111(b)(1);

‘‘(3) contain an assurance that—

‘‘(A) in the case of a State educational agency, the

agency consulted with local educational agencies, education-related community groups and nonprofit organizations, parents, teachers, school administrators, and

researchers, in developing the annual measurable achievement objectives described in section 3122;

‘‘(B) in the case of a specially qualified agency, the

agency consulted with education-related community groups

and nonprofit organizations, parents, teachers, and

researchers, in developing the annual measurable achievement objectives described in section 3122;

‘‘(C) the agency will ensure that eligible entities

receiving a subgrant under this subpart comply with the

requirement in section 1111(b)(7) to annually assess in

English children who have been in the United States for

3 or more consecutive years;

‘‘(D) the agency will ensure that eligible entities

receiving a subgrant under this subpart annually assess

the English proficiency of all limited English proficient

children participating in a program funded under this subpart, consistent with section 1111(b)(7);

‘‘(E) in awarding subgrants under section 3114, the

agency will address the needs of school systems of all

sizes and in all geographic areas, including school systems

with rural and urban schools;

‘‘(F) subgrants to eligible entities under section

3114(d)(1) will be of sufficient size and scope to allow

such entities to carry out high-quality language instruction

educational programs for limited English proficient children; and

‘‘(G) the agency will require an eligible entity receiving

a subgrant under this subpart to use the subgrant in

ways that will build such recipient’s capacity to continue

to offer high-quality language instruction educational programs that assist limited English proficient children in

meeting challenging State academic content and student

academic achievement standards once assistance under this

subpart is no longer available;

‘‘(4) describe how the agency will coordinate its programs

and activities under this subpart with its other programs and

activities under this Act and other Acts, as appropriate;

‘‘(5) describe how the agency will hold local educational

agencies, eligible entities, elementary schools, and secondary

schools accountable for—

‘‘(A) meeting all annual measurable achievement objectives described in section 3122;

‘‘(B) making adequate yearly progress for limited

English proficient children, as described in section

1111(b)(2)(B); and

‘‘(C) achieving the purposes of this part; and

‘‘(6) describe how eligible entities in the State will be given

the flexibility to teach limited English proficient children—

115 STAT. 1696 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) using a language instruction curriculum that is

tied to scientifically based research on teaching limited

English proficient children and that has been demonstrated

to be effective; and

‘‘(B) in the manner the eligible entities determine to

be the most effective.

‘‘(c) APPROVAL.—The Secretary, after using a peer review

process, shall approve a plan submitted under subsection (a) if

the plan meets the requirements of this section.

‘‘(d) DURATION OF PLAN.—

‘‘(1) IN GENERAL.—Each plan submitted by a State educational agency or specially qualified agency and approved

under subsection (c) shall—

‘‘(A) remain in effect for the duration of the agency’s

participation under this part; and

‘‘(B) be periodically reviewed and revised by the agency,

as necessary, to reflect changes to the agency’s strategies

and programs carried out under this part.

‘‘(2) ADDITIONAL INFORMATION.—

‘‘(A) AMENDMENTS.—If the State educational agency

or specially qualified agency amends the plan, the agency

shall submit such amendment to the Secretary.

‘‘(B) APPROVAL.—The Secretary shall approve such

amendment to an approved plan, unless the Secretary

determines that the amendment will result in the agency

not meeting the requirements, or fulfilling the purposes,

of this part.

‘‘(e) CONSOLIDATED PLAN.—A plan submitted under subsection

(a) may be submitted as part of a consolidated plan under section

9302.

‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if requested, in the development of English proficiency standards, objectives, and assessments.

‘‘SEC. 3114. WITHIN-STATE ALLOCATIONS.

‘‘(a) IN GENERAL.—After making the reservation required under

subsection (d)(1), each State educational agency receiving a grant

under section 3111(c)(3) shall award subgrants for a fiscal year

by allocating to each eligible entity in the State having a plan

approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining

after making such reservation as the population of limited English

proficient children in schools served by the eligible entity bears

to the population of limited English proficient children in schools

served by all eligible entities in the State.

‘‘(b) LIMITATION.—A State educational agency shall not award

a subgrant from an allocation made under subsection (a) if the

amount of such subgrant would be less than $10,000.

‘‘(c) REALLOCATION.—Whenever a State educational agency

determines that an amount from an allocation made to an eligible

entity under subsection (a) for a fiscal year will not be used by

the entity for the purpose for which the allocation was made,

the agency shall, in accordance with such rules as it determines

to be appropriate, reallocate such amount, consistent with such

subsection, to other eligible entities in the State that the agency

determines will use the amount to carry out that purpose.

20 USC 6824.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1697

‘‘(d) REQUIRED RESERVATION.—A State educational agency

receiving a grant under this subpart for a fiscal year—

‘‘(1) shall reserve not more than 15 percent of the agency’s

allotment under section 3111(c)(3) to award subgrants to

eligible entities in the State that have experienced a significant

increase, as compared to the average of the 2 preceding fiscal

years, in the percentage or number of immigrant children and

youth, who have enrolled, during the fiscal year preceding

the fiscal year for which the subgrant is made, in public and

nonpublic elementary schools and secondary schools in the

geographic areas under the jurisdiction of, or served by, such

entities; and

‘‘(2) in awarding subgrants under paragraph (1)—

‘‘(A) shall equally consider eligible entities that satisfy

the requirement of such paragraph but have limited or

no experience in serving immigrant children and youth;

and

‘‘(B) shall consider the quality of each local plan under

section 3116 and ensure that each subgrant is of sufficient

size and scope to meet the purposes of this part.

‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

‘‘(a) PURPOSES OF SUBGRANTS.—A State educational agency may

make a subgrant to an eligible entity from funds received by the

agency under this subpart only if the entity agrees to expend

the funds to improve the education of limited English proficient

children, by assisting the children to learn English and meet challenging State academic content and student academic achievement

standards. In carrying out activities with such funds, the entity

shall use approaches and methodologies based on scientifically

based research on teaching limited English proficient children and

immigrant children and youth for the following purposes:

‘‘(1) Developing and implementing new language instruction educational programs and academic content instruction

programs for such children, and such children and youth,

including programs of early childhood education, elementary

school programs, and secondary school programs.

‘‘(2) Carrying out highly focused, innovative, locally

designed activities to expand or enhance existing language

instruction educational programs and academic content instruction programs for such children, and such children and youth.

‘‘(3) Implementing, within an individual school, schoolwide

programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language

instruction educational programs and academic content instruction for such children, and such children and youth.

‘‘(4) Implementing, within the entire jurisdiction of a local

educational agency, agencywide programs for restructuring,

reforming, and upgrading all relevant programs, activities, and

operations relating to language instruction educational programs and academic content instruction for such children, and

such children and youth.

‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible entity receiving

funds under section 3114(a) for a fiscal year may use not more

than 2 percent of such funds for the cost of administering this

subpart.

20 USC 6825.

115 STAT. 1698 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity

receiving funds under section 3114(a) shall use the funds—

‘‘(1) to increase the English proficiency of limited English

proficient children by providing high-quality language instruction educational programs that are based on scientifically based

research demonstrating the effectiveness of the programs in

increasing—

‘‘(A) English proficiency; and

‘‘(B) student academic achievement in the core academic subjects; and

‘‘(2) to provide high-quality professional development to

classroom teachers (including teachers in classroom settings

that are not the settings of language instruction educational

programs), principals, administrators, and other school or

community-based organizational personnel, that is—

‘‘(A) designed to improve the instruction and assessment of limited English proficient children;

‘‘(B) designed to enhance the ability of such teachers

to understand and use curricula, assessment measures,

and instruction strategies for limited English proficient

children;

‘‘(C) based on scientifically based research demonstrating the effectiveness of the professional development

in increasing children’s English proficiency or substantially

increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and

‘‘(D) of sufficient intensity and duration (which shall

not include activities such as one-day or short-term workshops and conferences) to have a positive and lasting

impact on the teachers’ performance in the classroom,

except that this subparagraph shall not apply to an activity

that is one component of a long-term, comprehensive professional development plan established by a teacher and the

teacher’s supervisor based on an assessment of the needs

of the teacher, the supervisor, the students of the teacher,

and any local educational agency employing the teacher.

‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to subsection (c), an eligible entity receiving funds under section 3114(a)

may use the funds to achieve one of the purposes described in

subsection (a) by undertaking one or more of the following activities:

‘‘(1) Upgrading program objectives and effective instruction

strategies.

‘‘(2) Improving the instruction program for limited English

proficient children by identifying, acquiring, and upgrading curricula, instruction materials, educational software, and assessment procedures.

‘‘(3) Providing—

‘‘(A) tutorials and academic or vocational education

for limited English proficient children; and

‘‘(B) intensified instruction.

‘‘(4) Developing and implementing elementary school or

secondary school language instruction educational programs

that are coordinated with other relevant programs and services.

‘‘(5) Improving the English proficiency and academic

achievement of limited English proficient children.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1699

‘‘(6) Providing community participation programs, family

literacy services, and parent outreach and training activities

to limited English proficient children and their families—

‘‘(A) to improve the English language skills of limited

English proficient children; and

‘‘(B) to assist parents in helping their children to

improve their academic achievement and becoming active

participants in the education of their children.

‘‘(7) Improving the instruction of limited English proficient

children by providing for—

‘‘(A) the acquisition or development of educational technology or instructional materials;

‘‘(B) access to, and participation in, electronic networks

for materials, training, and communication; and

‘‘(C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such

as those funded under this subpart.

‘‘(8) Carrying out other activities that are consistent with

the purposes of this section.

‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL

INCREASES IN IMMIGRANT CHILDREN AND YOUTH.—

‘‘(1) IN GENERAL.—An eligible entity receiving funds under

section 3114(d)(1) shall use the funds to pay for activities

that provide enhanced instructional opportunities for

immigrant children and youth, which may include—

‘‘(A) family literacy, parent outreach, and training

activities designed to assist parents to become active

participants in the education of their children;

‘‘(B) support for personnel, including teacher aides who

have been specifically trained, or are being trained, to

provide services to immigrant children and youth;

‘‘(C) provision of tutorials, mentoring, and academic

or career counseling for immigrant children and youth;

‘‘(D) identification and acquisition of curricular materials, educational software, and technologies to be used

in the program carried out with funds;

‘‘(E) basic instruction services that are directly attributable to the presence in the school district involved of

immigrant children and youth, including the payment of

costs of providing additional classroom supplies, costs of

transportation, or such other costs as are directly attributable to such additional basic instruction services;

‘‘(F) other instruction services that are designed to

assist immigrant children and youth to achieve in

elementary schools and secondary schools in the United

States, such as programs of introduction to the educational

system and civics education; and

‘‘(G) activities, coordinated with community-based

organizations, institutions of higher education, private

sector entities, or other entities with expertise in working

with immigrants, to assist parents of immigrant children

and youth by offering comprehensive community services.

‘‘(2) DURATION OF SUBGRANTS.—The duration of a subgrant

made by a State educational agency under section 3114(d)(1)

shall be determined by the agency in its discretion.

‘‘(f) SELECTION OF METHOD OF INSTRUCTION.—

115 STAT. 1700 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) IN GENERAL.—To receive a subgrant from a State educational agency under this subpart, an eligible entity shall

select one or more methods or forms of instruction to be used

in the programs and activities undertaken by the entity to

assist limited English proficient children to attain English proficiency and meet challenging State academic content and student academic achievement standards.

‘‘(2) CONSISTENCY.—Such selection shall be consistent with

sections 3125 through 3127.

‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this subpart shall be used so as to supplement the

level of Federal, State, and local public funds that, in the absence

of such availability, would have been expended for programs for

limited English proficient children and immigrant children and

youth and in no case to supplant such Federal, State, and local

public funds.

‘‘SEC. 3116. LOCAL PLANS.

‘‘(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant

from the State educational agency under section 3114 shall submit

a plan to the State educational agency at such time, in such manner,

and containing such information as the State educational agency

may require.

‘‘(b) CONTENTS.—Each plan submitted under subsection (a)

shall—

‘‘(1) describe the programs and activities proposed to be

developed, implemented, and administered under the subgrant;

‘‘(2) describe how the eligible entity will use the subgrant

funds to meet all annual measurable achievement objectives

described in section 3122;

‘‘(3) describe how the eligible entity will hold elementary

schools and secondary schools receiving funds under this subpart accountable for—

‘‘(A) meeting the annual measurable achievement

objectives described in section 3122;

‘‘(B) making adequate yearly progress for limited

English proficient children, as described in section

1111(b)(2)(B); and

‘‘(C) annually measuring the English proficiency of limited English proficient children, so that such children

served by the programs carried out under this part develop

proficiency in English while meeting State academic content and student academic achievement standards as

required by section 1111(b)(1);

‘‘(4) describe how the eligible entity will promote parental

and community participation in programs for limited English

proficient children;

‘‘(5) contain an assurance that the eligible entity consulted

with teachers, researchers, school administrators, and parents,

and, if appropriate, with education-related community groups

and nonprofit organizations, and institutions of higher education, in developing such plan; and

‘‘(6) describe how language instruction educational programs carried out under the subgrant will ensure that limited

English proficient children being served by the programs

develop English proficiency.

20 USC 6826.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1701

‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving

a subgrant under section 3114 shall include in its plan a certification that all teachers in any language instruction educational

program for limited English proficient children that is, or will

be, funded under this part are fluent in English and any other

language used for instruction, including having written and oral

communications skills.

‘‘(d) OTHER REQUIREMENTS FOR APPROVAL.—Each local plan

shall also contain assurances that—

‘‘(1) each local educational agency that is included in the

eligible entity is complying with section 3302 prior to, and

throughout, each school year;

‘‘(2) the eligible entity annually will assess the English

proficiency of all children with limited English proficiency

participating in programs funded under this part;

‘‘(3) the eligible entity has based its proposed plan on

scientifically based research on teaching limited English proficient children;

‘‘(4) the eligible entity will ensure that the programs will

enable children to speak, read, write, and comprehend the

English language and meet challenging State academic content

and student academic achievement standards; and

‘‘(5) the eligible entity is not in violation of any State

law, including State constitutional law, regarding the education

of limited English proficient children, consistent with sections

3126 and 3127.

‘‘Subpart 2—Accountability and Administration

‘‘SEC. 3121. EVALUATIONS.

‘‘(a) IN GENERAL.—Each eligible entity that receives a subgrant

from a State educational agency under subpart 1 shall provide

such agency, at the conclusion of every second fiscal year during

which the subgrant is received, with an evaluation, in a form

prescribed by the agency, that includes—

‘‘(1) a description of the programs and activities conducted

by the entity with funds received under subpart 1 during the

two immediately preceding fiscal years;

‘‘(2) a description of the progress made by children in

learning the English language and meeting challenging State

academic content and student academic achievement standards;

‘‘(3) the number and percentage of children in the programs

and activities attaining English proficiency by the end of each

school year, as determined by a valid and reliable assessment

of English proficiency; and

‘‘(4) a description of the progress made by children in

meeting challenging State academic content and student academic achievement standards for each of the 2 years after

such children are no longer receiving services under this part.

‘‘(b) USE OF EVALUATION.—An evaluation provided by an eligible

entity under subsection (a) shall be used by the entity and the

State educational agency—

‘‘(1) for improvement of programs and activities;

‘‘(2) to determine the effectiveness of programs and activities in assisting children who are limited English proficient

20 USC 6841.

115 STAT. 1702 PUBLIC LAW 107–110—JAN. 8, 2002

to attain English proficiency (as measured consistent with subsection (d)) and meet challenging State academic content and

student academic achievement standards; and

‘‘(3) in determining whether or not to continue funding

for specific programs or activities.

‘‘(c) EVALUATION COMPONENTS.—An evaluation provided by an

eligible entity under subsection (a) shall—

‘‘(1) provide an evaluation of children enrolled in a program

or activity conducted by the entity using funds under subpart

1 (including the percentage of children) who—

‘‘(A) are making progress in attaining English proficiency, including the percentage of children who have

achieved English proficiency;

‘‘(B) have transitioned into classrooms not tailored to

limited English proficient children, and have a sufficient

level of English proficiency to permit them to achieve in

English and transition into classrooms not tailored to limited English proficient children;

‘‘(C) are meeting the same challenging State academic

content and student academic achievement standards as

all children are expected to meet; and

‘‘(D) are not receiving waivers for the reading or language arts assessments under section 1111(b)(3)(C); and

‘‘(2) include such other information as the State educational

agency may require.

‘‘(d) EVALUATION MEASURES.—A State shall approve evaluation

measures for use under subsection (c) that are designed to assess—

‘‘(1) the progress of children in attaining English proficiency, including a child’s level of comprehension, speaking,

listening, reading, and writing skills in English;

‘‘(2) student attainment of challenging State student academic achievement standards on assessments described in section 1111(b)(3); and

‘‘(3) progress in meeting the annual measurable achievement objectives described in section 3122.

‘‘(e) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—Each

specially qualified agency receiving a grant under this part shall

provide the evaluations described in subsection (a) to the Secretary

subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such

subsection.

‘‘SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.

‘‘(a) ACHIEVEMENT OBJECTIVES.—

‘‘(1) IN GENERAL.—Each State educational agency or specially qualified agency receiving a grant under subpart 1 shall

develop annual measurable achievement objectives for limited

English proficient children served under this part that relate

to such children’s development and attainment of English proficiency while meeting challenging State academic content and

student academic achievement standards as required by section

1111(b)(1).

‘‘(2) DEVELOPMENT OF OBJECTIVES.—Such annual measurable achievement objectives shall be developed in a manner

that—

20 USC 6842.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1703

‘‘(A) reflects the amount of time an individual child

has been enrolled in a language instruction educational

program; and ‘‘(B) uses consistent methods and measurements to

reflect the increases described in subparagraphs (A)(i),

(A)(ii), and (B) of paragraph (3).

‘‘(3) CONTENTS.—Such annual measurable achievement

objectives—

‘‘(A) shall include— ‘‘(i) at a minimum, annual increases in the number

or percentage of children making progress in learning

English; ‘‘(ii) at a minimum, annual increases in the number

or percentage of children attaining English proficiency

by the end of each school year, as determined by a

valid and reliable assessment of English proficiency

consistent with section 1111(b)(7); and ‘‘(iii) making adequate yearly progress for limited

English proficient children as described in section

1111(b)(2)(B); and

‘‘(B) at the discretion of the agency, may include the

number or percentage of children not receiving waivers

for reading or language arts assessments under section

1111(b)(3)(C), but this achievement objective shall not be

applied to an eligible entity that, in a given school year— ‘‘(i) has experienced a large increase in limited

English proficient children or immigrant children and

youth;

‘‘(ii) enrolls a statistically significant number of

immigrant children and youth from countries where

such children and youth had little or no access to

formal education; or

‘‘(iii) has a statistically significant number of

immigrant children and youth who have fled from war

or natural disaster.

‘‘(b) ACCOUNTABILITY.—

‘‘(1) FOR STATES.—Each State educational agency receiving

a grant under subpart 1 shall hold eligible entities receiving

a subgrant under such subpart accountable for meeting the

annual measurable achievement objectives under subsection

(a), including making adequate yearly progress for limited

English proficient children.

‘‘(2) IMPROVEMENT PLAN.—If a State educational agency

determines, based on the annual measurable achievement objectives described in subsection (a), that an eligible entity has

failed to make progress toward meeting such objectives for

2 consecutive years, the agency shall require the entity to

develop an improvement plan that will ensure that the entity

meets such objectives. The improvement plan shall specifically

address the factors that prevented the entity from achieving

such objectives. ‘‘(3) TECHNICAL ASSISTANCE.—During the development of

the improvement plan described in paragraph (2), and throughout its implementation, the State educational agency shall—

‘‘(A) provide technical assistance to the eligible entity;

‘‘(B) provide technical assistance, if applicable, to

schools served by such entity under subpart 1 that need

115 STAT. 1704 PUBLIC LAW 107–110—JAN. 8, 2002

assistance to enable the schools to meet the annual measurable achievement objectives described in subsection (a);

‘‘(C) develop, in consultation with the entity, professional development strategies and activities, based on scientifically based research, that the agency will use to meet

such objectives;

‘‘(D) require such entity to utilize such strategies and

activities; and

‘‘(E) develop, in consultation with the entity, a plan

to incorporate strategies and methodologies, based on scientifically based research, to improve the specific program

or method of instruction provided to limited English proficient children.

‘‘(4) ACCOUNTABILITY.—If a State educational agency determines that an eligible entity has failed to meet the annual

measurable achievement objectives described in subsection (a)

for 4 consecutive years, the agency shall—

‘‘(A) require such entity to modify the entity’s curriculum, program, and method of instruction; or

‘‘(B)(i) make a determination whether the entity shall

continue to receive funds related to the entity’s failure

to meet such objectives; and

‘‘(ii) require such entity to replace educational personnel relevant to the entity’s failure to meet such objectives.

‘‘(c) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—The

Secretary shall hold specially qualified agencies receiving a grant

under this subpart accountable for meeting the annual measurable

achievement objectives described in subsection (a) in the same

manner as State educational agencies hold eligible entities accountable under subsection (b).

‘‘SEC. 3123. REPORTING REQUIREMENTS.

‘‘(a) STATES.—Based upon the evaluations provided to a State

educational agency under section 3121, each such agency that

receives a grant under this part shall prepare and submit every

second year to the Secretary a report on programs and activities

carried out by the State educational agency under this part and

the effectiveness of such programs and activities in improving the

education provided to children who are limited English proficient.

‘‘(b) SECRETARY.—Every second year, the Secretary shall prepare and submit to the Committee on Education and the Workforce

of the House of Representatives and the Committee on Health,

Education, Labor, and Pensions of the Senate a report—

‘‘(1) on programs and activities carried out to serve limited

English proficient children under this part, and the effectiveness of such programs and activities in improving the academic

achievement and English proficiency of children who are limited

English proficient;

‘‘(2) on the types of language instruction educational programs used by local educational agencies or eligible entities

receiving funding under this part to teach limited English

proficient children;

‘‘(3) containing a critical synthesis of data reported by

eligible entities to States under section 3121(a);

Deadline.

20 USC 6843.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1705

‘‘(4) containing a description of technical assistance and

other assistance provided by State educational agencies under

section 3111(b)(2)(C); ‘‘(5) containing an estimate of the number of certified or

licensed teachers working in language instruction educational

programs and educating limited English proficient children,

and an estimate of the number of such teachers that will

be needed for the succeeding 5 fiscal years;

‘‘(6) containing the major findings of scientifically based

research carried out under this part;

‘‘(7) containing the number of programs or activities, if

any, that were terminated because the entities carrying out

the programs or activities were not able to reach program

goals;

‘‘(8) containing the number of limited English proficient

children served by eligible entities receiving funding under

this part who were transitioned out of language instruction

educational programs funded under this part into classrooms

where instruction is not tailored for limited English proficient

children; and

‘‘(9) containing other information gathered from the evaluations from specially qualified agencies and other reports submitted to the Secretary under this title when applicable.

‘‘SEC. 3124. COORDINATION WITH RELATED PROGRAMS.

‘‘In order to maximize Federal efforts aimed at serving the

educational needs of children of limited English proficiency, the

Secretary shall coordinate and ensure close cooperation with other

entities carrying out programs serving language-minority and limited English proficient children that are administered by the Department and other agencies.

‘‘SEC. 3125. RULES OF CONSTRUCTION.

‘‘Nothing in this part shall be construed—

‘‘(1) to prohibit a local educational agency from serving

limited English proficient children simultaneously with children

with similar educational needs, in the same educational settings

where appropriate;

‘‘(2) to require a State or a local educational agency to

establish, continue, or eliminate any particular type of instructional program for limited English proficient children; or

‘‘(3) to limit the preservation or use of Native American

languages.

‘‘SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW.

‘‘Nothing in this part shall be construed to negate or supersede

State law, or the legal authority under State law of any State

agency, State entity, or State public official, over programs that

are under the jurisdiction of the State agency, entity, or official.

‘‘SEC. 3127. CIVIL RIGHTS.

‘‘Nothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right.

‘‘SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

‘‘Notwithstanding any other provision of this part, programs

authorized under this part that serve Native American (including

Native American Pacific Islander) children and children in the

20 USC 6848.

20 USC 6847.

20 USC 6846.

20 USC 6845.

20 USC 6844.

115 STAT. 1706 PUBLIC LAW 107–110—JAN. 8, 2002

Commonwealth of Puerto Rico may include programs of instruction,

teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying

Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children

shall be increased English proficiency among such children.

‘‘SEC. 3129. PROHIBITION.

‘‘In carrying out this part, the Secretary shall neither mandate

nor preclude the use of a particular curricular or pedagogical

approach to educating limited English proficient children.

‘‘Subpart 3—National Activities

‘‘SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

‘‘The Secretary shall use funds made available under section

3111(c)(1)(C) to award grants on a competitive basis, for a period

of not more than 5 years, to institutions of higher education (in

consortia with State educational agencies or local educational agencies) to provide for professional development activities that will

improve classroom instruction for limited English proficient children

and assist educational personnel working with such children to

meet high professional standards, including standards for certification and licensure as teachers who work in language instruction

educational programs or serve limited English proficient children.

Grants awarded under this subsection may be used— ‘‘(1) for preservice professional development programs that

will assist local schools and institutions of higher education

to upgrade the qualifications and skills of educational personnel

who are not certified or licensed, especially educational paraprofessionals; ‘‘(2) for the development of curricula appropriate to the

needs of the consortia participants involved; and ‘‘(3) in conjunction with other Federal need-based student

financial assistance programs, for financial assistance, and costs

related to tuition, fees, and books for enrolling in courses

required to complete the degree involved, to meet certification

or licensing requirements for teachers who work in language

instruction educational programs or serve limited English proficient children.

‘‘Subpart 4—Definitions

‘‘SEC. 3141. ELIGIBLE ENTITY.

‘‘In this part, the term ‘eligible entity’ means— ‘‘(1) one or more local educational agencies; or

‘‘(2) one or more local educational agencies, in collaboration

with an institution of higher education, community-based

organization, or State educational agency.

‘‘PART B—IMPROVING LANGUAGE

INSTRUCTION EDUCATIONAL PROGRAMS

‘‘SEC. 3201. SHORT TITLE.

‘‘This part may be cited as the ‘Improving Language Instruction

Educational Programs For Academic Achievement Act’.

Improving

Language

Instruction

Educational

Programs For

Academic

Achievement Act.

Children, youth

and families.

Native

Americans.

Grants

20 USC 6891.

20 USC 6871.

20 USC 6861.

20 USC 6849.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1707

‘‘SEC. 3202. PURPOSE.

‘‘The purpose of this part is to help ensure that limited English

proficient children master English and meet the same rigorous

standards for academic achievement as all children are expected

to meet, including meeting challenging State academic content and

student academic achievement standards by—

‘‘(1) promoting systemic improvement and reform of, and

developing accountability systems for, educational programs

serving limited English proficient children;

‘‘(2) developing language skills and multicultural understanding;

‘‘(3) developing the English proficiency of limited English

proficient children and, to the extent possible, the native language skills of such children;

‘‘(4) providing similar assistance to Native Americans with

certain modifications relative to the unique status of Native

American languages under Federal law;

‘‘(5) developing data collection and dissemination, research,

materials, and technical assistance that are focused on school

improvement for limited English proficient children; and

‘‘(6) developing programs that strengthen and improve the

professional training of educational personnel who work with

limited English proficient children.

‘‘SEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL.

‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary schools,

secondary schools, and postsecondary schools operated predominately for Native American (including Alaska Native) children and

youth, an Indian tribe, a tribally sanctioned educational authority,

a Native Hawaiian or Native American Pacific Islander native

language education organization, or an elementary school or secondary school that is operated or funded by the Bureau of Indian

Affairs shall be considered to be a local educational agency.

‘‘(b) APPLICATION.—Notwithstanding any other provision of this

part, each tribe, authority, organization, or school described in

subsection (a) shall submit any application for assistance under

this part directly to the Secretary along with timely comments

on the need for the program proposed in the application.

‘‘SEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES.

‘‘For the purpose of carrying out programs under this part

in the outlying areas, the term ‘local educational agency’ includes

public institutions or agencies whose mission is the preservation

and maintenance of native languages.

‘‘Subpart 1—Program Development and

Enhancement

‘‘SEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION

EDUCATIONAL PROGRAMS.

‘‘The purpose of this subpart is to assist local educational

agencies, institutions of higher education, and community-based

organizations, through the grants authorized under sections 3212

and 3213—

20 USC 6911.

20 USC 6894.

20 USC 6893.

20 USC 6892.

115 STAT. 1708 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) to develop and enhance their capacity to provide highquality instruction through language instruction educational

programs or special alternative instruction programs to limited

English proficient children; and

‘‘(2) to help such children—

‘‘(A) develop English proficiency and, to the extent

possible, proficiency in their native language; and

‘‘(B) meet the same challenging State academic content

and student academic achievement standards as all children are expected to meet under section 1111(b)(1).

‘‘SEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES.

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) AUTHORITY.—

‘‘(A) IN GENERAL.—The Secretary is authorized to

award grants to eligible entities having applications

approved under section 3214 to enable such entities to

provide innovative, locally designed, high-quality instruction to limited English proficient children, by expanding,

developing, or strengthening language instruction educational programs or special alternative instruction programs.

‘‘(B) PERIOD.—Each grant awarded under this section

shall be awarded for a period of 3 years.

‘‘(2) AUTHORIZED ACTIVITIES.—

‘‘(A) MANDATORY ACTIVITIES.—Grants awarded under

this section shall be used for—

‘‘(i) developing, implementing, expanding, or

enhancing comprehensive preschool, elementary, or

secondary education programs for limited English proficient children, that are—

‘‘(I) aligned with State and local academic content and student academic achievement standards,

and local school reform efforts; and

‘‘(II) coordinated with related academic services for children;

‘‘(ii) providing high-quality professional development to classroom teachers, administrators, and other

school or community-based organization personnel to

improve the instruction and assessment of limited

English proficient children; and

‘‘(iii) annually assessing the English proficiency

of all limited English proficient children served by

activities carried out under this section.

‘‘(B) PERMISSIBLE ACTIVITIES.—Grants awarded under

this section may be used for—

‘‘(i) implementing programs to upgrade the reading

and other academic skills of limited English proficient

children;

‘‘(ii) developing accountability systems to monitor

the academic progress of limited English proficient and

formerly limited English proficient children;

‘‘(iii) implementing family education programs and

parent outreach and training activities designed to

assist parents to become active participants in the

education of their children;

20 USC 6912.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1709

‘‘(iv) improving the instruction programs for limited English proficient children by identifying,

acquiring, and applying effective curricula, instruction

materials (including materials provided through technology), and assessments that are all aligned with

State and local standards;

‘‘(v) providing intensified instruction, including

tutorials and academic, or vocational and technical,

training, for limited English proficient children;

‘‘(vi) adapting best practice models for meeting

the needs of limited English proficient children;

‘‘(vii) assisting limited English proficient children

with disabilities;

‘‘(viii) implementing applied learning activities

such as service learning to enhance and support comprehensive elementary and secondary language

instruction educational programs;

‘‘(ix) acquiring or developing education technology

or instruction materials for limited English proficient

children, including materials in languages other than

English;

‘‘(x) participating in electronic networks for materials, training, and communication, and incorporating

information derived from such participation in curricula and programs; and

‘‘(xi) carrying out such other activities related to

the purpose of this part as the Secretary may approve.

‘‘(b) PRIORITY.—In awarding grants under this section, the Secretary may give priority to an entity that—

‘‘(1) serves a school district—

‘‘(A) that has a total district enrollment that is less

than 10,000 students; or

‘‘(B) with a large percentage or number of limited

English proficient children; and

‘‘(2) has limited or no experience in serving limited English

proficient children.

‘‘(c) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’

means—

‘‘(1) one or more local educational agencies;

‘‘(2) one or more local educational agencies in collaboration

with an institution of higher education, community-based

organization, or State educational agency; or

‘‘(3) a community-based organization or an institution of

higher education that has an application approved by the local

educational agency to participate in programs carried out under

this subpart by enhancing early childhood education or family

education programs or conducting instruction programs that

supplement the educational services provided by a local educational agency.

‘‘SEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES.

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) AUTHORITY.—The Secretary is authorized to award

grants to eligible entities having applications approved under

section 3214 to enable such entities to develop and implement

language instruction educational programs, and improve,

20 USC 6913.

115 STAT. 1710 PUBLIC LAW 107–110—JAN. 8, 2002

reform, or upgrade programs or operations that serve significant

percentages or numbers of limited English proficient children.

‘‘(2) MANDATORY ACTIVITIES.—Grants awarded under this

section shall be used for—

‘‘(A) improving instruction programs for limited

English proficient children by acquiring and upgrading curricula and related instruction materials;

‘‘(B) aligning the activities carried out under this section with State and local school reform efforts;

‘‘(C) providing training, aligned with State and local

standards, to school personnel and participating community-based organization personnel to improve the instruction and assessment of limited English proficient children;

‘‘(D) developing and implementing plans, coordinated

with plans for programs carried out under title II of the

Higher Education Act of 1965 (where applicable), and title

II of this Act (where applicable), to recruit teachers trained

to serve limited English proficient children;

‘‘(E) implementing culturally and linguistically appropriate family education programs, or parent outreach and

training activities, that are designed to assist parents of

limited English proficient children to become active participants in the education of their children;

‘‘(F) coordinating the activities carried out under this

section with other programs, such as programs carried

out under this title;

‘‘(G) providing services to meet the full range of the

educational needs of limited English proficient children;

‘‘(H) annually assessing the English proficiency of all

limited English proficient children served by the activities

carried out under this section; and

‘‘(I) developing or improving accountability systems to

monitor the academic progress of limited English proficient

children.

‘‘(3) PERMISSIBLE ACTIVITIES.—Grants awarded under this

section may be used for—

‘‘(A) implementing programs to upgrade reading and

other academic skills of limited English proficient children;

‘‘(B) developing and using educational technology to

improve learning, assessments, and accountability to meet

the needs of limited English proficient children;

‘‘(C) implementing scientifically based research programs to meet the needs of limited English proficient children;

‘‘(D) providing tutorials and academic, or vocational

and technical, training for limited English proficient children;

‘‘(E) developing and implementing State and local academic content and student academic achievement standards for learning English as a second language, as well

as for learning other languages;

‘‘(F) developing and implementing programs for limited

English proficient children to meet the needs of changing

populations of such children;

‘‘(G) implementing policies to ensure that limited

English proficient children have access to other education

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1711

programs (other than programs designed to address limited

English proficiency);

‘‘(H) assisting limited English proficient children with

disabilities;

‘‘(I) developing and implementing programs to help

children become proficient in English and other languages;

‘‘(J) acquiring or developing education technology or

instruction materials for limited English proficient children, including materials in languages other than English;

‘‘(K) participating in electronic networks for materials,

training, and communication and incorporating information

derived from such participation in curricula and programs;

and

‘‘(L) carrying out such other activities related to the

purpose of this part as the Secretary may approve.

‘‘(4) SPECIAL RULE.—

‘‘(A) PLANNING.—A recipient of a grant under this section, before carrying out activities under this section, shall

plan, train personnel, develop curricula, and acquire or

develop materials, but shall not use funds made available

under this section for planning purposes for more than

45 days.

‘‘(B) COMMENCEMENT OF ACTIVITIES.—The recipient

shall commence carrying out activities under this section

not later than the later of—

‘‘(i) the beginning of the first school year that

begins after the grant is received; or

‘‘(ii) 30 days after the date of receipt of the grant.

‘‘(b) AVAILABILITY OF APPROPRIATIONS.—

‘‘(1) RESERVATION OF FUNDS FOR CONTINUED PAYMENTS.—

‘‘(A) COVERED GRANT.—In this paragraph, the term

‘covered grant’ means a grant—

‘‘(i) that was awarded under section 7112, 7113,

7114, or 7115 (as such sections were in effect on the

day before the date of enactment of the No Child

Left Behind Act of 2001); and

‘‘(ii) for which the grant period has not ended.

‘‘(B) RESERVATION.—For any fiscal year that is part

of the grant period of a covered grant, the Secretary shall

reserve funds for the payments described in subparagraph

(C) from the amount appropriated for the fiscal year under

section 3001(a) and made available for carrying out this

section.

‘‘(C) PAYMENTS.—The Secretary shall continue to make

grant payments to each entity that received a covered

grant, in accordance with the terms of that grant, for

the duration of the grant period of the grant, to carry

out activities in accordance with the appropriate section

described in subparagraph (A)(i).

‘‘(2) AVAILABILITY.—Of the amount appropriated for a fiscal

year under section 3001(a) that is made available to carry

out this section, and that remains after the Secretary reserves

funds for payments under paragraph (1)—

‘‘(A) not less than one-third of the remainder shall

be used to award grants to eligible entities for activities

carried out within an entire school district; and

115 STAT. 1712 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) not less than two-thirds of the remainder shall

be used to award grants to eligible entities for activities

carried out within individual schools.

‘‘(c) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an applicant that—

‘‘(1) experiences a significant increase in the number or

percentage of limited English proficient children enrolled in

the applicant’s programs and has limited or no experience

in serving limited English proficient children;

‘‘(2) is a local educational agency that serves a school

district that has a total district enrollment that is less than

10,000 students;

‘‘(3) demonstrates that the applicant has a proven track

record of success in helping limited English proficient children

learn English and meet high academic standards; or

‘‘(4) serves a school district with a large number or percentage of limited English proficient children.

‘‘(d) ELIGIBLE ENTITIES.—In this section, the term ‘eligible

entity’ means—

‘‘(1) one or more local educational agencies; or

‘‘(2) one or more local educational agencies, in collaboration

with an institution of higher education, community-based

organization, or State educational agency.

‘‘SEC. 3214. APPLICATIONS.

‘‘(a) IN GENERAL.—

‘‘(1) SECRETARY.—To receive a grant under this subpart,

an eligible entity described in section 3212 or 3213 shall submit

an application to the Secretary at such time, in such form,

and containing such information as the Secretary may require.

‘‘(2) STATE EDUCATIONAL AGENCY.—The eligible entity, with

the exception of schools funded by the Bureau of Indian Affairs,

shall submit a copy of the application submitted by the entity

under this section to the State educational agency.

‘‘(b) STATE REVIEW AND COMMENTS.—

‘‘(1) DEADLINE.—The State educational agency, not later

than 45 days after receipt of an application under this section,

shall review the application and submit the written comments

of the agency regarding the application to the Secretary.

‘‘(2) COMMENTS.—

‘‘(A) SUBMISSION OF COMMENTS.—Regarding applications submitted under this subpart, the State educational

agency shall—

‘‘(i) submit to the Secretary written comments

regarding all such applications; and

‘‘(ii) submit to each eligible entity the comments

that pertain to such entity.

‘‘(B) SUBJECT.—For purposes of this subpart, such comments shall address—

‘‘(i) how the activities to be carried out under the

grant will further the academic achievement and

English proficiency of limited English proficient children served under the grant; and

‘‘(ii) how the grant application is consistent with

the State plan required under section 1111.

Records.

20 USC 6914.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1713

‘‘(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity may

submit to the Secretary comments that address the comments submitted by the State educational agency.

‘‘(d) COMMENT CONSIDERATION.—In making grants under this

subpart, the Secretary shall take into consideration comments made

by State educational agencies.

‘‘(e) WAIVER.—Notwithstanding subsection (b), the Secretary

is authorized to waive the review requirement specified in subsection (b) if a State educational agency can demonstrate that

such review requirement may impede such agency’s ability to fulfill

the requirements of participation in the program authorized in

section 3224, particularly such agency’s ability to carry out data

collection efforts and such agency’s ability to provide technical

assistance to local educational agencies not receiving funds under

this subpart.

‘‘(f) REQUIRED DOCUMENTATION.—Such application shall include

documentation that—

‘‘(1) the applicant has the qualified personnel required to

develop, administer, and implement the program proposed in

the application; and

‘‘(2) the leadership personnel of each school participating

in the program have been involved in the development and

planning of the program in the school.

‘‘(g) CONTENTS.—

‘‘(1) IN GENERAL.—An application for a grant under this

subpart shall contain the following:

‘‘(A) A description of the need for the proposed program,

including—

‘‘(i) data on the number of limited English proficient children in the school or school district to be

served;

‘‘(ii) information on the characteristics of the children, including—

‘‘(I) the native languages of the children;

‘‘(II) the proficiency of the children in English

and their native language;

‘‘(III) achievement data (current as of the date

of submission of the application) for the limited

English proficient children in—

‘‘(aa) reading or language arts (in English

and in the native language, if applicable); and

‘‘(bb) mathematics;

‘‘(IV) a comparison of that data for the children

with that data for the English proficient peers

of the children; and

‘‘(V) the previous schooling experiences of the

children;

‘‘(iii) the professional development needs of the

instruction personnel who will provide services for the

limited English proficient children under the proposed

program; and

‘‘(iv) how the services provided through the grant

will supplement the basic services provided to limited

English proficient children.

‘‘(B) A description of the program to be implemented

and how such program’s design—

115 STAT. 1714 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(i) relates to the linguistic and academic needs

of the limited English proficient children to be served;

‘‘(ii) will ensure that the services provided through

the program will supplement the basic services the

applicant provides to limited English proficient children;

‘‘(iii) will ensure that the program is coordinated

with other programs under this Act and other Acts;

‘‘(iv) involves the parents of the limited English

proficient children to be served;

‘‘(v) ensures accountability in achieving high academic standards; and

‘‘(vi) promotes coordination of services for the limited English proficient children to be served and their

families.

‘‘(C) A description, if appropriate, of the applicant’s

collaborative activities with institutions of higher education, community-based organizations, local educational

agencies or State educational agencies, private schools, nonprofit organizations, or businesses in carrying out the proposed program.

‘‘(D) An assurance that the applicant will not reduce

the level of State and local funds that the applicant expends

for language instruction educational programs or special

alternative instruction programs if the applicant receives

an award under this subpart.

‘‘(E) An assurance that the applicant will employ

teachers in the proposed program who, individually or in

combination, are proficient in—

‘‘(i) English, with respect to written, as well as

oral, communication skills; and

‘‘(ii) the native language of the majority of the

children who the teachers teach, if instruction in the

program is in the native language as well as English.

‘‘(F) A budget for the grant funds.

‘‘(2) ADDITIONAL INFORMATION.—Each application for a

grant under section 3213 shall—

‘‘(A) describe—

‘‘(i) current services (as of the date of submission

of the application) the applicant provides to limited

English proficient children;

‘‘(ii) what services limited English proficient children will receive under the grant that such children

will not otherwise receive;

‘‘(iii) how funds received under this subpart will

be integrated with all other Federal, State, local, and

private resources that may be used to serve limited

English proficient children;

‘‘(iv) specific achievement and school retention

goals for the children to be served by the proposed

program and how progress toward achieving such goals

will be measured; and

‘‘(v) the current family education programs (as of

the date of submission of the application) of the eligible

entity, if applicable; and

‘‘(B) provide assurances that—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1715

‘‘(i) the program funded with the grant will be

integrated with the overall educational program of the

children served through the proposed program; and

‘‘(ii) the application has been developed in consultation with parents and other representatives of the children to be served in such program.

‘‘(h) APPROVAL OF APPLICATIONS.—An application for a grant

under this subpart may be approved only if the Secretary determines that—

‘‘(1) the program proposed in the application will use qualified personnel, including personnel who are proficient in the

language or languages used for instruction;

‘‘(2) in designing the program, the eligible entity has, after

consultation with appropriate private school officials—

‘‘(A) taken into account the needs of children in nonprofit private elementary schools and secondary schools;

and

‘‘(B) in a manner consistent with the number of such

children enrolled in such schools in the area to be served,

whose educational needs are of the type and whose language, and grade levels are of a similar type to the needs,

language, and grade levels that the program is intended

to address, provided for the participation of such children

on a basis comparable to the basis on which public school

children participate;

‘‘(3)(A) student evaluation and assessment procedures in

the program are valid and reliable for limited English proficient

children; and

‘‘(B) limited English proficient children with disabilities

will be identified and served through the program in accordance

with the requirements of the Individuals with Disabilities Education Act;

‘‘(4) Federal funds made available for the program will

be used to supplement the State and local funds that, in the

absence of such Federal funds, would be expended for special

programs for children of limited English proficient individuals,

and in no case to supplant such State and local funds, except

that nothing in this paragraph shall be construed to preclude

a local educational agency from using funds made available

under this subpart—

‘‘(A) for activities carried out under an order of a Federal or State court respecting services to be provided to

such children; or

‘‘(B) to carry out a plan approved by the Secretary

as adequate under title VI of the Civil Rights Act of 1964

with respect to services to be provided to such children;

‘‘(5)(A) the assistance provided through the grant will contribute toward building the capacity of the eligible entity to

provide a program on a regular basis, similar to the proposed

program, that will be of sufficient size, scope, and quality

to promise significant improvement in the education of limited

English proficient children; and

‘‘(B) the eligible entity will have the resources and commitment to continue the program of sufficient size, scope, and

quality when assistance under this subpart is reduced or no

longer available; and

115 STAT. 1716 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(6) the eligible entity will use State and national dissemination sources for program design and dissemination of results

and products.

‘‘(i) CONSIDERATION.—In determining whether to approve an

application under this subpart, the Secretary shall give consideration to—

‘‘(1) the degree to which the program for which assistance

is sought involves the collaborative efforts of institutions of

higher education, community-based organizations, the appropriate local educational agency and State educational agency,

or businesses; and ‘‘(2) whether the application provides for training for personnel participating in, or preparing to participate in, a program that will assist such personnel in meeting State and

local certification requirements.

‘‘SEC. 3215. CAPACITY BUILDING.

‘‘Each recipient of a grant under this subpart shall use the

grant in ways that will build such recipient’s capacity to continue

to offer high-quality language instruction educational programs and

special alternative instruction programs to limited English proficient children after Federal assistance is reduced or eliminated.

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

‘‘Notwithstanding any other provision of this part, programs

authorized under this subpart that serve Native American

(including Native American Pacific Islander) children and children

in the Commonwealth of Puerto Rico may include programs of

instruction, teacher training, curriculum development, evaluation,

and assessment designed for Native American children learning

and studying Native American languages and children of limited

Spanish proficiency, except that an outcome of programs serving

such children shall be increased English proficiency among such

children.

‘‘SEC. 3217. EVALUATIONS.

‘‘(a) EVALUATION.—Each recipient of funds under this subpart

for a program shall annually conduct an evaluation of the program

and submit to the Secretary a report concerning the evaluation,

in the form prescribed by the Secretary.

‘‘(b) USE OF EVALUATION.—Such evaluation shall be used by

the grant recipient—

‘‘(1) for program improvement;

‘‘(2) to further define the program’s goals and objectives;

and

‘‘(3) to determine program effectiveness.

‘‘(c) EVALUATION REPORT COMPONENTS.—In preparing the

evaluation reports, the recipient shall—

‘‘(1) use the data provided in the application submitted

by the recipient under section 3214 as baseline data against

which to report academic achievement and gains in English

proficiency for children in the program; ‘‘(2) disaggregate the results of the evaluation by gender,

native languages spoken by children, socioeconomic status, and

whether the children have disabilities;

‘‘(3) include data on the progress of the recipient in

achieving the objectives of the program, including data demonstrating the extent to which children served by the program

Reports.

20 USC 6917.

20 USC 6916.

20 USC 6915.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1717

are meeting the challenging State academic content and student

academic achievement standards, and including data comparing

limited English proficient children with English proficient children with regard to school retention and academic achievement

concerning—

‘‘(A) reading and language arts;

‘‘(B) English proficiency;

‘‘(C) mathematics; and

‘‘(D) the native language of the children, if the program

develops native language proficiency;

‘‘(4) include information on the extent that professional

development activities carried out through the program have

resulted in improved classroom practices and improved student

academic achievement;

lude a description of how the activities carried out through

the program are coordinated and integrated with the other

Federal, State, or local programs serving limited English proficient children; and

‘‘(6) include such other information as the Secretary may

require.

‘‘SEC. 3218. CONSTRUCTION.

‘‘Nothing in this subpart shall be construed to prohibit a local

educational agency from serving limited English proficient children

simultaneously with children with similar educational needs, in

the same educational settings where appropriate.

‘‘Subpart 2—Research, Evaluation, and

Dissemination

‘‘SEC. 3221. AUTHORITY.

‘‘(a) IN GENERAL.—The Secretary is authorized to conduct data

collection, dissemination, research, and ongoing program evaluation

activities in accordance with the provisions of this subpart for

the purpose of improving language instruction educational programs

and special alternative instruction programs for limited English

proficient children.

‘‘(b) COMPETITIVE AWARDS.—Research and program evaluation

activities carried out under this subpart shall be supported through

competitive grants, contracts, and cooperative agreements awarded

to institutions of higher education, nonprofit organizations, State

educational agencies, and local educational agencies.

‘‘(c) ADMINISTRATION.—The Secretary shall conduct data collection, dissemination, and ongoing program evaluation activities

authorized by this subpart through the Office of English Language

Acquisition, Language Enhancement, and Academic Achievement

for Limited English Proficient Students.

‘‘SEC. 3222. RESEARCH.

‘‘(a) ADMINISTRATION.—The Secretary shall conduct research

activities authorized by this subpart through the Office of Educational Research and Improvement in coordination and collaboration with the Office of English Language Acquisition, Language

Enhancement, and Academic Achievement for Limited English Proficient Students.

‘‘(b) REQUIREMENTS.—Such research activities—

20 USC 6932.

20 USC 6931.

20 USC 6918.

115 STAT. 1718 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) shall have a practical application to teachers, counselors, paraprofessionals, school administrators, parents, and

others involved in improving the education of limited English

proficient children and their families;

‘‘(2) may include research on effective instruction practices

for multilingual classes, and on effective instruction strategies

to be used by a teacher or other staff member who does not

know the native language of a limited English proficient child

in the teacher’s or staff member’s classroom;

‘‘(3) may include establishing (through the National Center

for Education Statistics in consultation with experts in second

language acquisition and scientifically based research on

teaching limited English proficient children) a common definition of ‘limited English proficient child’ for purposes of national

data collection; and

‘‘(4) shall be administered by individuals with expertise

in second language acquisition, scientifically based research

on teaching limited English proficient children, and the needs

of limited English proficient children and their families.

‘‘(c) FIELD-INITIATED RESEARCH.—

‘‘(1) IN GENERAL.—The Secretary shall reserve not less

than 5 percent of the funds made available to carry out this

section for field-initiated research conducted by recipients of

grants under subpart 1 or this subpart who have received

such grants within the previous 5 years. Such research may

provide for longitudinal studies of limited English proficient

children or teachers who serve such children, monitoring the

education of such children from entry into language instruction

educational programs through secondary school completion.

‘‘(2) APPLICATIONS.—An applicant for assistance under this

subsection may submit an application for such assistance to

the Secretary at the same time as the applicant submits another

application under subpart 1 or this subpart. The Secretary

shall complete a review of such applications on a timely basis

to allow the activities carried out under research and program

grants to be coordinated when recipients are awarded two

or more of such grants.

‘‘(d) CONSULTATION.—The Secretary shall consult with agencies,

organizations, and individuals that are engaged in research and

practice on the education of limited English proficient children,

language instruction educational programs, or related research, to

identify areas of study and activities to be funded under this section.

‘‘(e) DATA COLLECTION.—The Secretary shall provide for the

collection of data on limited English proficient children as part

of the data systems operated by the Department.

‘‘SEC. 3223. ACADEMIC EXCELLENCE AWARDS.

‘‘(a) AUTHORITY.—The Secretary may make grants to State

educational agencies to assist the agencies in recognizing local

educational agencies and other public and nonprofit entities whose

programs have—

‘‘(1) demonstrated significant progress in assisting limited

English proficient children to learn English according to age

appropriate and developmentally appropriate standards; and

‘‘(2) demonstrated significant progress in assisting limited

English proficient children to meet, according to age appropriate

20 USC 6933.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1719

and developmentally appropriate standards, the same challenging State academic content and student academic achievement standards as all children are expected to meet.

‘‘(b) APPLICATIONS.—A State educational agency desiring a

grant under this section shall include an application for such grant

in the application submitted by the agency under section 3224(e).

‘‘SEC. 3224. STATE GRANT PROGRAM.

‘‘(a) STATE GRANT PROGRAM.—The Secretary is authorized to

make an award to a State educational agency that demonstrates,

to the satisfaction of the Secretary, that such agency, through

such agency’s programs and other Federal education programs,

effectively provides for the education of limited English proficient

children within the State.

‘‘(b) PAYMENTS.—The amount paid to a State educational agency

under subsection (a) shall not exceed 5 percent of the total amount

awarded to local educational agencies and entities within the State

under subpart 1 for the previous fiscal year, except that in no

case shall the amount paid by the Secretary to any State educational

agency under this subsection for any fiscal year be less than

$100,000.

‘‘(c) USE OF FUNDS.—

‘‘(1) IN GENERAL.—A State educational agency shall use

funds awarded under this section—

‘‘(A) to assist local educational agencies in the State

with activities that—

‘‘(i) consist of program design, capacity building,

assessment of student academic achievement, program

evaluation, and development of data collection and

accountability systems for limited English proficient

children; and

‘‘(ii) are aligned with State reform efforts; and

‘‘(B) to collect data on the State’s limited English proficient populations and document the services available

to all such populations.

‘‘(2) TRAINING.—The State educational agency may also

use funds provided under this section for the training of State

educational agency personnel in educational issues affecting

limited English proficient children.

‘‘(3) SPECIAL RULE.—Recipients of funds under this section

shall not restrict the provision of services under this section

to federally funded programs.

‘‘(d) STATE CONSULTATION.—A State educational agency

receiving funds under this section shall consult with recipients

of grants under this subpart and other individuals or organizations

involved in the development or operation of programs serving limited English proficient children to ensure that such funds are used

in a manner consistent with the requirements of this subpart.

‘‘(e) APPLICATIONS.—A State educational agency desiring to

receive funds under this section shall submit an application to

the Secretary at such time, in such form, and containing such

information and assurances as the Secretary may require.

‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this section for any fiscal year shall be used by the

State educational agency to supplement and, to the extent practical,

to increase the State funds that, in the absence of such Federal

20 USC 6934.

115 STAT. 1720 PUBLIC LAW 107–110—JAN. 8, 2002

funds, would be made available for the purposes described in this

section, and in no case to supplant such State funds.

‘‘(g) REPORT TO THE SECRETARY.—A State educational agency

receiving an award under this section shall provide for the annual

submission of a summary report to the Secretary describing such

State’s use of the funds made available through the award.

‘‘SEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary may make grants for the

development, publication, and dissemination of high-quality instruction materials— ‘‘(1) in Native American languages (including Native

Hawaiian languages and the language of Native American

Pacific Islanders), and the language of natives of the outlying

areas, for which instruction materials are not readily available;

and ‘‘(2) in other low-incidence languages in the United States

for which instruction materials are not readily available.

‘‘(b) PRIORITY.—In making the grants, the Secretary shall give

priority to applicants for the grants who propose—

‘‘(1) to develop instruction materials in languages indigenous to the United States or the outlying areas; and

‘‘(2) to develop and evaluate materials, in collaboration

with entities carrying out activities assisted under subpart

1 and this subpart, that are consistent with challenging State

academic content and student academic achievement standards.

‘‘Subpart 3—Professional Development

‘‘SEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS.

‘‘(a) PURPOSE.—The purpose of this section is to provide assistance to prepare educators to improve educational services for limited

English proficient children by—

‘‘(1) supporting professional development programs and

activities to prepare teachers, pupil service personnel, administrators, and other educational personnel working in language

instruction educational programs to provide effective services

to limited English proficient children;

‘‘(2) incorporating curricula and resources concerning

appropriate and effective instruction and assessment methodologies specific to limited English proficient children into

preservice and inservice professional development programs;

‘‘(3) upgrading the qualifications and skills of non-certified

educational personnel, including paraprofessionals, to enable

such personnel to meet high professional standards for educating limited English proficient children;

‘‘(4) improving the quality of professional development programs in schools or departments of education at institutions

of higher education, for educational personnel serving, or preparing to serve, limited English proficient children; and

‘‘(5) supporting the recruitment and training of prospective

educational personnel to serve limited English proficient children by providing fellowships for undergraduate, graduate, doctoral, and post-doctoral study related to the instruction of such

children.

‘‘(b) AUTHORIZATION.—

20 USC 6951.

20 USC 6935.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1721

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants under this section to—

‘‘(A) State educational agencies;

‘‘(B) local educational agencies;

‘‘(C) institutions of higher education; or

‘‘(D) consortia of one or more local educational agencies,

State educational agencies, institutions of higher education,

for-profit organizations, or nonprofit organizations.

‘‘(2) DURATION.—Each grant awarded under this section

shall be awarded for a period of not more than 4 years.

‘‘(c) AUTHORIZED ACTIVITIES.—Grants awarded under this section shall be used to conduct high-quality professional development

programs and effective activities to improve the quality of instruction and services provided to limited English proficient children,

including—

‘‘(1) implementing preservice and inservice professional

development programs for teachers who serve limited English

proficient children, administrators, and other educational personnel who are preparing to provide educational services for

limited English proficient children, including professional

development programs that assist limited English proficient

children to attain English proficiency;

‘‘(2) implementing school-based collaborative efforts among

teachers to improve instruction in core academic subjects, especially reading, for limited English proficient children;

‘‘(3) developing and implementing programs to assist beginning teachers who serve limited English proficient children

with transitioning to the teaching profession, including programs that provide mentoring and team teaching with trained

and experienced teachers;

‘‘(4) implementing programs that support effective teacher

use of education technologies to improve instruction and assessment;

‘‘(5) developing curricular materials and assessments for

teachers that are appropriate to the needs of limited English

proficient children, and that are aligned with challenging State

academic content and student academic achievement standards,

including materials and assessments that ensure limited

English proficient children attain English proficiency;

‘‘(6) integrating and coordinating activities with entities

carrying out other programs consistent with the purpose of

this section and supported under this Act, or other Acts as

appropriate;

‘‘(7) developing and implementing career ladder programs

to upgrade the qualifications and skills of non-certified educational personnel working in, or preparing to work in, language

instruction educational programs to enable such personnel to

meet high professional standards, including standards for certification and licensure as teachers;

‘‘(8) developing and implementing activities to help recruit

and train secondary school students as teachers who serve

limited English proficient children;

‘‘(9) providing fellowships and assistance for costs related

to enrollment in a course of study at an institution of higher

education that addresses the instruction of limited English

proficient children in such areas as teacher training, program

115 STAT. 1722 PUBLIC LAW 107–110—JAN. 8, 2002

administration, research, evaluation, and curriculum development, and for the support of dissertation research related to

such study, except that any person receiving such a fellowship

or assistance shall agree to—

‘‘(A) work in an activity related to improving the educational services for limited English proficient children

authorized under this subpart, including work as a teacher

that serves limited English proficient children, for a period

of time equivalent to the period of time during which

such person receives assistance under this paragraph; or

‘‘(B) repay such assistance; and

‘‘(10) carrying out such other activities as are consistent

with the purpose of this section.

‘‘(d) APPLICATION.— ‘‘(1) IN GENERAL.—Each eligible entity desiring a grant

under this section shall submit an application to the Secretary

at such time, in such form, and containing such information

as the Secretary may require. ‘‘(2) CONTENTS.—Each application shall—

‘‘(A) describe the programs and activities proposed to

be developed, implemented, and administered under the

award;

‘‘(B) describe how the applicant has consulted with,

and assessed the needs of, public and private schools

serving limited English proficient children to determine

such schools’ need for, and the design of, the program

for which funds are sought; and

‘‘(C) describe how the programs and activities to be

carried out under the award will be used to ensure that

limited English proficient children meet challenging State

academic content and student academic achievement standards and attain English proficiency.

‘‘(3) SPECIAL RULE.—An eligible entity that proposes to

conduct a master’s-level or doctoral-level program with funds

received under this section shall include in the entity’s application an assurance that such program will include a training

practicum in a local elementary school or secondary school

program serving limited English proficient children.

‘‘(4) OUTREACH AND TECHNICAL ASSISTANCE.—The Secretary

shall provide for outreach and technical assistance to institutions of higher education eligible for assistance under title

III of the Higher Education Act of 1965, and institutions of

higher education that are operated or funded by the Bureau

of Indian Affairs, to facilitate the participation of such institutions in programs and activities under this section.

‘‘(5) DISTRIBUTION RULE.—In making awards under this

section, the Secretary shall ensure adequate representation

of Hispanic-serving institutions that demonstrate competence

and experience in carrying out the programs and activities

authorized under this section and that are otherwise qualified.

‘‘(e) PRIORITIES IN AWARDING GRANTS.— ‘‘(1) GRANTS TO AGENCIES.—In awarding grants to State

educational agencies and local educational agencies under this

section, the Secretary shall give priority to agencies that propose programs and activities designed to implement professional development programs for teachers and educational personnel who are providing or preparing to provide educational

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1723

services for limited English proficient children, including services provided through language instruction educational programs, that ensure such children attain English proficiency

and meet challenging State academic content and student academic achievement standards.

‘‘(2) GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.—In

awarding grants to institutions of higher education under this

section, the Secretary shall give priority to institutions that

propose programs and activities to recruit and upgrade the

qualifications and skills of certified and non-certified educational personnel by offering degree programs that prepare

beginning teachers to serve limited English proficient children.

‘‘(f) PROGRAM EVALUATIONS.—Each recipient of an award under

this section for a program or activity shall annually conduct an

independent evaluation of the program or activity and submit to

the Secretary a report containing such evaluation. Such report

shall include information on—

‘‘(1) the program or activity conducted by the recipient

to provide high-quality professional development to participants

in such program or activity;

‘‘(2) the number of participants served through the program

or activity, the number of participants who completed the

requirements of the program or activity, and the number of

participants who took positions in an instruction setting with

limited English proficient children;

‘‘(3) the effectiveness of the program or activity in imparting

the professional skills necessary for participants to achieve

the objectives of the program or activity; and

‘‘(4) the teaching effectiveness of graduates of the program

or activity or other participants who have completed the program or activity.

‘‘Subpart 4—Emergency Immigrant Education

Program

‘‘SEC. 3241. PURPOSE.

‘‘The purpose of this subpart is to assist eligible local educational agencies that experience unexpectedly large increases in

their student population due to immigration—

‘‘(1) to provide high-quality instruction to immigrant children and youth; and

‘‘(2) to help such children and youth—

‘‘(A) with their transition into American society; and

‘‘(B) meet the same challenging State academic content

and student academic achievement standards as all children are expected to meet.

‘‘SEC. 3242. STATE ADMINISTRATIVE COSTS.

‘‘For any fiscal year, a State educational agency may reserve

not more than 1.5 percent (2 percent if the State educational agency

distributes funds received under this subpart to local educational

agencies on a competitive basis) of the amount allotted to such

agency under section 3244 to pay the costs of performing such

agency’s administrative functions under this subpart.

20 USC 6962.

20 USC 6961.

115 STAT. 1724 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 3243. WITHHOLDING.

‘‘Whenever the Secretary, after providing reasonable notice and

opportunity for a hearing to any State educational agency, finds

that there is a failure to comply with a requirement of any provision

of this subpart, the Secretary shall notify that agency that further

payments will not be made to the agency under this subpart or,

in the discretion of the Secretary, that the State educational agency

shall not make further payments under this subpart to specified

local educational agencies whose actions cause or are involved in

such failure until the Secretary is satisfied that there is no longer

any such failure to comply. Until the Secretary is so satisfied,

no further payments shall be made to the State educational agency

under this subpart, or payments by the State educational agency

under this subpart shall be limited to local educational agencies

whose actions did not cause or were not involved in the failure,

as the case may be.

‘‘SEC. 3244. STATE ALLOTMENTS.

‘‘(a) PAYMENTS.—The Secretary shall, in accordance with the

provisions of this section, make payments to State educational

agencies for each of the fiscal years 2002 through 2008 for the

purpose set forth in section 3241.

‘‘(b) ALLOTMENTS.—

‘‘(1) IN GENERAL.—Except as provided in subsections (c)

and (d), of the amount appropriated for each fiscal year for

this subpart, each State participating in the program assisted

under this subpart shall receive an allotment equal to the

proportion of the number of immigrant children and youth

who are enrolled in public elementary schools or secondary

schools under the jurisdiction of each local educational agency

described in paragraph (2), and in nonpublic elementary schools

or secondary schools within the district served by each such

local educational agency within such State, relative to the total

number of immigrant children and youth so enrolled in all

the States participating in the program assisted under this

subpart.

‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency referred to in paragraph (1) is a local educational agency for which the sum of the number of immigrant

children and youth who are enrolled in public elementary

schools or secondary schools under the jurisdiction of such

agency, and in nonpublic elementary schools or secondary

schools within the district served by such agency, during the

fiscal year for which the payments are to be made under

this subpart, is equal to at least—

‘‘(A) 500; or

‘‘(B) 3 percent of the total number of children enrolled

in such public or nonpublic schools during such fiscal year,

whichever is less.

‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN AND YOUTH.—

‘‘(1) IN GENERAL.—Determinations by the Secretary under

this section for any period with respect to the number of

immigrant children and youth shall be made on the basis

of data or estimates provided to the Secretary by each State

educational agency in accordance with criteria established by

the Secretary, unless the Secretary determines, after notice

20 USC 6964.

Notification.

20 USC 6963.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1725

and opportunity for a hearing to the affected State educational

agency, that such data or estimates are clearly erroneous. ‘‘(2) SPECIAL RULE.—No such determination with respect

to the number of immigrant children and youth shall operate

because of an underestimate or overestimate to deprive any

State educational agency of the allotment under this section

that such State would otherwise have received had such determination been made on the basis of accurate data.

‘‘(d) REALLOTMENT.— ‘‘(1) IN GENERAL.—Whenever the Secretary determines that

any amount of a payment made to a State under this subpart

for a fiscal year will not be used by such State for carrying

out the purpose for which the payment was made, the Secretary

shall make such amount available for carrying out such purpose

to one or more other States to the extent the Secretary determines that such other States will be able to use such additional

amount for carrying out such purpose. ‘‘(2) FISCAL YEAR.—Any amount made available to a State

from any appropriation for a fiscal year in accordance with

paragraph (1) shall, for purposes of this subpart, be regarded

as part of such State’s payment (as determined under subsection (b)) for such year, but shall remain available until

the end of the succeeding fiscal year.

‘‘(e) RESERVATION OF FUNDS.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of

this subpart, if the amount appropriated to carry out this

subpart exceeds $50,000,000 for a fiscal year, a State educational agency may reserve not more than 20 percent of such

agency’s payment under this subpart for such year to award

grants, on a competitive basis, to local educational agencies

within the State as follows:

‘‘(A) AGENCIES WITH IMMIGRANT CHILDREN AND

YOUTH.—At least 1⁄2 of the funds reserved under this paragraph shall be made available to eligible local educational

agencies (as described in subsection (b)(2)) within the State

with the highest numbers and percentages of immigrant

children and youth.

‘‘(B) AGENCIES WITH A SUDDEN INFLUX OF CHILDREN

AND YOUTH.—Funds reserved under this paragraph and

not made available under subparagraph (A) may be distributed to local educational agencies within the State that

are experiencing a sudden influx of immigrant children

and youth and that are otherwise not eligible for assistance

under this subpart.

‘‘(2) USE OF GRANT FUNDS.—Each local educational agency

receiving a grant under paragraph (1) shall use such grant

funds to carry out the activities described in section 3247.

‘‘(3) INFORMATION.—Local educational agencies receiving

funds under paragraph (1) with the highest number of

immigrant children and youth may make information available

on serving immigrant children and youth to local educational

agencies in the State with sparse numbers of such children

and youth.

‘‘SEC. 3245. STATE APPLICATIONS.

‘‘(a) SUBMISSION.—No State educational agency shall receive

any payment under this subpart for any fiscal year unless such

20 USC 6965.

115 STAT. 1726 PUBLIC LAW 107–110—JAN. 8, 2002

agency submits an application to the Secretary at such time, in

such manner, and containing or accompanied by such information,

as the Secretary may reasonably require. Each such application

shall—

‘‘(1) provide that the educational programs, services, and

activities for which payments under this subpart are made

will be administered by or under the supervision of the agency;

‘‘(2) provide assurances that payments under this subpart

will be used for purposes set forth in sections 3241 and 3247,

including a description of how local educational agencies

receiving funds under this subpart will use such funds to meet

such purposes and will coordinate with entities carrying out

other programs and activities assisted under this Act, and

other Acts as appropriate;

‘‘(3) provide an assurance that local educational agencies

receiving funds under this subpart will coordinate the use

of such funds with entities carrying out programs and activities

assisted under part A of title I;

‘‘(4) provide assurances that such payments, with the exception of payments reserved under section 3244(e), will be distributed among local educational agencies within that State on

the basis of the number of immigrant children and youth

counted with respect to each such local educational agency

under section 3244(b)(1);

‘‘(5) provide assurances that the State educational agency

will not finally disapprove in whole or in part any application

for funds received under this subpart without first affording

the local educational agency submitting an application for such

funds reasonable notice and opportunity for a hearing;

‘‘(6) provide for making such reports as the Secretary may

reasonably require to perform the Secretary’s functions under

this subpart;

‘‘(7) provide assurances—

‘‘(A) that to the extent consistent with the number

of immigrant children and youth enrolled in the nonpublic

elementary schools or secondary schools within the district

served by a local educational agency, such agency, after

consultation with appropriate officials of such schools, shall

provide for the benefit of such children and youth secular,

neutral, and nonideological services, materials, and equipment necessary for the education of such children and

youth;

‘‘(B) that the control of funds provided under this subpart for any materials or equipment, or property repaired,

remodeled, or constructed with those funds shall be in

a public agency for the uses and purpose provided in this

subpart, and a public agency shall administer such funds

and property; and

‘‘(C) that the provision of services pursuant to this

paragraph shall be provided by employees of a public

agency or through contract by such public agency with

a person, association, agency, or corporation who or which,

in the provision of such services, is independent of such

nonpublic elementary school or secondary school and of

any religious organization, and such employment or contract shall be under the control and supervision of such

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1727

public agency, and the funds provided under this paragraph

shall not be commingled with State or local funds;

‘‘(8) provide that funds reserved under section 3244(e) be

awarded on a competitive basis based on merit and need in

accordance with such section; and ‘‘(9) provide an assurance that the State educational agency

and local educational agencies in the State receiving funds

under this subpart will comply with the requirements of section

1120(b).

‘‘(b) APPLICATION REVIEW.— ‘‘(1) IN GENERAL.—The Secretary shall review all applications submitted pursuant to this section by State educational

agencies. ‘‘(2) APPROVAL.—The Secretary shall approve any application submitted by a State educational agency that meets the

requirements of this section. ‘‘(3) DISAPPROVAL.—The Secretary shall disapprove any

application submitted by a State educational agency that does

not meet the requirements of this section, but shall not finally

disapprove an application except after providing reasonable

notice, technical assistance, and an opportunity for a hearing

to the State educational agency.

‘‘SEC. 3246. ADMINISTRATIVE PROVISIONS.

‘‘(a) NOTIFICATION OF AMOUNT.—The Secretary, not later than

June 1 of each year, shall notify each State educational agency

that has an application approved under section 3245 of the amount

of such agency’s allotment under section 3244 for the succeeding

year.‘‘(b) SERVICES TO IMMIGRANT CHILDREN AND YOUTH ENROLLED

IN NONPUBLIC SCHOOLS.—If by reason of any provision of law

a local educational agency is prohibited from providing educational

services for immigrant children and youth enrolled in nonpublic

elementary schools and secondary schools, as required by section

3245(a)(7), or if the Secretary determines that a local educational

agency has substantially failed or is unwilling to provide for the

participation on an equitable basis of such children and youth

enrolled in such schools, the Secretary may waive such requirement

and shall arrange for the provision of services, subject to the

requirements of this subpart, to such children and youth. Such

waivers shall be subject to consultation, withholding, notice, and

judicial review requirements in accordance with the provisions of

title I.

‘‘SEC. 3247. USES OF FUNDS.

‘‘(a) USE OF FUNDS.—Funds awarded under this subpart shall

be used to pay for enhanced instructional opportunities for

immigrant children and youth, which may include— ‘‘(1) family literacy, parent outreach, and training activities

designed to assist parents to become active participants in

the education of their children;

‘‘(2) support of personnel, including teacher aides who have

been specifically trained, or are being trained, to provide services to immigrant children and youth;

‘‘(3) tutorials, mentoring, and academic or career counseling

for immigrant children and youth; ‘‘(4) identification and acquisition of curricular materials,

educational software, and technologies;

20 USC 6967.

Deadline.

20 USC 6966.

115 STAT. 1728 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(5) the provision of basic instruction services that are

directly attributable to the presence in the school district of

immigrant children and youth, including payment of costs of

providing additional classroom supplies, costs of transportation,

or such other costs as are directly attributable to such additional basic instruction services; and ‘‘(6) such other activities, related to the purpose of this

subpart, as the Secretary may authorize.

‘‘(b) CONSORTIA.—A local educational agency that receives a

grant under this subpart may collaborate or form a consortium

with one or more local educational agencies, institutions of higher

education, and nonprofit organizations to carry out a program

described in an application approved under this subpart. ‘‘(c) SUBGRANTS.—A local educational agency that receives a

grant under this subpart may, with the approval of the Secretary,

make a subgrant to, or enter into a contract with, an institution

of higher education, a nonprofit organization, or a consortium of

such institutions or organizations to carry out a program described

in an application approved under this subpart, including a program

to serve out-of-school youth. ‘‘(d) CONSTRUCTION.—Nothing in this subpart shall be construed

to prohibit a local educational agency from serving immigrant children and youth simultaneously with children and youth with similar

educational needs, in the same educational settings where appropriate.

‘‘SEC. 3248. REPORTS.

‘‘(a) BIENNIAL REPORT.—Each State educational agency

receiving funds under this subpart shall submit, once every 2 years,

a report to the Secretary concerning the expenditure of funds by

local educational agencies under this subpart. Each local educational agency receiving funds under this subpart shall submit

to the State educational agency such information as may be necessary for such report.

‘‘(b) REPORT TO CONGRESS.—The Secretary shall submit, once

every 2 years, a report to the appropriate committees of Congress

concerning programs assisted under this subpart.

‘‘Subpart 5—Administration

‘‘SEC. 3251. RELEASE TIME.

‘‘The Secretary shall allow entities carrying out professional

development programs funded under this part to use funds provided

under this part for professional release time to enable individuals

to participate in programs assisted under this part.

‘‘SEC. 3252. NOTIFICATION.

‘‘A State educational agency, and when applicable, the State

board for postsecondary education, shall be notified within 3

working days after the date an award under this part is made

to an eligible entity within the State.

‘‘SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS.

‘‘(a) COORDINATION WITH RELATED PROGRAMS.—In order to

maximize Federal efforts aimed at serving the educational needs

of children and youth of limited English proficiency, the Secretary

shall coordinate and ensure close cooperation with other programs

serving language-minority and limited English proficient children

20 USC 6983.

20 USC 6982.

20 USC 6981.

20 USC 6968.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1729

that are administered by the Department and other agencies. The

Secretary shall consult with the Secretary of Labor, the Secretary

of Health and Human Services, the Secretary of Agriculture, the

Attorney General, and the heads of other relevant agencies to

identify and eliminate barriers to appropriate coordination of programs that affect language-minority and limited English proficient

children and their families. The Secretary shall provide for continuing consultation and collaboration, between the Office of English

Language Acquisition, Language Enhancement, and Academic

Achievement for Limited English Proficient Students and relevant

programs operated by the Department, including programs under

this part and other programs under this Act, in planning, contracts,

providing joint technical assistance, providing joint field monitoring

activities and in other relevant activities to ensure effective program

coordination to provide high-quality educational opportunities to

all language-minority and limited English proficient children.

‘‘(b) DATA.—The Secretary shall, to the extent feasible, ensure

that all data collected by the Department shall include the collection

and reporting of data on limited English proficient children.

‘‘(c) PUBLICATION OF PROPOSALS.—The Secretary shall publish

and disseminate all requests for proposals for programs funded

under this part.

‘‘(d) REPORT.—The Director shall prepare and, not later than

February 1 of every other year, shall submit to the Secretary,

the Committee on Education and the Workforce of the House of

Representatives, and the Committee on Health, Education, Labor,

and Pensions of the Senate a report—

‘‘(1) on programs and activities carried out to serve limited

English proficient children under this part, and the effectiveness of such programs and activities in improving the academic

achievement and English proficiency of children who are limited

English proficient;

‘‘(2) containing a critical synthesis of data reported by

States under section 3224, when applicable;

‘‘(3) containing an estimate of the number of certified or

licensed teachers working in language instruction educational

programs and educating limited English proficient children,

and an estimate of the number of such teachers that will

be needed for the succeeding 5 fiscal years; ‘‘(4) containing the major findings of scientifically based

research carried out under this part; and ‘‘(5) containing other information gathered from the reports

submitted to the Secretary under this title when applicable.

‘‘PART C—GENERAL PROVISIONS

‘‘SEC. 3301. DEFINITIONS.

‘‘Except as otherwise provided, in this title:

‘‘(1) CHILD.—The term ‘child’ means any individual aged

3 through 21.

‘‘(2) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means a private nonprofit organization

of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides

educational or related services to individuals in the community.

20 USC 7011.

Deadline.

115 STAT. 1730 PUBLIC LAW 107–110—JAN. 8, 2002

Such term includes a Native Hawaiian or Native American

Pacific Islander native language educational organization. ‘‘(3) COMMUNITY COLLEGE.—The term ‘community college’

means an institution of higher education as defined in section

101 of the Higher Education Act of 1965 that provides not

less than a 2-year program that is acceptable for full credit

toward a bachelor’s degree, including institutions receiving

assistance under the Tribally Controlled College or University

Assistance Act of 1978. ‘‘(4) DIRECTOR.—The term ‘Director’ means the Director

of the Office of English Language Acquisition, Language

Enhancement, and Academic Achievement for Limited English

Proficient Students established under section 209 of the Department of Education Organization Act. ‘‘(5) FAMILY EDUCATION PROGRAM.—The term ‘family education program’ means a language instruction educational program or special alternative instruction program that— ‘‘(A) is designed— ‘‘(i) to help limited English proficient adults and

out-of-school youths achieve English proficiency; and ‘‘(ii) to provide instruction on how parents and

family members can facilitate the educational achievement of their children;

‘‘(B) when feasible, uses instructional programs based

on models developed under the Even Start Family Literacy

Programs, which promote adult literacy and train parents

to support the educational growth of their children, the

Parents as Teachers Program, and the Home Instruction

Program for Preschool Youngsters; and

‘‘(C) gives preference to participation by parents and

immediate family members of children attending school.

‘‘(6) IMMIGRANT CHILDREN AND YOUTH.—The term

‘immigrant children and youth’ means individuals who—

‘‘(A) are aged 3 through 21;

‘‘(B) were not born in any State; and

‘‘(C) have not been attending one or more schools in

any one or more States for more than 3 full academic

years.

‘‘(7) INDIAN TRIBE.—The term ‘Indian tribe’ means any

Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or

Village Corporation as defined in or established pursuant to

the Alaska Native Claims Settlement Act, that is recognized

as eligible for the special programs and services provided by

the United States to Indians because of their status as Indians.

‘‘(8) LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM.—The

term ‘language instruction educational program’ means an

instruction course—

‘‘(A) in which a limited English proficient child is placed

for the purpose of developing and attaining English proficiency, while meeting challenging State academic content

and student academic achievement standards, as required

by section 1111(b)(1); and

‘‘(B) that may make instructional use of both English

and a child’s native language to enable the child to develop

and attain English proficiency, and may include the participation of English proficient children if such course is

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1731

designed to enable all participating children to become

proficient in English and a second language.

‘‘(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—

The terms ‘Native American’ and ‘Native American language’ shall have the meanings given such terms in section 103 of

the Native American Languages Act. ‘‘(10) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC

ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The

term ‘Native Hawaiian or Native American Pacific Islander

native language educational organization’ means a nonprofit

organization with— ‘‘(A) a majority of its governing board and employees

consisting of fluent speakers of the traditional Native

American languages used in the organization’s educational

programs; and ‘‘(B) not less than 5 years successful experience in

providing educational services in traditional Native American languages.

‘‘(11) NATIVE LANGUAGE.—The term ‘native language’, when

used with reference to an individual of limited English proficiency, means—

‘‘(A) the language normally used by such individual;

or

‘‘(B) in the case of a child or youth, the language

normally used by the parents of the child or youth.

‘‘(12) PARAPROFESSIONAL.—The term ‘paraprofessional’

means an individual who is employed in a preschool, elementary

school, or secondary school under the supervision of a certified

or licensed teacher, including individuals employed in language

instruction educational programs, special education, and

migrant education.

‘‘(13) SPECIALLY QUALIFIED AGENCY.—The term ‘specially

qualified agency’ means an eligible entity, as defined in section

3141, in a State whose State educational agency—

‘‘(A) does not participate in a program under subpart

1 of part A for a fiscal year; or

‘‘(B) submits a plan (or any amendment to a plan)

that the Secretary, after reasonable notice and opportunity

for a hearing, determines does not satisfy the requirements

of such subpart.

‘‘(14) STATE.—The term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

‘‘(15) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.—The

term ‘tribally sanctioned educational authority’ means—

‘‘(A) any department or division of education operating

within the administrative structure of the duly constituted

governing body of an Indian tribe; and

‘‘(B) any nonprofit institution or organization that is—

‘‘(i) chartered by the governing body of an Indian

tribe to operate a school described in section 3112(a)

or otherwise to oversee the delivery of educational

services to members of the tribe; and

‘‘(ii) approved by the Secretary for the purpose

of carrying out programs under subpart 1 of part A

for individuals served by a school described in section

3112(a).

115 STAT. 1732 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 3302. PARENTAL NOTIFICATION.

‘‘(a) IN GENERAL.—Each eligible entity using funds provided

under this title to provide a language instruction educational program shall, not later than 30 days after the beginning of the

school year, inform a parent or the parents of a limited English

proficient child identified for participation in, or participating in,

such program of— ‘‘(1) the reasons for the identification of their child as

limited English proficient and in need of placement in a language instruction educational program; ‘‘(2) the child’s level of English proficiency, how such level

was assessed, and the status of the child’s academic achievement;‘‘(3) the method of instruction used in the program in

which their child is, or will be, participating, and the methods

of instruction used in other available programs, including how

such programs differ in content, instruction goals, and use

of English and a native language in instruction; ‘‘(4) how the program in which their child is, or will be

participating will meet the educational strengths and needs

of the child;

‘‘(5) how such program will specifically help their child

learn English, and meet age appropriate academic achievement

standards for grade promotion and graduation;

‘‘(6) the specific exit requirements for such program, the

expected rate of transition from such program into classrooms

that are not tailored for limited English proficient children,

and the expected rate of graduation from secondary school

for such program if funds under this title are used for children

in secondary schools;

‘‘(7) in the case of a child with a disability, how such

program meets the objectives of the individualized education

program of the child; and

‘‘(8) information pertaining to parental rights that includes

written guidance—

‘‘(A) detailing—

‘‘(i) the right that parents have to have their child

immediately removed from such program upon their

request; and

‘‘(ii) the options that parents have to decline to

enroll their child in such program or to choose another

program or method of instruction, if available; and

‘‘(B) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity.

‘‘(b) SEPARATE NOTIFICATION.—In addition to providing the

information required to be provided under subsection (a), each

eligible entity that is using funds provided under this title to

provide a language instruction educational program, and that has

failed to make progress on the annual measurable achievement

objectives described in section 3122 for any fiscal year for which

part A is in effect, shall separately inform a parent or the parents

of a child identified for participation in such program, or participating in such program, of such failure not later than 30 days

after such failure occurs.

‘‘(c) RECEIPT OF INFORMATION.—The information required to

be provided under subsections (a) and (b) to a parent shall be

Deadline.

Deadline.

20 USC 7012.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1733

provided in an understandable and uniform format and, to the

extent practicable, in a language that the parent can understand. ‘‘(d) SPECIAL RULE APPLICABLE DURING SCHOOL YEAR.—For

a child who has not been identified for participation in a language

instruction educational program prior to the beginning of the school

year, the eligible entity shall carry out subsections (a) through

(c) with respect to the parents of the child within 2 weeks of

the child being placed in such a program. ‘‘(e) PARENTAL PARTICIPATION.— ‘‘(1) IN GENERAL.—Each eligible entity using funds provided

under this title to provide a language instruction educational

program shall implement an effective means of outreach to

parents of limited English proficient children to inform such

parents of how they can— ‘‘(A) be involved in the education of their children;

and ‘‘(B) be active participants in assisting their children— ‘‘(i) to learn English;

‘‘(ii) to achieve at high levels in core academic

subjects; and ‘‘(iii) to meet the same challenging State academic

content and student academic achievement standards

as all children are expected to meet. ‘‘(2) RECEIPT OF RECOMMENDATIONS.—The outreach

described in paragraph (1) shall include holding, and sending

notice of opportunities for, regular meetings for the purpose

of formulating and responding to recommendations from parents described in such paragraph.

‘‘(f) BASIS FOR ADMISSION OR EXCLUSION.—A child shall not

be admitted to, or excluded from, any federally assisted education

program on the basis of a surname or language-minority status.

‘‘SEC. 3303. NATIONAL CLEARINGHOUSE.

‘‘The Secretary shall establish and support the operation of

a National Clearinghouse for English Language Acquisition and

Language Instruction Educational Programs, which shall collect,

analyze, synthesize, and disseminate information about language

instruction educational programs for limited English proficient children, and related programs. The National Clearinghouse shall—

‘‘(1) be administered as an adjunct clearinghouse of the

Educational Resources Information Center Clearinghouses

system supported by the Office of Educational Research and

Improvement;

‘‘(2) coordinate activities with Federal data and information

clearinghouses and entities operating Federal dissemination

networks and systems;

‘‘(3) develop a system for improving the operation and

effectiveness of federally funded language instruction educational programs;

‘‘(4) collect and disseminate information on—

‘‘(A) educational research and processes related to the

education of limited English proficient children; and

‘‘(B) accountability systems that monitor the academic

progress of limited English proficient children in language

instruction educational programs, including information on

academic content and English proficiency assessments for

language instruction educational programs; and

Establishment.

20 USC 7013.

115 STAT. 1734 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(5) publish, on an annual basis, a list of grant recipients

under this title.

‘‘SEC. 3304. REGULATIONS.

‘‘In developing regulations under this title, the Secretary shall

consult with State educational agencies and local educational agencies, organizations representing limited English proficient individuals, and organizations representing teachers and other personnel

involved in the education of limited English proficient children.’’.

TITLE IV—21ST CENTURY SCHOOLS

SEC. 401. 21ST CENTURY SCHOOLS.

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

‘‘TITLE IV—21ST CENTURY SCHOOLS

‘‘PART A—SAFE AND DRUG-FREE SCHOOLS

AND COMMUNITIES

‘‘SEC. 4001. SHORT TITLE.

‘‘This part may be cited as the ‘Safe and Drug-Free Schools

and Communities Act’.

‘‘SEC. 4002. PURPOSE.

‘‘The purpose of this part is to support programs that prevent

violence in and around schools; that prevent the illegal use of

alcohol, tobacco, and drugs; that involve parents and communities;

and that are coordinated with related Federal, State, school, and

community efforts and resources to foster a safe and drug-free

learning environment that supports student academic achievement,

through the provision of Federal assistance to—

‘‘(1) States for grants to local educational agencies and

consortia of such agencies to establish, operate, and improve

local programs of school drug and violence prevention and

early intervention;

‘‘(2) States for grants to, and contracts with, communitybased organizations and public and private entities for programs of drug and violence prevention and early intervention,

including community-wide drug and violence prevention planning and organizing activities;

‘‘(3) States for development, training, technical assistance,

and coordination activities; and

‘‘(4) public and private entities to provide technical assistance; conduct training, demonstrations, and evaluation; and

to provide supplementary services and community-wide drug

and violence prevention planning and organizing activities for

the prevention of drug use and violence among students and

youth.

‘‘SEC. 4003. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated—

‘‘(1) $650,000,000 for fiscal year 2002, and such sums as

may be necessary for each of the 5 succeeding fiscal years,

for State grants under subpart 1; and

20 USC 7103.

20 USC 7102.

20 USC 7101.

Safe and DrugFree Schools and

Communities

Act.

Grants.

20 USC 7014.

Publication.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1735

‘‘(2) such sums for fiscal year 2002, and for each of the

5 succeeding fiscal years, for national programs under subpart

2.

‘‘Subpart 1—State Grants

‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS.

‘‘(a) RESERVATIONS.— ‘‘(1) IN GENERAL.—From the amount made available under

section 4003(1) to carry out this subpart for each fiscal year,

the Secretary— ‘‘(A) shall reserve 1 percent or $4,750,000 (whichever

is greater) of such amount for grants to Guam, American

Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted

in accordance with the Secretary’s determination of their

respective needs and to carry out programs described in

this subpart; ‘‘(B) shall reserve 1 percent or $4,750,000 (whichever

is greater) of such amount for the Secretary of the Interior

to carry out programs described in this subpart for Indian

youth; and ‘‘(C) shall reserve 0.2 percent of such amount for Native

Hawaiians to be used under section 4117 to carry out

programs described in this subpart.

‘‘(2) OTHER RESERVATIONS.—From the amount made available under section 4003(2) to carry out subpart 2 for each

fiscal year, the Secretary—

‘‘(A) may reserve not more than $2,000,000 for the

national impact evaluation required by section 4122(a);

‘‘(B) notwithstanding section 3 of the No Child Left

Behind Act of 2001, shall reserve an amount necessary

to make continuation grants to grantees under the Safe

Schools/Healthy Students initiative (under the same terms

and conditions as provided for in the grants involved). ‘‘(b) STATE ALLOTMENTS.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

the Secretary shall, for each fiscal year, allot among the

States—

‘‘(A) one-half of the remainder not reserved under subsection (a) according to the ratio between the school-aged

population of each State and the school-aged population

of all the States; and

‘‘(B) one-half of such remainder according to the ratio

between the amount each State received under section

1124A for the preceding year and the sum of such amounts

received by all the States.

‘‘(2) MINIMUM.—For any fiscal year, no State shall be

allotted under this subsection an amount that is less than

the greater of—

‘‘(A) one-half of 1 percent of the total amount allotted

to all the States under this subsection; or

‘‘(B) the amount such State received for fiscal year

2001 under section 4111 as such section was in effect

the day preceding the date of enactment of the No Child

Left Behind Act of 2001.

‘‘(3) REALLOTMENT.—

20 USC 7111.

115 STAT. 1736 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) REALLOTMENT FOR FAILURE TO APPLY.—If any

State does not apply for an allotment under this subpart

for a fiscal year, the Secretary shall reallot the amount

of the State’s allotment to the remaining States in accordance with this section.

‘‘(B) REALLOTMENT OF UNUSED FUNDS.—The Secretary

may reallot any amount of any allotment to a State if

the Secretary determines that the State will be unable

to use such amount within 2 years of such allotment.

Such reallotments shall be made on the same basis as

allotments are made under paragraph (1).

‘‘(4) DEFINITION.—In this section the term ‘State’ means

each of the 50 States, the District of Columbia, and the

Commonwealth of Puerto Rico.

‘‘(c) LIMITATION.—Amounts appropriated under section 4003(2)

for a fiscal year may not be increased above the amounts appropriated under such section for the previous fiscal year unless the

amounts appropriated under section 4003(1) for the fiscal year

involved are at least 10 percent greater that the amounts appropriated under such section 4003(1) for the previous fiscal year.

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

‘‘(a) STATE RESERVATION FOR THE CHIEF EXECUTIVE OFFICER

OF A STATE.—

‘‘(1) IN GENERAL.—The chief executive officer of a State

may reserve not more than 20 percent of the total amount

allocated to a State under section 4111(b) for each fiscal year

to award competitive grants and contracts to local educational

agencies, community-based organizations (including community

anti-drug coalitions) other public entities and private organizations, and consortia thereof. Such grants and contracts shall

be used to carry out the comprehensive State plan described

in section 4113(a) through programs or activities that complement and support activities of local educational agencies

described in section 4115(b). Such officer shall award grants

based on—

‘‘(A) the quality of the program or activity proposed;

and

‘‘(B) how the program or activity meets the principles

of effectiveness described in section 4115(a).

‘‘(2) PRIORITY.—In making such grants and contracts under

this section, a chief executive officer shall give priority to programs and activities that prevent illegal drug use and violence

for—

‘‘(A) children and youth who are not normally served

by State educational agencies or local educational agencies;

or

‘‘(B) populations that need special services or additional

resources (such as youth in juvenile detention facilities,

runaway or homeless children and youth, pregnant and

parenting teenagers, and school dropouts).

‘‘(3) SPECIAL CONSIDERATION.—In awarding funds under

paragraph (1), a chief executive officer shall give special consideration to grantees that pursue a comprehensive approach to

20 USC 7112.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1737

drug and violence prevention that includes providing and incorporating mental health services related to drug and violence

prevention in their program.

‘‘(4) PEER REVIEW.—Grants or contracts awarded under

this section shall be subject to a peer review process.

‘‘(5) USE OF FUNDS.—Grants and contracts under this section shall be used to implement drug and violence prevention

activities, including—

‘‘(A) activities that complement and support local educational agency activities under section 4115, including

developing and implementing activities to prevent and

reduce violence associated with prejudice and intolerance;

‘‘(B) dissemination of information about drug and

violence prevention; and

‘‘(C) development and implementation of communitywide drug and violence prevention planning and organizing.

‘‘(6) ADMINISTRATIVE COSTS.—The chief executive officer of

a State may use not more than 3 percent of the amount

described in paragraph (1) for the administrative costs incurred

in carrying out the duties of such officer under this section.

‘‘(b) IN STATE DISTRIBUTION.—

‘‘(1) IN GENERAL.—A State educational agency shall distribute not less than 93 percent of the amount made available

to the State under section 4111(b), less the amount reserved

under subsection (a) of this section, to its local educational

agencies.

‘‘(2) STATE ADMINISTRATION COSTS.—

‘‘(A) IN GENERAL.—A State educational agency may

use not more than 3 percent of the amount made available

to the State under section 4111(b) for each fiscal year

less the amount reserved under subsection (a) of this section, for State educational agency administrative costs,

including the implementation of the uniform management

information and reporting system as provided for under

subsection (c)(3).

‘‘(B) ADDITIONAL AMOUNTS FOR THE UNIFORM MANAGEMENT INFORMATION SYSTEM.—In the case of fiscal year

2002, a State educational agency may, in addition to

amounts provided for in subparagraph (A), use 1 percent

of the amount made available to the State educational

agency under section 4111(b) for each fiscal year less the

amount reserved under subsection (a) of this section, for

implementation of the uniform management information

and reporting system as provided for under subsection

(c)(3).

‘‘(c) STATE ACTIVITIES.—

‘‘(1) IN GENERAL.—A State educational agency may use

not more than 5 percent of the amount made available to

the State under section 4111(b) for each fiscal year less the

amount reserved under subsection (a) of this section, for activities described in this subsection.

‘‘(2) ACTIVITIES.—A State educational agency shall use the

amounts described in paragraph (1), either directly, or through

grants and contracts, to plan, develop, and implement capacity

building, technical assistance and training, evaluation, program

115 STAT. 1738 PUBLIC LAW 107–110—JAN. 8, 2002

improvement services, and coordination activities for local educational agencies, community-based organizations, and other

public and private entities. Such uses—

‘‘(A) shall meet the principles of effectiveness described

in section 4115(a);

‘‘(B) shall complement and support local uses of funds

under section 4115(b);

‘‘(C) shall be in accordance with the purposes of this

part; and

‘‘(D) may include, among others activities—

‘‘(i) identification, development, evaluation, and

dissemination of drug and violence prevention strategies, programs, activities, and other information;

‘‘(ii) training, technical assistance, and demonstration projects to address violence that is associated with

prejudice and intolerance; and

‘‘(iii) financial assistance to enhance drug and

violence prevention resources available in areas that

serve large numbers of low-income children, are

sparsely populated, or have other special needs.

‘‘(3) UNIFORM MANAGEMENT INFORMATION AND REPORTING

SYSTEM.—

‘‘(A) INFORMATION AND STATISTICS.—A State shall

establish a uniform management information and reporting

system.

‘‘(B) USES OF FUNDS.—A State may use funds described

in subparagraphs (A) and (B) of subsection (b)(2), either

directly or through grants and contracts, to implement

the uniform management information and reporting system

described in subparagraph (A), for the collection of information on—

‘‘(i) truancy rates;

‘‘(ii) the frequency, seriousness, and incidence of

violence and drug-related offenses resulting in suspensions and expulsions in elementary schools and secondary schools in the State;

‘‘(iii) the types of curricula, programs, and services

provided by the chief executive officer, the State educational agency, local educational agencies, and other

recipients of funds under this subpart; and

‘‘(iv) the incidence and prevalence, age of onset,

perception of health risk, and perception of social disapproval of drug use and violence by youth in schools

and communities.

‘‘(C) COMPILATION OF STATISTICS.—In compiling the

statistics required for the uniform management information

and reporting system, the offenses described in subparagraph (B)(ii) shall be defined pursuant to the State’s

criminal code, but shall not identify victims of crimes or

persons accused of crimes. The collected data shall include

incident reports by school officials, anonymous student surveys, and anonymous teacher surveys.

‘‘(D) REPORTING.—The information described under

subparagraph (B) shall be reported to the public and the

data referenced in clauses (i) and (ii) of such subparagraph

shall be reported to the State on a school-by-school basis.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1739

‘‘(E) LIMITATION.—Nothing in this subsection shall be

construed to authorize the Secretary to require particular

policies, procedures, or practices with respect to crimes

committed on school property or school security.

‘‘SEC. 4113. STATE APPLICATION.

‘‘(a) IN GENERAL.—In order to receive an allotment under section 4111(b) for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application

that— ‘‘(1) contains a comprehensive plan for the use of funds

by the State educational agency and the chief executive officer

of the State to provide safe, orderly, and drug-free schools

and communities through programs and activities that complement and support activities of local educational agencies

under section 4115(b), that comply with the principles of

effectiveness under section 4115(a), and that otherwise are

in accordance with the purpose of this part; ‘‘(2) describes how activities funded under this subpart

will foster a safe and drug-free learning environment that supports academic achievement; ‘‘(3) provides an assurance that the application was developed in consultation and coordination with appropriate State

officials and others, including the chief executive officer, the

chief State school officer, the head of the State alcohol and

drug abuse agency, the heads of the State health and mental

health agencies, the head of the State criminal justice planning

agency, the head of the State child welfare agency, the head

of the State board of education, or their designees, and representatives of parents, students, and community-based

organizations;

‘‘(4) describes how the State educational agency will coordinate such agency’s activities under this subpart with the chief

executive officer’s drug and violence prevention programs under

this subpart and with the prevention efforts of other State

agencies and other programs, as appropriate, in accordance

with the provisions in section 9306;

‘‘(5) provides an assurance that funds reserved under section 4112(a) will not duplicate the efforts of the State educational agency and local educational agencies with regard

to the provision of school-based drug and violence prevention

activities and that those funds will be used to serve populations

not normally served by the State educational agencies and

local educational agencies and populations that need special

services, such as school dropouts, suspended and expelled students, youth in detention centers, runaway or homeless children

and youth, and pregnant and parenting youth;

‘‘(6) provides an assurance that the State will cooperate

with, and assist, the Secretary in conducting data collection

as required by section 4122;

‘‘(7) provides an assurance that the local educational agencies in the State will comply with the provisions of section

9501 pertaining to the participation of private school children

and teachers in the programs and activities under this subpart;

‘‘(8) provides an assurance that funds under this subpart

will be used to increase the level of State, local, and other

non-Federal funds that would, in the absence of funds under

20 USC 7113.

115 STAT. 1740 PUBLIC LAW 107–110—JAN. 8, 2002

this subpart, be made available for programs and activities

authorized under this subpart, and in no case supplant such

State, local, and other non-Federal funds;

‘‘(9) contains the results of a needs assessment conducted

by the State for drug and violence prevention programs, which

shall be based on ongoing State evaluation activities, including

data on—

‘‘(A) the incidence and prevalence of illegal drug use

and violence among youth in schools and communities,

including the age of onset, the perception of health risks,

and the perception of social disapproval among such youth;

‘‘(B) the prevalence of risk factors, including high or

increasing rates of reported cases of child abuse or domestic

violence;

‘‘(C) the prevalence of protective factors, buffers, or

assets; and

‘‘(D) other variables in the school and community

identified through scientifically based research;

‘‘(10) provides a statement of the State’s performance measures for drug and violence prevention programs and activities

to be funded under this subpart that will be focused on student

behavior and attitudes, derived from the needs assessment

described in paragraph (9), and be developed in consultation

between the State and local officials, and that consist of—

‘‘(A) performance indicators for drug and violence

prevention programs and activities; and

‘‘(B) levels of performance for each performance indicator;

‘‘(11) describes the procedures the State will use for

assessing and publicly reporting progress toward meeting the

performance measures described in paragraph (10);

‘‘(12) provides an assurance that the State application will

be available for public review after submission of the application;

‘‘(13) describes the special outreach activities that will be

carried out by the State educational agency and the chief executive officer of the State to maximize the participation of community-based organizations of demonstrated effectiveness that provide services such as mentoring programs in low-income

communities;

‘‘(14) describes how funds will be used by the State educational agency and the chief executive officer of the State

to support, develop, and implement community-wide comprehensive drug and violence prevention planning and organizing activities;

‘‘(15) describes how input from parents will be sought

regarding the use of funds by the State educational agency

and the chief executive officer of the State;

‘‘(16) describes how the State educational agency will

review applications from local educational agencies, including

how the agency will receive input from parents in such review;

‘‘(17) describes how the State educational agency will monitor the implementation of activities under this subpart, and

provide technical assistance for local educational agencies,

community-based organizations, other public entities, and private organizations;

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1741

‘‘(18) describes how the chief executive officer of the State

will award funds under section 4112(a) and implement a plan

for monitoring the performance of, and providing technical

assistance to, recipients of such funds; and

‘‘(19) includes any other information the Secretary may

require.

‘‘(b) INTERIM APPLICATION.— ‘‘(1) AUTHORITY.—Notwithstanding any other provision of

this section, a State may submit for fiscal year 2002 a 1-

year interim application and plan for the use of funds under

this subpart that is consistent with the requirements of this

section and contains such information as the Secretary may

specify in regulations. ‘‘(2) PURPOSE.—The purpose of such interim application

and plan shall be to afford the State the opportunity to fully

develop and review such State’s application and comprehensive

plan otherwise required by this section. ‘‘(3) EXCEPTION.—A State may not receive a grant under

this subpart for a fiscal year after fiscal year 2002 unless

the Secretary has approved such State’s application and comprehensive plan as described in subsection (a).

‘‘(c) APPROVAL PROCESS.—

‘‘(1) DEEMED APPROVAL.—An application submitted by a

State pursuant to this section shall undergo peer review by

the Secretary and shall be deemed to be approved by the

Secretary unless the Secretary makes a written determination,

prior to the expiration of the 120-day period beginning on

the date on which the Secretary received the application, that

the application is not in compliance with this subpart.

‘‘(2) DISAPPROVAL.—The Secretary shall not finally disapprove the application, except after giving the State educational agency and the chief executive officer of the State

notice and an opportunity for a hearing.

‘‘(3) NOTIFICATION.—If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart,

the Secretary shall—

‘‘(A) give the State educational agency and the chief

executive officer of the State notice and an opportunity

for a hearing; and

‘‘(B) notify the State educational agency and the chief

executive officer of the State of the finding of noncompliance, and in such notification, shall—

‘‘(i) cite the specific provisions in the application

that are not in compliance; and

‘‘(ii) request additional information, only as to the

noncompliant provisions, needed to make the application compliant.

‘‘(4) RESPONSE.—If the State educational agency and the

chief executive officer of the State respond to the Secretary’s

notification described in paragraph (3)(B) during the 45-day

period beginning on the date on which the agency received

the notification, and resubmit the application with the

requested information described in paragraph (3)(B)(ii), the Secretary shall approve or disapprove such application prior to

the later of—

‘‘(A) the expiration of the 45-day period beginning on

the date on which the application is resubmitted; or

115 STAT. 1742 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) the expiration of the 120-day period described

in paragraph (1).

‘‘(5) FAILURE TO RESPOND.—If the State educational agency

and the chief executive officer of the State do not respond

to the Secretary’s notification described in paragraph (3)(B)

during the 45-day period beginning on the date on which the

agency received the notification, such application shall be

deemed to be disapproved.

‘‘SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM.

‘‘(a) IN GENERAL.— ‘‘(1) FUNDS TO LOCAL EDUCATIONAL AGENCIES.—A State

shall provide the amount made available to the State under

this subpart, less the amounts reserved under section 4112

to local educational agencies for drug and violence prevention

and education programs and activities as follows: ‘‘(A) 60 percent of such amount based on the relative

amount such agencies received under part A of title I

for the preceding fiscal year. ‘‘(B) 40 percent of such amount based on the relative

enrollments in public and private nonprofit elementary

schools and secondary schools within the boundaries of

such agencies.

‘‘(2) ADMINISTRATIVE COSTS.—Of the amount received under

paragraph (1), a local educational agency may use not more

than 2 percent for the administrative costs of carrying out

its responsibilities under this subpart.

‘‘(3) RETURN OF FUNDS TO STATE; REALLOCATION.—

‘‘(A) RETURN.—Except as provided in subparagraph (B),

upon the expiration of the 1-year period beginning on the

date on which a local educational agency receives its allocation under this subpart—

‘‘(i) such agency shall return to the State educational agency any funds from such allocation that

remain unobligated; and ‘‘(ii) the State educational agency shall reallocate

any such amount to local educational agencies that

have submitted plans for using such amount for programs or activities on a timely basis.

‘‘(B) CARRYOVER.—In any fiscal year, a local educational agency, may retain for obligation in the succeeding

fiscal year—

‘‘(i) an amount equal to not more than 25 percent

of the allocation it received under this subpart for

such fiscal year; or

‘‘(ii) upon a demonstration of good cause by such

agency and approval by the State educational agency,

an amount that exceeds 25 percent of such allocation.

‘‘(C) REALLOCATION.—If a local educational agency

chooses not to apply to receive the amount allocated to

such agency under this subsection, or if such agency’s

application under subsection (d) is disapproved by the State

educational agency, the State educational agency shall

reallocate such amount to one or more of its other local

educational agencies.

‘‘(b) ELIGIBILITY.—To be eligible to receive a subgrant under

this subpart, a local educational agency desiring a subgrant shall

20 USC 7114.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1743

submit an application to the State educational agency in accordance

with subsection (d). Such an application shall be amended, as

necessary, to reflect changesin the activities and programs of the

local educational agency.

‘‘(c) DEVELOPMENT.—

‘‘(1) CONSULTATION.—

‘‘(A) IN GENERAL.—A local educational agency shall

develop its application through timely and meaningful consultation with State and local government representatives,

representatives of schools to be served (including private

schools), teachers and other staff, parents, students,

community-based organizations, and others with relevant

and demonstrated expertise in drug and violence prevention activities (such as medical, mental health, and law

enforcement professionals).

‘‘(B) CONTINUED CONSULTATION.—On an ongoing basis,

the local educational agency shall consult with such representatives and organizations in order to seek advice

regarding how best to coordinate such agency’s activities

under this subpart with other related strategies, programs,

and activities being conducted in the community.

‘‘(2) DESIGN AND DEVELOPMENT.—To ensure timely and

meaningful consultation under paragraph (1), a local educational agency at the initial stages of design and development

of a program or activity shall consult, in accordance with this

subsection, with appropriate entities and persons on issues

regarding the design and development of the program or

activity, including efforts to meet the principles of effectiveness

described in section 4115(a).

‘‘(d) CONTENTS OF APPLICATIONS.—An application submitted by

a local educational agency under this section shall contain—

‘‘(1) an assurance that the activities or programs to be

funded comply with the principles of effectiveness described

in section 4115(a) and foster a safe and drug-free learning

environment that supports academic achievement;

‘‘(2) a detailed explanation of the local educational agency’s

comprehensive plan for drug and violence prevention, including

a description of—

‘‘(A) how the plan will be coordinated with programs

under this Act, and other Federal, State, and local programs for drug and violence prevention, in accordance with

section 9306;

‘‘(B) the local educational agency’s performance measures for drug and violence prevention programs and activities, that shall consist of—

‘‘(i) performance indicators for drug and violence

prevention programs and activities; including—

‘‘(I) specific reductions in the prevalence of

identified risk factors; and

‘‘(II) specific increases in the prevalence of

protective factors, buffers, or assets if any have

been identified; and

‘‘(ii) levels of performance for each performance

indicator;

‘‘(C) how such agency will assess and publicly report

progress toward attaining its performance measures;

115 STAT. 1744 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(D) the drug and violence prevention activity or program to be funded, including how the activity or program

will meet the principles of effectiveness described in section

4115(a), and the means of evaluating such activity or program; and

‘‘(E) how the services will be targeted to schools and

students with the greatest need;

‘‘(3) a description for how the results of the evaluations

of the effectiveness of the program will be used to refine,

improve, and strengthen the program;

‘‘(4) an assurance that funds under this subpart will be

used to increase the level of State, local, and other non-Federal

funds that would, in the absence of funds under this subpart,

be made available for programs and activities authorized under

this subpart, and in no case supplant such State, local, and

other non-Federal funds;

‘‘(5) a description of the mechanisms used to provide effective notice to the community of an intention to submit an

application under this subpart;

‘‘(6) an assurance that drug and violence prevention programs supported under this subpart convey a clear and consistent message that acts of violence and the illegal use of

drugs are wrong and harmful;

‘‘(7) an assurance that the applicant has, or the schools

to be served have, a plan for keeping schools safe and drugfree that includes—

‘‘(A) appropriate and effective school discipline policies

that prohibit disorderly conduct, the illegal possession of

weapons, and the illegal use, possession, distribution, and

sale of tobacco, alcohol, and other drugs by students;

‘‘(B) security procedures at school and while students

are on the way to and from school;

‘‘(C) prevention activities that are designed to create

and maintain safe, disciplined, and drug-free environments;

‘‘(D) a crisis management plan for responding to violent

or traumatic incidents on school grounds; and

‘‘(E) a code of conduct policy for all students that

clearly states the responsibilities of students, teachers, and

administrators in maintaining a classroom environment

that—

‘‘(i) allows a teacher to communicate effectively

with all students in the class;

‘‘(ii) allows all students in the class to learn;

‘‘(iii) has consequences that are fair, and developmentally appropriate;

‘‘(iv) considers the student and the circumstances

of the situation; and

‘‘(v) is enforced accordingly;

‘‘(8) an assurance that the application and any waiver

request under section 4115(a)(3) will be available for public

review after submission of the application; and

‘‘(9) such other assurances, goals, and objectives identified

through scientifically based research that the State may reasonably require in accordance with the purpose of this part.

‘‘(e) REVIEW OF APPLICATION.— ‘‘(1) IN GENERAL.—In reviewing local applications under

this section, a State educational agency shall use a peer review

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1745

process or other methods of assuring the quality of such applications.‘‘(2) CONSIDERATIONS.—In determining whether to approve

the application of a local educational agency under this section,

a State educational agency shall consider the quality of application and the extent to which the application meets the principles of effectiveness described in section 4115(a).

‘‘(f) APPROVAL PROCESS.— ‘‘(1) DEEMED APPROVAL.—An application submitted by a

local educational agency pursuant to this section shall be

deemed to be approved by the State educational agency unless

the State educational agency makes a written determination,

prior to the expiration of the 120-day period beginning on

the date on which the State educational agency received the

application, that the application is not in compliance with this

subpart. ‘‘(2) DISAPPROVAL.—The State educational agency shall not

finally disapprove the application, except after giving the local

educational agency notice and opportunity for a hearing.

‘‘(3) NOTIFICATION.—If the State educational agency finds

that the application is not in compliance, in whole or in part,

with this subpart, the State educational agency shall—

‘‘(A) give the local educational agency notice and an

opportunity for a hearing; and

‘‘(B) notify the local educational agency of the finding

of noncompliance, and in such notification, shall—

‘‘(i) cite the specific provisions in the application

that are not in compliance; and

‘‘(ii) request additional information, only as to the

noncompliant provisions, needed to make the application compliant.

‘‘(4) RESPONSE.—If the local educational agency responds

to the State educational agency’s notification described in paragraph (3)(B) during the 45-day period beginning on the date

on which the agency received the notification, and resubmits

the application with the requested information described in

paragraph (3)(B)(ii), the State educational agency shall approve

or disapprove such application prior to the later of—

‘‘(A) the expiration of the 45-day period beginning on

the date on which the application is resubmitted; or

‘‘(B) the expiration of the 120-day period described

in paragraph (1).

‘‘(5) FAILURE TO RESPOND.—If the local educational agency

does not respond to the State educational agency’s notification

described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification,

such application shall be deemed to be disapproved.

‘‘SEC. 4115. AUTHORIZED ACTIVITIES.

‘‘(a) PRINCIPLES OF EFFECTIVENESS.—

‘‘(1) IN GENERAL.—For a program or activity developed

pursuant to this subpart to meet the principles of effectiveness,

such program or activity shall—

‘‘(A) be based on an assessment of objective data

regarding the incidence of violence and illegal drug use

in the elementary schools and secondary schools and

communities to be served, including an objective analysis

20 USC 7115.

115 STAT. 1746 PUBLIC LAW 107–110—JAN. 8, 2002

of the current conditions and consequences regarding

violence and illegal drug use, including delinquency and

serious discipline problems, among students who attend

such schools (including private school students who participate in the drug and violence prevention program) that

is based on ongoing local assessment or evaluation activities;

‘‘(B) be based on an established set of performance

measures aimed at ensuring that the elementary schools

and secondary schools and communities to be served by

the program have a safe, orderly, and drug-free learning

environment;

‘‘(C) be based on scientifically based research that provides evidence that the program to be used will reduce

violence and illegal drug use;

‘‘(D) be based on an analysis of the data reasonably

available at the time, of the prevalence of risk factors,

including high or increasing rates of reported cases of child

abuse and domestic violence; protective factors, buffers,

assets; or other variables in schools and communities in

the State identified through scientifically based research;

and

‘‘(E) include meaningful and ongoing consultation with

and input from parents in the development of the application and administration of the program or activity.

‘‘(2) PERIODIC EVALUATION.—

‘‘(A) REQUIREMENT.—The program or activity shall

undergo a periodic evaluation to assess its progress toward

reducing violence and illegal drug use in schools to be

served based on performance measures described in section

4114(d)(2)(B).

‘‘(B) USE OF RESULTS.—The results shall be used to

refine, improve, and strengthen the program, and to refine

the performance measures, and shall also be made available to the public upon request, with public notice of such

availability provided.

‘‘(3) WAIVER.—A local educational agency may apply to

the State for a waiver of the requirement of subsection (a)(1)(C)

to allow innovative activities or programs that demonstrate

substantial likelihood of success.

‘‘(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES.—

‘‘(1) PROGRAM REQUIREMENTS.—A local educational agency

shall use funds made available under section 4114 to develop,

implement, and evaluate comprehensive programs and activities, which are coordinated with other school and communitybased services and programs, that shall—

‘‘(A) foster a safe and drug-free learning environment

that supports academic achievement;

‘‘(B) be consistent with the principles of effectiveness

described in subsection (a)(1);

‘‘(C) be designed to—

‘‘(i) prevent or reduce violence; the use, possession

and distribution of illegal drugs; and delinquency; and

‘‘(ii) create a well disciplined environment conducive to learning, which includes consultation between

teachers, principals, and other school personnel to identify early warning signs of drug use and violence and

Public

information.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1747

to provide behavioral interventions as part of classroom

management efforts; and

‘‘(D) include activities to— ‘‘(i) promote the involvement of parents in the

activity or program;

‘‘(ii) promote coordination with community groups

and coalitions, and government agencies; and

‘‘(iii) distribute information about the local educational agency’s needs, goals, and programs under

this subpart.

‘‘(2) AUTHORIZED ACTIVITIES.—Each local educational

agency, or consortium of such agencies, that receives a subgrant

under this subpart may use such funds to carry out activities

that comply with the principles of effectiveness described in

subsection (a), such as the following: ‘‘(A) Age appropriate and developmentally based activities that—

‘‘(i) address the consequences of violence and the

illegal use of drugs, as appropriate; ‘‘(ii) promote a sense of individual responsibility;

‘‘(iii) teach students that most people do not illegally use drugs; ‘‘(iv) teach students to recognize social and peer

pressure to use drugs illegally and the skills for

resisting illegal drug use; ‘‘(v) teach students about the dangers of emerging

drugs;

‘‘(vi) engage students in the learning process; and

‘‘(vii) incorporate activities in secondary schools

that reinforce prevention activities implemented in

elementary schools.

‘‘(B) Activities that involve families, community sectors

(which may include appropriately trained seniors), and a

variety of drug and violence prevention providers in setting

clear expectations against violence and illegal use of drugs

and appropriate consequences for violence and illegal use

of drugs.

‘‘(C) Dissemination of drug and violence prevention

information to schools and the community.

‘‘(D) Professional development and training for, and

involvement of, school personnel, pupil services personnel,

parents, and interested community members in prevention,

education, early identification and intervention, mentoring,

or rehabilitation referral, as related to drug and violence

prevention.

‘‘(E) Drug and violence prevention activities that may

include the following:

‘‘(i) Community-wide planning and organizing

activities to reduce violence and illegal drug use, which

may include gang activity prevention.

‘‘(ii) Acquiring and installing metal detectors, electronic locks, surveillance cameras, or other related

equipment and technologies.

‘‘(iii) Reporting criminal offenses committed on

school property.

‘‘(iv) Developing and implementing comprehensive

school security plans or obtaining technical assistance

115 STAT. 1748 PUBLIC LAW 107–110—JAN. 8, 2002

concerning such plans, which may include obtaining

a security assessment or assistance from the School

Security and Technology Resource Center at the Sandia

National Laboratory located in Albuquerque, New

Mexico.

‘‘(v) Supporting safe zones of passage activities

that ensure that students travel safely to and from

school, which may include bicycle and pedestrian safety

programs.

‘‘(vi) The hiring and mandatory training, based

on scientific research, of school security personnel

(including school resource officers) who interact with

students in support of youth drug and violence prevention activities under this part that are implemented

in the school.

‘‘(vii) Expanded and improved school-based mental

health services related to illegal drug use and violence,

including early identification of violence and illegal

drug use, assessment, and direct or group counseling

services provided to students, parents, families, and

school personnel by qualified school-based mental

health service providers.

‘‘(viii) Conflict resolution programs, including peer

mediation programs that educate and train peer mediators and a designated faculty supervisor, and youth

anti-crime and anti-drug councils and activities.

‘‘(ix) Alternative education programs or services

for violent or drug abusing students that reduce the

need for suspension or expulsion or that serve students

who have been suspended or expelled from the regular

educational settings, including programs or services

to assist students to make continued progress toward

meeting the State academic achievement standards

and to reenter the regular education setting.

‘‘(x) Counseling, mentoring, referral services, and

other student assistance practices and programs,

including assistance provided by qualified school-based

mental health services providers and the training of

teachers by school-based mental health services providers in appropriate identification and intervention

techniques for students at risk of violent behavior and

illegal use of drugs.

‘‘(xi) Programs that encourage students to seek

advice from, and to confide in, a trusted adult

regarding concerns about violence and illegal drug use.

‘‘(xii) Drug and violence prevention activities

designed to reduce truancy.

‘‘(xiii) Age-appropriate, developmentally-based

violence prevention and education programs that

address victimization associated with prejudice and

intolerance, and that include activities designed to help

students develop a sense of individual responsibility

and respect for the rights of others, and to resolve

conflicts without violence.

‘‘(xiv) Consistent with the fourth amendment to

the Constitution of the United States, the testing of

a student for illegal drug use or the inspecting of

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1749

a student’s locker for weapons or illegal drugs or drug

paraphernalia, including at the request of or with the

consent of a parent or legal guardian of the student,

if the local educational agency elects to so test or

inspect.

‘‘(xv) Emergency intervention services following

traumatic crisis events, such as a shooting, major

accident, or a drug-related incident that have disrupted

the learning environment.

‘‘(xvi) Establishing or implementing a system for

transferring suspension and expulsion records, consistent with section 444 of the General Education

Provisions Act (20 U.S.C. 1232g), by a local educational

agency to any public or private elementary school or

secondary school.

‘‘(xvii) Developing and implementing character

education programs, as a component of drug and

violence prevention programs, that take into account

the views of parents of the students for whom the

program is intended and such students, such as a

program described in subpart 3 of part D of title V.

‘‘(xviii) Establishing and maintaining a school

safety hotline.

‘‘(xix) Community service, including community

service performed by expelled students, and servicelearning projects.

‘‘(xx) Conducting a nationwide background check

of each local educational agency employee, regardless

of when hired, and prospective employees for the purpose of determining whether the employee or prospective employee has been convicted of a crime that bears

upon the employee’s fitness—

‘‘(I) to be responsible for the safety or wellbeing of children;

‘‘(II) to serve in the particular capacity in

which the employee or prospective employee is

or will be employed; or

‘‘(III) to otherwise be employed by the local

educational agency.

‘‘(xxi) Programs to train school personnel to identify warning signs of youth suicide and to create an

action plan to help youth at risk of suicide.

‘‘(xxii) Programs that respond to the needs of students who are faced with domestic violence or child

abuse.

‘‘(F) The evaluation of any of the activities authorized

under this subsection and the collection of objective data

used to assess program needs, program implementation,

or program success in achieving program goals and objectives.

‘‘(c) LIMITATION.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

not more than 40 percent of the funds available to a local

educational agency under this subpart may be used to carry

out the activities described in clauses (ii) through (vi) of subsection (b)(2)(E), of which not more than 50 percent of such

115 STAT. 1750 PUBLIC LAW 107–110—JAN. 8, 2002

amount may be used to carry out the activities described in

clauses (ii) through (v) of such subsection. ‘‘(2) EXCEPTION.—A local educational agency may use funds

under this subpart for activities described in clauses (ii) through

(v) of subsection (b)(2)(E) only if funding for these activities

is not received from other Federal agencies.

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall

be construed to prohibit the use of funds under this subpart by

any local educational agency or school for the establishment or

implementation of a school uniform policy if such policy is part

of the overall comprehensive drug and violence prevention plan

of the State involved and is supported by the State’s needs assessment and other scientifically based research information.

‘‘SEC. 4116. REPORTING.

‘‘(a) STATE REPORT.— ‘‘(1) IN GENERAL.—By December 1, 2003, and every 2 years

thereafter, the chief executive officer of the State, in cooperation

with the State educational agency, shall submit to the Secretary

a report—

‘‘(A) on the implementation and outcomes of State programs under section 4112(a)(1) and section 4112(c) and

local educational agency programs under section 4115(b),

as well as an assessment of their effectiveness; ‘‘(B) on the State’s progress toward attaining its

performance measures for drug and violence prevention

under section 4113(a)(10); and ‘‘(C) on the State’s efforts to inform parents of, and

include parents in, violence and drug prevention efforts.

‘‘(2) SPECIAL RULE.—The report required by this subsection

shall be—

‘‘(A) in the form specified by the Secretary;

‘‘(B) based on the State’s ongoing evaluation activities,

and shall include data on the incidence and prevalence,

age of onset, perception of health risk, and perception of

social disapproval of drug use and violence by youth in

schools and communities; and ‘‘(C) made readily available to the public. ‘‘(b) LOCAL EDUCATIONAL AGENCY REPORT.— ‘‘(1) IN GENERAL.—Each local educational agency receiving

funds under this subpart shall submit to the State educational

agency such information that the State requires to complete

the State report required by subsection (a), including a description of how parents were informed of, and participated in,

violence and drug prevention efforts. ‘‘(2) AVAILABILITY.—Information under paragraph (1) shall

be made readily available to the public. ‘‘(3) PROVISION OF DOCUMENTATION.—Not later than

January 1 of each year that a State is required to report

under subsection (a), the Secretary shall provide to the State

educational agency all of the necessary documentation required

for compliance with this section.

‘‘SEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS.

‘‘(a) GENERAL AUTHORITY.—From the funds made available

pursuant to section 4111(a)(1)(C) to carry out this section, the

Secretary shall make grants to or enter into cooperative agreements

or contracts with organizations primarily serving and representing

Contracts.

20 USC 7117.

Deadline.

Deadline.

20 USC 7116.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1751

Native Hawaiians for the benefit of Native Hawaiians to plan,

conduct, and administer programs, or portions thereof, that are

authorized by and consistent with the provisions of this subpart.

‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the purposes of

this section, the term ‘Native Hawaiian’ means any individual any

of whose ancestors were natives, prior to 1778, of the area which

now comprises the State of Hawaii.

‘‘Subpart 2—National Programs

‘‘SEC. 4121. FEDERAL ACTIVITIES.

‘‘(a) PROGRAM AUTHORIZED.—From funds made available to

carry out this subpart under section 4003(2), the Secretary, in

consultation with the Secretary of Health and Human Services,

the Director of the Office of National Drug Control Policy, and

the Attorney General, shall carry out programs to prevent the

illegal use of drugs and violence among, and promote safety and

discipline for, students. The Secretary shall carry out such programs

directly, or through grants, contracts, or cooperative agreements

with public and private entities and individuals, or through agreements with other Federal agencies, and shall coordinate such programs with other appropriate Federal activities. Such programs

may include— ‘‘(1) the development and demonstration of innovative

strategies for the training of school personnel, parents, and

members of the community for drug and violence prevention

activities based on State and local needs; ‘‘(2) the development, demonstration, scientifically based

evaluation, and dissemination of innovative and high quality

drug and violence prevention programs and activities, based

on State and local needs, which may include—

‘‘(A) alternative education models, either established

within a school or separate and apart from an existing

school, that are designed to promote drug and violence

prevention, reduce disruptive behavior, reduce the need

for repeat suspensions and expulsions, enable students to

meet challenging State academic standards, and enable

students to return to the regular classroom as soon as

possible; ‘‘(B) community service and service-learning projects,

designed to rebuild safe and healthy neighborhoods and

increase students’ sense of individual responsibility; ‘‘(C) video-based projects developed by noncommercial

telecommunications entities that provide young people with

models for conflict resolution and responsible decisionmaking; and ‘‘(D) child abuse education and prevention programs

for elementary and secondary students;

‘‘(3) the provision of information on drug abuse education

and prevention to the Secretary of Health and Human Services

for dissemination;

‘‘(4) the provision of information on violence prevention

and education and school safety to the Department of Justice

for dissemination;

‘‘(5) technical assistance to chief executive officers, State

agencies, local educational agencies, and other recipients of

20 USC 7131.

115 STAT. 1752 PUBLIC LAW 107–110—JAN. 8, 2002

funding under this part to build capacity to develop and implement high-quality, effective drug and violence prevention programs consistent with the principles of effectiveness in section

4115(a); ‘‘(6) assistance to school systems that have particularly

severe drug and violence problems, including hiring drug

prevention and school safety coordinators, or assistance to support appropriate response efforts to crisis situations; ‘‘(7) the development of education and training programs,

curricula, instructional materials, and professional training and

development for preventing and reducing the incidence of

crimes and conflicts motivated by hate in localities most directly

affected by hate crimes; ‘‘(8) activities in communities designated as empowerment

zones or enterprise communities that will connect schools to

community-wide efforts to reduce drug and violence problems;

and ‘‘(9) other activities in accordance with the purpose of this

part, based on State and local needs.

‘‘(b) PEER REVIEW.—The Secretary shall use a peer review

process in reviewing applications for funds under this section.

‘‘SEC. 4122. IMPACT EVALUATION.

‘‘(a) BIENNIAL EVALUATION.—The Secretary, in consultation

with the Safe and Drug-Free Schools and Communities Advisory

Committee described in section 4124, shall conduct an independent

biennial evaluation of the impact of programs assisted under this

subpart and of other recent and new initiatives to combat violence

and illegal drug use in schools. The evaluation shall report on

whether community and local educational agency programs funded

under this subpart— ‘‘(1) comply with the principles of effectiveness described

in section 4115(a); ‘‘(2) have appreciably reduced the level of illegal drug,

alcohol, and tobacco use, and school violence and the illegal

presence of weapons at schools; and ‘‘(3) have conducted effective parent involvement and

training programs.

‘‘(b) DATA COLLECTION.—The National Center for Education

Statistics shall collect data, that is subject to independent review,

to determine the incidence and prevalence of illegal drug use and

violence in elementary schools and secondary schools in the States.

The collected data shall include incident reports by schools officials,

anonymous student surveys, and anonymous teacher surveys. ‘‘(c) BIENNIAL REPORT.—Not later than January 1, 2003, and

every 2 years thereafter, the Secretary shall submit to the President

and Congress a report on the findings of the evaluation conducted

under subsection (a) together with the data collected under subsection (b) and data available from other sources on the incidence

and prevalence, age of onset, perception of health risk, and perception of social disapproval of drug use and violence in elementary

schools and secondary schools in the States. The Secretary shall

include data submitted by the States pursuant to subsection

4116(a).

‘‘SEC. 4123. HATE CRIME PREVENTION.

‘‘(a) GRANT AUTHORIZATION.—From funds made available to

carry out this subpart under section 4003(2) the Secretary may

20 USC 7133.

Deadline.

20 USC 7132.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1753

make grants to local educational agencies and community-based

organizations for the purpose of providing assistance to localities

most directly affected by hate crimes.

‘‘(b) USE OF FUNDS.—

‘‘(1) PROGRAM DEVELOPMENT.—Grants under this section

may be used to improve elementary and secondary educational

efforts, including—

‘‘(A) development of education and training programs

designed to prevent and to reduce the incidence of crimes

and conflicts motivated by hate;

‘‘(B) development of curricula for the purpose of

improving conflict or dispute resolution skills of students,

teachers, and administrators;

‘‘(C) development and acquisition of equipment and

instructional materials to meet the needs of, or otherwise

be part of, hate crime or conflict programs; and

‘‘(D) professional training and development for teachers

and administrators on the causes, effects, and resolutions

of hate crimes or hate-based conflicts.

‘‘(2) APPLICATION.—In order to be eligible to receive a grant

under this section for any fiscal year, a local educational agency,

or a local educational agency in conjunction with a communitybased organization, shall submit an application to the Secretary

in such form and containing such information as the Secretary

may reasonably require.

‘‘(3) REQUIREMENTS.—Each application under paragraph (2)

shall include—

‘‘(A) a request for funds for the purpose described in

this section;

‘‘(B) a description of the schools and communities to

be served by the grants; and

‘‘(C) assurances that Federal funds received under this

section shall be used to supplement, and not supplant,

non-Federal funds.

‘‘(4) COMPREHENSIVE PLAN.—Each application shall include

a comprehensive plan that contains—

‘‘(A) a description of the hate crime or conflict problems

within the schools or the community targeted for assistance;

‘‘(B) a description of the program to be developed or

augmented by such Federal and matching funds;

‘‘(C) assurances that such program or activity shall

be administered by or under the supervision of the

applicant;

‘‘(D) procedures for the proper and efficient administration of such program; and

‘‘(E) fiscal control and fund accounting procedures as

may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under

this section.

‘‘(c) AWARD OF GRANTS.—

‘‘(1) SELECTION OF RECIPIENTS.—The Secretary shall consider the incidence of crimes and conflicts motivated by bias

in the targeted schools and communities in awarding grants

under this section.

115 STAT. 1754 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Secretary shall

attempt, to the extent practicable, to achieve an equitable

geographic distribution of grant awards. ‘‘(3) DISSEMINATION OF INFORMATION.—The Secretary shall

attempt, to the extent practicable, to make available information regarding successful hate crime prevention programs,

including programs established or expanded with grants under

this section.

‘‘(d) REPORTS.—The Secretary shall submit to Congress a report

every 2 years that shall contain a detailed statement regarding

grants and awards, activities of grant recipients, and an evaluation

of programs established under this section.

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

ADVISORY COMMITTEE.

‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—There is hereby established an advisory

committee to be known as the ‘Safe and Drug Free Schools

and Communities Advisory Committee’ (referred to in this section as the ‘Advisory Committee’) to—

‘‘(A) consult with the Secretary under subsection (b);

‘‘(B) coordinate Federal school- and community-based

substance abuse and violence prevention programs and

reduce duplicative research or services;

‘‘(C) develop core data sets and evaluation protocols

for safe and drug-free school- and community-based programs;

‘‘(D) provide technical assistance and training for safe

and drug-free school- and community-based programs;

‘‘(E) provide for the diffusion of scientifically based

research to safe and drug-free school- and community-based

programs; and

‘‘(F) review other regulations and standards developed

under this title.

‘‘(2) COMPOSITION.—The Advisory Committee shall be composed of representatives from—

‘‘(A) the Department of Education;

‘‘(B) the Centers for Disease Control and Prevention;

‘‘(C) the National Institute on Drug Abuse;

‘‘(D) the National Institute on Alcoholism and Alcohol

Abuse;

‘‘(E) the Center for Substance Abuse Prevention;

‘‘(F) the Center for Mental Health Services;

‘‘(G) the Office of Juvenile Justice and Delinquency

Prevention;

‘‘(H) the Office of National Drug Control Policy;

‘‘(I) State and local governments, including education

agencies; and

‘‘(J) researchers and expert practitioners.

‘‘(3) CONSULTATION.—In carrying out its duties under this

section, the Advisory Committee shall annually consult with

interested State and local coordinators of school- and community-based substance abuse and violence prevention programs

and other interested groups.

‘‘(b) PROGRAMS.— ‘‘(1) IN GENERAL.—From amounts made available under

section 4003(2) to carry out this subpart, the Secretary, in

20 USC 7134.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1755

consultation with the Advisory Committee, shall carry out scientifically based research programs to strengthen the accountability and effectiveness of the State, chief executive officer’s,

and national programs under this part.

‘‘(2) GRANTS, CONTRACTS OR COOPERATIVE AGREEMENTS.—

The Secretary shall carry out paragraph (1) directly or through

grants, contracts, or cooperative agreements with public and

private entities and individuals or through agreements with

other Federal agencies.

‘‘(3) COORDINATION.—The Secretary shall coordinate programs under this section with other appropriate Federal activities.

‘‘(4) ACTIVITIES.—Activities that may be carried out under

programs funded under this section may include—

‘‘(A) the provision of technical assistance and training,

in collaboration with other Federal agencies utilizing their

expertise and national and regional training systems, for

Governors, State educational agencies and local educational

agencies to support high quality, effective programs that—

‘‘(i) provide a thorough assessment of the substance

abuse and violence problem;

‘‘(ii) utilize objective data and the knowledge of

a wide range of community members;

‘‘(iii) develop measurable goals and objectives; and

‘‘(iv) implement scientifically based research activities that have been shown to be effective and that

meet identified needs;

‘‘(B) the provision of technical assistance and training

to foster program accountability;

‘‘(C) the diffusion and dissemination of best practices

and programs;

‘‘(D) the development of core data sets and evaluation

tools;

‘‘(E) program evaluations;

‘‘(F) the provision of information on drug abuse education and prevention to the Secretary of Health and

Human Services for dissemination by the clearinghouse

for alcohol and drug abuse information established under

section 501(d)(16) of the Public Health Service Act; and

‘‘(G) other activities that meet unmet needs related

to the purpose of this part and that are undertaken in

consultation with the Advisory Committee.

‘‘SEC. 4125. NATIONAL COORDINATOR PROGRAM.

‘‘(a) IN GENERAL.—From funds made available to carry out

this subpart under section 4003(2), the Secretary may provide for

the establishment of a National Coordinator Program under which

the Secretary shall award grants to local educational agencies for

the hiring of drug prevention and school safety program coordinators.

‘‘(b) USE OF FUNDS.—Amounts received under a grant under

subsection (a) shall be used by local educational agencies to recruit,

hire, and train individuals to serve as drug prevention and school

safety program coordinators in schools with significant drug and

school safety problems. Such coordinators shall be responsible for

developing, conducting, and analyzing assessments of drug and

20 USC 7135.

115 STAT. 1756 PUBLIC LAW 107–110—JAN. 8, 2002

crime problems at their schools, and administering the safe and

drug-free grant program at such schools.

‘‘SEC. 4126. COMMUNITY SERVICE GRANT PROGRAM.

‘‘(a) IN GENERAL.—From funds made available to carry out

this subpart under section 4003(2), the Secretary may make grants

to States to carry out programs under which students expelled

or suspended from school are required to perform community

service. ‘‘(b) ALLOCATION.—From the amount described in subsection

(a), the Secretary shall allocate among the States— ‘‘(1) one-half according to the ratio between the schoolaged population of each State and the school-aged population

of all the States; and ‘‘(2) one-half according to the ratio between the amount

each State received under section 1124A for the preceding

year and the sum of such amounts received by all the States.

‘‘(c) MINIMUM.—For any fiscal year, no State shall be allotted

under this section an amount that is less than one-half of 1 percent

of the total amount allotted to all the States under this section.

‘‘(d) REALLOTMENT.—The Secretary may reallot any amount

of any allotment to a State if the Secretary determines that the

State will be unable to use such amount within 2 years of such

allotment. Such reallotments shall be made on the same basis

as allotments are made under subsection (b).

‘‘(e) DEFINITION.—In this section, the term ‘State’ means each

of the 50 States, the District of Columbia, and the Commonwealth

of Puerto Rico.

‘‘SEC. 4127. SCHOOL SECURITY TECHNOLOGY AND RESOURCE CENTER.

‘‘(a) CENTER.—From funds made available to carry out this

subpart under section 4003(2), the Secretary, the Attorney General,

and the Secretary of Energy may enter into an agreement for

the establishment at the Sandia National Laboratories, in partnership with the National Law Enforcement and Corrections Technology Center—Southeast and the National Center for Rural Law

Enforcement in Little Rock, Arkansas, of a center to be known

as the ‘School Security Technology and Resource Center’ (hereafter

in this section ‘the Center’). ‘‘(b) ADMINISTRATION.—The Center established under subsection

(a) shall be administered by the Attorney General. ‘‘(c) FUNCTIONS.—The center established under subsection (a)

shall be a resource to local educational agencies for school security

assessments, security technology development, evaluation and

implementation, and technical assistance relating to improving

school security. The Center will also conduct and publish school

violence research, coalesce data from victim communities, and monitor and report on schools that implement school security strategies.

‘‘SEC. 4128. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY.

‘‘(a) ESTABLISHMENT.—From funds made available to carry out

this subpart under section 4003(2), the Secretary of Education

and the Attorney General may jointly establish a National Center

for School and Youth Safety (in this section referred to as the

‘Center’). The Secretary of Education and the Attorney General

may establish the Center at an existing facility, if the facility

has a history of performing two or more of the duties described

in subsection (b). The Secretary of Education and the Attorney

20 USC 7138.

Publication.

Reports.

Establishment.

20 USC 7137.

20 USC 7136.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1757

General shall jointly appoint a Director of the Center to oversee

the operation of the Center. ‘‘(b) DUTIES.—The Center shall carry out emergency response,

anonymous student hotline, consultation, and information and outreach activities with respect to elementary and secondary school

safety, including the following: ‘‘(1) EMERGENCY RESPONSE.—The staff of the Center, and

such temporary contract employees as the Director of the

Center shall determine necessary, shall offer emergency assistance to local communities to respond to school safety crises.

Such assistance shall include counseling for victims and the

community, assistance to law enforcement to address shortterm security concerns, and advice on how to enhance school

safety, prevent future incidents, and respond to future

incidents. ‘‘(2) ANONYMOUS STUDENT HOTLINE.—The Center shall

establish a toll-free telephone number for students to report

criminal activity, threats of criminal activity, and other highrisk behaviors such as substance abuse, gang or cult affiliation,

depression, or other warning signs of potentially violent

behavior. The Center shall relay the reports, without attribution, to local law enforcement or appropriate school hotlines.

The Director of the Center shall work with the Attorney General

to establish guidelines for Center staff to work with law enforcement around the Nation to relay information reported through

the hotline. ‘‘(3) CONSULTATION.—The Center shall establish a toll-free

number for the public to contact staff of the Center for consultation regarding school safety. The Director of the Center shall

hire administrative staff and individuals with expertise in

enhancing school safety, including individuals with backgrounds in counseling and psychology, education, law enforcement and criminal justice, and community development to

assist in the consultation.

‘‘(4) INFORMATION AND OUTREACH.—The Center shall compile information about the best practices in school violence

prevention, intervention, and crisis management, and shall

serve as a clearinghouse for model school safety program

information. The staff of the Center shall work to ensure local

governments, school officials, parents, students, and law

enforcement officials and agencies are aware of the resources,

grants, and expertise available to enhance school safety and

prevent school crime. The staff of the Center shall give special

attention to providing outreach to rural and impoverished

communities.

‘‘SEC. 4129. GRANTS TO REDUCE ALCOHOL ABUSE.

‘‘(a) IN GENERAL.—The Secretary, in consultation with the

Administrator of the Substance Abuse and Mental Health Services

Administration, may award grants from funds made available to

carry out this subpart under section 4003(2), on a competitive

basis, to local educational agencies to enable such agencies to

develop and implement innovative and effective programs to reduce

alcohol abuse in secondary schools.

‘‘(b) ELIGIBILITY.—To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit

to the Secretary an application at such time, in such manner,

20 USC 7139.

115 STAT. 1758 PUBLIC LAW 107–110—JAN. 8, 2002

and containing such information as the Secretary may require,

including—

‘‘(1) a description of the activities to be carried out under

the grant;

‘‘(2) an assurance that such activities will include one or

more of the proven strategies for reducing underage alcohol

abuse as determined by the Substance Abuse and Mental

Health Services Administration;

‘‘(3) an explanation of how activities to be carried out

under the grant that are not described in paragraph (2) will

be effective in reducing underage alcohol abuse, including references to the past effectiveness of such activities;

‘‘(4) an assurance that the applicant will submit to the

Secretary an annual report concerning the effectiveness of the

programs and activities funded under the grant; and

‘‘(5) such other information as the Secretary determines

appropriate.

‘‘(c) STREAMLINING OF PROCESS FOR LOW-INCOME AND RURAL

LEAS.—The Secretary, in consultation with the Administrator of

the Substance Abuse and Mental Health Services Administration,

shall develop procedures to make the application process for grants

under this section more user-friendly, particularly for low-income

and rural local educational agencies.

‘‘(d) RESERVATIONS.—

‘‘(1) SAMHSA.—The Secretary may reserve 20 percent of

any amount used to carry out this section to enable the

Administrator of the Substance Abuse and Mental Health Services Administration to provide alcohol abuse resources and

start-up assistance to local educational agencies receiving

grants under this section.

‘‘(2) LOW-INCOME AND RURAL AREAS.—The Secretary may

reserve 25 percent of any amount used to carry out this section

to award grants to low-income and rural local educational agencies.

‘‘SEC. 4130. MENTORING PROGRAMS.

‘‘(a) PURPOSE; DEFINITIONS.—

‘‘(1) PURPOSE.—The purpose of this section is to make

assistance available to promote mentoring programs for children with greatest need—

‘‘(A) to assist such children in receiving support and

guidance from a mentor;

‘‘(B) to improve the academic achievement of such children;

‘‘(C) to improve interpersonal relationships between

such children and their peers, teachers, other adults, and

family members;

‘‘(D) to reduce the dropout rate of such children; and

‘‘(E) to reduce juvenile delinquency and involvement

in gangs by such children.

‘‘(2) DEFINITIONS.—In this part:

‘‘(A) CHILD WITH GREATEST NEED.—The term ‘child with

greatest need’ means a child who is at risk of educational

failure, dropping out of school, or involvement in criminal

or delinquent activities, or who lacks strong positive role

models.

20 USC 7140.

Procedures.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1759

‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—

‘‘(i) a local educational agency;

‘‘(ii) a nonprofit, community-based organization; or

‘‘(iii) a partnership between a local educational

agency and a nonprofit, community-based organization.

‘‘(C) MENTOR.—The term ‘mentor’ means a responsible

adult, a postsecondary school student, or a secondary school

student who works with a child— ‘‘(i) to provide a positive role model for the child;

‘‘(ii) to establish a supportive relationship with

the child; and ‘‘(iii) to provide the child with academic assistance

and exposure to new experiences and examples of

opportunity that enhance the ability of the child to

become a responsible adult.

‘‘(D) STATE.—The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth

of Puerto Rico, the United States Virgin Islands, Guam,

American Samoa, and the Commonwealth of the Northern

Mariana Islands.

‘‘(b) GRANT PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary may award grants from

funds made available to carry out this subpart under section

4003(2) to eligible entities to assist such entities in establishing

and supporting mentoring programs and activities for children

with greatest need that—

‘‘(A) are designed to link such children (particularly

children living in rural areas, high-crime areas, or troubled

home environments, or children experiencing educational

failure) with mentors who—

‘‘(i) have received training and support in mentoring;

‘‘(ii) have been screened using appropriate reference checks, child and domestic abuse record checks,

and criminal background checks; and

‘‘(iii) are interested in working with children with

greatest need; and

‘‘(B) are intended to achieve one or more of the following goals with respect to children with greatest need:

‘‘(i) Provide general guidance.

‘‘(ii) Promote personal and social responsibility.

‘‘(iii) Increase participation in, and enhance the

ability to benefit from, elementary and secondary education.

‘‘(iv) Discourage illegal use of drugs and alcohol,

violence, use of dangerous weapons, promiscuous

behavior, and other criminal, harmful, or potentially

harmful activity.

‘‘(v) Encourage participation in community service

and community activities.

‘‘(vi) Encourage setting goals and planning for the

future, including encouragement of graduation from

secondary school and planning for postsecondary education or training.

‘‘(viii) Discourage involvement in gangs.

‘‘(2) USE OF FUNDS.—

115 STAT. 1760 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) IN GENERAL.—Each eligible entity awarded a grant

under this subsection shall use the grant funds for activities

that establish or implement a mentoring program, that

may include—

‘‘(i) hiring of mentoring coordinators and support

staff;

‘‘(ii) providing for the professional development of

mentoring coordinators and support staff;

‘‘(iii) recruitment, screening, and training of mentors;

‘‘(iv) reimbursement to schools, if appropriate, for

the use of school materials or supplies in carrying

out the mentoring program;

‘‘(v) dissemination of outreach materials;

‘‘(vi) evaluation of the mentoring program using

scientifically based methods; and

‘‘(vii) such other activities as the Secretary may

reasonably prescribe by rule.

‘‘(B) PROHIBITED USES.—Notwithstanding subparagraph (A), an eligible entity awarded a grant under this

section may not use the grant funds—

‘‘(i) to directly compensate mentors;

‘‘(ii) to obtain educational or other materials or

equipment that would otherwise be used in the ordinary course of the eligible entity’s operations;

‘‘(iii) to support litigation of any kind; or

‘‘(iv) for any other purpose reasonably prohibited

by the Secretary by rule.

‘‘(3) AVAILABILITY OF FUNDS.—Funds made available

through a grant under this section shall be available for obligation for a period not to exceed 3 years.

‘‘(4) APPLICATION.—Each eligible entity seeking a grant

under this section shall submit to the Secretary an application

that includes—

‘‘(A) a description of the plan for the mentoring program the eligible entity proposes to carry out with such

grant;

‘‘(B) information on the children expected to be served

by the mentoring program for which such grant is sought;

‘‘(C) a description of the mechanism the eligible entity

will use to match children with mentors based on the

needs of the children;

‘‘(D) an assurance that no mentor will be assigned

to mentor so many children that the assignment will undermine the mentor’s ability to be an effective mentor or

the mentor’s ability to establish a close relationship (a

one-to-one relationship, where practicable) with each

mentored child;

‘‘(E) an assurance that the mentoring program will

provide children with a variety of experiences and support,

including—

‘‘(i) emotional support;

‘‘(ii) academic assistance; and

‘‘(iii) exposure to experiences that the children

might not otherwise encounter on their own;

‘‘(F) an assurance that the mentoring program will

be monitored to ensure that each child assigned a mentor

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1761

benefits from that assignment and that the child will be

assigned a new mentor if the relationship between the

original mentor and the child is not beneficial to the child; ‘‘(G) information regarding how mentors and children

will be recruited to the mentoring program;

‘‘(H) information regarding how prospective mentors

will be screened;

‘‘(I) information on the training that will be provided

to mentors; and

‘‘(J) information on the system that the eligible entity

will use to manage and monitor information relating to

the mentoring program’s—

‘‘(i) reference checks;

‘‘(ii) child and domestic abuse record checks;

‘‘(iii) criminal background checks; and

‘‘(iv) procedure for matching children with mentors.

‘‘(5) SELECTION.—

‘‘(A) COMPETITIVE BASIS.—In accordance with this subsection, the Secretary shall award grants to eligible entities

on a competitive basis.

‘‘(B) PRIORITY.—In awarding grants under subparagraph (A), the Secretary shall give priority to each eligible

entity that—

‘‘(i) serves children with greatest need living in

rural areas, high-crime areas, or troubled home

environments, or who attend schools with violence

problems;

‘‘(ii) provides high quality background screening

of mentors, training of mentors, and technical assistance in carrying out mentoring programs; or

‘‘(iii) proposes a school-based mentoring program.

‘‘(C) OTHER CONSIDERATIONS.—In awarding grants

under subparagraph (A), the Secretary shall also consider—

‘‘(i) the degree to which the location of the mentoring program proposed by each eligible entity contributes to a fair distribution of mentoring programs with

respect to urban and rural locations;

‘‘(ii) the quality of the mentoring program proposed

by each eligible entity, including—

‘‘(I) the resources, if any, the eligible entity

will dedicate to providing children with opportunities for job training or postsecondary education;

‘‘(II) the degree to which parents, teachers,

community-based organizations, and the local

community have participated, or will participate,

in the design and implementation of the proposed

mentoring program;

‘‘(III) the degree to which the eligible entity

can ensure that mentors will develop longstanding

relationships with the children they mentor;

‘‘(IV) the degree to which the mentoring program will serve children with greatest need in

the 4th through 8th grades; and

‘‘(V) the degree to which the mentoring program will continue to serve children from the 9th

grade through graduation from secondary school,

as needed; and

115 STAT. 1762 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(iii) the capability of each eligible entity to effectively implement its mentoring program.

‘‘(D) GRANT TO EACH STATE.—Notwithstanding any

other provision of this subsection, in awarding grants under

subparagraph (A), the Secretary shall select not less than

one grant recipient from each State for which there is

an eligible entity that submits an application of sufficient

quality pursuant to paragraph (4).

‘‘(6) MODEL SCREENING GUIDELINES.— ‘‘(A) IN GENERAL.—Based on model screening guidelines

developed by the Office of Juvenile Programs of the Department of Justice, the Secretary shall develop and distribute

to each eligible entity awarded a grant under this section

specific model guidelines for the screening of mentors who

seek to participate in mentoring programs assisted under

this section.

‘‘(B) BACKGROUND CHECKS.—The guidelines developed

under this subsection shall include, at a minimum, a

requirement that potential mentors be subject to reference

checks, child and domestic abuse record checks, and

criminal background checks.

‘‘Subpart 3—Gun Possession

‘‘SEC. 4141. GUN-FREE REQUIREMENTS.

‘‘(a) SHORT TITLE.—This subpart may be cited as the ‘GunFree Schools Act’.

‘‘(b) REQUIREMENTS.—

‘‘(1) IN GENERAL.—Each State receiving Federal funds

under any title of this Act shall have in effect a State law

requiring local educational agencies to expel from school for

a period of not less than 1 year a student who is determined

to have brought a firearm to a school, or to have possessed

a firearm at a school, under the jurisdiction of local educational

agencies in that State, except that such State law shall allow

the chief administering officer of a local educational agency

to modify such expulsion requirement for a student on a caseby-case basis if such modification is in writing.

‘‘(2) CONSTRUCTION.—Nothing in this subpart shall be construed to prevent a State from allowing a local educational

agency that has expelled a student from such a student’s regular school setting from providing educational services to such

student in an alternative setting.

‘‘(3) DEFINITION.—For the purpose of this section, the term

‘firearm’ has the same meaning given such term in section

921(a) of title 18, United States Code.

‘‘(c) SPECIAL RULE.—The provisions of this section shall be

construed in a manner consistent with the Individuals with Disabilities Education Act.

‘‘(d) REPORT TO STATE.—Each local educational agency

requesting assistance from the State educational agency that is

to be provided from funds made available to the State under any

title of this Act shall provide to the State, in the application

requesting such assistance—

‘‘(1) an assurance that such local educational agency is

in compliance with the State law required by subsection (b);

and

20 USC 7151.

Gun-Free Schools

Act.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1763

‘‘(2) a description of the circumstances surrounding any

expulsions imposed under the State law required by subsection

(b), including— ‘‘(A) the name of the school concerned;

‘‘(B) the number of students expelled from such school;

and

‘‘(C) the type of firearms concerned.

‘‘(e) REPORTING.—Each State shall report the information

described in subsection (d) to the Secretary on an annual basis.

‘‘(f) DEFINITION.—For the purpose of subsection (d), the term

‘school’ means any setting that is under the control and supervision

of the local educational agency for the purpose of student activities

approved and authorized by the local educational agency.

‘‘(g) EXCEPTION.—Nothing in this section shall apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local

educational agency and the local educational agency adopts appropriate safeguards to ensure student safety.

‘‘(h) POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.—

‘‘(1) IN GENERAL.—No funds shall be made available under

any title of this Act to any local educational agency unless

such agency has a policy requiring referral to the criminal

justice or juvenile delinquency system of any student who

brings a firearm or weapon to a school served by such agency.

‘‘(2) DEFINITION.—For the purpose of this subsection, the

term ‘school’ has the same meaning given to such term by

section 921(a) of title 18, United States Code.

‘‘Subpart 4—General Provisions

‘‘SEC. 4151. DEFINITIONS.

‘‘In this part:

‘‘(1) CONTROLLED SUBSTANCE.—The term ‘controlled substance’ means a drug or other substance identified under

Schedule I, II, III, IV, or V in section 202(c) of the Controlled

Substances Act (21 U.S.C. 812(c)).

‘‘(2) DRUG.—The term ‘drug’ includes controlled substances;

the illegal use of alcohol and tobacco; and the harmful, abusive,

or addictive use of substances, including inhalants and anabolic

steroids.

‘‘(3) DRUG AND VIOLENCE PREVENTION.—The term ‘drug and

violence prevention’ means—

‘‘(A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the

illegal use of drugs;

‘‘(B) with respect to violence, the promotion of school

safety, such that students and school personnel are free

from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and

from school, and at school-sponsored activities, through

the creation and maintenance of a school environment that

is free of weapons and fosters individual responsibility

and respect for the rights of others.

‘‘(4) HATE CRIME.—The term ‘hate crime’ means a crime

as described in section 1(b) of the Hate Crime Statistics Act

of 1990.

20 USC 7161.

115 STAT. 1764 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(5) NONPROFIT.—The term ‘nonprofit’, as applied to a

school, agency, organization, or institution means a school,

agency, organization, or institution owned and operated by

one or more nonprofit corporations or associations, no part

of the net earnings of which inures, or may lawfully inure,

to the benefit of any private shareholder or individual.

‘‘(6) PROTECTIVE FACTOR, BUFFER, OR ASSET.—The terms

‘protective factor’, ‘buffer’, and ‘asset’ mean any one of a number

of the community, school, family, or peer-individual domains

that are known, through prospective, longitudinal research

efforts, or which are grounded in a well-established theoretical

model of prevention, and have been shown to prevent alcohol,

tobacco, or illegal drug use, as well as violent behavior, by

youth in the community, and which promote positive youth

development.

‘‘(7) RISK FACTOR.—The term ‘risk factor’ means any one

of a number of characteristics of the community, school, family,

or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of alcohol,

tobacco, and illegal drug use, as well as violent behavior, by

youth in the school and community.

‘‘(8) SCHOOL-AGED POPULATION.—The term ‘school-aged

population’ means the population aged five through 17, as

determined by the Secretary on the basis of the most recent

satisfactory data available from the Department of Commerce.

‘‘(9) SCHOOL BASED MENTAL HEALTH SERVICES PROVIDER.—

The term ‘school based mental health services provider’ includes

a State licensed or State certified school counselor, school

psychologist, school social worker, or other State licensed or

certified mental health professional qualified under State law

to provide such services to children and adolescents.

‘‘(10) SCHOOL PERSONNEL.—The term ‘school personnel’

includes teachers, principals, administrators, counselors, social

workers, psychologists, nurses, librarians, and other support

staff who are employed by a school or who perform services

for the school on a contractual basis.

‘‘(11) SCHOOL RESOURCE OFFICER.—The term ‘school

resource officer’ means a career law enforcement officer, with

sworn authority, deployed in community oriented policing, and

assigned by the employing police department to a local educational agency to work in collaboration with schools and

community based organizations to—

‘‘(A) educate students in crime and illegal drug use

prevention and safety;

‘‘(B) develop or expand community justice initiatives

for students; and

‘‘(C) train students in conflict resolution, restorative

justice, and crime and illegal drug use awareness.

‘‘SEC. 4152. MESSAGE AND MATERIALS.

‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug and violence

prevention programs supported under this part shall convey a clear

and consistent message that the illegal use of drugs and acts

of violence are wrong and harmful.

‘‘(b) CURRICULUM.—The Secretary shall not prescribe the use

of specific curricula for programs supported under this part.

20 USC 7162.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1765

‘‘SEC. 4153. PARENTAL CONSENT.

‘‘Upon receipt of written notification from the parents or legal

guardians of a student, the local educational agency shall withdraw

such student from any program or activity funded under this part.

The local educational agency shall make reasonable efforts to inform

parents or legal guardians of the content of such programs or

activities funded under this part, other than classroom instruction.

‘‘SEC. 4154. PROHIBITED USES OF FUNDS.

‘‘No funds under this part may be used for— ‘‘(1) construction (except for minor remodeling needed to

accomplish the purposes of this part); or

‘‘(2) medical services, drug treatment or rehabilitation,

except for pupil services or referral to treatment for students

who are victims of, or witnesses to, crime or who illegally

use drugs.

‘‘SEC. 4155. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

‘‘(a) NONAPPLICATION OF PROVISIONS.—This section shall not

apply to any disciplinary records with respect to a suspension

or expulsion that are transferred from a private, parochial or other

nonpublic school, person, institution, or other entity, that provides

education below the college level.

‘‘(b) DISCIPLINARY RECORDS.—In accordance with the Family

Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g),

not later than 2 years after the date of enactment of this part,

each State receiving Federal funds under this Act shall provide

an assurance to the Secretary that the State has a procedure

in place to facilitate the transfer of disciplinary records, with respect

to a suspension or expulsion, by local educational agencies to any

private or public elementary school or secondary school for any

student who is enrolled or seeks, intends, or is instructed to enroll,

on a full- or part-time basis, in the school.

‘‘PART B—21ST CENTURY COMMUNITY

LEARNING CENTERS

‘‘SEC. 4201. PURPOSE; DEFINITIONS.

‘‘(a) PURPOSE.—The purpose of this part is to provide opportunities for communities to establish or expand activities in community

learning centers that—

‘‘(1) provide opportunities for academic enrichment,

including providing tutorial services to help students, particularly students who attend low-performing schools, to meet State

and local student academic achievement standards in core academic subjects, such as reading and mathematics;

‘‘(2) offer students a broad array of additional services,

programs, and activities, such as youth development activities,

drug and violence prevention programs, counseling programs,

art, music, and recreation programs, technology education programs, and character education programs, that are designed

to reinforce and complement the regular academic program

of participating students; and

‘‘(3) offer families of students served by community learning

centers opportunities for literacy and related educational

development.

‘‘(b) DEFINITIONS.—In this part:

20 USC 7171.

Deadline.

Procedures.

20 USC 7165.

20 USC 7164.

20 USC 7163.

115 STAT. 1766 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) COMMUNITY LEARNING CENTER.—The term ‘community

learning center’ means an entity that— ‘‘(A) assists students in meeting State and local academic achievement standards in core academic subjects,

such as reading and mathematics, by providing the students with opportunities for academic enrichment activities

and a broad array of other activities (such as drug and

violence prevention, counseling, art, music, recreation, technology, and character education programs) during nonschool hours or periods when school is not in session (such

as before and after school or during summer recess) that

reinforce and complement the regular academic programs

of the schools attended by the students served; and

‘‘(B) offers families of students served by such center

opportunities for literacy and related educational development.

‘‘(2) COVERED PROGRAM.—The term ‘covered program’

means a program for which—

‘‘(A) the Secretary made a grant under part I of title

X (as such part was in effect on the day before the date

of enactment of the No Child Left Behind Act of 2001);

and

‘‘(B) the grant period had not ended on that date of

enactment.

‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a

local educational agency, community-based organization,

another public or private entity, or a consortium of two or

more of such agencies, organizations, or entities.

‘‘(4) STATE.—The term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

‘‘SEC. 4202. ALLOTMENTS TO STATES.

‘‘(a) RESERVATION.—From the funds appropriated under section

4206 for any fiscal year, the Secretary shall reserve— ‘‘(1) such amount as may be necessary to make continuation

awards to grant recipients under covered programs (under the

terms of those grants);

‘‘(2) not more than 1 percent for national activities, which

the Secretary may carry out directly or through grants and

contracts, such as providing technical assistance to eligible

entities carrying out programs under this part or conducting

a national evaluation; and

‘‘(3) not more than 1 percent for payments to the outlying

areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective needs for assistance under this part,

as determined by the Secretary, to enable the outlying areas

and the Bureau to carry out the purpose of this part.

‘‘(b) STATE ALLOTMENTS.—

‘‘(1) DETERMINATION.—From the funds appropriated under

section 4206 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary

shall allot to each State for the fiscal year an amount that

bears the same relationship to the remainder as the amount

the State received under subpart 2 of part A of title I for

the preceding fiscal year bears to the amount all States received

under that subpart for the preceding fiscal year, except that

20 USC 7172.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1767

no State shall receive less than an amount equal to one-half

of 1 percent of the total amount made available to all States

under this subsection.

‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a State does not

receive an allotment under this part for a fiscal year, the

Secretary shall reallot the amount of the State’s allotment

to the remaining States in accordance with this section.

‘‘(c) STATE USE OF FUNDS.—

‘‘(1) IN GENERAL.—Each State that receives an allotment

under this part shall reserve not less than 95 percent of the

amount allotted to such State under subsection (b), for each

fiscal year for awards to eligible entities under section 4204.

‘‘(2) STATE ADMINISTRATION.—A State educational agency

may use not more than 2 percent of the amount made available

to the State under subsection (b) for—

‘‘(A) the administrative costs of carrying out its responsibilities under this part;

‘‘(B) establishing and implementing a peer review

process for grant applications described in section 4204(b)

(including consultation with the Governor and other State

agencies responsible for administering youth development

programs and adult learning activities); and

supervising the awarding of funds to eligible entities

(in consultation with the Governor and other State agencies

responsible for administering youth development programs

and adult learning activities).

‘‘(3) STATE ACTIVITIES.—A State educational agency may

use not more than 3 percent of the amount made available

to the State under subsection (b) for the following activities:

‘‘(A) Monitoring and evaluation of programs and activities assisted under this part.

‘‘(B) Providing capacity building, training, and technical assistance under this part.

‘‘(C) Comprehensive evaluation (directly, or through

a grant or contract) of the effectiveness of programs and

activities assisted under this part.

‘‘(D) Providing training and technical assistance to

eligible entities who are applicants for or recipients of

awards under this part.

‘‘SEC. 4203. STATE APPLICATION.

‘‘(a) IN GENERAL.—In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary,

at such time as the Secretary may require, an application that—

‘‘(1) designates the State educational agency as the agency

responsible for the administration and supervision of programs

assisted under this part;

‘‘(2) describes how the State educational agency will use

funds received under this part, including funds reserved for

State-level activities;

‘‘(3) contains an assurance that the State educational

agency will make awards under this part only to eligible entities

that propose to serve—

‘‘(A) students who primarily attend—

‘‘(i) schools eligible for schoolwide programs under

section 1114; or

20 USC 7173.

115 STAT. 1768 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) schools that serve a high percentage of students from low-income families; and

‘‘(B) the families of students described in subparagraph

(A);

‘‘(4) describes the procedures and criteria the State educational agency will use for reviewing applications and

awarding funds to eligible entities on a competitive basis, which

shall include procedures and criteria that take into consideration the likelihood that a proposed community learning center

will help participating students meet local content and student

academic achievement standards;

‘‘(5) describes how the State educational agency will ensure

that awards made under this part are—

‘‘(A) of sufficient size and scope to support high-quality,

effective programs that are consistent with the purpose

of this part; and

‘‘(B) in amounts that are consistent with section

4204(h);

‘‘(6) describes the steps the State educational agency will

take to ensure that programs implement effective strategies,

including providing ongoing technical assistance and training,

evaluation, and dissemination of promising practices;

‘‘(7) describes how programs under this part will be coordinated with programs under this Act, and other programs as

appropriate;

‘‘(8) contains an assurance that the State educational

agency—

‘‘(A) will make awards for programs for a period of

not less than 3 years and not more than 5 years; and

‘‘(B) will require each eligible entity seeking such an

award to submit a plan describing how the community

learning center to be funded through the award will continue after funding under this part ends;

‘‘(9) contains an assurance that funds appropriated to carry

out this part will be used to supplement, and not supplant,

other Federal, State, and local public funds expended to provide

programs and activities authorized under this part and other

similar programs;

‘‘(10) contains an assurance that the State educational

agency will require eligible entities to describe in their applications under section 4204(b) how the transportation needs of

participating students will be addressed;

‘‘(11) provides an assurance that the application was developed in consultation and coordination with appropriate State

officials, including the chief State school officer, and other State

agencies administering before and after school (or summer

school) programs, the heads of the State health and mental

health agencies or their designees, and representatives of

teachers, parents, students, the business community, and

community-based organizations;

‘‘(12) describes the results of the State’s needs and

resources assessment for before and after school activities,

which shall be based on the results of on-going State evaluation

activities;

‘‘(13) describes how the State educational agency will

evaluate the effectiveness of programs and activities carried

out under this part, which shall include, at a minimum—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1769

‘‘(A) a description of the performance indicators and

performance measures that will be used to evaluate programs and activities; and ‘‘(B) public dissemination of the evaluations of programs and activities carried out under this part; and

‘‘(14) provides for timely public notice of intent to file

an application and an assurance that the application will be

available for public review after submission.

‘‘(b) DEEMED APPROVAL.—An application submitted by a State

educational agency pursuant to subsection (a) shall be deemed

to be approved by the Secretary unless the Secretary makes a

written determination, prior to the expiration of the 120-day period

beginning on the date on which the Secretary received the application, that the application is not in compliance with this part. ‘‘(c) DISAPPROVAL.—The Secretary shall not finally disapprove

the application, except after giving the State educational agency

notice and opportunity for a hearing. ‘‘(d) NOTIFICATION.—If the Secretary finds that the application

is not in compliance, in whole or in part, with this part, the

Secretary shall—

‘‘(1) give the State educational agency notice and an opportunity for a hearing; and

‘‘(2) notify the State educational agency of the finding of

noncompliance, and, in such notification, shall—

‘‘(A) cite the specific provisions in the application that

are not in compliance; and

‘‘(B) request additional information, only as to the noncompliant provisions, needed to make the application

compliant.

‘‘(e) RESPONSE.—If the State educational agency responds to

the Secretary’s notification described in subsection (d)(2) during

the 45-day period beginning on the date on which the agency

received the notification, and resubmits the application with the

requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the

later of—

‘‘(1) the expiration of the 45-day period beginning on the

date on which the application is resubmitted; or

‘‘(2) the expiration of the 120-day period described in subsection (b).

‘‘(f) FAILURE TO RESPOND.—If the State educational agency

does not respond to the Secretary’s notification described in subsection (d)(2) during the 45-day period beginning on the date on

which the agency received the notification, such application shall

be deemed to be disapproved.

‘‘SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM.

‘‘(a) IN GENERAL.—A State that receives funds under this part

for a fiscal year shall provide the amount made available under

section 4202(c)(1) to eligible entities for community learning centers

in accordance with this part. ‘‘(b) APPLICATION.—

‘‘(1) IN GENERAL.—To be eligible to receive an award under

this part, an eligible entity shall submit an application to

the State educational agency at such time, in such manner,

and including such information as the State educational agency

may reasonably require.

20 USC 7174.

115 STAT. 1770 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) CONTENTS.—Each application submitted under paragraph (1) shall include— ‘‘(A) a description of the before and after school or

summer recess activities to be funded, including—

‘‘(i) an assurance that the program will take place

in a safe and easily accessible facility;

‘‘(ii) a description of how students participating

in the program carried out by the community learning

center will travel safely to and from the center and

home; and

‘‘(iii) a description of how the eligible entity will

disseminate information about the community learning

center (including its location) to the community in

a manner that is understandable and accessible;

‘‘(B) a description of how the activity is expected to

improve student academic achievement;

‘‘(C) an identification of Federal, State, and local programs that will be combined or coordinated with the proposed program to make the most effective use of public

resources;

‘‘(D) an assurance that the proposed program was

developed, and will be carried out, in active collaboration

with the schools the students attend;

‘‘(E) a description of how the activities will meet the

principles of effectiveness described in section 4205(b);

‘‘(F) an assurance that the program will primarily target students who attend schools eligible for schoolwide

programs under section 1114 and the families of such students;

‘‘(G) an assurance that funds under this part will be

used to increase the level of State, local, and other nonFederal funds that would, in the absence of funds under

this part, be made available for programs and activities

authorized under this part, and in no case supplant Federal, State, local, or non-Federal funds;

‘‘(H) a description of the partnership between a local

educational agency, a community-based organization, and

another public entity or private entity, if appropriate;

‘‘(I) an evaluation of the community needs and available resources for the community learning center and a

description of how the program proposed to be carried

out in the center will address those needs (including the

needs of working families);

‘‘(J) a demonstration that the eligible entity has experience, or promise of success, in providing educational and

related activities that will complement and enhance the

academic performance, achievement, and positive youth

development of the students;

‘‘(K) a description of a preliminary plan for how the

community learning center will continue after funding

under this part ends;

‘‘(L) an assurance that the community will be given

notice of an intent to submit an application and that the

application and any waiver request will be available for

public review after submission of the application;

‘‘(M) if the eligible entity plans to use senior volunteers

in activities carried out through the community learning

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1771

center, a description of how the eligible entity will encourage and use appropriately qualified seniors to serve as

the volunteers; and ‘‘(N) such other information and assurances as the

State educational agency may reasonably require.

‘‘(c) APPROVAL OF CERTAIN APPLICATIONS.—The State educational agency may approve an application under this part for

a program to be located in a facility other than an elementary

school or secondary school only if the program will be at least

as available and accessible to the students to be served as if the

program were located in an elementary school or secondary school. ‘‘(d) PERMISSIVE LOCAL MATCH.— ‘‘(1) IN GENERAL.—A State educational agency may require

an eligible entity to match funds awarded under this part,

except that such match may not exceed the amount of the

grant award and may not be derived from other Federal or

State funds. ‘‘(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding fee scale

that takes into account—

‘‘(A) the relative poverty of the population to be targeted by the eligible entity; and

‘‘(B) the ability of the eligible entity to obtain such

matching funds.

‘‘(3) IN-KIND CONTRIBUTIONS.—Each State educational

agency that requires an eligible entity to match funds under

this subsection shall permit the eligible entity to provide all

or any portion of such match in the form of in-kind contributions.

‘‘(4) CONSIDERATION.—Notwithstanding this subsection, a

State educational agency shall not consider an eligible entity’s

ability to match funds when determining which eligible entities

will receive awards under this part.

‘‘(e) PEER REVIEW.—In reviewing local applications under this

section, a State educational agency shall use a peer review process

or other methods of assuring the quality of such applications.

‘‘(f) GEOGRAPHIC DIVERSITY.—To the extent practicable, a State

educational agency shall distribute funds under this part equitably

among geographic areas within the State, including urban and

rural communities.

‘‘(g) DURATION OF AWARDS.—Grants under this part may be

awarded for a period of not less than 3 years and not more than

5 years.

‘‘(h) AMOUNT OF AWARDS.—A grant awarded under this part

may not be made in an amount that is less than $50,000.

‘‘(i) PRIORITY.—

‘‘(1) IN GENERAL.—In awarding grants under this part,

a State educational agency shall give priority to applications—

‘‘(A) proposing to target services to students who attend

schools that have been identified as in need of improvement

under section 1116; and ‘‘(B) submitted jointly by eligible entities consisting

of not less than 1—

‘‘(i) local educational agency receiving funds under

part A of title I; and

‘‘(ii) community-based organization or other public

or private entity.

115 STAT. 1772 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) SPECIAL RULE.—The State educational agency shall

provide the same priority under paragraph (1) to an application

submitted by a local educational agency if the local educational

agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and

of sufficient quality to meet the requirements of this part.

‘‘SEC. 4205. LOCAL ACTIVITIES.

‘‘(a) AUTHORIZED ACTIVITIES.—Each eligible entity that receives

an award under this part may use the award funds to carry out

a broad array of before and after school activities (including during

summer recess periods) that advance student academic achievement, including—

‘‘(1) remedial education activities and academic enrichment

learning programs, including providing additional assistance

to students to allow the students to improve their academic

achievement;

‘‘(2) mathematics and science education activities;

‘‘(3) arts and music education activities;

‘‘(4) entrepreneurial education programs;

‘‘(5) tutoring services (including those provided by senior

citizen volunteers) and mentoring programs;

‘‘(6) programs that provide after school activities for limited

English proficient students that emphasize language skills and

academic achievement;

‘‘(7) recreational activities;

‘‘(8) telecommunications and technology education programs;

‘‘(9) expanded library service hours;

‘‘(10) programs that promote parental involvement and

family literacy;

‘‘(11) programs that provide assistance to students who

have been truant, suspended, or expelled to allow the students

to improve their academic achievement; and

‘‘(12) drug and violence prevention programs, counseling

programs, and character education programs.

‘‘(b) PRINCIPLES OF EFFECTIVENESS.—

‘‘(1) IN GENERAL.—For a program or activity developed

pursuant to this part to meet the principles of effectiveness,

such program or activity shall—

‘‘(A) be based upon an assessment of objective data

regarding the need for before and after school programs

(including during summer recess periods) and activities

in the schools and communities;

‘‘(B) be based upon an established set of performance

measures aimed at ensuring the availability of high quality

academic enrichment opportunities; and

‘‘(C) if appropriate, be based upon scientifically based

research that provides evidence that the program or activity

will help students meet the State and local student academic achievement standards.

‘‘(2) PERIODIC EVALUATION.—

‘‘(A) IN GENERAL.—The program or activity shall

undergo a periodic evaluation to assess its progress toward

achieving its goal of providing high quality opportunities

for academic enrichment.

20 USC 7175.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1773

‘‘(B) USE OF RESULTS.—The results of evaluations

under subparagraph (A) shall be— ‘‘(i) used to refine, improve, and strengthen the

program or activity, and to refine the performance

measures; and ‘‘(ii) made available to the public upon request,

with public notice of such availability provided.

‘‘SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated— ‘‘(1) $1,250,000,000 for fiscal year 2002;

‘‘(2) $1,500,000,000 for fiscal year 2003;

‘‘(3) $1,750,000,000 for fiscal year 2004;

‘‘(4) $2,000,000,000 for fiscal year 2005;

‘‘(5) $2,250,000,000 for fiscal year 2006; and

‘‘(6) $2,500,000,000 for fiscal year 2007.

‘‘PART C—ENVIRONMENTAL TOBACCO SMOKE

‘‘SEC. 4301. SHORT TITLE.

‘‘This part may be cited as the ‘Pro-Children Act of 2001’.

‘‘SEC. 4302. DEFINITIONS.

‘‘As used in this part: ‘‘(1) CHILDREN.—The term ‘children’ means individuals who

have not attained the age of 18. ‘‘(2) CHILDREN’S SERVICES.—The term ‘children’s services’ means the provision on a routine or regular basis of health,

day care, education, or library services— ‘‘(A) that are funded, after the date of enactment of

the No Child Left Behind Act of 2001, directly by the

Federal Government or through State or local governments,

by Federal grant, loan, loan guarantee, or contract

programs—

‘‘(i) administered by either the Secretary of Health

and Human Services or the Secretary of Education

(other than services provided and funded solely under

titles XVIII and XIX of the Social Security Act); or ‘‘(ii) administered by the Secretary of Agriculture

in the case of a clinic (as defined in part 246.2 of

title 7, Code of Federal Regulations (or any corresponding similar regulation or ruling)) under section

17(b)(6) of the Child Nutrition Act of 1966; or

‘‘(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds,

as determined by the appropriate head of a Federal agency

in any enforcement action carried out under this part,

except that nothing in clause (ii) of subparagraph (A) is

intended to include facilities (other than clinics) where coupons

are redeemed under the Child Nutrition Act of 1966. ‘‘(3) INDOOR FACILITY.—The term ‘indoor facility’ means

a building that is enclosed. ‘‘(4) PERSON.—The term ‘person’ means any State or local

subdivision of a State, agency of such State or subdivision,

corporation, or partnership that owns or operates or otherwise

controls and provides children’s services or any individual who

owns or operates or otherwise controls and provides such services.

20 USC 7182.

20 USC 7181.

Pro-Children Act

of 2001.

20 USC 7176.

Public

information.

Notice.

115 STAT. 1774 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary

of Health and Human Services.

‘‘SEC. 4303. NONSMOKING POLICY FOR CHILDREN’S SERVICES.

‘‘(a) PROHIBITION.—After the date of enactment of the No Child

Left Behind Act of 2001, no person shall permit smoking within

any indoor facility owned or leased or contracted for, and utilized,

by such person for provision of routine or regular kindergarten,

elementary, or secondary education or library services to children. ‘‘(b) ADDITIONAL PROHIBITION.— ‘‘(1) IN GENERAL.—After the date of enactment of the No

Child Left Behind Act of 2001, no person shall permit smoking

within any indoor facility (or portion of such a facility) owned

or leased or contracted for, and utilized by, such person for

the provision of regular or routine health care or day care

or early childhood development (Head Start) services. ‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to—

‘‘(A) any portion of such facility that is used for

inpatient hospital treatment of individuals dependent on,

or addicted to, drugs or alcohol; and

‘‘(B) any private residence.

‘‘(c) FEDERAL AGENCIES.—

‘‘(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION OR LIBRARY SERVICES.—After the date of enactment

of the No Child Left Behind Act of 2001, no Federal agency

shall permit smoking within any indoor facility in the United

States operated by such agency, directly or by contract, to

provide routine or regular kindergarten, elementary, or secondary education or library services to children.

‘‘(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD DEVELOPMENT SERVICES.—

‘‘(A) IN GENERAL.—After the date of enactment of the

No Child Left Behind Act of 2001, no Federal agency shall

permit smoking within any indoor facility (or portion of

such facility) operated by such agency, directly or by contract, to provide routine or regular health or day care

or early childhood development (Head Start) services to

children.

‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply

to—

‘‘(i) any portion of such facility that is used for

inpatient hospital treatment of individuals dependent

on, or addicted to, drugs or alcohol; and

‘‘(ii) any private residence.

‘‘(3) APPLICATION OF PROVISIONS.—The provisions of paragraph (2) shall also apply to the provision of such routine

or regular kindergarten, elementary or secondary education

or library services in the facilities described in paragraph (2)

not subject to paragraph (1).

‘‘(d) NOTICE.—The prohibitions in subsections (a) through (c)

shall be published in a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies)

and by such agency heads in funding arrangements involving the

provision of children’s services administered by such heads. Such

prohibitions shall be effective 90 days after such notice is published,

or 270 days after the date of enactment of the No Child Left

Behind Act of 2001, whichever occurs first.

Federal Register,

publication.

20 USC 7183.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1775

‘‘(e) CIVIL PENALTIES.— ‘‘(1) IN GENERAL.—Any failure to comply with a prohibition

in this section shall be considered to be a violation of this

section and any person subject to such prohibition who commits

such violation may be liable to the United States for a civil

penalty in an amount not to exceed $1,000 for each violation,

or may be subject to an administrative compliance order, or

both, as determined by the Secretary. Each day a violation

continues shall constitute a separate violation. In the case

of any civil penalty assessed under this section, the total

amount shall not exceed 50 percent of the amount of Federal

funds received under any title of this Act by such person

for the fiscal year in which the continuing violation occurred.

For the purpose of the prohibition in subsection (c), the term

‘person’, as used in this paragraph, shall mean the head of

the applicable Federal agency or the contractor of such agency

providing the services to children.

‘‘(2) ADMINISTRATIVE PROCEEDING.—A civil penalty may be

assessed in a written notice, or an administrative compliance

order may be issued under paragraph (1), by the Secretary

only after an opportunity for a hearing in accordance with

section 554 of title 5, United States Code. Before making such

assessment or issuing such order, or both, the Secretary shall

give written notice of the assessment or order to such person

by certified mail with return receipt and provide information

in the notice of an opportunity to request in writing, not later

than 30 days after the date of receipt of such notice, such

hearing. The notice shall reasonably describe the violation and

be accompanied with the procedures for such hearing and a

simple form that may be used to request such hearing if such

person desires to use such form. If a hearing is requested,

the Secretary shall establish by such certified notice the time

and place for such hearing, which shall be located, to the

greatest extent possible, at a location convenient to such person.

The Secretary (or the Secretary’s designee) and such person

may consult to arrange a suitable date and location where

appropriate.

‘‘(3) CIRCUMSTANCES AFFECTING PENALTY OR ORDER.—In

determining the amount of the civil penalty or the nature

of the administrative compliance order, the Secretary shall

take into account, as appropriate—

‘‘(A) the nature, circumstances, extent, and gravity of

the violation;

‘‘(B) with respect to the violator, any good faith efforts

to comply, the importance of achieving early and permanent

compliance, the ability to pay or comply, the effect of the

penalty or order on the ability to continue operation, any

prior history of the same kind of violation, the degree

of culpability, and any demonstration of willingness to

comply with the prohibitions of this section in a timely

manner; and

C) such other matters as justice may require.

‘‘(4) MODIFICATION.—The Secretary may, as appropriate,

compromise, modify, or remit, with or without conditions, any

civil penalty or administrative compliance order. In the case

of a civil penalty, the amount, as finally determined by the

Secretary or agreed upon in compromise, may be deducted

Notice.

Deadline.

115 STAT. 1776 PUBLIC LAW 107–110—JAN. 8, 2002

from any sums that the United States or the agencies or

instrumentalities of the United States owe to the person against

whom the penalty is assessed. ‘‘(5) PETITION FOR REVIEW.—Any person aggrieved by a

penalty assessed or an order issued, or both, by the Secretary

under this section may file a petition for judicial review of

the order with the United States Court of Appeals for the

District of Columbia Circuit or for any other circuit in which

the person resides or transacts business. Such person shall

provide a copy of the petition to the Secretary or the Secretary’s

designee. The petition shall be filed within 30 days after the

Secretary’s assessment or order, or both, are final and have

been provided to such person by certified mail. The Secretary

shall promptly provide to the court a certified copy of the

transcript of any hearing held under this section and a copy

of the notice or order. ‘‘(6) FAILURE TO COMPLY.—If a person fails to pay an assessment of a civil penalty or comply with an order, after the

assessment or order, or both, are final under this section,

or after a court has entered a final judgment under paragraph

(5) in favor of the Secretary, the Attorney General, at the

request of the Secretary, shall recover the amount of the civil

penalty (plus interest at prevailing rates from the day the

assessment or order, or both, are final) or enforce the order

in an action brought in the appropriate district court of the

United States. In such action, the validity and appropriateness

of the penalty or order or the amount of the penalty shall

not be subject to review.

‘‘SEC. 4304. PREEMPTION.

‘‘Nothing in this part is intended to preempt any provision

of law of a State or political subdivision of a State that is more

restrictive than a provision of this part.’’.

TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

SEC. 501. INNOVATIVE PROGRAMS AND PARENTAL CHOICE PROVISIONS.

Title V (20 U.S.C. 7201 et seq.) is amended to read as follows:

‘‘TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

‘‘PART A—INNOVATIVE PROGRAMS

‘‘SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY.

‘‘(a) PURPOSES.—The purposes of this part are the following: ‘‘(1) To support local education reform efforts that are consistent with and support statewide education reform efforts.

20 USC 7201.

20 USC 7184.

Records.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1777

‘‘(2) To provide funding to enable State educational agencies

and local educational agencies to implement promising educational reform programs and school improvement programs

based on scientifically based research.

‘‘(3) To provide a continuing source of innovation and educational improvement, including support programs to provide

library services and instructional and media materials.

‘‘(4) To meet the educational needs of all students, including

at-risk youth.

‘‘(5) To develop and implement education programs to

improve school, student, and teacher performance, including

professional development activities and class size reduction programs.

‘‘(b) STATE AND LOCAL RESPONSIBILITY.—The State educational

agency shall bear the basic responsibility for the administration

of funds made available under this part, but it is the intent of

Congress that the responsibility be carried out with a minimum

of paperwork and that the responsibility for the design and

implementation of programs assisted under this part be mainly

that of local educational agencies, school superintendents and principals, and classroom teachers and supporting personnel, because

local educational agencies and individuals have the most direct

contact with students and are most likely to be able to design

programs to meet the educational needs of students in their own

school districts.

‘‘Subpart 1—State and Local Programs

‘‘SEC. 5111. ALLOTMENT TO STATES.

‘‘(a) IN GENERAL.—From the sums appropriated to carry out

this part for each fiscal year and not reserved under subsection

(b), the Secretary shall allot, and make available in accordance

with this part, to each State educational agency an amount that

bears the same ratio to such sums as the school-age population

of the State bears to the school-age population of all States, except

that no State shall receive less than an amount equal to onehalf of 1 percent of such sums.

‘‘(b) RESERVATION.—From the sums appropriated to carry out

this part for each fiscal year, the Secretary shall reserve not more

than 1 percent for payments to the outlying areas, to be allotted

in accordance with their respective needs for assistance under this

part.

‘‘SEC. 5112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) DISTRIBUTION RULE.—

‘‘(1) ALLOCATION OF BASE AMOUNTS.—From the amount

made available to a State educational agency under this part

for a fiscal year, the State educational agency shall distribute,

to local educational agencies within the State, an amount that

is not less than 85 percent of the amount made available

to the State educational agency under this part for fiscal year

2002, according to the relative enrollments in public and in

private nonprofit schools within the jurisdictions of such local

educational agencies, adjusted, in accordance with criteria

20 USC 7211a.

20 USC 7211.

115 STAT. 1778 PUBLIC LAW 107–110—JAN. 8, 2002

approved by the Secretary, to provide higher per-pupil allocations to local educational agencies that have the greatest numbers or percentages of children whose education imposes a

higher-than-average cost per child, such as—

‘‘(A) children living in areas with high concentrations

of economically disadvantaged families;

‘‘(B) children from economically disadvantaged families;

and

‘‘(C) children living in sparsely populated areas.

‘‘(2) ALLOCATION OF INCREASED AMOUNTS.—From the

amount made available to a State educational agency under

this part for a fiscal year that exceeds the amount made available to the agency under this part for fiscal year 2002, the

State educational agency shall distribute 100 percent (or, in

the case of a State educational agency receiving a minimum

allotment under section 5111(a), not less than 50 percent, notwithstanding subsection (b)) to local educational agencies

within the State, on the same basis as the State educational

agency distributes amounts under paragraph (1).

‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more than 15 percent of funds made available under section 5111 for State programs

under this part for any fiscal year may be used for State administration under section 5121.

‘‘(c) CALCULATION OF ENROLLMENTS.—

‘‘(1) IN GENERAL.—The calculation of relative enrollments

under subsection (a)(1) shall be on the basis of the total of—

‘‘(A) the number of children enrolled in public schools;

and

‘‘(B) the number of children enrolled in private nonprofit schools that participated in programs assisted under

this part, for the fiscal year preceding the fiscal year for

which the determination is made.

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection

shall diminish the responsibility of each local educational

agency to contact, on an annual basis, appropriate officials

from private nonprofit schools within the areas served by such

agencies in order to determine whether such schools desire

that their children participate in programs assisted under this

part.

‘‘(3) ADJUSTMENTS.—

‘‘(A) STATE CRITERIA.—Relative enrollments calculated

under subsection (a)(1) shall be adjusted, in accordance

with criteria approved by the Secretary under subparagraph (B), to provide higher per-pupil allocations only to

local educational agencies that serve the greatest numbers

or percentages of—

‘‘(i) children living in areas with high concentrations of economically disadvantaged families;

‘‘(ii) children from economically disadvantaged

families; or

‘‘(iii) children living in sparsely populated areas.

‘‘(B) REVIEW OF CRITERIA.—The Secretary shall review

criteria submitted by a State educational agency for

adjusting allocations under paragraph (1) and shall approve

such criteria only if the Secretary determines that such

criteria are reasonably calculated to produce an adjusted

allocation that reflects the relative needs of the State’s

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1779

local educational agencies based on the factors set forth

in subparagraph (A).

‘‘(d) PAYMENT OF ALLOCATIONS.—

‘‘(1) DISTRIBUTION.—From the funds paid to a State educational agency under this subpart for a fiscal year, the State

educational agency shall distribute to each eligible local educational agency that has submitted an application as required

by section 5133 the amount of such local educational agency’s

allocation, as determined under subsection (a).

‘‘(2) ADDITIONAL FUNDS.—

‘‘(A) USE.—Additional funds resulting from higher perpupil allocations provided to a local educational agency

on the basis of adjusted enrollments of children described

in subsection (a)(1) may, in the discretion of the local

educational agency, be allocated for expenditures to provide

services for children enrolled in public schools and private

nonprofit schools in direct proportion to the number of

children described in subsection (a)(1) and enrolled in such

schools within the area served by the local educational

agency. ‘‘(B) ALLOCATION.—In any fiscal year, any local educational agency that elects to allocate such additional funds

in the manner described in subparagraph (A) shall allocate

all additional funds to schools within the area served by

the local educational agency in such manner.

‘‘(C) RULE OF CONSTRUCTION.—Subparagraphs (A) and

(B) may not be construed to require any school to limit

the use of the additional funds described in subparagraph

(A) to the provision of services to specific students or categories of students.

‘‘Subpart 2—State Programs

‘‘SEC. 5121. STATE USES OF FUNDS.

‘‘A State educational agency may use funds made available

for State use under section 5112(b) only for one or more of the

following:

‘‘(1) State administration of programs under this part,

including—

‘‘(A) allocating funds to local educational agencies;

‘‘(B) planning, supervising, and processing State educational agency funds; and

‘‘(C) monitoring and evaluating programs under this

part.

‘‘(2) Support for the planning, design, and initial

implementation of charter schools as described in part B.

‘‘(3) Statewide education reform, school improvement programs and technical assistance and direct grants to local educational agencies, which assist such agencies under section

5131.

‘‘(4) Support for the design and implementation of highquality yearly student assessments.

‘‘(5) Support for implementation of challenging State and

local academic achievement standards.

‘‘(6) Support for arrangements that provide for independent

analysis to measure and report on school district achievement.

20 USC 7213.

115 STAT. 1780 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(7) Support for the program described in section 321 of

the Departments of Labor, Health and Human Services, and

Education, and Related Agencies Appropriations Act, 2001 (as

enacted into law by section 1(a)(1) of Public Law 106–554).

‘‘(8) Support for programs to assist in the implementation

of the policy described in section 9507 which may include

payment of reasonable transportation costs and tuition costs

for such students.

‘‘SEC. 5122. STATE APPLICATIONS.

‘‘(a) APPLICATION REQUIREMENTS.—Any State that desires to

receive assistance under this part shall submit to the Secretary

an application that includes each of the following:

‘‘(1) Designation of the State educational agency as the

State agency responsible for administration and supervision

of programs assisted under this part.

‘‘(2) Provision for an annual statewide summary of how

assistance under this part is contributing toward improving

student academic achievement or improving the quality of education for students.

‘‘(3) Information setting forth the allocation of funds

required to implement section 5142.

‘‘(4) A provision that the State educational agency will

keep such records, and provide such information to the Secretary, as may be required for fiscal audit and program evaluation (consistent with the responsibilities of the Secretary under

this section).

‘‘(5) An assurance that, apart from providing technical and

advisory assistance and monitoring compliance with this part,

the State educational agency has not exercised, and will not

exercise, any influence in the decisionmaking processes of local

educational agencies as to the expenditure made pursuant to

an application submitted under section 5133.

‘‘(6) An assurance that there is compliance with the specific

requirements of this part.

‘‘(7) Provision for timely public notice and public dissemination of the information provided under paragraph (3).

‘‘(b) STATEWIDE SUMMARY.—The statewide summary referred

to in subsection (a)(2) shall be submitted annually to the Secretary

and shall be derived from the evaluation information submitted

by local educational agencies to the State educational agency under

section 5133(b)(8). The State educational agency shall determine

the format and content of such summary and may include in the

summary statistical measures, such as the number of students

served by each type of innovative assistance program described

in section 5131 and the number of teachers trained.

‘‘(c) PERIOD OF APPLICATION.—An application submitted by the

State educational agency under subsection (a) shall be for a period

not to exceed 3 years. The agency may amend the application

annually, as may be necessary to reflect changes, without filing

a new application.

‘‘(d) AUDIT RULE.—A local educational agency that receives

less than an average of $10,000 under this part for any 3 consecutive

fiscal years shall not be audited more frequently than once every

5 years.

20 USC 7213a.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1781

‘‘Subpart 3—Local Innovative Education

Programs

‘‘SEC. 5131. LOCAL USES OF FUNDS.

‘‘(a) INNOVATIVE ASSISTANCE PROGRAMS.—Funds made available to local educational agencies under section 5112 shall be used

for innovative assistance programs, which may include any of the

following:

‘‘(1) Programs to recruit, train, and hire highly qualified

teachers to reduce class size, especially in the early grades,

and professional development activities carried out in accordance with title II, that give teachers, principals, and administrators the knowledge and skills to provide students with the

opportunity to meet challenging State or local academic content

standards and student academic achievement standards.

‘‘(2) Technology activities related to the implementation

of school-based reform efforts, including professional development to assist teachers and other school personnel (including

school library media personnel) regarding how to use technology

effectively in the classrooms and the school library media centers involved.

‘‘(3) Programs for the development or acquisition and use

of instructional and educational materials, including library

services and materials (including media materials), academic

assessments, reference materials, computer software and hardware for instructional use, and other curricular materials that

are tied to high academic standards, that will be used to

improve student academic achievement, and that are part of

an overall education reform program.

‘‘(4) Promising education reform projects, including magnet

schools.

‘‘(5) Programs to improve the academic achievement of

educationally disadvantaged elementary school and secondary

school students, including activities to prevent students from

dropping out of school.

‘‘(6) Programs to improve the literacy skills of adults, especially the parents of children served by the local educational

agency, including adult education and family literacy programs.

‘‘(7) Programs to provide for the educational needs of gifted

and talented children.

‘‘(8) The planning, design, and initial implementation of

charter schools as described in part B.

‘‘(9) School improvement programs or activities under sections 1116 and 1117.

‘‘(10) Community service programs that use qualified school

personnel to train and mobilize young people to measurably

strengthen their communities through nonviolence, responsibility, compassion, respect, and moral courage.

‘‘(11) Activities to promote consumer, economic, and personal finance education, such as disseminating information on

and encouraging use of the best practices for teaching the

basic principles of economics and promoting the concept of

achieving financial literacy through the teaching of personal

financial management skills (including the basic principles

involved with earning, spending, saving, and investing).

20 USC 7215.

115 STAT. 1782 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(12) Activities to promote, implement, or expand public

school choice.

‘‘(13) Programs to hire and support school nurses.

‘‘(14) Expansion and improvement of school-based mental

health services, including early identification of drug use and

violence, assessment, and direct individual or group counseling

services provided to students, parents, and school personnel

by qualified school-based mental health services personnel.

‘‘(15) Alternative educational programs for those students

who have been expelled or suspended from their regular educational setting, including programs to assist students to

reenter the regular educational setting upon return from treatment or alternative educational programs.

‘‘(16) Programs to establish or enhance prekindergarten

programs for children.

‘‘(17) Academic intervention programs that are operated

jointly with community-based organizations and that support

academic enrichment, and counseling programs conducted

during the school day (including during extended school day

or extended school year programs), for students most at risk

of not meeting challenging State academic achievement standards or not completing secondary school.

‘‘(18) Programs for cardiopulmonary resuscitation (CPR)

training in schools.

‘‘(19) Programs to establish smaller learning communities.

‘‘(20) Activities that encourage and expand improvements

throughout the area served by the local educational agency

that are designed to advance student academic achievement.

‘‘(21) Initiatives to generate, maintain, and strengthen

parental and community involvement.

‘‘(22) Programs and activities that expand learning

opportunities through best-practice models designed to improve

classroom learning and teaching.

‘‘(23) Programs to provide same-gender schools and classrooms (consistent with applicable law).

‘‘(24) Service learning activities.

‘‘(25) School safety programs, including programs to implement the policy described in section 9507 and which may

include payment of reasonable transportation costs and tuition

costs for such students.

‘‘(26) Programs that employ research-based cognitive and

perceptual development approaches and rely on a diagnosticprescriptive model to improve students’ learning of academic

content at the preschool, elementary, and secondary levels.

‘‘(27) Supplemental educational services, as defined in section 1116(e).

‘‘(b) REQUIREMENTS.—The innovative assistance programs

described in subsection (a) shall be—

‘‘(1) tied to promoting challenging academic achievement

standards;

‘‘(2) used to improve student academic achievement; and

‘‘(3) part of an overall education reform strategy.

‘‘(c) GUIDELINES.—Not later than 120 days after the date of

enactment of the No Child Left Behind Act of 2001, the Secretary

shall issue guidelines for local educational agencies seeking funding

for programs described in subsection (a)(23).

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1783

‘‘SEC. 5132. ADMINISTRATIVE AUTHORITY.

‘‘In order to conduct the programs authorized by this part,

each State educational agency or local educational agency may

use funds made available under this part to make grants to, and

to enter into contracts with, local educational agencies, institutions

of higher education, libraries, museums, and other public and private nonprofit agencies, organizations, and institutions.

‘‘SEC. 5133. LOCAL APPLICATIONS.

‘‘(a) SUBMISSION OF APPLICATION.—A local educational agency

may receive an allocation of funds under this part for any year

for which the agency submits an application under this section

that the State educational agency certifies under subsection (b). ‘‘(b) CERTIFICATION AND CONTENTS OF APPLICATION.—The State

educational agency shall certify each application submitted under

subsection (a) that includes each of the following: ‘‘(1) A description of locally identified needs relative to

the purposes of this part and to the innovative assistance

programs described in section 5131. ‘‘(2) A statement that sets forth the planned allocation

of funds, based on the needs identified in subparagraph (A),

among innovative assistance programs described in section

5131, a description of the programs that the local educational

agency intends to support, and a description of the reasons

for the selection of such programs. ‘‘(3) Information setting forth the allocation of such funds

required to implement section 5142.

‘‘(4) A description of how assistance under this part will

contribute to improving student academic achievement or

improving the quality of education for students.

‘‘(5) An assurance that the local educational agency will

comply with this part, including the provisions of section 5142

concerning the participation of children enrolled in private nonprofit schools.

‘‘(6) An assurance that the local educational agency will

keep such records, and provide such information to the State

educational agency, as may be reasonably required for fiscal

audit and program evaluation (consistent with the responsibilities of the State educational agency under this part).

‘‘(7) Provision, in the allocation of funds for the assistance

authorized by this part and in the planning, design, and

implementation of such innovative assistance programs, for

systematic consultation with parents of children attending

elementary schools and secondary schools in the area served

by the local educational agency, with teachers and administrative personnel in such schools, and with such other groups

involved in the implementation of this part (such as librarians,

school counselors, and other pupil services personnel) as may

be considered appropriate by the local educational agency.

‘‘(8) An assurance that—

‘‘(A) programs carried out under this part will be evaluated annually;

‘‘(B) the evaluation will be used to make decisions

about appropriate changes in programs for the subsequent

year;

‘‘(C) the evaluation will describe how assistance under

this part affected student academic achievement and will

20 USC 7215b.

20 USC 7215a.

115 STAT. 1784 PUBLIC LAW 107–110—JAN. 8, 2002

include, at a minimum, information and data on the use

of funds, the types of services furnished, and the students

served under this part; and

‘‘(D) the evaluation will be submitted to the State

educational agency at the time and in the manner

requested by the State educational agency.

‘‘(9) If the local educational agency seeks funds under section 5131(a)(23), a description of how the agency will comply

with the guidelines issued by the Secretary regarding samegender schools and classrooms under section 5131(c).

‘‘(c) PERIOD OF APPLICATION.—An application submitted by a

local educational agency under subsection (a) may seek allocations

under this part for a period not to exceed 3 fiscal years. The

agency may amend the application annually, as may be necessary

to reflect changes, without the filing of a new application.

‘‘(d) LOCAL EDUCATIONAL AGENCY DISCRETION.—

‘‘(1) IN GENERAL.—Subject to the limitations and requirements of this part, a local educational agency shall have complete discretion in determining how funds made available to

carry out this subpart will be divided among programs described

in section 5131.

‘‘(2) LIMITATION.—In exercising the discretion described in

paragraph (1), a local educational agency shall ensure that

expenditures under this subpart carry out the purposes of this

part and are used to meet the educational needs within the

schools served by the local educational agency.

‘‘Subpart 4—General Provisions

‘‘SEC. 5141. MAINTENANCE OF EFFORT.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), a State

educational agency is entitled to receive its full allotment of funds

under this part for any fiscal year only if the Secretary determines

that either the combined fiscal effort per student or the aggregate

expenditures within the State, with respect to the provision of

free public education for the fiscal year preceding the fiscal year

for which the determination is made, was not less than 90 percent

of such combined fiscal effort or aggregate expenditures for the

second fiscal year preceding the fiscal year for which the determination is made.

‘‘(b) REDUCTION OF FUNDS.—The Secretary shall reduce the

amount of the allotment of funds under this part in any fiscal

year in the exact proportion by which the State educational agency

fails to meet the requirements of subsection (a) by falling below

90 percent of the fiscal effort per student or aggregate expenditures

(using the measure most favorable to the State educational agency),

and no such lesser amount shall be used for computing the effort

or expenditures required under paragraph (1) for subsequent years.

‘‘(c) WAIVER.—The Secretary may waive, for 1 fiscal year only,

the requirements of this section, if the Secretary determines that

such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous

and unforeseen decline in the financial resources of the State educational agency.

20 USC 7217.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1785

‘‘SEC. 5142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE

SCHOOLS.

‘‘(a) PARTICIPATION ON EQUITABLE BASIS.— ‘‘(1) IN GENERAL.—To the extent consistent with the number

of children in the school district of a local educational agency

that is eligible to receive funds under this part, or that serves

the area in which a program assisted under this part is located,

who are enrolled in private nonprofit elementary schools and

secondary schools, or, with respect to instructional or personnel

training programs funded by the State educational agency from

funds made available for State educational agency use, the

local educational agency, after consultation with appropriate

private school officials— ‘‘(A) shall provide, as may be necessary, for the benefit

of such children in such schools— ‘‘(i) secular, neutral, and nonideological services,

materials, and equipment, including the participation

of the teachers of such children (and other educational

personnel serving such children) in training programs;

and ‘‘(ii) the repair, minor remodeling, or construction

of public facilities (consistent with subsection (c)); or

‘‘(B) if such services, materials, and equipment are

not feasible or necessary in one or more such private

schools, as determined by the local educational agency after

consultation with the appropriate private school officials,

shall provide such other arrangements as will assure equitable participation of such children in the purposes and

benefits of this part.

‘‘(2) OTHER PROVISIONS FOR SERVICES.—If no program is

carried out under paragraph (1) in the school district of a

local educational agency, the State educational agency shall

make arrangements, such as through contracts with nonprofit

agencies or organizations, under which children in private

schools in the district are provided with services and materials

to the same extent as would have occurred if the local educational agency had received funds under this part.

‘‘(3) APPLICATION OF REQUIREMENTS.—The requirements of

this section relating to the participation of children, teachers,

and other personnel serving such children shall apply to programs carried out under this part by a State educational agency

or local educational agency, whether directly or through grants

to, or contracts with, other public or private agencies, institutions, or organizations.

‘‘(b) EQUAL EXPENDITURES.—

‘‘(1) IN GENERAL.—Expenditures for programs under subsection (a) shall be equal (consistent with the number of children to be served) to expenditures for programs under this

part for children enrolled in the public schools of the local

educational agency.

‘‘(2) CONCENTRATED PROGRAMS.—Taking into account the

needs of the individual children and other factors that relate

to the expenditures referred to in paragraph (1), and when

funds available to a local educational agency under this part

are used to concentrate programs on a particular group, attendance area, or grade or age level, children enrolled in private

schools who are included within the group, attendance area,

20 USC 7217a.

115 STAT. 1786 PUBLIC LAW 107–110—JAN. 8, 2002

or grade or age level selected for such concentration shall,

after consultation with the appropriate private school officials,

be assured equitable participation in the purposes and benefits

of such programs.

‘‘(c) ADMINISTRATIVE REQUIREMENTS.—

‘‘(1) FUNDS AND PROPERTY.—The control of funds provided

under this part, and title to materials, equipment, and property

repaired, remodeled, or constructed with such funds, shall be

in a public agency for the uses and purposes provided in this

part, and a public agency shall administer such funds and

property.

‘‘(2) PROVISION OF SERVICES.—Services provided under this

part shall be provided by employees of a public agency or

through contract by such a public agency with a person, association, agency, or corporation that, in the provision of such services, is independent of the private school and of any religious

organizations, and such employment or contract shall be under

the control and supervision of such a public agency. The funds

provided under this part shall not be commingled with State

or local funds.

‘‘(d) WAIVER.—

‘‘(1) STATE PROHIBITION.—If a State educational agency

or local educational agency is prohibited, by reason of any

provision of law, from providing for the participation in programs of children enrolled in private elementary schools and

secondary schools as required by subsections (a) through (c),

the Secretary shall waive such requirements for the agency

involved and shall arrange for the provision of services to

such children through arrangements that shall be subject to

the requirements of this section.

‘‘(2) FAILURE TO COMPLY.—If the Secretary determines that

a State educational agency or a local educational agency has

substantially failed, or is unwilling, to provide for the participation on an equitable basis of children enrolled in private

elementary schools and secondary schools as required by subsections (a) through (c), the Secretary may waive such requirements and shall arrange for the provision of services to such

children through arrangements that shall be subject to the

requirements of this section.

‘‘(e) WITHHOLDING OF ALLOTMENT OR ALLOCATION.—Pending

final resolution of any investigation or complaint that could result

in a waiver under subsection (d)(1) or (d)(2), the Secretary may

withhold from the allotment or allocation of the affected State

educational agency or local educational agency the amount estimated by the Secretary to be necessary to pay the cost of services

to be provided by the Secretary under such subsection.

‘‘(f) DURATION OF DETERMINATION.—Any determination by the

Secretary under this section shall continue in effect until the Secretary determines that there will no longer be any failure or

inability on the part of the State educational agency or local educational agency to meet the requirements of subsections (a) through

(c).

‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When the Secretary

arranges for services under subsection (d), the Secretary shall,

after consultation with the appropriate public school and private

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1787

school officials, pay the cost of such services, including the administrative costs of arranging for those services, from the appropriate

allotment of the State educational agency under this part. ‘‘(h) REVIEW OF DETERMINATION.— ‘‘(1) WRITTEN OBJECTIONS.—The Secretary shall not take

any final action under this section until the State educational

agency and the local educational agency affected by such action

have had an opportunity, for not less than 45 days after

receiving written notice thereof, to submit written objections

and to appear before the Secretary or the Secretary’s designee

to show cause why that action should not be taken. ‘‘(2) COURT ACTION.—If a State educational agency or local

educational agency is dissatisfied with the Secretary’s final

action after a proceeding under paragraph (1), such agency

may, not later than 60 days after notice of such action, file

with the United States court of appeals for the circuit in which

such State is located a petition for review of that action. A

copy of the petition shall be transmitted by the clerk of the

court to the Secretary. The Secretary thereupon shall file in

the court the record of the proceedings on which the Secretary

based the action, as provided in section 2112 of title 28, United

States Code. ‘‘(3) REMAND TO SECRETARY.—The findings of fact by the

Secretary with respect to a proceeding under paragraph (1),

if supported by substantial evidence, shall be conclusive. The

court, for good cause shown, may remand the case to the

Secretary to take further evidence and the Secretary may make

new or modified findings of fact and may modify the Secretary’s

previous action, and shall file in the court the record of the

further proceedings. Such new or modified findings of fact shall

likewise be conclusive, if supported by substantial evidence.

‘‘(4) COURT REVIEW.—Upon the filing of a petition under

paragraph (2), the court shall have jurisdiction to affirm the

action of the Secretary or to set such action aside, in whole

or in part. The judgment of the court shall be subject to review

by the Supreme Court upon certiorari or certification, as provided in section 1254 of title 28, United States Code.

‘‘(i) PRIOR DETERMINATION.—Any bypass determination by the

Secretary under title VI (as such title was in effect on the day

preceding the date of enactment of the No Child Left Behind Act

of 2001) shall, to the extent consistent with the purposes of this

part, apply to programs under this part.

‘‘SEC. 5143. FEDERAL ADMINISTRATION.

‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon request,

shall provide technical assistance to State educational agencies

and local educational agencies under this part.

‘‘(b) RULEMAKING.—The Secretary shall issue regulations under

this part only to the extent that such regulations are necessary

to ensure that there is compliance with the specific requirements

and assurances required by this part. ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwithstanding any

other provision of law, unless expressly in limitation of this subsection, funds appropriated in any fiscal year to carry out programs

under this part shall become available for obligation on July 1

of such fiscal year and shall remain available for obligation until

the end of the subsequent fiscal year.

20 USC 7217b.

Applicability.

Records.

Deadline.

115 STAT. 1788 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 5144. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local education

funds.

‘‘SEC. 5145. DEFINITIONS.

‘‘In this part: ‘‘(1) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ means a local educational agency or a consortium of such agencies. ‘‘(2) PUBLIC SCHOOL.—The term ‘public school’ means a

public elementary school or a public secondary school. ‘‘(3) SCHOOL-AGE POPULATION.—The term ‘school-age population’ means the population aged 5 through 17.

‘‘(4) STATE.—The term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

‘‘SEC. 5146. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

part— ‘‘(1) $450,000,000 for fiscal year 2002;

‘‘(2) $475,000,000 for fiscal year 2003;

‘‘(3) $500,000,000 for fiscal year 2004;

‘‘(4) $525,000,000 for fiscal year 2005;

‘‘(5) $550,000,000 for fiscal year 2006; and

‘‘(6) $600,000,000 for fiscal year 2007.

‘‘PART B—PUBLIC CHARTER SCHOOLS

‘‘Subpart 1—Charter School Programs

‘‘SEC. 5201. PURPOSE.

‘‘It is the purpose of this subpart to increase national understanding of the charter schools model by— ‘‘(1) providing financial assistance for the planning, program design, and initial implementation of charter schools; ‘‘(2) evaluating the effects of such schools, including the

effects on students, student academic achievement, staff, and

parents; ‘‘(3) expanding the number of high-quality charter schools

available to students across the Nation; and ‘‘(4) encouraging the States to provide support to charter

schools for facilities financing in an amount more nearly

commensurate to the amount the States have typically provided

for traditional public schools.

‘‘SEC. 5202. PROGRAM AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary may award grants to State

educational agencies having applications approved pursuant to section 5203 to enable such agencies to conduct a charter school

grant program in accordance with this subpart. ‘‘(b) SPECIAL RULE.—If a State educational agency elects not

to participate in the program authorized by this subpart or does

not have an application approved under section 5203, the Secretary

may award a grant to an eligible applicant that serves such State

and has an application approved pursuant to section 5203(c).

‘‘(c) PROGRAM PERIODS.—

20 USC 7221a.

20 USC 7221.

20 USC 7217e.

20 USC 7217d.

20 USC 7217c.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1789

‘‘(1) GRANTS TO STATES.—Grants awarded to State educational agencies under this subpart shall be for a period of

not more than 3 years.

‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants awarded by

the Secretary to eligible applicants or subgrants awarded by

State educational agencies to eligible applicants under this

subpart shall be for a period of not more than 3 years, of

which the eligible applicant may use—

‘‘(A) not more than 18 months for planning and program design;

‘‘(B) not more than 2 years for the initial implementation of a charter school; and

‘‘(C) not more than 2 years to carry out dissemination

activities described in section 5204(f)(6)(B).

‘‘(d) LIMITATION.—A charter school may not receive—

‘‘(1) more than one grant for activities described in subparagraphs (A) and (B) of subsection (c)(2); or

‘‘(2) more than one grant for activities under subparagraph

(C) of subsection (c)(2).

‘‘(e) PRIORITY TREATMENT.—

‘‘(1) IN GENERAL.—In awarding grants under this subpart

for fiscal year 2002 or any succeeding fiscal year from any

funds appropriated under section 5211 (other than funds

reserved to carry out section 5205(b)), the Secretary shall give

priority to States to the extent that the States meet the criteria

described in paragraph (2) and one or more of the criteria

described in subparagraph (A), (B), or (C) of paragraph (3).

‘‘(2) REVIEW AND EVALUATION PRIORITY CRITERIA.—The criteria referred to in paragraph (1) are that the State provides

for periodic review and evaluation by the authorized public

chartering agency of each charter school, at least once every

5 years unless required more frequently by State law, to determine whether the charter school is meeting the terms of the

school’s charter, and is meeting or exceeding the student academic achievement requirements and goals for charter schools

as set forth under State law or the school’s charter.

‘‘(3) PRIORITY CRITERIA.—The criteria referred to in paragraph (1) are the following:

‘‘(A) The State has demonstrated progress, in

increasing the number of high-quality charter schools that

are held accountable in the terms of the schools’ charters

for meeting clear and measurable objectives for the educational progress of the students attending the schools,

in the period prior to the period for which a State educational agency or eligible applicant applies for a grant

under this subpart.

‘‘(B) The State—

‘‘(i) provides for one authorized public chartering

agency that is not a local educational agency, such

as a State chartering board, for each individual or

entity seeking to operate a charter school pursuant

to such State law; or

‘‘(ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, allows for an appeals process for the

denial of an application for a charter school.

115 STAT. 1790 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(C) The State ensures that each charter school has

a high degree of autonomy over the charter school’s budgets

and expenditures.

‘‘(f) AMOUNT CRITERIA.—In determining the amount of a grant

to be awarded under this subpart to a State educational agency,

the Secretary shall take into consideration the number of charter

schools that are operating, or are approved to open, in the State.

‘‘SEC. 5203. APPLICATIONS.

‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each State educational agency desiring a grant from the Secretary under this

subpart shall submit to the Secretary an application at such time,

in such manner, and containing or accompanied by such information

as the Secretary may require.

‘‘(b) CONTENTS OF A STATE EDUCATIONAL AGENCY APPLICATION.—Each application submitted pursuant to subsection (a)

shall—

‘‘(1) describe the objectives of the State educational agency’s

charter school grant program and a description of how such

objectives will be fulfilled, including steps taken by the State

educational agency to inform teachers, parents, and communities of the State educational agency’s charter school grant

program; and

‘‘(2) describe how the State educational agency—

‘‘(A) will inform each charter school in the State

regarding—

‘‘(i) Federal funds that the charter school is eligible

to receive; and

‘‘(ii) Federal programs in which the charter school

may participate;

‘‘(B) will ensure that each charter school in the State

receives the charter school’s commensurate share of Federal

education funds that are allocated by formula each year,

including during the first year of operation of the charter

school; and

‘‘(C) will disseminate best or promising practices of

charter schools to each local educational agency in the

State; and

‘‘(3) contain assurances that the State educational agency

will require each eligible applicant desiring to receive a

subgrant to submit an application to the State educational

agency containing—

‘‘(A) a description of the educational program to be

implemented by the proposed charter school, including—

‘‘(i) how the program will enable all students to

meet challenging State student academic achievement

standards;

‘‘(ii) the grade levels or ages of children to be

served; and

‘‘(iii) the curriculum and instructional practices to

be used;

‘‘(B) a description of how the charter school will be

managed;

‘‘(C) a description of—

‘‘(i) the objectives of the charter school; and

20 USC 7221b.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1791

‘‘(ii) the methods by which the charter school will

determine its progress toward achieving those objectives;

‘‘(D) a description of the administrative relationship

between the charter school and the authorized public chartering agency;

‘‘(E) a description of how parents and other members

of the community will be involved in the planning, program

design, and implementation of the charter school;

‘‘(F) a description of how the authorized public chartering agency will provide for continued operation of the

school once the Federal grant has expired, if such agency

determines that the school has met the objectives described

in subparagraph (C)(i);

‘‘(G) a request and justification for waivers of any

Federal statutory or regulatory provisions that the eligible

applicant believes are necessary for the successful operation

of the charter school, and a description of any State or

local rules, generally applicable to public schools, that will

be waived for, or otherwise not apply to, the school;

‘‘(H) a description of how the subgrant funds or grant

funds, as appropriate, will be used, including a description

of how such funds will be used in conjunction with other

Federal programs administered by the Secretary;

‘‘(I) a description of how students in the community

will be—

‘‘(i) informed about the charter school; and

‘‘(ii) given an equal opportunity to attend the

charter school;

‘‘(J) an assurance that the eligible applicant will

annually provide the Secretary and the State educational

agency such information as may be required to determine

if the charter school is making satisfactory progress toward

achieving the objectives described in subparagraph (C)(i);

‘‘(K) an assurance that the eligible applicant will

cooperate with the Secretary and the State educational

agency in evaluating the program assisted under this subpart;

‘‘(L) a description of how a charter school that is considered a local educational agency under State law, or a

local educational agency in which a charter school is

located, will comply with sections 613(a)(5) and 613(e)(1)(B)

of the Individuals with Disabilities Education Act;

‘‘(M) if the eligible applicant desires to use subgrant

funds for dissemination activities under section

5202(c)(2)(C), a description of those activities and how those

activities will involve charter schools and other public

schools, local educational agencies, developers, and potential developers; and

‘‘(N) such other information and assurances as the

Secretary and the State educational agency may require.

‘‘(c) ELIGIBLE APPLICANT APPLICATION.—Each eligible applicant

desiring a grant pursuant to section 5202(b) shall submit an application to the Secretary at such time, in such manner, and accompanied

by such information as the Secretary may reasonably require.

‘‘(d) CONTENTS OF ELIGIBLE APPLICANT APPLICATION.—Each

application submitted pursuant to subsection (c) shall contain—

115 STAT. 1792 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) the information and assurances described in subparagraphs (A) through (N) of subsection (b)(3), except that for

purposes of this subsection subparagraphs (J), (K), and (N)

of such subsection shall be applied by striking ‘and the State

educational agency’ each place such term appears;

‘‘(2) assurances that the State educational agency—

‘‘(A) will grant, or will obtain, waivers of State statutory or regulatory requirements; and

‘‘(B) will assist each subgrantee in the State in

receiving a waiver under section 5204(e); and

‘‘(3) assurances that the eligible applicant has provided

its authorized public chartering authority timely notice, and

a copy, of the application, except that the State educational

agency (or the Secretary, in the case of an application submitted

to the Secretary) may waive the requirement of this paragraph

in the case of an application for a precharter planning grant

or subgrant if the authorized public chartering authority to

which a charter school proposal will be submitted has not

been determined at the time the grant or subgrant application

is submitted.

‘‘SEC. 5204. ADMINISTRATION.

‘‘(a) SELECTION CRITERIA FOR STATE EDUCATIONAL AGENCIES.—

The Secretary shall award grants to State educational agencies

under this subpart on the basis of the quality of the applications

submitted under section 5203(b), after taking into consideration

such factors as—

‘‘(1) the contribution that the charter schools grant program

will make to assisting educationally disadvantaged and other

students in meeting State academic content standards and

State student academic achievement standards;

‘‘(2) the degree of flexibility afforded by the State educational agency to charter schools under the State’s charter

schools law;

‘‘(3) the ambitiousness of the objectives for the State charter

school grant program;

‘‘(4) the quality of the strategy for assessing achievement

of those objectives;

‘‘(5) the likelihood that the charter school grant program

will meet those objectives and improve educational results for

students;

‘‘(6) the number of high-quality charter schools created

under this subpart in the State; and

‘‘(7) in the case of State educational agencies that propose

to use grant funds to support dissemination activities under

subsection (f)(6)(B), the quality of those activities and the likelihood that those activities will improve student academic

achievement.

‘‘(b) SELECTION CRITERIA FOR ELIGIBLE APPLICANTS.—The Secretary shall award grants to eligible applicants under this subpart

on the basis of the quality of the applications submitted under

section 5203(c), after taking into consideration such factors as—

‘‘(1) the quality of the proposed curriculum and instructional practices;

‘‘(2) the degree of flexibility afforded by the State educational agency and, if applicable, the local educational agency

to the charter school;

20 USC 7221c.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1793

‘‘(3) the extent of community support for the application;

‘‘(4) the ambitiousness of the objectives for the charter

school; ‘‘(5) the quality of the strategy for assessing achievement

of those objectives;

‘‘(6) the likelihood that the charter school will meet those

objectives and improve educational results for students; and

‘‘(7) in the case of an eligible applicant that proposes to

use grant funds to support dissemination activities under subsection (f)(6)(B), the quality of those activities and the likelihood

that those activities will improve student achievement.

‘‘(c) PEER REVIEW.—The Secretary, and each State educational

agency receiving a grant under this subpart, shall use a peer

review process to review applications for assistance under this

subpart. ‘‘(d) DIVERSITY OF PROJECTS.—The Secretary and each State

educational agency receiving a grant under this subpart, shall

award grants and subgrants under this subpart in a manner that,

to the extent possible, ensures that such grants and subgrants— ‘‘(1) are distributed throughout different areas of the Nation

and each State, including urban and rural areas; and ‘‘(2) will assist charter schools representing a variety of

educational approaches, such as approaches designed to reduce

school size.

‘‘(e) WAIVERS.—The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority except any such requirement relating to the elements

of a charter school described in section 5210(1), if—

‘‘(1) the waiver is requested in an approved application

under this subpart; and

‘‘(2) the Secretary determines that granting such a waiver

will promote the purpose of this subpart.

‘‘(f) USE OF FUNDS.—

‘‘(1) STATE EDUCATIONAL AGENCIES.—Each State educational agency receiving a grant under this subpart shall

use such grant funds to award subgrants to one or more eligible

applicants in the State to enable such applicant to plan and

implement a charter school in accordance with this subpart,

except that the State educational agency may reserve not more

than 10 percent of the grant funds to support dissemination

activities described in paragraph (6).

‘‘(2) ELIGIBLE APPLICANTS.—Each eligible applicant

receiving funds from the Secretary or a State educational

agency shall use such funds to plan and implement a charter

school, or to disseminate information about the charter school

and successful practices in the charter school, in accordance

with this subpart.

‘‘(3) ALLOWABLE ACTIVITIES.—An eligible applicant

receiving a grant or subgrant under this subpart may use

the grant or subgrant funds only for—

(A) post-award planning and design of the educational

program, which may include—

‘‘(i) refinement of the desired educational results

and of the methods for measuring progress toward

achieving those results; and

‘‘(ii) professional development of teachers and other

staff who will work in the charter school; and

115 STAT. 1794 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) initial implementation of the charter school, which

may include— ‘‘(i) informing the community about the school;

‘‘(ii) acquiring necessary equipment and educational materials and supplies;

‘‘(iii) acquiring or developing curriculum materials;

and

‘‘(iv) other initial operational costs that cannot be

met from State or local sources.

‘‘(4) ADMINISTRATIVE EXPENSES.— ‘‘(A) STATE EDUCATIONAL AGENCY ADMINISTRATIVE

EXPENSES.—Each State educational agency receiving a

grant pursuant to this subpart may reserve not more than

5 percent of such grant funds for administrative expenses

associated with the charter school grant program assisted

under this subpart. ‘‘(B) LOCAL ADMINISTRATIVE EXPENSES.—A local educational agency may not deduct funds for administrative

fees or expenses from a subgrant awarded to an eligible

applicant, unless the eligible applicant enters voluntarily

into a mutually agreed upon arrangement for administrative services with the relevant local educational agency.

Absent such approval, the local educational agency shall

distribute all such subgrant funds to the eligible applicant

without delay.

‘‘(5) REVOLVING LOAN FUNDS.—Each State educational

agency receiving a grant pursuant to this subpart may reserve

not more than 10 percent of the grant funds for the establishment of a revolving loan fund. Such fund may be used to

make loans to eligible applicants that have received a subgrant

under this subpart, under such terms as may be determined

by the State educational agency, for the initial operation of

the charter school grant program of the eligible applicant until

such time as the recipient begins receiving ongoing operational

support from State or local financing sources. ‘‘(6) DISSEMINATION.—

‘‘(A) IN GENERAL.—A charter school may apply for funds

under this subpart, whether or not the charter school has

applied for or received funds under this subpart for planning, program design, or implementation, to carry out the

activities described in subparagraph (B) if the charter

school has been in operation for at least 3 consecutive

years and has demonstrated overall success, including—

‘‘(i) substantial progress in improving student academic achievement;

‘‘(ii) high levels of parent satisfaction; and

‘‘(iii) the management and leadership necessary

to overcome initial start-up problems and establish

a thriving, financially viable charter school.

‘‘(B) ACTIVITIES.—A charter school described in

subparagraph (A) may use funds reserved under paragraph

(1) to assist other schools in adapting the charter school’s

program (or certain aspects of the charter school’s program), or to disseminate information about the charter

school, through such activities as—

‘‘(i) assisting other individuals with the planning

and start-up of one or more new public schools,

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1795

including charter schools, that are independent of the

assisting charter school and the assisting charter

school’s developers, and that agree to be held to at

least as high a level of accountability as the assisting

charter school;

‘‘(ii) developing partnerships with other public

schools, including charter schools, designed to improve

student academic achievement in each of the schools

participating in the partnership;

‘‘(iii) developing curriculum materials, assessments, and other materials that promote increased

student achievement and are based on successful practices within the assisting charter school; and

‘‘(iv) conducting evaluations and developing materials that document the successful practices of the

assisting charter school and that are designed to

improve student performance in other schools.

‘‘(g) TRIBALLY CONTROLLED SCHOOLS.—Each State that receives

a grant under this subpart and designates a tribally controlled

school as a charter school shall not consider payments to a school

under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507)

in determining—

‘‘(1) the eligibility of the school to receive any other Federal,

State, or local aid; or

‘‘(2) the amount of such aid.

‘‘SEC. 5205. NATIONAL ACTIVITIES.

‘‘(a) IN GENERAL.—The Secretary shall reserve for each fiscal

year the greater of 5 percent or $5,000,000 of the amount appropriated to carry out this subpart, except that in no fiscal year

shall the total amount so reserved exceed $8,000,000, to carry

out the following activities:

‘‘(1) To provide charter schools, either directly or through

State educational agencies, with—

‘‘(A) information regarding—

‘‘(i) Federal funds that charter schools are eligible

to receive; and

‘‘(ii) other Federal programs in which charter

schools may participate; and

‘‘(B) assistance in applying for Federal education funds

that are allocated by formula, including assistance with

filing deadlines and submission of applications.

‘‘(2) To provide for other evaluations or studies that include

the evaluation of the impact of charter schools on student

academic achievement, including information regarding—

‘‘(A) students attending charter schools reported on

the basis of race, age, disability, gender, limited English

proficiency, and previous enrollment in public school; and

‘‘(B) the professional qualifications of teachers within

a charter school and the turnover of the teaching force.

‘‘(3) To provide—

‘‘(A) information to applicants for assistance under this

subpart;

‘‘(B) assistance to applicants for assistance under this

subpart with the preparation of applications under section

5203;

20 USC 7221d.

115 STAT. 1796 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(C) assistance in the planning and startup of charter

schools; ‘‘(D) training and technical assistance to existing

charter schools; and

‘‘(E) for the dissemination to other public schools of

best or promising practices in charter schools.

‘‘(4) To provide (including through the use of one or more

contracts that use a competitive bidding process) for the collection of information regarding the financial resources available

to charter schools, including access to private capital, and to

widely disseminate to charter schools any such relevant

information and model descriptions of successful programs.

‘‘(5) To carry out evaluations of, technical assistance for,

and information dissemination regarding, the per-pupil facilities aid programs. In carrying out the evaluations, the Secretary

may carry out one or more evaluations of State programs

assisted under this subsection, which shall, at a minimum,

address—

‘‘(A) how, and the extent to which, the programs promote educational equity and excellence; and

‘‘(B) the extent to which charter schools supported

through the programs are—

‘‘(i) held accountable to the public;

‘‘(ii) effective in improving public education; and

‘‘(iii) open and accessible to all students.

‘‘(b) PER-PUPIL FACILITIES AID PROGRAMS.—

‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID PROGRAM.—

In this subsection, the term ‘per-pupil facilities aid program’

means a program in which a State makes payments, on a

per-pupil basis, to charter schools to provide the schools with

financing—

‘‘(A) that is dedicated solely for funding charter school

facilities; or

‘‘(B) a portion of which is dedicated for funding charter

school facilities.

‘‘(2) GRANTS.—

‘‘(A) IN GENERAL.—From the amount made available

to carry out this subsection under paragraphs (2) and (3)(B)

of section 5211(b) for any fiscal year, the Secretary shall

make grants, on a competitive basis, to States to pay for

the Federal share of the cost of establishing or enhancing,

and administering per-pupil facilities aid programs.

‘‘(B) PERIOD.—The Secretary shall award grants under

this subsection for periods of not more than 5 years.

‘‘(C) FEDERAL SHARE.—The Federal share of the cost

described in subparagraph (A) for a per-pupil facilities

aid program shall be not more than—

‘‘(i) 90 percent of the cost, for the first fiscal year

for which the program receives assistance under this

subsection;

‘‘(ii) 80 percent in the second such year;

‘‘(iii) 60 percent in the third such year;

‘‘(iv) 40 percent in the fourth such year; and

‘‘(v) 20 percent in the fifth such year.

‘‘(3) USE OF FUNDS.— ‘‘(A) IN GENERAL.—A State that receives a grant under

this subsection shall use the funds made available through

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1797

the grant to establish or enhance, and administer, a perpupil facilities aid program for charter schools in the State. ‘‘(B) EVALUATIONS; TECHNICAL ASSISTANCE; DISSEMINATION.—From the amount made available to a State through

a grant under this subsection for a fiscal year, the State

may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate

information. ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds made available under this subsection shall be used to supplement,

and not supplant, State and local public funds expended

to provide per pupil facilities aid programs, operations

financing programs, or other programs, for charter schools.

‘‘(4) REQUIREMENTS.— ‘‘(A) VOLUNTARY PARTICIPATION.—No State may be

required to participate in a program carried out under

this subsection. ‘‘(B) STATE LAW.—To be eligible to receive a grant

under this subsection, a State shall establish or enhance,

and administer, a per-pupil facilities aid program for

charter schools in the State, that—

‘‘(i) is specified in State law; and

‘‘(ii) provides annual financing, on a per-pupil

basis, for charter school facilities.

‘‘(5) APPLICATIONS.—To be eligible to receive a grant under

this subsection, a State shall submit an application to the

Secretary at such time, in such manner, and containing such

information as the Secretary may require.

‘‘(6) PRIORITIES.—In making grants under this subsection,

the Secretary shall give priority to States that meet the criteria

described in paragraph (2), and subparagraphs (A), (B), and

(C) of paragraph (3), of section 5202(e).

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall

be construed to require charter schools to collect any data described

in subsection (a).

‘‘SEC. 5206. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND

FOR SUCCESSIVE ENROLLMENT EXPANSIONS.

‘‘(a) IN GENERAL.—For purposes of the allocation to schools

by the States or their agencies of funds under part A of title

I, and any other Federal funds which the Secretary allocates to

States on a formula basis, the Secretary and each State educational

agency shall take such measures as are necessary to ensure that

every charter school receives the Federal funding for which the

charter school is eligible not later than 5 months after the charter

school first opens, notwithstanding the fact that the identity and

characteristics of the students enrolling in that charter school are

not fully and completely determined until that charter school actually opens. The measures similarly shall ensure that every charter

school expanding its enrollment in any subsequent year of operation

receives the Federal funding for which the charter school is eligible

not later than 5 months after such expansion.

‘‘(b) ADJUSTMENT AND LATE OPENINGS.—

‘‘(1) IN GENERAL.—The measures described in subsection

(a) shall include provision for appropriate adjustments, through

recovery of funds or reduction of payments for the succeeding

year, in cases where payments made to a charter school on

20 USC 7221e.

115 STAT. 1798 PUBLIC LAW 107–110—JAN. 8, 2002

the basis of estimated or projected enrollment data exceed

the amounts that the school is eligible to receive on the basis

of actual or final enrollment data. ‘‘(2) RULE.—For charter schools that first open after

November 1 of any academic year, the State, in accordance

with guidance provided by the Secretary and applicable Federal

statutes and regulations, shall ensure that such charter schools

that are eligible for the funds described in subsection (a) for

such academic year have a full and fair opportunity to receive

those funds during the charter schools’ first year of operation.

‘‘SEC. 5207. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.

‘‘To the extent practicable, the Secretary shall ensure that

administrators, teachers, and other individuals directly involved

in the operation of charter schools are consulted in the development

of any rules or regulations required to implement this subpart,

as well as in the development of any rules or regulations relevant

to charter schools that are required to implement part A of title

I, the Individuals with Disabilities Education Act, or any other

program administered by the Secretary that provides education

funds to charter schools or regulates the activities of charter schools.

‘‘SEC. 5208. RECORDS TRANSFER.

‘‘State educational agencies and local educational agencies, to

the extent practicable, shall ensure that a student’s records and,

if applicable, a student’s individualized education program as

defined in section 602(11) of the Individuals with Disabilities Education Act, are transferred to a charter school upon the transfer

of the student to the charter school, and to another public school

upon the transfer of the student from a charter school to another

public school, in accordance with applicable State law.

‘‘SEC. 5209. PAPERWORK REDUCTION.

‘‘To the extent practicable, the Secretary and each authorized

public chartering agency shall ensure that implementation of this

subpart results in a minimum of paperwork for any eligible

applicant or charter school.

‘‘SEC. 5210. DEFINITIONS.

‘‘In this subpart:

‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ means

a public school that—

‘‘(A) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from

significant State or local rules that inhibit the flexible

operation and management of public schools, but not from

any rules relating to the other requirements of this paragraph;

‘‘(B) is created by a developer as a public school, or

is adapted by a developer from an existing public school,

and is operated under public supervision and direction;

‘‘(C) operates in pursuit of a specific set of educational

objectives determined by the school’s developer and agreed

to by the authorized public chartering agency;

‘‘(D) provides a program of elementary or secondary

education, or both;

20 USC 7221i.

20 USC 7221h.

20 USC 7221g.

20 USC 7221f.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1799

‘‘(E) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and

is not affiliated with a sectarian school or religious institution;

‘‘(F) does not charge tuition;

‘‘(G) complies with the Age Discrimination Act of 1975,

title VI of the Civil Rights Act of 1964, title IX of the

Education Amendments of 1972, section 504 of the

Rehabilitation Act of 1973, and part B of the Individuals

with Disabilities Education Act;

‘‘(H) is a school to which parents choose to send their

children, and that admits students on the basis of a lottery,

if more students apply for admission than can be accommodated;

‘‘(I) agrees to comply with the same Federal and State

audit requirements as do other elementary schools and

secondary schools in the State, unless such requirements

are specifically waived for the purpose of this program;

‘‘(J) meets all applicable Federal, State, and local

health and safety requirements;

‘‘(K) operates in accordance with State law; and

‘‘(L) has a written performance contract with the

authorized public chartering agency in the State that

includes a description of how student performance will

be measured in charter schools pursuant to State assessments that are required of other schools and pursuant

to any other assessments mutually agreeable to the authorized public chartering agency and the charter school.

‘‘(2) DEVELOPER.—The term ‘developer’ means an individual

or group of individuals (including a public or private nonprofit

organization), which may include teachers, administrators and

other school staff, parents, or other members of the local

community in which a charter school project will be carried

out.

‘‘(3) ELIGIBLE APPLICANT.—The term ‘eligible applicant’ means a developer that has—

‘‘(A) applied to an authorized public chartering

authority to operate a charter school; and

‘‘(B) provided adequate and timely notice to that

authority under section 5203(d)(3).

‘‘(4) AUTHORIZED PUBLIC CHARTERING AGENCY.—The term

‘authorized public chartering agency’ means a State educational

agency, local educational agency, or other public entity that

has the authority pursuant to State law and approved by the

Secretary to authorize or approve a charter school.

‘‘SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated

to carry out this subpart $300,000,000 for fiscal year 2002 and

such sums as may be necessary for each of the 5 succeeding fiscal

years. ‘‘(b) RESERVATION.—From the amount appropriated under subsection (a) for each fiscal year, the Secretary shall reserve—

‘‘(1) $200,000,000 to carry out this subpart, other than

section 5205(b); and

‘‘(2) any funds in excess of $200,000,000, that do not exceed

$300,000,000, to carry out section 5205(b); and

20 USC 7221j.

115 STAT. 1800 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(3)(A) 50 percent of any funds in excess of $300,000,000

to carry out this subpart, other than section 5205(b); and ‘‘(B) 50 percent of any funds in excess of $300,000,000

to carry out section 5205(b).

‘‘Subpart 2—Credit Enhancement Initiatives To

Assist Charter School Facility Acquisition, Construction, and Renovation

‘‘SEC. 5221. PURPOSE.

‘‘The purpose of this subpart is to provide grants to eligible

entities to permit the eligible entities to demonstrate innovative

credit enhancement initiatives that assist charter schools to address

the cost of acquiring, constructing, and renovating facilities.

‘‘SEC. 5222. GRANTS TO ELIGIBLE ENTITIES.

‘‘(a) GRANTS.—The Secretary shall use 100 percent of the

amount available to carry out this subpart to award not less than

three grants to eligible entities that have applications approved

under this subpart to demonstrate innovative methods of assisting

charter schools to address the cost of acquiring, constructing, and

renovating facilities by enhancing the availability of loans or bond

financing.

‘‘(b) GRANTEE SELECTION.—

‘‘(1) EVALUATION OF APPLICATION.—The Secretary shall

evaluate each application submitted under section 5223, and

shall determine whether the application is sufficient to merit

approval.

‘‘(2) DISTRIBUTION OF GRANTS.—The Secretary shall award

at least one grant to an eligible entity described in section

5230(2)(A), at least one grant to an eligible entity described

in section 5230(2)(B), and at least one grant to an eligible

entity described in section 5230(2)(C), if applications are submitted that permit the Secretary to do so without approving

an application that is not of sufficient quality to merit approval.

‘‘(c) GRANT CHARACTERISTICS.—Grants under this subpart shall

be of a sufficient size, scope, and quality so as to ensure an effective

demonstration of an innovative means of enhancing credit for the

financing of charter school acquisition, construction, or renovation.

‘‘(d) SPECIAL RULE.—In the event the Secretary determines

that the funds made available under this subpart are insufficient

to permit the Secretary to award not less than three grants in

accordance with subsections (a) through (c), such three-grant minimum and subsection (b)(2) shall not apply, and the Secretary

may determine the appropriate number of grants to be awarded

in accordance with subsection (c).

‘‘SEC. 5223. APPLICATIONS.

‘‘(a) IN GENERAL.—To receive a grant under this subpart, an

eligible entity shall submit to the Secretary an application in such

form as the Secretary may reasonably require.

‘‘(b) CONTENTS.—An application submitted under subsection (a)

shall contain—

‘‘(1) a statement identifying the activities proposed to be

undertaken with funds received under this subpart, including

how the eligible entity will determine which charter schools

20 USC 7223b.

20 USC 7223a.

20 USC 7223.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1801

will receive assistance, and how much and what types of assistance charter schools will receive; ‘‘(2) a description of the involvement of charter schools

in the application’s development and the design of the proposed

activities;

‘‘(3) a description of the eligible entity’s expertise in capital

market financing;

‘‘(4) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital

relative to the amount of government funding used and otherwise enhance credit available to charter schools;

‘‘(5) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success

of a charter school program for which facilities financing is

sought;

‘‘(6) in the case of an application submitted by a State

governmental entity, a description of the actions that the entity

has taken, or will take, to ensure that charter schools within

the State receive the funding the charter schools need to have

adequate facilities; and

‘‘(7) such other information as the Secretary may reasonably require.

‘‘SEC. 5224. CHARTER SCHOOL OBJECTIVES.

‘‘An eligible entity receiving a grant under this subpart shall

use the funds deposited in the reserve account established under

section 5225(a) to assist one or more charter schools to access

private sector capital to accomplish one or both of the following

objectives:

‘‘(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third

party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue

the operation of a charter school.

‘‘(2) The construction of new facilities, or the renovation,

repair, or alteration of existing facilities, necessary to commence

or continue the operation of a charter school.

‘‘SEC. 5225. RESERVE ACCOUNT.

‘‘(a) USE OF FUNDS.—To assist charter schools to accomplish

the objectives described in section 5224, an eligible entity receiving

a grant under this subpart shall, in accordance with State and

local law, directly or indirectly, alone or in collaboration with others,

deposit the funds received under this subpart (other than funds

used for administrative costs in accordance with section 5226) in

a reserve account established and maintained by the eligible entity

for this purpose. Amounts deposited in such account shall be used

by the eligible entity for one or more of the following purposes:

‘‘(1) Guaranteeing, insuring, and reinsuring bonds, notes,

evidences of debt, loans, and interests therein, the proceeds

of which are used for an objective described in section 5224.

‘‘(2) Guaranteeing and insuring leases of personal and real

property for an objective described in section 5224.

‘‘(3) Facilitating financing by identifying potential lending

sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of,

charter schools.

20 USC 7223d.

20 USC 7223c.

115 STAT. 1802 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(4) Facilitating the issuance of bonds by charter schools,

or by other public entities for the benefit of charter schools,

by providing technical, administrative, and other appropriate

assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue).

‘‘(b) INVESTMENT.—Funds received under this subpart and

deposited in the reserve account established under subsection (a)

shall be invested in obligations issued or guaranteed by the United

States or a State, or in other similarly low-risk securities.

‘‘(c) REINVESTMENT OF EARNINGS.—Any earnings on funds

received under this subpart shall be deposited in the reserve account

established under subsection (a) and used in accordance with such

subsection.

‘‘SEC. 5226. LIMITATION ON ADMINISTRATIVE COSTS.

‘‘An eligible entity may use not more than 0.25 percent of

the funds received under this subpart for the administrative costs

of carrying out its responsibilities under this subpart.

‘‘SEC. 5227. AUDITS AND REPORTS.

‘‘(a) FINANCIAL RECORD MAINTENANCE AND AUDIT.—The financial records of each eligible entity receiving a grant under this

subpart shall be maintained in accordance with generally accepted

accounting principles and shall be subject to an annual audit by

an independent public accountant.

‘‘(b) REPORTS.—

‘‘(1) GRANTEE ANNUAL REPORTS.—Each eligible entity

receiving a grant under this subpart annually shall submit

to the Secretary a report of its operations and activities under

this subpart.

‘‘(2) CONTENTS.—Each annual report submitted under paragraph (1) shall include—

‘‘(A) a copy of the most recent financial statements,

and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the

financial records of the eligible entity;

‘‘(B) a copy of any report made on an audit of the

financial records of the eligible entity that was conducted

under subsection (a) during the reporting period;

‘‘(C) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under this

subpart in leveraging private funds;

‘‘(D) a listing and description of the charter schools

served during the reporting period;

‘‘(E) a description of the activities carried out by the

eligible entity to assist charter schools in meeting the objectives set forth in section 5224; and

‘‘(F) a description of the characteristics of lenders and

other financial institutions participating in the activities

undertaken by the eligible entity under this subpart during

the reporting period.

‘‘(3) SECRETARIAL REPORT.—The Secretary shall review the

reports submitted under paragraph (1) and shall provide a

comprehensive annual report to Congress on the activities conducted under this subpart.

20 USC 7223f.

20 USC 7223e.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1803

‘‘SEC. 5228. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.

‘‘No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee,

bond, note, evidence of debt, or loan) shall be an obligation of,

or guaranteed in any respect by, the United States. The full faith

and credit of the United States is not pledged to the payment

of funds which may be required to be paid under any obligation

made by an eligible entity pursuant to any provision of this subpart.

‘‘SEC. 5229. RECOVERY OF FUNDS.

‘‘(a) IN GENERAL.—The Secretary, in accordance with chapter

37 of title 31, United States Code, shall collect—

‘‘(1) all of the funds in a reserve account established by

an eligible entity under section 5225(a) if the Secretary determines, not earlier than 2 years after the date on which the

eligible entity first received funds under this subpart, that

the eligible entity has failed to make substantial progress in

carrying out the purposes described in section 5225(a); or

‘‘(2) all or a portion of the funds in a reserve account

established by an eligible entity under section 5225(a) if the

Secretary determines that the eligible entity has permanently

ceased to use all or a portion of the funds in such account

to accomplish any purpose described in section 5225(a).

‘‘(b) EXERCISE OF AUTHORITY.—The Secretary shall not exercise

the authority provided in subsection (a) to collect from any eligible

entity any funds that are being properly used to achieve one or

more of the purposes described in section 5225(a).

‘‘(c) PROCEDURES.—The provisions of sections 451, 452, and

458 of the General Education Provisions Act shall apply to the

recovery of funds under subsection (a).

‘‘(d) CONSTRUCTION.—This section shall not be construed to

impair or affect the authority of the Secretary to recover funds

under part D of the General Education Provisions Act.

‘‘SEC. 5230. DEFINITIONS.

‘‘In this subpart:

‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ has the

meaning given such term in section 5210.

‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— ‘‘(A) a public entity, such as a State or local governmental entity; ‘‘(B) a private nonprofit entity; or

‘‘(C) a consortium of entities described in subparagraphs (A) and (B).

‘‘SEC. 5231. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this subpart, there are authorized to be appropriated $150,000,000 for fiscal year 2002 and such

sums as may be necessary for fiscal year 2003.

‘‘Subpart 3—Voluntary Public School Choice

Programs

‘‘SEC. 5241. GRANTS.

‘‘(a) AUTHORIZATION.—From funds made available under section

5248 to carry out this subpart, the Secretary shall award grants,

on a competitive basis, to eligible entities to enable the entities

20 USC 7225.

20 USC 7223j.

20 USC 7223i.

Applicability.

20 USC 7223h.

20 USC 7223g.

115 STAT. 1804 PUBLIC LAW 107–110—JAN. 8, 2002

to establish or expand a program of public school choice (referred

to in this subpart as a ‘program’) in accordance with this subpart. ‘‘(b) DURATION.—Grants awarded under subsection (a) may be

awarded for a period of not more than 5 years.

‘‘SEC. 5242. USES OF FUNDS.

‘‘(a) REQUIRED USE OF FUNDS.—An eligible entity that receives

a grant under this subpart shall use the grant funds to provide

students selected to participate in the program with transportation

services or the cost of transportation to and from the public

elementary schools and secondary schools, including charter schools,

that the students choose to attend under the program. ‘‘(b) PERMISSIBLE USES OF FUNDS.—An eligible entity that

receives a grant under this subpart may use the grant funds for— ‘‘(1) planning or designing a program (for not more than

1 year); ‘‘(2) the cost of making tuition transfer payments to public

elementary schools or secondary schools to which students

transfer under the program; ‘‘(3) the cost of capacity-enhancing activities that enable

high-demand public elementary schools or secondary schools

to accommodate transfer requests under the program; ‘‘(4) the cost of carrying out public education campaigns

to inform students and parents about the program; and ‘‘(5) other costs reasonably necessary to implement the

program.

‘‘(c) NONPERMISSIBLE USES OF FUNDS.—An eligible entity that

receives a grant under this subpart may not use the grant funds

for school construction.

‘‘(d) ADMINISTRATIVE EXPENSES.—The eligible entity may use

not more than 5 percent of the funds made available through

the grant for any fiscal year for administrative expenses.

‘‘SEC. 5243. APPLICATIONS.

‘‘(a) SUBMISSION.—An eligible entity that desires a grant under

this subpart shall submit an application to the Secretary at such

time, in such manner, and containing such information as the

Secretary may require.

‘‘(b) CONTENTS.—An application submitted under subsection (a)

shall include—

‘‘(1) a description of the program for which the eligible

entity seeks funds and the goals for such program;

‘‘(2) a description of how and when parents of students

will be given the notice required under section 5245(a)(2);

‘‘(3) a description of how students will be selected for the

program;

‘‘(4) a description of how the program will be coordinated

with, and will complement and enhance, other related Federal

and non-Federal projects;

‘‘(5) if the program is to be carried out by a partnership,

the name of each partner and a description of the partner’s

responsibilities; and

‘‘(6) such other information as the Secretary may require.

‘‘SEC. 5244. PRIORITIES.

‘‘In awarding grants under this subpart, the Secretary shall

give priority to an eligible entity—

20 USC 7225c.

20 USC 7225b.

20 USC 7225a.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1805

‘‘(1) whose program would provide the widest variety of

choices to all students in participating schools; ‘‘(2) whose program would, through various choice options,

have the most impact in allowing students in low-performing

schools to attend higher-performing schools; and ‘‘(3) that is a partnership that seeks to implement an

interdistrict approach to carrying out a program.

‘‘SEC. 5245. REQUIREMENTS AND VOLUNTARY PARTICIPATION.

‘‘(a) PARENT AND COMMUNITY INVOLVEMENT AND NOTICE.—In

carrying out a program under this subpart, an eligible entity shall— ‘‘(1) develop the program with— ‘‘(A) the involvement of parents and others in the

community to be served; and ‘‘(B) individuals who will carry out the program,

including administrators, teachers, principals, and other

staff; and

‘‘(2) provide to parents of students in the area to be served

by the program with prompt notice of—

‘‘(A) the existence of the program;

‘‘(B) the program’s availability; and

‘‘(C) a clear explanation of how the program will

operate.

‘‘(b) SELECTION OF STUDENTS.—An eligible entity that receives

a grant under this subpart shall select students to participate

in a program on the basis of a lottery, if more students apply

for admission to the program than can be accommodated.

‘‘(c) VOLUNTARY PARTICIPATION.—Student participation in a program funded under this subpart shall be voluntary.

‘‘SEC. 5246. EVALUATIONS.

‘‘(a) IN GENERAL.—From the amount made available to carry

out this subpart for any fiscal year, the Secretary may reserve

not more than 5 percent—

‘‘(1) to carry out evaluations;

‘‘(2) to provide technical assistance; and

‘‘(3) to disseminate information. ‘‘(b) EVALUATIONS.—In carrying out the evaluations under subsection (a), the Secretary shall, at a minimum, address— ‘‘(1) how, and the extent to which, the programs promote

educational equity and excellence; ‘‘(2) the characteristics of the students participating in

the programs; and ‘‘(3) the effect of the programs on the academic achievement

of students participating in the programs, particularly students

who move from schools identified under section 1116 to schools

not so identified, and on the overall quality of participating

schools and districts.

‘‘SEC. 5247. DEFINITIONS.

‘‘In this subpart:

‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ has the

meaning given such term in section 5210.

‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—

‘‘(A) one or more State educational agencies;

‘‘(B) one or more local educational agencies; or

‘‘(C) a partnership of—

‘‘(i) one or more—

20 USC 7225f.

20 USC 7225e.

20 USC 7225d.

115 STAT. 1806 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(I) State educational agencies; and

‘‘(II) local educational agencies or other public,

for-profit, or nonprofit entities; or

‘‘(ii) one or more—

‘‘(I) local educational agencies; and

‘‘(II) public, for-profit, or nonprofit entities.

‘‘(3) LOW-PERFORMING SCHOOL.—The term ‘low-performing

school’ means a public elementary school or secondary school

that has failed to make adequate yearly progress, as described

in section 1111(b), for two or more consecutive years.

‘‘SEC. 5248. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this subpart $100,000,000 for fiscal year 2002 and each of the 5 succeeding fiscal years.

‘‘PART C—MAGNET SCHOOLS ASSISTANCE

‘‘SEC. 5301. FINDINGS AND PURPOSE.

‘‘(a) FINDINGS.—Congress makes the following findings:

‘‘(1) Magnet schools are a significant part of the Nation’s

effort to achieve voluntary desegregation in our Nation’s

schools.

‘‘(2) The use of magnet schools has increased dramatically

since the inception of the magnet schools assistance program

under this Act, with approximately 2,000,000 students nationwide attending such schools, of whom more than 65 percent

are non-white.

‘‘(3) Magnet schools offer a wide range of distinctive programs that have served as models for school improvement

efforts.

‘‘(4) It is in the best interests of the United States—

‘‘(A) to continue the Federal Government’s support of

local educational agencies that are implementing courtordered desegregation plans and local educational agencies

that are voluntarily seeking to foster meaningful interaction among students of different racial and ethnic backgrounds, beginning at the earliest stage of such students’

education;

‘‘(B) to ensure that all students have equitable access

to a high quality education that will prepare all students

to function well in a technologically oriented and a highly

competitive economy comprised of people from many different racial and ethnic backgrounds; and

‘‘(C) to continue to desegregate and diversify schools

by supporting magnet schools, recognizing that segregation

exists between minority and nonminority students as well

as among students of different minority groups.

‘‘(5) Desegregation efforts through magnet school programs

are a significant part of our Nation’s effort to achieve voluntary

desegregation in schools and help to ensure equal educational

opportunities for all students.

‘‘(b) PURPOSE.—The purpose of this part is to assist in the

desegregation of schools served by local educational agencies by

providing financial assistance to eligible local educational agencies

for—

20 USC 7231.

20 USC 7225g.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1807

‘‘(1) the elimination, reduction, or prevention of minority

group isolation in elementary schools and secondary schools

with substantial proportions of minority students, which shall

include assisting in the efforts of the United States to achieve

voluntary desegregation in public schools; ‘‘(2) the development and implementation of magnet school

programs that will assist local educational agencies in achieving

systemic reforms and providing all students the opportunity

to meet challenging State academic content standards and student academic achievement standards; ‘‘(3) the development and design of innovative educational

methods and practices that promote diversity and increase

choices in public elementary schools and public secondary

schools and public educational programs; ‘‘(4) courses of instruction within magnet schools that will

substantially strengthen the knowledge of academic subjects

and the attainment of tangible and marketable vocational,

technological, and professional skills of students attending such

schools;

‘‘(5) improving the capacity of local educational agencies,

including through professional development, to continue operating magnet schools at a high performance level after Federal

funding for the magnet schools is terminated; and

‘‘(6) ensuring that all students enrolled in the magnet

school programs have equitable access to high quality education

that will enable the students to succeed academically and continue with postsecondary education or productive employment.

‘‘SEC. 5302. DEFINITION.

‘‘For the purpose of this part, the term ‘magnet school’ means

a public elementary school, public secondary school, public

elementary education center, or public secondary education center

that offers a special curriculum capable of attracting substantial

numbers of students of different racial backgrounds.

‘‘SEC. 5303. PROGRAM AUTHORIZED.

‘‘The Secretary, in accordance with this part, is authorized

to award grants to eligible local educational agencies, and consortia

of such agencies where appropriate, to carry out the purpose of

this part for magnet schools that are— ‘‘(1) part of an approved desegregation plan; and

‘‘(2) designed to bring students from different social, economic, ethnic, and racial backgrounds together.

‘‘SEC. 5304. ELIGIBILITY.

‘‘A local educational agency, or consortium of such agencies

where appropriate, is eligible to receive a grant under this part

to carry out the purpose of this part if such agency or consortium—

‘‘(1) is implementing a plan undertaken pursuant to a

final order issued by a court of the United States, or a court

of any State, or any other State agency or official of competent

jurisdiction, that requires the desegregation of minority-groupsegregated children or faculty in the elementary schools and

secondary schools of such agency; or

‘‘(2) without having been required to do so, has adopted

and is implementing, or will, if a grant is awarded to such

local educational agency, or consortium of such agencies, under

this part, adopt and implement a plan that has been approved

20 USC 7231c.

20 USC 7231b.

20 USC 7231a.

115 STAT. 1808 PUBLIC LAW 107–110—JAN. 8, 2002

by the Secretary as adequate under title VI of the Civil Rights

Act of 1964 for the desegregation of minority-group-segregated

children or faculty in such schools.

‘‘SEC. 5305. APPLICATIONS AND REQUIREMENTS.

‘‘(a) APPLICATIONS.—An eligible local educational agency, or

consortium of such agencies, desiring to receive a grant under

this part shall submit an application to the Secretary at such

time, in such manner, and containing such information and assurances as the Secretary may reasonably require. ‘‘(b) INFORMATION AND ASSURANCES.—Each application submitted under subsection (a) shall include— ‘‘(1) a description of— ‘‘(A) how a grant awarded under this part will be

used to promote desegregation, including how the proposed

magnet school programs will increase interaction among

students of different social, economic, ethnic, and racial

backgrounds; ‘‘(B) the manner and extent to which the magnet school

program will increase student academic achievement in

the instructional area or areas offered by the school; ‘‘(C) how the applicant will continue the magnet school

program after assistance under this part is no longer available, and, if applicable, an explanation of why magnet

schools established or supported by the applicant with

grant funds under this part cannot be continued without

the use of grant funds under this part;

‘‘(D) how grant funds under this part will be used—

‘‘(i) to improve student academic achievement for

all students attending the magnet school programs;

and

‘‘(ii) to implement services and activities that are

consistent with other programs under this Act, and

other Acts, as appropriate; and

‘‘(E) the criteria to be used in selecting students to

attend the proposed magnet school program; and

‘‘(2) assurances that the applicant will—

‘‘(A) use grant funds under this part for the purposes

specified in section 5301(b);

‘‘(B) employ highly qualified teachers in the courses

of instruction assisted under this part;

‘‘(C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in—

‘‘(i) the hiring, promotion, or assignment of

employees of the applicant or other personnel for whom

the applicant has any administrative responsibility;

‘‘(ii) the assignment of students to schools, or to

courses of instruction within the schools, of such

applicant, except to carry out the approved plan; and

‘‘(iii) designing or operating extracurricular activities for students;

‘‘(D) carry out a high-quality education program that

will encourage greater parental decisionmaking and

involvement; and

‘‘(E) give students residing in the local attendance area

of the proposed magnet school program equitable consideration for placement in the program, consistent with

20 USC 7231d.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1809

desegregation guidelines and the capacity of the applicant

to accommodate the students. ‘‘(c) SPECIAL RULE.—No grant shall be awarded under this

part unless the Assistant Secretary of Education for Civil Rights

determines that the assurances described in subsection (b)(2)(C)

will be met.

‘‘SEC. 5306. PRIORITY.

‘‘In awarding grants under this part, the Secretary shall give

priority to applicants that— ‘‘(1) demonstrate the greatest need for assistance, based

on the expense or difficulty of effectively carrying out approved

desegregation plans and the magnet school program for which

the grant is sought; ‘‘(2) propose to carry out new magnet school programs,

or significantly revise existing magnet school programs; and ‘‘(3) propose to select students to attend magnet school

programs by methods such as lottery, rather than through

academic examination.

‘‘SEC. 5307. USE OF FUNDS.

‘‘(a) IN GENERAL.—Grant funds made available under this part

may be used by an eligible local educational agency, or consortium

of such agencies— ‘‘(1) for planning and promotional activities directly related

to the development, expansion, continuation, or enhancement

of academic programs and services offered at magnet schools; ‘‘(2) for the acquisition of books, materials, and equipment,

including computers and the maintenance and operation of

materials, equipment, and computers, necessary to conduct programs in magnet schools; ‘‘(3) for the compensation, or subsidization of the compensation, of elementary school and secondary school teachers who

are highly qualified, and instructional staff where applicable,

who are necessary to conduct programs in magnet schools; ‘‘(4) with respect to a magnet school program offered to

less than the entire student population of a school, for instructional activities that— ‘‘(A) are designed to make available the special curriculum that is offered by the magnet school program to

students who are enrolled in the school but who are not

enrolled in the magnet school program; and ‘‘(B) further the purpose of this part; ‘‘(5) for activities, which may include professional development, that will build the recipient’s capacity to operate magnet

school programs once the grant period has ended; ‘‘(6) to enable the local educational agency, or consortium

of such agencies, to have more flexibility in the administration

of a magnet school program in order to serve students attending

a school who are not enrolled in a magnet school program;

and

‘‘(7) to enable the local educational agency, or consortium

of such agencies, to have flexibility in designing magnet schools

for students in all grades.

‘‘(b) SPECIAL RULE.—Grant funds under this part may be used

for activities described in paragraphs (2) and (3) of subsection

(a) only if the activities are directly related to improving student

academic achievement based on the State’s challenging academic

20 USC 7231f.

20 USC 7231e.

115 STAT. 1810 PUBLIC LAW 107–110—JAN. 8, 2002

content standards and student academic achievement standards

or directly related to improving student reading skills or knowledge

of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving vocational, technological,

and professional skills.

‘‘SEC. 5308. PROHIBITION.

‘‘Grants under this part may not be used for transportation

or any activity that does not augment academic improvement.

‘‘SEC. 5309. LIMITATIONS.

‘‘(a) DURATION OF AWARDS.—A grant under this part shall

be awarded for a period that shall not exceed 3 fiscal years. ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local educational

agency, or consortium of such agencies, may expend for planning

(professional development shall not be considered to be planning

for purposes of this subsection) not more than 50 percent of the

grant funds received under this part for the first year of the program

and not more than 15 percent of such funds for each of the second

and third such years. ‘‘(c) AMOUNT.—No local educational agency, or consortium of

such agencies, awarded a grant under this part shall receive more

than $4,000,000 under this part for any 1 fiscal year.

‘‘(d) TIMING.—To the extent practicable, the Secretary shall

award grants for any fiscal year under this part not later than

July 1 of the applicable fiscal year.

‘‘SEC. 5310. EVALUATIONS.

‘‘(a) RESERVATION.—The Secretary may reserve not more than

2 percent of the funds appropriated under section 5311(a) for any

fiscal year to carry out evaluations, provide technical assistance,

and carry out dissemination projects with respect to magnet school

programs assisted under this part.

‘‘(b) CONTENTS.—Each evaluation described in subsection (a),

at a minimum, shall address—

‘‘(1) how and the extent to which magnet school programs

lead to educational quality and improvement;

‘‘(2) the extent to which magnet school programs enhance

student access to a high quality education;

‘‘(3) the extent to which magnet school programs lead to

the elimination, reduction, or prevention of minority group

isolation in elementary schools and secondary schools with

substantial proportions of minority students; and

‘‘(4) the extent to which magnet school programs differ

from other school programs in terms of the organizational

characteristics and resource allocations of such magnet school

programs.

‘‘(c) DISSEMINATION.—The Secretary shall collect and disseminate to the general public information on successful magnet school

programs.

‘‘SEC. 5311. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

‘‘(a) AUTHORIZATION.—For the purpose of carrying out this part,

there are authorized to be appropriated $125,000,000 for fiscal

year 2002 and such sums as may be necessary for each of the

5 succeeding fiscal years.

‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT

PREVIOUSLY ASSISTED.—In any fiscal year for which the amount

20 USC 7231j.

Public

information.

20 USC 7231i.

Deadline.

20 USC 7231h.

20 USC 7231g.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1811

appropriated pursuant to subsection (a) exceeds $75,000,000, the

Secretary shall give priority in using such amounts in excess of

$75,000,000 to awarding grants to local educational agencies or

consortia of such agencies that did not receive a grant under this

part in the preceding fiscal year.

‘‘PART D—FUND FOR THE IMPROVEMENT OF

EDUCATION

‘‘SEC. 5401. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

part the following amounts: ‘‘(1) $550,000,000 for fiscal year 2002.

‘‘(2) $575,000,000 for fiscal year 2003.

‘‘(3) $600,000,000 for fiscal year 2004.

‘‘(4) $625,000,000 for fiscal year 2005.

‘‘(5) $650,000,000 for fiscal year 2006.

‘‘(6) $675,000,000 for fiscal year 2007.

‘‘Subpart 1—Fund for the Improvement of

Education

‘‘SEC. 5411. PROGRAMS AUTHORIZED.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to support

nationally significant programs to improve the quality of elementary

and secondary education at the State and local levels and help

all children meet challenging State academic content and student

academic achievement standards. The Secretary may carry out such

programs directly, or through grants to, or contracts with—

‘‘(1) States or local educational agencies;

‘‘(2) institutions of higher education; and

‘‘(3) other public and private agencies, organizations, and

institutions.

‘‘(b) USES OF FUNDS.—Funds made available under section 5401

to carry out this subpart may be used for any of the following

programs:

‘‘(1) Activities to promote systemic education reform at

the State and local levels, including scientifically based

research, development, and evaluation designed to improve—

‘‘(A) student academic achievement at the State and

local level; and

‘‘(B) strategies for effective parent and community

involvement.

‘‘(2) Programs at the State and local levels that are designed

to yield significant results, including programs to explore

approaches to public school choice and school-based decisionmaking.

‘‘(3) Recognition programs, which may include financial

awards to States, local educational agencies, and schools that

have made the greatest progress, based on the Secretary’s

determination or on a nomination by the State in which the

school is located (or in the case of a Bureau funded school,

by the Secretary of the Interior) in—

‘‘(A) improving the academic achievement of economically disadvantaged students and students from major

racial and ethnic minority groups; and

20 USC 7243.

20 USC 7241.

115 STAT. 1812 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) closing the academic achievement gap for those

groups of students farthest away from the proficient level

on the academic assessments administered by the State

under section 1111.

‘‘(4) Scientifically based studies and evaluations of education reform strategies and innovations, and the dissemination

of information on the effectiveness of such strategies and

innovations.

‘‘(5) Identification and recognition of exemplary schools and

programs, such as Blue Ribbon Schools, including programs

to evaluate the effectiveness of using the best practices of

exemplary or Blue Ribbon Schools to improve academic achievement.

‘‘(6) Activities to support Scholar-Athlete Games programs,

including the World Scholar-Athlete Games and the U.S.

Scholar-Athlete Games.

‘‘(7) Programs to promote voter participation in American

elections through programs, such as the National Student/

Parent Mock Election and Kids Voting USA.

‘‘(8) Demonstrations relating to the planning and evaluation

of the effectiveness of programs under which local educational

agencies or schools contract with private management organizations to reform a school or schools.

‘‘(9) Other programs that meet the purposes of this Act.

‘‘(c) BASIS OF AWARDS.—The Secretary is authorized to—

‘‘(1) make awards under this subpart on the basis of competitions announced by the Secretary; and

‘‘(2) support meritorious unsolicited proposals for awards

under this subpart.

‘‘(d) EFFECTIVENESS OF PROGRAMS.—The Secretary shall ensure

that programs supported under this subpart are designed so that

their effectiveness is readily ascertainable, and shall ensure that

such effectiveness is assessed using rigorous, scientifically based

research and evaluations.

‘‘SEC. 5412. APPLICATIONS.

‘‘(a) SUBMISSION.—To be eligible for an award under this subpart, an entity shall submit an application to the Secretary, at

such time, in such manner, and containing such information as

the Secretary may require.

‘‘(b) CONTENTS.—Each application submitted under subsection

(a) shall—

‘‘(1) establish clear objectives, which are based on scientifically based research, for the proposed program; and

‘‘(2) describe the activities the applicant will carry out

in order to meet the objectives described in paragraph (1).

‘‘(c) PEER REVIEW.—The Secretary shall use a peer review

process in reviewing applications for awards under this subpart

and in recognizing States, local educational agencies, and schools

under section 5411(b)(3), only if funds are used for such recognition

programs. The Secretary may use funds appropriated under this

subpart for the cost of such peer review.

‘‘SEC. 5413. PROGRAM REQUIREMENTS.

‘‘(a) EVALUATIONS.—A recipient of an award under this subpart

shall—

20 USC 7243b.

20 USC 7243a.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1813

‘‘(1) evaluate the effectiveness of the program funded under

the award in achieving the objectives stated in applications

submitted under section 5412; and

‘‘(2) report to the Secretary such information as may be

required to determine the effectiveness of such program,

including evidence of progress toward meeting such objectives.

‘‘(b) DISSEMINATION OF EVALUATION RESULTS.—The Secretary

shall provide for the dissemination of the evaluations of programs

funded under this subpart by making the evaluations publicly available upon request, and shall provide public notice that the evaluations are so available.

‘‘(c) MATCHING FUNDS.—The Secretary may require recipients

of awards under this subpart to provide matching funds from nonFederal sources, and shall permit the recipients to match funds

in whole or in part with in-kind contributions.

‘‘(d) SPECIAL RULE FOR RECOGNITION PROGRAMS.—The application requirements of section 5412(b), and the evaluation requirements of subsections (a) and (b) of this section, do not apply to

recognition programs under section 5411(b)(3).

‘‘SEC. 5414. STUDIES OF NATIONAL SIGNIFICANCE.

‘‘(a) STUDIES.—The Secretary shall conduct the following studies

of national significance:

‘‘(1) UNHEALTHY PUBLIC SCHOOL BUILDINGS.—A study

regarding the health and learning impacts of environmentally

unhealthy public school buildings on students and teachers.

The study shall include the following information:

‘‘(A) The characteristics of those public elementary

school and secondary school buildings that contribute to

unhealthy school environments.

‘‘(B) The health and learning impacts of environmental

unhealthy public school buildings on students that are

attending or that have attended such schools.

‘‘(C) Recommendations to Congress on how to assist

schools that are out of compliance with Federal or State

health and safety codes, and a cost estimate of bringing

up environmentally unhealthy public school buildings to

minimum Federal health and safety building standards.

‘‘(2) EXPOSURE TO VIOLENT ENTERTAINMENT.—A study

regarding how exposure to violent entertainment (such as in

movies, music, television, Internet content, video games, and

arcade games) affects children’s cognitive development and educational achievement.

‘‘(3) SEXUAL ABUSE IN SCHOOLS.—A study regarding the

prevalence of sexual abuse in schools, including recommendations and legislative remedies for addressing the problem of

sexual abuse in schools.

‘‘(b) COMPLETION DATE.—The studies under subsection (a) shall

be completed not later than 18 months after the date of enactment

of the No Child Left Behind Act of 2001.

‘‘(c) PUBLIC DISSEMINATION.—The Secretary shall make the

study conducted under subsection (a)(1) available to the public

through the Educational Resources Information Center National

Clearinghouse for Educational Facilities of the Department.

20 USC 7243c.

Public

information.

Notice.

115 STAT. 1814 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Subpart 2—Elementary and Secondary School

Counseling Programs

‘‘SEC. 5421. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.

‘‘(a) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to local educational agencies to enable such agencies

to establish or expand elementary school and secondary school

counseling programs that comply with the requirements of subsection (c)(2).

‘‘(2) SPECIAL CONSIDERATION.—In awarding grants under

this section, the Secretary shall give special consideration to

applications describing programs that—

‘‘(A) demonstrate the greatest need for new or additional counseling services among children in the schools

served by the local educational agency, in part by providing

information on current ratios of students to school counselors, students to school social workers, and students to

school psychologists;

‘‘(B) propose the most promising and innovative

approaches for initiating or expanding school counseling;

and

‘‘(C) show the greatest potential for replication and

dissemination.

‘‘(3) EQUITABLE DISTRIBUTION.—In awarding grants under

this section, the Secretary shall ensure an equitable geographic

distribution among the regions of the United States and among

local educational agencies located in urban, rural, and suburban

areas.

‘‘(4) DURATION.—A grant under this section shall be

awarded for a period not to exceed 3 years.

‘‘(5) MAXIMUM GRANT.—A grant awarded under this section

shall not exceed $400,000 for any fiscal year.

‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds made available

under this section shall be used to supplement, and not supplant, other Federal, State, or local funds used for providing

school-based counseling and mental health services to students.

‘‘(b) APPLICATIONS.—

‘‘(1) IN GENERAL.—Each local educational agency desiring

a grant under this section shall submit an application to the

Secretary at such time, in such manner, and accompanied

by such information as the Secretary may reasonably require.

‘‘(2) CONTENTS.—Each application for a grant under this

section shall—

‘‘(A) describe the school population to be targeted by

the program, the particular counseling needs of such population, and the current school counseling resources available for meeting such needs;

‘‘(B) describe the activities, services, and training to

be provided by the program and the specific approaches

to be used to meet the needs described in subparagraph

(A);

‘‘(C) describe the methods to be used to evaluate the

outcomes and effectiveness of the program;

20 USC 7245.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1815

‘‘(D) describe how the local educational agency will

involve community groups, social service agencies, and

other public and private entities in collaborative efforts

to enhance the program and promote school-linked services

integration;

‘‘(E) document that the local educational agency has

the personnel qualified to develop, implement, and administer the program;

‘‘(F) describe how diverse cultural populations, if

applicable, will be served through the program;

‘‘(G) assure that the funds made available under this

subpart for any fiscal year will be used to supplement,

and not supplant, any other Federal, State, or local funds

used for providing school-based counseling and mental

health services to students; and

‘‘(H) assure that the applicant will appoint an advisory

board composed of interested parties, including parents,

teachers, school administrators, counseling services providers described in subsection (c)(2)(D), and community

leaders, to advise the local educational agency on the design

and implementation of the program.

‘‘(c) USE OF FUNDS.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to local educational agencies to enable the local educational agencies to initiate or expand elementary school or

secondary school counseling programs that comply with the

requirements of paragraph (2).

‘‘(2) REQUIREMENTS.—Each program funded under this section shall—

‘‘(A) be comprehensive in addressing the counseling

and educational needs of all students;

‘‘(B) use a developmental, preventive approach to counseling;

‘‘(C) increase the range, availability, quantity, and

quality of counseling services in the elementary schools

and secondary schools of the local educational agency;

‘‘(D) expand counseling services through qualified

school counselors, school social workers, school psychologists, other qualified psychologists, or child and adolescent

psychiatrists;

‘‘(E) use innovative approaches to increase children’s

understanding of peer and family relationships, work and

self, decisionmaking, or academic and career planning, or

to improve peer interaction;

‘‘(F) provide counseling services in settings that meet

the range of student needs;

‘‘(G) include in-service training appropriate to the

activities funded under this Act for teachers, instructional

staff, and appropriate school personnel, including in-service

training in appropriate identification and early intervention

techniques by school counselors, school social workers,

school psychologists, other qualified psychologists, and child

and adolescent psychiatrists;

‘‘(H) involve parents of participating students in the

design, implementation, and evaluation of the counseling

program;

115 STAT. 1816 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(I) involve community groups, social service agencies,

or other public or private entities in collaborative efforts

to enhance the program and promote school-linked integration of services;

‘‘(J) evaluate annually the effectiveness and outcomes

of the counseling services and activities assisted under

this section;

‘‘(K) ensure a team approach to school counseling in

the schools served by the local educational agency by

working toward ratios recommended by the American

School Health Association of one school counselor to 250

students, one school social worker to 800 students, and

one school psychologist to 1,000 students; and

‘‘(L) ensure that school counselors, school psychologists,

other qualified psychologists, school social workers, or child

and adolescent psychiatrists paid from funds made available under this section spend a majority of their time

counseling students or in other activities directly related

to the counseling process.

‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than

4 percent of the amounts made available under this section for

any fiscal year may be used for administrative costs to carry out

this section.

‘‘(e) DEFINITIONS.—For the purpose of this section—

‘‘(1) the term ‘child and adolescent psychiatrist’ means an

individual who—

‘‘(A) possesses State medical licensure; and

‘‘(B) has completed residency training programs in both

general psychiatry and child and adolescent psychiatry;

‘‘(2) the term ‘other qualified psychologist’ means an individual who has demonstrated competence in counseling children

in a school setting and who—

‘‘(A) is licensed in psychology by the State in which

the individual works; and

‘‘(B) practices in the scope of the individual’s education,

training, and experience with children in school settings;

‘‘(3) the term ‘school counselor’ means an individual who

has documented competence in counseling children and adolescents in a school setting and who—

‘‘(A) is licensed by the State or certified by an independent professional regulatory authority;

‘‘(B) in the absence of such State licensure or certification, possesses national certification in school counseling

or a specialty of counseling granted by an independent

professional organization; or

‘‘(C) holds a minimum of a master’s degree in school

counseling from a program accredited by the Council for

Accreditation of Counseling and Related Educational Programs or the equivalent;

‘‘(4) the term ‘school psychologist’ means an individual

who—

‘‘(A) has completed a minimum of 60 graduate semester

hours in school psychology from an institution of higher

education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours

are in the school setting;

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1817

‘‘(B) is licensed or certified in school psychology by

the State in which the individual works; or ‘‘(C) in the absence of such State licensure or certification, possesses national certification by the National

School Psychology Certification Board; and

‘‘(5) the term ‘school social worker’ means an individual

who—

‘‘(A) holds a master’s degree in social work from a

program accredited by the Council on Social Work Education; and

‘‘(B)(i) is licensed or certified by the State in which

services are provided; or

‘‘(ii) in the absence of such State licensure or certification, possesses a national credential or certification as

a school social work specialist granted by an independent

professional organization.

‘‘(f) REPORT.—Not later than 2 years after assistance is made

available to local educational agencies under subsection (c), the

Secretary shall make publicly available a report—

‘‘(1) evaluating the programs assisted pursuant to each

grant under this subpart; and

‘‘(2) outlining the information from local educational agencies regarding the ratios of students to—

‘‘(A) school counselors;

‘‘(B) school social workers; and

‘‘(C) school psychologists.

‘‘(g) SPECIAL RULE.—

‘‘(1) AMOUNT EQUALS OR EXCEEDS $40,000,000.—If the amount

of funds made available by the Secretary for this subpart equals

or exceeds $40,000,000, the Secretary shall award not less

than $40,000,000 in grants to local educational agencies to

enable the agencies to establish or expand counseling programs

in elementary schools.

‘‘(2) AMOUNT LESS THAN $40,000,000.—If the amount of funds

made available by the Secretary for this subpart is less than

$40,000,000, the Secretary shall award grants to local educational agencies only to establish or expand counseling programs in elementary schools.

‘‘Subpart 3—Partnerships in Character Education

‘‘SEC. 5431. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to eligible entities for the design and implementation

of character education programs that—

‘‘(A) are able to be integrated into classroom instruction

and to be consistent with State academic content standards;

and

‘‘(B) are able to be carried out in conjunction with

other educational reform efforts.

‘‘(2) ELIGIBLE ENTITY.—In this section, the term ‘eligible

entity’ means—

‘‘(A) a State educational agency in partnership with—

‘‘(i) one or more local educational agencies; or

‘‘(ii) one or more—

‘‘(I) local educational agencies; and

20 USC 7247.

Deadline.

115 STAT. 1818 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(II) nonprofit organizations or entities,

including an institution of higher education; ‘‘(B) a local educational agency or consortium of local

educational agencies; or

‘‘(C) a local educational agency in partnership with

one or more nonprofit organizations or entities, including

an institution of higher education.

‘‘(3) DURATION.—Each grant under this section shall be

awarded for a period not to exceed 5 years, of which the

eligible entity may not use more than 1 year for planning

and program design. ‘‘(4) AMOUNT OF GRANTS FOR STATE EDUCATIONAL AGEN- CIES.—Subject to the availability of appropriations, the amount

of a grant made by the Secretary to a State educational agency

under this section shall not be less than $500,000 if the State

educational agency— ‘‘(A) is in a partnership described in paragraph (2)(A);

and ‘‘(B) meets such requirements as the Secretary may

establish under this section. ‘‘(b) CONTRACTS UNDER PROGRAM.—

‘‘(1) EVALUATION.—Each eligible entity awarded a grant

under this section may contract with outside sources, including

institutions of higher education and private and nonprofit

organizations, for the purposes of—

‘‘(A) evaluating the program for which the assistance

is made available;

‘‘(B) measuring the integration of such program into

the curriculum and teaching methods of schools where

the program is carried out; and

‘‘(C) measuring the success of such program in fostering

the elements of character selected by the recipient under

subsection (c).

‘‘(2) MATERIALS AND PROGRAM DEVELOPMENT.—Each eligible

entity awarded a grant under this section may contract with

outside sources, including institutions of higher education and

private and nonprofit organizations, for assistance in—

‘‘(A) developing secular curricula, materials, teacher

training, and other activities related to character education;

and

‘‘(B) integrating secular character education into the

curricula and teaching methods of schools where the program is carried out.

‘‘(c) ELEMENTS OF CHARACTER.—

‘‘(1) SELECTION.—

‘‘(A) IN GENERAL.—Each eligible entity awarded a grant

under this section may select the elements of character

that will be taught under the program for which the grant

was awarded.

‘‘(B) CONSIDERATION OF VIEWS.—In selecting elements

of character under subparagraph (A), the eligible entity

shall consider the views of the parents of the students

to be taught under the program and the views of the

students.

‘‘(2) EXAMPLE ELEMENTS.—Elements of character selected

under this subsection may include any of the following: ‘‘(A) Caring.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1819

‘‘(B) Civic virtue and citizenship.

‘‘(C) Justice and fairness.

‘‘(D) Respect.

‘‘(E) Responsibility.

‘‘(F) Trustworthiness.

‘‘(G) Giving.

‘‘(H) Any other elements deemed appropriate by the

eligible entity.

‘‘(d) USE OF FUNDS BY STATE EDUCATIONAL AGENCY RECIPI- ENTS.—Of the total funds received in any fiscal year under this

section by an eligible entity that is a State educational agency— ‘‘(1) not more than 3 percent of such funds may be used

for administrative purposes; and ‘‘(2) the remainder of such funds may be used for— ‘‘(A) collaborative initiatives with and between local

educational agencies and schools; ‘‘(B) the preparation or purchase of materials, and

teacher training; ‘‘(C) providing assistance to local educational agencies,

schools, or institutions of higher education; and ‘‘(D) technical assistance and evaluation. ‘‘(e) APPLICATION.—

‘‘(1) IN GENERAL.—Each eligible entity desiring a grant

under this section shall submit an application to the Secretary

at such time and in such manner as the Secretary may require.

‘‘(2) REQUIRED INFORMATION.—Each application for a grant

under this section shall include (together with any other

information that the Secretary may require) information that—

‘‘(A) demonstrates that the program for which the grant

is sought has clear objectives that are based on scientifically

based research;

‘‘(B) describes any partnerships or collaborative efforts

among the organizations and entities of the eligible entity;

‘‘(C) describes the activities that will be carried out

with the grant funds and how such activities will meet

the objectives described in subparagraph (A), including—

‘‘(i) how parents, students, students with disabilities (including those with mental or physical disabilities), and other members of the community, including

members of private and nonprofit organizations, will

be involved in the design and implementation of the

program and how the eligible entity will work with

the larger community to increase the reach and

promise of the program;

‘‘(ii) curriculum and instructional practices that

will be used or developed; and

‘‘(iii) methods of teacher training and parent education that will be used or developed;

‘‘(D) describes how the program for which the grant

is sought will be linked to other efforts to improve academic

achievement, including—

‘‘(i) broader educational reforms that are being

instituted by the eligible entity or its partners; and

‘‘(ii) State academic content standards;

‘‘(E) in the case of an eligible entity that is a State

educational agency, describes how the State educational

agency—

115 STAT. 1820 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(i) will provide technical and professional assistance to its local educational agency partners in the

development and implementation of character education programs; and

‘‘(ii) will assist other interested local educational

agencies that are not members of the original partnership in designing and establishing character education

programs;

‘‘(F) describes how the eligible entity will evaluate the

success of its program—

‘‘(i) based on the objectives described in subparagraph (A); and

‘‘(ii) in cooperation with any national evaluation

conducted pursuant to subsection (h)(2)(B)(iii); and

‘‘(G) assures that the eligible entity annually will provide to the Secretary such information as may be required

to determine the effectiveness of the program.

‘‘(f) SELECTION OF RECIPIENTS.—

‘‘(1) PEER REVIEW.—

‘‘(A) IN GENERAL.—In selecting eligible entities to

receive grants under this section from among the applicants

for such grants, the Secretary shall use a peer review

process that includes the participation of experts in the

field of character education and development.

‘‘(B) USE OF FUNDS.—The Secretary may use funds

appropriated under this section for the cost of carrying

out peer reviews under this paragraph.

‘‘(2) SELECTION CRITERIA.—Each selection under paragraph

(1) shall be made on the basis of the quality of the application

submitted, taking into consideration such factors as—

‘‘(A) the extent to which the program fosters character

in students and the potential for improved student academic achievement;

‘‘(B) the extent and ongoing nature of parental, student,

and community involvement;

‘‘(C) the quality of the plan for measuring and assessing

success; and

‘‘(D) the likelihood that the objectives of the program

will be achieved.

‘‘(3) EQUITABLE DISTRIBUTION.—In making selections under

this subsection, the Secretary shall ensure, to the extent practicable under paragraph (2), that the programs assisted under

this section are equitably distributed among the geographic

regions of the United States, and among urban, suburban,

and rural areas.

‘‘(g) PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND

TEACHERS.—Each eligible entity that receives a grant under this

section shall provide, to the extent feasible and appropriate, for

the participation in programs and activities under this section of

students and teachers in private elementary schools and secondary

schools.

‘‘(h) EVALUATION AND PROGRAM DEVELOPMENT.—

‘‘(1) STATE AND LOCAL REPORTING AND EVALUATION.—Each

eligible entity receiving a grant under this section shall submit

to the Secretary a comprehensive evaluation of the program

assisted under this section, including its impact on students,

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1821

students with disabilities (including those with mental or physical disabilities), teachers, administrators, parents, and others— ‘‘(A) by the end of the second year of the program;

and

‘‘(B) not later than 1 year after completion of the grant

period.

‘‘(2) NATIONAL RESEARCH, DISSEMINATION, AND EVALUA- TION.— ‘‘(A) IN GENERAL.— ‘‘(i) AUTHORIZATION.—The Secretary is authorized

to award grants to, or enter into contracts or cooperative agreements with, State educational agencies or

local educational agencies, institutions of higher education, tribal organizations, or other public or private

agencies or organizations to carry out research,

development, dissemination, technical assistance, and

evaluation activities that support or inform State and

local character education programs. ‘‘(ii) RESERVATION OF FUNDS.—The Secretary shall

reserve not more than 5 percent of the funds made

available under this section to carry out this paragraph.

‘‘(B) USES.—Funds made available under subparagraph

(A) may be used for the following:

‘‘(i) Conducting research and development activities that focus on matters such as—

‘‘(I) the extent to which schools are undertaking character education initiatives;

‘‘(II) the effectiveness of instructional models

for all students, including students with disabilities (including those with mental or physical

disabilities);

‘‘(III) materials and curricula for use by programs in character education;

‘‘(IV) models of professional development in

character education;

‘‘(V) the development of measures of effectiveness for character education programs (which may

include the factors described in paragraph (3));

and

‘‘(VI) the effectiveness of State and local programs receiving funds under this section.

‘‘(ii) Providing technical assistance to State and

local programs, particularly on matters of program

evaluation.

‘‘(iii) Conducting evaluations of State and local

programs receiving funding under this section, that

may be conducted through a national clearinghouse

under clause (iv).

‘‘(iv) Compiling and disseminating, through a

national clearinghouse or other means—

‘‘(I) information on model character education

programs;

‘‘(II) information about high quality character

education materials and curricula;

‘‘(III) research findings in the area of character

education and character development; and

Deadline.

115 STAT. 1822 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(IV) any other information that will be useful

to character education program participants

nationwide, including educators, parents, and

administrators.

‘‘(C) PARTNERSHIPS.—In carrying out national activities

under this paragraph, the Secretary may enter into partnerships with national nonprofit character education

organizations and institutions of higher education with

expertise and successful experience in implementing— ‘‘(i) character education programs that had an

effective impact on schools, students, students with

disabilities (including those with mental or physical

disabilities), and teachers; or ‘‘(ii) character education program evaluation and

research.

‘‘(D) PARTNERSHIP FOR ACTIVITIES UNDER SUBPARAGRAPH (B)(iv).—In carrying out national activities under

subparagraph (B)(iv), the Secretary may enter into a partnership with a national nonprofit character education

organization that will disseminate information to educators, parents, administrators, and others nationwide,

including information about the range of model character

education programs, materials, and curricula.

‘‘(E) REPORT.—Each entity awarded a grant or entering

into a contract or cooperative agreement under this paragraph shall submit an annual report to the Secretary that—

‘‘(i) describes the entity’s progress in carrying out

research, development, dissemination, evaluation, and

technical assistance under this paragraph;

‘‘(ii) identifies unmet and future information needs

in the field of character education; and

‘‘(iii) if applicable, describes the progress of the

entity in carrying out the requirements of subparagraph (B)(iv), including a listing of—

‘‘(I) the number of requests for information

received by the entity in the course of carrying

out such requirements;

‘‘(II) the types of organizations making such

requests; and

‘‘(III) the types of information requested.

‘‘(3) FACTORS.—Factors that may be considered in evaluating the success of programs funded under this section include

the following:

‘‘(A) Discipline issues.

‘‘(B) Student academic achievement.

‘‘(C) Participation in extracurricular activities.

‘‘(D) Parental and community involvement.

‘‘(E) Faculty and administration involvement.

‘‘(F) Student and staff morale.

‘‘(G) Overall improvements in school climate for all

students, including students with disabilities (including

those with mental or physical disabilities).

‘‘(i) PERMISSIVE MATCH.—

‘‘(1) IN GENERAL.—The Secretary may require eligible entities to match funds awarded under this section with nonFederal funds, except that the amount of the match may not

exceed the amount of the grant award.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1823

‘‘(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding scale that

takes into account—

‘‘(A) the poverty of the population to be targeted by

the eligible entity; and

‘‘(B) the ability of the eligible entity to obtain funding

for the match.

‘‘(3) IN-KIND CONTRIBUTIONS.—The Secretary shall permit

eligible entities to match funds in whole or in part with inkind contributions.

‘‘(4) CONSIDERATION.—Notwithstanding this subsection, the

Secretary in making awards under this section shall not consider the ability of an eligible entity to match funds.

‘‘Subpart 4—Smaller Learning Communities

‘‘SEC. 5441. SMALLER LEARNING COMMUNITIES.

‘‘(a) GRANT AUTHORITY.—The Secretary is authorized to award

grants to local educational agencies to enable the agencies to create

a smaller learning community or communities.

‘‘(b) APPLICATION.—Each local educational agency desiring a

grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such

information as the Secretary may require. The application shall

include descriptions of the following:

‘‘(1) Strategies and methods the local educational agency

will use to create the smaller learning community or communities.

‘‘(2) Curriculum and instructional practices, including any

particular themes or emphases, to be used in the smaller

learning environment.

‘‘(3) The extent of involvement of teachers and other school

personnel in investigating, designing, implementing, and sustaining the smaller learning community or communities. ‘‘(4) The process to be used for involving students, parents,

and other stakeholders in the development and implementation

of the smaller learning community or communities.

‘‘(5) Any cooperation or collaboration among community

agencies, organizations, businesses, and others to develop or

implement a plan to create the smaller learning community

or communities.

‘‘(6) The training and professional development activities

that will be offered to teachers and others involved in the

activities assisted under this subpart.

‘‘(7) The objectives of the activities assisted under this

subpart, including a description of how such activities will

better enable all students to reach challenging State academic

content standards and State student academic achievement

standards.

‘‘(8) The methods by which the local educational agency

will assess progress in meeting the objectives described in paragraph (7).

‘‘(9) If the smaller learning community or communities

exist as a school-within-a-school, the relationship, including

governance and administration, of the smaller learning community to the remainder of the school.

20 USC 7249.

115 STAT. 1824 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(10) The administrative and managerial relationship

between the local educational agency and the smaller learning

community or communities, including how such agency will

demonstrate a commitment to the continuity of the smaller

learning community or communities (including the continuity

of student and teacher assignment to a particular learning

community). ‘‘(11) How the local educational agency will coordinate or

use funds provided under this subpart with other funds provided under this Act or other Federal laws. ‘‘(12) The grade levels or ages of students who will participate in the smaller learning community or communities. ‘‘(13) The method of placing students in the smaller

learning community or communities, such that students are

not placed according to ability or any other measure, but are

placed at random or by their own choice, and not pursuant

to testing or other judgments.

‘‘(c) AUTHORIZED ACTIVITIES.—Funds under this section may

be used for one or more of the following: ‘‘(1) To study— ‘‘(A) the feasibility of creating the smaller learning

community or communities; and ‘‘(B) effective and innovative organizational and

instructional strategies that will be used in the smaller

learning community or communities.

‘‘(2) To research, develop, and implement— ‘‘(A) strategies for creating the smaller learning

community or communities; and ‘‘(B) strategies for effective and innovative changes in

curriculum and instruction, geared to challenging State

academic content standards and State student academic

achievement standards.

‘‘(3) To provide professional development for school staff

in innovative teaching methods that— ‘‘(A) challenge and engage students; and

‘‘(B) will be used in the smaller learning community

or communities.

‘‘(4) To develop and implement strategies to include parents, business representatives, local institutions of higher education, community-based organizations, and other community

members in the smaller learning communities as facilitators

of activities that enable teachers to participate in professional

development activities and provide links between students and

their community.

‘‘Subpart 5—Reading Is Fundamental—

Inexpensive Book Distribution Program

‘‘SEC. 5451. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR

READING MOTIVATION.

‘‘(a) PURPOSE.—The purpose of this subpart is to establish

and implement a model partnership between a governmental entity

and a private entity, to help prepare young children for reading

and to motivate older children to read, through the distribution

of inexpensive books. Local reading motivation programs assisted

under this section shall use such assistance to provide books,

training for volunteers, motivational activities, and other essential

20 USC 7251.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1825

literacy resources and shall assign the highest priority to serving

the youngest and neediest children in the United States.

‘‘(b) AUTHORIZATION.—The Secretary is authorized to enter into

a contract with Reading Is Fundamental (RIF) (hereafter in this

section referred to as the ‘contractor’) to support and promote programs, which include the distribution of inexpensive books to young

and school-age children, that motivate children to read.

‘‘(c) REQUIREMENTS OF CONTRACT.—Any contract entered into

under subsection (b) shall contain each of the following:

‘‘(1) A provision that the contractor will enter into subcontracts with local private nonprofit groups or organizations,

or with public agencies, under which each subcontractor will

agree to establish, operate, and provide the non-Federal share

of the cost of reading motivation programs that include the

distribution of books, by gift (to the extent feasible) or by

loan, to children from birth through secondary school age,

including children in family literacy programs.

‘‘(2) A provision that funds made available to subcontractors

will be used only to pay the Federal share of the cost of

such programs.

‘‘(3) A provision that, in selecting subcontractors for initial

funding, the contractor will give priority to programs that will

serve a substantial number or percentage of children with

special needs, such as the following:

‘‘(A) Low-income children, particularly in high-poverty

areas.

‘‘(B) Children at risk of school failure.

‘‘(C) Children with disabilities.

‘‘(D) Foster children.

‘‘(E) Homeless children.

‘‘(F) Migrant children.

ildren without access to libraries.

‘‘(H) Institutionalized or incarcerated children.

‘‘(I) Children whose parents are institutionalized or

incarcerated.

‘‘(4) A provision that the contractor will provide such

training and technical assistance to subcontractors as may be

necessary to carry out the purpose of this subpart.

‘‘(5) A provision that the contractor will annually report

to the Secretary the number, and a description, of programs

funded under paragraph (3).

‘‘(6) Such other terms and conditions as the Secretary determines to be appropriate to ensure the effectiveness of such

programs.

‘‘(d) RESTRICTION ON PAYMENTS.—The Secretary shall make

no payment of the Federal share of the cost of acquiring and

distributing books under any contract under this section unless

the Secretary determines that the contractor or subcontractor, as

the case may be, has made arrangements with book publishers

or distributors to obtain books at discounts at least as favorable

as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in

the absence of Federal assistance.

‘‘(e) SPECIAL RULES FOR CERTAIN SUBCONTRACTORS.—

‘‘(1) FUNDS FROM OTHER FEDERAL SOURCES.—Subcontractors operating programs under this section in low-income

Contracts.

115 STAT. 1826 PUBLIC LAW 107–110—JAN. 8, 2002

communities with a substantial number or percentage of children with special needs, as described in subsection (c)(3), may

use funds from other Federal sources to pay the non-Federal

share of the cost of the program, if those funds do not comprise

more than 50 percent of the non-Federal share of the funds

used for the cost of acquiring and distributing books. ‘‘(2) WAIVER AUTHORITY.—Notwithstanding subsection (c),

the contractor may waive, in whole or in part, the requirement

in subsection (c)(1) for a subcontractor, if the subcontractor

demonstrates that it would otherwise not be able to participate

in the program, and enters into an agreement with the contractor with respect to the amount of the non-Federal share

to which the waiver will apply. In a case in which such a

waiver is granted, the requirement in subsection (c)(2) shall

not apply.

‘‘(f) MULTI-YEAR CONTRACTS.—The contractor may enter into

a multi-year subcontract under this section, if— ‘‘(1) the contractor believes that such subcontract will provide the subcontractor with additional leverage in seeking local

commitments; and ‘‘(2) the subcontract does not undermine the finances of

the national program.

‘‘(g) FEDERAL SHARE DEFINED.—In this section, the term ‘Federal share’ means, with respect to the cost to a subcontractor

of purchasing books to be paid for under this section, 75 percent

of such costs to the subcontractor, except that the Federal share

for programs serving children of migrant or seasonal farmworkers

shall be 100 percent of such costs to the subcontractor.

‘‘Subpart 6—Gifted and Talented Students

‘‘SEC. 5461. SHORT TITLE.

‘‘This subpart may be cited as the ‘Jacob K. Javits Gifted

and Talented Students Education Act of 2001’.

‘‘SEC. 5462. PURPOSE.

‘‘The purpose of this subpart is to initiate a coordinated program

of scientifically based research, demonstration projects, innovative

strategies, and similar activities designed to build and enhance

the ability of elementary schools and secondary schools nationwide

to meet the special educational needs of gifted and talented students.

‘‘SEC. 5463. RULE OF CONSTRUCTION.

Nothing in this subpart shall be construed to prohibit a

recipient of funds under this subpart from serving gifted and talented students simultaneously with students with similar educational needs, in the same educational settings, where appropriate.

‘‘SEC. 5464. AUTHORIZED PROGRAMS.

‘‘(a) ESTABLISHMENT OF PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary (after consultation with

experts in the field of the education of gifted and talented

students) is authorized to make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, other public agencies,

and other private agencies and organizations (including Indian

tribes and Indian organizations (as such terms are defined

20 USC 7253c.

20 USC 7253b.

20 USC 7253a.

20 USC 7253.

Jacob K. Javits

Gifted and

Talented

Students

Education Act of

2001.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1827

in section 4 of the Indian Self-Determination and Education

Assistance Act (25 U.S.C. 450b)) and Native Hawaiian organizations) to assist such agencies, institutions, and organizations

in carrying out programs or projects authorized by this subpart

that are designed to meet the educational needs of gifted and

talented students, including the training of personnel in the

education of gifted and talented students and in the use, where

appropriate, of gifted and talented services, materials, and

methods for all students.

‘‘(2) APPLICATION.—Each entity seeking assistance under

this subpart shall submit an application to the Secretary at

such time, in such manner, and containing such information

as the Secretary may reasonably require. Each such application

shall describe how— ‘‘(A) the proposed gifted and talented services, materials, and methods can be adapted, if appropriate, for use

by all students; and ‘‘(B) the proposed programs can be evaluated. ‘‘(b) USE OF FUNDS.—Programs and projects assisted under

this section may include each of the following:

‘‘(1) Conducting—

‘‘(A) scientifically based research on methods and techniques for identifying and teaching gifted and talented

students and for using gifted and talented programs and

methods to serve all students; and

‘‘(B) program evaluations, surveys, and the collection,

analysis, and development of information needed to accomplish the purpose of this subpart.

‘‘(2) Carrying out professional development (including

fellowships) for personnel (including leadership personnel)

involved in the education of gifted and talented students.

‘‘(3) Establishing and operating model projects and exemplary programs for serving gifted and talented students,

including innovative methods for identifying and educating students who may not be served by traditional gifted and talented

programs (such as summer programs, mentoring programs,

service learning programs, and cooperative programs involving

business, industry, and education).

‘‘(4) Implementing innovative strategies, such as cooperative learning, peer tutoring, and service learning.

‘‘(5) Carrying out programs of technical assistance and

information dissemination, including assistance and information with respect to how gifted and talented programs and

methods, where appropriate, may be adapted for use by all

students.

‘‘(6) Making materials and services available through State

regional educational service centers, institutions of higher education, or other entities.

‘‘(7) Providing funds for challenging, high-level course work,

disseminated through technologies (including distance

learning), for individual students or groups of students in

schools and local educational agencies that would not otherwise

have the resources to provide such course work.

‘‘(c) SPECIAL RULE.—To the extent that funds appropriated to

carry out this subpart for a fiscal year beginning with fiscal year

2002 exceed such funds appropriated for fiscal year 2001, the Secretary shall use such excess funds to award grants, on a competitive

115 STAT. 1828 PUBLIC LAW 107–110—JAN. 8, 2002

basis, to State educational agencies, local educational agencies,

or both, to implement activities described in subsection (b). ‘‘(d) CENTER FOR RESEARCH AND DEVELOPMENT.—

‘‘(1) IN GENERAL.—The Secretary (after consultation with

experts in the field of the education of gifted and talented

students) shall establish a National Research Center for the

Education of Gifted and Talented Children and Youth through

grants to, or contracts with, one or more institutions of higher

education or State educational agencies, or a combination or

consortium of such institutions and agencies and other public

or private agencies and organizations, for the purpose of carrying out activities described in subsection (b). ‘‘(2) DIRECTOR.—The National Center shall be headed by

a Director. The Secretary may authorize the Director to carry

out such functions of the National Center as may be agreed

upon through arrangements with institutions of higher education, State educational agencies, local educational agencies,

or other public or private agencies and organizations. ‘‘(3) FUNDING.—The Secretary may use not more than 30

percent of the funds made available under this subpart for

fiscal year 2001 to carry out this subsection.

‘‘(e) COORDINATION.—Scientifically based research activities

supported under this subpart—

‘‘(1) shall be carried out in consultation with the Office

of Educational Research and Improvement to ensure that such

activities are coordinated with and enhance the research and

development activities supported by such Office; and

‘‘(2) may include collaborative scientifically based research

activities which are jointly funded and carried out with such

Office.

‘‘SEC. 5465. PROGRAM PRIORITIES.

‘‘(a) GENERAL PRIORITY.—In carrying out this subpart, the Secretary shall give highest priority to programs and projects designed

to develop new information that— ‘‘(1) improves the capability of schools to plan, conduct,

and improve programs to identify and serve gifted and talented

students; and

‘‘(2) assists schools in the identification of, and provision

of services to, gifted and talented students (including economically disadvantaged individuals, individuals with limited

English proficiency, and individuals with disabilities) who may

not be identified and served through traditional assessment

methods.

‘‘(b) SERVICE PRIORITY.—The Secretary shall ensure that not

less than 50 percent of the applications approved under section

5464(a)(2) in a fiscal year address the priority described in subsection (a)(2).

‘‘SEC. 5466. GENERAL PROVISIONS.

‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND

TEACHERS.—In making grants and entering into contracts under

this subpart, the Secretary shall ensure, where appropriate, that

provision is made for the equitable participation of students and

teachers in private nonprofit elementary schools and secondary

schools, including the participation of teachers and other personnel

in professional development programs serving such students.

20 USC 7253e.

20 USC 7253d.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1829

‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—The Secretary

shall—

‘‘(1) use a peer review process in reviewing applications

under this subpart;

‘‘(2) ensure that information on the activities and results

of programs and projects funded under this subpart is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations,

including nonprofit private organizations; and

‘‘(3) evaluate the effectiveness of programs under this subpart in accordance with section 9601, in terms of the impact

on students traditionally served in separate gifted and talented

programs and on other students, and submit the results of

such evaluation to Congress not later than 2 years after the

date of enactment of the No Child Left Behind Act of 2001.

‘‘(c) PROGRAM OPERATIONS.—The Secretary shall ensure that

the programs under this subpart are administered within the

Department by a person who has recognized professional qualifications and experience in the field of the education of gifted and

talented students and who shall—

‘‘(1) administer and coordinate the programs authorized

under this subpart;

‘‘(2) serve as a focal point of national leadership and

information on the educational needs of gifted and talented

students and the availability of educational services and programs designed to meet such needs;

‘‘(3) assist the Assistant Secretary for Educational Research

and Improvement in identifying research priorities that reflect

the needs of gifted and talented students; and

‘‘(4) shall disseminate, and consult on, the information

developed under this subpart with other offices within the

Department.

‘‘Subpart 7—Star Schools Program

‘‘SEC. 5471. SHORT TITLE.

‘‘This subpart may be cited as the ‘Star Schools Act’.

‘‘SEC. 5472. PURPOSES.

‘‘The purposes of this subpart are the following:

‘‘(1) To encourage improved instruction in mathematics,

science, and foreign languages as well as other subjects (such

as literacy skills and vocational education).

‘‘(2) To serve underserved populations, including disadvantaged, illiterate, limited English proficient populations, and

individuals with disabilities through a Star Schools program

under which grants are made to eligible telecommunication

partnerships to enable such partnerships—

‘‘(A) to develop, construct, acquire, maintain, and

operate telecommunications audio and visual facilities and

equipment;

‘‘(B) to develop and acquire educational and instructional programming; and

‘‘(C) to obtain technical assistance for the use of such

facilities and instructional programming.

20 USC 7255a.

20 USC 7255.

Star Schools Act.

Deadline.

115 STAT. 1830 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 5473. GRANT PROGRAM AUTHORIZED.

‘‘(a) AUTHORIZATION.—The Secretary, in conjunction with the

Office of Educational Technology, is authorized to make grants,

in accordance with the provisions of this subpart, to eligible entities

to pay the Federal share of the cost of the following: ‘‘(1) Development, construction, acquisition, maintenance,

and operation of telecommunications facilities and equipment. ‘‘(2) Development and acquisition of live, interactive

instructional programming. ‘‘(3) Development and acquisition of preservice and

inservice teacher training programs based on established

research regarding teacher-to-teacher mentoring, and ongoing,

in-class instruction. ‘‘(4) Establishment of teleconferencing facilities and

resources for making interactive training available to teachers. ‘‘(5) Obtaining technical assistance.

‘‘(6) Coordination of the design and connectivity of telecommunications networks to reach the greatest number of

schools.

‘‘(b) DURATION AND AMOUNT.— ‘‘(1) IN GENERAL.—A grant under this section may not

exceed—

‘‘(A) 5 years in duration (subject to subsection (c));

and

‘‘(B) $10,000,000 in any single fiscal year.

‘‘(c) RENEWAL.—

‘‘(1) IN GENERAL.—Grants awarded under subsection (a)

may be renewed for a single additional period of 3 years.

‘‘(2) CONTINUING ELIGIBILITY.—In order to be eligible to

receive a grant renewal under this subsection, a grant recipient

shall demonstrate, to the satisfaction of the Secretary, in an

addendum to its application submitted under section 5474,

that the grant recipient will—

‘‘(A) continue to provide services in the subject areas

and geographic areas assisted with funds received under

this subpart for the previous grant period; and

‘‘(B) use all grant funds received under this subpart

for the 3 year renewal period to provide expanded services

by—

‘‘(i) increasing the number of students, schools,

or school districts served by the courses of instruction

assisted under this part in the previous fiscal year;

‘‘(ii) providing new courses of instruction; and

‘‘(iii) serving new populations of underserved

individuals, such as children or adults who are disadvantaged, have limited English proficiency, are

individuals with disabilities, are illiterate, or lack secondary school diplomas or their recognized equivalent.

‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Grant funds received

under this subsection shall be used to supplement, and not

supplant, services provided by the grant recipient under this

subpart in the previous fiscal year.

‘‘(d) RESERVATIONS.—

‘‘(1) INSTRUCTIONAL PROGRAMMING.—At least 25 percent

of the funds made available to the Secretary for any fiscal

year under this subpart shall be used for the cost of instructional programming.

20 USC 7255b.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1831

‘‘(2) LOCAL EDUCATIONAL AGENCY ASSISTANCE.—At least 50

percent of the funds available in any fiscal year under this

subpart shall be used for the cost of facilities, equipment,

teacher training or retraining, technical assistance, or programming, for local educational agencies that are eligible to receive

assistance under part A of title I.

‘‘(e) FEDERAL SHARE.—

‘‘(1) AMOUNT.—The Federal share of the cost of projects

funded under this section shall not exceed the following

amounts:

‘‘(A) 75 percent for the first and second years for which

an eligible telecommunications partnership receives a grant

under this subpart.

‘‘(B) 60 percent for the third and fourth such years.

‘‘(C) 50 percent for the fifth such year.

‘‘(2) REDUCTION OR WAIVER.—The Secretary may reduce

or waive the corresponding non-Federal share under paragraph

(1) upon a showing of financial hardship.

‘‘(f) REQUIRED LOCAL EDUCATIONAL AGENCY PARTICIPATION.—

The Secretary is authorized to make a grant under this section

to any eligible entity, if at least one local educational agency is

participating in the proposed program.

‘‘(g) ASSISTANCE OBTAINING SATELLITE TIME.—The Secretary

may assist recipients of grants made under this section in acquiring

satellite time, where appropriate, as economically as possible.

‘‘SEC. 5474. APPLICATIONS.

‘‘(a) SUBMISSION.—Each eligible entity that desires to receive

a grant under section 5473 shall submit an application to the

Secretary, at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably

require.

‘‘(b) CONTENTS.—An application submitted under subsection (a)

shall include each of the following:

‘‘(1) A description of how the proposed program will assist

all students to have an opportunity to meet challenging State

academic achievement standards, how such program will assist

State and local educational reform efforts, and how such program will contribute to creating a high-quality system of educational development.

‘‘(2) A description of the telecommunications facilities and

equipment and technical assistance for which assistance is

sought, which may include—

‘‘(A) the design, development, construction, acquisition,

maintenance, and operation of State or multistate educational telecommunications networks and technology

resource centers;

‘‘(B) microwave, fiber optics, cable, and satellite transmission equipment or any combination thereof;

‘‘(C) reception facilities;

‘‘(D) satellite time;

‘‘(E) production facilities;

‘‘(F) other telecommunications equipment capable of

serving a wide geographic area;

‘‘(G) the provision of training services to instructors

who will be using the facilities and equipment for which

20 USC 7255c.

115 STAT. 1832 PUBLIC LAW 107–110—JAN. 8, 2002

assistance is sought, including training in using such facilities and equipment and training in integrating programs

into the classroom curriculum; and

‘‘(H) the development of educational and related

programming for use on a telecommunications network.

‘‘(3) In the case of an application for assistance for instructional programming, a description of the types of programming

that will be developed to enhance instruction and training

and provide an assurance that such programming will be

designed in consultation with professionals (including classroom

teachers) who are experts in the applicable subject matter

and grade level.

‘‘(4) A description of how the eligible entity has engaged

in sufficient survey and analysis of the area to be served

to ensure that the services offered by the eligible entity will

increase the availability of courses of instruction in English,

mathematics, science, foreign languages, arts, history, geography, or other disciplines.

‘‘(5) A description of the professional development policies

for teachers and other school personnel to be implemented

to ensure the effective use of the telecommunications facilities

and equipment for which assistance is sought.

‘‘(6) A description of the manner in which historically

underserved students (such as students from low-income families, limited English proficient students, students with disabilities, or students who have low literacy skills) and their families, will participate in the benefits of the telecommunications

facilities, equipment, technical assistance, and programming

assisted under this subpart.

‘‘(7) A description of how existing telecommunications

equipment, facilities, and services, where available, will be

used.

‘‘(8) An assurance that the financial interest of the United

States in the telecommunications facilities and equipment will

be protected for the useful life of such facilities and equipment.

‘‘(9) An assurance that a significant portion of any facilities

and equipment, technical assistance, and programming for

which assistance is sought for elementary schools and secondary

schools will be made available to schools or local educational

agencies that have a high number or percentage of children

eligible to be counted under part A of title I.

‘‘(10) An assurance that the applicant will use the funds

provided under this subpart to supplement, and not supplant,

funds available for the purposes of this subpart.

‘‘(11) A description of how funds received under this subpart

will be coordinated with funds received for educational technology in the classroom.

‘‘(12) A description of the activities or services for which

assistance is sought, such as—

‘‘(A) providing facilities, equipment, training services,

and technical assistance;

‘‘(B) making programs accessible to students with

disabilities through mechanisms such as closed captioning

and descriptive video services;

‘‘(C) linking networks around issues of national importance (such as elections) or to provide information about

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1833

employment opportunities, job training, or student and

other social service programs;

‘‘(D) sharing curriculum resources between networks

and development of program guides which demonstrate

cooperative, cross-network listing of programs for specific

curriculum areas;

‘‘(E) providing teacher and student support services,

including classroom and training support materials which

permit student and teacher involvement in the live interactive distance learning telecasts;

‘‘(F) incorporating community resources, such as

libraries and museums, into instructional programs;

‘‘(G) providing professional development for teachers,

including, as appropriate, training to early childhood

development and Head Start teachers and staff and vocational education teachers and staff, and adult and family

educators;

‘‘(H) providing programs for adults to maximize the

use of telecommunications facilities and equipment;

‘‘(I) providing teacher training on proposed or established models of exemplary academic content standards

in mathematics and science and other disciplines as such

standards are developed; and

‘‘(J) providing parent education programs during and

after the regular school day which reinforce a student’s

course of study and actively involve parents in the learning

process.

‘‘(13) A description of how the proposed program as a

whole will be financed and how arrangements for future

financing will be developed before the program expires.

‘‘(14) An assurance that a significant portion of any facilities, equipment, technical assistance, and programming for

which assistance is sought for elementary schools and secondary

schools will be made available to schools in local educational

agencies that have a high percentage of children counted for

the purpose of part A of title I.

‘‘(15) An assurance that the applicant will provide such

information and cooperate in any evaluation that the Secretary

may conduct under this subpart.

‘‘(16) Such additional assurances as the Secretary may

reasonably require.

‘‘(c) APPROVAL.—In approving applications submitted under subsection (a) for grants under section 5473, the Secretary shall—

‘‘(1) to the extent feasible, ensure an equitable geographic

distribution of services provided under this subpart.

‘‘(2) give priority to applications describing programs that—

‘‘(A) propose high-quality plans, will provide instruction

consistent with State academic content standards, or will

otherwise provide significant and specific assistance to

States and local educational agencies undertaking systemic

education reform;

‘‘(B) will provide services to programs serving adults,

especially parents, with low levels of literacy;

‘‘(C) will serve schools with significant numbers of children counted for the purposes of part A of title I;

‘‘(D) ensure that the eligible entity will—

115 STAT. 1834 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(i) serve the broadest range of institutions, programs providing instruction outside of the school setting, programs serving adults, especially parents, with

low levels of literacy, institutions of higher education,

teacher training centers, research institutes, and private industry;

‘‘(ii) have substantial academic and teaching

capabilities, including the capability of training,

retraining, and inservice upgrading of teaching skills

and the capability to provide professional development;

‘‘(iii) provide a comprehensive range of courses for

educators to teach instructional strategies for students

with different skill levels;

‘‘(iv) provide training to participating educators

in ways to integrate telecommunications courses into

existing school curriculum;

‘‘(v) provide instruction for students, teachers, and

parents;

‘‘(vi) serve a multistate area; and

‘‘(vii) give priority to the provision of equipment

and linkages to isolated areas; and

‘‘(E) involve a telecommunications entity (such as a

satellite, cable, telephone, computer, or public or private

television stations) participating in the eligible entity and

donating equipment or in-kind services for telecommunications linkages.

‘‘SEC. 5475. OTHER GRANT ASSISTANCE.

‘‘(a) SPECIAL STATEWIDE NETWORK.—

‘‘(1) IN GENERAL.—The Secretary, in conjunction with the

Office of Educational Technology, may provide assistance to

a statewide telecommunications network if such network—

‘‘(A) provides 2-way full-motion interactive video and

audio communications;

‘‘(B) links together public colleges and universities and

secondary schools throughout the State; and

‘‘(C) meets any other requirements determined appropriate by the Secretary.

‘‘(2) MATCHING CONTRIBUTION.—A statewide telecommunications network assisted under paragraph (1) shall contribute,

either directly or through private contributions, non-Federal

funds equal to not less than 50 percent of the cost of such

network.

‘‘(b) SPECIAL LOCAL NETWORK.—

‘‘(1) IN GENERAL.—The Secretary is authorized to provide

assistance, on a competitive basis, to a local educational agency,

or a consortium of such agencies, to enable such agency or

consortium to establish a high-technology demonstration program.

‘‘(2) PROGRAM REQUIREMENTS.—A high-technology demonstration program assisted under paragraph (1) shall— ‘‘(A) include 2-way full-motion interactive video, audio,

and text communications;

‘‘(B) link together elementary schools and secondary

schools, colleges, and universities;

‘‘(C) provide parent participation and family programs;

‘‘(D) include a staff development program; and

20 USC 7255d.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1835

‘‘(E) have a significant contribution and participation

from business and industry.

‘‘(3) MATCHING REQUIREMENT.—A local educational agency

or consortium receiving a grant under paragraph (1) shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the

amount of the grant.

‘‘(c) TELECOMMUNICATIONS PROGRAMS FOR CONTINUING EDUCATION.—

‘‘(1) AUTHORITY.—The Secretary is authorized to award

grants, on a competitive basis, to eligible entities to develop

and operate one or more programs that provide online access

to educational resources in support of continuing education

and curriculum requirements relevant to achieving a secondary

school diploma or its recognized equivalent. The program

authorized by this subsection shall be designed to advance

adult literacy, secondary school completion, and the acquisition

of specified competency by the end of the 12th grade.

‘‘(2) APPLICATIONS.—Each eligible entity desiring a grant

under this subsection shall submit an application to the Secretary. The application shall include each of the following:

‘‘(A) A demonstration that the applicant will use publicly funded or free public telecommunications infrastructure to deliver video, voice, and data in an integrated

service to support and assist in the acquisition of a secondary school diploma or its recognized equivalent.

‘‘(B) An assurance that the content of the materials

to be delivered is consistent with the accreditation requirements of the State for which such materials are used.

‘‘(C) To the extent feasible, materials developed in the

Federal departments and agencies and under appropriate

federally funded programs.

‘‘(D) An assurance that the applicant has the technological and substantive experience to carry out the program.

‘‘(E) Such additional assurances as the Secretary may

reasonably require.

‘‘SEC. 5476. ADMINISTRATIVE PROVISIONS.

‘‘(a) LEADERSHIP, EVALUATION, AND PEER REVIEW.—

‘‘(1) RESERVATION OF FUNDS.—The Secretary may reserve

not more than 5 percent of the amount made available to

carry out this subpart for a fiscal year for national leadership,

evaluation, and peer review activities, which the Secretary

may carry out directly or through grants, contracts, and

cooperative agreements.

‘‘(2) LEADERSHIP.—Funds reserved for leadership activities

under paragraph (1) may be used for—

‘‘(A) disseminating information, including lists and

descriptions of services available from grant recipients

under this subpart; and

‘‘(B) other activities designed to enhance the quality

of distance learning activities nationwide.

‘‘(3) EVALUATION.—Funds reserved for evaluation activities

under paragraph (1) may be used to conduct independent

evaluations of the activities assisted under this subpart and

of distance learning in general, including—

20 USC 7255e.

115 STAT. 1836 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) analyses of distance learning efforts (including

such efforts that are, or are not, assisted under this subpart); and ‘‘(B) comparisons of the effects (including student outcomes) of different technologies in distance learning efforts.

‘‘(4) PEER REVIEW.—Funds reserved for peer review activities under paragraph (1) may be used for peer review of— ‘‘(A) applications for grants under this subpart; and

‘‘(B) activities assisted under this subpart. ‘‘(b) COORDINATION.—The Department, the National Science

Foundation, the Department of Agriculture, the Department of Commerce, and any other Federal department or agency operating a

telecommunications network for educational purposes, shall coordinate the activities assisted under this subpart with the activities

of such department or agency relating to a telecommunications

network for educational purposes. ‘‘(c) FUNDS FROM OTHER AGENCIES.—The Secretary may accept

funds from other Federal departments or agencies to carry out

the purposes of this subpart, including funds for the purchase

of equipment.

‘‘(d) AVAILABILITY OF FUNDS.—Funds made available to carry

out this subpart shall remain available until expended.

‘‘(e) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—The Secretary shall encourage each entity receiving funds under this subpart to provide—

‘‘(1) closed captioning of the verbal content of the entity’s

programming, as appropriate; and

‘‘(2) descriptive video of the visual content of the entity’s

programming, as appropriate.

‘‘SEC. 5477. DEFINITIONS.

‘‘In this subpart:

‘‘(1) EDUCATIONAL INSTITUTION.—The term ‘educational

institution’ means an institution of higher education, a local

educational agency, or a State educational agency. ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ includes

any of the following that is organized on a Statewide or

multistate basis:

‘‘(A) A public agency or corporation established for

the purpose of developing and operating telecommunications networks to enhance educational opportunities provided by educational institutions, teacher training centers,

and other entities, except that any such agency or corporation shall represent the interests of elementary schools

and secondary schools that are eligible to participate in

the program under part A of title I.

‘‘(B) A partnership that will provide telecommunications services and that includes three or more of the

following entities, at least one of which shall be an agency

described in clause (i) or (ii):

‘‘(i) A local educational agency that serves a significant number of elementary schools and secondary

schools that are eligible for assistance under part A

of title I, or elementary schools and secondary schools

operated or funded for Indian children by the Department of the Interior eligible under section

1121(d)(1)(A).

20 USC 7255f.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1837

‘‘(ii) A State educational agency.

‘‘(iii) An adult and family education program.

‘‘(iv) An institution of higher education or a State

higher education agency (as that term is defined in

section 103 of the Higher Education Act of 1965 (20

U.S.C. 1003)).

‘‘(v) A teacher training center or academy that—

‘‘(I) provides teacher preservice and inservice

training; and

‘‘(II) receives Federal financial assistance or

has been approved by a State agency;

‘‘(vi)(I) A public or private entity with experience

and expertise in the planning and operation of a telecommunications network, including entities involved

in telecommunications through satellite, cable, telephone, or computer; or

‘‘(II) a public broadcasting entity with such experience.

‘‘(vii) A public or private elementary school or secondary school.

‘‘(3) INSTRUCTIONAL PROGRAMMING.—The term ‘instructional programming’ means courses of instruction and training

courses for elementary and secondary students, teachers, and

others, and materials for use in such instruction and training

that have been prepared in audio and visual form on tape,

disc, film, or live, and presented by means of telecommunications devices.

‘‘(4) PUBLIC BROADCASTING ENTITY.—The term ‘public

broadcasting entity’ has the same meaning given such term

in section 397 of the Communications Act of 1934 (47 U.S.C.

397).

‘‘Subpart 8—Ready to Teach

‘‘SEC. 5481. GRANTS.

‘‘(a) IN GENERAL.—The Secretary is authorized to award grants

to a nonprofit telecommunications entity, or partnership of such

entities, for the purpose of carrying out a national telecommunications-based program to improve teaching in core curriculum areas.

The program shall be designed to assist elementary school and

secondary school teachers in preparing all students to achieve challenging State academic content and student academic achievement

standards in core curriculum areas.

‘‘(b) DIGITAL EDUCATIONAL PROGRAMMING.—The Secretary is

authorized to award grants, as provided for in section 5484, to

eligible entities described in subsection (b) of such section, to enable

such entities to develop, produce, and distribute innovative educational and instructional video programming that is designed for

use by elementary schools and secondary schools and based on

challenging State academic content and student academic achievement standards. In awarding such grants, the Secretary shall

ensure that eligible entities enter into multiyear content development collaborative arrangements with State educational agencies,

local educational agencies, institutions of higher education,

businesses, or other agencies or organizations.

20 USC 7257.

115 STAT. 1838 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 5482. APPLICATION REQUIRED.

‘‘(a) GENERAL APPLICATION.—

‘‘(1) IN GENERAL.—To be eligible to receive a grant under

section 5481(a), a nonprofit telecommunications entity, or partnership of such entities shall submit an application to the

Secretary. Each such application shall—

‘‘(A) demonstrate that the applicant will use the public

broadcasting infrastructure, the Internet, and school digital

networks, where available, to deliver video and data in

an integrated service to train teachers in the use of materials and learning technologies for achieving challenging

State academic content and student academic achievement

standards;

‘‘(B) ensure that the project for which assistance is

sought will be conducted in cooperation with appropriate

State educational agencies, local educational agencies, and

State or local nonprofit public telecommunications entities;

‘‘(C) ensure that a significant portion of the benefits

available for elementary schools and secondary schools from

the project for which assistance is sought will be available

to schools of local educational agencies that have a high

percentage of children counted for the purpose of part

A of title I; and

‘‘(D) contain such additional assurances as the Secretary may reasonably require.

‘‘(2) SITES.—In approving applications under paragraph (1),

the Secretary shall ensure that the program authorized by

section 5481(a) is conducted at elementary school and secondary

school sites throughout the United States.

‘‘(b) PROGRAMMING APPLICATION.—To be eligible to receive a

grant under section 5481(b), an entity shall submit an application

to the Secretary at such time, in such manner, and accompanied

by such information as the Secretary may reasonably require.

‘‘SEC. 5483. REPORTS AND EVALUATION.

‘‘An entity receiving a grant under section 5481(a) shall prepare

and submit to the Secretary an annual report that contains such

information as the Secretary may require. At a minimum, such

report shall describe the program activities undertaken with funds

received under the grant, including—

‘‘(1) the core curriculum areas for which program activities

have been undertaken and the number of teachers using the

program in each core curriculum area; and

‘‘(2) the States in which teachers using the program are

located.

‘‘SEC. 5484. DIGITAL EDUCATIONAL PROGRAMMING GRANTS.

‘‘(a) GRANTS.—The Secretary is authorized to award grants

under section 5481(b) to eligible entities to facilitate the development of educational programming that shall—

‘‘(1) include student assessment tools to provide feedback

on student academic achievement;

‘‘(2) include built-in teacher utilization and support components to ensure that teachers understand and can easily use

the content of the programming with group instruction or for

individual student use;

20 USC 7257c.

20 USC 7257b.

20 USC 7257a.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1839

‘‘(3) be created for, or adaptable to, challenging State academic content standards and student academic achievement

standards; and ‘‘(4) be capable of distribution through digital broadcasting

and school digital networks.

‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under

section 5481(b), an entity shall be a local public telecommunications

entity, as defined in section 397(12) of the Communications Act

of 1934, that is able to demonstrate a capacity for the development

and distribution of educational and instructional television programming of high quality. ‘‘(c) COMPETITIVE BASIS.—Grants under section 5481(b) shall

be awarded on a competitive basis as determined by the Secretary. ‘‘(d) MATCHING REQUIREMENT.—To be eligible to receive a grant

under section 5481(b), an entity shall contribute to the activities

assisted under such grant non-Federal matching funds in an amount

equal to not less than 100 percent of the amount of the grant.

Such matching funds may include funds provided for the transition

to digital broadcasting, as well as in-kind contributions. ‘‘(e) DURATION.—A grant under section 5481(b) shall be awarded

for a period of 3 years in order to provide a sufficient period

of time for the creation of a substantial body of significant content.

‘‘SEC. 5485. ADMINISTRATIVE COSTS.

‘‘An entity that receives a grant under this subpart may not

use more than 5 percent of the amount received under the grant

for administrative costs.

‘‘Subpart 9—Foreign Language Assistance

Program

‘‘SEC. 5491. SHORT TITLE.

‘‘This subpart may be cited as the ‘Foreign Language Assistance

Act of 2001’.

‘‘SEC. 5492. PROGRAM AUTHORIZED.

‘‘(a) PROGRAM AUTHORITY.—

‘‘(1) IN GENERAL.—The Secretary is authorized to make

grants, on a competitive basis, to State educational agencies

or local educational agencies to pay the Federal share of the

cost of innovative model programs providing for the establishment, improvement, or expansion of foreign language study

for elementary school and secondary school students.

‘‘(2) DURATION.—Each grant under paragraph (1) shall be

awarded for a period of 3 years.

‘‘(b) REQUIREMENTS.—

‘‘(1) GRANTS TO STATE EDUCATIONAL AGENCIES.—In

awarding a grant under subsection (a) to a State educational

agency, the Secretary shall support programs that promote

systemic approaches to improving foreign language learning

in the State.

‘‘(2) GRANTS TO LOCAL EDUCATIONAL AGENCIES.—In

awarding a grant under subsection (a) to a local educational

agency, the Secretary shall support programs that—

‘‘(A) show the promise of being continued beyond the

grant period;

20 USC 7259a.

20 USC 7259.

Foreign

Language

Assistance Act of

2001.

20 USC 7257d.

115 STAT. 1840 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) demonstrate approaches that can be disseminated

and duplicated in other local educational agencies; and ‘‘(C) may include a professional development component. ‘‘(c) FEDERAL SHARE.— ‘‘(1) IN GENERAL.—The Federal share for each fiscal year

shall be 50 percent. ‘‘(2) WAIVER.—Notwithstanding paragraph (1), the Secretary may determine the Federal share for any local educational agency which the Secretary determines does not have

adequate resources to pay the non-Federal share of the cost

of the activities assisted under this subpart.

‘‘(d) SPECIAL RULE.—Not less than 3⁄4 of the funds made available under section 5401 to carry out this subpart shall be used

for the expansion of foreign language learning in the elementary

grades. ‘‘(e) RESERVATION.—The Secretary may reserve not more than

5 percent of funds made available under section 5401 to carry

out this subpart for a fiscal year to evaluate the efficacy of programs

assisted under this subpart.

‘‘SEC. 5493. APPLICATIONS.

‘‘(a) IN GENERAL.—Any State educational agency or local educational agency desiring a grant under this subpart shall submit

an application to the Secretary at such time, in such manner,

and containing such information and assurances as the Secretary

may require. ‘‘(b) SPECIAL CONSIDERATION.—The Secretary shall give special

consideration to applications describing programs that— ‘‘(1) include intensive summer foreign language programs

for professional development; ‘‘(2) link nonnative English speakers in the community

with the schools in order to promote two-way language learning; ‘‘(3) promote the sequential study of a foreign language

for students, beginning in elementary schools; ‘‘(4) make effective use of technology, such as computerassisted instruction, language laboratories, or distance learning,

to promote foreign language study; ‘‘(5) promote innovative activities, such as foreign language

immersion, partial foreign language immersion, or contentbased instruction; and ‘‘(6) are carried out through a consortium comprised of

the agency receiving the grant and an elementary school or

secondary school.

‘‘SEC. 5494. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE

PROGRAM.

‘‘(a) INCENTIVE PAYMENTS.—From amounts made available

under section 5401 to carry out this subpart, the Secretary shall

make an incentive payment for each fiscal year to each public

elementary school that provides to students attending such school

a program designed to lead to communicative competency in a

foreign language.

‘‘(b) AMOUNT.—The Secretary shall determine the amount of

the incentive payment under subsection (a) for each public

elementary school for each fiscal year on the basis of the number

of students participating in a program described in such subsection

at such school for such year compared to the total number of

20 USC 7259c.

20 USC 7259b.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1841

such students at all such schools in the United States for such

year.‘‘(c) REQUIREMENT.—The Secretary shall consider a program

to be designed to lead to communicative competency in a foreign

language if such program is comparable to a program that provides

not less than 45 minutes of instruction in a foreign language for

not fewer than 4 days per week throughout an academic year.

‘‘Subpart 10—Physical Education

‘‘SEC. 5501. SHORT TITLE.

‘‘This subpart may be cited as the ‘Carol M. White Physical

Education Program’.

‘‘SEC. 5502. PURPOSE.

‘‘The purpose of this subpart is to award grants and contracts

to initiate, expand, and improve physical education programs for

all kindergarten through 12th-grade students.

‘‘SEC. 5503. PROGRAM AUTHORIZED.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award

grants to local educational agencies and community-based organizations (such as Boys and Girls Clubs, Boy Scouts and Girl Scouts,

and the Young Men’s Christian Organization (YMCA) and Young

Women’s Christian Organization (YWCA)) to pay the Federal share

of the costs of initiating, expanding, and improving physical education programs (including after-school programs) for kindergarten

through 12th-grade students by— ‘‘(1) providing equipment and support to enable students

to participate actively in physical education activities; and ‘‘(2) providing funds for staff and teacher training and

education.

‘‘(b) PROGRAM ELEMENTS.—A physical education program

funded under this subpart may provide for one or more of the

following:‘‘(1) Fitness education and assessment to help students

understand, improve, or maintain their physical well-being. ‘‘(2) Instruction in a variety of motor skills and physical

activities designed to enhance the physical, mental, and social

or emotional development of every student. ‘‘(3) Development of, and instruction in, cognitive concepts

about motor skill and physical fitness that support a lifelong

healthy lifestyle. ‘‘(4) Opportunities to develop positive social and cooperative

skills through physical activity participation. ‘‘(5) Instruction in healthy eating habits and good nutrition.

‘‘(6) Opportunities for professional development for teachers

of physical education to stay abreast of the latest research,

issues, and trends in the field of physical education.

‘‘(c) SPECIAL RULE.—For the purpose of this subpart, extracurricular activities, such as team sports and Reserve Officers’

Training Corps (ROTC) program activities, shall not be considered

as part of the curriculum of a physical education program assisted

under this subpart.

‘‘SEC. 5504. APPLICATIONS.

‘‘(a) SUBMISSION.—Each local educational agency or communitybased organization desiring a grant or contract under this subpart

20 USC 7261c.

20 USC 7261b.

20 USC 7261a.

20 USC 7261.

Carol M. White

Physical

Education

Program.

115 STAT. 1842 PUBLIC LAW 107–110—JAN. 8, 2002

shall submit to the Secretary an application that contains a plan

to initiate, expand, or improve physical education programs in

order to make progress toward meeting State standards for physical

education.

‘‘(b) PRIVATE SCHOOL AND HOME-SCHOOLED STUDENTS.—An

application for funds under this subpart may provide for the participation, in the activities funded under this subpart, of—

‘‘(1) students enrolled in private nonprofit elementary

schools or secondary schools, and their parents and teachers;

or

‘‘(2) home-schooled students, and their parents and

teachers.

‘‘SEC. 5505. REQUIREMENTS.

‘‘(a) ANNUAL REPORT TO THE SECRETARY.—In order to continue

receiving funding after the first year of a multiyear grant or contract

under this subpart, the administrator of the grant or contract

for the local educational agency or community-based organization

shall submit to the Secretary an annual report that—

‘‘(1) describes the activities conducted during the preceding

year; and

‘‘(2) demonstrates that progress has been made toward

meeting State standards for physical education.

‘‘(b) ADMINISTRATIVE EXPENSES.—Not more than 5 percent of

the grant funds made available to a local educational agency or

community-based organization under this subpart for any fiscal

year may be used for administrative expenses.

‘‘SEC. 5506. ADMINISTRATIVE PROVISIONS.

‘‘(a) FEDERAL SHARE.—The Federal share under this subpart

may not exceed—

‘‘(1) 90 percent of the total cost of a program for the

first year for which the program receives assistance under

this subpart; and

‘‘(2) 75 percent of such cost for the second and each subsequent such year.

‘‘(b) PROPORTIONALITY.—To the extent practicable, the Secretary

shall ensure that grants awarded under this subpart shall be equitably distributed among local educational agencies and communitybased organizations serving urban and rural areas.

‘‘(c) REPORT TO CONGRESS.—Not later than June 1, 2003, the

Secretary shall submit a report to Congress that—

‘‘(1) describes the programs assisted under this subpart;

‘‘(2) documents the success of such programs in improving

physical fitness; and

‘‘(3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of

the programs assisted under this subpart.

‘‘(d) AVAILABILITY OF FUNDS.—Amounts made available to the

Secretary to carry out this subpart shall remain available until

expended.

‘‘SEC. 5507. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available under this subpart shall be used to

supplement, and not supplant, any other Federal, State, or local

funds available for physical education activities.

20 USC 7261f.

Deadline.

20 USC 7261e.

20 USC 7261d.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1843

‘‘Subpart 11—Community Technology Centers

‘‘SEC. 5511. PURPOSE AND PROGRAM AUTHORIZATION.

‘‘(a) PURPOSE.—It is the purpose of this subpart to assist eligible

applicants—

‘‘(1) to create or expand community technology centers that

will provide disadvantaged residents of economically distressed

urban and rural communities with access to information technology and related training; and

‘‘(2) to provide technical assistance and support to community technology centers.

‘‘(b) PROGRAM AUTHORIZATION.—The Secretary is authorized,

in conjunction with the Office of Educational Technology, to award

grants, contracts, or cooperative agreements, on a competitive basis,

for a period of not more than 3 years, to eligible applicants in

order to assist such applicants in—

‘‘(1) creating or expanding community technology centers;

or

‘‘(2) providing technical assistance and support to community technology centers.

‘‘(3) SERVICE OF AMERICORPS PARTICIPANTS.—The Secretary

may collaborate with the Chief Executive Officer of the Corporation for National and Community Service on the use in community technology centers of participants in National Service programs carried out under subtitle C of title I of the National

and Community Service Act of 1990 (42 U.S.C. 12571 et seq.).

‘‘SEC. 5512. ELIGIBILITY AND APPLICATION REQUIREMENTS.

‘‘(a) ELIGIBLE APPLICANTS.—In order to be eligible to receive

an award under this subpart, an applicant shall—

‘‘(1) be an entity (such as a foundation, museum, library,

for-profit business, public or private nonprofit organization,

or community-based organization), an institution of higher education, a State educational agency, a local education agency,

or a consortium of such entities, institutions, or agencies; and ‘‘(2) have the capacity to significantly expand access to

computers and related services for disadvantaged residents of

economically distressed urban and rural communities (who

would otherwise be denied such access).

‘‘(b) APPLICATION REQUIREMENTS.—In order to receive an award

under this subpart, an eligible applicant shall submit an application

to the Secretary at such time, and containing such information,

as the Secretary may require. The application shall include each

of the following:

‘‘(1) A description of the proposed project, including a

description of the magnitude of the need for the services and

how the project would expand access to information technology

and related services to disadvantaged residents of an economically distressed urban or rural community.

‘‘(2) A demonstration of—

‘‘(A) the commitment, including the financial commitment, of entities (such as institutions, organizations, business and other groups in the community) that will provide

support for the creation, expansion, and continuation of

the proposed project; and

‘‘(B) the extent to which the proposed project coordinates with other appropriate agencies, efforts, and

20 USC 7263a.

20 USC 7263.

115 STAT. 1844 PUBLIC LAW 107–110—JAN. 8, 2002

organizations providing services to disadvantaged residents

of an economically distressed urban or rural community.

‘‘(3) A description of how the proposed project would be

sustained once the Federal funds awarded under this subpart

end.

‘‘(4) A plan for the evaluation of the program, which shall

include benchmarks to monitor progress toward specific project

objectives.

‘‘(c) MATCHING REQUIREMENTS.—The Federal share of the cost

of any project funded under this subpart shall not exceed 50 percent.

The non-Federal share of such project may be in cash or in kind,

fairly evaluated, including services.

‘‘SEC. 5513. USES OF FUNDS.

‘‘(a) REQUIRED USES.—A recipient shall use funds under this

subpart for—‘‘(1) creating or expanding community technology centers

that expand access to information technology and related

training for disadvantaged residents of distressed urban or

rural communities; and ‘‘(2) evaluating the effectiveness of the project. ‘‘(b) PERMISSIBLE USES.—A recipient may use funds under this

subpart for activities, described in its application, that carry out

the purposes of this subpart, such as—

‘‘(1) supporting a center coordinator, and staff, to supervise

instruction and build community partnerships;

‘‘(2) acquiring equipment, networking capabilities, and

infrastructure to carry out the project; and

‘‘(3) developing and providing services and activities for

community residents that provide access to computers, information technology, and the use of such technology in support

of preschool preparation, academic achievement, educational

development, and workforce development, such as the following:

‘‘(A) After-school activities in which children and

youths use software that provides academic enrichment

and assistance with homework, develop their technical

skills, explore the Internet, and participate in multimedia

activities, including web page design and creation.

‘‘(B) Adult education and family literacy activities

through technology and the Internet, including—

‘‘(i) General Education Development, Language

Instruction Educational Programs, and adult basic education classes or programs;

‘‘(ii) introduction to computers;

‘‘(iii) intergenerational activities; and

‘‘(iv) educational development opportunities.

‘‘(C) Career development and job preparation activities,

such as—

‘‘(i) training in basic and advanced computer skills;

‘‘(ii) resume writing workshops; and

‘‘(iii) access to databases of employment opportunities, career information, and other online materials.

‘‘(D) Small business activities, such as—

‘‘(i) computer-based training for basic entrepreneurial skills and electronic commerce; and

‘‘(ii) access to information on business start-up programs that is available online, or from other sources.

20 USC 7263b.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1845

‘‘(E) Activities that provide home access to computers

and technology, such as assistance and services to promote

the acquisition, installation, and use of information technology in the home through low-cost solutions such as

networked computers, web-based television devices, and

other technology.

‘‘Subpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for Alaska Natives, Native Hawaiians, and Their Historical

Whaling and Trading Partners in Massachusetts

‘‘SEC. 5521. SHORT TITLE.

‘‘This subpart may be cited as the ‘Alaska Native and Native

Hawaiian Education Through Cultural and Historical Organizations

Act’.

‘‘SEC. 5522. FINDINGS AND PURPOSES.

‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) Alaska Natives and Native Hawaiians have been linked

for over 200 years to the coastal towns of Salem, Massachusetts,

and New Bedford, Massachusetts, through the China trade

from Salem and whaling voyages from New Bedford. ‘‘(2) Nineteenth-century trading ships sailed from Salem,

Massachusetts, around Cape Horn of South America, and up

the Northwest coast of the United States to Alaska, where

their crews traded with Alaska Native people for furs, and

then went on to Hawaii to trade for sandalwood with Native

Hawaiians before going on to China.

‘‘(3) During the 19th century, over 2,000 whaling voyages

sailed out of New Bedford, Massachusetts to the Arctic region

of Alaska, and joined Alaska Natives from Barrow, Alaska

and other areas in the Arctic region in subsistence whaling

activities.

‘‘(4) Many New Bedford whaling voyages continued on to

Hawaii, where they joined Native Hawaiians from the neighboring islands.

‘‘(5) From those commercial and whaling voyages, a rich

cultural exchange and strong trading relationships developed

among the three peoples involved.

‘‘(6) In the past decades, awareness of the historical trading,

cultural, and whaling links has faded among Alaska Natives,

Native Hawaiians, and the people of the continental United

States.

‘‘(7) In 2000, the Alaska Native Heritage Center in Alaska,

the Bishop Museum in Hawaii, and the Peabody-Essex Museum

in Massachusetts initiated the New Trade Winds project to

use 21st-century technology, including the Internet, to educate

students and their parents about historic and contemporary

cultural and trading ties that continue to link the diverse

cultures of the peoples involved.

‘‘(8) The New Bedford Whaling Museum, in partnership

with the New Bedford Whaling National Historical Park, has

developed a cultural exchange and educational program with

the Inupiat Heritage Center in Barrow, Alaska to bring together

the children, parents, and elders from the Arctic region of

20 USC 7265a.

20 USC 7265.

Alaska Native

and Native

Hawaiian

Education

Through Cultural

and Historical

Organizations

Act.

115 STAT. 1846 PUBLIC LAW 107–110—JAN. 8, 2002

Alaska with children and families of Massachusetts to learn

about their historical ties and about each other’s contemporary

cultures.

‘‘(9) Within the fast-growing cultural sector, meaningful

educational and career opportunities based on traditional relationships exist for Alaska Natives, Native Hawaiians, and lowincome youth in Massachusetts.

‘‘(10) Cultural institutions can provide practical, culturally

relevant, education-related internship and apprentice programs,

such as the Museum Action Corps at the Peabody-Essex

Museum and similar programs at the New Bedford Oceanarium

and other institutions, to prepare youths and their families

for careers in the cultural sector.

‘‘(11) The resources of the institutions described in paragraphs (7) and (8) provide unique opportunities for illustrating

and interpreting the contributions of Alaska Natives, Native

Hawaiians, the whaling industry, and the China trade to the

economic, social, and environmental history of the United

States, for educating students and their parents, and for providing opportunities for internships and apprenticeships leading

to careers with cultural institutions.

‘‘(b) PURPOSES.—The purposes of this subpart are the following:

‘‘(1) To authorize and develop innovative culturally-based

educational programs and cultural exchanges to assist Alaska

Natives, Native Hawaiians, and children and families of

Massachusetts linked by history and tradition to Alaska and

Hawaii to learn about shared culture and traditions.

‘‘(2) To authorize and develop internship and apprentice

programs to assist Alaska Natives, Native Hawaiians, and children and families of Massachusetts linked by history and tradition with Alaska and Hawaii to prepare for careers with cultural institutions.

‘‘(3) To supplement programs and authorities in the area

of education to further the objectives of this subpart.

‘‘SEC. 5523. PROGRAM AUTHORIZATION.

‘‘(a) GRANTS AND CONTRACTS.—In order to carry out programs

that fulfill the purposes of this subpart, the Secretary is authorized

to make grants to, or enter into contracts with, the following:

‘‘(1) The Alaska Native Heritage Center in Anchorage,

Alaska.

‘‘(2) The Inupiat Heritage Center in Barrow, Alaska.

‘‘(3) The Bishop Museum in Hawaii.

‘‘(4) The Peabody-Essex Museum in Salem, Massachusetts.

‘‘(5) The New Bedford Whaling Museum and the New Bedford Oceanarium in New Bedford, Massachusetts.

‘‘(6) Other Alaska Native and Native Hawaiian cultural

and educational organizations.

‘‘(7) Cultural and educational organizations with experience

in developing or operating programs that illustrate and interpret the contributions of Alaska Natives, Native Hawaiians,

the whaling industry, and the China trade to the economic,

social, and environmental history of the United States.

‘‘(8) Consortia of the organizations and entities described

in this subsection.

20 USC 7265b.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1847

‘‘(b) USES OF FUNDS.—Activities provided through programs

carried out under this subpart may include one or more of the

following:‘‘(1) Development and implementation of educational programs to increase understanding of cultural diversity and multicultural communication among Alaska Natives, Native Hawaiians, and the people of the continental United States, based

on historic patterns of trading and commerce.

‘‘(2) Development and implementation of programs using

modern technology, including the Internet, to educate students,

their parents, and teachers about historic and contemporary

cultural and trading ties that continue to link the diverse

cultures of Alaska Natives, Native Hawaiians, and the people

of Massachusetts.

‘‘(3) Cultural exchanges of elders, students, parents, and

teachers among Alaska Natives, Native Hawaiians, and the

people of Massachusetts to increase awareness of diverse cultures among each group.

‘‘(4) Sharing of collections among cultural institutions

designed to increase awareness of diverse cultures and links

among them.

‘‘(5) Development and implementation of internship and

apprentice programs in cultural institutions to train Alaska

Natives, Native Hawaiians, and low-income students in

Massachusetts for careers with cultural institutions.

‘‘(6) Other activities, consistent with the purposes of this

subpart, to meet the educational needs of Alaska Natives,

Native Hawaiians, and students and their parents in Massachusetts.

‘‘SEC. 5524. ADMINISTRATIVE PROVISIONS.

‘‘(a) APPLICATION REQUIRED.—No grant may be made under

this subpart, and no contract may be entered into under this subpart, unless the entity seeking the grant or contract submits an

application to the Secretary at such time, in such manner, and

containing such information as the Secretary may determine to

be necessary to carry out the provisions of this subpart.

‘‘(b) LOCAL EDUCATIONAL AGENCY COORDINATION.—Each

applicant for a grant or contract under this subpart shall inform

each local educational agency serving students who will participate

in the program to be carried out under the grant or contract

about the application.

‘‘SEC. 5525. AVAILABILITY OF FUNDS.

‘‘If sufficient funds are made available under section 5401 to

carry out this subpart for a fiscal year, the Secretary shall make

available, to support activities described in section 5523(b), the

following amounts:

‘‘(1) Not less than $2,000,000 each to—

‘‘(A) the New Bedford Whaling Museum, in partnership

with the New Bedford Oceanarium, in Massachusetts; and ‘‘(B) the Inupiat Heritage Center in Alaska.

‘‘(2) For the New Trade Winds project, not less than

$1,000,000 each to—

‘‘(A) the Alaska Native Heritage Center in Alaska;

‘‘(B) the Bishop Museum in Hawaii; and

‘‘(C) the Peabody-Essex Museum in Massachusetts.

20 USC 7265d.

20 USC 7265c.

115 STAT. 1848 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(3) For internship and apprenticeship programs (including

the Museum Action Corps of the Peabody-Essex Museum), not

less than $1,000,000 each to— ‘‘(A) the Alaska Native Heritage Center in Alaska;

‘‘(B) the Bishop Museum in Hawaii; and

‘‘(C) the Peabody-Essex Museum in Massachusetts.

‘‘SEC. 5526. DEFINITIONS.

‘‘In this subpart:

‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the

meaning given that term in section 7306.

‘‘(2) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ has

the meaning given that term in section 7207.

‘‘Subpart 13—Excellence in Economic Education

‘‘SEC. 5531. SHORT TITLE.

‘‘This subpart may be cited as the ‘Excellence in Economic

Education Act of 2001’.

‘‘SEC. 5532. PURPOSE AND GOALS.

‘‘(a) PURPOSE.—The purpose of this subpart is to promote economic and financial literacy among all students in kindergarten

through grade 12 by awarding a competitive grant to a national

nonprofit educational organization that has as its primary purpose

the improvement of the quality of student understanding of personal

finance and economics. ‘‘(b) OBJECTIVES.—The objectives of this subpart are the following:

‘‘(1) To increase students’ knowledge of, and achievement

in, economics to enable the students to become more productive

and informed citizens.

‘‘(2) To strengthen teachers’ understanding of, and competency in, economics to enable the teachers to increase student

mastery of economic principles and the practical application

of those principles. ‘‘(3) To encourage economic education research and development, to disseminate effective instructional materials, and to

promote replication of best practices and exemplary programs

that foster economic literacy. ‘‘(4) To assist States in measuring the impact of education

in economics. ‘‘(5) To leverage and expand private and public support

for economic education partnerships at national, State, and

local levels.

‘‘SEC. 5533. GRANT PROGRAM AUTHORIZED.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award

a competitive grant to a national nonprofit educational organization

that has as its primary purpose the improvement of the quality

of student understanding of personal finance and economics through

effective teaching of economics in the Nation’s classrooms (referred

to in this subpart as the ‘grantee’).

‘‘(b) USES OF FUNDS.—

‘‘(1) DIRECT ACTIVITIES.—The grantee shall use 25 percent

of the funds made available through the grant for a fiscal

year—

20 USC 7267b.

20 USC 7267a.

20 USC 7267.

Excellence in

Economic

Education Act of

2001.

20 USC 7265e.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1849

‘‘(A) to strengthen and expand the grantee’s relationships with State and local personal finance, entrepreneurial, and economic education organizations;

‘‘(B) to support and promote training of teachers who

teach a grade from kindergarten through grade 12

regarding economics, including the dissemination of

information on effective practices and research findings

regarding the teaching of economics;

‘‘(C) to support research on effective teaching practices

and the development of assessment instruments to document student understanding of personal finance and

economics; and

‘‘(D) to develop and disseminate appropriate materials

to foster economic literacy.

‘‘(2) SUBGRANTS.—The grantee shall use 75 percent of the

funds made available through the grant for a fiscal year to

award subgrants to State educational agencies or local educational agencies, and State or local economic, personal finance,

or entrepreneurial education organizations (referred to in this

section as the ‘recipient’). The grantee shall award such a

subgrant to pay for the Federal share of the cost of enabling

the recipient to work in partnership with one or more of the

entities described in paragraph (3) for one or more of the

following purposes:

‘‘(A) Collaboratively establishing and conducting

teacher training programs that use effective and innovative

approaches to the teaching of economics, personal finance,

and entrepreneurship.

‘‘(B) Providing resources to school districts that desire

to incorporate economics and personal finance into the

curricula of the schools in the districts.

‘‘(C) Conducting evaluations of the impact of economic

and financial literacy education on students.

‘‘(D) Conducting economic and financial literacy education research.

‘‘(E) Creating and conducting school-based student

activities to promote consumer, economic, and personal

finance education (such as saving, investing, and entrepreneurial education) and to encourage awareness and student

academic achievement in economics.

‘‘(F) Encouraging replication of best practices to promote economic and financial literacy.

‘‘(3) PARTNERSHIP ENTITIES.—The entities described in this

paragraph are the following:

‘‘(A) A private sector entity.

‘‘(B) A State educational agency.

‘‘(C) A local educational agency.

‘‘(D) An institution of higher education.

‘‘(E) An organization promoting economic development.

‘‘(F) An organization promoting educational excellence.

‘‘(G) An organization promoting personal finance or

entrepreneurial education.

‘‘SEC. 5534. APPLICATIONS.

‘‘(a) GRANTEE APPLICATIONS.—To be eligible to receive a grant

under this subpart, the grantee shall submit to the Secretary an

20 USC 7267c.

115 STAT. 1850 PUBLIC LAW 107–110—JAN. 8, 2002

application at such time, in such manner, and accompanied by

such information as the Secretary may require. ‘‘(b) RECIPIENT APPLICATIONS.—

‘‘(1) SUBMISSION.—To be eligible to receive a subgrant

under this section, a recipient shall submit an application to

the grantee at such time, in such manner, and accompanied

by such information as the grantee may require. ‘‘(2) REVIEW.—The grantee shall invite the individuals

described in paragraph (3) to review all applications from recipients for a subgrant under this section and to make recommendations to the grantee regarding the approval of the

applications. ‘‘(3) REVIEWERS.—The individuals described in this paragraph are the following: ‘‘(i) Leaders in the fields of economics and education. ‘‘(ii) Such other individuals as the grantee determines to be necessary, especially members of the State

and local business, banking, and finance communities.

‘‘SEC. 5535. REQUIREMENTS.

‘‘(a) ADMINISTRATIVE COSTS.—The grantee and each recipient

receiving a subgrant under this subpart for a fiscal year may

use not more than 5 percent of the funds made available through

the grant or subgrant for administrative costs.

‘‘(b) TEACHER TRAINING PROGRAMS.—In carrying out the teacher

training programs described in section 5533(b)(2)(A), a recipient

shall—

‘‘(1) train teachers who teach a grade from kindergarten

through grade 12; and

‘‘(2) encourage teachers from disciplines other than

economics and financial literacy to participate in such teacher

training programs, if the training will promote the economic

and financial literacy of those teachers’ students.

‘‘(c) INVOLVEMENT OF BUSINESS COMMUNITY.—In carrying out

the activities assisted under this subpart, the grantee and recipients

are strongly encouraged to—

‘‘(1) include interactions with the local business community

to the fullest extent possible to reinforce the connection between

economic and financial literacy and economic development; and

‘‘(2) work with private businesses to obtain matching contributions for Federal funds and assist recipients in working

toward self-sufficiency.

‘‘(d) ADDITIONAL REQUIREMENTS AND TECHNICAL ASSISTANCE.—

The grantee shall—

‘‘(1) meet such other requirements as the Secretary determines to be necessary to assure compliance with this section;

and

‘‘(2) receive from the Secretary such technical assistance

as may be necessary to carry out this section.

‘‘SEC. 5536. ADMINISTRATIVE PROVISIONS.

‘‘(a) FEDERAL SHARE.—The Federal share of the cost described

in section 5533(b)(2) shall be 50 percent.

‘‘(b) PAYMENT OF NON-FEDERAL SHARE.—The non-Federal share

may be paid in cash or in kind (fairly evaluated, including plant,

equipment, or services).

20 USC 7267e.

20 USC 7267d.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1851

‘‘(c) REPORTS TO CONGRESS.—Not later than 2 years after the

date funds are first made available to carry out this subpart,

and every 2 years thereafter, the Secretary shall submit to the

appropriate committees of Congress a report regarding activities

assisted under this subpart.

‘‘SEC. 5537. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available to carry out this subpart shall be used

to supplement, and not supplant, other Federal, State, and local

funds expended for the purpose described in section 5532(a).

‘‘Subpart 14—Grants to Improve the Mental

Health of Children

‘‘SEC. 5541. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL

HEALTH SYSTEMS.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award

grants to, or enter into contracts or cooperative agreements with,

State educational agencies, local educational agencies, or Indian

tribes, for the purpose of increasing student access to quality mental

health care by developing innovative programs to link local school

systems with the local mental health system.

‘‘(b) DURATION.—With respect to a grant, contract, or cooperative agreement awarded or entered into under this section, the

period during which payments under such grant, contract or agreement are made to the recipient may not exceed 5 years.

‘‘(c) USE OF FUNDS.—A State educational agency, local educational agency, or Indian tribe that receives a grant, contract,

or cooperative agreement under this section shall use amounts

made available through such grant, contract, or cooperative agreement for the following:

‘‘(1) To enhance, improve, or develop collaborative efforts

between school-based service systems and mental health service

systems to provide, enhance, or improve prevention, diagnosis,

and treatment services to students.

‘‘(2) To enhance the availability of crisis intervention services, appropriate referrals for students potentially in need of

mental health services, and ongoing mental health services.

‘‘(3) To provide training for the school personnel and mental

health professionals who will participate in the program carried

out under this section.

‘‘(4) To provide technical assistance and consultation to

school systems and mental health agencies and families participating in the program carried out under this section.

‘‘(5) To provide linguistically appropriate and culturally

competent services.

‘‘(6) To evaluate the effectiveness of the program carried

out under this section in increasing student access to quality

mental health services, and make recommendations to the Secretary about sustainability of the program.

‘‘(d) APPLICATIONS.—To be eligible to receive a grant, contract,

or cooperative agreement under this section, a State educational

agency, local educational agency, or Indian tribe shall submit an

application to the Secretary at such time, in such manner, and

containing such information as the Secretary may reasonably

require. The application shall include each of the following:

20 USC 7269.

20 USC 7267f.

115 STAT. 1852 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) A description of the program to be funded under the

grant, contract, or cooperative agreement.

‘‘(2) A description of how such program will increase access

to quality mental health services for students.

‘‘(3) A description of how the applicant will establish a

crisis intervention program to provide immediate mental health

services to the school community when necessary.

‘‘(4) An assurance that—

‘‘(A) persons providing services under the grant, contract, or cooperative agreement are adequately trained to

provide such services;

‘‘(B) the services will be provided in accordance with

subsection (c);

‘‘(C) teachers, principal administrators, and other

school personnel are aware of the program; and

‘‘(D) parents of students participating in services under

this section will be involved in the design and implementation of the services.

‘‘(5) An explanation of how the applicant will support and

integrate existing school-based services with the program to

provide appropriate mental health services for students.

‘‘(6) An explanation of how the applicant will establish

a program that will support students and the school in

maintaining an environment conducive to learning.

‘‘(e) INTERAGENCY AGREEMENTS.—

‘‘(1) DESIGNATION OF LEAD AGENCY.—The recipient of each

grant, contract, or cooperative agreement shall designate a

lead agency to direct the establishment of an interagency agreement among local educational agencies, juvenile justice authorities, mental health agencies, and other relevant entities in

the State, in collaboration with local entities and parents and

guardians of students.

‘‘(2) CONTENTS.—The interagency agreement shall ensure

the provision of the services described in subsection (c), specifying with respect to each agency, authority, or entity—

‘‘(A) the financial responsibility for the services;

‘‘(B) the conditions and terms of responsibility for the

services, including quality, accountability, and coordination

of the services; and

‘‘(C) the conditions and terms of reimbursement among

the agencies, authorities, or entities that are parties to

the interagency agreement, including procedures for dispute resolution.

‘‘(f) EVALUATION.—The Secretary shall evaluate each program

carried out by a State educational agency, local educational agency,

or Indian tribe under this section and shall disseminate the findings

with respect to each such evaluation to appropriate public and

private entities.

‘‘(g) DISTRIBUTION OF AWARDS.—The Secretary shall ensure

that grants, contracts, and cooperative agreements awarded or

entered into under this section are equitably distributed among

the geographical regions of the United States and among urban,

suburban, and rural populations.

‘‘(h) RULE OF CONSTRUCTION.—Nothing in Federal law shall

be construed—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1853

‘‘(1) to prohibit an entity involved with a program carried

out under this section from reporting a crime that is committed

by a student to appropriate authorities; or ‘‘(2) to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the

application of Federal and State law to crimes committed by

a student.

‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Any services provided

through programs carried out under this section must supplement,

and not supplant, existing mental health services, including any

services required to be provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

‘‘SEC. 5542. PROMOTION OF SCHOOL READINESS THROUGH EARLY

CHILDHOOD EMOTIONAL AND SOCIAL DEVELOPMENT.

‘‘(a) AUTHORIZATION.—The Secretary, in consultation with the

Secretary of Health and Human Services, may award grants (to

be known as ‘Foundations for Learning Grants’) to local educational

agencies, local councils, community-based organizations, and other

public or nonprofit private entities to assist eligible children to

become ready for school. ‘‘(b) APPLICATIONS.—To be eligible to receive a grant under

this section, a local educational agency, local council, communitybased organization, or other public or nonprofit private entity, or

a combination of such entities, shall submit an application to the

Secretary at such time, in such manner, and accompanied by such

information as the Secretary may reasonably require. The application shall include each of the following:

‘‘(1) A description of the population that the applicant

intends to serve and the types of services to be provided under

the grant.

‘‘(2) A description of the manner in which services under

the grant will be coordinated with existing similar services

provided by public and nonprofit private entities within the

State. ‘‘(3) An assurance that—

‘‘(A) services under the grant shall be provided by

or under the supervision of qualified professionals with

expertise in early childhood development;

‘‘(B) such services shall be culturally competent;

‘‘(C) such services shall be provided in accordance with

subsection (c);

‘‘(D) funds received under this section shall be used

to supplement, and not supplant, non-Federal funds; and

‘‘(E) parents of students participating in services under

this section will be involved in the design and implementation of the services.

‘‘(c) USES OF FUNDS.—A local educational agency, local council,

community-based organization, or other public or nonprofit private

entity that receives funds under this section may use such funds

to benefit eligible children, for one or more of the following: ‘‘(1) To deliver services to eligible children and their families that foster eligible children’s emotional, behavioral, and

social development and take into consideration the characteristics described in subsection (f)(1).

‘‘(2) To coordinate and facilitate access by eligible children

and their families to the services available through community

20 USC 7269a.

115 STAT. 1854 PUBLIC LAW 107–110—JAN. 8, 2002

resources, including mental health, physical health, substance

abuse, educational, domestic violence prevention, child welfare,

and social services. ‘‘(3) To provide ancillary services such as transportation

or child care in order to facilitate the delivery of any other

services or activities authorized by this section.

‘‘(4) To develop or enhance early childhood community partnerships and build toward a community system of care that

brings together child-serving agencies or organizations to provide individualized supports for eligible children and their families.

‘‘(5) To evaluate the success of strategies and services provided pursuant to this section in promoting young children’s

successful entry to school and to maintain data systems

required for effective evaluations.

‘‘(6) To pay for the expenses of administering the activities

authorized under this section, including assessment of children’s eligibility for services.

‘‘(d) LIMITATIONS.—

‘‘(1) SERVICES NOT OTHERWISE FUNDED.—A local educational

agency, local council, community-based organization, or other

public or nonprofit private entity may use funds under this

section only to pay for services that cannot be paid for using

other Federal, State, or local public resources or through private

insurance.

‘‘(2) ADMINISTRATIVE EXPENSES.—A grantee may not use

more than 3 percent of the amount of the grant to pay the

administrative expenses described in subsection (c)(6).

‘‘(e) EVALUATIONS.—The Secretary shall directly evaluate, or

enter into a contract for an outside evaluation of, each program

carried out under this section and shall disseminate the findings

with respect to such evaluation to appropriate public and private

entities.

‘‘(f) DEFINITIONS.—In this section:

‘‘(1) ELIGIBLE CHILD.—The term ‘eligible child’ means a

child who has not attained the age of 7 years, and to whom

two or more of the following characteristics apply:

‘‘(A) The child has been abused, maltreated, or

neglected.

‘‘(B) The child has been exposed to violence.

‘‘(C) The child has been homeless.

‘‘(D) The child has been removed from child care, Head

Start, or preschool for behavioral reasons or is at risk

of being so removed.

‘‘(E) The child has been exposed to parental depression

or other mental illness.

‘‘(F) The family income with respect to the child is

below 200 percent of the poverty line.

‘‘(G) The child has been exposed to parental substance

abuse.

‘‘(H) The child has had early behavioral and peer relationship problems.

‘‘(I) The child had a low birth weight.

‘‘(J) The child has a cognitive deficit or developmental

disability.

‘‘(2) LOCAL COUNCIL.—The term ‘local council’ means a

council that is established or designated by a local government

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1855

entity, Indian tribe, regional corporation, or native Hawaiian

entity, as appropriate, which is composed of representatives

of local agencies directly affected by early learning programs,

parents, key community leaders, and other individuals concerned with early learning issues in the locality, such as

elementary education, child care resource and referral services,

early learning opportunities, child care, and health services.

‘‘(3) PROVIDER OF EARLY CHILDHOOD SERVICES.—The term

‘provider of early childhood services’ means a public or private

entity that has regular contact with young children, including

child welfare agencies, child care providers, Head Start and

Early Head Start providers, preschools, kindergartens,

libraries, mental health professionals, family courts, homeless

shelters, and primary care providers.

‘‘Subpart 15—Arts in Education

‘‘SEC. 5551. ASSISTANCE FOR ARTS EDUCATION.

‘‘(a) PURPOSES.—The purposes of this subpart are the following:

‘‘(1) To support systemic education reform by strengthening

arts education as an integral part of the elementary school

and secondary school curriculum. ‘‘(2) To help ensure that all students meet challenging

State academic content standards and challenging State student academic achievement standards in the arts. ‘‘(3) To support the national effort to enable all students

to demonstrate competence in the arts.

‘‘(b) AUTHORITY.—The Secretary is authorized to make grants

to, or enter into contracts or cooperative agreements with, eligible

entities described in subsection (c).

‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make assistance

available under subsection (b) to each of the following eligible

entities:

‘‘(1) State educational agencies.

‘‘(2) Local educational agencies.

‘‘(3) Institutions of higher education.

‘‘(4) Museums or other cultural institutions.

‘‘(5) Any other public or private agencies, institutions, or

organizations.

‘‘(d) USE OF FUNDS.—Assistance made available under this

subpart may be used for any of the following:

‘‘(1) Research on arts education.

‘‘(2) Planning, developing, acquiring, expanding, improving,

or disseminating information about model school-based arts

education programs.

‘‘(3) The development of model State arts education assessments based on State academic achievement standards.

‘‘(4) The development and implementation of curriculum

frameworks for arts education.

‘‘(5) The development of model inservice professional

development programs for arts educators and other instructional staff.

‘‘(6) Supporting collaborative activities with Federal agencies or institutions involved in arts education, arts educators,

and organizations representing the arts, including State and

local arts agencies involved in arts education.

20 USC 7271.

115 STAT. 1856 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(7) Supporting model projects and programs in the performing arts for children and youth through arrangements

made with the John F. Kennedy Center for the Performing

Arts.‘‘(8) Supporting model projects and programs by Very Special Arts which assure the participation in mainstream settings

in arts and education programs of individuals with disabilities. ‘‘(9) Supporting model projects and programs to integrate

arts education into the regular elementary school and secondary

school curriculum. ‘‘(10) Other activities that further the purposes of this

subpart.

‘‘(e) SPECIAL RULE.—If the amount made available to the Secretary to carry out this subpart for any fiscal year is $15,000,000

or less, then such amount shall only be available to carry out

the activities described in paragraphs (7) and (8) of subsection

(d). ‘‘(f) CONDITIONS.—As conditions of receiving assistance made

available under this subpart, the Secretary shall require each entity

receiving such assistance— ‘‘(1) to coordinate, to the extent practicable, each project

or program carried out with such assistance with appropriate

activities of public or private cultural agencies, institutions,

and organizations, including museums, arts education associations, libraries, and theaters; and ‘‘(2) to use such assistance only to supplement, and not

to supplant, any other assistance or funds made available from

non-Federal sources for the activities assisted under this subpart.

‘‘(g) CONSULTATION.—In carrying out this subpart, the Secretary

shall consult with Federal agencies or institutions, arts educators

(including professional arts education associations), and organizations representing the arts (including State and local arts agencies

involved in arts education).

‘‘Subpart 16—Parental Assistance and Local

Family Information Centers

‘‘SEC. 5561. PURPOSES.

‘‘The purposes of this subpart are the following: ‘‘(1) To provide leadership, technical assistance, and financial support to nonprofit organizations (including statewide nonprofit organizations) and local educational agencies to help

the organizations and agencies implement successful and effective parental involvement policies, programs, and activities that

lead to improvements in student academic achievement. ‘‘(2) To strengthen partnerships among parents (including

parents of children from birth through age 5), teachers, principals, administrators, and other school personnel in meeting

the educational needs of children. ‘‘(3) To develop and strengthen the relationship between

parents and their children’s school. ‘‘(4) To further the developmental progress of children

assisted under this subpart. ‘‘(5) To coordinate activities funded under this subpart with

parental involvement initiatives funded under section 1118 and

other provisions of this Act.

20 USC 7273.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1857

‘‘(6) To provide a comprehensive approach to improving

student learning, through coordination and integration of Federal, State, and local services and programs.

‘‘SEC. 5562. GRANTS AUTHORIZED.

‘‘(a) PARENTAL INFORMATION AND RESOURCE CENTERS.—The

Secretary is authorized to award grants in each fiscal year to

nonprofit organizations (including statewide nonprofit organizations), and consortia of such organizations and local educational

agencies, to establish school-linked or school-based parental

information and resource centers that provide comprehensive

training, information, and support to—

‘‘(1) parents of children enrolled in elementary schools and

secondary schools;

‘‘(2) individuals who work with the parents of children

enrolled in elementary schools and secondary schools;

‘‘(3) State educational agencies, local educational agencies,

schools, organizations that support family-school partnerships

(such as parent-teacher associations and Parents as Teachers

organizations), and other organizations that carry out parent

education and family involvement programs; and

‘‘(4) parents of children from birth through age 5.

‘‘(b) GEOGRAPHIC DISTRIBUTION.—In awarding grants under this

subpart, the Secretary shall, to the extent practicable, ensure that

such grants are distributed in all geographic regions of the United

States.

‘‘SEC. 5563. APPLICATIONS.

‘‘(a) SUBMISSION.—Each nonprofit organization (including a

statewide nonprofit organization), or a consortia of such an

organization and a local educational agency, that desires a grant

under this subpart shall submit an application to the Secretary

at such time, in such manner, and accompanied by such information

as the Secretary may require.

‘‘(b) CONTENTS.—Each application submitted under subsection

(a), at a minimum, shall include assurances that the organization

or consortium will—

‘‘(1)(A) be governed by a board of directors the membership

of which includes parents; or

‘‘(B) be an organization or consortium that represents the

interests of parents;

‘‘(2) establish a special advisory committee the membership

of which includes—

‘‘(A) parents of children enrolled in elementary schools

and secondary schools, who shall constitute a majority

of the members of the special advisory committee;

‘‘(B) representatives of education professionals with

expertise in improving services for disadvantaged children;

and

‘‘(C) representatives of local elementary schools and

secondary schools, including students and representatives

from local youth organizations;

‘‘(3) use at least 50 percent of the funds received under

this subpart in each fiscal year to serve areas with high concentrations of low-income families, in order to serve parents

who are severely educationally or economically disadvantaged;

20 USC 7273b.

20 USC 7273a.

115 STAT. 1858 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(4) operate a center of sufficient size, scope, and quality

to ensure that the center is adequate to serve the parents

in the area;

‘‘(5) serve both urban and rural areas;

‘‘(6) design a center that meets the unique training,

information, and support needs of parents of children enrolled

in elementary schools and secondary schools, particularly such

parents who are educationally or economically disadvantaged;

‘‘(7) demonstrate the capacity and expertise to conduct

the effective training, information, and support activities for

which assistance is sought;

‘‘(8) network with—

‘‘(A) local educational agencies and schools;

‘‘(B) parents of children enrolled in elementary schools

and secondary schools;

‘‘(C) parent training and information centers assisted

under section 682 of the Individuals with Disabilities Education Act;

‘‘(D) clearinghouses; and

‘‘(E) other organizations and agencies;

‘‘(9) focus on serving parents of children enrolled in

elementary schools and secondary schools who are parents of

low-income, minority, and limited English proficient children;

‘‘(10) use at least 30 percent of the funds received under

this subpart in each fiscal year to establish, expand, or operate

Parents as Teachers programs, Home Instruction for Preschool

Youngsters programs, or other early childhood parent education

programs;

‘‘(11) provide assistance to parents in areas such as

understandingState and local standards and measures of student and school academic achievement;

‘‘(12) work with State educational agencies and local educational agencies to determine parental needs and the best

means for delivery of services;

‘‘(13) identify and coordinate Federal, State, and local services and programs that support improved student learning,

including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head

Start programs, adult education, and job training; and

‘‘(14) work with and foster partnerships with other agencies

that provide programs and deliver services described in paragraph (13) to make such programs and services more accessible

to children and families.

‘‘SEC. 5564. USES OF FUNDS.

‘‘(a) IN GENERAL.—Grant funds received under this subpart

shall be used for one or more of the following:

‘‘(1) To assist parents in participating effectively in their

children’s education and to help their children meet State and

local standards, such as assisting parents—

‘‘(A) to engage in activities that will improve student

academic achievement, including understanding the

accountability systems in place within their State educational agency and local educational agency and understanding their children’s educational academic achievement

in comparison to State and local standards;

20 USC 7273c.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1859

‘‘(B) to provide follow-up support for their children’s

educational achievement; ‘‘(C) to communicate effectively with teachers, principals, counselors, administrators, and other school personnel;

‘‘(D) to become active participants in the development,

implementation, and review of school-parent compacts,

parent involvement policies, and school planning and

improvement;

‘‘(E) to participate in the design and provision of assistance to students who are not making adequate academic

progress;

‘‘(F) to participate in State and local decisionmaking;

and

‘‘(G) to train other parents (such as training related

to Parents as Teachers activities).

‘‘(2) To obtain information about the range of options, programs, services, and resources available at the national, State,

and local levels to assist parents and school personnel who

work with parents.

‘‘(3) To help the parents learn and use the technology

applied in their children’s education.

‘‘(4) To plan, implement, and fund activities for parents

that coordinate the education of their children with other Federal, State, and local services and programs that serve their

children or their families.

‘‘(5) To provide support for State or local educational personnel, if the participation of such personnel will further the

activities assisted under the grant.

‘‘(6) To coordinate and integrate early childhood programs

with school-age programs.

‘‘(b) PERMISSIVE ACTIVITIES.—Grant funds received under this

subpart may be used to assist schools with activities including

one or more of the following:

‘‘(1) Developing and implementing the schools’ plans or

activities under sections 1118 and 1119.

‘‘(2) Developing and implementing school improvement

plans, including addressing problems that develop in the

implementation of the schools’ plans or activities under sections

1118 and 1119.

‘‘(3) Providing information about assessment and individual

results to parents in a manner and a language the family

can understand.

‘‘(4) Coordinating the efforts of Federal, State, and local

parent education and family involvement initiatives.

‘‘(5) Providing training, information, and support to—

‘‘(A) State educational agencies;

‘‘(B) local educational agencies and schools, especially

low-performing local educational agencies and schools; and

‘‘(C) organizations that support family-school partnerships.

‘‘SEC. 5565. ADMINISTRATIVE PROVISIONS.

‘‘(a) MATCHING FUNDS FOR GRANT RENEWAL.—For each fiscal

year after the first fiscal year in which an organization or consortium receives assistance under this subpart, the organization or

consortium shall demonstrate in the application submitted for such

20 USC 7273d.

115 STAT. 1860 PUBLIC LAW 107–110—JAN. 8, 2002

fiscal year, that a portion of the services provided by the organization or consortium is supported through non-Federal contributions,

which contributions may be in cash or in kind. ‘‘(b) SUBMISSION OF INFORMATION.— ‘‘(1) IN GENERAL.—Each organization or consortium

receiving assistance under this subpart shall submit to the

Secretary, on an annual basis, information concerning the

parental information and resource centers assisted under this

subpart, including the following information: ‘‘(A) The number of parents (including the number

of minority and limited English proficient parents) who

receive information and training. ‘‘(B) The types and modes of training, information,

and support provided under this subpart. ‘‘(C) The strategies used to reach and serve parents

of minority and limited English proficient children, parents

with limited literacy skills, and other parents in need of

the services provided under this subpart. ‘‘(D) The parental involvement policies and practices

used by the center and an evaluation of whether such

policies and practices are effective in improving homeschool communication, student academic achievement, student and school academic achievement, and parental

involvement in school planning, review, and improvement. ‘‘(E) The effectiveness of the activities that local educational agencies and schools are carrying out, with regard

to parental involvement and other activities assisted under

this Act, that lead to improved student academic achievement and improved student and school academic achievement.

‘‘(2) DISSEMINATION.—The Secretary shall disseminate

annually to Congress and the public the information that each

organization or consortium submits under paragraph (1).

‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance, by grant or contract, for the establishment,

development, and coordination of parent training, information, and

support programs and parental information and resource centers.

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this subpart shall

be construed to prohibit a parental information and resource center

from—

‘‘(1) having its employees or agents meet with a parent

at a site that is not on school grounds; or

‘‘(2) working with another agency that serves children.

‘‘(e) PARENTAL RIGHTS.—Notwithstanding any other provision

of this subpart—

‘‘(1) no person (including a parent who educates a child

at home, a public school parent, or a private school parent)

shall be required to participate in any program of parent education or developmental screening under this subpart; and

‘‘(2) no program or center assisted under this subpart shall

take any action that infringes in any manner on the right

of a parent to direct the education of their children.

‘‘(f) CONTINUATION OF AWARDS.—The Secretary shall use funds

made available under this subpart to continue to make grant or

contract payments to each entity that was awarded a multiyear

grant or contract under title IV of the Goals 2000: Educate America

Act (as such title was in effect on the day before the date of

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1861

enactment of the No Child Left Behind Act of 2001) for the duration

of the grant or contract award.

‘‘SEC. 5566. LOCAL FAMILY INFORMATION CENTERS.

‘‘(a) IN GENERAL.—If the amount made available to carry out this subpart for a fiscal year is more than $50,000,000, the Secretary

is authorized to award 50 percent of the amount that exceeds

$50,000,000 as grants to, and enter into contracts and cooperative

agreements with, local nonprofit parent organizations to enable

the organizations to support local family information centers that

help ensure that parents of students in elementary schools and

secondary schools assisted under this subpart have the training,

information, and support the parents need to enable the parents

to participate effectively in their children’s early childhood education, in their children’s elementary and secondary education, and

in helping their children to meet challenging State academic content

and student academic achievement standards. ‘‘(b) LOCAL NONPROFIT PARENT ORGANIZATION DEFINED.—In

this section, the term ‘local nonprofit parent organization’ means

a private nonprofit organization (other than an institution of higher

education) that—

‘‘(1) has a demonstrated record of working with low-income

individuals and parents;

‘‘(2)(A) has a board of directors, the majority of whom

are parents of students in elementary schools and secondary

schools assisted under part A of title I and located in the

geographic area to be served by a local family information

center; or

‘‘(B) has a special governing committee to direct and implement a local family information center, a majority of the members of whom are parents of students in schools assisted under

part A of title I; and

‘‘(3) is located in a community with elementary schools

and secondary schools that receive funds under part A of title

I, and is accessible to the families of students in those schools.

‘‘Subpart 17—Combatting Domestic Violence

‘‘SEC. 5571. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR

WITNESSING DOMESTIC VIOLENCE ON ELEMENTARY

AND SECONDARY SCHOOL CHILDREN.

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) DOMESTIC VIOLENCE.—The term ‘domestic violence’ has

the meaning given that term in section 2003 of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–

2).

‘‘(2) EXPERT.—The term ‘expert’ means—

‘‘(A) an expert on domestic violence, sexual assault,

and child abuse from the educational, legal, youth, mental

health, substance abuse, or victim advocacy field; and

‘‘(B) a State or local domestic violence coalition or

community-based youth organization.

‘‘(3) WITNESS DOMESTIC VIOLENCE.—

‘‘(A) IN GENERAL.—The term ‘witness domestic violence’

means to witness—

‘‘(i) an act of domestic violence that constitutes

actual or attempted physical assault; or

20 USC 7275.

20 USC 7273e.

115 STAT. 1862 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) a threat or other action that places the victim

in fear of domestic violence.

‘‘(B) WITNESS.—In subparagraph (A), the term ‘witness’

means—

‘‘(i) to directly observe an act, threat, or action

described in subparagraph (A), or the aftermath of

that act, threat, or action; or ‘‘(ii) to be within earshot of an act, threat, or

action described in subparagraph (A), or the aftermath

of that act, threat, or action. ‘‘(b) GRANTS AUTHORIZED.— ‘‘(1) AUTHORITY.—The Secretary is authorized to award

grants to local educational agencies that work with experts

to enable the elementary schools and secondary schools served

by the local educational agency— ‘‘(A) to provide training to school administrators, faculty, and staff, with respect to issues concerning children

who experience domestic violence in dating relationships

or who witness domestic violence, and the impact of the

violence on the children; ‘‘(B) to provide educational programming for students

regarding domestic violence and the impact of experiencing

or witnessing domestic violence on children; ‘‘(C) to provide support services for students and school

personnel to develop and strengthen effective prevention

and intervention strategies with respect to issues concerning children who experience domestic violence in dating

relationships or who witness domestic violence, and the

impact of the violence on the children; and

‘‘(D) to develop and implement school system policies

regarding appropriate and safe responses to, identification

of, and referral procedures for, students who are experiencing or witnessing domestic violence.

‘‘(2) AWARD BASIS.—The Secretary is authorized to award

grants under this section— ‘‘(A) on a competitive basis; and

‘‘(B) in a manner that ensures that such grants are

equitably distributed among local educational agencies

located in rural, urban, and suburban areas.

‘‘(3) POLICY DISSEMINATION.—The Secretary shall disseminate to local educational agencies any Department policy guidance regarding the prevention of domestic violence and the

impact on children of experiencing or witnessing domestic

violence.

‘‘(c) USES OF FUNDS.—Funds made available to carry out this

subpart may be used for one or more of the following purposes:

‘‘(1) To provide training for elementary school and secondary school administrators, faculty, and staff that addresses

issues concerning elementary school and secondary school students who experience domestic violence in dating relationships

or who witness domestic violence, and the impact of such

violence on those students.

‘‘(2) To provide education programs for elementary school

and secondary school students that are developmentally appropriate for the students’ grade levels and are designed to meet

any unique cultural and language needs of the particular student populations.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1863

‘‘(3) To develop and implement elementary school and secondary school system policies regarding—

‘‘(A) appropriate and safe responses to, identification

of, and referral procedures for, students who are experiencing or witnessing domestic violence; and

‘‘(B) to develop and implement policies on reporting

and referral procedures for those students.

‘‘(4) To provide the necessary human resources to respond

to the needs of elementary school and secondary school students

and personnel who are faced with the issue of domestic violence,

such as a resource person who is either on-site or on-call

and who is an expert.

‘‘(5) To provide media center materials and educational

materials to elementary schools and secondary schools that

address issues concerning children who experience domestic

violence in dating relationships or who witness domestic

violence, and the impact of the violence on those children.

‘‘(6) To conduct evaluations to assess the impact of programs and policies assisted under this subpart in order to

enhance the development of the programs.

‘‘(d) CONFIDENTIALITY.—Policies, programs, training materials,

and evaluations developed and implemented under subsection (c)

shall address issues of safety and confidentiality for the victim

and the victim’s family in a manner consistent with applicable

Federal and State laws.

‘‘(e) APPLICATION.—To be eligible for a grant under this section

for a fiscal year, a local educational agency, in consultation with

an expert, shall submit an application to the Secretary at such

time, in such manner, and containing such information as the

Secretary may require. The application shall include each of the

following:

‘‘(1) A description of the need for funds provided under

the grant and the plan for implementation of any of the activities described in subsection (c).

‘‘(2) A description of how the experts will work in consultation and collaboration with the local educational agency.

‘‘(3) Measurable objectives for, and expected results from,

the use of the funds provided under the grant.

‘‘(4) Provisions for appropriate remuneration for collaborating partners.

‘‘Subpart 18—Healthy, High-Performance Schools

‘‘SEC. 5581. GRANT PROGRAM AUTHORIZED.

‘‘The Secretary, in consultation with the Secretary of Energy

and the Administrator of the Environmental Protection Agency,

is authorized to award grants to State educational agencies to

permit such State educational agencies to carry out section 5582.

‘‘SEC. 5582. STATE USES OF FUNDS.

‘‘(a) SUBGRANTS.—

‘‘(1) IN GENERAL.—A State educational agency receiving

a grant under this subpart shall use funds made available

under the grant to award subgrants to local educational agencies to permit such local educational agencies to carry out

the activities described in section 5583.

20 USC 7277a.

20 USC 7277.

115 STAT. 1864 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) LIMITATION.—A State educational agency shall award

subgrants under this subsection to local educational agencies

that are the neediest, as determined by the State, and that

have made a commitment to develop healthy, high-performance

school buildings in accordance with the plan developed and

approved under paragraph (3)(A).

‘‘(3) IMPLEMENTATION.—

‘‘(A) PLANS.—A State educational agency shall award

subgrants under this subsection only to local educational

agencies that, in consultation with the State educational

agency and State agencies with responsibilities relating

to energy and health, have developed plans that the State

educational agency determines to be feasible and appropriate in order to achieve the purposes for which the subgrants are made.

‘‘(B) SUPPLEMENTING GRANT FUNDS.—The State educational agency shall encourage local educational agencies

that receive subgrants under this subsection to supplement

their subgrant funds with funds from other sources in

order to implement their plans.

‘‘(b) ADMINISTRATION.—A State educational agency receiving

a grant under this subpart shall use the grant funds made available

under this subpart for one or more of the following:

‘‘(1) To evaluate compliance by local educational agencies

with the requirements of this subpart.

‘‘(2) To distribute information and materials on healthy,

high-performance school buildings for both new and existing

facilities.

‘‘(3) To organize and conduct programs for school board

members, school district personnel, and others to disseminate

information on healthy, high-performance school buildings.

‘‘(4) To provide technical services and assistance in planning and designing healthy, high-performance school buildings.

‘‘(5) To collect and monitor information pertaining to

healthy, high-performance school building projects.

‘‘SEC. 5583. LOCAL USES OF FUNDS.

‘‘(a) IN GENERAL.—A local educational agency that receives

a subgrant under section 5582(a) shall use the subgrant funds

to plan and prepare for healthy, high-performance school building

projects that—

‘‘(1) reduce energy use to at least 30 percent below that

of a school constructed in compliance with standards prescribed

in chapter 8 of the 2000 International Energy Conservation

Code, or a similar State code intended to achieve substantially

equivalent results;

‘‘(2) meet Federal and State health and safety codes; and

‘‘(3) support healthful, energy efficient, and environmentally sound practices.

‘‘(b) USE OF FUNDS.—A local educational agency that receives

a subgrant under section 5582(a) shall use funds for one or more

of the following:

‘‘(1) To develop a comprehensive energy audit of the energy

consumption characteristics of a building and the need for

additional energy conservation measures necessary to allow

schools to meet the guidelines set out in subsection (a).

20 USC 7277b.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1865

‘‘(2) To produce a comprehensive analysis of building strategies, designs, materials, and equipment that— ‘‘(A) are cost effective, produce greater energy efficiency, and enhance indoor air quality; and

‘‘(B) can be used when conducting school construction

and renovation or purchasing materials and equipment.

‘‘(3) To obtain research and provide technical services and

assistance in planning and designing healthy, high-performance

school buildings, including developing a timeline for

implementation of such plans.

‘‘SEC. 5584. REPORT TO CONGRESS.

‘‘The Secretary shall conduct a biennial review of State actions

implementing this subpart and carrying out the plans developed

under this subpart through State and local funding, and shall

submit a report to Congress on the results of such reviews.

‘‘SEC. 5585. LIMITATIONS.

‘‘No funds received under this subpart may be used for any

of the following:

‘‘(1) Payment of maintenance of costs in connection with

any projects constructed in whole or in part with Federal funds

provided under this subpart.

‘‘(2) Construction, renovation, or repair of school facilities.

‘‘(3) Construction, renovation, repair, or acquisition of a

stadium or other facility primarily used for athletic contests

or exhibitions, or other events for which admission is charged

to the general public.

‘‘SEC. 5586. HEALTHY, HIGH-PERFORMANCE SCHOOL BUILDING

DEFINED.

‘‘In this subpart, the term ‘healthy, high-performance school

building’ means a school building in which the design, construction,

operation, and maintenance—

‘‘(1) use energy-efficient and affordable practices and materials;

‘‘(2) are cost-effective;

‘‘(3) enhance indoor air quality; and

‘‘(4) protect and conserve water.

‘‘Subpart 19—Grants for Capital Expenses of Providing Equitable Services for Private School

Students

‘‘SEC. 5591. GRANT PROGRAM AUTHORIZED.

‘‘The Secretary is authorized to award grants to State educational agencies, from allotments made under section 5593, to

enable the State educational agencies to award subgrants to local

educational agencies to pay for capital expenses in accordance with

this subpart.

‘‘SEC. 5592. USES OF FUNDS.

‘‘A local educational agency that receives a subgrant under

this subpart shall use the subgrant funds only to pay for capital

expenses incurred in providing equitable services for private school

students under section 1120.

20 USC 7279a.

20 USC 7279.

20 USC 7277e.

20 USC 7277d.

20 USC 7277c.

115 STAT. 1866 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 5593. ALLOTMENTS TO STATES.

‘‘From the funds made available to carry out this subpart

for a fiscal year, the Secretary shall allot to each State an amount

that bears the same ratio to the funds made available as the

number of private school students who received services under

part A of title I in the State in the most recent year for which

data, satisfactory to the Secretary, are available bears to the

number of such students in all States in such year.

‘‘SEC. 5594. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) APPLICATIONS.—A local educational agency that desires

to receive a subgrant under this subpart shall submit an application

to the State educational agency involved at such time, in such

manner, and containing such information as the State educational

agency may require. ‘‘(b) DISTRIBUTION.—A State educational agency shall award

subgrants to local educational agencies within the State based

on the degree of need set forth in their respective applications

submitted under subsection (a).

‘‘SEC. 5595. CAPITAL EXPENSES DEFINED.

‘‘In this subpart, the term ‘capital expenses’ means—

‘‘(1) expenditures for noninstructional goods and services,

such as the purchase, lease, or renovation of real and personal

property, including mobile educational units and leasing of

neutral sites or spaces;

‘‘(2) insurance and maintenance costs;

‘‘(3) transportation; and

‘‘(4) other comparable goods and services.

‘‘SEC. 5596. TERMINATION.

‘‘The authority provided by this subpart terminates effective

October 1, 2003.

‘‘Subpart 20—Additional Assistance for Certain

Local Educational Agencies Impacted by Federal Property Acquisition

‘‘SEC. 5601. RESERVATION.

‘‘The Secretary is authorized to provide additional assistance

to meet special circumstances relating to the provision of education

in local educational agencies eligible to receive assistance under

section 8002.

‘‘SEC. 5602. ELIGIBILITY.

‘‘A local educational agency is eligible to receive additional

assistance under this subpart only if such agency—

‘‘(1) received a payment under both section 8002 and section

8003(b) for fiscal year 1996 and is eligible to receive payments

under those sections for the year of application;

‘‘(2) provided a free public education to children described

under subparagraph (A), (B), or (D) of section 8003(a)(1);

‘‘(3) had a military installation located within the

geographic boundaries of the local educational agency that was

closed as a result of base closure or realignment and, at the

time at which the agency is applying for a payment under

20 USC 7281a.

20 USC 7281.

20 USC 7279e.

20 USC 7279d.

20 USC 7279c.

20 USC 7279b.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1867

this subpart, the agency does not have a military installation

located within its geographic boundaries;

‘‘(4) remains responsible for the free public education of

children residing in housing located on Federal property within

the boundaries of the closed military installation but whose

parents are on active duty in the uniformed services and

assigned to a military activity located within the boundaries

of an adjoining local educational agency; and

‘‘(5) demonstrates to the satisfaction of the Secretary that

such agency’s per-pupil revenue derived from local sources for

current expenditures is not less than that revenue for the

preceding fiscal year.

‘‘SEC. 5603. MAXIMUM AMOUNT.

‘‘(a) MAXIMUM AMOUNT.—The maximum amount that a local

educational agency is eligible to receive under this subpart for

any fiscal year, when combined with its payment under section

8002(b), shall not be more than 50 percent of the maximum amount

determined under section 8002(b). ‘‘(b) INSUFFICIENT FUNDS.—If funds appropriated under section

5401 are insufficient to pay the amount determined under subsection (a), the Secretary shall ratably reduce the payment to each

local educational agency eligible under this subpart.

‘‘(c) EXCESS FUNDS.—If funds appropriated under section 5401

are in excess of the amount determined under subsection (a), the

Secretary shall ratably distribute any excess funds to all local

educational agencies eligible for payment under section 8002(b).

‘‘Subpart 21—Women’s Educational Equity Act

‘‘SEC. 5611. SHORT TITLE AND FINDINGS.

‘‘(a) SHORT TITLE.—This subpart may be cited as the ‘Women’s

Educational Equity Act of 2001’.

‘‘(b) FINDINGS.—Congress finds that— ‘‘(1) since the enactment of title IX of the Education Amendments of 1972, women and girls have made strides in educational achievement and in their ability to avail themselves

of educational opportunities;

‘‘(2) because of funding provided under the Women’s Educational Equity Act of 2001, more curricula, training, and other

educational materials concerning educational equity for women

and girls are available for national dissemination;

‘‘(3) teaching and learning practices in the United States

are frequently inequitable as such practices relate to women

and girls, for example—

‘‘(A) sexual harassment, particularly that experienced

by girls, undermines the ability of schools to provide a

safe and equitable learning or workplace environment;

‘‘(B) classroom textbooks and other educational materials do not sufficiently reflect the experiences, achievements, or concerns of women and, in most cases, are not

written by women or persons of color;

‘‘(C) girls do not take as many mathematics and science

courses as boys, girls lose confidence in their mathematics

and science ability as girls move through adolescence, and

there are few women role models in the sciences; and

20 USC 7283.

Women’s

Educational

Equity Act of

2001.

20 USC 7281b.

115 STAT. 1868 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(D) pregnant and parenting teenagers are at high

risk for dropping out of school and existing dropout prevention programs do not adequately address the needs of such

teenagers;

‘‘(4) efforts to improve the quality of public education also

must include efforts to ensure equal access to quality education

programs for all women and girls;

‘‘(5) Federal support should address not only research and

development of innovative model curricula and teaching and

learning strategies to promote gender equity, but should also

assist schools and local communities implement gender equitable practices;

‘‘(6) Federal assistance for gender equity must be tied to

systemic reform, involve collaborative efforts to implement

effective gender practices at the local level, and encourage

parental participation; and

‘‘(7) excellence in education, high educational achievements

and standards, and the full participation of women and girls

in American society, cannot be achieved without educational

equity for women and girls.

‘‘SEC. 5612. STATEMENT OF PURPOSE.

‘‘It is the purpose of this subpart—

‘‘(1) to promote gender equity in education in the United

States;

‘‘(2) to provide financial assistance to enable educational

agencies and institutions to meet the requirements of title

IX of the Educational Amendments of 1972; and

‘‘(3) to promote equity in education for women and girls

who suffer from multiple forms of discrimination based on

sex, race, ethnic origin, limited English proficiency, disability,

or age.

‘‘SEC. 5613. PROGRAMS AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary is authorized— ‘‘(1) to promote, coordinate, and evaluate gender equity

policies, programs, activities, and initiatives in all Federal education programs and offices;

‘‘(2) to develop, maintain, and disseminate materials,

resources, analyses, and research relating to education equity

for women and girls;

‘‘(3) to provide information and technical assistance to

assure the effective implementation of gender equity programs;

‘‘(4) to coordinate gender equity programs and activities

with other Federal agencies with jurisdiction over education

and related programs;

‘‘(5) to assist the Assistant Secretary of the Office of Educational Research and Improvement in identifying research

priorities related to education equity for women and girls; and

‘‘(6) to perform any other activities consistent with

achieving the purposes of this subpart.

‘‘(b) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to, and enter into contracts and cooperative agreements

with, public agencies, private nonprofit agencies, organizations,

institutions, student groups, community groups, and individuals, for a period not to exceed 4 years, to—

20 USC 7283b.

20 USC 7283a.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1869

‘‘(A) provide grants to develop model equity programs;

and ‘‘(B) provide funds for the implementation of equity

programs in schools throughout the Nation.

‘‘(2) SUPPORT AND TECHNICAL ASSISTANCE.—To achieve the

purposes of this subpart, the Secretary is authorized to provide

support and technical assistance— ‘‘(A) to implement effective gender-equity policies and

programs at all educational levels, including— ‘‘(i) assisting educational agencies and institutions

to implement policies and practices to comply with

title IX of the Education Amendments of 1972; ‘‘(ii) training for teachers, counselors, administrators, and other school personnel, especially preschool

and elementary school personnel, in gender equitable

teaching and learning practices; ‘‘(iii) leadership training for women and girls to

develop professional and marketable skills to compete

in the global marketplace, improve self-esteem, and

benefit from exposure to positive role models; ‘‘(iv) school-to-work transition programs, guidance

and counseling activities, and other programs to

increase opportunities for women and girls to enter

a technologically demanding workplace and, in particular, to enter highly skilled, high paying careers

in which women and girls have been underrepresented; ‘‘(v) enhancing educational and career opportunities for those women and girls who suffer multiple

forms of discrimination, based on sex, and on race,

ethnic origin, limited English proficiency, disability,

socioeconomic status, or age;

‘‘(vi) assisting pregnant students and students

rearing children to remain in or to return to secondary

school, graduate, and prepare their preschool children

to start school;

‘‘(vii) evaluating exemplary model programs to

assess the ability of such programs to advance educational equity for women and girls;

‘‘(viii) introduction into the classroom of textbooks,

curricula, and other materials designed to achieve

equity for women and girls;

‘‘(ix) programs and policies to address sexual

harassment and violence against women and girls and

to ensure that educational institutions are free from

threats to the safety of students and personnel;

‘‘(x) nondiscriminatory tests of aptitude and

achievement and of alternative assessments that eliminate biased assessment instruments from use;

‘‘(xi) programs to increase educational opportunities, including higher education, vocational training,

and other educational programs for low-income women,

including underemployed and unemployed women, and

women receiving assistance under a State program

funded under part A of title IV of the Social Security

Act;

‘‘(xii) programs to improve representation of

women in educational administration at all levels; and

115 STAT. 1870 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(xiii) planning, development, and initial

implementation of—

‘‘(I) comprehensive institutionwide or districtwide evaluation to assess the presence or absence

of gender equity in educational settings;

‘‘(II) comprehensive plans for implementation

of equity programs in State educational agencies

and local educational agencies and institutions of

higher education, including community colleges;

and

‘‘(III) innovative approaches to school-community partnerships for educational equity; and

‘‘(B) for research and development, which shall be

coordinated with each of the research institutes of the

Office of Educational Research and Improvement to avoid

duplication of research efforts, designed to advance gender

equity nationwide and to help make policies and practices

in educational agencies and institutions, and local communities, gender equitable, including—

‘‘(i) research and development of innovative strategies and model training programs for teachers and

other education personnel;

‘‘(ii) the development of high-quality and challenging assessment instruments that are nondiscriminatory;

‘‘(iii) the development and evaluation of model curricula, textbooks, software, and other educational materials to ensure the absence of gender stereotyping and

bias;

‘‘(iv) the development of instruments and procedures that employ new and innovative strategies to

assess whether diverse educational settings are gender

equitable;

‘‘(v) the development of instruments and strategies

for evaluation, dissemination, and replication of promising or exemplary programs designed to assist local

educational agencies in integrating gender equity in

their educational policies and practices;

‘‘(vi) updating high-quality educational materials

previously developed through awards made under this

subpart;

‘‘(vii) the development of policies and programs

to address and prevent sexual harassment and violence

to ensure that educational institutions are free from

threats to safety of students and personnel;

‘‘(viii) the development and improvement of programs and activities to increase opportunity for women,

including continuing educational activities, vocational

education, and programs for low-income women,

including underemployed and unemployed women, and

women receiving assistance under the State program

funded under part A of title IV of the Social Security

Act; and

‘‘(ix) the development of guidance and counseling

activities, including career education programs,

designed to ensure gender equity.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1871

‘‘SEC. 5614. APPLICATIONS.

‘‘An application under this subpart shall—

‘‘(1) set forth policies and procedures that will ensure a

comprehensive evaluation of the activities assisted under this

subpart, including an evaluation of the practices, policies, and

materials used by the applicant and an evaluation or estimate

of the continued significance of the work of the project following

completion of the award period;

‘‘(2) demonstrate how the applicant will address perceptions

of gender roles based on cultural differences or stereotypes;

‘‘(3) for applications for assistance under section 5613(b)(1),

demonstrate how the applicant will foster partnerships and,

where applicable, share resources with State educational agencies, local educational agencies, institutions of higher education,

community-based organizations (including organizations

serving women), parent, teacher, and student groups,

businesses, or other recipients of Federal educational funding

which may include State literacy resource centers;

‘‘(4) for applications for assistance under section 5613(b)(1),

demonstrate how parental involvement in the project will be

encouraged; and

‘‘(5) for applications for assistance under section 5613(b)(1),

describe plans for continuation of the activities assisted under

this subpart with local support following completion of the

grant period and termination of Federal support under this

subpart.

‘‘SEC. 5615. CRITERIA AND PRIORITIES.

‘‘(a) CRITERIA AND PRIORITIES.—

‘‘(1) IN GENERAL.—The Secretary shall establish separate

criteria and priorities for awards under paragraphs (1) and

(2) of section 5613(b) to ensure that funds under this subpart

are used for programs that most effectively will achieve the

purposes of this subpart.

‘‘(2) CRITERIA.—The criteria described in paragraph (1) may

include the extent to which the activities assisted under this

subpart—

‘‘(A) address the needs of women and girls of color

and women and girls with disabilities;

‘‘(B) meet locally defined and documented educational

equity needs and priorities, including compliance with title

IX of the Education Amendments of 1972;

‘‘(C) are a significant component of a comprehensive

plan for educational equity and compliance with title IX

of the Education Amendments of 1972 in the particular

school district, institution of higher education, vocationaltechnical institution, or other educational agency or institution; and

‘‘(D) implement an institutional change strategy with

long-term impact that will continue as a central activity

of the applicant after the grant under this subpart has

terminated.

‘‘(b) PRIORITIES.—In awarding grants under this subpart, the

Secretary may give special consideration to applications—

‘‘(1) submitted by applicants that have not received assistance under this subpart or this subpart’s predecessor authorities;

20 USC 7283d.

20 USC 7283c.

115 STAT. 1872 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) for projects that will contribute significantly to directly

improving teaching and learning practices in the local community; and

‘‘(3) for projects that will—

‘‘(A) provide for a comprehensive approach to

enhancing gender equity in educational institutions and

agencies;

‘‘(B) draw on a variety of resources, including the

resources of local educational agencies, community-based

organizations, institutions of higher education, and private

organizations;

‘‘(C) implement a strategy with long-term impact that

will continue as a central activity of the applicant after

the grant under this subpart has terminated;

‘‘(D) address issues of national significance that can

be duplicated; and

‘‘(E) address the educational needs of women and girls

who suffer multiple or compound discrimination based on

sex and on race, ethnic origin, disability, or age.

‘‘(c) SPECIAL RULE.—To the extent feasible, the Secretary shall

ensure that grants awarded under this subpart for each fiscal

year address—

‘‘(1) all levels of education, including preschool, elementary

and secondary education, higher education, vocational education, and adult education;

‘‘(2) all regions of the United States; and

‘‘(3) urban, rural, and suburban educational institutions.

‘‘(d) COORDINATION.—Research activities supported under this

subpart—

‘‘(1) shall be carried out in consultation with the Office

of Educational Research and Improvement to ensure that such

activities are coordinated with and enhance the research and

development activities supported by the Office; and

‘‘(2) may include collaborative research activities which

are jointly funded and carried out with the Office of Educational

Research and Improvement.

‘‘(e) LIMITATION.—Nothing in this subpart shall be construed

as prohibiting men and boys from participating in any programs

or activities assisted with funds under this subpart.

‘‘SEC. 5616. REPORT.

‘‘Not later than January 1, 2006, the Secretary shall submit

to the President and Congress a report on the status of educational

equity for girls and women in the Nation.

‘‘SEC. 5617. ADMINISTRATION.

‘‘(a) EVALUATION AND DISSEMINATION.—Not later than January

1, 2005, the Secretary shall evaluate and disseminate materials

and programs developed under this subpart and shall report to

Congress regarding such evaluation materials and programs.

‘‘(b) PROGRAM OPERATIONS.—The Secretary shall ensure that

the activities assisted under this subpart are administered within

the Department by a person who has recognized professional qualifications and experience in the field of gender equity education.

Deadline.

20 USC 7283f.

Deadline.

20 USC 7283e.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1873

‘‘SEC. 5618. AMOUNT.

‘‘From amounts made available to carry out this subpart for

a fiscal year, not less than two-thirds of such amount shall be

used to carry out the activities described in section 5613(b)(1).’’.

SEC. 502. CONTINUATION OF AWARDS.

(a) IN GENERAL.—Notwithstanding any other provision of this

Act or the Elementary and Secondary Education Act of 1965 (20

U.S.C. 6301 et seq.), in the case of any agency or consortium

that was awarded a grant under section 5111 of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7211) or any

person or agency that was awarded a contract or grant under

part B, D, or E of title X of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 8031 et seq., 8091 et seq., 8131 et seq.),

prior to the date of enactment of this Act, the Secretary of Education

shall continue to provide funds in accordance with the terms of

such award until the date on which the award period terminates

under such terms.

(b) SPECIAL RULE.—Notwithstanding any other provision of this

Act, any person or agency that was awarded or entered into a

grant, contract, or cooperative agreement under part B of title

V of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 7231 et seq.), prior to the date of enactment of this Act

shall continue to receive funds in accordance with the terms of

such grant, contract, or agreement until the date on which the

grant, contract, or agreement period terminates under such terms.

TITLE VI—FLEXIBILITY AND

ACCOUNTABILITY

SEC. 601. FLEXIBILITY AND ACCOUNTABILITY.

Title VI (20 U.S.C. 7301 et seq.) is amended to read as follows:

‘‘TITLE VI—FLEXIBILITY AND

ACCOUNTABILITY

‘‘PART A—IMPROVING ACADEMIC

ACHIEVEMENT

‘‘Subpart 1—Accountability

‘‘SEC. 6111. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

‘‘The Secretary shall make grants to States to enable the

States—

‘‘(1) to pay the costs of the development of the additional

State assessments and standards required by section 1111(b),

which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such

State; and

‘‘(2) if a State has developed the assessments and standards

required by section 1111(b), to administer those assessments

or to carry out other activities described in this subpart and

other activities related to ensuring that the State’s schools

20 USC 7301.

20 USC 6301

note.

20 USC 7283g.

115 STAT. 1874 PUBLIC LAW 107–110—JAN. 8, 2002

and local educational agencies are held accountable for results,

such as the following:

‘‘(A) Developing challenging State academic content

and student academic achievement standards and aligned

assessments in academic subjects for which standards and

assessments are not required by section 1111(b).

‘‘(B) Developing or improving assessments of English

language proficiency necessary to comply with section

1111(b)(7).

‘‘(C) Ensuring the continued validity and reliability

of State assessments.

‘‘(D) Refining State assessments to ensure their continued alignment with the State’s academic content standards

and to improve the alignment of curricula and instructional

materials.

‘‘(E) Developing multiple measures to increase the reliability and validity of State assessment systems.

‘‘(F) Strengthening the capacity of local educational

agencies and schools to provide all students the opportunity

to increase educational achievement, including carrying out

professional development activities aligned with State student academic achievement standards and assessments.

‘‘(G) Expanding the range of accommodations available

to students with limited English proficiency and students

with disabilities to improve the rates of inclusion of such

students, including professional development activities

aligned with State academic achievement standards and

assessments.

‘‘(H) Improving the dissemination of information on

student achievement and school performance to parents

and the community, including the development of information and reporting systems designed to identify best educational practices based on scientifically based research

or to assist in linking records of student achievement,

length of enrollment, and graduation over time.

‘‘SEC. 6112. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

‘‘(a) GRANT PROGRAM AUTHORIZED.—From funds made available

to carry out this subpart, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted

an application at such time, in such manner, and containing such

information as the Secretary may require, which demonstrate to

the satisfaction of the Secretary, that the requirements of this

section will be met, for the following:

‘‘(1) To enable States (or consortia of States) to collaborate

with institutions of higher education, other research institutions, or other organizations to improve the quality, validity,

and reliability of State academic assessments beyond the

requirements for such assessments described in section

1111(b)(3).

‘‘(2) To measure student academic achievement using multiple measures of student academic achievement from multiple

sources.

‘‘(3) To chart student progress over time.

‘‘(4) To evaluate student academic achievement through

the development of comprehensive academic assessment

20 USC 7301a.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1875

instruments, such as performance and technology-based academic assessments.

‘‘(b) APPLICATION.—Each State wishing to apply for funds under

this section shall include in its State plan under part A of title

I such information as the Secretary may require.

‘‘(c) ANNUAL REPORT.—Each State educational agency receiving

a grant under this section shall submit an annual report to the

Secretary describing its activities, and the result of those activities,

under the grant.

‘‘SEC. 6113. FUNDING.

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—

For the purpose of administering the State assessments under

the National Assessment of Educational Progress, there are

authorized to be appropriated $72,000,000 for fiscal year 2002,

and such sums as may be necessary for each of the 5 succeeding

fiscal years.

‘‘(2) STATE ASSESSMENTS AND RELATED ACTIVITIES.—For the

purpose of carrying out this subpart, there are authorized to

be appropriated $490,000,000 for fiscal year 2002, and such

sums as may be necessary for each of the 5 succeeding fiscal

years.

‘‘(b) ALLOTMENT OF APPROPRIATED FUNDS.—

‘‘(1) IN GENERAL.—From amounts made available for each

fiscal year under subsection (a)(2) that are equal to or less

than the amount described in section 1111(b)(3)(D) (hereinafter

in this subsection referred to as the ‘trigger amount’), the

Secretary shall—

‘‘(A) reserve one-half of 1 percent for the Bureau of

Indian Affairs;

‘‘(B) reserve one-half of 1 percent for the outlying areas;

and

‘‘(C) from the remainder, allocate to each State an

amount equal to—

‘‘(i) $3,000,000; and

‘‘(ii) with respect to any amounts remaining after

the allocation is made under clause (i), an amount

that bears the same relationship to such total

remaining amounts as the number of students ages

5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory

data) bears to the total number of such students in

all States.

‘‘(2) REMAINDER.—Any amounts remaining for a fiscal year

after the Secretary carries out paragraph (1) shall be made

available as follows:

‘‘(A)(i) To award funds under section 6112 to States

according to the quality, needs, and scope of the State

application under that section.

‘‘(ii) In determining the grant amount under clause

(i), the Secretary shall ensure that a State’s grant shall

include an amount that bears the same relationship to

the total funds available under this paragraph for the

fiscal year as the number of students ages 5 through 17

in the State (as determined by the Secretary on the basis

20 USC 7301b.

115 STAT. 1876 PUBLIC LAW 107–110—JAN. 8, 2002

of the most recent satisfactory data) bears to the total

number of such students in all States. ‘‘(B) Any amounts remaining after the Secretary

awards funds under subparagraph (A) shall be allocated

to each State that did not receive a grant under such

subparagraph, in an amount that bears the same relationship to the total funds available under this subparagraph

as the number of students ages 5 through 17 in the State

(as determined by the Secretary on the basis of the most

recent satisfactory data) bears to the total number of such

students in all States.

‘‘(c) STATE DEFINED.—In this section, the term ‘State’ means

each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

‘‘Subpart 2—Funding Transferability for State and

Local Educational Agencies

‘‘SEC. 6121. SHORT TITLE.

‘‘This subpart may be cited as the ‘State and Local Transferability Act’.

‘‘SEC. 6122. PURPOSE.

‘‘The purpose of this subpart is to allow States and local educational agencies the flexibility—

‘‘(1) to target Federal funds to Federal programs that most

effectively address the unique needs of States and localities;

and

‘‘(2) to transfer Federal funds allocated to other activities

to allocations for certain activities authorized under title I.

‘‘SEC. 6123. TRANSFERABILITY OF FUNDS.

‘‘(a) TRANSFERS BY STATES.—

‘‘(1) IN GENERAL.—In accordance with this subpart, a State

may transfer not more than 50 percent of the nonadministrative

State funds (including funds transferred under paragraph (2))

allotted to the State for use for State-level activities under

the following provisions for a fiscal year to one or more of

the State’s allotments for such fiscal year under any other

of such provisions:

‘‘(A) Section 2113(a)(3).

‘‘(B) Section 2412(a)(1).

‘‘(C) Subsections (a)(1) (with the agreement of the Governor) and (c)(1) of section 4112 and section 4202(c)(3).

‘‘(D) Section 5112(b).

‘‘(2) ADDITIONAL FUNDS FOR TITLE I.—In accordance with

this subpart and subject to the 50 percent limitation described

in paragraph (1), a State may transfer any funds allotted to

the State under a provision listed in paragraph (1) to its allotment under title I.

‘‘(b) TRANSFERS BY LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) AUTHORITY TO TRANSFER FUNDS.—

‘‘(A) IN GENERAL.—In accordance with this subpart,

a local educational agency (except a local educational

agency identified for improvement under section 1116(c)

or subject to corrective action under section 1116(c)(9))

20 USC 7305b.

20 USC 7305a.

20 USC 7305.

State and Local

Transferability

Act.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1877

may transfer not more than 50 percent of the funds allocated to it (including funds transferred under subparagraph

(C)) under each of the provisions listed in paragraph (2)

for a fiscal year to one or more of its allocations for such

fiscal year under any other provision listed in paragraph

(2).

‘‘(B) AGENCIES IDENTIFIED FOR IMPROVEMENT.—In

accordance with this subpart, a local educational agency

identified for improvement under section 1116(c) may

transfer not more than 30 percent of the funds allocated

to it (including funds transferred under subparagraph (C))

under each of the provisions listed in paragraph (2) for

a fiscal year—

‘‘(i) to its allocation for school improvement for

such fiscal year under section 1003; or

‘‘(ii) to any other allocation for such fiscal year

if such transferred funds are used only for local educational agency improvement activities consistent with

section 1116(c).

‘‘(C) ADDITIONAL FUNDS FOR TITLE I.—In accordance

with this subpart and subject to the percentage limitation

described in subparagraph (A) or (B), as applicable, a local

educational agency may transfer funds allocated to such

agency under any of the provisions listed in paragraph

(2) for a fiscal year to its allocation for part A of title

I for that fiscal year.

‘‘(2) APPLICABLE PROVISIONS.—A local educational agency

may transfer funds under subparagraph (A), (B), or (C) of

paragraph (1) from allocations made under each of the following

provisions:

‘‘(A) Section 2121.

‘‘(B) Section 2412(a)(2)(A).

‘‘(C) Section 4112(b)(1).

‘‘(D) Section 5112(a).

‘‘(c) NO TRANSFER OF TITLE I FUNDS.—A State or a local educational agency may not transfer under this subpart to any other

program any funds allotted or allocated to it for part A of title

I.

‘‘(d) MODIFICATION OF PLANS AND APPLICATIONS; NOTIFICATION.—

‘‘(1) STATE TRANSFERS.—Each State that makes a transfer

of funds under this section shall—

‘‘(A) modify, to account for such transfer, each State

plan, or application submitted by the State, to which such

funds relate;

‘‘(B) not later than 30 days after the date of such

transfer, submit a copy of such modified plan or application

to the Secretary; and

‘‘(C) not later than 30 days before the effective date

of such transfer, notify the Secretary of such transfer.

‘‘(2) LOCAL TRANSFERS.—Each local educational agency that

makes a transfer of funds under this section shall—

‘‘(A) modify, to account for such transfer, each local

plan, or application submitted by the agency, to which

such funds relate;

Deadline.

115 STAT. 1878 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) not later than 30 days after the date of such

transfer, submit a copy of such modified plan or application

to the State; and

‘‘(C) not later than 30 days before the effective date

of such transfer, notify the State of such transfer.

‘‘(e) APPLICABLE RULES.—

‘‘(1) IN GENERAL.—Except as otherwise provided in this

subpart, funds transferred under this section are subject to

each of the rules and requirements applicable to the funds

under the provision to which the transferred funds are transferred.

‘‘(2) CONSULTATION.—Each State educational agency or

local educational agency that transfers funds under this section

shall conduct consultations in accordance with section 9501,

if such transfer transfers funds from a program that provides

for the participation of students, teachers, or other educational

personnel, from private schools.

‘‘Subpart 3—State and Local Flexibility

Demonstration

‘‘SEC. 6131. SHORT TITLE.

‘‘This subpart may be cited as the ‘State and Local Flexibility

Demonstration Act’.

‘‘SEC. 6132. PURPOSE.

‘‘The purpose of this subpart is to create options for selected

State educational agencies and local educational agencies—

‘‘(1) to improve the academic achievement of all students,

and to focus the resources of the Federal Government upon

such achievement;

‘‘(2) to improve teacher quality and subject matter mastery,

especially in mathematics, reading, and science;

‘‘(3) to better empower parents, educators, administrators,

and schools to effectively address the needs of their children

and students;

‘‘(4) to give participating State educational agencies and

local educational agencies greater flexibility in determining how

to increase their students’ academic achievement and implement education reforms in their schools;

‘‘(5) to eliminate barriers to implementing effective State

and local education reform, while preserving the goals of opportunity for all students and accountability for student progress;

‘‘(6) to hold participating State educational agencies and

local educational agencies accountable for increasing the academic achievement of all students, especially disadvantaged

students; and

‘‘(7) to narrow achievement gaps between the lowest and

highest achieving groups of students so that no child is left

behind.

‘‘SEC. 6133. GENERAL PROVISION.

‘‘For purposes of this subpart, any State that is one local

educational agency shall be considered a State educational agency

and not a local educational agency.

20 USC 7311b.

20 USC 7311a.

20 USC 7311.

State and Local

Flexibility

Demonstration

Act.

Deadline.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1879

‘‘CHAPTER A—STATE FLEXIBILITY AUTHORITY

‘‘SEC. 6141. STATE FLEXIBILITY.

‘‘(a) FLEXIBILITY AUTHORITY.—Except as otherwise provided in

this chapter, the Secretary shall, on a competitive basis, grant

flexibility authority to not more than seven eligible State educational agencies, under which the agencies may consolidate and

use funds in accordance with section 6142. ‘‘(b) DEFINITIONS.—In this chapter: ‘‘(1) ELIGIBLE STATE EDUCATIONAL AGENCY.—The term ‘eligible State educational agency’ means a State educational

agency that— ‘‘(A) submits an approvable application under subsection (c); and ‘‘(B) proposes performance agreements— ‘‘(i) that shall be entered into with not fewer than

4, and not more than 10, local educational agencies; ‘‘(ii) not fewer than half of which shall be entered

into with high-poverty local educational agencies; and ‘‘(iii) that require the local educational agencies

described in clause (i) to align their use of consolidated

funds under section 6152 with the State educational

agency’s use of consolidated funds under section 6142. ‘‘(2) HIGH-POVERTY LOCAL EDUCATIONAL AGENCY.—The term

‘high-poverty local educational agency’ means a local educational agency for which 20 percent or more of the children

who are age 5 through 17, and served by the local educational

agency, are from families with incomes below the poverty line.

‘‘(c) STATE APPLICATIONS.—

‘‘(1) APPLICATIONS.—To be eligible to receive flexibility

authority under this chapter, a State educational agency shall

submit an application to the Secretary at such time, in such

manner, and containing such information as the Secretary may

require, including—

‘‘(A) information demonstrating, to the satisfaction of

the Secretary, that the grant of authority offers substantial

promise of—

‘‘(i) assisting the State educational agency in

making adequate yearly progress, as defined under

section 1111(b)(2); and

‘‘(ii) aligning State and local reforms and assisting

the local educational agencies that enter into performance agreements with the State educational agency

under paragraph (2) in making such adequate yearly

progress;

‘‘(B) the performance agreements that the State educational agency proposes to enter into with eligible local

educational agencies under paragraph (2);

‘‘(C) information demonstrating that the State educational agency has consulted with and involved parents,

representatives of local educational agencies, and other

educators in the development of the terms of the grant

of authority;

‘‘(D) a provision specifying that the grant of flexibility

authority shall be for a term of not more than 5 years;

‘‘(E) a list of the programs described in section 6142(b)

that are included in the scope of the grant of authority;

20 USC 7315.

115 STAT. 1880 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(F) a provision specifying that no requirements of

any program described in section 6142(b) and included

by a State educational agency in the scope of the grant

of authority shall apply to that agency, except as otherwise

provided in this chapter;

‘‘(G) a 5-year plan describing how the State educational

agency intends to consolidate and use the funds from programs included in the scope of the grant of authority,

for any educational purpose authorized under this Act,

in order to make adequate yearly progress and advance

the education priorities of the State and the local educational agencies with which the State educational agency

enters into performance agreements;

‘‘(H) an assurance that the State educational agency

will provide parents, teachers, and representatives of local

educational agencies and schools with notice and an opportunity to comment on the proposed terms of the grant

of authority;

‘‘(I) an assurance that the State educational agency,

and the local educational agencies with which the State

educational agency enters into performance agreements,

will use fiscal control and fund accounting procedures that

will ensure proper disbursement of, and accounting for,

Federal funds consolidated and used under the grant of

authority;

‘‘(J) an assurance that the State educational agency,

and the local educational agencies with which the State

educational agency enters into performance agreements,

will meet the requirements of all applicable Federal civil

rights laws in carrying out the grant of authority, including

consolidating and using funds under the grant of authority;

‘‘(K) an assurance that, in consolidating and using

funds under the grant of authority—

‘‘(i) the State educational agency, and the local

educational agencies with which the State educational

agency enters into performance agreements, will provide for the equitable participation of students and

professional staff in private schools consistent with

section 9501; and

‘‘(ii) that sections 9502, 9503, and 9504 shall apply

to all services and assistance provided with such funds

in the same manner as such sections apply to services

and assistance provided in accordance with section

9501;

‘‘(L) an assurance that the State educational agency

will, for the duration of the grant of authority, use funds

consolidated under section 6142 only to supplement the

amount of funds that would, in the absence of those Federal

funds, be made available from non-Federal sources for the

education of students participating in programs assisted

with the consolidated funds, and not to supplant those

funds; and

‘‘(M) an assurance that the State educational agency

shall, not later than 1 year after the date on which the

Secretary makes the grant of authority, and annually thereafter during the term of the grant of authority, disseminate

widely to parents and the general public, transmit to the

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1881

Secretary, distribute to print and broadcast media, and

post on the Internet, a report, which shall include a detailed

description of how the State educational agency, and the

local educational agencies with which the State educational

agency enters into performance agreements, used the funds

consolidated under the grant of authority to make adequate

yearly progress and advance the education priorities of

the State and local educational agencies in the State.

‘‘(2) PROPOSED PERFORMANCE AGREEMENTS WITH LOCAL

EDUCATIONAL AGENCIES.— ‘‘(A) IN GENERAL.—A State educational agency that

wishes to receive flexibility authority under this subpart

shall propose performance agreements that meet the

requirements of clauses (i) and (ii) of subsection (b)(1)(B)

(subject to approval of the application or amendment

involved under subsection (d) or (e)). ‘‘(B) PERFORMANCE AGREEMENTS.—Each proposed

performance agreement with a local educational agency

shall—

‘‘(i) contain plans for the local educational agency

to consolidate and use funds in accordance with section

6152, for activities that are aligned with the State

educational agency’s plan described in paragraph

(1)(G);

‘‘(ii) be subject to the requirements of chapter B

relating to agreements between the Secretary and a

local educational agency, except—

‘‘(I) that, as appropriate, references in that

chapter to the Secretary shall be deemed to be

references to the State educational agency; and

‘‘(II) as otherwise provided in this chapter;

and

‘‘(iii) contain an assurance that the local educational agency will, for the duration of the grant of

authority, use funds consolidated under section 6152

only to supplement the amount of funds that would,

in the absence of those Federal funds, be made available from non-Federal sources for the education of

students participating in programs assisted with the

consolidated funds, and not to supplant those funds.

‘‘(d) APPROVAL AND SELECTION.—The Secretary shall—

‘‘(1) establish a peer review process to assist in the review

of proposed State applications under this section; and

‘‘(2) appoint individuals to participate in the peer review

process who are—

‘‘(A) representative of parents, teachers, State educational agencies, and local educational agencies; and

‘‘(B) familiar with educational standards, assessments,

accountability, curricula, instruction, and staff development, and other diverse educational needs of students.

‘‘(e) AMENDMENT TO GRANT OF AUTHORITY.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary

shall amend the grant of flexibility authority made to a State

educational agency under this chapter, in each of the following

circumstances:

‘‘(A) REDUCTION IN SCOPE OF THE GRANT OF

AUTHORITY.—Not later than 1 year after receiving a grant

115 STAT. 1882 PUBLIC LAW 107–110—JAN. 8, 2002

of flexibility authority, the State educational agency seeks

to amend the grant of authority to remove from the scope

of the grant of authority any program described in section

6142(b).

‘‘(B) EXPANSION OF SCOPE OF THE GRANT OF

AUTHORITY.—Not later than 1 year after receiving a grant

of flexibility authority, the State educational agency seeks

to amend the grant of authority to include in the scope

of the grant of authority any additional program described

in section 6142(b) or any additional achievement indicators

for which the State will be held accountable. ‘‘(C) CHANGES WITH RESPECT TO NUMBER OF PERFORM- ANCE AGREEMENTS.—The State educational agency seeks

to amend the grant of authority to include or remove

performance agreements that the State educational agency

proposes to enter into with eligible local educational agencies, except that in no case may the State educational

agency enter into performance agreements that do not meet

the requirements of clauses (i) and (ii) of subsection

(b)(1)(B).

‘‘(2) APPROVAL AND DISAPPROVAL.—

‘‘(A) DEEMED APPROVAL.—A proposed amendment to

a grant of flexibility authority submitted by a State educational agency pursuant to paragraph (1) shall be deemed

to be approved by the Secretary unless the Secretary makes

a written determination, prior to the expiration of the

120-day period beginning on the date on which the Secretary received the proposed amendment, that the proposed

amendment is not in compliance with this chapter.

‘‘(B) DISAPPROVAL.—The Secretary shall not finally disapprove the proposed amendment, except after giving the

State educational agency notice and an opportunity for

a hearing.

‘‘(C) NOTIFICATION.—If the Secretary finds that the

proposed amendment is not in compliance, in whole or

in part, with this chapter, the Secretary shall—

‘‘(i) give the State educational agency notice and

an opportunity for a hearing; and

‘‘(ii) notify the State educational agency of the

finding of noncompliance and, in such notification,

shall—

‘‘(I) cite the specific provisions in the proposed

amendment that are not in compliance; and

‘‘(II) request additional information, only as

to the noncompliant provisions, needed to make

the proposed amendment compliant.

‘‘(D) RESPONSE.—If the State educational agency

responds to the Secretary’s notification described in

subparagraph (C)(ii) during the 45-day period beginning

on the date on which the agency received the notification,

and resubmits the proposed amendment with the requested

information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such proposed amendment prior to the later of—

‘‘(i) the expiration of the 45-day period beginning

on the date on which the proposed amendment is resubmitted; or

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1883

‘‘(ii) the expiration of the 120-day period described

in subparagraph (A).

‘‘(E) FAILURE TO RESPOND.—If the State educational

agency does not respond to the Secretary’s notification

described in subparagraph (C)(ii) during the 45-day period

beginning on the date on which the agency received the

notification, such proposed amendment shall be deemed

to be disapproved.

‘‘(3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM

GRANT OF AUTHORITY.—Beginning on the effective date of an

amendment executed under paragraph (1)(A), each program

requirement of each program removed from the scope of a

grant of authority shall apply to the use of funds made available

under the program by the State educational agency and each

local educational agency with which the State educational

agency has a performance agreement.

‘‘SEC. 6142. CONSOLIDATION AND USE OF FUNDS.

‘‘(a) IN GENERAL.— ‘‘(1) AUTHORITY.—Under a grant of flexibility authority

made under this chapter, a State educational agency may

consolidate Federal funds described in subsection (b) and made

available to the agency, and use such funds for any educational

purpose authorized under this Act. ‘‘(2) PROGRAM REQUIREMENTS.—Except as otherwise provided in this chapter, a State educational agency may use

funds under paragraph (1) notwithstanding the program

requirements of the program under which the funds were made

available to the State.

‘‘(b) ELIGIBLE FUNDS AND PROGRAMS.— ‘‘(1) FUNDS.—The funds described in this subsection are

funds, for State-level activities and State administration, that

are described in the following provisions: ‘‘(A) Section 1004.

‘‘(B) Paragraphs (4) and (5) of section 1202(d).

‘‘(C) Section 2113(a)(3).

‘‘(D) Section 2412(a)(1).

‘‘(E) Subsections (a) (with the agreement of the Governor), (b)(2), and (c)(1) of section 4112. ‘‘(F) Paragraphs (2) and (3) of section 4202(c).

‘‘(G) Section 5112(b). ‘‘(2) PROGRAMS.—The programs described in this subsection

are the programs authorized to be carried out with funds

described in paragraph (1).

‘‘(c) SPECIAL RULE.—A State educational agency that receives

a grant of flexibility authority under this chapter— ‘‘(1) shall ensure that the funds described in section 5112(a)

are allocated to local educational agencies in the State in

accordance with section 5112(a); but

‘‘(2) may specify how the local educational agencies shall

use the allocated funds.

‘‘SEC. 6143. PERFORMANCE REVIEW AND PENALTIES.

‘‘(a) MIDTERM REVIEW.—

‘‘(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If,

during the term of a grant of flexibility authority under this

chapter, a State educational agency fails to make adequate

yearly progress for 2 consecutive years, the Secretary shall,

20 USC 7315b.

20 USC 7315a.

115 STAT. 1884 PUBLIC LAW 107–110—JAN. 8, 2002

after providing notice and an opportunity for a hearing, terminate the grant of authority promptly. ‘‘(2) NONCOMPLIANCE.—The Secretary may, after providing

notice and an opportunity for a hearing (including the opportunity to provide evidence as described in paragraph (3)), terminate a grant of flexibility authority for a State if there is

evidence that the State educational agency involved has failed

to comply with the terms of the grant of authority. ‘‘(3) EVIDENCE.—If a State educational agency believes that

a determination of the Secretary under this subsection is in

error for statistical or other substantive reasons, the State

educational agency may provide supporting evidence to the

Secretary, and the Secretary shall consider that evidence before

making a final termination determination under this subsection.

‘‘(b) FINAL REVIEW.— ‘‘(1) IN GENERAL.—If, at the end of the 5-year term of

a grant of flexibility authority made under this chapter, the

State educational agency has not met the requirements

described in section 6141(c), the Secretary may not renew the

grant of flexibility authority under section 6144.

‘‘(2) COMPLIANCE.—Beginning on the date on which such

term ends, the State educational agency, and the local educational agencies with which the State educational agency has

entered into performance agreements, shall be required to

comply with each of the program requirements in effect on

such date for each program that was included in the grant

of authority.

‘‘SEC. 6144. RENEWAL OF GRANT OF FLEXIBILITY AUTHORITY.

‘‘(a) IN GENERAL.—Except as provided in section 6143 and

in accordance with this section, if a State educational agency has

met, by the end of the original 5-year term of a grant of flexibility

authority under this chapter, the requirements described in section

6141(c), the Secretary shall renew a grant of flexibility authority

for one additional 5-year term.

‘‘(b) RENEWAL.—The Secretary may not renew a grant of flexibility authority under this chapter unless, not later than 6 months

before the end of the original term of the grant of authority, the

State educational agency seeking the renewal notifies the Secretary,

and the local educational agencies with which the State educational

agency has entered into performance agreements, of the agency’s

intention to renew the grant of authority.

‘‘(c) EFFECTIVE DATE.—A renewal under this section shall be

effective on the later of— ‘‘(1) the expiration of the original term of the grant of

authority; or ‘‘(2) the date on which the State educational agency seeking

the renewal provides to the Secretary all data required for

the application described in section 6141(c).

‘‘CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION

‘‘SEC. 6151. LOCAL FLEXIBILITY DEMONSTRATION AGREEMENTS.

‘‘(a) AUTHORITY.—Except as otherwise provided in this chapter,

the Secretary shall, on a competitive basis, enter into local flexibility

demonstration agreements—

20 USC 7321.

20 USC 7315c.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1885

‘‘(1) with local educational agencies that submit approvable

proposed agreements under subsection (c) and that are selected

under subsection (b); and ‘‘(2) under which those agencies may consolidate and use

funds in accordance with section 6152.

‘‘(b) SELECTION OF LOCAL EDUCATIONAL AGENCIES.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary

shall enter into local flexibility demonstration agreements

under this chapter with not more than 80 local educational

agencies. Each local educational agency shall be selected on

a competitive basis from among those local educational agencies

that— ‘‘(A) submit a proposed local flexibility demonstration

agreement under subsection (c) to the Secretary and demonstrate, to the satisfaction of the Secretary, that the

agreement—

‘‘(i) has a substantial promise of assisting the local

educational agency in meeting the State’s definition

of adequate yearly progress, advancing the education

priorities of the local educational agency, meeting the

general purposes of the programs included under this

chapter and the purposes of this part, improving student achievement, and narrowing achievement gaps

in accordance with section 1111(b); ‘‘(ii) meets the requirements of this chapter; and

‘‘(iii) contains a plan to consolidate and use funds

in accordance with section 6152 in order to meet the

State’s definition of adequate yearly progress and the

local educational agency’s specific, measurable goals

for improving student achievement and narrowing

achievement gaps; and

‘‘(B) have consulted and involved parents and other

educators in the development of the proposed local flexibility demonstration agreement.

‘‘(2) GEOGRAPHIC DISTRIBUTION.— ‘‘(A) INITIAL AGREEMENTS.—The Secretary may enter

into not more than three local flexibility demonstration

agreements under this chapter with local educational agencies in each State that does not have a grant of flexibility

authority under chapter A.

‘‘(B) URBAN AND RURAL AREAS.—If more than three

local educational agencies in a State submit approvable

local flexibility demonstration agreements under this

chapter, the Secretary shall select local educational agencies with which to enter into such agreements in a manner

that ensures an equitable distribution among such agencies

serving urban and rural areas.

‘‘(C) PRIORITY OF STATES TO ENTER INTO STATE FLEXIBILITY DEMONSTRATION AGREEMENTS.—Notwithstanding

any other provision of this part, a local educational agency

may not seek to enter into a local flexibility demonstration

agreement under this chapter if that agency is located

in a State for which the State educational agency—

‘‘(i) has, not later than 4 months after the date

of enactment of the No Child Left Behind Act of 2001,

notified the Secretary of its intent to apply for a grant

of flexibility authority under chapter A and, within

115 STAT. 1886 PUBLIC LAW 107–110—JAN. 8, 2002

such period of time as the Secretary may establish,

is provided with such authority by the Secretary; or ‘‘(ii) has, at any time after such period, been

granted flexibility authority under chapter A.

‘‘(c) REQUIRED TERMS OF LOCAL FLEXIBILITY DEMONSTRATION

AGREEMENT.—Each local flexibility demonstration agreement

entered into with the Secretary under this chapter shall contain

each of the following terms: ‘‘(1) DURATION.—The local flexibility demonstration agreement shall be for a term of 5 years. ‘‘(2) APPLICATION OF PROGRAM REQUIREMENTS.—The local

flexibility demonstration agreement shall provide that no

requirements of any program described in section 6152 and

included by a local educational agency in the scope of its agreement shall apply to that agency, except as otherwise provided

in this chapter. ‘‘(3) LIST OF PROGRAMS.—The local flexibility demonstration

agreement shall list which of the programs described in section

6152 are included in the scope of the agreement.

‘‘(4) USE OF FUNDS TO IMPROVE STUDENT ACHIEVEMENT.—

The local flexibility demonstration agreement shall contain a

5-year plan describing how the local educational agency intends

to consolidate and use the funds from programs included in

the scope of the agreement for any educational purpose authorized under this Act to advance the education priorities of the

local educational agency, meet the general purposes of the

included programs, improve student achievement, and narrow

achievement gaps in accordance with section 1111(b).

‘‘(5) LOCAL INPUT.—The local flexibility demonstration

agreement shall contain an assurance that the local educational

agency will provide parents, teachers, and representatives of

schools with notice and an opportunity to comment on the

proposed terms of the local flexibility demonstration agreement.

‘‘(6) FISCAL RESPONSIBILITIES.—The local flexibility demonstration agreement shall contain an assurance that the local

educational agency will use fiscal control and fund accounting

procedures that will ensure proper disbursement of, and

accounting for, Federal funds consolidated and used under the

agreement.

‘‘(7) CIVIL RIGHTS.—The local flexibility demonstration

agreement shall contain an assurance that the local educational

agency will meet the requirements of all applicable Federal

civil rights laws in carrying out the agreement and in consolidating and using the funds under the agreement.

‘‘(8) PRIVATE SCHOOL PARTICIPATION.—The local flexibility

demonstration agreement shall contain an assurance that the

local educational agency agrees that in consolidating and using

funds under the agreement—

‘‘(A) the local educational agency, will provide for the

equitable participation of students and professional staff

in private schools consistent with section 9501; and ‘‘(B) that sections 9502, 9503, and 9504 shall apply

to all services and assistance provided with such funds

in the same manner as such sections apply to services

and assistance provided in accordance with section 9501.

‘‘(9) SUPPLANTING.—The local flexibility demonstration

agreement shall contain an assurance that the local educational

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1887

agency will, for the duration of the grant of authority, use

funds consolidated under section 6152 only to supplement the

amount of funds that would, in the absence of those Federal

funds, be made available from non-Federal sources for the

education of students participating in programs assisted with

the consolidated funds, and not to supplant those funds.

‘‘(10) ANNUAL REPORTS.—The local flexibility demonstration

agreement shall contain an assurance that the local educational

agency shall, not later than 1 year after the date on which

the Secretary enters into the agreement, and annually thereafter during the term of the agreement, disseminate widely

to parents and the general public, transmit to the Secretary,

and the State educational agency for the State in which the

local educational agency is located, distribute to print and

broadcast media, and post on the Internet, a report that

includes a detailed description of how the local educational

agency used the funds consolidated under the agreement to

improve student academic achievement and reduce achievement

gaps.

‘‘(d) PEER REVIEW.—The Secretary shall—

‘‘(1) establish a peer review process to assist in the review

of proposed local flexibility demonstration agreements under

this chapter; and

‘‘(2) appoint individuals to the peer review process who

are representative of parents, teachers, State educational agencies, and local educational agencies, and who are familiar with

educational standards, assessments, accountability, curriculum,

instruction and staff development, and other diverse educational needs of students.

‘‘(e) AMENDMENT TO PERFORMANCE AGREEMENT.—

‘‘(1) IN GENERAL.—In each of the following circumstances,

the Secretary shall amend a local flexibility demonstration

agreement entered into with a local educational agency under

this chapter:

‘‘(A) REDUCTION IN SCOPE OF LOCAL FLEXIBILITY DEM- ONSTRATION AGREEMENT.—Not later than 1 year after

entering into a local flexibility demonstration agreement,

the local educational agency seeks to amend the agreement

to remove from the scope any program described in section

6152.

‘‘(B) EXPANSION OF SCOPE OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.—Not later than 1 year after

entering into the local flexibility demonstration agreement,

a local educational agency seeks to amend the agreement

to include in its scope any additional program described

in section 6251 or any additional achievement indicators

for which the local educational agency will be held accountable.

‘‘(2) APPROVAL AND DISAPPROVAL.—

‘‘(A) DEEMED APPROVAL.—A proposed amendment to

a local flexibility demonstration agreement pursuant to

paragraph (1) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination,

prior to the expiration of the 120-day period beginning

on the date on which the Secretary received the proposed

amendment, that the proposed amendment is not in compliance with this chapter.

Deadline.

Deadline.

115 STAT. 1888 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) DISAPPROVAL.—The Secretary shall not finally disapprove the proposed amendment, except after giving the

local educational agency notice and an opportunity for a

hearing.

‘‘(C) NOTIFICATION.—If the Secretary finds that the

proposed amendment is not in compliance, in whole or

in part, with this chapter, the Secretary shall—

‘‘(i) give the local educational agency notice and

an opportunity for a hearing; and

‘‘(ii) notify the local educational agency of the

finding of noncompliance and, in such notification,

shall—

‘‘(I) cite the specific provisions in the proposed

amendment that are not in compliance; and

‘‘(II) request additional information, only as

to the noncompliant provisions, needed to make

the proposed amendment compliant.

‘‘(D) RESPONSE.—If the local educational agency

responds to the Secretary’s notification described in

subparagraph (C)(ii) during the 45-day period beginning

on the date on which the agency received the notification,

and resubmits the proposed amendment with the requested

information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such proposed amendment prior to the later of—

‘‘(i) the expiration of the 45-day period beginning

on the date on which the proposed amendment is resubmitted; or

‘‘(ii) the expiration of the 120-day period described

in subparagraph (A).

‘‘(E) FAILURE TO RESPOND.—If the local educational

agency does not respond to the Secretary’s notification

described in subparagraph (C)(ii) during the 45-day period

beginning on the date on which the agency received the

notification, such proposed amendment shall be deemed

to be disapproved.

‘‘(3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM

AGREEMENT.—Beginning on the effective date of an amendment

executed under paragraph (1)(A), each program requirement

of each program removed from the scope of a local flexibility

demonstration agreement shall apply to the use of funds made

available under the program by the local educational agency.

‘‘SEC. 6152. CONSOLIDATION AND USE OF FUNDS.

‘‘(a) IN GENERAL.—

‘‘(1) AUTHORITY.—Under a local flexibility demonstration

agreement entered into under this chapter, a local educational

agency may consolidate Federal funds made available to the

agency under the provisions listed in subsection (b) and use

such funds for any educational purpose permitted under this

Act.

‘‘(2) PROGRAM REQUIREMENTS.—Except as otherwise provided in this chapter, a local educational agency may use funds

under paragraph (1) notwithstanding the program requirements

of the program under which the funds were made available

to the agency.

20 USC 7321a.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1889

‘‘(b) ELIGIBLE PROGRAMS.—Program funds made available to

local educational agencies on the basis of a formula under the

following provisions may be consolidated and used under subsection

(a):

‘‘(1) Subpart 2 of part A of title II.

‘‘(2) Subpart 1 of part D of title II.

‘‘(3) Subpart 1 of part A of title IV.

‘‘(4) Subpart 1 of part A of title V.

‘‘SEC. 6153. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.

‘‘Each local educational agency that has entered into a local

flexibility demonstration agreement with the Secretary under this

chapter may use for administrative purposes not more than 4

percent of the total amount of funds allocated to the agency under

the programs included in the scope of the agreement.

‘‘SEC. 6154. PERFORMANCE REVIEW AND PENALTIES.

‘‘(a) MIDTERM REVIEW.—

‘‘(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If,

during the term of a local flexibility demonstration agreement,

a local educational agency fails to make adequate yearly

progress for 2 consecutive years, the Secretary shall, after

notice and opportunity for a hearing, promptly terminate the

agreement.

‘‘(2) NONCOMPLIANCE.—The Secretary may, after providing

notice and an opportunity for a hearing (including the opportunity to provide information as provided for in paragraph

(3)), terminate a local flexibility demonstration agreement

under this chapter if there is evidence that the local educational

agency has failed to comply with the terms of the agreement.

‘‘(3) EVIDENCE.—If a local educational agency believes that

the Secretary’s determination under this subsection is in error

for statistical or other substantive reasons, the local educational

agency may provide supporting evidence to the Secretary, and

the Secretary shall consider that evidence before making a

final early termination determination.

‘‘(b) FINAL REVIEW.—If, at the end of the 5-year term of a

local flexibility demonstration agreement entered into under this

chapter, the local educational agency has not met the requirements

described in section 6151(c), the Secretary may not renew the

agreement under section 6155 and, beginning on the date on which

such term ends, the local educational agency shall be required

to comply with each of the program requirements in effect on

such date for each program included in the local flexibility demonstration agreement.

‘‘SEC. 6155. RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION

AGREEMENT.

‘‘(a) IN GENERAL.—Except as provided in section 6154 and

in accordance with this section, the Secretary shall renew for one

additional 5-year term a local flexibility demonstration agreement

entered into under this chapter if the local educational agency

has met, by the end of the original term of the agreement, the

requirements described in section 6151(c).

‘‘(b) NOTIFICATION.—The Secretary may not renew a local flexibility demonstration agreement under this chapter unless, not less

than 6 months before the end of the original term of the agreement,

20 USC 7321d.

20 USC 7321c.

20 USC 7321b.

115 STAT. 1890 PUBLIC LAW 107–110—JAN. 8, 2002

the local educational agency seeking the renewal notifies the Secretary of its intention to renew. ‘‘(c) EFFECTIVE DATE.—A renewal under this section shall be

effective at the end of the original term of the agreement or on

the date on which the local educational agency seeking renewal

provides to the Secretary all data required under the agreement,

whichever is later.

‘‘SEC. 6156. REPORTS.

‘‘(a) TRANSMITTAL TO CONGRESS.—Not later than 60 days after

the Secretary receives a report described in section 6151(b)(10),

the Secretary shall make the report available to the Committee

on Education and the Workforce of the House of Representatives

and the Committee on Health, Education, Labor, and Pensions

of the Senate. ‘‘(b) LIMITATION.—A State in which a local educational agency

that has a local flexibility demonstration agreement is located may

not require such local educational agency to provide any application

information with respect to the programs included within the scope

of that agreement other than that information that is required

to be included in the report described in section 6151(b)(10).

‘‘Subpart 4—State Accountability for Adequate

Yearly Progress

‘‘SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.

‘‘In the case of a State educational agency that has a plan

approved under subpart 1 of part A of title I after the date of

enactment of the No Child Left Behind Act of 2001, and has

a plan approved under subpart 1 of part A of title III of such

Act after such date of enactment, the Secretary shall annually,

starting with the beginning of the first school year following the

first two school years for which such plans were implemented,

review whether the State has—

‘‘(1) made adequate yearly progress, as defined in section

1111(b)(2)(B), for each of the groups of students described in

section 1111(b)(2)(C)(v); and

‘‘(2) met its annual measurable achievement objectives

under section 3122(a).

‘‘SEC. 6162. PEER REVIEW.

‘‘The Secretary shall use a peer review process to review, based

on data from the State assessments administered under section

1111(b)(3) and on data from the evaluations conducted under section

3121, whether the State has failed to make adequate yearly progress

for 2 consecutive years or whether the State has met its annual

measurable achievement objectives.

‘‘SEC. 6163. TECHNICAL ASSISTANCE.

‘‘(a) PROVISION OF ASSISTANCE.—

‘‘(1) ADEQUATE YEARLY PROGRESS.—Based on the review

described in section 6161(1), the Secretary shall provide technical assistance to a State that has failed to make adequate

yearly progress, as defined in section 1111(b)(2), for 2 consecutive years. The Secretary shall provide such assistance not

later than the beginning of the first school year that begins

after such determination is made.

20 USC 7325b.

20 USC 7325a.

20 USC 7325.

20 USC 7321e.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1891

‘‘(2) ANNUAL MEASURABLE ACHIEVEMENT OBJECTIVES.— Based on the reviews described in section 6161(2), the Secretary

may provide technical assistance to a State that has failed

to meet its annual measurable achievement objectives under

section 3122(a) for 2 consecutive years. The Secretary shall

provide such assistance not later than the beginning of the

first school year that begins after such determination is made.

‘‘(b) CHARACTERISTICS.—The technical assistance described in

subsection (a) shall— ‘‘(1) be valid, reliable and rigorous; and

‘‘(2) provide constructive feedback to help the State make

adequate yearly progress, as defined in section 1111(b)(2), or

meet the annual measurable achievement objectives under section 3122(a).

‘‘SEC. 6164. REPORT TO CONGRESS.

‘‘Beginning with the school year that begins in 2005, the Secretary shall submit an annual report to the Committee on Education

and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate

containing the following: ‘‘(1) A list of each State that has not made adequate yearly

progress based on the review conducted under section 6161(1). ‘‘(2) A list of each State that has not met its annual measurable achievement objectives based on the review conducted

under section 6161(2). ‘‘(3) The information reported by the State to the Secretary

pursuant to section 1119(a). ‘‘(4) A description of any technical assistance provided

pursuant to section 6163.

‘‘PART B—RURAL EDUCATION INITIATIVE

‘‘SEC. 6201. SHORT TITLE.

‘‘This part may be cited as the ‘Rural Education Achievement

Program’.

‘‘SEC. 6202. PURPOSE.

‘‘It is the purpose of this part to address the unique needs

of rural school districts that frequently—

‘‘(1) lack the personnel and resources needed to compete

effectively for Federal competitive grants; and

‘‘(2) receive formula grant allocations in amounts too small

to be effective in meeting their intended purposes.

‘‘Subpart 1—Small, Rural School Achievement

Program

‘‘SEC. 6211. USE OF APPLICABLE FUNDING.

‘‘(a) ALTERNATIVE USES.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of

law, an eligible local educational agency may use the applicable

funding that the agency is eligible to receive from the State

educational agency for a fiscal year to carry out local activities

authorized under any of the following provisions:

‘‘(A) Part A of title I.

‘‘(B) Part A or D of title II.

20 USC 7345.

20 USC 7341a.

20 USC 7341.

Rural Education

Achievement

Program.

20 USC 7325c.

115 STAT. 1892 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(C) Title III.

‘‘(D) Part A or B of title IV.

‘‘(E) Part A of title V. ‘‘(2) NOTIFICATION.—An eligible local educational agency

shall notify the State educational agency of the local educational

agency’s intention to use the applicable funding in accordance

with paragraph (1), by a date that is established by the State

educational agency for the notification.

‘‘(b) ELIGIBILITY.— ‘‘(1) IN GENERAL.—A local educational agency shall be

eligible to use the applicable funding in accordance with subsection (a) if— ‘‘(A)(i)(I) the total number of students in average daily

attendance at all of the schools served by the local educational agency is fewer than 600; or ‘‘(II) each county in which a school served by the local

educational agency is located has a total population density

of fewer than 10 persons per square mile; and ‘‘(ii) all of the schools served by the local educational

agency are designated with a school locale code of 7 or

8, as determined by the Secretary; or ‘‘(B) the agency meets the criteria established in

subparagraph (A)(i) and the Secretary, in accordance with

paragraph (2), grants the local educational agency’s request

to waive the criteria described in subparagraph (A)(ii).

‘‘(2) CERTIFICATION.—The Secretary shall determine

whether to waive the criteria described in paragraph (1)(A)(ii)

based on a demonstration by the local educational agency,

and concurrence by the State educational agency, that the

local educational agency is located in an area defined as rural

by a governmental agency of the State.

‘‘(c) APPLICABLE FUNDING DEFINED.—In this section, the term

‘applicable funding’ means funds provided under any of the following

provisions:

‘‘(1) Subpart 2 and section 2412(a)(2)(A) of title II.

‘‘(2) Section 4114.

‘‘(3) Part A of title V.

‘‘(d) DISBURSEMENT.—Each State educational agency that

receives applicable funding for a fiscal year shall disburse the

applicable funding to local educational agencies for alternative uses

under this section for the fiscal year at the same time as the

State educational agency disburses the applicable funding to local

educational agencies that do not intend to use the applicable

funding for such alternative uses for the fiscal year.

‘‘(e) APPLICABLE RULES.—Applicable funding under this section

shall be available to carry out local activities authorized under

subsection (a).

‘‘SEC. 6212. GRANT PROGRAM AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary is authorized to award grants

to eligible local educational agencies to enable the local educational

agencies to carry out activities authorized under any of the following

provisions:

‘‘(1) Part A of title I.

‘‘(2) Part A or D of title II.

‘‘(3) Title III.

‘‘(4) Part A or B of title IV.

20 USC 7345a.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1893

‘‘(5) Part A of title V. ‘‘(b) ALLOCATION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (3),

the Secretary shall award a grant under subsection (a) to

a local educational agency eligible under section 6211(b) for

a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total

amount received by the agency under the provisions of law

described in section 6211(c) for the preceding fiscal year. ‘‘(2) DETERMINATION OF INITIAL AMOUNT.—The initial

amount referred to in paragraph (1) is equal to $100 multiplied

by the total number of students in excess of 50 students,

in average daily attendance at the schools served by the local

educational agency, plus $20,000, except that the initial amount

may not exceed $60,000. ‘‘(3) RATABLE ADJUSTMENT.— ‘‘(A) IN GENERAL.—If the amount made available to

carry out this section for any fiscal year is not sufficient

to pay in full the amounts that local educational agencies

are eligible to receive under paragraph (1) for such year,

the Secretary shall ratably reduce such amounts for such

year.

‘‘(B) ADDITIONAL AMOUNTS.—If additional funds become

available for making payments under paragraph (1) for

such fiscal year, payments that were reduced under

subparagraph (A) shall be increased on the same basis

as such payments were reduced.

‘‘(c) DISBURSEMENT.—The Secretary shall disburse the funds

awarded to a local educational agency under this section for a

fiscal year not later than July 1 of that fiscal year.

‘‘(d) SPECIAL ELIGIBILITY RULE.—A local educational agency

that is eligible to receive a grant under this subpart for a fiscal

year is not eligible to receive funds for such fiscal year under

subpart 2.

‘‘SEC. 6213. ACCOUNTABILITY.

‘‘(a) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local educational agency that uses or receives funds under this subpart

for a fiscal year shall administer an assessment that is consistent

with section 1111(b)(3).

‘‘(b) DETERMINATION REGARDING CONTINUING PARTICIPATION.—

Each State educational agency that receives funding under the

provisions of law described in section 6211(c) shall—

‘‘(1) after the third year that a local educational agency

in the State participates in a program under this subpart

and on the basis of the results of the assessments described

in subsection (a), determine whether the local educational

agency participating in the program made adequate yearly

progress, as described in section 1111(b)(2);

‘‘(2) permit only those local educational agencies that

participated and made adequate yearly progress, as described

in section 1111(b)(2), to continue to participate; and

‘‘(3) permit those local educational agencies that participated and failed to make adequate yearly progress, as described

in section 1111(b)(2), to continue to participate only if such

local educational agencies use applicable funding under this

subpart to carry out the requirements of section 1116.

20 USC 7345b.

115 STAT. 1894 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘Subpart 2—Rural and Low-Income School

Program

‘‘SEC. 6221. PROGRAM AUTHORIZED.

‘‘(a) GRANTS TO STATES.—

‘‘(1) IN GENERAL.—From amounts appropriated under section 6234 for this subpart for a fiscal year that are not reserved

under subsection (c), the Secretary shall award grants (from

allotments made under paragraph (2)) for the fiscal year to

State educational agencies that have applications submitted

under section 6223 approved to enable the State educational

agencies to award grants to eligible local educational agencies

for local authorized activities described in section 6222(a).

‘‘(2) ALLOTMENT.—From amounts described in paragraph

(1) for a fiscal year, the Secretary shall allot to each State

educational agency for that fiscal year an amount that bears

the same ratio to those amounts as the number of students

in average daily attendance served by eligible local educational

agencies in the State for that fiscal year bears to the number

of all such students served by eligible local educational agencies

in all States for that fiscal year.

‘‘(3) SPECIALLY QUALIFIED AGENCIES.—

‘‘(A) ELIGIBILITY AND APPLICATION.—If a State educational agency elects not to participate in the program

under this subpart or does not have an application submitted under section 6223 approved, a specially qualified

agency in such State desiring a grant under this subpart

may submit an application under such section directly to

the Secretary to receive an award under this subpart.

‘‘(B) DIRECT AWARDS.—The Secretary may award, on

a competitive basis or by formula, the amount the State

educational agency is eligible to receive under paragraph

(2) directly to a specially qualified agency in the State

that has submitted an application in accordance with

subparagraph (A) and obtained approval of the application.

‘‘(C) SPECIALLY QUALIFIED AGENCY DEFINED.—In this

subpart, the term ‘specially qualified agency’ means an

eligible local educational agency served by a State educational agency that does not participate in a program

under this subpart in a fiscal year, that may apply directly

to the Secretary for a grant in such year under this subsection.

‘‘(b) LOCAL AWARDS.—

‘‘(1) ELIGIBILITY.—A local educational agency shall be

eligible to receive a grant under this subpart if—

‘‘(A) 20 percent or more of the children ages 5 through

17 years served by the local educational agency are from

families with incomes below the poverty line; and

‘‘(B) all of the schools served by the agency are designated with a school locale code of 6, 7, or 8, as determined

by the Secretary.

‘‘(2) AWARD BASIS.—A State educational agency shall award

grants to eligible local educational agencies—

‘‘(A) on a competitive basis;

20 USC 7351.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1895

‘‘(B) according to a formula based on the number of

students in average daily attendance served by the eligible

local educational agencies or schools in the State; or ‘‘(C) according to an alternative formula, if, prior to

awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the

alternative formula enables the State educational agency

to allot the grant funds in a manner that serves equal

or greater concentrations of children from families with

incomes below the poverty line, relative to the concentrations that would be served if the State educational agency

used the formula described in subparagraph (B). ‘‘(c) RESERVATIONS.—From amounts appropriated under section

6234 for this subpart for a fiscal year, the Secretary shall reserve— ‘‘(1) one-half of 1 percent to make awards to elementary

schools or secondary schools operated or supported by the

Bureau of Indian Affairs, to carry out the activities authorized

under this subpart; and ‘‘(2) one-half of 1 percent to make awards to the outlying

areas in accordance with their respective needs, to carry out

the activities authorized under this subpart.

‘‘SEC. 6222. USES OF FUNDS.

‘‘(a) LOCAL AWARDS.—Grant funds awarded to local educational

agencies under this subpart shall be used for any of the following: ‘‘(1) Teacher recruitment and retention, including the use

of signing bonuses and other financial incentives. ‘‘(2) Teacher professional development, including programs

that train teachers to utilize technology to improve teaching

and to train special needs teachers. ‘‘(3) Educational technology, including software and hardware, as described in part D of title II. ‘‘(4) Parental involvement activities.

‘‘(5) Activities authorized under the Safe and Drug-Free

Schools program under part A of title IV. ‘‘(6) Activities authorized under part A of title I.

‘‘(7) Activities authorized under title III. ‘‘(b) ADMINISTRATIVE COSTS.—A State educational agency

receiving a grant under this subpart may not use more than 5

percent of the amount of the grant for State administrative costs

and to provide technical assistance to eligible local educational

agencies.

‘‘SEC. 6223. APPLICATIONS.

‘‘(a) IN GENERAL.—Each State educational agency or specially

qualified agency desiring to receive a grant under this subpart

shall submit an application to the Secretary at such time, in such

manner, and accompanied by such information as the Secretary

may require.

‘‘(b) CONTENTS.—At a minimum, each application submitted

under subsection (a) shall include information on specific measurable goals and objectives to be achieved through the activities

carried out through the grant, which may include specific educational goals and objectives relating to—

‘‘(1) increased student academic achievement;

‘‘(2) decreased student dropout rates; or

‘‘(3) such other factors as the State educational agency

or specially qualified agency may choose to measure.

20 USC 7351b.

20 USC 7351a.

115 STAT. 1896 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 6224. ACCOUNTABILITY.

‘‘(a) STATE REPORT.—Each State educational agency that

receives a grant under this subpart shall prepare and submit an

annual report to the Secretary. The report shall describe— ‘‘(1) the method the State educational agency used to award

grants to eligible local educational agencies, and to provide

assistance to schools, under this subpart; ‘‘(2) how local educational agencies and schools used funds

provided under this subpart; and ‘‘(3) the degree to which progress has been made toward

meeting the goals and objectives described in the application

submitted under section 6223.

‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—Each specially

qualified agency that receives a grant under this subpart shall

provide an annual report to the Secretary. Such report shall

describe—

‘‘(1) how such agency uses funds provided under this subpart; and ‘‘(2) the degree to which progress has been made toward

meeting the goals and objectives described in the application

submitted under section 6223.

‘‘(c) REPORT TO CONGRESS.—The Secretary shall prepare and

submit to the Committee on Education and the Workforce of the

House of Representatives and the Committee on Health, Education,

Labor, and Pensions of the Senate a biennial report. The report

shall describe—

‘‘(1) the methods the State educational agencies used to

award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;

local educational agencies and schools used funds provided

under this subpart; and

‘‘(3) the degree to which progress has been made toward

meeting the goals and objectives described in the applications

submitted under section 6223.

‘‘(d) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local educational agency or specially qualified agency that receives a grant

under this subpart for a fiscal year shall administer an assessment

that is consistent with section 1111(b)(3).

‘‘(e) DETERMINATION REGARDING CONTINUING PARTICIPATION.—

Each State educational agency or specially qualified agency that

receives a grant under this subpart shall—

‘‘(1) after the third year that a local educational agency

or specially qualified agency in the State receives funds under

this subpart, and on the basis of the results of the assessments

described in subsection (d)—

‘‘(A) in the case of a local educational agency, determine

whether the local educational agency made adequate yearly

progress, as described in section 1111(b)(2); and

‘‘(B) in the case of a specially qualified agency, submit

to the Secretary information that would allow the Secretary

to determine whether the specially qualified agency has

made adequate yearly progress, as described in section

1111(b)(2);

‘‘(2) permit only those local educational agencies or specially

qualified agencies that made adequate yearly progress, as

described in section 1111(b)(2), to continue to receive grants

under this subpart; and

20 USC 7351c.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1897

‘‘(3) permit those local educational agencies or specially

qualified agencies that failed to make adequate yearly progress,

as described in section 1111(b)(2), to continue to receive such

grants only if the State educational agency disbursed such

grants to the local educational agencies or specially qualified

agencies to carry out the requirements of section 1116.

‘‘Subpart 3—General Provisions

‘‘SEC. 6231. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.

‘‘(a) CENSUS DETERMINATION.—Each local educational agency

desiring a grant under section 6212 and each local educational

agency or specially qualified agency desiring a grant under subpart

2 shall—

‘‘(1) not later than December 1 of each year, conduct a

census to determine the number of students in average daily

attendance in kindergarten through grade 12 at the schools

served by the agency; and ‘‘(2) not later than March 1 of each year, submit the number

described in paragraph (1) to the Secretary (and to the State

educational agency, in the case of a local educational agency

seeking a grant under subpart (2)).

‘‘(b) PENALTY.—If the Secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection (a) for the purpose of

gaining additional funds under section 6212 or subpart 2, then

the agency shall be fined an amount equal to twice the difference

between the amount the agency received under this section and

the correct amount the agency would have received under section

6212 or subpart 2 if the agency had submitted accurate information

under subsection (a).

‘‘SEC. 6232. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available under subpart 1 or subpart 2 shall

be used to supplement, and not supplant, any other Federal, State,

or local education funds.

‘‘SEC. 6233. RULE OF CONSTRUCTION.

‘‘Nothing in this part shall be construed to prohibit a local

educational agency that enters into cooperative arrangements with

other local educational agencies for the provision of special, compensatory, or other education services, pursuant to State law or a

written agreement, from entering into similar arrangements for

the use, or the coordination of the use, of the funds made available

under this part.

‘‘SEC. 6234. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

part $300,000,000 for fiscal year 2002 and such sums as may

be necessary for each of the 5 succeeding fiscal years, to be distributed equally between subparts 1 and 2.

‘‘PART C—GENERAL PROVISIONS

‘‘SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION,

OR CONTROL.

‘‘Nothing in this title shall be construed to authorize an officer

or employee of the Federal Government to mandate, direct, or

20 USC 7371.

20 USC 7355c.

20 USC 7355b.

20 USC 7355a.

Deadlines.

20 USC 7355.

115 STAT. 1898 PUBLIC LAW 107–110—JAN. 8, 2002

control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments,

curriculum, or program of instruction, as a condition of eligibility

to receive funds under this Act.

‘‘SEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

‘‘Nothing in this title shall be construed to mandate equalized

spending per pupil for a State, local educational agency, or school.’’.

SEC. 602. AMENDMENT TO THE NATIONAL EDUCATION STATISTICS

ACT OF 1994.

(a) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—Section 411 of the National Education Statistics Act of 1994 (20 U.S.C.

9010) is amended to read as follows:

‘‘SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

‘‘(a) ESTABLISHMENT.—The Commissioner shall, with the advice

of the National Assessment Governing Board established under

section 412, and with the technical assistance of the Advisory

Council established under section 407, carry out, through grants,

contracts, or cooperative agreements with one or more qualified

organizations, or consortia thereof, a National Assessment of Educational Progress, which collectively refers to a national assessment,

State assessments, and a long-term trend assessment in reading

and mathematics.

‘‘(b) PURPOSE; STATE ASSESSMENTS.—

‘‘(1) PURPOSE.—The purpose of this section is to provide,

in a timely manner, a fair and accurate measurement of student

academic achievement and reporting trends in such achievement in reading, mathematics, and other subject matter as

specified in this section.

‘‘(2) MEASUREMENT AND REPORTING.—The Commissioner,

in carrying out the measurement and reporting described in

paragraph (1), shall—

‘‘(A) use a random sampling process which is consistent

with relevant, widely accepted professional assessment

standards and that produces data that are representative

on a national and regional basis;

‘‘(B) conduct a national assessment and collect and

report assessment data, including achievement data trends,

in a valid and reliable manner on student academic

achievement in public and private elementary schools and

secondary schools at least once every 2 years, in grades

4 and 8 in reading and mathematics;

‘‘(C) conduct a national assessment and collect and

report assessment data, including achievement data trends,

in a valid and reliable manner on student academic

achievement in public and private schools in reading and

mathematics in grade 12 in regularly scheduled intervals,

but at least as often as such assessments were conducted

prior to the date of enactment of the No Child Left Behind

Act of 2001;

‘‘(D) to the extent time and resources allow, and after

the requirements described in subparagraph (B) are implemented and the requirements described in subparagraph

(C) are met, conduct additional national assessments and

collect and report assessment data, including achievement

data trends, in a valid and reliable manner on student

20 USC 7372.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1899

academic achievement in grades 4, 8, and 12 in public

and private elementary schools and secondary schools in

regularly scheduled intervals in additional subject matter,

including writing, science, history, geography, civics,

economics, foreign languages, and arts, and the trend

assessment described in subparagraph (F);

‘‘(E) conduct the reading and mathematics assessments

described in subparagraph (B) in the same year, and every

other year thereafter, to provide for 1 year in which no

such assessments are conducted in between each administration of such assessments;

‘‘(F) continue to conduct the trend assessment of academic achievement at ages 9, 13, and 17 for the purpose

of maintaining data on long-term trends in reading and

mathematics;

‘‘(G) include information on special groups, including,

whenever feasible, information collected, cross tabulated,

compared, and reported by race, ethnicity, socioeconomic

status, gender, disability and limited English proficiency;

and

‘‘(H) ensure that achievement data are made available

on a timely basis following official reporting, in a manner

that facilitates further analysis and that includes trend

lines.

‘‘(3) STATE ASSESSMENTS.—

‘‘(A) IN GENERAL.—The Commissioner—

‘‘(i) shall conduct biennial State academic assessments of student achievement in reading and mathematics in grades 4 and 8 as described in paragraphs

(1)(B) and (1)(E);

‘‘(ii) may conduct the State academic assessments

of student achievement in reading and mathematics

in grade 12 as described in paragraph (1)(C);

‘‘(iii) may conduct State academic assessments of

student achievement in grades 4, 8, and 12 as described

in paragraph (1)(D); and

‘‘(iv) shall conduct each such State assessment,

in each subject area and at each grade level, on a

developmental basis until the Commissioner determines, as the result of an evaluation required by subsection (f), that such assessment produces high quality

data that are valid and reliable.

‘‘(B) AGREEMENT.—

‘‘(i) IN GENERAL.—States participating in State

assessments shall enter into an agreement with the

Secretary pursuant to subsection (d)(3).

‘‘(ii) CONTENT.—Such agreement shall contain

information sufficient to give States full information

about the process for decision-making (which shall

include the consensus process used), on objectives to

be tested, and the standards for random sampling,

test administration, test security, data collection,

validation, and reporting.

‘‘(C) REVIEW AND RELEASE.—

‘‘(i) IN GENERAL.—Except as provided in clause

(ii), a participating State shall review and give permission for the release of results from any test of its

115 STAT. 1900 PUBLIC LAW 107–110—JAN. 8, 2002

students administered as a part of a State assessment

prior to the release of such data. Refusal by a State

to release its data shall not restrict the release of

data from other States that have approved the release

of such data.

‘‘(ii) SPECIAL RULE.—A State participating in the

biennial academic assessments of student achievement

in reading and mathematics in grades 4 and 8 shall

be deemed to have given its permission to release

its data if the State has an approved plan under section

1111 of the Elementary and Secondary Education Act

of 1965. ‘‘(4) PROHIBITED ACTIVITIES.— ‘‘(A) IN GENERAL.—The use of assessment items and

data on any assessment authorized under this section by

an agent or agents of the Federal Government to rank,

compare, or otherwise evaluate individual students or

teachers, or to provide rewards or sanctions for individual

students, teachers, schools or local educational agencies

is prohibited. ‘‘(B) SPECIAL RULE.—Any assessment authorized under

this section shall not be used by an agent or agents of

the Federal Government to establish, require, or influence

the standards, assessments, curriculum, including lesson

plans, textbooks, or classroom materials, or instructional

practices of States or local educational agencies.

‘‘(C) APPLICABILITY TO STUDENT EDUCATIONAL

DECISIONS.—Nothing in this section shall be construed to

prescribe the use of any assessment authorized under this

section for student promotion or graduation purposes.

‘‘(D) APPLICABILITY TO HOME SCHOOLS.—Nothing in this

section shall be construed to affect home schools, whether

or not a home school is treated as a home school or a

private school under State law, nor shall any home schooled

student be required to participate in any assessment referenced or authorized under this section.

‘‘(5) REQUIREMENT.—In carrying out any assessment

authorized under this section, the Commissioner, in a manner

consistent with subsection (c)(2), shall—

‘‘(A) use widely accepted professional testing standards,

objectively measure academic achievement, knowledge, and

skills, and ensure that any academic assessment authorized

under this section be tests that do not evaluate or assess

personal or family beliefs and attitudes or publicly disclose

personally identifiable information;

‘‘(B) only collect information that is directly related

to the appraisal of academic achievement, and to the fair

and accurate presentation of such information; and

‘‘(C) collect information on race, ethnicity, socioeconomic status, disability, limited English proficiency, and

gender.

‘‘(6) TECHNICAL ASSISTANCE.—In carrying out any assessment authorized under this section, the Commissioner may

provide technical assistance to States, localities, and other parties.

‘‘(c) ACCESS.— ‘‘(1) PUBLIC ACCESS.—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1901

‘‘(A) IN GENERAL.—Except as provided in paragraph

(3), parents and members of the public shall have access

to all assessment data, questions, and complete and current

assessment instruments of any assessment authorized

under this section. The local educational agency shall make

reasonable efforts to inform parents and members of the

public about the access required under this paragraph.

‘‘(B) TIMELINE.—The access described in this paragraph

shall be provided within 45 days of the date the request

was made, in writing, and be made available in a secure

setting that is convenient to both parties. ‘‘(C) PROHIBITION.—To protect the integrity of the

assessment, no copy of the assessment items or assessment

instruments shall be duplicated or taken from the secure

setting.

‘‘(2) COMPLAINTS.— ‘‘(A) IN GENERAL.—Parents and members of the public

may submit written complaints to the National Assessment

Governing Board.

‘‘(B) FORWARDING OF COMPLAINTS.—The National

Assessment Governing Board shall forward such complaints to the Commissioner, the Secretary of Education,

and the State and local educational agency from within

which the complaint originated within 30 days of receipt

of such complaint.

‘‘(C) REVIEW.—The National Assessment Governing

Board, in consultation with the Commissioner, shall review

such complaint and determine whether revisions are necessary and appropriate. As determined by such review,

the Board shall revise, as necessary and appropriate, the

procedures or assessment items that have generated the

complaint and respond to the individual submitting the

complaint, with a copy of such response provided to the

Secretary, describing any action taken, not later than 30

days after so acting. ‘‘(D) REPORT.—The Secretary shall submit a summary

report of all complaints received pursuant to subparagraph

(A) and responses by the National Assessment Governing

Board pursuant to subparagraph (B) to the Chairman of

the House Committee on Education and the Workforce,

and the Chairman of the Senate Committee on Health,

Education, Labor, and Pensions.

‘‘(E) COGNITIVE QUESTIONS.—

‘‘(i) IN GENERAL.—The Commissioner may decline

to make available through public means, such as

posting on the Internet, distribution to the media, distribution through public agencies, or in response to

a request under section 552 of title 5, United States

Code, for a period, not to exceed 10 years after initial

use, cognitive questions that the Commissioner intends

to reuse in the future. ‘‘(ii) EXTENSION.—Notwithstanding clause (i), the

Commissioner may decline to make cognitive questions

available as described in clause (i) for a period longer

than 10 years if the Commissioner determines such

additional period is necessary to protect the security

and integrity of long-term trend data.

115 STAT. 1902 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(3) PERSONALLY IDENTIFIABLE INFORMATION.—

‘‘(A) IN GENERAL.—The Commissioner shall ensure that

all personally identifiable information about students, their

academic achievement, and their families, and that

information with respect to individual schools, remains confidential, in accordance with section 552a of title 5, United

States Code.

‘‘(B) PROHIBITION.—The National Board, the Commissioner, and any contractor or subcontractor shall not maintain any system of records containing a student’s name,

birth information, Social Security number, or parents’ name

or names, or any other personally identifiable information.

‘‘(4) PENALTIES.—Any unauthorized person who knowingly

discloses, publishes, or uses assessment questions, or complete

and current assessment instruments of any assessment authorized under this section may be fined as specified in section

3571 of title 18, United States Code or charged with a class

E felony.

‘‘(d) PARTICIPATION.—

‘‘(1) VOLUNTARY PARTICIPATION.—Participation in any

assessment authorized under this section shall be voluntary

for students, schools, and local educational agencies.

‘‘(2) STUDENT PARTICIPATION.—Parents of children selected

to participate in any assessment authorized under this section

shall be informed before the administration of any authorized

assessment, that their child may be excused from participation

for any reason, is not required to finish any authorized assessment, and is not required to answer any test question.

‘‘(3) STATE PARTICIPATION.—

‘‘(A) VOLUNTARY.—Participation in assessments

authorized under this section, other than reading and

mathematics in grades 4 and 8, shall be voluntary.

‘‘(B) AGREEMENT.—For reading and mathematics

assessments in grades 4 and 8, the Secretary shall enter

into an agreement with any State carrying out an assessment for the State under this section. Each such agreement

shall contain provisions designed to ensure that the State

will participate in the assessment.

‘‘(4) REVIEW.—Representatives of State educational agencies and local educational agencies or the chief State school

officer shall have the right to review any assessment item

or procedure of any authorized assessment upon request in

a manner consistent with subsection (c), except the review

described in subparagraph (2)(C) of subsection (c) shall take

place in consultation with the representatives described in this

paragraph.

‘‘(e) STUDENT ACHIEVEMENT LEVELS.—

‘‘(1) ACHIEVEMENT LEVELS.—The National Assessment Governing Board shall develop appropriate student achievement

levels for each grade or age in each subject area to be tested

under assessments authorized under this section, except the

trend assessment described in subsection (b)(2)(F).

‘‘(2) DETERMINATION OF LEVELS.—

‘‘(A) IN GENERAL.—Such levels shall—

‘‘(i) be determined by—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1903

‘‘(I) identifying the knowledge that can be

measured and verified objectively using widely

accepted professional assessment standards; and ‘‘(II) developing achievement levels that are

consistent with relevant widely accepted professional assessment standards and based on the

appropriate level of subject matter knowledge for

grade levels to be assessed, or the age of the students, as the case may be.

‘‘(B) NATIONAL CONSENSUS APPROACH.—After the determinations described in subparagraph (A), devising a

national consensus approach. ‘‘(C) TRIAL BASIS.—The achievement levels shall be

used on a trial basis until the Commissioner determines,

as a result of an evaluation under subsection (f), that

such levels are reasonable, valid, and informative to the

public. ‘‘(D) STATUS.—The Commissioner and the Board shall

ensure that reports using such levels on a trial basis do

so in a manner that makes clear the status of such levels.

‘‘(E) UPDATES.—Such levels shall be updated as appropriate by the National Assessment Governing Board in

consultation with the Commissioner.

‘‘(3) REPORTING.—After determining that such levels are

reasonable, valid, and informative to the public, as the result

of an evaluation under subsection (f), the Commissioner shall

use such levels or other methods or indicators for reporting

results of the National Assessment and State assessments.

‘‘(4) REVIEW.—The National Assessment Governing Board

shall provide for a review of any trial student achievement

levels under development by representatives of State educational agencies or the chief State school officer in a manner

consistent with subsection (c), except the review described in

subparagraph (2)(C) shall take place in consultation with the

representatives described in this paragraph.

‘‘(f) REVIEW OF NATIONAL AND STATE ASSESSMENTS.—

‘‘(1) REVIEW.—

‘‘(A) IN GENERAL.—The Secretary shall provide for continuing review of any assessment authorized under this

section, and student achievement levels, by one or more

professional assessment evaluation organizations.

‘‘(B) ISSUES ADDRESSED.—Such continuing review shall

address—

‘‘(i) whether any authorized assessment is properly

administered, produces high quality data that are valid

and reliable, is consistent with relevant widely

accepted professional assessment standards, and produces data on student achievement that are not otherwise available to the State (other than data comparing

participating States to each other and the Nation);

‘‘(ii) whether student achievement levels are

reasonable, valid, reliable, and informative to the

public;–

‘‘(iii) whether any authorized assessment is being

administered as a random sample and is reporting

the trends in academic achievement in a valid and

reliable manner in the subject areas being assessed;

115 STAT. 1904 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(iv) whether any of the test questions are biased,

as described in section 412(e)(4); and

‘‘(v) whether the appropriate authorized assessments are measuring, consistent with this section,

reading ability and mathematical knowledge.

‘‘(2) REPORT.—The Secretary shall report to the Committee

on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and

Pensions of the Senate, the President, and the Nation on the

findings and recommendations of such reviews.

‘‘(3) USE OF FINDINGS AND RECOMMENDATIONS.—The

Commissioner and the National Assessment Governing Board

shall consider the findings and recommendations of such

reviews in designing the competition to select the organization,

or organizations, through which the Commissioner carries out

the National Assessment.

‘‘(g) COVERAGE AGREEMENTS.—

‘‘(1) DEPARTMENT OF DEFENSE SCHOOLS.—The Secretary

and the Secretary of Defense may enter into an agreement,

including such terms as are mutually satisfactory, to include

in the National Assessment elementary schools and secondary

schools operated by the Department of Defense.

‘‘(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.—The Secretary

and the Secretary of the Interior may enter into an agreement,

including such terms as are mutually satisfactory, to include

in the National Assessment schools for Indian children operated

or supported by the Bureau of Indian Affairs.’’.

(b) NATIONAL ASSESSMENT GOVERNING BOARD.—Section 412

of the National Education Statistics Act of 1994 (20 U.S.C. 9011)

is amended to read as follows:

‘‘SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.

‘‘(a) ESTABLISHMENT.—There is established the National Assessment Governing Board (hereafter in this title referred to as the

‘Board’), which shall formulate policy guidelines for the National

Assessment.

‘‘(b) MEMBERSHIP.—

‘‘(1) APPOINTMENT AND COMPOSITION.—The Board shall be

appointed by the Secretary and be composed as follows:

‘‘(A) Two Governors, or former Governors, who shall

not be members of the same political party.

‘‘(B) Two State legislators, who shall not be members

of the same political party.

‘‘(C) Two chief State school officers.

‘‘(D) One superintendent of a local educational agency.

‘‘(E) One member of a State board of education.

‘‘(F) One member of a local board of education.

‘‘(G) Three classroom teachers representing the grade

levels at which the National Assessment is conducted.

‘‘(H) One representative of business or industry.

‘‘(I) Two curriculum specialists.

‘‘(J) Three testing and measurement experts, who shall

have training and experience in the field of testing and

measurement.

‘‘(K) One nonpublic school administrator or policymaker.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1905

‘‘(L) Two school principals, of whom one shall be an

elementary school principal and one shall be a secondary

school principal. ‘‘(M) Two parents who are not employed by a local,

State or Federal educational agency.

‘‘(N) Two additional members who are representatives

of the general public, and who may be parents, but who

are not employed by a local, State, or Federal educational

agency.

‘‘(2) ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH.— The Assistant Secretary for Educational Research and Improvement shall serve as an ex officio, nonvoting member of the

Board. ‘‘(3) BALANCE AND DIVERSITY.—The Secretary and the Board

shall ensure at all times that the membership of the Board

reflects regional, racial, gender, and cultural balance and diversity and that the Board exercises its independent judgment,

free from inappropriate influences and special interests.

‘‘(c) TERMS.—

‘‘(1) IN GENERAL.—Terms of service of members of the Board

shall be staggered and may not exceed a period of 4 years,

as determined by the Secretary.

‘‘(2) SERVICE LIMITATION.—Members of the Board may serve

not more than two terms.

‘‘(3) CHANGE OF STATUS.—A member of the Board who

changes status under subsection (b) during the term of the

appointment of the member may continue to serve as a member

until the expiration of such term.

‘‘(4) CONFORMING PROVISION.—Members of the Board previously granted 3 year terms, whose terms are in effect on

the date of enactment of the Department of Education Appropriations Act, 2001, shall have their terms extended by 1 year.

‘‘(d) VACANCIES.—

‘‘(1) IN GENERAL.—

‘‘(A) ORGANIZATIONS.—The Secretary shall appoint new

members to fill vacancies on the Board from among individuals who are nominated by organizations representing the

type of individuals described in subsection (b)(1) with

respect to which the vacancy exists.

‘‘(B) NOMINATIONS.—Each organization submitting

nominations to the Secretary with respect to a particular

vacancy shall nominate for such vacancy six individuals

who are qualified by experience or training to fill the

particular Board vacancy.

‘‘(C) MAINTENANCE OF BOARD.—The Secretary’s

appointments shall maintain the composition, diversity,

and balance of the Board required under subsection (b).

‘‘(2) ADDITIONAL NOMINATIONS.—The Secretary may request

that each organization described in paragraph (1)(A) submit

additional nominations if the Secretary determines that none

of the individuals nominated by such organization have appropriate knowledge or expertise.

‘‘(e) DUTIES.—

‘‘(1) IN GENERAL.—In carrying out its functions under this

section the Board shall—

‘‘(A) select the subject areas to be assessed (consistent

with section 411(b));

115 STAT. 1906 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) develop appropriate student achievement levels

as provided in section 411(e); ‘‘(C) develop assessment objectives consistent with the

requirements of this section and test specifications that

produce an assessment that is valid and reliable, and are

based on relevant widely accepted professional standards;

‘‘(D) develop a process for review of the assessment

which includes the active participation of teachers, curriculum specialists, local school administrators, parents,

and concerned members of the public;

‘‘(E) design the methodology of the assessment to

ensure that assessment items are valid and reliable, in

consultation with appropriate technical experts in measurement and assessment, content and subject matter, sampling, and other technical experts who engage in large

scale surveys, including the Advisory Council established

under section 407;

‘‘(F) consistent with section 411, measure student academic achievement in grades 4, 8, and 12 in the authorized

academic subjects;

‘‘(G) develop guidelines for reporting and disseminating

results;

‘‘(H) develop standards and procedures for regional

and national comparisons; and

‘‘(I) take appropriate actions needed to improve the

form, content, use, and reporting of results of any assessment authorized by section 411 consistent with the provisions of this section and section 411.

‘‘(2) DELEGATION.—The Board may delegate any of the

Board’s procedural and administrative functions to its staff.

‘‘(3) ALL COGNITIVE AND NONCOGNITIVE ASSESSMENT

ITEMS.—The Board shall have final authority on the appropriateness of all assessment items.

‘‘(4) PROHIBITION AGAINST BIAS.—The Board shall take steps

to ensure that all items selected for use in the National Assessment are free from racial, cultural, gender, or regional bias

and are secular, neutral, and non-ideological.

‘‘(5) TECHNICAL.—In carrying out the duties required by

paragraph (1), the Board may seek technical advice, as appropriate, from the Commissioner and the Advisory Council on

Education Statistics and other experts.

‘‘(6) REPORT.—Not later than 90 days after an evaluation

of the student achievement levels under section 411(e), the

Board shall make a report to the Secretary, the Committee

on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and

Pensions of the Senate describing the steps the Board is taking

to respond to each of the recommendations contained in such

evaluation.

‘‘(f) PERSONNEL.—

‘‘(1) IN GENERAL.—In the exercise of its responsibilities,

the Board shall be independent of the Secretary and the other

offices and officers of the Department.

‘‘(2) STAFF.—

‘‘(A) IN GENERAL.—The Secretary may appoint, at the

request of the Board, such staff as will enable the Board

to carry out its responsibilities.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1907

‘‘(B) TECHNICAL EMPLOYEES.—Such appointments may

include, for terms not to exceed 3 years and without regard

to the provisions of title 5, United States Code, governing

appointments in the competitive service, not more than

six technical employees who may be paid without regard

to the provisions of chapter 51 and subchapter III of chapter

53 of such title relating to classification and General

Schedule pay rates.

‘‘(g) COORDINATION.—The Commissioner and the Board shall

meet periodically— ‘‘(1) to ensure coordination of their duties and activities

relating to the National Assessment; and ‘‘(2) for the Commissioner to report to the Board on the

Department’s actions to implement the decisions of the Board. ‘‘(h) ADMINISTRATION.—The Federal Advisory Committee Act

(5 U.S.C. App.) shall not apply with respect to the Board, other

than sections 10, 11, and 12 of such Act.’’.

TITLE VII—INDIAN, NATIVE HAWAIIAN,

AND ALASKA NATIVE EDUCATION

SEC. 701. INDIANS, NATIVE HAWAIIANS, AND ALASKA NATIVES.

Title VII (20 U.S.C. 7401 et seq.) is amended to read as follows:

‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN,

AND ALASKA NATIVE EDUCATION

‘‘PART A—INDIAN EDUCATION

‘‘SEC. 7101. STATEMENT OF POLICY.

‘‘It is the policy of the United States to fulfill the Federal

Government’s unique and continuing trust relationship with and

responsibility to the Indian people for the education of Indian

children. The Federal Government will continue to work with local

educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities toward the goal of ensuring

that programs that serve Indian children are of the highest quality

and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally

related academic needs of these children.

‘‘SEC. 7102. PURPOSE.

‘‘(a) PURPOSE.—It is the purpose of this part to support the

efforts of local educational agencies, Indian tribes and organizations,

postsecondary institutions, and other entities to meet the unique

educational and culturally related academic needs of American

Indian and Alaska Native students, so that such students can

meet the same challenging State student academic achievement

standards as all other students are expected to meet.

‘‘(b) PROGRAMS.—This part carries out the purpose described

in subsection (a) by authorizing programs of direct assistance for—

‘‘(1) meeting the unique educational and culturally related

academic needs of American Indians and Alaska Natives;

‘‘(2) the education of Indian children and adults;

20 USC 7402.

20 USC 7401.

115 STAT. 1908 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(3) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and ‘‘(4) research, evaluation, data collection, and technical

assistance.

‘‘Subpart 1—Formula Grants to Local Educational

Agencies

‘‘SEC. 7111. PURPOSE.

‘‘It is the purpose of this subpart to support local educational

agencies in their efforts to reform elementary school and secondary

school programs that serve Indian students in order to ensure

that such programs— ‘‘(1) are based on challenging State academic content and

student academic achievement standards that are used for all

students; and ‘‘(2) are designed to assist Indian students in meeting those

standards.

‘‘SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

‘‘(a) IN GENERAL.—The Secretary may make grants, from allocations made under section 7113, to local educational agencies and

Indian tribes, in accordance with this section and section 7113.

‘‘(b) LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) ENROLLMENT REQUIREMENTS.—A local educational

agency shall be eligible for a grant under this subpart for

any fiscal year if the number of Indian children eligible under

section 7117 who were enrolled in the schools of the agency,

and to whom the agency provided free public education, during

the preceding fiscal year—

‘‘(A) was at least 10; or

‘‘(B) constituted not less than 25 percent of the total

number of individuals enrolled in the schools of such

agency.

‘‘(2) EXCLUSION.—The requirement of paragraph (1) shall

not apply in Alaska, California, or Oklahoma, or with respect

to any local educational agency located on, or in proximity

to, a reservation.

‘‘(c) INDIAN TRIBES.—

‘‘(1) IN GENERAL.—If a local educational agency that is

otherwise eligible for a grant under this subpart does not

establish a committee under section 7114(c)(4) for such grant,

an Indian tribe that represents not less than 1⁄2 of the eligible

Indian children who are served by such local educational agency

may apply for such grant.

‘‘(2) SPECIAL RULE.—The Secretary shall treat each Indian

tribe applying for a grant pursuant to paragraph (1) as if

such Indian tribe were a local educational agency for purposes

of this subpart, except that any such tribe is not subject to

section 7114(c)(4), section 7118(c), or section 7119.

‘‘SEC. 7113. AMOUNT OF GRANTS.

‘‘(a) AMOUNT OF GRANT AWARDS.—

‘‘(1) IN GENERAL.—Except as provided in subsection (b)

and paragraph (2), the Secretary shall allocate to each local

educational agency that has an approved application under

this subpart an amount equal to the product of—

20 USC 2423.

20 USC 7422.

20 USC 7421.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1909

‘‘(A) the number of Indian children who are eligible

under section 7117 and served by such agency; and

‘‘(B) the greater of—

‘‘(i) the average per pupil expenditure of the State

in which such agency is located; or

‘‘(ii) 80 percent of the average per pupil expenditure of all the States.

‘‘(2) REDUCTION.—The Secretary shall reduce the amount

of each allocation otherwise determined under this section in

accordance with subsection (e).

‘‘(b) MINIMUM GRANT.—

‘‘(1) IN GENERAL.—Notwithstanding subsection (e), an entity

that is eligible for a grant under section 7112, and a school

that is operated or supported by the Bureau of Indian Affairs

that is eligible for a grant under subsection (d), that submits

an application that is approved by the Secretary, shall, subject

to appropriations, receive a grant under this subpart in an

amount that is not less than $3,000.

‘‘(2) CONSORTIA.—Local educational agencies may form a

consortium for the purpose of obtaining grants under this subpart.

‘‘(3) INCREASE.—The Secretary may increase the minimum

grant under paragraph (1) to not more than $4,000 for all

grantees if the Secretary determines such increase is necessary

to ensure the quality of the programs provided.

‘‘(c) DEFINITION.—For the purpose of this section, the term

‘average per pupil expenditure’, used with respect to a State, means

an amount equal to—

‘‘(1) the sum of the aggregate current expenditures of all

the local educational agencies in the State, plus any direct

current expenditures by the State for the operation of such

agencies, without regard to the sources of funds from which

such local or State expenditures were made, during the second

fiscal year preceding the fiscal year for which the computation

is made; divided by

‘‘(2) the aggregate number of children who were included

in average daily attendance for whom such agencies provided

free public education during such preceding fiscal year.

‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF

INDIAN AFFAIRS.—

‘‘(1) IN GENERAL.—Subject to subsection (e), in addition

to the grants awarded under subsection (a), the Secretary shall

allocate to the Secretary of the Interior an amount equal to

the product of—

‘‘(A) the total number of Indian children enrolled in

schools that are operated by—

‘‘(i) the Bureau of Indian Affairs; or

‘‘(ii) an Indian tribe, or an organization controlled

or sanctioned by an Indian tribal government, for the

children of that tribe under a contract with, or grant

from, the Department of the Interior under the Indian

Self-Determination Act or the Tribally Controlled

Schools Act of 1988; and

‘‘(B) the greater of—

‘‘(i) the average per pupil expenditure of the State

in which the school is located; or

115 STAT. 1910 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) 80 percent of the average per pupil expenditure of all the States. ‘‘(2) SPECIAL RULE.—Any school described in paragraph

(1)(A) that wishes to receive an allocation under this subpart

shall submit an application in accordance with section 7114,

and shall otherwise be treated as a local educational agency

for the purpose of this subpart, except that such school shall

not be subject to section 7114(c)(4), section 7118(c), or section

7119.

‘‘(e) RATABLE REDUCTIONS.—If the sums appropriated for any

fiscal year under section 7152(a) are insufficient to pay in full

the amounts determined for local educational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection

(d), each of those amounts shall be ratably reduced.

‘‘SEC. 7114. APPLICATIONS.

‘‘(a) APPLICATION REQUIRED.—Each local educational agency

that desires to receive a grant under this subpart shall submit

an application to the Secretary at such time, in such manner,

and containing such information as the Secretary may reasonably

require.

‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each application

submitted under subsection (a) shall include a description of a

comprehensive program for meeting the needs of Indian children

served by the local educational agency, including the language

and cultural needs of the children, that—

‘‘(1) describes how the comprehensive program will offer

programs and activities to meet the culturally related academic

needs of American Indian and Alaska Native students;

‘‘(2)(A) is consistent with the State and local plans submitted under other provisions of this Act; and

‘‘(B) includes academic content and student academic

achievement goals for such children, and benchmarks for

attaining such goals, that are based on the challenging State

academic content and student academic achievement standards

adopted under title I for all children;

‘‘(3) explains how Federal, State, and local programs, especially programs carried out under title I, will meet the needs

of such students;

‘‘(4) demonstrates how funds made available under this

subpart will be used for activities described in section 7115;

‘‘(5) describes the professional development opportunities

that will be provided, as needed, to ensure that—

‘‘(A) teachers and other school professionals who are

new to the Indian community are prepared to work with

Indian children; and

‘‘(B) all teachers who will be involved in programs

assisted under this subpart have been properly trained

to carry out such programs; and

‘‘(6) describes how the local educational agency—

‘‘(A) will periodically assess the progress of all Indian

children enrolled in the schools of the local educational

agency, including Indian children who do not participate

in programs assisted under this subpart, in meeting the

goals described in paragraph (2);

‘‘(B) will provide the results of each assessment

referred to in subparagraph (A) to—

20 USC 7424.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1911

‘‘(i) the committee described in subsection (c)(4);

and

‘‘(ii) the community served by the local educational

agency; and

‘‘(C) is responding to findings of any previous assessments that are similar to the assessments described in

subparagraph (A).

‘‘(c) ASSURANCES.—Each application submitted under subsection

(a) shall include assurances that—

‘‘(1) the local educational agency will use funds received

under this subpart only to supplement the funds that, in the

absence of the Federal funds made available under this subpart,

such agency would make available for the education of Indian

children, and not to supplant such funds;

‘‘(2) the local educational agency will prepare and submit

to the Secretary such reports, in such form and containing

such information, as the Secretary may require to—

‘‘(A) carry out the functions of the Secretary under

this subpart; and

‘‘(B) determine the extent to which activities carried

out with funds provided to the local educational agency

under this subpart are effective in improving the educational achievement of Indian students served by such

agency;

‘‘(3) the program for which assistance is sought—

‘‘(A) is based on a comprehensive local assessment

and prioritization of the unique educational and culturally

related academic needs of the American Indian and Alaska

Native students for whom the local educational agency

is providing an education;

‘‘(B) will use the best available talents and resources,

including individuals from the Indian community; and

‘‘(C) was developed by such agency in open consultation

with parents of Indian children and teachers, and, if appropriate, Indian students from secondary schools, including

through public hearings held by such agency to provide

to the individuals described in this subparagraph a full

opportunity to understand the program and to offer recommendations regarding the program; and

‘‘(4) the local educational agency developed the program

with the participation and written approval of a committee—

‘‘(A) that is composed of, and selected by—

‘‘(i) parents of Indian children in the local educational agency’s schools;

‘‘(ii) teachers in the schools; and

‘‘(iii) if appropriate, Indian students attending secondary schools of the agency;

‘‘(B) a majority of whose members are parents of Indian

children;

‘‘(C) that has set forth such policies and procedures,

including policies and procedures relating to the hiring

of personnel, as will ensure that the program for which

assistance is sought will be operated and evaluated in

consultation with, and with the involvement of, parents

of the children, and representatives of the area, to be

served;

115 STAT. 1912 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(D) with respect to an application describing a

schoolwide program in accordance with section 7115(c),

that has—

‘‘(i) reviewed in a timely fashion the program; and

‘‘(ii) determined that the program will not diminish

the availability of culturally related activities for American Indian and Alaska Native students; and

‘‘(E) that has adopted reasonable bylaws for the conduct

of the activities of the committee and abides by such

bylaws.

‘‘SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.

‘‘(a) GENERAL REQUIREMENTS.—Each local educational agency

that receives a grant under this subpart shall use the grant funds,

in a manner consistent with the purpose specified in section 7111,

for services and activities that—

(1) are designed to carry out the comprehensive program

of the local educational agency for Indian students, and

described in the application of the local educational agency

submitted to the Secretary under section 7114(a);

‘‘(2) are designed with special regard for the language and

cultural needs of the Indian students; and

‘‘(3) supplement and enrich the regular school program

of such agency.

‘‘(b) PARTICULAR ACTIVITIES.—The services and activities

referred to in subsection (a) may include—

‘‘(1) culturally related activities that support the program

described in the application submitted by the local educational

agency;

‘‘(2) early childhood and family programs that emphasize

school readiness;

‘‘(3) enrichment programs that focus on problem solving

and cognitive skills development and directly support the

attainment of challenging State academic content and student

academic achievement standards;

‘‘(4) integrated educational services in combination with

other programs that meet the needs of Indian children and

their families;

‘‘(5) career preparation activities to enable Indian students

to participate in programs such as the programs supported

by the Carl D. Perkins Vocational and Technical Education

Act of 1998, including programs for tech-prep education, mentoring, and apprenticeship;

‘‘(6) activities to educate individuals concerning substance

abuse and to prevent substance abuse;

‘‘(7) the acquisition of equipment, but only if the acquisition

of the equipment is essential to achieve the purpose described

in section 7111;

‘‘(8) activities that promote the incorporation of culturally

responsive teaching and learning strategies into the educational

program of the local educational agency;

‘‘(9) activities that incorporate American Indian and Alaska

Native specific curriculum content, consistent with State standards, into the curriculum used by the local educational agency;

‘‘(10) family literacy services; and

20 USC 7425.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1913

‘‘(11) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate

appropriately qualified tribal elders and seniors.

‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any other provision of law, a local educational agency may use funds made available

to such agency under this subpart to support a schoolwide program

under section 1114 if—

‘‘(1) the committee established pursuant to section

7114(c)(4) approves the use of the funds for the schoolwide

program; and

‘‘(2) the schoolwide program is consistent with the purpose

described in section 7111.

‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than

5 percent of the funds provided to a grantee under this subpart

for any fiscal year may be used for administrative purposes.

‘‘SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.

‘‘(a) PLAN.—An entity receiving funds under this subpart may

submit a plan to the Secretary for the integration of education

and related services provided to Indian students.

‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the receipt of an

acceptable plan under subsection (a), the Secretary, in cooperation

with each Federal agency providing grants for the provision of

education and related services to the entity, shall authorize the

entity to consolidate, in accordance with such plan, the federally

funded education and related services programs of the entity and

the Federal programs, or portions of the programs, serving Indian

students in a manner that integrates the program services involved

into a single, coordinated, comprehensive program and reduces

administrative costs by consolidating administrative functions.

‘‘(c) PROGRAMS AFFECTED.—The funds that may be consolidated

in a demonstration project under any such plan referred to in

subsection (a) shall include funds for any Federal program exclusively serving Indian children, or the funds reserved under any

Federal program to exclusively serve Indian children, under which

the entity is eligible for receipt of funds under a statutory or

administrative formula for the purposes of providing education and

related services that would be used to serve Indian students.

‘‘(d) PLAN REQUIREMENTS.—For a plan to be acceptable pursuant to subsection (b), the plan shall—

‘‘(1) identify the programs or funding sources to be consolidated;

‘‘(2) be consistent with the objectives of this section concerning authorizing the services to be integrated in a demonstration project;

‘‘(3) describe a comprehensive strategy that identifies the

full range of potential educational opportunities and related

services to be provided to assist Indian students to achieve

the objectives set forth in this subpart;

‘‘(4) describe the way in which services are to be integrated

and delivered and the results expected from the plan;

‘‘(5) identify the projected expenditures under the plan

in a single budget;

‘‘(6) identify the State, tribal, or local agency or agencies

to be involved in the delivery of the services integrated under

the plan;

20 USC 7426.

115 STAT. 1914 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(7) identify any statutory provisions, regulations, policies,

or procedures that the entity believes need to be waived in

order to implement the plan; ‘‘(8) set forth measures for academic content and student

academic achievement goals designed to be met within a specific

period of time; and

‘‘(9) be approved by a committee formed in accordance

with section 7114(c)(4), if such a committee exists.

‘‘(e) PLAN REVIEW.—Upon receipt of the plan from an eligible

entity, the Secretary shall consult with the Secretary of each Federal department providing funds to be used to implement the plan,

and with the entity submitting the plan. The parties so consulting

shall identify any waivers of statutory requirements or of Federal

departmental regulations, policies, or procedures necessary to

enable the entity to implement the plan. Notwithstanding any

other provision of law, the Secretary of the affected department

shall have the authority to waive any regulation, policy, or procedure promulgated by that department that has been so identified

by the entity or department, unless the Secretary of the affected

department determines that such a waiver is inconsistent with

the objectives of this subpart or those provisions of the statute

from which the program involved derives authority that are specifically applicable to Indian students. ‘‘(f) PLAN APPROVAL.—Within 90 days after the receipt of an

entity’s plan by the Secretary, the Secretary shall inform the entity,

in writing, of the Secretary’s approval or disapproval of the plan.

If the plan is disapproved, the entity shall be informed, in writing,

of the reasons for the disapproval and shall be given an opportunity

to amend the plan or to petition the Secretary to reconsider such

disapproval.

‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.—Not

later than 180 days after the date of enactment of the No Child

Left Behind Act of 2001, the Secretary of Education, the Secretary

of the Interior, and the head of any other Federal department

or agency identified by the Secretary of Education, shall enter

into an interdepartmental memorandum of agreement providing

for the implementation of the demonstration projects authorized

under this section. The lead agency head for a demonstration project

under this section shall be—

‘‘(1) the Secretary of the Interior, in the case of an entity

meeting the definition of a contract or grant school under

title XI of the Education Amendments of 1978; or

‘‘(2) the Secretary of Education, in the case of any other

entity.

‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The responsibilities

of the lead agency shall include—

‘‘(1) the use of a single report format related to the plan

for the individual project, which shall be used by an eligible

entity to report on the activities undertaken under the project;

‘‘(2) the use of a single report format related to the projected

expenditures for the individual project which shall be used

by an eligible entity to report on all project expenditures;

‘‘(3) the development of a single system of Federal oversight

for the project, which shall be implemented by the lead agency;

and

‘‘(4) the provision of technical assistance to an eligible

entity appropriate to the project, except that an eligible entity

Deadline.

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PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1915

shall have the authority to accept or reject the plan for providing such technical assistance and the technical assistance

provider.

‘‘(i) REPORT REQUIREMENTS.—A single report format shall be

developed by the Secretary, consistent with the requirements of

this section. Such report format shall require that reports described

in subsection (h), together with records maintained on the consolidated program at the local level, shall contain such information

as will allow a determination that the eligible entity has complied

with the requirements incorporated in its approved plan, including

making a demonstration of student academic achievement, and

will provide assurances to each Secretary that the eligible entity

has complied with all directly applicable statutory requirements

and with those directly applicable regulatory requirements that

have not been waived. ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall the amount

of Federal funds available to an eligible entity involved in any

demonstration project be reduced as a result of the enactment

of this section. ‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—The Secretary is authorized to take such action as may be necessary to

provide for an interagency transfer of funds otherwise available

to an eligible entity in order to further the objectives of this section.

‘‘(l) ADMINISTRATION OF FUNDS.—

‘‘(1) IN GENERAL.—Program funds for the consolidated programs shall be administered in such a manner as to allow

for a determination that funds from a specific program are

spent on allowable activities authorized under such program,

except that the eligible entity shall determine the proportion

of the funds granted that shall be allocated to such program.

‘‘(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this

section shall be construed as requiring the eligible entity to

maintain separate records tracing any services or activities

conducted under the approved plan to the individual programs

under which funds were authorized for the services or activities,

nor shall the eligible entity be required to allocate expenditures

among such individual programs.

‘‘(m) OVERAGE.—The eligible entity may commingle all administrative funds from the consolidated programs and shall be entitled

to the full amount of such funds (under each program’s or agency’s

regulations). The overage (defined as the difference between the

amount of the commingled funds and the actual administrative

cost of the programs) shall be considered to be properly spent

for Federal audit purposes, if the overage is used for the purposes

provided for under this section.

‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part shall be

construed so as to interfere with the ability of the Secretary or

the lead agency to fulfill the responsibilities for the safeguarding

of Federal funds pursuant to chapter 75 of title 31, United States

Code.

‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRA- TION.—

‘‘(1) PRELIMINARY REPORT.—Not later than 2 years after

the date of enactment of the No Child Left Behind Act of

2001, the Secretary of Education shall submit a preliminary

report to the Committee on Education and the Workforce and

the Committee on Resources of the House of Representatives

Deadline.

115 STAT. 1916 PUBLIC LAW 107–110—JAN. 8, 2002

and the Committee on Health, Education, Labor, and Pensions

and the Committee on Indian Affairs of the Senate on the

status of the implementation of the demonstration projects

authorized under this section.

‘‘(2) FINAL REPORT.—Not later than 5 years after the date

of enactment of the No Child Left Behind Act of 2001, the

Secretary of Education shall submit a report to the Committee

on Education and the Workforce and the Committee on

Resources of the House of Representatives and the Committee

on Health, Education, Labor, and Pensions and the Committee

on Indian Affairs of the Senate on the results of the

implementation of the demonstration projects authorized under

this section. Such report shall identify statutory barriers to

the ability of participants to integrate more effectively their

education and related services to Indian students in a manner

consistent with the objectives of this section.

‘‘(p) DEFINITIONS.—For the purposes of this section, the term

‘Secretary’ means—

‘‘(1) the Secretary of the Interior, in the case of an entity

meeting the definition of a contract or grant school under

title XI of the Education Amendments of 1978; or

‘‘(2) the Secretary of Education, in the case of any other

entity.

‘‘SEC. 7117. STUDENT ELIGIBILITY FORMS.

‘‘(a) IN GENERAL.—The Secretary shall require that, as part

of an application for a grant under this subpart, each applicant

shall maintain a file, with respect to each Indian child for whom

the local educational agency provides a free public education, that

contains a form that sets forth information establishing the status

of the child as an Indian child eligible for assistance under this

subpart, and that otherwise meets the requirements of subsection

(b).

‘‘(b) FORMS.—The form described in subsection (a) shall

include—

‘‘(1) either—

‘‘(A)(i) the name of the tribe or band of Indians (as

defined in section 7151) with respect to which the child

claims membership;

‘‘(ii) the enrollment number establishing the membership of the child (if readily available); and

‘‘(iii) the name and address of the organization that

maintains updated and accurate membership data for such

tribe or band of Indians; or

‘‘(B) the name, the enrollment number (if readily available), and the name and address of the organization responsible for maintaining updated and accurate membership

data, of any parent or grandparent of the child from whom

the child claims eligibility under this subpart, if the child

is not a member of the tribe or band of Indians (as so

defined);

‘‘(2) a statement of whether the tribe or band of Indians

(as so defined), with respect to which the child, or parent

or grandparent of the child, claims membership, is federally

recognized;

‘‘(3) the name and address of the parent or legal guardian

of the child;

20 USC 7427.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1917

‘‘(4) a signature of the parent or legal guardian of the

child that verifies the accuracy of the information supplied;

and ‘‘(5) any other information that the Secretary considers

necessary to provide an accurate program profile.

‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section shall

be construed to affect a definition contained in section 7151. ‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms and the

standards of proof (including the standard of good faith compliance)

that were in use during the 1985–86 academic year to establish

the eligibility of a child for entitlement under the Indian Elementary

and Secondary School Assistance Act shall be the forms and standards of proof used— ‘‘(1) to establish eligibility under this subpart; and

‘‘(2) to meet the requirements of subsection (a). ‘‘(e) DOCUMENTATION.—For purposes of determining whether

a child is eligible to be counted for the purpose of computing

the amount of a grant award under section 7113, the membership

of the child, or any parent or grandparent of the child, in a tribe

or band of Indians (as so defined) may be established by proof

other than an enrollment number, notwithstanding the availability

of an enrollment number for a member of such tribe or band.

Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number. ‘‘(f) MONITORING AND EVALUATION REVIEW.—

‘‘(1) IN GENERAL.—

‘‘(A) REVIEW.—For each fiscal year, in order to provide

such information as is necessary to carry out the responsibility of the Secretary to provide technical assistance under

this subpart, the Secretary shall conduct a monitoring and

evaluation review of a sampling of the recipients of grants

under this subpart. The sampling conducted under this

subparagraph shall take into account the size of and the

geographic location of each local educational agency.

‘‘(B) EXCEPTION.—A local educational agency may not

be held liable to the United States or be subject to any

penalty, by reason of the findings of an audit that relates

to the date of completion, or the date of submission, of

any forms used to establish, before April 28, 1988, the

eligibility of a child for an entitlement under the Indian

Elementary and Secondary School Assistance Act.

‘‘(2) FALSE INFORMATION.—Any local educational agency

that provides false information in an application for a grant

under this subpart shall—

‘‘(A) be ineligible to apply for any other grant under

this subpart; and

‘‘(B) be liable to the United States for any funds from

the grant that have not been expended.

‘‘(3) EXCLUDED CHILDREN.—A student who provides false

information for the form required under subsection (a) shall

not be counted for the purpose of computing the amount of

a grant under section 7113.

‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding

any other provision of this section, in calculating the amount of

a grant under this subpart to a tribal school that receives a grant

or contract from the Bureau of Indian Affairs, the Secretary shall

use only one of the following, as selected by the school:

115 STAT. 1918 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) A count of the number of students in the schools

certified by the Bureau.

‘‘(2) A count of the number of students for whom the

school has eligibility forms that comply with this section.

‘‘(h) TIMING OF CHILD COUNTS.—For purposes of determining

the number of children to be counted in calculating the amount

of a local educational agency’s grant under this subpart (other

than in the case described in subsection (g)(1)), the local educational

agency shall—

‘‘(1) establish a date on, or a period not longer than 31

consecutive days during, which the agency counts those children, if that date or period occurs before the deadline established by the Secretary for submitting an application under

section 7114; and

‘‘(2) determine that each such child was enrolled, and

receiving a free public education, in a school of the agency

on that date or during that period, as the case may be.

‘‘SEC. 7118. PAYMENTS.

‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits

an application that is approved by the Secretary under this subpart

the amount determined under section 7113. The Secretary shall

notify the local educational agency of the amount of the payment

not later than June 1 of the year for which the Secretary makes

the payment.

‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE.—The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State

in which the local educational agency is located takes into consideration payments made under this chapter in determining the eligibility of the local educational agency for State aid, or the amount

of the State aid, with respect to the free public education of children

during such fiscal year or the preceding fiscal year.

‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL

EFFORT.—

‘‘(1) IN GENERAL.—The Secretary may not pay a local educational agency the full amount of a grant award determined

under section 7113 for any fiscal year unless the State educational agency notifies the Secretary, and the Secretary determines, that with respect to the provision of free public education

by the local educational agency for the preceding fiscal year,

the combined fiscal effort of the local educational agency and

the State, computed on either a per student or aggregate

expenditure basis, was not less than 90 percent of the amount

of the combined fiscal effort, computed on the same basis,

for the second preceding fiscal year.

‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for the preceding

fiscal year, the Secretary determines that a local educational

agency and State failed to maintain the combined fiscal effort

for such agency at the level specified in paragraph (1), the

Secretary shall—

‘‘(A) reduce the amount of the grant that would otherwise be made to such agency under this subpart in the

exact proportion of the failure to maintain the fiscal effort

at such level; and

20 USC 7428.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1919

‘‘(B) not use the reduced amount of the agency and

State expenditures for the preceding year to determine

compliance with paragraph (1) for any succeeding fiscal

year, but shall use the amount of expenditures that would

have been required to comply with paragraph (1).

‘‘(3) WAIVER.—

‘‘(A) IN GENERAL.—The Secretary may waive the

requirement of paragraph (1) for a local educational agency,

for not more than 1 year at a time, if the Secretary determines that the failure to comply with such requirement

is due to exceptional or uncontrollable circumstances, such

as a natural disaster or a precipitous and unforeseen

decline in the agency’s financial resources.

‘‘(B) FUTURE DETERMINATIONS.—The Secretary shall

not use the reduced amount of the agency’s expenditures

for the fiscal year preceding the fiscal year for which a

waiver is granted to determine compliance with paragraph

(1) for any succeeding fiscal year, but shall use the amount

of expenditures that would have been required to comply

with paragraph (1) in the absence of the waiver.

‘‘(d) REALLOCATIONS.—The Secretary may reallocate, in a

manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that—

‘‘(1) based on estimates made by local educational agencies

or other information, the Secretary determines will not be

needed by such agencies to carry out approved programs under

this subpart; or

‘‘(2) otherwise become available for reallocation under this

subpart.

‘‘SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW.

‘‘Before submitting an application to the Secretary under section

7114, a local educational agency shall submit the application to

the State educational agency, which may comment on such application. If the State educational agency comments on the application,

the agency shall comment on all applications submitted by local

educational agencies in the State and shall provide those comments

to the respective local educational agencies, with an opportunity

to respond.

‘‘Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian

Children

‘‘SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR

INDIAN CHILDREN.

‘‘(a) PURPOSE.—

‘‘(1) IN GENERAL.—It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness

of services and programs to improve educational opportunities

and achievement of Indian children.

‘‘(2) COORDINATION.—The Secretary shall take the necessary actions to achieve the coordination of activities assisted

under this subpart with—

‘‘(A) other programs funded under this Act; and

20 USC 7441.

20 USC 7429.

115 STAT. 1920 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) other Federal programs operated for the benefit

of American Indian and Alaska Native children. ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term ‘eligible

entity’ means a State educational agency, local educational agency,

Indian tribe, Indian organization, federally supported elementary

school or secondary school for Indian students, Indian institution

(including an Indian institution of higher education), or a consortium of such entities. ‘‘(c) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—The Secretary shall award grants to

eligible entities to enable such entities to carry out activities

that meet the purpose of this section, including— ‘‘(A) innovative programs related to the educational

needs of educationally disadvantaged children; ‘‘(B) educational services that are not available to such

children in sufficient quantity or quality, including

remedial instruction, to raise the achievement of Indian

children in one or more of the core academic subjects of

English, mathematics, science, foreign languages, art, history, and geography; ‘‘(C) bilingual and bicultural programs and projects;

‘‘(D) special health and nutrition services, and other

related activities, that address the special health, social,

and psychological problems of Indian children; ‘‘(E) special compensatory and other programs and

projects designed to assist and encourage Indian children

to enter, remain in, or reenter school, and to increase

the rate of high school graduation for Indian children;

‘‘(F) comprehensive guidance, counseling, and testing

services;

‘‘(G) early childhood and kindergarten programs,

including family-based preschool programs that emphasize

school readiness and parental skills, and the provision

of services to Indian children with disabilities;

‘‘(H) partnership projects between local educational

agencies and institutions of higher education that allow

secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from

secondary to postsecondary education;

‘‘(I) partnership projects between schools and local

businesses for career preparation programs designed to

provide Indian youth with the knowledge and skills such

youth need to make an effective transition from school

to a high-skill, high-wage career;

‘‘(J) programs designed to encourage and assist Indian

students to work toward, and gain entrance into, an institution of higher education;

‘‘(K) family literacy services;

‘‘(L) activities that recognize and support the unique

cultural and educational needs of Indian children, and

incorporate appropriately qualified tribal elders and seniors; or

‘‘(M) other services that meet the purpose described

in this section.

‘‘(2) PROFESSIONAL DEVELOPMENT.—Professional development of teaching professionals and paraprofessionals may be

a part of any program assisted under this section.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1921

‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—

‘‘(1) GRANT REQUIREMENTS.—

‘‘(A) IN GENERAL.—The Secretary may make multiyear

grants under subsection (c) for the planning, development,

pilot operation, or demonstration of any activity described

in subsection (c) for a period not to exceed 5 years.

‘‘(B) PRIORITY.—In making multiyear grants described

in this paragraph, the Secretary shall give priority to entities submitting applications that present a plan for combining two or more of the activities described in subsection

(c) over a period of more than 1 year.

‘‘(C) PROGRESS.—The Secretary shall make a grant payment for a grant described in this paragraph to an eligible

entity after the initial year of the multiyear grant only

if the Secretary determines that the eligible entity has

made substantial progress in carrying out the activities

assisted under the grant in accordance with the application

submitted under paragraph (3) and any subsequent modifications to such application.

‘‘(2) DISSEMINATION GRANTS.—

‘‘(A) IN GENERAL.—In addition to awarding the

multiyear grants described in paragraph (1), the Secretary

may award grants under subsection (c) to eligible entities

for the dissemination of exemplary materials or programs

assisted under this section.

‘‘(B) DETERMINATION.—The Secretary may award a

dissemination grant described in this paragraph if, prior

to awarding the grant, the Secretary determines that the

material or program to be disseminated—

‘‘(i) has been adequately reviewed;

‘‘(ii) has demonstrated educational merit; and

‘‘(iii) can be replicated.

‘‘(3) APPLICATION.—

‘‘(A) IN GENERAL.—Any eligible entity that desires to

receive a grant under this section shall submit an application to the Secretary at such time and in such manner

as the Secretary may reasonably require.

‘‘(B) CONTENTS.—Each application submitted to the

Secretary under subparagraph (A), other than an application for a dissemination grant under paragraph (2), shall

contain—

‘‘(i) a description of how parents of Indian children

and representatives of Indian tribes have been, and

will be, involved in developing and implementing the

activities for which assistance is sought;

‘‘(ii) assurances that the applicant will participate,

at the request of the Secretary, in any national evaluation of activities assisted under this section;

‘‘(iii) information demonstrating that the proposed

program for the activities is a scientifically based

research program, where applicable, which may include

a program that has been modified to be culturally

appropriate for students who will be served;

‘‘(iv) a description of how the applicant will incorporate the proposed activities into the ongoing school

program involved once the grant period is over; and

115 STAT. 1922 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(v) such other assurances and information as the

Secretary may reasonably require.

‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the

funds provided to a grantee under this subpart for any fiscal year

may be used for administrative purposes.

‘‘SEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS.

‘‘(a) PURPOSES.—The purposes of this section are—

‘‘(1) to increase the number of qualified Indian individuals

in teaching or other education professions that serve Indian

people;

‘‘(2) to provide training to qualified Indian individuals to

enable such individuals to become teachers, administrators,

teacher aides, social workers, and ancillary educational personnel; and

‘‘(3) to improve the skills of qualified Indian individuals

who serve in the capacities described in paragraph (2).

‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this section, the

term ‘eligible entity’ means—

‘‘(1) an institution of higher education, including an Indian

institution of higher education;

‘‘(2) a State educational agency or local educational agency,

in consortium with an institution of higher education;

‘‘(3) an Indian tribe or organization, in consortium with

an institution of higher education; and

‘‘(4) a Bureau-funded school (as defined in section 1146

of the Education Amendments of 1978).

‘‘(c) PROGRAM AUTHORIZED.—The Secretary is authorized to

award grants to eligible entities having applications approved under

this section to enable those entities to carry out the activities

described in subsection (d).

‘‘(d) AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—Grant funds under this section shall

be used for activities to provide support and training for Indian

individuals in a manner consistent with the purposes of this

section. Such activities may include continuing programs,

symposia, workshops, conferences, and direct financial support,

and may include programs designed to train tribal elders and

seniors.

‘‘(2) SPECIAL RULES.—

‘‘(A) TYPE OF TRAINING.—For education personnel, the

training received pursuant to a grant under this section

may be inservice or preservice training.

‘‘(B) PROGRAM.—For individuals who are being trained

to enter any field other than teaching, the training received

pursuant to a grant under this section shall be in a program

that results in a graduate degree.

‘‘(e) APPLICATION.—Each eligible entity desiring a grant under

this section shall submit an application to the Secretary at such

time, in such manner, and accompanied by such information, as

the Secretary may reasonably require.

‘‘(f) SPECIAL RULE.—In awarding grants under this section,

the Secretary—

‘‘(1) shall consider the prior performance of the eligible

entity; and

20 USC 7442.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1923

‘‘(2) may not limit eligibility to receive a grant under this

section on the basis of—

‘‘(A) the number of previous grants the Secretary has

awarded such entity; or

‘‘(B) the length of any period during which such entity

received such grants.

‘‘(g) GRANT PERIOD.—Each grant under this section shall be

awarded for a period of not more than 5 years.

‘‘(h) SERVICE OBLIGATION.—

‘‘(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives training pursuant to a

grant made under this section—

‘‘(A) perform work—

‘‘(i) related to the training received under this section; and

‘‘(ii) that benefits Indian people; or

‘‘(B) repay all or a prorated part of the assistance

received.

‘‘(2) REPORTING.—The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient under

this section shall, not later than 12 months after the date

of completion of the training, and periodically thereafter, provide information concerning compliance with the work requirement under paragraph (1).

‘‘Subpart 3—National Activities

‘‘SEC. 7131. NATIONAL RESEARCH ACTIVITIES.

‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may use funds

made available under section 7152(b) for each fiscal year to—

‘‘(1) conduct research related to effective approaches for

the education of Indian children and adults;

‘‘(2) evaluate federally assisted education programs from

which Indian children and adults may benefit;

‘‘(3) collect and analyze data on the educational status

and needs of Indians; and

‘‘(4) carry out other activities that are consistent with the

purpose of this part.

‘‘(b) ELIGIBILITY.—The Secretary may carry out any of the

activities described in subsection (a) directly or through grants

to, or contracts or cooperative agreements with, Indian tribes,

Indian organizations, State educational agencies, local educational

agencies, institutions of higher education, including Indian institutions of higher education, and other public and private agencies

and institutions.

‘‘(c) COORDINATION.—Research activities supported under this

section—

‘‘(1) shall be carried out in consultation with the Office

of Educational Research and Improvement to ensure that such

activities are coordinated with and enhance the research and

development activities supported by the Office; and

‘‘(2) may include collaborative research activities that are

jointly funded and carried out by the Office of Indian Education

Programs and the Office of Educational Research and Improvement.

20 USC 7451.

Regulations.

115 STAT. 1924 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN.

‘‘(a) GRANTS AUTHORIZED.—In addition to the grants authorized

by section 7122(c), the Secretary may make grants to eligible consortia for the provision of high quality in-service training. The

Secretary may make such a grant to—

‘‘(1) a consortium of a tribal college and an institution

of higher education that awards a degree in education; or

‘‘(2) a consortium of—

‘‘(A) a tribal college;

‘‘(B) an institution of higher education that awards

a degree in education; and

‘‘(C) one or more elementary schools or secondary

schools operated by the Bureau of Indian Affairs, local

educational agencies serving Indian children, or tribal educational agencies.

‘‘(b) USE OF FUNDS.—

‘‘(1) IN-SERVICE TRAINING.—A consortium that receives a

grant under subsection (a) shall use the grant funds only to

provide high quality in-service training to teachers, including

teachers who are not Indians, in schools of local educational

agencies with substantial numbers of Indian children enrolled

in their schools, in order to better meet the needs of those

children.

‘‘(2) COMPONENTS.—The training described in paragraph

(1) shall include such activities as preparing teachers to use

the best available scientifically based research practices and

learning strategies, and to make the most effective use of

curricula and materials, to respond to the unique needs of

Indian children in their classrooms.

‘‘(c) PREFERENCE FOR INDIAN APPLICANTS.—In applying section

7143 to this section, the Secretary shall give a preference to any

consortium that includes one or more of the entities described

in section 7143.

‘‘SEC. 7133. FELLOWSHIPS FOR INDIAN STUDENTS.

‘‘(a) FELLOWSHIPS.—

‘‘(1) AUTHORITY.—The Secretary is authorized to award

fellowships to Indian students to enable such students to study

in graduate and professional programs at institutions of higher

education.

‘‘(2) REQUIREMENTS.—The fellowships described in paragraph (1) shall be awarded to Indian students to enable such

students to pursue a course of study—

‘‘(A) of not more than 4 academic years; and

‘‘(B) that leads—

‘‘(i) toward a postbaccalaureate degree in medicine,

clinical psychology, psychology, law, education, or a

related field; or

‘‘(ii) to an undergraduate or graduate degree in

engineering, business administration, natural

resources, or a related field.

‘‘(b) STIPENDS.—The Secretary shall pay to Indian students

awarded fellowships under subsection (a) such stipends (including

allowances for subsistence of such students and dependents of such

students) as the Secretary determines to be consistent with prevailing practices under comparable federally supported programs.

20 USC 7453.

20 USC 7452.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1925

‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUITION.—The Secretary shall pay to the institution of higher education at which

such a fellowship recipient is pursuing a course of study, in lieu

of tuition charged to such recipient, such amounts as the Secretary

may determine to be necessary to cover the cost of education provided to such recipient.

‘‘(d) SPECIAL RULES.— ‘‘(1) IN GENERAL.—If a fellowship awarded under subsection

(a) is vacated prior to the end of the period for which the

fellowship is awarded, the Secretary may award an additional

fellowship for the unexpired portion of the period of the first

fellowship. ‘‘(2) WRITTEN NOTICE.—Not later than 45 days before the

commencement of an academic term, the Secretary shall provide

to each individual who is awarded a fellowship under subsection

(a) for such academic term written notice of— ‘‘(A) the amount of the funding for the fellowship;

and ‘‘(B) any stipends or other payments that will be made

under this section to, or for the benefit of, the individual

for the academic term.

‘‘(3) PRIORITY.—Not more than 10 percent of the fellowships

awarded under subsection (a) shall be awarded, on a priority

basis, to persons receiving training in guidance counseling with

a specialty in the area of alcohol and substance abuse counseling and education.

‘‘(e) SERVICE OBLIGATION.—

‘‘(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives financial assistance under

this section—

‘‘(A) perform work—

‘‘(i) related to the training for which the individual

receives the assistance under this section; and

‘‘(ii) that benefits Indian people; or

‘‘(B) repay all or a prorated portion of such assistance. ‘‘(2) REPORTING.—The Secretary shall establish, by regulation, a reporting procedure under which a recipient of assistance

under this section shall, not later than 12 months after the

date of completion of the training, and periodically thereafter,

provide information concerning the compliance of such recipient

with the work requirement described in paragraph (1).

‘‘(f) ADMINISTRATION OF FELLOWSHIPS.—The Secretary may

administer the fellowships authorized under this section through

a grant to, or contract or cooperative agreement with, an Indian

organization with demonstrated qualifications to administer all

facets of the program assisted under this section.

‘‘SEC. 7134. GIFTED AND TALENTED INDIAN STUDENTS.

‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized to—

‘‘(1) establish two centers for gifted and talented Indian

students at tribally controlled community colleges in accordance

with this section; and

‘‘(2) support demonstration projects described in subsection

(c).

‘‘(b) ELIGIBLE ENTITIES.—The Secretary shall make grants, or

enter into contracts, for the activities described in subsection (a),

to or with—

20 USC 7454.

Regulations.

Deadline.

115 STAT. 1926 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) two tribally controlled community colleges that—

‘‘(A) are eligible for funding under the Tribally Controlled College or University Assistance Act of 1978; and

‘‘(B) are fully accredited; or

‘‘(2) the American Indian Higher Education Consortium,

if the Secretary does not receive applications that the Secretary

determines to be approvable from two colleges that meet the

requirements of paragraph (1).

‘‘(c) USE OF FUNDS.—

‘‘(1) IN GENERAL.—Funds made available through the

grants made, or contracts entered into, by the Secretary under

subsection (b) shall be used for—

‘‘(A) the establishment of centers described in subsection (a); and

‘‘(B) carrying out demonstration projects designed to—

‘‘(i) address the special needs of Indian students

in elementary schools and secondary schools who are

gifted and talented; and

‘‘(ii) provide such support services to the families

of the students described in clause (i) as are needed

to enable such students to benefit from the projects.

‘‘(2) SUBCONTRACTS.—Each recipient of a grant or contract

under subsection (b) to carry out a demonstration project under

subsection (a) may enter into a contract with any other entity,

including the Children’s Television Workshop, to carry out the

demonstration project.

‘‘(3) DEMONSTRATION PROJECTS.—Demonstration projects

assisted under subsection (b) may include—

‘‘(A) the identification of the special needs of gifted

and talented Indian students, particularly at the

elementary school level, giving attention to—

‘‘(i) identifying the emotional and psychosocial

needs of such students; and

‘‘(ii) providing such support services to the families

of such students as are needed to enable such students

to benefit from the projects;

‘‘(B) the conduct of educational, psychosocial, and

developmental activities that the Secretary determines hold

a reasonable promise of resulting in substantial progress

toward meeting the educational needs of such gifted and

talented children, including—

‘‘(i) demonstrating and exploring the use of Indian

languages and exposure to Indian cultural traditions;

and

‘‘(ii) carrying out mentoring and apprenticeship

programs;

‘‘(C) the provision of technical assistance and the

coordination of activities at schools that receive grants

under subsection (d) with respect to the activities assisted

under such grants, the evaluation of programs assisted

under such grants, or the dissemination of such evaluations;

‘‘(D) the use of public television in meeting the special

educational needs of such gifted and talented children;

‘‘(E) leadership programs designed to replicate programs for such children throughout the United States,

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1927

including disseminating information derived from the demonstration projects conducted under subsection (a); and ‘‘(F) appropriate research, evaluation, and related

activities pertaining to the needs of such children and

to the provision of such support services to the families

of such children as are needed to enable such children

to benefit from the projects.

‘‘(4) APPLICATION.—Each eligible entity desiring a grant

or contract under subsection (b) shall submit an application

to the Secretary at such time, in such manner, and accompanied

by such information, as the Secretary may reasonably require.

‘‘(d) ADDITIONAL GRANTS.— ‘‘(1) IN GENERAL.—The Secretary, in consultation with the

Secretary of the Interior, shall award 5 grants to schools funded

by the Bureau of Indian Affairs (hereafter referred to individually in this section as a ‘Bureau school’) for program research

and development and the development and dissemination of

curriculum and teacher training material, regarding— ‘‘(A) gifted and talented students;

‘‘(B) college preparatory studies (including programs

for Indian students with an interest in pursuing teaching

careers); ‘‘(C) students with special culturally related academic

needs, including students with social, lingual, and cultural

needs; or ‘‘(D) mathematics and science education. ‘‘(2) APPLICATIONS.—Each Bureau school desiring a grant

under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by

such information, as the Secretary may reasonably require.

‘‘(3) SPECIAL RULE.—Each application described in paragraph (2) shall be developed, and each grant under this subsection shall be administered, jointly by the supervisor of the

Bureau school and the local educational agency serving such

school. ‘‘(4) REQUIREMENTS.—In awarding grants under paragraph

(1), the Secretary shall achieve a mixture of the programs

described in paragraph (1) that ensures that Indian students

at all grade levels and in all geographic areas of the United

States are able to participate in a program assisted under

this subsection.

‘‘(5) GRANT PERIOD.—Subject to the availability of appropriations, a grant awarded under paragraph (1) shall be

awarded for a 3-year period and may be renewed by the Secretary for additional 3-year periods if the Secretary determines

that the performance of the grant recipient has been satisfactory.

‘‘(6) DISSEMINATION.—

‘‘(A) COOPERATIVE EFFORTS.—The dissemination of any

materials developed from activities assisted under paragraph (1) shall be carried out in cooperation with entities

that receive funds pursuant to subsection (b).

‘‘(B) REPORT.—The Secretary shall prepare and submit

to the Secretary of the Interior and to Congress a report

concerning any results from activities described in this

subsection.

‘‘(7) EVALUATION COSTS.—

115 STAT. 1928 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) DIVISION.—The costs of evaluating any activities

assisted under paragraph (1) shall be divided between the

Bureau schools conducting such activities and the recipients of grants or contracts under subsection (b) who conduct

demonstration projects under subsection (a).

‘‘(B) GRANTS AND CONTRACTS.—If no funds are provided

under subsection (b) for—

‘‘(i) the evaluation of activities assisted under paragraph (1);

‘‘(ii) technical assistance and coordination with

respect to such activities; or

‘‘(iii) the dissemination of the evaluations referred

to in clause (i),

the Secretary shall make such grants, or enter into such

contracts, as are necessary to provide for the evaluations,

technical assistance, and coordination of such activities,

and the dissemination of the evaluations.

‘‘(e) INFORMATION NETWORK.—The Secretary shall encourage

each recipient of a grant or contract under this section to work

cooperatively as part of a national network to ensure that the

information developed by the grant or contract recipient is readily

available to the entire educational community.

‘‘SEC. 7135. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE

PLANNING AND DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary may make grants to Indian

tribes, and tribal organizations approved by Indian tribes, to plan

and develop a centralized tribal administrative entity to—

‘‘(1) coordinate all education programs operated by the

tribe or within the territorial jurisdiction of the tribe;

‘‘(2) develop education codes for schools within the territorial jurisdiction of the tribe;

‘‘(3) provide support services and technical assistance to

schools serving children of the tribe; and

‘‘(4) perform child-find screening services for the preschoolaged children of the tribe to—

‘‘(A) ensure placement in appropriate educational facilities; and

‘‘(B) coordinate the provision of any needed special

services for conditions such as disabilities and English

language skill deficiencies.

‘‘(b) PERIOD OF GRANT.—Each grant awarded under this section

may be awarded for a period of not more than 3 years. Such

grant may be renewed upon the termination of the initial period

of the grant if the grant recipient demonstrates to the satisfaction

of the Secretary that renewing the grant for an additional 3-year

period is necessary to carry out the objectives of the grant described

in subsection (c)(2)(A).

‘‘(c) APPLICATION FOR GRANT.—

‘‘(1) IN GENERAL.—Each Indian tribe and tribal organization

desiring a grant under this section shall submit an application

to the Secretary at such time, in such manner, containing

such information, and consistent with such criteria, as the

Secretary may prescribe in regulations.

‘‘(2) CONTENTS.—Each application described in paragraph

(1) shall contain—

20 USC 7455.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1929

‘‘(A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant;

and ‘‘(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance

is sought and for determining whether such objectives are

achieved.

‘‘(3) APPROVAL.—The Secretary may approve an application

submitted by a tribe or tribal organization pursuant to this

section only if the Secretary is satisfied that such application,

including any documentation submitted with the application— ‘‘(A) demonstrates that the applicant has consulted

with other education entities, if any, within the territorial

jurisdiction of the applicant who will be affected by the

activities to be conducted under the grant; ‘‘(B) provides for consultation with such other education

entities in the operation and evaluation of the activities

conducted under the grant; and ‘‘(C) demonstrates that there will be adequate resources

provided under this section or from other sources to complete the activities for which assistance is sought, except

that the availability of such other resources shall not be

a basis for disapproval of such application. ‘‘(d) RESTRICTION.—A tribe may not receive funds under this

section if such tribe receives funds under section 1144 of the Education Amendments of 1978.

‘‘SEC. 7136. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR

ADULT INDIANS.

‘‘(a) IN GENERAL.—The Secretary shall make grants to State

educational agencies, local educational agencies, and Indian tribes,

institutions, and organizations—

‘‘(1) to support planning, pilot, and demonstration projects

that are designed to test and demonstrate the effectiveness

of programs for improving employment and educational

opportunities for adult Indians;

‘‘(2) to assist in the establishment and operation of programs that are designed to stimulate—

‘‘(A) the provision of basic literacy opportunities for

all nonliterate Indian adults; and

‘‘(B) the provision of opportunities to all Indian adults

to qualify for a secondary school diploma, or its recognized

equivalent, in the shortest period of time feasible;

‘‘(3) to support a major research and development program

to develop more innovative and effective techniques for

achieving literacy and secondary school equivalency for Indians;

‘‘(4) to provide for basic surveys and evaluations to define

accurately the extent of the problems of illiteracy and lack

of secondary school completion among Indians; and

‘‘(5) to encourage the dissemination of information and

materials relating to, and the evaluation of, the effectiveness

of education programs that may offer educational opportunities

to Indian adults.

‘‘(b) EDUCATIONAL SERVICES.—The Secretary may make grants

to Indian tribes, institutions, and organizations to develop and

establish educational services and programs specifically designed

to improve educational opportunities for Indian adults.

20 USC 7456.

115 STAT. 1930 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(c) INFORMATION AND EVALUATION.—The Secretary may make

grants to, and enter into contracts with, public agencies and institutions and Indian tribes, institutions, and organizations, for— ‘‘(1) the dissemination of information concerning educational programs, services, and resources available to Indian

adults, including evaluations of the programs, services, and

resources; and

‘‘(2) the evaluation of federally assisted programs in which

Indian adults may participate to determine the effectiveness

of the programs in achieving the purposes of the programs

with respect to Indian adults.

‘‘(d) APPLICATIONS.— ‘‘(1) IN GENERAL.—Each entity desiring a grant or contract

under this section shall submit to the Secretary an application

at such time, in such manner, containing such information,

and consistent with such criteria, as the Secretary may prescribe in regulations.

‘‘(2) CONTENTS.—Each application described in paragraph

(1) shall contain—

‘‘(A) a statement describing the activities to be conducted and the objectives to be achieved under the grant

or contract; and

‘‘(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance

is sought and determining whether the objectives of the

grant or contract are achieved.

‘‘(3) APPROVAL.—The Secretary shall not approve an

application described in paragraph (1) unless the Secretary

determines that such application, including any documentation

submitted with the application, indicates that—

‘‘(A) there has been adequate participation, by the

individuals to be served and the appropriate tribal communities, in the planning and development of the activities

to be assisted; and

‘‘(B) the individuals and tribal communities referred

to in subparagraph (A) will participate in the operation

and evaluation of the activities to be assisted.

‘‘(4) PRIORITY.—In approving applications under paragraph

(1), the Secretary shall give priority to applications from Indian

educational agencies, organizations, and institutions.

‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the

funds made available to an entity through a grant or contract

made or entered into under this section for a fiscal year may

be used to pay for administrative costs.

‘‘Subpart 4—Federal Administration

‘‘SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

‘‘(a) MEMBERSHIP.—There is established a National Advisory

Council on Indian Education (hereafter in this section referred

to as the ‘Council’), which shall— ‘‘(1) consist of 15 Indian members, who shall be appointed

by the President from lists of nominees furnished, from time

to time, by Indian tribes and organizations; and

‘‘(2) represent different geographic areas of the United

States.

‘‘(b) DUTIES.—The Council shall—

Establishment.

20 USC 7471.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1931

‘‘(1) advise the Secretary concerning the funding and

administration (including the development of regulations and

administrative policies and practices) of any program, including

any program established under this part—

‘‘(A) with respect to which the Secretary has jurisdiction; and

‘‘(B)(i) that includes Indian children or adults as

participants; or

‘‘(ii) that may benefit Indian children or adults;

‘‘(2) make recommendations to the Secretary for filling

the position of Director of Indian Education whenever a vacancy

occurs; and

‘‘(3) submit to Congress, not later than June 30 of each

year, a report on the activities of the Council, including—

‘‘(A) any recommendations that the Council considers

appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and

‘‘(B) recommendations concerning the funding of any

program described in subparagraph (A).

‘‘SEC. 7142. PEER REVIEW.

‘‘The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2 or subpart 3.

‘‘SEC. 7143. PREFERENCE FOR INDIAN APPLICANTS.

‘‘In making grants and entering into contracts or cooperative

agreements under subpart 2 or subpart 3, the Secretary shall give

a preference to Indian tribes, organizations, and institutions of

higher education under any program with respect to which Indian

tribes, organizations, and institutions are eligible to apply for

grants, contracts, or cooperative agreements.

‘‘SEC. 7144. MINIMUM GRANT CRITERIA.

‘‘The Secretary may not approve an application for a grant,

contract, or cooperative agreement under subpart 2 or subpart

3 unless the application is for a grant, contract, or cooperative

agreement that is—

‘‘(1) of sufficient size, scope, and quality to achieve the

purpose or objectives of such grant, contract, or cooperative

agreement; and

‘‘(2) based on relevant research findings.

‘‘Subpart 5—Definitions; Authorizations of

Appropriations

‘‘SEC. 7151. DEFINITIONS.

‘‘For the purposes of this part:

‘‘(1) ADULT.—The term ‘adult’ means an individual who—

‘‘(A) has attained the age of 16 years; or

‘‘(B) has attained an age that is greater than the age

of compulsory school attendance under an applicable State

law.

‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free public education’ means education that is—

‘‘(A) provided at public expense, under public supervision and direction, and without tuition charge; and

20 USC 7491.

20 USC 7474.

20 USC 7473.

20 USC 7472.

Reports.

Deadline.

115 STAT. 1932 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) provided as elementary or secondary education

in the applicable State or to preschool children.

‘‘(3) INDIAN.—The term ‘Indian’ means an individual who

is— ‘‘(A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including— ‘‘(i) any tribe or band terminated since 1940; and

‘‘(ii) any tribe or band recognized by the State

in which the tribe or band resides;

‘‘(B) a descendant, in the first or second degree, of

an individual described in subparagraph (A); ‘‘(C) considered by the Secretary of the Interior to

be an Indian for any purpose; ‘‘(D) an Eskimo, Aleut, or other Alaska Native; or

‘‘(E) a member of an organized Indian group that

received a grant under the Indian Education Act of 1988

as in effect the day preceding the date of enactment of

the Improving America’s Schools Act of 1994.

‘‘SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.

‘‘(a) SUBPART 1.—For the purpose of carrying out subpart 1, there are authorized to be appropriated $96,400,000 for fiscal year

2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. ‘‘(b) SUBPARTS 2 AND 3.—For the purpose of carrying out sub- parts 2 and 3, there are authorized to be appropriated $24,000,000

for fiscal year 2002 and such sums as may be necessary for each

of the 5 succeeding fiscal years.

‘‘PART B—NATIVE HAWAIIAN EDUCATION

‘‘SEC. 7201. SHORT TITLE.

‘‘This part may be cited as the ‘Native Hawaiian Education

Act’.

‘‘SEC. 7202. FINDINGS.

‘‘Congress finds the following: ‘‘(1) Native Hawaiians are a distinct and unique indigenous

people with a historical continuity to the original inhabitants

of the Hawaiian archipelago, whose society was organized as

a nation and internationally recognized as a nation by the

United States, Britain, France, and Japan, as evidenced by

treaties governing friendship, commerce, and navigation. ‘‘(2) At the time of the arrival of the first nonindigenous

people in Hawaii in 1778, the Native Hawaiian people lived

in a highly organized, self-sufficient subsistence social system

based on a communal land tenure system with a sophisticated

language, culture, and religion. ‘‘(3) A unified monarchal government of the Hawaiian

Islands was established in 1810 under Kamehameha I, the

first King of Hawaii. ‘‘(4) From 1826 until 1893, the United States recognized

the sovereignty and independence of the Kingdom of Hawaii,

which was established in 1810 under Kamehameha I, extended

full and complete diplomatic recognition to the Kingdom of

Hawaii, and entered into treaties and conventions with the

Kingdom of Hawaii to govern friendship, commerce and navigation in 1826, 1842, 1849, 1875, and 1887.

20 USC 7512.

20 USC 7511.

Native Hawaiian

Education Act.

20 USC 7492.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1933

‘‘(5) In 1893, the sovereign, independent, internationally

recognized, and indigenous government of Hawaii, the Kingdom

of Hawaii, was overthrown by a small group of non-Hawaiians,

including United States citizens, who were assisted in their

efforts by the United States Minister, a United States naval

representative, and armed naval forces of the United States.

Because of the participation of United States agents and citizens in the overthrow of the Kingdom of Hawaii, in 1993

the United States apologized to Native Hawaiians for the overthrow and the deprivation of the rights of Native Hawaiians

to self-determination through Public Law 103–150 (107 Stat.

1510).

‘‘(6) In 1898, the joint resolution entitled ‘Joint Resolution

to provide for annexing the Hawaiian Islands to the United

States’, approved July 7, 1898 (30 Stat. 750), ceded absolute

title of all lands held by the Republic of Hawaii, including

the government and crown lands of the former Kingdom of

Hawaii, to the United States, but mandated that revenue generated from the lands be used ‘solely for the benefit of the

inhabitants of the Hawaiian Islands for educational and other

public purposes’.

‘‘(7) By 1919, the Native Hawaiian population had declined

from an estimated 1,000,000 in 1778 to an alarming 22,600,

and in recognition of this severe decline, Congress enacted

the Hawaiian Homes Commission Act, 1920 (42 Stat. 108),

which designated approximately 200,000 acres of ceded public

lands for homesteading by Native Hawaiians.

‘‘(8) Through the enactment of the Hawaiian Homes

Commission Act, 1920, Congress affirmed the special relationship between the United States and the Native Hawaiians,

which was described by then Secretary of the Interior Franklin

K. Lane, who said: ‘One thing that impressed me . . . was

the fact that the natives of the island who are our wards,

I should say, and for whom in a sense we are trustees, are

falling off rapidly in numbers and many of them are in poverty.’.

‘‘(9) In 1938, Congress again acknowledged the unique

status of the Hawaiian people by including in the Act of June

20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b–

1, 392b, 392c, 396, 396a), a provision to lease lands within

the National Parks extension to Native Hawaiians and to

permit fishing in the area ‘only by native Hawaiian residents

of said area or of adjacent villages and by visitors under their

guidance.’.

‘‘(10) Under the Act entitled ‘An Act to provide for the

admission of the State of Hawaii into the Union’, approved

March 18, 1959 (73 Stat. 4), the United States transferred

responsibility for the administration of the Hawaiian Home

Lands to the State of Hawaii but reaffirmed the trust relationship between the United States and the Hawaiian people by

retaining the exclusive power to enforce the trust, including

the power to approve land exchanges and amendments to such

Act affecting the rights of beneficiaries under such Act.

‘‘(11) In 1959, under the Act entitled ‘An Act to provide

for the admission of the State of Hawaii into the Union’, the

United States also ceded to the State of Hawaii title to the

public lands formerly held by the United States, but mandated

that such lands be held by the State ‘in public trust’ and

115 STAT. 1934 PUBLIC LAW 107–110—JAN. 8, 2002

reaffirmed the special relationship that existed between the

United States and the Hawaiian people by retaining the legal

responsibility to enforce the public trust responsibility of the

State of Hawaii for the betterment of the conditions of Native

Hawaiians, as defined in section 201(a) of the Hawaiian Homes

Commission Act, 1920.

‘‘(12) The United States has recognized and reaffirmed

that—

‘‘(A) Native Hawaiians have a cultural, historic, and

land-based link to the indigenous people who exercised

sovereignty over the Hawaiian Islands, and that group

has never relinquished its claims to sovereignty or its sovereign lands;

‘‘(B) Congress does not extend services to Native

Hawaiians because of their race, but because of their

unique status as the indigenous people of a once sovereign

nation as to whom the United States has established a

trust relationship;

‘‘(C) Congress has also delegated broad authority to

administer a portion of the Federal trust responsibility

to the State of Hawaii;

‘‘(D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives;

and

‘‘(E) the aboriginal, indigenous people of the United

States have—

‘‘(i) a continuing right to autonomy in their internal

affairs; and

‘‘(ii) an ongoing right of self-determination and

self-governance that has never been extinguished.

‘‘(13) The political relationship between the United States

and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion

of Native Hawaiians in—

‘‘(A) the Native American Programs Act of 1974 (42

U.S.C. 2991 et seq.);

‘‘(B) the American Indian Religious Freedom Act (42

U.S.C. 1996);

‘‘(C) the National Museum of the American Indian

Act (20 U.S.C. 80q et seq.);

‘‘(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);

‘‘(E) the National Historic Preservation Act (16 U.S.C.

470 et seq.);

‘‘(F) the Native American Languages Act (25 U.S.C.

2901 et seq.);

‘‘(G) the American Indian, Alaska Native, and Native

Hawaiian Culture and Art Development Act (20 U.S.C.

4401 et seq.);

‘‘(H) the Workforce Investment Act of 1998 (29 U.S.C.

2801 et seq.); and

‘‘(I) the Older Americans Act of 1965 (42 U.S.C. 3001

et seq.).

‘‘(14) In 1981, Congress instructed the Office of Education

to submit to Congress a comprehensive report on Native

Hawaiian education. The report, entitled the ‘Native Hawaiian

Educational Assessment Project’, was released in 1983 and

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1935

documented that Native Hawaiians scored below parity with

regard to national norms on standardized achievement tests,

were disproportionately represented in many negative social

and physical statistics indicative of special educational needs,

and had educational needs that were related to their unique

cultural situation, such as different learning styles and low

self-image.

‘‘(15) In recognition of the educational needs of Native

Hawaiians, in 1988, Congress enacted title IV of the Augustus

F. Hawkins-Robert T. Stafford Elementary and Secondary

School Improvement Amendments of 1988 (102 Stat. 130) to

authorize and develop supplemental educational programs to

address the unique conditions of Native Hawaiians.

‘‘(16) In 1993, the Kamehameha Schools Bishop Estate

released a 10-year update of findings of the Native Hawaiian

Educational Assessment Project, which found that despite the

successes of the programs established under title IV of the

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

the same educational needs still existed for Native Hawaiians.

Subsequent reports by the Kamehameha Schools Bishop Estate

and other organizations have generally confirmed those

findings. For example—

‘‘(A) educational risk factors continue to start even

before birth for many Native Hawaiian children,

including—

‘‘(i) late or no prenatal care;

‘‘(ii) high rates of births by Native Hawaiian

women who are unmarried; and

‘‘(iii) high rates of births to teenage parents;

‘‘(B) Native Hawaiian students continue to begin their

school experience lagging behind other students in terms

of readiness factors such as vocabulary test scores;

‘‘(C) Native Hawaiian students continue to score below

national norms on standardized education achievement

tests at all grade levels;

‘‘(D) both public and private schools continue to show

a pattern of lower percentages of Native Hawaiian students

in the uppermost achievement levels and in gifted and

talented programs;

‘‘(E) Native Hawaiian students continue to be overrepresented among students qualifying for special education programs provided to students with learning disabilities, mild mental retardation, emotional impairment, and

other such disabilities;

‘‘(F) Native Hawaiians continue to be underrepresented

in institutions of higher education and among adults who

have completed four or more years of college;

‘‘(G) Native Hawaiians continue to be disproportionately represented in many negative social and physical

statistics indicative of special educational needs, as demonstrated by the fact that—

‘‘(i) Native Hawaiian students are more likely to

be retained in grade level and to be excessively absent

in secondary school;

115 STAT. 1936 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) Native Hawaiian students have the highest

rates of drug and alcohol use in the State of Hawaii;

and

‘‘(iii) Native Hawaiian children continue to be disproportionately victimized by child abuse and neglect;

and

‘‘(H) Native Hawaiians now comprise over 23 percent

of the students served by the State of Hawaii Department

of Education, and there are and will continue to be geographically rural, isolated areas with a high Native

Hawaiian population density.

‘‘(17) In the 1998 National Assessment of Educational

Progress, Hawaiian fourth-graders ranked 39th among groups

of students from 39 States in reading. Given that Hawaiian

students rank among the lowest groups of students nationally

in reading, and that Native Hawaiian students rank the lowest

among Hawaiian students in reading, it is imperative that

greater focus be placed on beginning reading and early education and literacy in Hawaii.

‘‘(18) The findings described in paragraphs (16) and (17)

are inconsistent with the high rates of literacy and integration

of traditional culture and Western education historically

achieved by Native Hawaiians through a Hawaiian languagebased public school system established in 1840 by Kamehameha

III.

‘‘(19) Following the overthrow of the Kingdom of Hawaii

in 1893, Hawaiian medium schools were banned. After annexation, throughout the territorial and statehood period of Hawaii,

and until 1986, use of the Hawaiian language as an instructional medium in education in public schools was declared

unlawful. The declaration caused incalculable harm to a culture

that placed a very high value on the power of language, as

exemplified in the traditional saying: ‘I ka ‘o ̄lelo no ̄ ke ola;

I ka ‘o ̄lelo no ̄ ka make. In the language rests life; In the

language rests death.’.

‘‘(20) Despite the consequences of over 100 years of nonindigenous influence, the Native Hawaiian people are determined to preserve, develop, and transmit to future generations

their ancestral territory and their cultural identity in accordance with their own spiritual and traditional beliefs, customs,

practices, language, and social institutions.

‘‘(21) The State of Hawaii, in the constitution and statutes

of the State of Hawaii—

‘‘(A) reaffirms and protects the unique right of the

Native Hawaiian people to practice and perpetuate their

culture and religious customs, beliefs, practices, and language;

‘‘(B) recognizes the traditional language of the Native

Hawaiian people as an official language of the State of

Hawaii, which may be used as the language of instruction

for all subjects and grades in the public school system;

and

‘‘(C) promotes the study of the Hawaiian culture, language, and history by providing a Hawaiian education program and using community expertise as a suitable and

essential means to further the program.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1937

‘‘SEC. 7203. PURPOSES.

‘‘The purposes of this part are to—

‘‘(1) authorize and develop innovative educational programs

to assist Native Hawaiians;

‘‘(2) provide direction and guidance to appropriate Federal,

State, and local agencies to focus resources, including resources

made available under this part, on Native Hawaiian education,

and to provide periodic assessment and data collection;

‘‘(3) supplement and expand programs and authorities in

the area of education to further the purposes of this title;

and

‘‘(4) encourage the maximum participation of Native Hawaiians in planning and management of Native Hawaiian education programs.

‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND

COUNCILS.

‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDUCATION

COUNCIL.—In order to better effectuate the purposes of this part

through the coordination of educational and related services and

programs available to Native Hawaiians, including those programs

receiving funding under this part, the Secretary is authorized to

establish a Native Hawaiian Education Council (hereafter in this

part referred to as the ‘Education Council’).

‘‘(b) COMPOSITION OF EDUCATION COUNCIL.—The Education

Council shall consist of not more than 21 members, unless otherwise

determined by a majority of the council.

‘‘(c) CONDITIONS AND TERMS.—

‘‘(1) CONDITIONS.—At least 10 members of the Education

Council shall be Native Hawaiian education service providers

and 10 members of the Education Council shall be Native

Hawaiians or Native Hawaiian education consumers. In addition, a representative of the State of Hawaii Office of Hawaiian

Affairs shall serve as a member of the Education Council.

‘‘(2) APPOINTMENTS.—The members of the Education

Council shall be appointed by the Secretary based on recommendations received from the Native Hawaiian community.

‘‘(3) TERMS.—Members of the Education Council shall serve

for staggered terms of 3 years, except as provided in paragraph

(4).

‘‘(4) COUNCIL DETERMINATIONS.—Additional conditions and

terms relating to membership on the Education Council,

including term lengths and term renewals, shall be determined

by a majority of the Education Council.

‘‘(d) NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.—The Secretary shall make a direct grant to the Education Council to carry

out the following activities:

‘‘(1) Coordinate the educational and related services and

programs available to Native Hawaiians, including the programs assisted under this part.

‘‘(2) Assess the extent to which such services and programs

meet the needs of Native Hawaiians, and collect data on the

status of Native Hawaiian education.

‘‘(3) Provide direction and guidance, through the issuance

of reports and recommendations, to appropriate Federal, State,

and local agencies in order to focus and improve the use of

resources, including resources made available under this part,

20 USC 7514.

20 USC 7513.

115 STAT. 1938 PUBLIC LAW 107–110—JAN. 8, 2002

relating to Native Hawaiian education, and serve, where appropriate, in an advisory capacity. ‘‘(4) Make direct grants, if such grants enable the Education

Council to carry out the duties of the Education Council, as

described in paragraphs (1) through (3).

‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION COUNCIL.— ‘‘(1) IN GENERAL.—The Education Council shall provide

copies of any reports and recommendations issued by the Education Council, including any information that the Education

Council provides to the Secretary pursuant to subsection (i),

to the Secretary, the Committee on Education and the

Workforce of the House of Representatives, and the Committee

on Indian Affairs of the Senate. ‘‘(2) ANNUAL REPORT.—The Education Council shall prepare

and submit to the Secretary an annual report on the Education

Council’s activities. ‘‘(3) ISLAND COUNCIL SUPPORT AND ASSISTANCE.—The Education Council shall provide such administrative support and

financial assistance to the island councils established pursuant

to subsection (f) as the Secretary determines to be appropriate,

in a manner that supports the distinct needs of each island

council.

‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—

‘‘(1) IN GENERAL.—In order to better effectuate the purposes

of this part and to ensure the adequate representation of island

and community interests within the Education Council, the

Secretary is authorized to facilitate the establishment of Native

Hawaiian education island councils (hereafter in this part

referred to as an ‘island council’) for the following islands:

‘‘(A) Hawaii.

‘‘(B) Maui.

‘‘(C) Molokai.

‘‘(D) Lanai.

‘‘(E) Oahu.

‘‘(F) Kauai.

‘‘(G) Niihau.

‘‘(2) COMPOSITION OF ISLAND COUNCILS.—Each island

council shall consist of parents, students, and other community

members who have an interest in the education of Native

Hawaiians, and shall be representative of individuals concerned

with the educational needs of all age groups, from children

in preschool through adults. At least three-fourths of the members of each island council shall be Native Hawaiians.

‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION

COUNCIL AND ISLAND COUNCILS.—The Education Council and each

island council shall meet at the call of the chairperson of the

appropriate council, or upon the request of the majority of the

members of the appropriate council, but in any event not less

often than four times during each calendar year. The provisions

of the Federal Advisory Committee Act shall not apply to the

Education Council and each island council. ‘‘(h) COMPENSATION.—Members of the Education Council and

each island council shall not receive any compensation for service

on the Education Council and each island council, respectively.

‘‘(i) REPORT.—Not later than 4 years after the date of enactment

of the No Child Left Behind Act of 2001, the Secretary shall prepare

and submit to the Committee on Education and the Workforce

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1939

of the House of Representatives and the Committee on Indian

Affairs of the Senate a report that summarizes the annual reports

of the Education Council, describes the allocation and use of funds

under this part, and contains recommendations for changes in Federal, State, and local policy to advance the purposes of this part.

‘‘SEC. 7205. PROGRAM AUTHORIZED.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) GRANTS AND CONTRACTS.—The Secretary is authorized

to make direct grants to, or enter into contracts with—

‘‘(A) Native Hawaiian educational organizations;

‘‘(B) Native Hawaiian community-based organizations;

‘‘(C) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction

in the Native Hawaiian language; and

‘‘(D) consortia of the organizations, agencies, and

institutions described in subparagraphs (A) through (C),

to carry out programs that meet the purposes of this part.

‘‘(2) PRIORITIES.—In awarding grants or contracts to carry

out activities described in paragraph (3), the Secretary shall

give priority to entities proposing projects that are designed

to address—

‘‘(A) beginning reading and literacy among students

in kindergarten through third grade;

‘‘(B) the needs of at-risk children and youth;

‘‘(C) needs in fields or disciplines in which Native

Hawaiians are underemployed; and

‘‘(D) the use of the Hawaiian language in instruction.

‘‘(3) AUTHORIZED ACTIVITIES.—Activities provided through

programs carried out under this part may include—

‘‘(A) the development and maintenance of a statewide

Native Hawaiian early education and care system to provide a continuum of services for Native Hawaiian children

from the prenatal period of the children through age 5;

‘‘(B) the operation of family-based education centers

that provide such services as—

‘‘(i) programs for Native Hawaiian parents and

their infants from the prenatal period of the infants

through age 3;

‘‘(ii) preschool programs for Native Hawaiians; and

‘‘(iii) research on, and development and assessment

of, family-based, early childhood, and preschool programs for Native Hawaiians;

‘‘(C) activities that enhance beginning reading and literacy in either the Hawaiian or the English language

among Native Hawaiian students in kindergarten through

third grade and assistance in addressing the distinct features of combined English and Hawaiian literacy for

Hawaiian speakers in fifth and sixth grade;

‘‘(D) activities to meet the special needs of Native

Hawaiian students with disabilities, including—

‘‘(i) the identification of such students and their

needs;

‘‘(ii) the provision of support services to the families

of those students; and

20 USC 7515.

115 STAT. 1940 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(iii) other activities consistent with the requirements of the Individuals with Disabilities Education

Act;

‘‘(E) activities that address the special needs of Native

Hawaiian students who are gifted and talented, including—

‘‘(i) educational, psychological, and developmental

activities designed to assist in the educational progress

of those students; and

‘‘(ii) activities that involve the parents of those

students in a manner designed to assist in the students’

educational progress;

‘‘(F) the development of academic and vocational curricula to address the needs of Native Hawaiian children

and adults, including curriculum materials in the Hawaiian

language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture;

‘‘(G) professional development activities for educators,

including—

‘‘(i) the development of programs to prepare

prospective teachers to address the unique needs of

Native Hawaiian students within the context of Native

Hawaiian culture, language, and traditions;

‘‘(ii) in-service programs to improve the ability of

teachers who teach in schools with concentrations of

Native Hawaiian students to meet those students’

unique needs; and

‘‘(iii) the recruitment and preparation of Native

Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians,

to become teachers;

‘‘(H) the operation of community-based learning centers

that address the needs of Native Hawaiian families and

communities through the coordination of public and private

programs and services, including—

‘‘(i) preschool programs;

‘‘(ii) after-school programs;

‘‘(iii) vocational and adult education programs; and

‘‘(iv) programs that recognize and support the

unique cultural and educational needs of Native

Hawaiian children, and incorporate appropriately

qualified Native Hawaiian elders and seniors;

‘‘(I) activities, including program co-location, to enable

Native Hawaiians to enter and complete programs of postsecondary education, including—

‘‘(i) provision of full or partial scholarships for

undergraduate or graduate study that are awarded

to students based on their academic promise and financial need, with a priority, at the graduate level, given

to students entering professions in which Native

Hawaiians are underrepresented;

‘‘(ii) family literacy services;

‘‘(iii) counseling and support services for students

receiving scholarship assistance;

‘‘(iv) counseling and guidance for Native Hawaiian

secondary students who have the potential to receive

scholarships; and

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1941

‘‘(v) faculty development activities designed to promote the matriculation of Native Hawaiian students;

‘‘(J) research and data collection activities to determine

the educational status and needs of Native Hawaiian children and adults;

‘‘(K) other research and evaluation activities related

to programs carried out under this part; and

‘‘(L) other activities, consistent with the purposes of

this part, to meet the educational needs of Native Hawaiian

children and adults.

‘‘(4) SPECIAL RULE AND CONDITIONS.— ‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—The Secretary

shall not establish a policy under this section that prevents

a Native Hawaiian student enrolled at a 2- or 4-year degree

granting institution of higher education outside of the State

of Hawaii from receiving a scholarship pursuant to paragraph (3)(I). ‘‘(B) SCHOLARSHIP CONDITIONS.—The Secretary shall

establish conditions for receipt of a scholarship awarded

under paragraph (3)(I). The conditions shall require that

an individual seeking such a scholarship enter into a contract to provide professional services, either during the

scholarship period or upon completion of a program of

postsecondary education, to the Native Hawaiian community.

‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 percent of funds

provided to a recipient of a grant or contract under subsection

(a) for any fiscal year may be used for administrative purposes.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out this section and section 7204 such sums as may

be necessary for fiscal year 2002 and each of the 5 succeeding

fiscal years.

‘‘(2) RESERVATION.—Of the funds appropriated under this

subsection, the Secretary shall reserve $500,000 for fiscal year

2002 and each of the 5 succeeding fiscal years to make a

direct grant to the Education Council to carry out section

7204.

‘‘(3) AVAILABILITY.—Funds appropriated under this subsection shall remain available until expended.

‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS.

‘‘(a) APPLICATION REQUIRED.—No grant may be made under

this part, and no contract may be entered into under this part,

unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing

such information as the Secretary may determine to be necessary

to carry out the provisions of this part.

‘‘(b) SPECIAL RULE.—Each applicant for a grant or contract

under this part shall submit the application for comment to the

local educational agency serving students who will participate in

the program to be carried out under the grant or contract, and

include those comments, if any, with the application to the Secretary.

‘‘SEC. 7207. DEFINITIONS.

‘‘In this part:

20 USC 7517.

20 USC 7516.

115 STAT. 1942 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(1) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ means

any individual who is—

‘‘(A) a citizen of the United States; and

‘‘(B) a descendant of the aboriginal people who, prior

to 1778, occupied and exercised sovereignty in the area

that now comprises the State of Hawaii, as evidenced by—

‘‘(i) genealogical records;

‘‘(ii) Kupuna (elders) or Kamaaina (long-term

community residents) verification; or

‘‘(iii) certified birth records.

‘‘(2) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION.—

The term ‘Native Hawaiian community-based organization’

means any organization that is composed primarily of Native

Hawaiians from a specific community and that assists in the

social, cultural, and educational development of Native Hawaiians in that community.

‘‘(3) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The

term ‘Native Hawaiian educational organization’ means a private nonprofit organization that—

‘‘(A) serves the interests of Native Hawaiians;

‘‘(B) has Native Hawaiians in substantive and policymaking positions within the organization;

‘‘(C) incorporates Native Hawaiian perspective, values,

language, culture, and traditions into the core function

of the organization;

‘‘(D) has demonstrated expertise in the education of

Native Hawaiian youth; and

‘‘(E) has demonstrated expertise in research and program development.

‘‘(4) NATIVE HAWAIIAN LANGUAGE.—The term ‘Native

Hawaiian language’ means the single Native American language indigenous to the original inhabitants of the State of

Hawaii.

‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The term ‘Native

Hawaiian organization’ means a private nonprofit organization

that—

‘‘(A) serves the interests of Native Hawaiians;

‘‘(B) has Native Hawaiians in substantive and policymaking positions within the organization; and

‘‘(C) is recognized by the Governor of Hawaii for the

purpose of planning, conducting, or administering programs

(or portions of programs) for the benefit of Native Hawaiians.

‘‘(6) OFFICE OF HAWAIIAN AFFAIRS.—The term ‘Office of

Hawaiian Affairs’ means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.

‘‘PART C—ALASKA NATIVE EDUCATION

‘‘SEC. 7301. SHORT TITLE.

‘‘This part may be cited as the ‘Alaska Native Educational

Equity, Support, and Assistance Act’.

‘‘SEC. 7302. FINDINGS.

‘‘Congress finds and declares the following:

20 USC 7542.

20 USC 7541.

Alaska Native

Educational

Equity, Support,

and Assistance

Act.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1943

‘‘(1) The attainment of educational success is critical to

the betterment of the conditions, long-term well-being, and

preservation of the culture of Alaska Natives. ‘‘(2) It is the policy of the Federal Government to encourage

the maximum participation by Alaska Natives in the planning

and the management of Alaska Native education programs. ‘‘(3) Alaska Native children enter and exit school with

serious educational handicaps. ‘‘(4) The educational achievement of Alaska Native children

is far below national norms. Native performance on standardized tests is low, Native student dropout rates are high, and

Natives are significantly underrepresented among holders of

baccalaureate degrees in the State of Alaska. As a result,

Native students are being denied their opportunity to become

full participants in society by grade school and high school

educations that are condemning an entire generation to an

underclass status and a life of limited choices. ‘‘(5) The programs authorized in this part, combined with

expanded Head Start, infant learning, and early childhood education programs, and parent education programs, are essential

if educational handicaps are to be overcome. ‘‘(6) The sheer magnitude of the geographic barriers to

be overcome in delivering educational services in rural Alaska

and Alaska villages should be addressed through the development and implementation of innovative, model programs in

a variety of areas. ‘‘(7) Native children should be afforded the opportunity

to begin their formal education on a par with their non-Native

peers. The Federal Government should lend support to efforts

developed by and undertaken within the Alaska Native community to improve educational opportunity for all students.

‘‘SEC. 7303. PURPOSES.

‘‘The purposes of this part are as follows: ‘‘(1) To recognize the unique educational needs of Alaska

Natives. ‘‘(2) To authorize the development of supplemental educational programs to benefit Alaska Natives. ‘‘(3) To supplement existing programs and authorities in

the area of education to further the purposes of this part. ‘‘(4) To provide direction and guidance to appropriate Federal, State and local agencies to focus resources, including

resources made available under this part, on meeting the educational needs of Alaska Natives.

‘‘SEC. 7304. PROGRAM AUTHORIZED.

‘‘(a) GENERAL AUTHORITY.— ‘‘(1) GRANTS AND CONTRACTS.—The Secretary is authorized

to make grants to, or enter into contracts with, Alaska Native

organizations, educational entities with experience in developing or operating Alaska Native programs or programs of

instruction conducted in Alaska Native languages, cultural and

community-based organizations with experience in developing

or operating programs to benefit Alaska Natives, and consortia

of organizations and entities described in this paragraph to

carry out programs that meet the purposes of this part.

‘‘(2) PERMISSIBLE ACTIVITIES.—Activities provided through

programs carried out under this part may include the following:

20 USC 7544.

20 USC 7543.

115 STAT. 1944 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) The development and implementation of plans,

methods, and strategies to improve the education of Alaska

Natives.

‘‘(B) The development of curricula and educational programs that address the educational needs of Alaska Native

students, including the following:

‘‘(i) Curriculum materials that reflect the cultural

diversity or the contributions of Alaska Natives.

‘‘(ii) Instructional programs that make use of

Native Alaskan languages.

‘‘(iii) Networks that introduce successful programs,

materials, and techniques to urban and rural schools.

‘‘(C) Professional development activities for educators,

including the following:

‘‘(i) Programs to prepare teachers to address the

cultural diversity and unique needs of Alaska Native

students.

‘‘(ii) In-service programs to improve the ability of

teachers to meet the unique needs of Alaska Native

students.

‘‘(iii) Recruitment and preparation of teachers who

are Alaska Native, reside in communities with high

concentrations of Alaska Native students, or are likely

to succeed as teachers in isolated, rural communities

and engage in cross-cultural instruction in Alaska.

‘‘(D) The development and operation of home instruction programs for Alaska Native preschool children, to

ensure the active involvement of parents in their children’s

education from the earliest ages.

‘‘(E) Family literacy services.

‘‘(F) The development and operation of student enrichment programs in science and mathematics that—

‘‘(i) are designed to prepare Alaska Native students

from rural areas, who are preparing to enter secondary

school, to excel in science and math;

‘‘(ii) provide appropriate support services to the

families of such students that are needed to enable

such students to benefit from the programs; and

‘‘(iii) may include activities that recognize and support the unique cultural and educational needs of

Alaska Native children, and incorporate appropriately

qualified Alaska Native elders and seniors.

‘‘(G) Research and data collection activities to determine the educational status and needs of Alaska Native

children and adults.

‘‘(H) Other research and evaluation activities related

to programs carried out under this part.

‘‘(I) Remedial and enrichment programs to assist

Alaska Native students in performing at a high level on

standardized tests.

‘‘(J) Education and training of Alaska Native students

enrolled in a degree program that will lead to certification

or licensing as teachers.

‘‘(K) Parenting education for parents and caregivers

of Alaska Native children to improve parenting and

caregiving skills (including skills relating to discipline and

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1945

cognitive development), including parenting education provided through in-home visitation of new mothers.

‘‘(L) Cultural education programs operated by the

Alaska Native Heritage Center and designed to share the

Alaska Native culture with students.

‘‘(M) A cultural exchange program operated by the

Alaska Humanities Forum and designed to share Alaska

Native culture with urban students in a rural setting,

which shall be known as the Rose Cultural Exchange Program.

‘‘(N) Activities carried out through Even Start programs carried out under subpart 3 of part B of title I

and Head Start programs carried out under the Head Start

Act, including the training of teachers for programs

described in this subparagraph.

‘‘(O) Other early learning and preschool programs.

‘‘(P) Dropout prevention programs such as the Cook

Inlet Tribal Council’s Partners for Success program.

‘‘(Q) An Alaska Initiative for Community Engagement

program.

‘‘(R) Career preparation activities to enable Alaska

Native children and adults to prepare for meaningful

employment, including programs providing tech-prep, mentoring, training, and apprenticeship activities.

‘‘(S) Provision of operational support and purchasing

of equipment, to develop regional vocational schools in rural

areas of Alaska, including boarding schools, for Alaska

Native students in grades 9 through 12, or at higher levels

of education, to provide the students with necessary

resources to prepare for skilled employment opportunities.

‘‘(T) Other activities, consistent with the purposes of

this part, to meet the educational needs of Alaska Native

children and adults.

‘‘(3) HOME INSTRUCTION PROGRAMS.—Home instruction programs for Alaska Native preschool children carried out under

paragraph (2)(D) may include the following:

‘‘(A) Programs for parents and their infants, from the

prenatal period of the infant through age 3.

‘‘(B) Preschool programs.

‘‘(C) Training, education, and support for parents in

such areas as reading readiness, observation, story telling,

and critical thinking.

‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than

5 percent of funds provided to a grantee under this section for

any fiscal year may be used for administrative purposes.

‘‘(c) PRIORITIES.—In awarding grants or contracts to carry out

activities described in subsection (a)(2), except for activities listed

in subsection (d)(2), the Secretary shall give priority to applications

from Alaska Native regional nonprofit organizations, or consortia

that include at least one Alaska Native regional nonprofit organization.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out this section such sums as may be necessary for

fiscal year 2002 and each of the 5 succeeding fiscal years.

115 STAT. 1946 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) AVAILABILITY OF FUNDS.—Of the funds appropriated

and made available under this section for a fiscal year, the

Secretary shall make available— ‘‘(A) not less than $1,000,000 to support activities

described in subsection (a)(2)(K);

‘‘(B) not less than $1,000,000 to support activities

described in subsection (a)(2)(L);

‘‘(C) not less than $1,000,000 to support activities

described in subsection (a)(2)(M);

‘‘(D) not less than $2,000,000 to support activities

described in subsection (a)(2)(P); and

‘‘(E) not less than $2,000,000 to support activities

described in subsection (a)(2)(Q).

‘‘SEC. 7305. ADMINISTRATIVE PROVISIONS.

‘‘(a) APPLICATION REQUIRED.—No grant may be made under

this part, and no contract may be entered into under this part,

unless the entity seeking the grant or contract submits an application to the Secretary in such form, in such manner, and containing

such information as the Secretary may determine necessary to

carry out the provisions of this part. ‘‘(b) APPLICATIONS.—A State educational agency or local educational agency may apply for an award under this part only

as part of a consortium involving an Alaska Native organization.

The consortium may include other eligible applicants.

‘‘(c) CONSULTATION REQUIRED.—Each applicant for an award

under this part shall provide for ongoing advice from and consultation with representatives of the Alaska Native community.

‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINATION.—Each

applicant for an award under this part shall inform each local

educational agency serving students who would participate in the

program to be carried out under the grant or contract about the

application.

‘‘SEC. 7306. DEFINITIONS.

‘‘In this part:

‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the

same meaning as the term ‘Native’ has in section 3(b) of the

Alaska Native Claims Settlement Act.

‘‘(2) ALASKA NATIVE ORGANIZATION.—The term ‘Alaska

Native organization’ means a federally recognized tribe, consortium of tribes, regional nonprofit Native association, and

another organization that—

‘‘(A) has or commits to acquire expertise in the education of Alaska Natives; and

‘‘(B) has Alaska Natives in substantive and policymaking positions within the organization.’’.

SEC. 702. CONFORMING AMENDMENTS.

(a) HIGHER EDUCATION ACT OF 1965.—Section 317(b) of the

Higher Education Act of 1965 (20 U.S.C. 1059d(b)) is amended— (1) in paragraph (1), by striking ‘‘section 9308’’ and

inserting ‘‘section 7306’’; and

(2) in paragraph (3), by striking ‘‘section 9212’’ and

inserting ‘‘section 7207’’.

(b) PUBLIC LAW 88–210.—Section 116 of Public Law 88–210

(as added by section 1 of Public Law 105–332 (112 Stat. 3076))

20 USC 2326.

20 USC 7546.

20 USC 7545.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1947

is amended by striking ‘‘section 9212 of the Native Hawaiian Education Act (20 U.S.C. 7912)’’ and inserting ‘‘section 7207 of the

Native Hawaiian Education Act’’. (c) CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION

ACT OF 1998.—Section 116(a)(5) of the Carl D. Perkins Vocational

and Technical Education Act of 1998 (20 U.S.C. 2326(a)(5)) is

amended by striking ‘‘section 9212’’ and all that follows and

inserting ‘‘section 7207 of the Native Hawaiian Education Act’’. (d) MUSEUM AND LIBRARY SERVICES ACT.—Section 261 of the

Museum and Library Services Act (20 U.S.C. 9161) is amended

by striking ‘‘section 9212 of the Native Hawaiian Education Act

(20 U.S.C. 7912)’’ and inserting ‘‘section 7207 of the Native

Hawaiian Education Act’’. (e) ACT OF APRIL 16, 1934.—Section 5 of the Act of April

16, 1934 (commonly known as the ‘‘Johnson-O’Malley Act’’) (88

Stat. 2213; 25 U.S.C. 456) is amended by striking ‘‘section

9104(c)(4)’’ and inserting ‘‘section 7114(c)(4)’’. (f) NATIVE AMERICAN LANGUAGES ACT.—Section 103 of the

Native American Languages Act (25 U.S.C. 2902) is amended—

(1) in paragraph (2), by striking ‘‘section 9161(4) of the

Elementary and Secondary Education Act of 1965 (20 U.S.C.

7881(4))’’ and inserting ‘‘section 7151(3) of the Elementary and

Secondary Education Act of 1965’’; and

(2) in paragraph (3), by striking ‘‘section 9212(1) of the

Elementary and Secondary Education Act of 1965 (20 U.S.C.

7912(1))’’ and inserting ‘‘section 7207 of the Elementary and

Secondary Education Act of 1965’’.

(g) WORKFORCE INVESTMENT ACT OF 1998.—Section 166(b)(3)

of the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)(3))

is amended by striking ‘‘paragraphs (1) and (3), respectively, of

section 9212 of the Native Hawaiian Education Act (20 U.S.C.

7912)’’ and inserting ‘‘section 7207 of the Native Hawaiian Education Act’’.

(h) ASSETS FOR INDEPENDENCE ACT.—Section 404(11) of the

Assets for Independence Act (42 U.S.C. 604 note) is amended by

striking ‘‘section 9212 of the Native Hawaiian Education Act (20

U.S.C. 7912)’’ and inserting ‘‘section 7207 of the Native Hawaiian

Education Act’’.

SEC. 703. SAVINGS PROVISIONS.

Funds appropriated for parts A, B, and C of title IX of the

Elementary and Secondary Education Act of 1965 (as in effect

on the day before the date of enactment of this Act) shall be

available for use under parts A, B, and C, respectively, of title

VII of such Act, as added by this section.

TITLE VIII—IMPACT AID PROGRAM

SEC. 801. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL

PROPERTY.

(a) FOUNDATION PAYMENTS FOR PRE-1995 RECIPIENTS.—Section

8002(h)(1) (20 U.S.C. 7702(h)(1)) is amended—

(1) in subparagraph (A), by striking ‘‘and was eligible to

receive a payment under section 2 of the Act of September

30, 1950’’ and inserting ‘‘and that filed, or has been determined

pursuant to statute to have filed a timely application, and

20 USC 7401

note.

115 STAT. 1948 PUBLIC LAW 107–110—JAN. 8, 2002

met, or has been determined pursuant to statute to meet,

the eligibility requirements of section 2(a)(1)(C) of the Act of

September 30, 1950’’; and

(2) in subparagraph (B), by striking ‘‘(or if the local educational agency was not eligible to receive a payment under

such section 2 for fiscal year 1994’’ and inserting ‘‘(or if the

local educational agency did not meet, or has not been determined pursuant to statute to meet, the eligibility requirements

of section 2(a)(1)(C) of the Act of September 30, 1950 for fiscal

year 1994’’.

(b) PAYMENTS FOR 1995 RECIPIENTS.—Section 8002(h)(2) (20

U.S.C. 7702(h)(2)) is amended— (1) in subparagraph (A), by adding at the end before the

period ‘‘, or whose application under this section for fiscal

year 1995 was determined pursuant to statute to be timely

filed for purposes of payments for subsequent fiscal years’’;

and

(2) in subparagraph (B)(ii), by striking ‘‘for each local educational agency that received a payment under this section

for fiscal year 1995’’ and inserting ‘‘for each local educational

agency described in subparagraph (A)’’. (c) REMAINING FUNDS.—Section 8002(h)(4)(B) (20 U.S.C.

7702(h)(4)(B)) is amended—

(1) by striking ‘‘(in the same manner as percentage shares

are determined for local educational agencies under paragraph

(2)(B)(ii))’’ and inserting ‘‘(by dividing the maximum amount

that the agency is eligible to receive under subsection (b) by

the total of the maximum amounts for all such agencies)’’;

and

(2) by striking ‘‘, except that for the purpose of calculating

a local educational agency’s assessed value of the Federal property’’ and inserting ‘‘, except that, for the purpose of calculating

a local educational agency’s maximum amount under subsection

(b)’’.

(d) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL

AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section

8002 (20 U.S.C. 7702) is amended by striking subsection (j).

(e) MINIMUM PAYMENT WITH RESPECT TO LOSS OF ELIGIBILITY

OF CERTAIN LOCAL EDUCATIONAL AGENCIES.—Section 8002 (20

U.S.C. 7702) is amended by adding at the end the following:

‘‘(n) LOSS OF ELIGIBILITY.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of

this section, the Secretary shall make a minimum payment

to a local educational agency described in paragraph (2), for

the first fiscal year that the agency loses eligibility for assistance under this section as a result of property located within

the school district served by the agency failing to meet the

definition of Federal property under section 8013(5)(C)(iii), in

an amount equal to 90 percent of the amount received by

the agency under this section for the preceding year.

‘‘(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local educational agency described in this paragraph is an agency that—

‘‘(A) was eligible for, and received, a payment under

this section for fiscal year 2002; and

‘‘(B) beginning in fiscal year 2003 or a subsequent

fiscal year, is no longer eligible for payments under this

section as provided for in subsection (a)(1)(C) as a result

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1949

of the transfer of the Federal property involved to a nonFederal entity.’’.

(f) APPLICATION FOR PAYMENT.—Notwithstanding any other

provision of law, the Secretary shall treat as timely filed an application under section 8002 (20 U.S.C. 7702) from Academy School

District 20, Colorado, for a payment for fiscal year 1999, and shall

process that application from funds appropriated for that section

for fiscal year 2001.

SEC. 802. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

(a) ELIGIBILITY FOR CERTAIN HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.—

(1) IN GENERAL.—Section 8003(b)(2)(C) (20 U.S.C.

7703(b)(2)(C)) is amended—

(A) in clauses (i) and (ii), by inserting after ‘‘Federal

military installation’’ each place it appears the following:

‘‘(or if the agency is a qualified local educational agency

as described in clause (iv))’’; and

(B) by adding at the end the following:

‘‘(iv) QUALIFIED LOCAL EDUCATIONAL AGENCY.—A

qualified local educational agency described in this

clause is an agency that meets the following requirements:

‘‘(I) The boundaries of the agency are the same

as island property designated by the Secretary

of the Interior to be property that is held in trust

by the Federal Government.

‘‘(II) The agency has no taxing authority.

‘‘(III) The agency received a payment under

paragraph (1) for fiscal year 2001.’’.

(2) EFFECTIVE DATE.—The Secretary shall consider an

application for a payment under section 8003(b)(2) for fiscal

year 2002 from a qualified local educational agency described

in section 8003(b)(2)(C)(iv), as added by paragraph (1), as

meeting the requirements of section 8003(b)(2)(C)(iii), and shall

provide a payment under section 8003(b)(2) for fiscal year 2002,

if the agency submits to the Secretary an application for payment under such section not later than 30 days after the

date of enactment of this Act.

(b) APPLICATIONS FOR PAYMENT.—

(1) WARNER PUBLIC SCHOOLS, MUSKOGEE COUNTY, OKLAHOMA.—Notwithstanding any other provision of law, the Secretary of Education shall treat as timely filed an application

under section 8003 (20 U.S.C. 7703) from Warner Public

Schools, Muskogee County, Oklahoma, for a payment for fiscal

year 2002, and shall process that application for payment,

if the Secretary has received the fiscal year 2002 application

not later than 30 days after the date of enactment of this

Act.

(2) PINE POINT SCHOOL, SCHOOL DISTRICT 25, MINNESOTA.—

Notwithstanding any other provision of law, the Secretary shall

treat as timely filed an application under section 8003 (20

U.S.C. 7703) from Pine Point School, School District 25, Minnesota, for a payment for fiscal year 2002, and shall process

that application for payment, if the Secretary has received

20 USC 7703

note.

115 STAT. 1950 PUBLIC LAW 107–110—JAN. 8, 2002

the fiscal year 2002 application not later than 30 days after

the date of enactment of this Act.

SEC. 803. CONSTRUCTION.

Section 8007(b) (20 U.S.C. 7707(b)) is amended to read as

follows:

‘‘(b) SCHOOL FACILITY EMERGENCY AND MODERNIZATION GRANTS

AUTHORIZED.—

‘‘(1) IN GENERAL.—From 60 percent of the amount appropriated for each fiscal year under section 8014(e), the

Secretary—

‘‘(A) shall award emergency grants in accordance with

this subsection to eligible local educational agencies to

enable the agencies to carry out emergency repairs of school

facilities; and

‘‘(B) shall award modernization grants in accordance

with this subsection to eligible local educational agencies

to enable the agencies to carry out the modernization of

school facilities.

‘‘(2) PRIORITY.—In approving applications from local educational agencies for emergency grants and modernization

grants under this subsection, the Secretary shall give priority

to applications in accordance with the following:

‘‘(A) The Secretary shall first give priority to applications for emergency grants from local educational agencies

that meet the requirements of paragraph (3)(A) and, among

such applications for emergency grants, shall give priority

to those applications of local educational agencies based

on the severity of the emergency, as determined by the

Secretary.

‘‘(B) The Secretary shall next give priority to applications for emergency grants from local educational agencies

that meet the requirements of subparagraph (C) or (D)

of paragraph (3) and, among such applications for emergency grants, shall give priority to those applications of

local educational agencies based on the severity of the

emergency, as determined by the Secretary.

‘‘(C) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of paragraph (3)(B) and,

among such applications for modernization grants, shall

give priority to those applications of local educational agencies based on the severity of the need for modernization,

as determined by the Secretary.

‘‘(D) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of subparagraph (C) or

(D) of paragraph (3) and, among such applications for modernization grants, shall give priority to those applications

of local educational agencies based on the severity of the

need for modernization, as determined by the Secretary.

‘‘(3) ELIGIBILITY REQUIREMENTS.—

‘‘(A) EMERGENCY GRANTS.—A local educational agency

is eligible to receive an emergency grant under paragraph

(2)(A) if—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1951

‘‘(i) the agency (or in the case of a local educational

agency that does not have the authority to tax or

issue bonds, the agency’s fiscal agent)—

‘‘(I) has no practical capacity to issue bonds;

‘‘(II) has minimal capacity to issue bonds and

is at not less than 75 percent of the agency’s

limit of bonded indebtedness; or

‘‘(III) does not meet the requirements of subclauses (I) and (II) but is eligible to receive funds

under section 8003(b)(2) for the fiscal year; and

‘‘(ii) the agency is eligible to receive assistance

under subsection (a) for the fiscal year and has a

school facility emergency, as determined by the Secretary, that poses a health or safety hazard to the

students and school personnel assigned to the school

facility.

‘‘(B) MODERNIZATION GRANTS.—A local educational

agency is eligible to receive a modernization grant under

paragraph (2)(C) if—

‘‘(i) the agency is eligible to receive assistance

under this title for the fiscal year;

‘‘(ii) the agency (or in the case of a local educational

agency that does not have the authority to tax or

issue bonds, the agency’s fiscal agent) meets the

requirements of subclause (I), (II), or (III) of subparagraph (A)(i); and

‘‘(iii) the agency has facility needs resulting from

the presence of the Federal Government, such as the

enrollment of federally connected children, the presence of tax-exempt Federal property, or an increase

in enrollment due to the expansion of Federal activities, housing privatization, or the acquisition of Federal

property.

‘‘(C) ADDITIONAL ELIGIBILITY FOR EMERGENCY AND MODERNIZATION GRANTS.—(i) A local educational agency is

eligible to receive an emergency grant or a modernization

grant under subparagraph (B) or (D) of paragraph (2),

respectively, if the agency meets the following requirements:

‘‘(I) The agency receives a basic support payment

under section 8003(b) for the fiscal year and the agency

meets at least one of the following requirements:

‘‘(aa) The number of children determined

under section 8003(a)(1)(C) for the agency for the

preceding school year constituted at least 40 percent of the total student enrollment in the schools

of the agency during the preceding school year.

‘‘(bb) The number of children determined

under subparagraphs (B) and (D)(i) of section

8003(a)(1) for the agency for the preceding school

year constituted at least 40 percent of the total

student enrollment in the schools of the agency

during the preceding school year.

‘‘(II) The agency (or in the case of a local educational agency that does not have the authority to

tax or issue bonds, the agency’s fiscal agent) is at

115 STAT. 1952 PUBLIC LAW 107–110—JAN. 8, 2002

not less than 75 percent of the agency’s limit of bonded

indebtedness.

‘‘(III) The agency has an assessed value of real

property per student that may be taxed for school

purposes that is less than the average of the assessed

value of real property per student that may be taxed

for school purposes in the State in which the local

educational agency is located.

‘‘(ii) A local educational agency is also eligible to receive

a modernization grant under this subparagraph if the

agency is eligible to receive assistance under section 8002

for the fiscal year and meets the requirements of subclauses

(II) and (III) of clause (i).

‘‘(D) SPECIAL RULE.—

‘‘(i) IN GENERAL.—Any school described in clause

(ii) that desires to receive an emergency grant or a

modernization grant under subparagraph (B) or (D)

of paragraph (2), respectively, shall, except as provided

in the following sentence, submit an application in

accordance with paragraph (6), and shall otherwise

be treated as a local educational agency for the purpose

of this subsection. The school shall submit an application for the grant to the local educational agency of

such school and the agency shall submit the application

on behalf of the school to the Secretary.

‘‘(ii) SCHOOL DESCRIBED.—A school described in

this clause is a school that meets the following requirements:

‘‘(I) The school is located within the geographic

boundaries of a local educational agency that does

not meet the applicable eligibility requirements

under subparagraph (A), (B), or (C) for a grant

under this subsection.

‘‘(II) The school meets at least one of the following requirements:

‘‘(aa) The number of children determined

under section 8003(a)(1)(C) for the school for

the preceding school year constituted at least

40 percent of the total student enrollment in

the school during the preceding school year.

‘‘(bb) The number of children determined

under subparagraphs (B) and (D)(i) of section

8003(a)(1) for the school for the preceding

school year constituted at least 40 percent of

the total student enrollment in the school

during the preceding school year.

‘‘(III) The school is located within the

geographic boundaries of a local educational

agency that meets the requirements of subclauses

(II) and (III) of subparagraph (C)(i).

‘‘(E) RULE OF CONSTRUCTION.—For purposes of

subparagraph (A)(i), a local educational agency—

‘‘(i) has no practical capacity to issue bonds if

the total assessed value of real property that may

be taxed for school purposes is less than $25,000,000;

and

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1953

‘‘(ii) has minimal capacity to issue bonds if the

total assessed value of real property that may be taxed

for school purposes is at least $25,000,000 but not

more than $50,000,000.

‘‘(4) AWARD CRITERIA.—In awarding emergency grants and

modernization grants under this subsection, the Secretary shall

consider the following factors: ‘‘(A) The ability of the local educational agency to

respond to the emergency, or to pay for the modernization

project, as the case may be, as measured by— ‘‘(i) the agency’s level of bonded indebtedness; ‘‘(ii) the assessed value of real property per student

that may be taxed for school purposes compared to

the average of the assessed value of real property

per student that may be taxed for school purposes

in the State in which the agency is located; ‘‘(iii) the agency’s total tax rate for school purposes

(or, if applicable, for capital expenditures) compared

to the average total tax rate for school purposes (or

the average capital expenditure tax rate, if applicable)

in the State in which the agency is located; and ‘‘(iv) funds that are available to the agency, from

any other source, including subsection (a), that may

be used for capital expenditures.

‘‘(B) The percentage of property in the agency that

is nontaxable due to the presence of the Federal Government.

‘‘(C) The number and percentages of children described

in subparagraphs (A), (B), (C), and (D) of section 8003(a)(1)

served in the school facility with the emergency or served

in the school facility proposed for modernization, as the

case may be.

‘‘(D) In the case of an emergency grant, the severity

of the emergency, as measured by the threat that the

condition of the school facility poses to the health, safety,

and well-being of students.

‘‘(E) In the case of a modernization grant—

‘‘(i) the severity of the need for modernization,

as measured by such factors as—

‘‘(I) overcrowding, as evidenced by the use of

portable classrooms, or the potential for future

overcrowding because of increased enrollment; or

‘‘(II) the agency’s inability to utilize technology

or offer a curriculum in accordance with contemporary State standards due to the physical limitations of the current school facility; and

‘‘(ii) the age of the school facility proposed for

modernization.

‘‘(5) OTHER AWARD PROVISIONS.—

‘‘(A) GENERAL PROVISIONS.—

‘‘(i) LIMITATIONS ON AMOUNT OF FUNDS.— ‘‘(I) IN GENERAL.—The amount of funds provided under an emergency grant or a modernization grant awarded under this subsection to a local

educational agency that meets the requirements

of subclause (II) or (III) of paragraph (3)(A)(i) for

purposes of eligibility under subparagraph (A) or

115 STAT. 1954 PUBLIC LAW 107–110—JAN. 8, 2002

(B) of paragraph (3) or that meets the requirements of clause (i) or (ii) of paragraph (3)(C) for

purposes of eligibility under such paragraph (3)(C),

or to a school that is eligible under paragraph

(3)(D)—

‘‘(aa) shall not exceed 50 percent of the

total cost of the project to be assisted under

this subsection; and

‘‘(bb) shall not exceed $4,000,000 during

any 4-year period.

‘‘(II) IN-KIND CONTRIBUTIONS.—A local educational agency may use in-kind contributions to

meet the matching requirement of subclause

(I)(aa).

‘‘(ii) PROHIBITIONS ON USE OF FUNDS.—A local educational agency may not use funds provided under

an emergency grant or modernization grant awarded

under this subsection for— ‘‘(I) a project for a school facility for which

the agency does not have full title or other interest; ‘‘(II) stadiums or other school facilities that

are primarily used for athletic contests, exhibitions, or other events for which admission is

charged to the general public; or ‘‘(III) the acquisition of real property. ‘‘(iii) SUPPLEMENT, NOT SUPPLANT.—A local educational agency shall use funds provided under an

emergency grant or modernization grant awarded

under this subsection only to supplement the amount

of funds that would, in the absence of the Federal

funds provided under the grant, be made available

from non-Federal sources to carry out emergency

repairs of school facilities or to carry out the modernization of school facilities, as the case may be, and

not to supplant such funds. ‘‘(iv) MAINTENANCE COSTS.—Nothing in this subsection shall be construed to authorize the payment

of maintenance costs in connection with any school

facility modernized in whole or in part with Federal

funds provided under this subsection.

‘‘(v) ENVIRONMENTAL SAFEGUARDS.—All projects

carried out with Federal funds provided under this

subsection shall comply with all relevant Federal,

State, and local environmental laws and regulations.

‘‘(vi) CARRY-OVER OF CERTAIN APPLICATIONS.—A

local educational agency that applies for an emergency

grant or a modernization grant under this subsection

for a fiscal year and does not receive the grant for

the fiscal year shall have the application for the grant

considered for the following fiscal year, subject to the

priority requirements of paragraph (2) and the award

criteria requirements of paragraph (4).

‘‘(B) EMERGENCY GRANTS; PROHIBITION ON USE OF

FUNDS.—A local educational agency that is awarded an

emergency grant under this subsection may not use

amounts under the grant for the complete or partial

replacement of an existing school facility unless such

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1955

replacement is less expensive or more cost-effective than

correcting the identified emergency.

‘‘(6) APPLICATION.—A local educational agency that desires

to receive an emergency grant or a modernization grant under

this subsection shall submit an application to the Secretary

at such time, in such manner, and accompanied by such

information as the Secretary may require. Each application

shall contain the following:

‘‘(A) A description of how the local educational agency

meets the award criteria under paragraph (4), including

the information described in clauses (i) through (iv) of

paragraph (4)(A) and subparagraphs (B) and (C) of paragraph (4).

‘‘(B) In the case of an application for an emergency

grant—

‘‘(i) a description of the school facility deficiency

that poses a health or safety hazard to the occupants

of the facility and a description of how the deficiency

will be repaired; and

‘‘(ii) a signed statement from an appropriate local

official certifying that a deficiency in the school facility

threatens the health or safety of the occupants of the

facility or that prevents the use of all or a portion

of the building.

‘‘(C) In the case of an application for a modernization

grant—

‘‘(i) an explanation of the need for the school

facility modernization project;

‘‘(ii) the date on which original construction of

the facility to be modernized was completed;

‘‘(iii) a listing of the school facilities to be modernized, including the number and percentage of children

determined under section 8003(a)(1) in average daily

attendance in each school facility; and

‘‘(iv) a description of the ownership of the property

on which the current school facility is located or on

which the planned school facility will be located.

‘‘(D) A description of the project for which a grant

under this subsection will be used, including a cost estimate

for the project.

‘‘(E) A description of the interest in, or authority over,

the school facility involved, such as an ownership interest

or a lease arrangement.

‘‘(F) Such other information and assurances as the

Secretary may reasonably require.

‘‘(7) REPORT.—

‘‘(A) IN GENERAL.—Not later than January 1 of each

year, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains a

justification for each grant awarded under this subsection

for the prior fiscal year.

‘‘(B) DEFINITION.—In this paragraph, the term ‘appropriate congressional committees’ means—

‘‘(i) the Committee on Appropriations and the Committee on Education and the Workforce of the House

of Representatives; and

Deadline.

115 STAT. 1956 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) the Committee on Appropriations and the

Committee on Health, Education, Labor, and Pensions

of the Senate.’’.

SEC. 804. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE

AID.

Section 8009(b)(1) (20 U.S.C. 7709(b)(1)) is amended by

inserting after ‘‘section 8003(a)(2)(B)’’ the following: ‘‘and, with

respect to a local educational agency that receives a payment under

section 8003(b)(2), the amount in excess of the amount that the

agency would receive if the agency were deemed to be an agency

eligible to receive a payment under section 8003(b)(1) and not

section 8003(b)(2)’’.

SEC. 805. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Section 8014 (20 U.S.C. 7714) is amended

in subsections (a), (b), (c), and (f) by striking ‘‘three succeeding

fiscal years’’ each place it appears and inserting ‘‘seven succeeding

fiscal years’’.

(b) CONSTRUCTION.—Section 8014(e) (20 U.S.C. 7714(e)) is

amended by striking ‘‘for each of the three succeeding fiscal years’’ and inserting ‘‘for fiscal year 2001, $150,000,000 for fiscal year

2002, and such sums as may be necessary for each of the five

succeeding fiscal years’’. (c) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL

AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section

8014 (20 U.S.C. 7714) is amended by striking subsection (g).

TITLE IX—GENERAL PROVISIONS

SEC. 901. GENERAL PROVISIONS.

Title IX (20 U.S.C. 7801 et seq.) is amended to read as follows:

‘‘TITLE IX—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS

‘‘SEC. 9101. DEFINITIONS.

‘‘Except as otherwise provided, in this Act:

‘‘(1) AVERAGE DAILY ATTENDANCE.—

‘‘(A) IN GENERAL.—Except as provided otherwise by

State law or this paragraph, the term ‘average daily attendance’ means—

‘‘(i) the aggregate number of days of attendance

of all students during a school year; divided by

‘‘(ii) the number of days school is in session during

that year.

‘‘(B) CONVERSION.—The Secretary shall permit the

conversion of average daily membership (or other similar

data) to average daily attendance for local educational

agencies in States that provide State aid to local educational agencies on the basis of average daily membership

(or other similar data).

‘‘(C) SPECIAL RULE.—If the local educational agency

in which a child resides makes a tuition or other payment

for the free public education of the child in a school located

20 USC 7801.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1957

in another school district, the Secretary shall, for the purpose of this Act—

‘‘(i) consider the child to be in attendance at a

school of the agency making the payment; and

‘‘(ii) not consider the child to be in attendance

at a school of the agency receiving the payment.

‘‘(D) CHILDREN WITH DISABILITIES.—If a local educational agency makes a tuition payment to a private school

or to a public school of another local educational agency

for a child with a disability, as defined in section 602

of the Individuals with Disabilities Education Act, the Secretary shall, for the purpose of this Act, consider the child

to be in attendance at a school of the agency making

the payment.

‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘average

per-pupil expenditure’ means, in the case of a State or of

the United States—

‘‘(A) without regard to the source of funds—

‘‘(i) the aggregate current expenditures, during the

third fiscal year preceding the fiscal year for which

the determination is made (or, if satisfactory data for

that year are not available, during the most recent

preceding fiscal year for which satisfactory data are

available) of all local educational agencies in the State

or, in the case of the United States, for all States

(which, for the purpose of this paragraph, means the

50 States and the District of Columbia); plus

‘‘(ii) any direct current expenditures by the State

for the operation of those agencies; divided by

‘‘(B) the aggregate number of children in average daily

attendance to whom those agencies provided free public

education during that preceding year.

‘‘(3) BEGINNING TEACHER.—The term ‘beginning teacher’

means a teacher in a public school who has been teaching

less than a total of three complete school years.

‘‘(4) CHILD.—The term ‘child’ means any person within

the age limits for which the State provides free public education.

‘‘(5) CHILD WITH A DISABILITY.—The term ‘child with a

disability’ has the same meaning given that term in section

602 of the Individuals with Disabilities Education Act.

‘‘(6) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means a public or private nonprofit

organization of demonstrated effectiveness that—

‘‘(A) is representative of a community or significant

segments of a community; and

‘‘(B) provides educational or related services to individuals in the community.

‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The term ‘consolidated local application’ means an application submitted by

a local educational agency pursuant to section 9305.

‘‘(8) CONSOLIDATED LOCAL PLAN.—The term ‘consolidated

local plan’ means a plan submitted by a local educational agency

pursuant to section 9305.

‘‘(9) CONSOLIDATED STATE APPLICATION.—The term ‘consolidated State application’ means an application submitted by

a State educational agency pursuant to section 9302.

115 STAT. 1958 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(10) CONSOLIDATED STATE PLAN.—The term ‘consolidated

State plan’ means a plan submitted by a State educational

agency pursuant to section 9302. ‘‘(11) CORE ACADEMIC SUBJECTS.—The term ‘core academic

subjects’ means English, reading or language arts, mathematics, science, foreign languages, civics and government,

economics, arts, history, and geography. ‘‘(12) COUNTY.—The term ‘county’ means one of the divisions of a State used by the Secretary of Commerce in compiling

and reporting data regarding counties. ‘‘(13) COVERED PROGRAM.—The term ‘covered program’ means each of the programs authorized by— ‘‘(A) part A of title I;

‘‘(B) subpart 3 of part B of title I;

‘‘(C) part C of title I;

‘‘(D) part D of title I;

‘‘(E) part F of title I;

‘‘(F) part A of title II;

‘‘(G) part D of title II;

‘‘(H) part A of title III;

‘‘(I) part A of title IV;

‘‘(J) part B of title IV;

‘‘(K) part A of title V; and

‘‘(L) subpart 2 of part B of title VI. ‘‘(14) CURRENT EXPENDITURES.—The term ‘current expenditures’ means expenditures for free public education—

‘‘(A) including expenditures for administration, instruction, attendance and health services, pupil transportation

services, operation and maintenance of plant, fixed charges,

and net expenditures to cover deficits for food services

and student body activities; but

‘‘(B) not including expenditures for community services,

capital outlay, and debt service, or any expenditures made

from funds received under title I and part A of title V.

‘‘(15) DEPARTMENT.—The term ‘Department’ means the

Department of Education.

‘‘(16) DISTANCE LEARNING.—The term ‘distance learning’

means the transmission of educational or instructional

programming to geographically dispersed individuals and

groups via telecommunications.

‘‘(17) EDUCATIONAL SERVICE AGENCY.—The term ‘educational service agency’ means a regional public multiservice

agency authorized by State statute to develop, manage, and

provide services or programs to local educational agencies.

‘‘(18) ELEMENTARY SCHOOL.—The term ‘elementary school’

means a nonprofit institutional day or residential school,

including a public elementary charter school, that provides

elementary education, as determined under State law.

‘‘(19) EXEMPLARY TEACHER.—The term ‘exemplary teacher’

means a teacher who—

‘‘(A) is a highly qualified teacher such as a master

teacher;

‘‘(B) has been teaching for at least 5 years in a public

or private school or institution of higher education;

‘‘(C) is recommended to be an exemplary teacher by

administrators and other teachers who are knowledgeable

about the individual’s performance;

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1959

‘‘(D) is currently teaching and based in a public school;

and ‘‘(E) assists other teachers in improving instructional

strategies, improves the skills of other teachers, performs

teacher mentoring, develops curricula, and offers other

professional development.

‘‘(20) FAMILY LITERACY SERVICES.—The term ‘family literacy

services’ means services provided to participants on a voluntary

basis that are of sufficient intensity in terms of hours, and

of sufficient duration, to make sustainable changes in a family,

and that integrate all of the following activities: ‘‘(A) Interactive literacy activities between parents and

their children. ‘‘(B) Training for parents regarding how to be the primary teacher for their children and full partners in the

education of their children. ‘‘(C) Parent literacy training that leads to economic

self-sufficiency. ‘‘(D) An age-appropriate education to prepare children

for success in school and life experiences.

‘‘(21) FREE PUBLIC EDUCATION.—The term ‘free public education’ means education that is provided—

‘‘(A) at public expense, under public supervision and

direction, and without tuition charge; and

‘‘(B) as elementary school or secondary school education

as determined under applicable State law, except that the

term does not include any education provided beyond grade

12.

‘‘(22) GIFTED AND TALENTED.—The term ‘gifted and talented’, when used with respect to students, children, or youth,

means students, children, or youth who give evidence of high

achievement capability in areas such as intellectual, creative,

artistic, or leadership capacity, or in specific academic fields,

and who need services or activities not ordinarily provided

by the school in order to fully develop those capabilities. ‘‘(23) HIGHLY QUALIFIED.—The term ‘highly qualified’—

‘‘(A) when used with respect to any public elementary

school or secondary school teacher teaching in a State,

means that—

‘‘(i) the teacher has obtained full State certification

as a teacher (including certification obtained through

alternative routes to certification) or passed the State

teacher licensing examination, and holds a license to

teach in such State, except that when used with respect

to any teacher teaching in a public charter school,

the term means that the teacher meets the requirements set forth in the State’s public charter school

law; and

‘‘(ii) the teacher has not had certification or licensure requirements waived on an emergency, temporary,

or provisional basis;

‘‘(B) when used with respect to—

‘‘(i) an elementary school teacher who is new to

the profession, means that the teacher—

‘‘(I) holds at least a bachelor’s degree; and

‘‘(II) has demonstrated, by passing a rigorous

State test, subject knowledge and teaching skills

115 STAT. 1960 PUBLIC LAW 107–110—JAN. 8, 2002

in reading, writing, mathematics, and other areas

of the basic elementary school curriculum (which

may consist of passing a State-required certification or licensing test or tests in reading, writing,

mathematics, and other areas of the basic

elementary school curriculum); or

‘‘(ii) a middle or secondary school teacher who is

new to the profession, means that the teacher holds

at least a bachelor’s degree and has demonstrated a

high level of competency in each of the academic subjects in which the teacher teaches by—

‘‘(I) passing a rigorous State academic subject

test in each of the academic subjects in which

the teacher teaches (which may consist of a passing

level of performance on a State-required certification or licensing test or tests in each of the

academic subjects in which the teacher teaches);

or

‘‘(II) successful completion, in each of the academic subjects in which the teacher teaches, of

an academic major, a graduate degree, coursework

equivalent to an undergraduate academic major,

or advanced certification or credentialing; and

‘‘(C) when used with respect to an elementary, middle,

or secondary school teacher who is not new to the profession, means that the teacher holds at least a bachelor’s

degree and—

‘‘(i) has met the applicable standard in clause (i)

or (ii) of subparagraph (B), which includes an option

for a test; or

‘‘(ii) demonstrates competence in all the academic

subjects in which the teacher teaches based on a high

objective uniform State standard of evaluation that—

‘‘(I) is set by the State for both grade appropriate academic subject matter knowledge and

teaching skills;

‘‘(II) is aligned with challenging State academic content and student academic achievement

standards and developed in consultation with core

content specialists, teachers, principals, and school

administrators;

‘‘(III) provides objective, coherent information

about the teacher’s attainment of core content

knowledge in the academic subjects in which a

teacher teaches;

‘‘(IV) is applied uniformly to all teachers in

the same academic subject and the same grade

level throughout the State;

‘‘(V) takes into consideration, but not be based

primarily on, the time the teacher has been

teaching in the academic subject;

‘‘(VI) is made available to the public upon

request; and

‘‘(VII) may involve multiple, objective measures of teacher competency.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1961

‘‘(24) INSTITUTION OF HIGHER EDUCATION.—The term

‘institution of higher education’ has the meaning given that

term in section 101(a) of the Higher Education Act of 1965.

‘‘(25) LIMITED ENGLISH PROFICIENT.—The term ‘limited

English proficient’, when used with respect to an individual,

means an individual—

‘‘(A) who is aged 3 through 21;

‘‘(B) who is enrolled or preparing to enroll in an

elementary school or secondary school;

‘‘(C)(i) who was not born in the United States or whose

native language is a language other than English;

‘‘(ii)(I) who is a Native American or Alaska Native,

or a native resident of the outlying areas; and

‘‘(II) who comes from an environment where a language

other than English has had a significant impact on the

individual’s level of English language proficiency; or

‘‘(iii) who is migratory, whose native language is a

language other than English, and who comes from an

environment where a language other than English is dominant; and

‘‘(D) whose difficulties in speaking, reading, writing,

or understanding the English language may be sufficient

to deny the individual—

‘‘(i) the ability to meet the State’s proficient level

of achievement on State assessments described in section 1111(b)(3);

‘‘(ii) the ability to successfully achieve in classrooms where the language of instruction is English;

or

‘‘(iii) the opportunity to participate fully in society.

‘‘(26) LOCAL EDUCATIONAL AGENCY.—

‘‘(A) IN GENERAL.—The term ‘local educational agency’

means a public board of education or other public authority

legally constituted within a State for either administrative

control or direction of, or to perform a service function

for, public elementary schools or secondary schools in a

city, county, township, school district, or other political

subdivision of a State, or of or for a combination of school

districts or counties that is recognized in a State as an

administrative agency for its public elementary schools or

secondary schools.

‘‘(B) ADMINISTRATIVE CONTROL AND DIRECTION.—The

term includes any other public institution or agency having

administrative control and direction of a public elementary

school or secondary school.

‘‘(C) BIA SCHOOLS.—The term includes an elementary

school or secondary school funded by the Bureau of Indian

Affairs but only to the extent that including the school

makes the school eligible for programs for which specific

eligibility is not provided to the school in another provision

of law and the school does not have a student population

that is smaller than the student population of the local

educational agency receiving assistance under this Act with

the smallest student population, except that the school

shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs.

115 STAT. 1962 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(D) EDUCATIONAL SERVICE AGENCIES.—The term

includes educational service agencies and consortia of those

agencies. ‘‘(E) STATE EDUCATIONAL AGENCY.—The term includes

the State educational agency in a State in which the State

educational agency is the sole educational agency for all

public schools.

‘‘(27) MENTORING.—The term ‘mentoring’, except when used

to refer to teacher mentoring, means a process by which a

responsible adult, postsecondary student, or secondary school

student works with a child to provide a positive role model

for the child, to establish a supportive relationship with the

child, and to provide the child with academic assistance and

exposure to new experiences and examples of opportunity that

enhance the ability of the child to become a responsible adult. ‘‘(28) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.— The terms ‘Native American’ and ‘Native American language’ have the same meaning given those terms in section 103 of

the Native American Languages Act of 1990. ‘‘(29) OTHER STAFF.—The term ‘other staff’ means pupil

services personnel, librarians, career guidance and counseling

personnel, education aides, and other instructional and

administrative personnel.

‘‘(30) OUTLYING AREA.—The term ‘outlying area’ means the

United States Virgin Islands, Guam, American Samoa, and

the Commonwealth of the Northern Mariana Islands, and for

the purpose of section 1121(b) and any other discretionary

grant program under this Act, includes the freely associated

states of the Republic of the Marshall Islands, the Federated

States of Micronesia, and the Republic of Palau until an agreement for the extension of United States education assistance

under the Compact of Free Association for each of the freely

associated states becomes effective after the date of enactment

of the No Child Left Behind Act of 2001.

‘‘(31) PARENT.—The term ‘parent’ includes a legal guardian

or other person standing in loco parentis (such as a grandparent

or stepparent with whom the child lives, or a person who

is legally responsible for the child’s welfare).

‘‘(32) PARENTAL INVOLVEMENT.—The term ‘parental involvement’ means the participation of parents in regular, two-way,

and meaningful communication involving student academic

learning and other school activities, including ensuring—

‘‘(A) that parents play an integral role in assisting

their child’s learning;

‘‘(B) that parents are encouraged to be actively involved

in their child’s education at school;

‘‘(C) that parents are full partners in their child’s education and are included, as appropriate, in decisionmaking

and on advisory committees to assist in the education of

their child;

‘‘(D) the carrying out of other activities, such as those

described in section 1118.

‘‘(33) POVERTY LINE.—The term ‘poverty line’ means the

poverty line (as defined by the Office of Management and

Budget and revised annually in accordance with section 673(2)

of the Community Services Block Grant Act) applicable to a

family of the size involved.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1963

‘‘(34) PROFESSIONAL DEVELOPMENT.—The term ‘professional

development’—

‘‘(A) includes activities that—

‘‘(i) improve and increase teachers’ knowledge of

the academic subjects the teachers teach, and enable

teachers to become highly qualified;

‘‘(ii) are an integral part of broad schoolwide and

districtwide educational improvement plans;

‘‘(iii) give teachers, principals, and administrators

the knowledge and skills to provide students with the

opportunity to meet challenging State academic content

standards and student academic achievement standards;

‘‘(iv) improve classroom management skills;

‘‘(v)(I) are high quality, sustained, intensive, and

classroom-focused in order to have a positive and

lasting impact on classroom instruction and the

teacher’s performance in the classroom; and

‘‘(II) are not 1-day or short-term workshops or

conferences;

‘‘(vi) support the recruiting, hiring, and training

of highly qualified teachers, including teachers who

became highly qualified through State and local alternative routes to certification;

‘‘(vii) advance teacher understanding of effective

instructional strategies that are—

‘‘(I) based on scientifically based research

(except that this subclause shall not apply to activities carried out under part D of title II); and

‘‘(II) strategies for improving student academic

achievement or substantially increasing the knowledge and teaching skills of teachers; and

‘‘(viii) are aligned with and directly related to—

‘‘(I) State academic content standards, student

academic achievement standards, and assessments; and

‘‘(II) the curricula and programs tied to the

standards described in subclause (I) except that

this subclause shall not apply to activities

described in clauses (ii) and (iii) of section

2123(3)(B);

‘‘(ix) are developed with extensive participation of

teachers, principals, parents, and administrators of

schools to be served under this Act;

‘‘(x) are designed to give teachers of limited English

proficient children, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support

services to those children, including the appropriate

use of curricula and assessments;

‘‘(xi) to the extent appropriate, provide training

for teachers and principals in the use of technology

so that technology and technology applications are

effectively used in the classroom to improve teaching

and learning in the curricula and core academic subjects in which the teachers teach;

115 STAT. 1964 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(xii) as a whole, are regularly evaluated for their

impact on increased teacher effectiveness and improved

student academic achievement, with the findings of

the evaluations used to improve the quality of professional development;

‘‘(xiii) provide instruction in methods of teaching

children with special needs;

‘‘(xiv) include instruction in the use of data and

assessments to inform and instruct classroom practice;

and

‘‘(xv) include instruction in ways that teachers,

principals, pupil services personnel, and school

administrators may work more effectively with parents;

and

‘‘(B) may include activities that—

‘‘(i) involve the forming of partnerships with

institutions of higher education to establish schoolbased teacher training programs that provide prospective teachers and beginning teachers with an opportunity to work under the guidance of experienced

teachers and college faculty;

‘‘(ii) create programs to enable paraprofessionals

(assisting teachers employed by a local educational

agency receiving assistance under part A of title I)

to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; and

‘‘(iii) provide follow-up training to teachers who

have participated in activities described in subparagraph (A) or another clause of this subparagraph that

are designed to ensure that the knowledge and skills

learned by the teachers are implemented in the classroom.

‘‘(35) PUBLIC TELECOMMUNICATIONS ENTITY.—The term

‘public telecommunications entity’ has the meaning given that

term in section 397(12) of the Communications Act of 1934.

‘‘(36) PUPIL SERVICES PERSONNEL; PUPIL SERVICES.—

‘‘(A) PUPIL SERVICES PERSONNEL.—The term ‘pupil services personnel’ means school counselors, school social

workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term

is defined in section 602 of the Individuals with Disabilities

Education Act) as part of a comprehensive program to

meet student needs.

‘‘(B) PUPIL SERVICES.—The term ‘pupil services’ means

the services provided by pupil services personnel.

‘‘(37) SCIENTIFICALLY BASED RESEARCH.—The term ‘scientifically based research’—

‘‘(A) means research that involves the application of

rigorous, systematic, and objective procedures to obtain

reliable and valid knowledge relevant to education activities and programs; and

‘‘(B) includes research that—

‘‘(i) employs systematic, empirical methods that

draw on observation or experiment;

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1965

‘‘(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the

general conclusions drawn;

‘‘(iii) relies on measurements or observational

methods that provide reliable and valid data across

evaluators and observers, across multiple measurements and observations, and across studies by the

same or different investigators;

‘‘(iv) is evaluated using experimental or quasiexperimental designs in which individuals, entities,

programs, or activities are assigned to different conditions and with appropriate controls to evaluate the

effects of the condition of interest, with a preference

for random-assignment experiments, or other designs

to the extent that those designs contain within-condition or across-condition controls;

‘‘(v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to

build systematically on their findings; and

‘‘(vi) has been accepted by a peer-reviewed journal

or approved by a panel of independent experts through

a comparably rigorous, objective, and scientific review.

‘‘(38) SECONDARY SCHOOL.—The term ‘secondary school’

means a nonprofit institutional day or residential school,

including a public secondary charter school, that provides secondary education, as determined under State law, except that

the term does not include any education beyond grade 12.

‘‘(39) SECRETARY.—The term ‘Secretary’ means the Secretary of Education.

STATE.—The term ‘State’ means each of the 50 States, the

District of Columbia, the Commonwealth of Puerto Rico, and

each of the outlying areas.

‘‘(41) STATE EDUCATIONAL AGENCY.—The term ‘State educational agency’ means the agency primarily responsible for

the State supervision of public elementary schools and secondary schools.

‘‘(42) TEACHER MENTORING.—The term ‘teacher mentoring’

means activities that—

‘‘(A) consist of structured guidance and regular and

ongoing support for teachers, especially beginning teachers,

that—

‘‘(i) are designed to help the teachers continue

to improve their practice of teaching and to develop

their instructional skills; and

part of an ongoing developmental induction

process—

‘‘(I) involve the assistance of an exemplary

teacher and other appropriate individuals from a

school, local educational agency, or institution of

higher education; and

‘‘(II) may include coaching, classroom observation, team teaching, and reduced teaching loads;

and

‘‘(B) may include the establishment of a partnership

by a local educational agency with an institution of higher

115 STAT. 1966 PUBLIC LAW 107–110—JAN. 8, 2002

education, another local educational agency, a teacher

organization, or another organization.

‘‘(43) TECHNOLOGY.—The term ‘technology’ means stateof-the-art technology products and services.

‘‘SEC. 9102. APPLICABILITY OF TITLE.

‘‘Parts B, C, D, and E of this title do not apply to title VIII

of this Act.

‘‘SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED

SCHOOLS.

‘‘For the purpose of any competitive program under this Act— ‘‘(1) a consortium of schools operated by the Bureau of

Indian Affairs; ‘‘(2) a school operated under a contract or grant with the

Bureau of Indian Affairs in consortium with another contract

or grant school or a tribal or community organization; or ‘‘(3) a Bureau of Indian Affairs school in consortium with

an institution of higher education, a contract or grant school,

or a tribal or community organization,

shall be given the same consideration as a local educational agency.

‘‘PART B—FLEXIBILITY IN THE USE OF

ADMINISTRATIVE AND OTHER FUNDS

‘‘SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR

ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—

‘‘(1) IN GENERAL.—A State educational agency may consolidate the amounts specifically made available to it for State

administration under one or more of the programs under paragraph (2) if the State educational agency can demonstrate

that the majority of its resources are derived from non-Federal

sources.

‘‘(2) APPLICABILITY.—This section applies to any program

under this Act under which funds are authorized to be used

for administration, and such other programs as the Secretary

may designate.

‘‘(b) USE OF FUNDS.—

‘‘(1) IN GENERAL.—A State educational agency shall use

the amount available under this section for the administration

of the programs included in the consolidation under subsection

(a).

‘‘(2) ADDITIONAL USES.—A State educational agency may

also use funds available under this section for administrative

activities designed to enhance the effective and coordinated

use of funds under programs included in the consolidation

under subsection (a), such as—

‘‘(A) the coordination of those programs with other

Federal and non-Federal programs;

‘‘(B) the establishment and operation of peer-review

mechanisms under this Act;

‘‘(C) the administration of this title;

‘‘(D) the dissemination of information regarding model

programs and practices;

‘‘(E) technical assistance under any program under

this Act;

20 USC 7821.

20 USC 7803.

20 USC 7802.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1967

‘‘(F) State-level activities designed to carry out this

title;‘‘(G) training personnel engaged in audit and other

monitoring activities; and ‘‘(H) implementation of the Cooperative Audit Resolution and Oversight Initiative of the Department. ‘‘(c) RECORDS.—A State educational agency that consolidates

administrative funds under this section shall not be required to

keep separate records, by individual program, to account for costs

relating to the administration of programs included in the consolidation under subsection (a). ‘‘(d) REVIEW.—To determine the effectiveness of State administration under this section, the Secretary may periodically review

the performance of State educational agencies in using consolidated

administrative funds under this section and take such steps as

the Secretary finds appropriate to ensure the effectiveness of that

administration. ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational

agency does not use all of the funds available to the agency under

this section for administration, the agency may use those funds

during the applicable period of availability as funds available under

one or more programs included in the consolidation under subsection (a). ‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT

DEVELOPMENT.—In order to develop challenging State academic

standards and assessments, a State educational agency may consolidate the amounts described in subsection (a) for those purposes

under title I.

‘‘SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

‘‘A State educational agency that also serves as a local educational agency shall, in its applications or plans under this Act,

describe how the agency will eliminate duplication in conducting

administrative functions.

‘‘SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

‘‘(a) GENERAL AUTHORITY.—In accordance with regulations of

the Secretary and for any fiscal year, a local educational agency,

with the approval of its State educational agency, may consolidate

and use for the administration of one or more programs under

this Act (or such other programs as the Secretary shall designate)

not more than the percentage, established in each program, of

the total available for the local educational agency under those

programs. ‘‘(b) STATE PROCEDURES.—Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State educational

agency shall, in collaboration with local educational agencies in

the State, establish procedures for responding to requests from

local educational agencies to consolidate administrative funds under

subsection (a) and for establishing limitations on the amount of

funds under those programs that may be used for administration

on a consolidated basis.

‘‘(c) CONDITIONS.—A local educational agency that consolidates

administrative funds under this section for any fiscal year shall

not use any other funds under the programs included in the consolidation for administration for that fiscal year.

‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local educational

agency that consolidates administrative funds under this section

20 USC 7823.

20 USC 7822.

115 STAT. 1968 PUBLIC LAW 107–110—JAN. 8, 2002

may use the consolidated funds for the administration of the programs and for uses, at the school district and school levels, comparable to those described in section 9201(b)(2). ‘‘(e) RECORDS.—A local educational agency that consolidates

administrative funds under this section shall not be required to

keep separate records, by individual program, to account for costs

relating to the administration of the programs included in the

consolidation.

‘‘SEC. 9204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE

INTERIOR FUNDS.

‘‘(a) GENERAL AUTHORITY.— ‘‘(1) TRANSFER.—The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered

programs, the Indian education programs under part A of title

VII, and the education for homeless children and youth program

under subtitle B of title VII of the McKinney-Vento Homeless

Assistance Act, the amounts allotted to the Department of

the Interior under those programs. ‘‘(2) AGREEMENT.—

‘‘(A) IN GENERAL.—The Secretary and the Secretary

of the Interior shall enter into an agreement, consistent

with the requirements of the programs specified in paragraph (1), for the distribution and use of those program

funds under terms that the Secretary determines best meet

the purposes of those programs.

‘‘(B) CONTENTS.—The agreement shall—

‘‘(i) set forth the plans of the Secretary of the

Interior for the use of the amount transferred and

the achievement measures to assess program effectiveness, including measurable goals and objectives; and

‘‘(ii) be developed in consultation with Indian

tribes.

‘‘(b) ADMINISTRATION.—The Department of the Interior may

use not more than 1.5 percent of the funds consolidated under

this section for its costs related to the administration of the funds

transferred under this section.

‘‘PART C—COORDINATION OF PROGRAMS;

CONSOLIDATED STATE AND LOCAL PLANS

AND APPLICATIONS

‘‘SEC. 9301. PURPOSES.

‘‘The purposes of this part are— ‘‘(1) to improve teaching and learning by encouraging

greater cross-program coordination, planning, and service

delivery;

‘‘(2) to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting;

and

‘‘(3) to enhance the integration of programs under this

Act with State and local programs.

‘‘SEC. 9302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

‘‘(a) GENERAL AUTHORITY.—

20 USC 7842.

20 USC 7841.

20 USC 7824.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1969

‘‘(1) SIMPLIFICATION.—In order to simplify application

requirements and reduce the burden for State educational agencies under this Act, the Secretary, in accordance with subsection

(b), shall establish procedures and criteria under which, after

consultation with the Governor, a State educational agency

may submit a consolidated State plan or a consolidated State

application meeting the requirements of this section for—

‘‘(A) each of the covered programs in which the State

participates; and

‘‘(B) such other programs as the Secretary may designate.

‘‘(2) CONSOLIDATED APPLICATIONS AND PLANS.—After consultation with the Governor, a State educational agency that

submits a consolidated State plan or a consolidated State

application under this section shall not be required to submit

separate State plans or applications under any of the programs

to which the consolidated State plan or consolidated State

application under this section applies.

‘‘(b) COLLABORATION.—

‘‘(1) IN GENERAL.—In establishing criteria and procedures

under this section, the Secretary shall collaborate with State

educational agencies and, as appropriate, with other State agencies, local educational agencies, public and private nonprofit

agencies, organizations, and institutions, private schools, and

representatives of parents, students, and teachers.

‘‘(2) CONTENTS.—Through the collaborative process

described in paragraph (1), the Secretary shall establish, for

each program under this Act to which this section applies,

the descriptions, information, assurances, and other material

required to be included in a consolidated State plan or consolidated State application.

‘‘(3) NECESSARY MATERIALS.—The Secretary shall require

only descriptions, information, assurances (including assurances of compliance with applicable provisions regarding

participation by private school children and teachers), and other

materials that are absolutely necessary for the consideration

of the consolidated State plan or consolidated State application.

‘‘SEC. 9303. CONSOLIDATED REPORTING.

‘‘(a) IN GENERAL.—In order to simplify reporting requirements

and reduce reporting burdens, the Secretary shall establish procedures and criteria under which a State educational agency, in

consultation with the Governor of the State, may submit a consolidated State annual report.

‘‘(b) CONTENTS.—The report shall contain information about

the programs included in the report, including the performance

of the State under those programs, and other matters as the Secretary determines are necessary, such as monitoring activities.

‘‘(c) REPLACEMENT.—The report shall replace separate individual annual reports for the programs included in the consolidated

State annual report.

‘‘SEC. 9304. GENERAL APPLICABILITY OF STATE EDUCATIONAL

AGENCY ASSURANCES.

‘‘(a) ASSURANCES.—A State educational agency, in consultation

with the Governor of the State, that submits a consolidated State

plan or consolidated State application under this Act, whether

20 USC 7844.

20 USC 7843.

115 STAT. 1970 PUBLIC LAW 107–110—JAN. 8, 2002

separately or under section 9302, shall have on file with the Secretary a single set of assurances, applicable to each program for

which the plan or application is submitted, that provides that—

‘‘(1) each such program will be administered in accordance

with all applicable statutes, regulations, program plans, and

applications;

‘‘(2)(A) the control of funds provided under each such program and title to property acquired with program funds will

be in a public agency, a nonprofit private agency, institution,

or organization, or an Indian tribe, if the law authorizing

the program provides for assistance to those entities; and

‘‘(B) the public agency, nonprofit private agency, institution,

or organization, or Indian tribe will administer those funds

and property to the extent required by the authorizing law;

‘‘(3) the State will adopt and use proper methods of administering each such program, including—

‘‘(A) the enforcement of any obligations imposed by

law on agencies, institutions, organizations, and other

recipients responsible for carrying out each program;

‘‘(B) the correction of deficiencies in program operations

that are identified through audits, monitoring, or evaluation; and

‘‘(C) the adoption of written procedures for the receipt

and resolution of complaints alleging violations of law in

the administration of the programs;

‘‘(4) the State will cooperate in carrying out any evaluation

of each such program conducted by or for the Secretary or

other Federal officials;

‘‘(5) the State will use such fiscal control and fund

accounting procedures as will ensure proper disbursement of,

and accounting for, Federal funds paid to the State under

each such program;

‘‘(6) the State will—

‘‘(A) make reports to the Secretary as may be necessary

to enable the Secretary to perform the Secretary’s duties

under each such program; and

‘‘(B) maintain such records, provide such information

to the Secretary, and afford such access to the records

as the Secretary may find necessary to carry out the Secretary’s duties; and

‘‘(7) before the plan or application was submitted to the

Secretary, the State afforded a reasonable opportunity for public

comment on the plan or application and considered such comment.

‘‘(b) GEPA PROVISION.—Section 441 of the General Education

Provisions Act shall not apply to programs under this Act.

‘‘SEC. 9305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) CONSOLIDATED PLAN.—A local educational agency

receiving funds under more than one covered program may

submit plans or applications to the State educational agency

under those programs on a consolidated basis.

‘‘(2) AVAILABILITY TO GOVERNOR.—The State educational

agency shall make any consolidated local plans and applications

available to the Governor.

20 USC 7845.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1971

‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICATIONS.—A

State educational agency that has an approved consolidated State

plan or application under section 9302 may require local educational

agencies in the State receiving funds under more than one program

included in the consolidated State plan or consolidated State

application to submit consolidated local plans or applications under

those programs, but may not require those agencies to submit

separate plans.

‘‘(c) COLLABORATION.—A State educational agency, in consultation with the Governor, shall collaborate with local educational

agencies in the State in establishing procedures for the submission

of the consolidated State plans or consolidated State applications

under this section.

‘‘(d) NECESSARY MATERIALS.—The State educational agency

shall require only descriptions, information, assurances, and other

material that are absolutely necessary for the consideration of the

local educational agency plan or application.

‘‘SEC. 9306. OTHER GENERAL ASSURANCES.

‘‘(a) ASSURANCES.—Any applicant, other than a State educational agency that submits a plan or application under this Act,

whether separately or pursuant to section 9305, shall have on

file with the State educational agency a single set of assurances,

applicable to each program for which a plan or application is submitted, that provides that—

‘‘(1) each such program will be administered in accordance

with all applicable statutes, regulations, program plans, and

applications;

‘‘(2)(A) the control of funds provided under each such program and title to property acquired with program funds will

be in a public agency or in a nonprofit private agency, institution, organization, or Indian tribe, if the law authorizing the

program provides for assistance to those entities; and

‘‘(B) the public agency, nonprofit private agency, institution,

or organization, or Indian tribe will administer the funds and

property to the extent required by the authorizing statutes;

‘‘(3) the applicant will adopt and use proper methods of

administering each such program, including—

‘‘(A) the enforcement of any obligations imposed by

law on agencies, institutions, organizations, and other

recipients responsible for carrying out each program; and

‘‘(B) the correction of deficiencies in program operations

that are identified through audits, monitoring, or evaluation;

‘‘(4) the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary, or other Federal officials;

‘‘(5) the applicant will use such fiscal control and fund

accounting procedures as will ensure proper disbursement of,

and accounting for, Federal funds paid to the applicant under

each such program;

‘‘(6) the applicant will—

‘‘(A) submit such reports to the State educational

agency (which shall make the reports available to the Governor) and the Secretary as the State educational agency

and Secretary may require to enable the State educational

Reports.

20 USC 7846.

115 STAT. 1972 PUBLIC LAW 107–110—JAN. 8, 2002

agency and the Secretary to perform their duties under

each such program; and

‘‘(B) maintain such records, provide such information,

and afford such access to the records as the State educational agency (after consultation with the Governor) or

the Secretary may reasonably require to carry out the

State educational agency’s or the Secretary’s duties; and

‘‘(7) before the application was submitted, the applicant

afforded a reasonable opportunity for public comment on the

application and considered such comment.

‘‘(b) GEPA PROVISION.—Section 442 of the General Education

Provisions Act shall not apply to programs under this Act.

‘‘PART D—WAIVERS

‘‘SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

‘‘(a) IN GENERAL.—Except as provided in subsection (c), the

Secretary may waive any statutory or regulatory requirement of

this Act for a State educational agency, local educational agency,

Indian tribe, or school through a local educational agency, that—

‘‘(1) receives funds under a program authorized by this

Act; and

‘‘(2) requests a waiver under subsection (b).

‘‘(b) REQUEST FOR WAIVER.— ‘‘(1) IN GENERAL.—A State educational agency, local educational agency, or Indian tribe that desires a waiver shall

submit a waiver request to the Secretary that—

‘‘(A) identifies the Federal programs affected by the

requested waiver;

‘‘(B) describes which Federal statutory or regulatory

requirements are to be waived and how the waiving of

those requirements will—

‘‘(i) increase the quality of instruction for students;

and

‘‘(ii) improve the academic achievement of students;

‘‘(C) describes, for each school year, specific, measurable educational goals, in accordance with section 1111(b),

for the State educational agency and for each local educational agency, Indian tribe, or school that would be

affected by the waiver and the methods to be used to

measure annually such progress for meeting such goals

and outcomes;

‘‘(D) explains how the waiver will assist the State

educational agency and each affected local educational

agency, Indian tribe, or school in reaching those goals;

and

‘‘(E) describes how schools will continue to provide

assistance to the same populations served by programs

for which waivers are requested.

‘‘(2) ADDITIONAL INFORMATION.—Such requests—

‘‘(A) may provide for waivers of requirements applicable

to State educational agencies, local educational agencies,

Indian tribes, and schools; and

‘‘(B) shall be developed and submitted—

20 USC 7861.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1973

‘‘(i)(I) by local educational agencies (on behalf of

those agencies and schools) to State educational agencies; and ‘‘(II) by State educational agencies (on behalf of,

and based on the requests of, local educational agencies) to the Secretary; or

‘‘(ii) by Indian tribes (on behalf of schools operated

by the tribes) to the Secretary.

‘‘(3) GENERAL REQUIREMENTS.— ‘‘(A) STATE EDUCATIONAL AGENCIES.—In the case of

a waiver request submitted by a State educational agency

acting on its own behalf, the State educational agency

shall— ‘‘(i) provide all interested local educational agencies

in the State with notice and a reasonable opportunity

to comment on the request; ‘‘(ii) submit the comments to the Secretary; and

‘‘(iii) provide notice and information to the public

regarding the waiver request in the manner in which

the applying agency customarily provides similar

notices and information to the public.

‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In the case of

a waiver request submitted by a local educational agency

that receives funds under this Act—

‘‘(i) the request shall be reviewed by the State

educational agency and be accompanied by the comments, if any, of the State educational agency; and

‘‘(ii) notice and information regarding the waiver

request shall be provided to the public by the agency

requesting the waiver in the manner in which that

agency customarily provides similar notices and

information to the public.

‘‘(c) RESTRICTIONS.—The Secretary shall not waive under this

section any statutory or regulatory requirements relating to—

‘‘(1) the allocation or distribution of funds to States, local

educational agencies, or other recipients of funds under this

Act;

‘‘(2) maintenance of effort;

‘‘(3) comparability of services;

‘‘(4) use of Federal funds to supplement, not supplant,

non-Federal funds;

‘‘(5) equitable participation of private school students and

teachers;

‘‘(6) parental participation and involvement;

‘‘(7) applicable civil rights requirements;

‘‘(8) the requirement for a charter school under subpart

1 of part B of title V;

‘‘(9) the prohibitions regarding—

‘‘(A) State aid in section 9522;

‘‘(B) use of funds for religious worship or instruction

in section 9505; and

‘‘(C) activities in section 9526; or

‘‘(10) the selection of a school attendance area or school

under subsections (a) and (b) of section 1113, except that the

Secretary may grant a waiver to allow a school attendance

area or school to participate in activities under part A of title

I if the percentage of children from low-income families in

115 STAT. 1974 PUBLIC LAW 107–110—JAN. 8, 2002

the school attendance area or who attend the school is not

more than 10 percentage points below the lowest percentage

of those children for any school attendance area or school

of the local educational agency that meets the requirements

of subsections (a) and (b) of section 1113.

‘‘(d) DURATION AND EXTENSION OF WAIVER.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

a waiver approved by the Secretary under this section may

be for a period not to exceed 4 years. ‘‘(2) EXTENSION.—The Secretary may extend the period

described in paragraph (1) if the Secretary determines that— ‘‘(A) the waiver has been effective in enabling the State

or affected recipient to carry out the activities for which

the waiver was requested and the waiver has contributed

to improved student achievement; and ‘(B) the extension is in the public interest. ‘‘(e) REPORTS.—

‘‘(1) LOCAL WAIVER.—A local educational agency that

receives a waiver under this section shall, at the end of the

second year for which a waiver is received under this section

and each subsequent year, submit a report to the State educational agency that—

‘‘(A) describes the uses of the waiver by the agency

or by schools;

‘‘(B) describes how schools continued to provide assistance to the same populations served by the programs for

which waivers were granted; and

‘‘(C) evaluates the progress of the agency and of schools

in improving the quality of instruction or the academic

achievement of students.

‘‘(2) STATE WAIVER.—A State educational agency that

receives reports required under paragraph (1) shall annually

submit a report to the Secretary that is based on those reports

and contains such information as the Secretary may require.

‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe that receives

a waiver under this section shall annually submit a report

to the Secretary that—

‘‘(A) describes the uses of the waiver by schools operated by the tribe; and

‘‘(B) evaluates the progress of those schools in

improving the quality of instruction or the academic

achievement of students.

‘‘(4) REPORT TO CONGRESS.—Beginning in fiscal year 2002

and for each subsequent year, the Secretary shall submit to

the Committee on Education and the Workforce of the House

of Representatives and the Committee on Health, Education,

Labor, and Pensions of the Senate a report—

‘‘(A) summarizing the uses of waivers by State educational agencies, local educational agencies, Indian tribes,

and schools; and

‘‘(B) describing whether the waivers— ‘‘(i) increased the quality of instruction to students;

or

‘‘(ii) improved the academic achievement of students.

‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall terminate

a waiver under this section if the Secretary determines, after notice

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1975

and an opportunity for a hearing, that the performance of the

State or other recipient affected by the waiver has been inadequate

to justify a continuation of the waiver or if the waiver is no longer

necessary to achieve its original purposes.

‘‘(g) PUBLICATION.—A notice of the Secretary’s decision to grant

each waiver under subsection (a) shall be published in the Federal

Register and the Secretary shall provide for the dissemination

of the notice to State educational agencies, interested parties,

including educators, parents, students, advocacy and civil rights

organizations, and the public.

‘‘PART E—UNIFORM PROVISIONS

‘‘Subpart 1—Private Schools

‘‘SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND

TEACHERS.

‘‘(a) PRIVATE SCHOOL PARTICIPATION.—

‘‘(1) IN GENERAL.—Except as otherwise provided in this

Act, to the extent consistent with the number of eligible children

in areas served by a State educational agency, local educational

agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a

program specified in subsection (b), who are enrolled in private

elementary schools and secondary schools in areas served by

such agency, consortium, or entity, the agency, consortium,

or entity shall, after timely and meaningful consultation with

appropriate private school officials provide to those children

and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that

address their needs under the program.

‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR

BENEFITS.—Educational services or other benefits, including

materials and equipment, provided under this section, shall

be secular, neutral, and nonideological. ‘‘(3) SPECIAL RULE.—Educational services and other benefits

provided under this section for private school children, teachers,

and other educational personnel shall be equitable in comparison to services and other benefits for public school children,

teachers, and other educational personnel participating in the

program and shall be provided in a timely manner.

‘‘(4) EXPENDITURES.—Expenditures for educational services

and other benefits provided under this section for eligible private school children, their teachers, and other educational personnel serving those children shall be equal, taking into account

the number and educational needs of the children to be served,

to the expenditures for participating public school children.

‘‘(5) PROVISION OF SERVICES.—An agency, consortium, or

entity described in subsection (a)(1) of this section may provide

those services directly or through contracts with public and

private agencies, organizations, and institutions.

‘‘(b) APPLICABILITY.—

‘‘(1) IN GENERAL.—This section applies to programs under—

‘‘(A) subparts 1 and 3 of part B of title I;

‘‘(B) part C of title I;

‘‘(C) part A of title II, to the extent provided in paragraph (3);

20 USC 7881.

Federal Register,

publication.

115 STAT. 1976 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(D) part B of title II;

‘‘(E) part D of title II;

‘‘(F) part A of title III;

‘‘(G) part A of title IV; and

‘‘(H) part B of title IV.

‘‘(2) DEFINITION.—For the purpose of this section, the term ‘eligible children’ means children eligible for services under

a program described in paragraph (1). ‘‘(3) APPLICATION.—(A) Except as provided in subparagraph

(B), this subpart, including subsection (a)(4), applies to funds

awarded to a local educational agency under part A of title

II only to the extent that the local educational agency uses

funds under that part to provide professional development to

teachers and others. ‘‘(B) Subject to subparagraph (A), the share of the local

educational agency’s subgrant under part A of title II that

is used for professional development and subject to a determination of equitable expenditures under subsection (a)(4) shall

not be less than the aggregate share of that agency’s awards

that were used for professional development for fiscal year

2001 under section 2203(1)(B) (as such section was in effect

on the day preceding the date of enactment of the No Child

Left Behind Act of 2001) and section 306 of the Department

of Education Appropriations Act, 2001.

‘‘(c) CONSULTATION.—

‘‘(1) IN GENERAL.—To ensure timely and meaningful consultation, a State educational agency, local educational agency,

educational service agency, consortium of those agencies, or

entity shall consult with appropriate private school officials

during the design and development of the programs under

this Act, on issues such as—

‘‘(A) how the children’s needs will be identified;

‘‘(B) what services will be offered;

‘‘(C) how, where, and by whom the services will be

provided; ‘‘(D) how the services will be assessed and how the

results of the assessment will be used to improve those

services;

‘‘(E) the size and scope of the equitable services to

be provided to the eligible private school children, teachers,

and other educational personnel and the amount of funds

available for those services; and

‘‘(F) how and when the agency, consortium, or entity

will make decisions about the delivery of services, including

a thorough consideration and analysis of the views of the

private school officials on the provision of contract services

through potential third-party providers.

‘‘(2) DISAGREEMENT.—If the agency, consortium, or entity

disagrees with the views of the private school officials on the

provision of services through a contract, the agency, consortium,

or entity shall provide to the private school officials a written

explanation of the reasons why the local educational agency

has chosen not to use a contractor.

‘‘(3) TIMING.—The consultation required by paragraph (1)

shall occur before the agency, consortium, or entity makes

any decision that affects the opportunities of eligible private

school children, teachers, and other educational personnel to

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1977

participate in programs under this Act, and shall continue

throughout the implementation and assessment of activities

under this section. ‘‘(4) DISCUSSION REQUIRED.—The consultation required by

paragraph (1) shall include a discussion of service delivery

mechanisms that the agency, consortium, or entity could use

to provide equitable services to eligible private school children,

teachers, administrators, and other staff.

‘‘(d) PUBLIC CONTROL OF FUNDS.— ‘‘(1) IN GENERAL.—The control of funds used to provide

services under this section, and title to materials, equipment,

and property purchased with those funds, shall be in a public

agency for the uses and purposes provided in this Act, and

a public agency shall administer the funds and property. ‘‘(2) PROVISION OF SERVICES.— ‘‘(A) IN GENERAL.—The provision of services under this

section shall be provided— ‘‘(i) by employees of a public agency; or

‘‘(ii) through contract by the public agency with

an individual, association, agency, organization, or

other entity.

‘‘(B) INDEPENDENCE; PUBLIC AGENCY.—In the provision

of those services, the employee, person, association, agency,

organization, or other entity shall be independent of the

private school and of any religious organization, and the

employment or contract shall be under the control and

supervision of the public agency. ‘‘(C) COMMINGLING OF FUNDS PROHIBITED.—Funds used

to provide services under this section shall not be commingled with non-Federal funds.

‘‘SEC. 9502. STANDARDS FOR BY-PASS.

‘‘(a) IN GENERAL.—If, by reason of any provision of law, a

State educational agency, local educational agency, educational

service agency, consortium of those agencies, or other entity is

prohibited from providing for the participation in programs of children enrolled in, or teachers or other educational personnel from,

private elementary schools and secondary schools, on an equitable

basis, or if the Secretary determines that the agency, consortium,

or entity has substantially failed or is unwilling to provide for

that participation, as required by section 9501, the Secretary shall— ‘‘(1) waive the requirements of that section for the agency,

consortium, or entity; and ‘‘(2) arrange for the provision of equitable services to those

children, teachers, or other educational personnel through

arrangements that shall be subject to the requirements of this

section and of sections 9501, 9503, and 9504.

‘‘(b) DETERMINATION.—In making the determination under subsection (a), the Secretary shall consider one or more factors,

including the quality, size, scope, and location of the program,

and the opportunity of private school children, teachers, and other

educational personnel to participate in the program.

‘‘SEC. 9503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE

SCHOOL CHILDREN.

‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary shall

develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other

20 USC 7883.

20 USC 7882.

115 STAT. 1978 PUBLIC LAW 107–110—JAN. 8, 2002

individuals and organizations concerning violations of section 9501

by a State educational agency, local educational agency, educational

service agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State

educational agency for a written resolution by the State educational

agency within a reasonable period of time.

‘‘(b) APPEALS TO SECRETARY.—The resolution may be appealed

by an interested party to the Secretary not later than 30 days

after the State educational agency resolves the complaint or fails

to resolve the complaint within a reasonable period of time. The

appeal shall be accompanied by a copy of the State educational

agency’s resolution, and a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve

the appeal not later than 120 days after receipt of the appeal.

‘‘SEC. 9504. BY-PASS DETERMINATION PROCESS.

‘‘(a) REVIEW.—

‘‘(1) IN GENERAL.—

‘‘(A) WRITTEN OBJECTIONS.—The Secretary shall not

take any final action under section 9502 until the State

educational agency, local educational agency, educational

service agency, consortium of those agencies, or entity

affected by the action has had an opportunity, for not

less than 45 days after receiving written notice thereof,

to submit written objections and to appear before the Secretary to show cause why that action should not be taken.

‘‘(B) PRIOR TO REDUCTION.—Pending final resolution

of any investigation or complaint that could result in a

determination under this section, the Secretary may withhold from the allocation of the affected State educational

agency or local educational agency the amount estimated

by the Secretary to be necessary to pay the cost of those

services.

‘‘(2) PETITION FOR REVIEW.—

‘‘(A) PETITION.—If the affected agency, consortium, or

entity is dissatisfied with the Secretary’s final action after

a proceeding under paragraph (1), the agency, consortium,

or entity may, within 60 days after notice of that action,

file with the United States court of appeals for the circuit

in which the State is located a petition for review of that

action.

‘‘(B) TRANSMISSION.—A copy of the petition shall be

forthwith transmitted by the clerk of the court to the

Secretary.

‘‘(C) FILING.—The Secretary, upon receipt of the copy

of the petition, shall file in the court the record of the

proceedings on which the Secretary based the action, as

provided in section 2112 of title 28, United States Code.

‘‘(3) FINDINGS OF FACT.—

‘‘(A) IN GENERAL.—The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand

the case to the Secretary to take further evidence and

the Secretary may then make new or modified findings

of fact and may modify the Secretary’s previous action,

and shall file in the court the record of the further proceedings.

20 USC 7884.

Deadline.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1979

‘‘(B) NEW OR MODIFIED FINDINGS.—Any new or modified

findings of fact shall likewise be conclusive if supported

by substantial evidence.

‘‘(4) JURISDICTION.— ‘‘(A) IN GENERAL.—Upon the filing of a petition, the

court shall have jurisdiction to affirm the action of the

Secretary or to set the action aside, in whole or in part. ‘‘(B) JUDGMENT.—The judgment of the court shall be

subject to review by the Supreme Court of the United

States upon certiorari or certification as provided in section

1254 of title 28, United States Code. ‘‘(b) DETERMINATION.—Any determination by the Secretary

under this section shall continue in effect until the Secretary determines, in consultation with that agency, consortium, or entity and

representatives of the affected private school children, teachers,

or other educational personnel, that there will no longer be any

failure or inability on the part of the agency, consortium, or entity

to meet the applicable requirements of section 9501 or any other

provision of this Act. ‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the Secretary

arranges for services pursuant to this section, the Secretary shall,

after consultation with the appropriate public and private school

officials, pay the cost of those services, including the administrative

costs of arranging for those services, from the appropriate allocation

or allocations under this Act.

‘‘(d) PRIOR DETERMINATION.—Any by-pass determination by the

Secretary under this Act as in effect on the day preceding the

date of enactment of the No Child Left Behind Act of 2001 shall

remain in effect to the extent the Secretary determines that that

determination is consistent with the purpose of this section.

‘‘SEC. 9505. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP

OR INSTRUCTION.

‘‘Nothing contained in this Act shall be construed to authorize

the making of any payment under this Act for religious worship

or instruction.

‘‘SEC. 9506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS.

‘‘(a) APPLICABILITY TO NONRECIPIENT PRIVATE SCHOOLS.—

Nothing in this Act shall be construed to affect any private school

that does not receive funds or services under this Act, nor shall

any student who attends a private school that does not receive

funds or services under this Act be required to participate in any

assessment referenced in this Act.

‘‘(b) APPLICABILITY TO HOME SCHOOLS.—Nothing in this Act

shall be construed to affect a home school, whether or not a home

school is treated as a home school or a private school under State

law, nor shall any student schooled at home be required to participate in any assessment referenced in this Act.

‘‘(c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CONTROL OVER NONPUBLIC SCHOOLS.—Nothing in this Act shall be

construed to permit, allow, encourage, or authorize any Federal

control over any aspect of any private, religious, or home school,

whether or not a home school is treated as a private school or

home school under State law. This section shall not be construed

to bar private, religious, or home schools from participation in

programs or services under this Act.

20 USC 7886.

20 USC 7885.

115 STAT. 1980 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(d) RULE OF CONSTRUCTION ON STATE AND LOCAL EDU- CATIONAL AGENCY MANDATES.—Nothing in this Act shall be construed to require any State educational agency or local educational

agency that receives funds under this Act to mandate, direct, or

control the curriculum of a private or home school, regardless

or whether or not a home school is treated as a private school

under state law, nor shall any funds under this Act be used for

this purpose.

‘‘Subpart 2—Other Provisions

‘‘SEC. 9521. MAINTENANCE OF EFFORT.

‘‘(a) IN GENERAL.—A local educational agency may receive funds

under a covered program for any fiscal year only if the State

educational agency finds that either the combined fiscal effort per

student or the aggregate expenditures of the agency and the State

with respect to the provision of free public education by the agency

for the preceding fiscal year was not less than 90 percent of the

combined fiscal effort or aggregate expenditures for the second

preceding fiscal year. ‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.— ‘‘(1) IN GENERAL.—The State educational agency shall

reduce the amount of the allocation of funds under a covered

program in any fiscal year in the exact proportion by which

a local educational agency fails to meet the requirement of

subsection (a) of this section by falling below 90 percent of

both the combined fiscal effort per student and aggregate

expenditures (using the measure most favorable to the local

agency).

‘‘(2) SPECIAL RULE.—No such lesser amount shall be used

for computing the effort required under subsection (a) of this

section for subsequent years.

‘‘(c) WAIVER.—The Secretary may waive the requirements of

this section if the Secretary determines that a waiver would be

equitable due to— ‘‘(1) exceptional or uncontrollable circumstances, such as

a natural disaster; or

‘‘(2) a precipitous decline in the financial resources of the

local educational agency.

‘‘SEC. 9522. PROHIBITION REGARDING STATE AID.

‘‘A State shall not take into consideration payments under

this Act (other than under title VIII) in determining the eligibility

of any local educational agency in that State for State aid, or

the amount of State aid, with respect to free public education

of children.

‘‘SEC. 9523. PRIVACY OF ASSESSMENT RESULTS.

‘‘Any results from an individual assessment referred to in this

Act of a student that become part of the education records of

the student shall have the protections provided in section 444

of the General Education Provisions Act.

‘‘SEC. 9524. SCHOOL PRAYER.

‘‘(a) GUIDANCE.—The Secretary shall provide and revise guidance, not later than September 1, 2002, and of every second year

thereafter, to State educational agencies, local educational agencies,

and the public on constitutionally protected prayer in public

Deadline.

20 USC 7904.

20 USC 7903.

20 USC 7902.

20 USC 7901.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1981

elementary schools and secondary schools, including making the

guidance available on the Internet. The guidance shall be reviewed,

prior to distribution, by the Office of Legal Counsel of the Department of Justice for verification that the guidance represents the

current state of the law concerning constitutionally protected prayer

in public elementary schools and secondary schools.

‘‘(b) CERTIFICATION.—As a condition of receiving funds under

this Act, a local educational agency shall certify in writing to

the State educational agency involved that no policy of the local

educational agency prevents, or otherwise denies participation in,

constitutionally protected prayer in public elementary schools and

secondary schools, as detailed in the guidance required under subsection (a). The certification shall be provided by October 1 of

each year. The State educational agency shall report to the Secretary by November 1 of each year a list of those local educational

agencies that have not filed the certification or against which complaints have been made to the State educational agency that the

local educational agencies are not in compliance with this section. ‘‘(c) ENFORCEMENT.—The Secretary is authorized and directed

to effectuate subsection (b) by issuing, and securing compliance

with, rules or orders with respect to a local educational agency

that fails to certify, or is found to have certified in bad faith,

that no policy of the local educational agency prevents, or otherwise

denies participation in, constitutionally protected prayer in public

elementary schools and secondary schools.

‘‘SEC. 9525. EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES.

‘‘(a) SHORT TITLE.—This section may be cited as the ‘Boy Scouts

of America Equal Access Act’.

‘‘(b) IN GENERAL.—

‘‘(1) EQUAL ACCESS.—Notwithstanding any other provision

of law, no public elementary school, public secondary school,

local educational agency, or State educational agency that has

a designated open forum or a limited public forum and that

receives funds made available through the Department shall

deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts

of America, or any other youth group listed in title 36 of

the United States Code (as a patriotic society), that wishes

to conduct a meeting within that designated open forum or

limited public forum, including denying such access or opportunity or discriminating for reasons based on the membership

or leadership criteria or oath of allegiance to God and country

of the Boy Scouts of America or of the youth group listed

in title 36 of the United States Code (as a patriotic society).

‘‘(2) VOLUNTARY SPONSORSHIP.—Nothing in this section

shall be construed to require any school, agency, or a school

served by an agency to sponsor any group officially affiliated

with the Boy Scouts of America, or any other youth group

listed in title 36 of the United States Code (as a patriotic

society).

‘‘(c) TERMINATION OF ASSISTANCE AND OTHER ACTION.—

‘‘(1) DEPARTMENTAL ACTION.—The Secretary is authorized

and directed to effectuate subsection (b) by issuing and securing

compliance with rules or orders with respect to a public

elementary school, public secondary school, local educational

agency, or State educational agency that receives funds made

Boy Scouts of

America Equal

Access Act.

20 USC 7905.

115 STAT. 1982 PUBLIC LAW 107–110—JAN. 8, 2002

available through the Department and that denies equal access,

or a fair opportunity to meet, or discriminates, as described

in subsection (b). ‘‘(2) PROCEDURE.—The Secretary shall issue and secure

compliance with the rules or orders, under paragraph (1),

through the Office for Civil Rights and in a manner consistent

with the procedure used by a Federal department or agency

under section 602 of the Civil Rights Act of 1964. If the public

school or agency does not comply with the rules or orders,

then notwithstanding any other provision of law, no funds

made available through the Department shall be provided to

a school that fails to comply with such rules or orders or

to any agency or school served by an agency that fails to

comply with such rules or orders. ‘‘(3) JUDICIAL REVIEW.—Any action taken by the Secretary

under paragraph (1) shall be subject to the judicial review

described in section 603 of the Civil Rights Act of 1964. Any

person aggrieved by the action may obtain that judicial review

in the manner, and to the extent, provided in section 603

of such Act.

‘‘(d) DEFINITION AND RULE.—

‘‘(1) DEFINITION.—In this section, the term ‘youth group’

means any group or organization intended to serve young people

under the age of 21.

‘‘(2) RULE.—For the purpose of this section, an elementary

school or secondary school has a limited public forum whenever

the school involved grants an offering to, or opportunity for,

one or more outside youth or community groups to meet on

school premises or in school facilities before or after the hours

during which attendance at the school is compulsory.

‘‘SEC. 9526. GENERAL PROHIBITIONS.

‘‘(a) PROHIBITION.—None of the funds authorized under this

Act shall be used—

‘‘(1) to develop or distribute materials, or operate programs

or courses of instruction directed at youth, that are designed

to promote or encourage sexual activity, whether homosexual

or heterosexual;

‘‘(2) to distribute or to aid in the distribution by any

organization of legally obscene materials to minors on school

grounds;

‘‘(3) to provide sex education or HIV-prevention education

in schools unless that instruction is age appropriate and

includes the health benefits of abstinence; or

‘‘(4) to operate a program of contraceptive distribution in

schools.

‘‘(b) LOCAL CONTROL.—Nothing in this section shall be construed to—

‘‘(1) authorize an officer or employee of the Federal Government to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum,

and related activities;

‘‘(2) limit the application of the General Education Provisions Act;

‘‘(3) require the distribution of scientifically or medically

false or inaccurate materials or to prohibit the distribution

of scientifically or medically true or accurate materials; or

20 USC 7906.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1983

‘‘(4) create any legally enforceable right.

‘‘SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF

FEDERAL FUNDS.

‘‘(a) GENERAL PROHIBITION.—Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency,

or school’s curriculum, program of instruction, or allocation of State

or local resources, or mandate a State or any subdivision thereof

to spend any funds or incur any costs not paid for under this

Act. ‘‘(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwithstanding any other prohibition of Federal law, no funds provided

to the Department under this Act may be used by the Department

to endorse, approve, or sanction any curriculum designed to be

used in an elementary school or secondary school. ‘‘(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFI- CATION OF STANDARDS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of

Federal law, no State shall be required to have academic content or student academic achievement standards approved or

certified by the Federal Government, in order to receive assistance under this Act. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection

shall be construed to affect requirements under title I or part

A of title VI.

‘‘(d) RULE OF CONSTRUCTION ON BUILDING STANDARDS.— Nothing in this Act shall be construed to mandate national school

building standards for a State, local educational agency, or school.

‘‘SEC. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND

STUDENT RECRUITING INFORMATION.

‘‘(a) POLICY.— ‘‘(1) ACCESS TO STUDENT RECRUITING INFORMATION.—Notwithstanding section 444(a)(5)(B) of the General Education

Provisions Act and except as provided in paragraph (2), each

local educational agency receiving assistance under this Act

shall provide, on a request made by military recruiters or

an institution of higher education, access to secondary school

students names, addresses, and telephone listings. ‘‘(2) CONSENT.—A secondary school student or the parent

of the student may request that the student’s name, address,

and telephone listing described in paragraph (1) not be released

without prior written parental consent, and the local educational agency or private school shall notify parents of the

option to make a request and shall comply with any request. ‘‘(3) SAME ACCESS TO STUDENTS.—Each local educational

agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students

as is provided generally to post secondary educational institutions or to prospective employers of those students.

‘‘(b) NOTIFICATION.—The Secretary, in consultation with the

Secretary of Defense, shall, not later than 120 days after the date

of enactment of the No Child Left Behind Act of 2001, notify

principals, school administrators, and other educators about the

requirements of this section.

‘‘(c) EXCEPTION.—The requirements of this section do not apply

to a private secondary school that maintains a religious objection

Deadline.

20 USC 7908.

20 USC 7907.

115 STAT. 1984 PUBLIC LAW 107–110—JAN. 8, 2002

to service in the Armed Forces if the objection is verifiable through

the corporate or other organizational documents or materials of

that school. ‘‘(d) SPECIAL RULE.—A local educational agency prohibited by

Connecticut State law (either explicitly by statute or through statutory interpretation by the State Supreme Court or State Attorney

General) from providing military recruiters with information or

access as required by this section shall have until May 31, 2002,

to comply with that requirement.

‘‘SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

‘‘(a) GENERAL PROHIBITION.—Notwithstanding any other provision of Federal law and except as provided in subsection (b), no

funds provided under this Act to the Secretary or to the recipient

of any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national

test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law. ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to international comparative assessments developed under the authority

of section 404(a)(6) of the National Education Statistics Act of

1994 and administered to only a representative sample of pupils

in the United States and in foreign nations.

‘‘SEC. 9530. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION

FOR TEACHERS.

‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFICATION OF

TEACHERS.—Notwithstanding any other provision of this Act or

any other provision of law, no funds available to the Department

or otherwise available under this Act may be used for any purpose

relating to a mandatory nationwide test or certification of teachers

or education paraprofessionals, including any planning, development, implementation, or administration of such test or certification.

‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The Secretary is

prohibited from withholding funds from any State educational

agency or local educational agency if the State educational agency

or local educational agency fails to adopt a specific method of

teacher or paraprofessional certification.

‘‘SEC. 9531. PROHIBITION ON NATIONWIDE DATABASE.

‘‘Nothing in this Act (other than section 1308(b)) shall be construed to authorize the development of a nationwide database of

personally identifiable information on individuals involved in

studies or other collections of data under this Act.

‘‘SEC. 9532. UNSAFE SCHOOL CHOICE OPTION.

‘‘(a) UNSAFE SCHOOL CHOICE POLICY.—Each State receiving

funds under this Act shall establish and implement a statewide

policy requiring that a student attending a persistently dangerous

public elementary school or secondary school, as determined by

the State in consultation with a representative sample of local

educational agencies, or who becomes a victim of a violent criminal

offense, as determined by State law, while in or on the grounds

of a public elementary school or secondary school that the student

attends, be allowed to attend a safe public elementary school or

secondary school within the local educational agency, including

a public charter school.

20 USC 7912.

20 USC 7911.

20 USC 7910.

20 USC 7909.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1985

‘‘(b) CERTIFICATION.—As a condition of receiving funds under

this Act, a State shall certify in writing to the Secretary that

the State is in compliance with this section.

‘‘SEC. 9533. PROHIBITION ON DISCRIMINATION.

‘‘Nothing in this Act shall be construed to require, authorize,

or permit, the Secretary, or a State educational agency, local educational agency, or school to grant to a student, or deny or impose

upon a student, any financial or educational benefit or burden,

in violation of the fifth or 14th amendments to the Constitution

or other law relating to discrimination in the provision of federally

funded programs or activities.

‘‘SEC. 9534. CIVIL RIGHTS.

‘‘(a) IN GENERAL.—Nothing in this Act shall be construed to

permit discrimination on the basis of race, color, religion, sex (except

as otherwise permitted under title IX of the Education Amendments

of 1972), national origin, or disability in any program funded under

this Act. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this Act shall be

construed to require the disruption of services to a child or the

displacement of a child enrolled in or participating in a program

administered by an eligible entity, as defined in section 1116 of

title I and part B of title V, at the commencement of the entity’s

participation in a grant under section 1116 of title I or part B

of title V.

‘‘SEC. 9535. RULEMAKING.

‘‘The Secretary shall issue regulations under this Act only to

the extent that such regulations are necessary to ensure that there

is compliance with the specific requirements and assurances

required by this Act.

‘‘SEC. 9536. SEVERABILITY.

‘‘If any provision of this Act is held invalid, the remainder

of this Act shall be unaffected thereby.

‘‘PART F—EVALUATIONS

‘‘SEC. 9601. EVALUATIONS.

‘‘(a) RESERVATION OF FUNDS.—Except as provided in subsections

(b) and (c), the Secretary may reserve not more than 0.5 percent

of the amount appropriated to carry out each categorical program

and demonstration project authorized under this Act—

‘‘(1) to conduct—

‘‘(A) comprehensive evaluations of the program or

project; and

‘‘(B) studies of the effectiveness of the program or

project and its administrative impact on schools and local

educational agencies;

‘‘(2) to evaluate the aggregate short- and long-term effects

and cost efficiencies across Federal programs assisted or authorized under this Act and related Federal preschool, elementary,

and secondary programs under any other Federal law; and

‘‘(3) to increase the usefulness of evaluations of grant recipients in order to ensure the continuous progress of the program

or project by improving the quality, timeliness, efficiency, and

20 USC 7941.

20 USC 7916.

20 USC 7915.

20 USC 7914.

20 USC 7913.

115 STAT. 1986 PUBLIC LAW 107–110—JAN. 8, 2002

use of information relating to performance under the program

or project.

‘‘(b) TITLES I AND III EXCLUDED.—The Secretary may not

reserve under subsection (a) funds appropriated to carry out any

program authorized under title I or title III.

‘‘(c) EVALUATION ACTIVITIES AUTHORIZED ELSEWHERE.—If,

under any other provision of this Act (other than title I), funds

are authorized to be reserved or used for evaluation activities

with respect to a program or project, the Secretary may not reserve

additional funds under this section for the evaluation of that program or project.’’.

TITLE X—REPEALS, REDESIGNATIONS,

AND AMENDMENTS TO OTHER STATUTES

PART A—REPEALS

SEC. 1011. REPEALS.

The following provisions of law are repealed:

(1) Part G of title XV of the Higher Education Amendments

of 1992 (20 U.S.C. 1070a–11 note), relating to the Advanced

Placement fee payment program.

(2) Part B of title VIII of the Higher Education Amendments of 1998 (20 U.S.C. 1070a–11 note), relating to the

Advanced Placement incentive program.

(3) Part F of the General Education Provisions Act (20

U.S.C. 1235 et seq.), relating to Ready to Learn Television.

(4) The following provisions of the Goals 2000: Educate

America Act (20 U.S.C. 5801 et seq.):

(A) Parts A and C of title II (20 U.S.C. 5821 et seq.,

5871), relating to the National Education Goals Panel.

(B) Title VI (20 U.S.C. 5951), relating to the International Education Program.

(5) The following provisions of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.):

(A) Titles X through XII (20 U.S.C. 8001 et seq.).

(B) Sections 13001 and 13002 (20 U.S.C. 8601, 8602).

(C) Title XIV (20 U.S.C. 8801 et seq.).

(6) The Troops-to-Teachers Program Act of 1999 (20 U.S.C.

9301 et seq.).

SEC. 1012. CONFORMING CLERICAL AND TECHNICAL AMENDMENTS.

The table of contents in section 1(b) of the Goals 2000: Educate

America Act (20 U.S.C. 5801 note) is amended by striking the

items relating to the following provisions:

(1) Parts A and C of title II (including the items relating

to sections within those parts).

(2) Sections 231, 232, 234, and 235.

(3) Titles III through VI (including the items relating to

sections within those titles).

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1987

PART B—REDESIGNATIONS

SEC. 1021. COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.

(a) IN GENERAL.—Part A of title XIII of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 8621 et seq.) is transferred to and redesignated as part K of the Educational Research,

Development, Dissemination, and Improvement Act of 1994.

(b) SECTIONS.—Sections 13101 through 13105 of such part are

redesignated as sections 1001 through 1005, respectively.

(c) DEFINED TERMS.—Part K of the Educational Research,

Development, Dissemination, and Improvement Act of 1994 (as

transferred and redesignated by this section) is amended by adding

at the end the following new section:

‘‘SEC. 1006. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101

of the Elementary and Secondary Education Act of 1965 shall

apply.’’.

SEC. 1022. NATIONAL DIFFUSION NETWORK.

(a) IN GENERAL.—Part B of title XIII of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 8651 et seq.) is transferred to and redesignated as part L of the Educational Research,

Development, Dissemination, and Improvement Act of 1994.

(b) SECTIONS.—Sections 13201 and 13102 of such part are

redesignated as sections 1011 and 1012, respectively.

(c) DEFINED TERMS.—Part L of the Educational Research,

Development, Dissemination, and Improvement Act of 1994 (as

transferred and redesignated by this section) is amended by adding

at the end the following new section:

‘‘SEC. 1013. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101

of the Elementary and Secondary Education Act of 1965 shall

apply.’’.

SEC. 1023. EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION CONSORTIA.

(a) IN GENERAL.—Part C of title XIII of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 8671 et seq.) is transferred to and redesignated as part M of the Educational Research,

Development, Dissemination, and Improvement Act of 1994.

(b) SECTIONS.—Sections 13301 through 13108 of such part are

redesignated as sections 1021 through 1028, respectively.

(c) DEFINED TERMS.—Part M of the Educational Research,

Development, Dissemination, and Improvement Act of 1994 (as

transferred and redesignated by this section) is amended by adding

at the end the following new section:

‘‘SEC. 1029. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101

of the Elementary and Secondary Education Act of 1965 shall

apply.’’.

SEC. 1024. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.

(a) IN GENERAL.—Part D of title XIII of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 8701) is transferred

20 USC 6056.

20 USC 6055h.

20 USC 6055–

6055g.

20 USC 6055–

6055g.

20 USC 6054b.

20 USC 6054,

6054a.

20 USC 6054,

6054a.

20 USC 6053e.

20 USC 6053–

6053d.

20 USC 6053–

6053d.

115 STAT. 1988 PUBLIC LAW 107–110—JAN. 8, 2002

to and redesignated as part N of the Educational Research, Development, Dissemination, and Improvement Act of 1994.

(b) SECTIONS.—Section 13401 of such part is redesignated as

section 1031.

(c) DEFINED TERMS.—Part N of the Educational Research,

Development, Dissemination, and Improvement Act of 1994 (as

transferred and redesignated by this section) is amended by adding

at the end the following new section:

‘‘SEC. 1032. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101

of the Elementary and Secondary Education Act of 1965 shall

apply.’’.

SEC. 1025. CONFORMING AMENDMENTS.

(a) PARTS K THROUGH M.—Parts K through M of the Educational Research, Development, Dissemination, and Improvement

Act of 1994 (as transferred and redesignated by sections 1021

through 1024 of this Act) are amended as follows:

(1) Insert ‘‘of such Act’’ in— (A) section 1002(a)(1)(A), after ‘‘title I’’; and

(B) section 1002(a)(1)(B), after ‘‘section 1114’’. (2) Insert ‘‘of the Elementary and Secondary Education

Act of 1965 (as such Act was in effect on the day before

the date of enactment of the No Child Left Behind Act of

2001)’’ in—

(A) sections 1001(a)(2)(A) and 1011(e)(1), after ‘‘title

I’’;

(B) sections 1002(b)(1) and section 1011(g)(3)(A), after ‘‘section 1114’’; and

(C) in section 1011(e)(3), after ‘‘title III’’. (3) In section 1011(a)(1), strike ‘‘(hereafter referred to in

this Act as ‘NDN’)’’. (4) In subsections (c) and (g)(1) of section 1011 and in

section 1027(1)(E), strike ‘‘of the Educational Research,

Development, Dissemination, and Improvement Act of 1994’’. (5) In subsections (a)(2)(A) and (d) of section 1011, strike ‘‘part A’’ and insert ‘‘part K’’. (6) In sections 1002(a)(4) and 1011(e)(3), strike ‘‘part C’’ and insert ‘‘part M’’. (7) In section 1002(a), strike ‘‘section 13101(a)’’ and insert ‘‘section 1001(a)’’. (8) In section 1003(b)(1), strike ‘‘section 13102’’ and insert ‘‘section 1002’’. (9) In section 1004(b)(1), strike ‘‘section 13105’’ and insert ‘‘section 1005’’. (10) In sections 1002(a)(7) and 1003(b)(2), strike ‘‘section

13201’’ and insert ‘‘section 1011’’. (11) In section 1022(2) and (3), strike ‘‘section 13301(a)(1)’’

and insert ‘‘section 1021(a)(1)’’.

(12) In section 1027(4), strike ‘‘section 13301’’ and insert

‘‘section 1021’’. (13) In subsections (a) and (b) of section 1025, strike ‘‘section 13303’’ and insert ‘‘section 1023’’. (14) In the text preceding paragraph (1) of section 1022,

strike ‘‘section 13304’’ and insert ‘‘section 1024’’. (15) In section 1021(a)(3), strike ‘‘section 13308’’ and insert ‘‘section 1028’’. 20 USC 6055.

20 USC 6055d.

20 USC 6055a.

20 USC 6053c.

20 USC 6053b.

20 USC 6055f.

20 USC 6053,

6054.

20 USC 6053a.

20 USC 6056a.

20 USC 6056.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1989

(16) In sections 1003(b)(2) and 1011(f)(4), strike ‘‘section

13401’’ and insert ‘‘section 1031’’. (17) Strike ‘‘this Act’’ and insert ‘‘the Elementary and Secondary Education Act of 1965 (as such Act was in effect on

the day before the date of enactment of the No Child Left

Behind Act of 2001)’’ in— (A) section 1001(a)(1) (the first occurrence only);

(B) paragraphs (1) through (3) of section 1001(c);

(C) paragraphs (1), (2), (6), and (8) of section 1002(a);

(D) section 1011(e); and

(E) section 1031(2).

(18) In paragraphs (1) and (2) of section 1004(b), strike ‘‘this Act’’ and insert ‘‘the Elementary and Secondary Education

Act of 1965’’. (19) In section 1001(a)(1) (the second occurrence only) and

in section 1002(a)(1)(C), strike ‘‘this Act’’ and insert ‘‘such Act’’. (20) Section 1011 is amended— (A) in subsection (a)(1), by striking ‘‘In order to implement the purposes of this title, the’’ and inserting ‘‘The’’;

and

(B) in subsection (f)(5), by striking ‘‘to achieve the

purposes of this title’’.

(21) In section 1022(1), strike ‘‘, the Eisenhower National

Clearinghouse for Science and Mathematics Education established under section 2102(b)’’.

(22) In section 1026(a), strike ‘‘section 14701’’ and insert

‘‘section 9601’’. (b) TITLE XIII HEADING.—The Elementary and Secondary Education Act of 1965 is amended by striking the heading of title

XIII.

PART C—HOMELESS EDUCATION

SEC. 1031. SHORT TITLE.

This part may be cited as the ‘‘McKinney-Vento Homeless Education Assistance Improvements Act of 2001’’.

SEC. 1032. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.

Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) is amended to read as follows:

‘‘Subtitle B—Education for Homeless Children and

Youths

‘‘SEC. 721. STATEMENT OF POLICY.

‘‘The following is the policy of the Congress:

‘‘(1) Each State educational agency shall ensure that each

child of a homeless individual and each homeless youth has

equal access to the same free, appropriate public education,

including a public preschool education, as provided to other

children and youths.

‘‘(2) In any State that has a compulsory residency requirement as a component of the State’s compulsory school attendance laws or other laws, regulations, practices, or policies that

may act as a barrier to the enrollment, attendance, or success

in school of homeless children and youths, the State will review

and undertake steps to revise such laws, regulations, practices,

42 USC 11431.

42 USC 11301

note.

McKinney-Vento

Homeless

Education

Assistance

Improvements

Act of 2001.

20 USC 6055e.

20 USC 6055a.

20 USC 6053c.

20 USC 6056.

20 USC 6053a.

20 USC 6053.

20 USC 6053b,

6054.

115 STAT. 1990 PUBLIC LAW 107–110—JAN. 8, 2002

or policies to ensure that homeless children and youths are

afforded the same free, appropriate public education as provided

to other children and youths.

‘‘(3) Homelessness alone is not sufficient reason to separate

students from the mainstream school environment.

‘‘(4) Homeless children and youths should have access to

the education and other services that such children and youths

need to ensure that such children and youths have an opportunity to meet the same challenging State student academic

achievement standards to which all students are held.

‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS.

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make

grants to States in accordance with the provisions of this section

to enable such States to carry out the activities described in subsections (d) through (g).

‘‘(b) APPLICATION.—No State may receive a grant under this

section unless the State educational agency submits an application

to the Secretary at such time, in such manner, and containing

or accompanied by such information as the Secretary may reasonably require.

‘‘(c) ALLOCATION AND RESERVATIONS.—

‘‘(1) ALLOCATION.—(A) Subject to subparagraph (B), the

Secretary is authorized to allot to each State an amount that

bears the same ratio to the amount appropriated for such

year under section 726 that remains after the Secretary

reserves funds under paragraph (2) and uses funds to carry

out section 724(d) and (h), as the amount allocated under

section 1122 of the Elementary and Secondary Education Act

of 1965 to the State for that year bears to the total amount

allocated under section 1122 of such Act to all States for that

year, except that no State shall receive less than the greater

of—

‘‘(i) $150,000;

‘‘(ii) one-fourth of 1 percent of the amount appropriated

under section 726 for that year; or

‘‘(iii) the amount such State received under this section

for fiscal year 2001.

‘‘(B) If there are insufficient funds in a fiscal year to allot

to each State the minimum amount under subparagraph (A),

the Secretary shall ratably reduce the allotments to all States

based on the proportionate share that each State received under

this subsection for the preceding fiscal year.

‘‘(2) RESERVATIONS.—(A) The Secretary is authorized to

reserve 0.1 percent of the amount appropriated for each fiscal

year under section 726 to be allocated by the Secretary among

the United States Virgin Islands, Guam, American Samoa,

and the Commonwealth of the Northern Mariana Islands,

according to their respective need for assistance under this

subtitle, as determined by the Secretary.

‘‘(B)(i) The Secretary shall transfer 1 percent of the amount

appropriated for each fiscal year under section 726 to the

Department of the Interior for programs for Indian students

served by schools funded by the Secretary of the Interior,

42 USC 11432.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1991

as determined under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), that are consistent

with the purposes of the programs described in this subtitle. ‘‘(ii) The Secretary and the Secretary of the Interior shall

enter into an agreement, consistent with the requirements of

this subtitle, for the distribution and use of the funds described

in clause (i) under terms that the Secretary determines best

meet the purposes of the programs described in this subtitle.

Such agreement shall set forth the plans of the Secretary

of the Interior for the use of the amounts transferred, including

appropriate goals, objectives, and milestones.

‘‘(3) STATE DEFINED.—For purposes of this subsection, the

term ‘State’ does not include the United States Virgin Islands,

Guam, American Samoa, or the Commonwealth of the Northern

Mariana Islands.

‘‘(d) ACTIVITIES.—Grants under this section shall be used for

the following: ‘‘(1) To carry out the policies set forth in section 721 in

the State. ‘‘(2) To provide activities for, and services to, homeless

children, including preschool-aged homeless children, and

youths that enable such children and youths to enroll in, attend,

and succeed in school, or, if appropriate, in preschool programs. ‘‘(3) To establish or designate an Office of Coordinator

for Education of Homeless Children and Youths in the State

educational agency in accordance with subsection (f). ‘‘(4) To prepare and carry out the State plan described

in subsection (g).

‘‘(5) To develop and implement professional development

programs for school personnel to heighten their awareness of,

and capacity to respond to, specific problems in the education

of homeless children and youths.

‘‘(e) STATE AND LOCAL SUBGRANTS.—

‘‘(1) MINIMUM DISBURSEMENTS BY STATES.—From the sums

made available each year to carry out this subtitle, the State

educational agency shall distribute not less than 75 percent

in subgrants to local educational agencies for the purposes

of carrying out section 723, except that States funded at the

minimum level set forth in subsection (c)(1) shall distribute

not less than 50 percent in subgrants to local educational

agencies for the purposes of carrying out section 723.

‘‘(2) USE BY STATE EDUCATIONAL AGENCY.—A State educational agency may use funds made available for State use

under this subtitle to conduct activities under subsection (f)

directly or through grants or contracts.

‘‘(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B) and section 723(a)(2)(B)(ii), in providing a free public

education to a homeless child or youth, no State receiving

funds under this subtitle shall segregate such child or

youth in a separate school, or in a separate program within

a school, based on such child’s or youth’s status as homeless.

‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A),

paragraphs (1)(J)(i) and (3) of subsection (g), section

723(a)(2), and any other provision of this subtitle relating

to the placement of homeless children or youths in schools,

115 STAT. 1992 PUBLIC LAW 107–110—JAN. 8, 2002

a State that has a separate school for homeless children

or youths that was operated in fiscal year 2000 in a covered

county shall be eligible to receive funds under this subtitle

for programs carried out in such school if—

‘‘(i) the school meets the requirements of subparagraph (C);

‘‘(ii) any local educational agency serving a school

that the homeless children and youths enrolled in the

separate school are eligible to attend meets the requirements of subparagraph (E); and

‘‘(iii) the State is otherwise eligible to receive funds

under this subtitle.

‘‘(C) SCHOOL REQUIREMENTS.—For the State to be

eligible under subparagraph (B) to receive funds under

this subtitle, the school described in such subparagraph

shall—

‘‘(i) provide written notice, at the time any child

or youth seeks enrollment in such school, and at least

twice annually while the child or youth is enrolled

in such school, to the parent or guardian of the child

or youth (or, in the case of an unaccompanied youth,

the youth) that—

‘‘(I) shall be signed by the parent or guardian

(or, in the case of an unaccompanied youth, the

youth);

‘‘(II) sets forth the general rights provided

under this subtitle;

‘‘(III) specifically states—

‘‘(aa) the choice of schools homeless children and youths are eligible to attend, as provided in subsection (g)(3)(A);

‘‘(bb) that no homeless child or youth is

required to attend a separate school for homeless children or youths;

‘‘(cc) that homeless children and youths

shall be provided comparable services

described in subsection (g)(4), including

transportation services, educational services,

and meals through school meals programs; and

‘‘(dd) that homeless children and youths

should not be stigmatized by school personnel;

and

‘‘(IV) provides contact information for the local

liaison for homeless children and youths and the

State Coordinator for Education of Homeless Children and Youths;

‘‘(ii)(I) provide assistance to the parent or guardian

of each homeless child or youth (or, in the case of

an unaccompanied youth, the youth) to exercise the

right to attend the parent’s or guardian’s (or youth’s)

choice of schools, as provided in subsection (g)(3)(A);

and

‘‘(II) coordinate with the local educational agency

with jurisdiction for the school selected by the parent

or guardian (or youth), to provide transportation and

other necessary services;

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1993

‘‘(iii) ensure that the parent or guardian (or, in

the case of an unaccompanied youth, the youth) shall

receive the information required by this subparagraph

in a manner and form understandable to such parent

or guardian (or youth), including, if necessary and

to the extent feasible, in the native language of such

parent or guardian (or youth); and

‘‘(iv) demonstrate in the school’s application for

funds under this subtitle that such school—

‘‘(I) is complying with clauses (i) and (ii); and

‘‘(II) is meeting (as of the date of submission

of the application) the same Federal and State

standards, regulations, and mandates as other

public schools in the State (such as complying

with sections 1111 and 1116 of the Elementary

and Secondary Education Act of 1965 and providing a full range of education and related services, including services applicable to students with

disabilities).

‘‘(D) SCHOOL INELIGIBILITY.—A separate school

described in subparagraph (B) that fails to meet the standards, regulations, and mandates described in subparagraph

(C)(iv)(II) shall not be eligible to receive funds under this

subtitle for programs carried out in such school after the

first date of such failure.

‘‘(E) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.—For

the State to be eligible to receive the funds described in

subparagraph (B), the local educational agency described

in subparagraph (B)(ii) shall—

‘‘(i) implement a coordinated system for ensuring

that homeless children and youths—

‘‘(I) are advised of the choice of schools provided in subsection (g)(3)(A);

‘‘(II) are immediately enrolled, in accordance

with subsection (g)(3)(C), in the school selected

under subsection (g)(3)(A); and

‘‘(III) are promptly provided necessary services

described in subsection (g)(4), including transportation, to allow homeless children and youths to

exercise their choices of schools under subsection

(g)(3)(A);

‘‘(ii) document that written notice has been

provided—

‘‘(I) in accordance with subparagraph (C)(i) for

each child or youth enrolled in a separate school

under subparagraph (B); and

‘‘(II) in accordance with subsection (g)(6)(A)(v);

‘‘(iii) prohibit schools within the agency’s jurisdiction from referring homeless children or youths to,

or requiring homeless children and youths to enroll

in or attend, a separate school described in subparagraph (B);

‘‘(iv) identify and remove any barriers that exist

in schools within the agency’s jurisdiction that may

have contributed to the creation or existence of separate schools described in subparagraph (B); and

115 STAT. 1994 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(v) not use funds received under this subtitle to

establish—

‘‘(I) new or additional separate schools for

homeless children or youths; or

‘‘(II) new or additional sites for separate

schools for homeless children or youths, other than

the sites occupied by the schools described in

subparagraph (B) in fiscal year 2000.

‘‘(F) REPORT.— ‘‘(i) PREPARATION.—The Secretary shall prepare a

report on the separate schools and local educational

agencies described in subparagraph (B) that receive

funds under this subtitle in accordance with this paragraph. The report shall contain, at a minimum,

information on— ‘‘(I) compliance with all requirements of this

paragraph; ‘‘(II) barriers to school access in the school

districts served by the local educational agencies;

and ‘‘(III) the progress the separate schools are

making in integrating homeless children and

youths into the mainstream school environment,

including the average length of student enrollment

in such schools.

‘‘(ii) COMPLIANCE WITH INFORMATION REQUESTS.—

For purposes of enabling the Secretary to prepare the

report, the separate schools and local educational agencies shall cooperate with the Secretary and the State

Coordinator for Education of Homeless Children and

Youths established in the State under subsection (d)(3),

and shall comply with any requests for information

by the Secretary and State Coordinator for such State.

‘‘(iii) SUBMISSION.—Not later than 2 years after

the date of enactment of the McKinney-Vento Homeless

Education Assistance Improvements Act of 2001, the

Secretary shall submit the report described in clause

(i) to—

‘‘(I) the President;

‘‘(II) the Committee on Education and the

Workforce of the House of Representatives; and

‘‘(III) the Committee on Health, Education,

Labor, and Pensions of the Senate.

‘‘(G) DEFINITION.—For purposes of this paragraph, the

term ‘covered county’ means—

‘‘(i) San Joaquin County, California;

‘‘(ii) Orange County, California;

‘‘(iii) San Diego County, California; and

‘‘(iv) Maricopa County, Arizona.

‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—The Coordinator for Education of Homeless Children and Youths established

in each State shall—

‘‘(1) gather reliable, valid, and comprehensive information

on the nature and extent of the problems homeless children

and youths have in gaining access to public preschool programs

and to public elementary schools and secondary schools, the

difficulties in identifying the special needs of such children

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1995

and youths, any progress made by the State educational agency

and local educational agencies in the State in addressing such

problems and difficulties, and the success of the programs

under this subtitle in allowing homeless children and youths

to enroll in, attend, and succeed in, school;

‘‘(2) develop and carry out the State plan described in

subsection (g);

‘‘(3) collect and transmit to the Secretary, at such time

and in such manner as the Secretary may require, a report

containing such information as the Secretary determines is

necessary to assess the educational needs of homeless children

and youths within the State;

‘‘(4) facilitate coordination between the State educational

agency, the State social services agency, and other agencies

(including agencies providing mental health services) to provide

services to homeless children, including preschool-aged homeless children, and youths, and to families of such children

and youths;

‘‘(5) in order to improve the provision of comprehensive

education and related services to homeless children and youths

and their families, coordinate and collaborate with—

‘‘(A) educators, including child development and preschool program personnel;

‘‘(B) providers of services to homeless and runaway

children and youths and homeless families (including

domestic violence agencies, shelter operators, transitional

housing facilities, runaway and homeless youth centers,

and transitional living programs for homeless youths);

‘‘(C) local educational agency liaisons designated under

subsection (g)(1)(J)(ii) for homeless children and youths;

and

‘‘(D) community organizations and groups representing

homeless children and youths and their families; and

‘‘(6) provide technical assistance to local educational agencies in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of section

722(e)(3) and paragraphs (3) through (7) of subsection (g).

‘‘(g) STATE PLAN.—

‘‘(1) IN GENERAL.—Each State shall submit to the Secretary

a plan to provide for the education of homeless children and

youths within the State. Such plan shall include the following:

‘‘(A) A description of how such children and youths

are (or will be) given the opportunity to meet the same

challenging State academic achievement standards all students are expected to meet.

‘‘(B) A description of the procedures the State educational agency will use to identify such children and

youths in the State and to assess their special needs.

‘‘(C) A description of procedures for the prompt resolution of disputes regarding the educational placement of

homeless children and youths.

‘‘(D) A description of programs for school personnel

(including principals, attendance officers, teachers, enrollment personnel, and pupil services personnel) to heighten

the awareness of such personnel of the specific needs of

runaway and homeless youths.

115 STAT. 1996 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(E) A description of procedures that ensure that homeless children and youths who meet the relevant eligibility

criteria are able to participate in Federal, State, or local

food programs.

‘‘(F) A description of procedures that ensure that—

‘‘(i) homeless children have equal access to the

same public preschool programs, administered by the

State agency, as provided to other children in the

State;

‘‘(ii) homeless youths and youths separated from

the public schools are identified and accorded equal

access to appropriate secondary education and support

services; and

‘‘(iii) homeless children and youths who meet the

relevant eligibility criteria are able to participate in

Federal, State, or local before- and after-school care

programs.

‘‘(G) Strategies to address problems identified in the

report provided to the Secretary under subsection (f)(3).

‘‘(H) Strategies to address other problems with respect

to the education of homeless children and youths, including

problems resulting from enrollment delays that are caused

by—

‘‘(i) immunization and medical records requirements;

‘‘(ii) residency requirements;

‘‘(iii) lack of birth certificates, school records, or

other documentation;

‘‘(iv) guardianship issues; or

‘‘(v) uniform or dress code requirements.

‘‘(I) A demonstration that the State educational agency

and local educational agencies in the State have developed,

and shall review and revise, policies to remove barriers

to the enrollment and retention of homeless children and

youths in schools in the State.

‘‘(J) Assurances that—

‘‘(i) the State educational agency and local educational agencies in the State will adopt policies and

practices to ensure that homeless children and youths

are not stigmatized or segregated on the basis of their

status as homeless;

‘‘(ii) local educational agencies will designate an

appropriate staff person, who may also be a coordinator

for other Federal programs, as a local educational

agency liaison for homeless children and youths, to

carry out the duties described in paragraph (6)(A);

and

‘‘(iii) the State and its local educational agencies

will adopt policies and practices to ensure that

transportation is provided, at the request of the parent

or guardian (or in the case of an unaccompanied youth,

the liaison), to and from the school of origin, as determined in paragraph (3)(A), in accordance with the following, as applicable:

‘‘(I) If the homeless child or youth continues

to live in the area served by the local educational

agency in which the school of origin is located,

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1997

the child’s or youth’s transportation to and from

the school of origin shall be provided or arranged

by the local educational agency in which the school

of origin is located.

‘‘(II) If the homeless child’s or youth’s living

arrangements in the area served by the local educational agency of origin terminate and the child

or youth, though continuing his or her education

in the school of origin, begins living in an area

served by another local educational agency, the

local educational agency of origin and the local

educational agency in which the homeless child

or youth is living shall agree upon a method to

apportion the responsibility and costs for providing

the child with transportation to and from the

school of origin. If the local educational agencies

are unable to agree upon such method, the responsibility and costs for transportation shall be shared

equally.

‘‘(2) COMPLIANCE.—

‘‘(A) IN GENERAL.—Each plan adopted under this subsection shall also describe how the State will ensure that

local educational agencies in the State will comply with

the requirements of paragraphs (3) through (7).

‘‘(B) COORDINATION.—Such plan shall indicate what

technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated

under paragraph (1)(J)(ii).

‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.—

‘‘(A) IN GENERAL.—The local educational agency serving

each child or youth to be assisted under this subtitle shall,

according to the child’s or youth’s best interest—

‘‘(i) continue the child’s or youth’s education in

the school of origin for the duration of homelessness— ‘‘(I) in any case in which a family becomes

homeless between academic years or during an

academic year; or

‘‘(II) for the remainder of the academic year,

if the child or youth becomes permanently housed

during an academic year; or

‘‘(ii) enroll the child or youth in any public school

that nonhomeless students who live in the attendance

area in which the child or youth is actually living

are eligible to attend.

‘‘(B) BEST INTEREST.—In determining the best interest

of the child or youth under subparagraph (A), the local

educational agency shall—

‘‘(i) to the extent feasible, keep a homeless child

or youth in the school of origin, except when doing

so is contrary to the wishes of the child’s or youth’s

parent or guardian;

‘‘(ii) provide a written explanation, including a

statement regarding the right to appeal under subparagraph (E), to the homeless child’s or youth’s parent

or guardian, if the local educational agency sends such

child or youth to a school other than the school of

115 STAT. 1998 PUBLIC LAW 107–110—JAN. 8, 2002

origin or a school requested by the parent or guardian;

and

‘‘(iii) in the case of an unaccompanied youth,

ensure that the homeless liaison designated under

paragraph (1)(J)(ii) assists in placement or enrollment

decisions under this subparagraph, considers the views

of such unaccompanied youth, and provides notice to

such youth of the right to appeal under subparagraph

(E).

‘‘(C) ENROLLMENT.—(i) The school selected in accordance with this paragraph shall immediately enroll the

homeless child or youth, even if the child or youth is

unable to produce records normally required for enrollment,

such as previous academic records, medical records, proof

of residency, or other documentation.

‘‘(ii) The enrolling school shall immediately contact the

school last attended by the child or youth to obtain relevant

academic and other records.

‘‘(iii) If the child or youth needs to obtain immunizations, or immunization or medical records, the enrolling

school shall immediately refer the parent or guardian of

the child or youth to the local educational agency liaison

designated under paragraph (1)(J)(ii), who shall assist in

obtaining necessary immunizations, or immunization or

medical records, in accordance with subparagraph (D).

‘‘(D) RECORDS.—Any record ordinarily kept by the

school, including immunization or medical records, academic records, birth certificates, guardianship records, and

evaluations for special services or programs, regarding each

homeless child or youth shall be maintained—

‘‘(i) so that the records are available, in a timely

fashion, when a child or youth enters a new school

or school district; and

‘‘(ii) in a manner consistent with section 444 of

the General Education Provisions Act (20 U.S.C.

1232g).

‘‘(E) ENROLLMENT DISPUTES.—If a dispute arises over

school selection or enrollment in a school—

‘‘(i) the child or youth shall be immediately

admitted to the school in which enrollment is sought,

pending resolution of the dispute;

‘‘(ii) the parent or guardian of the child or youth

shall be provided with a written explanation of the

school’s decision regarding school selection or enrollment, including the rights of the parent, guardian,

or youth to appeal the decision;

‘‘(iii) the child, youth, parent, or guardian shall

be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out

the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving

notice of the dispute; and

‘‘(iv) in the case of an unaccompanied youth, the

homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the

dispute.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 1999

‘‘(F) PLACEMENT CHOICE.—The choice regarding placement shall be made regardless of whether the child or

youth lives with the homeless parents or has been temporarily placed elsewhere.

‘‘(G) SCHOOL OF ORIGIN DEFINED.—In this paragraph,

the term ‘school of origin’ means the school that the child

or youth attended when permanently housed or the school

in which the child or youth was last enrolled. ‘‘(H) CONTACT INFORMATION.—Nothing in this subtitle

shall prohibit a local educational agency from requiring

a parent or guardian of a homeless child to submit contact

information.

‘‘(4) COMPARABLE SERVICES.—Each homeless child or youth

to be assisted under this subtitle shall be provided services

comparable to services offered to other students in the school

selected under paragraph (3), including the following: ‘‘(A) Transportation services.

‘‘(B) Educational services for which the child or youth

meets the eligibility criteria, such as services provided

under title I of the Elementary and Secondary Education

Act of 1965 or similar State or local programs, educational

programs for children with disabilities, and educational

programs for students with limited English proficiency. ‘‘(C) Programs in vocational and technical education.

‘‘(D) Programs for gifted and talented students.

‘‘(E) School nutrition programs. ‘‘(5) COORDINATION.—

‘‘(A) IN GENERAL.—Each local educational agency

serving homeless children and youths that receives assistance under this subtitle shall coordinate—

‘‘(i) the provision of services under this subtitle

with local social services agencies and other agencies

or programs providing services to homeless children

and youths and their families, including services and

programs funded under the Runaway and Homeless

Youth Act (42 U.S.C. 5701 et seq.); and

‘‘(ii) with other local educational agencies on interdistrict issues, such as transportation or transfer of

school records.

‘‘(B) HOUSING ASSISTANCE.—If applicable, each State

educational agency and local educational agency that

receives assistance under this subtitle shall coordinate with

State and local housing agencies responsible for developing

the comprehensive housing affordability strategy described

in section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) to minimize educational

disruption for children and youths who become homeless.

‘‘(C) COORDINATION PURPOSE.—The coordination

required under subparagraphs (A) and (B) shall be designed

to—

‘‘(i) ensure that homeless children and youths have

access and reasonable proximity to available education

and related support services; and

‘‘(ii) raise the awareness of school personnel and

service providers of the effects of short-term stays in

a shelter and other challenges associated with

homelessness.

115 STAT. 2000 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.—

‘‘(A) DUTIES.—Each local educational agency liaison

for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that—

‘‘(i) homeless children and youths are identified

by school personnel and through coordination activities

with other entities and agencies;

‘‘(ii) homeless children and youths enroll in, and

have a full and equal opportunity to succeed in, schools

of that local educational agency;

‘‘(iii) homeless families, children, and youths

receive educational services for which such families,

children, and youths are eligible, including Head Start

and Even Start programs and preschool programs

administered by the local educational agency, and

referrals to health care services, dental services,

mental health services, and other appropriate services;

‘‘(iv) the parents or guardians of homeless children

and youths are informed of the educational and related

opportunities available to their children and are provided with meaningful opportunities to participate in

the education of their children;

‘‘(v) public notice of the educational rights of homeless children and youths is disseminated where such

children and youths receive services under this Act,

such as schools, family shelters, and soup kitchens;

‘‘(vi) enrollment disputes are mediated in accordance with paragraph (3)(E); and

‘‘(vii) the parent or guardian of a homeless child

or youth, and any unaccompanied youth, is fully

informed of all transportation services, including

transportation to the school of origin, as described

in paragraph (1)(J)(iii), and is assisted in accessing

transportation to the school that is selected under paragraph (3)(A).

‘‘(B) NOTICE.—State coordinators established under

subsection (d)(3) and local educational agencies shall inform

school personnel, service providers, and advocates working

with homeless families of the duties of the local educational

agency liaisons.

‘‘(C) LOCAL AND STATE COORDINATION.—Local educational agency liaisons for homeless children and youths

shall, as a part of their duties, coordinate and collaborate

with State coordinators and community and school personnel responsible for the provision of education and

related services to homeless children and youths.

‘‘(7) REVIEW AND REVISIONS.—

‘‘(A) IN GENERAL.—Each State educational agency and

local educational agency that receives assistance under this

subtitle shall review and revise any policies that may act

as barriers to the enrollment of homeless children and

youths in schools that are selected under paragraph (3).

‘‘(B) CONSIDERATION.—In reviewing and revising such

policies, consideration shall be given to issues concerning

transportation, immunization, residency, birth certificates,

school records and other documentation, and guardianship.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2001

‘‘(C) SPECIAL ATTENTION.—Special attention shall be

given to ensuring the enrollment and attendance of homeless children and youths who are not currently attending

school.

‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) IN GENERAL.—The State educational agency shall, in

accordance with section 722(e), and from amounts made available to such agency under section 726, make subgrants to

local educational agencies for the purpose of facilitating the

enrollment, attendance, and success in school of homeless children and youths.

‘‘(2) SERVICES.—

‘‘(A) IN GENERAL.—Services under paragraph (1)—

‘‘(i) may be provided through programs on school

grounds or at other facilities;

‘‘(ii) shall, to the maximum extent practicable, be

provided through existing programs and mechanisms

that integrate homeless children and youths with nonhomeless children and youths; and

‘‘(iii) shall be designed to expand or improve services provided as part of a school’s regular academic

program, but not to replace such services provided

under such program.

‘‘(B) SERVICES ON SCHOOL GROUNDS.—If services under

paragraph (1) are provided on school grounds, schools—

‘‘(i) may use funds under this subtitle to provide

the same services to other children and youths who

are determined by the local educational agency to be

at risk of failing in, or dropping out of, school, subject

to the requirements of clause (ii); and

‘‘(ii) except as otherwise provided in section

722(e)(3)(B), shall not provide services in settings

within a school that segregate homeless children and

youths from other children and youths, except as necessary for short periods of time—

‘‘(I) for health and safety emergencies; or

‘‘(II) to provide temporary, special, and supplementary services to meet the unique needs of

homeless children and youths.

‘‘(3) REQUIREMENT.—Services provided under this section

shall not replace the regular academic program and shall be

designed to expand upon or improve services provided as part

of the school’s regular academic program.

‘‘(b) APPLICATION.—A local educational agency that desires to

receive a subgrant under this section shall submit an application

to the State educational agency at such time, in such manner,

and containing or accompanied by such information as the State

educational agency may reasonably require. Such application shall

include the following:

‘‘(1) An assessment of the educational and related needs

of homeless children and youths in the area served by such

agency (which may be undertaken as part of needs assessments

for other disadvantaged groups).

42 USC 11433.

115 STAT. 2002 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) A description of the services and programs for which

assistance is sought to address the needs identified in paragraph (1). ‘‘(3) An assurance that the local educational agency’s combined fiscal effort per student, or the aggregate expenditures

of that agency and the State with respect to the provision

of free public education by such agency for the fiscal year

preceding the fiscal year for which the determination is made,

was not less than 90 percent of such combined fiscal effort

or aggregate expenditures for the second fiscal year preceding

the fiscal year for which the determination is made.

‘‘(4) An assurance that the applicant complies with, or

will use requested funds to comply with, paragraphs (3) through

(7) of section 722(g).

‘‘(5) A description of policies and procedures, consistent

with section 722(e)(3), that the agency will implement to ensure

that activities carried out by the agency will not isolate or

stigmatize homeless children and youths.

‘‘(c) AWARDS.—

‘‘(1) IN GENERAL.—The State educational agency shall, in

accordance with the requirements of this subtitle and from

amounts made available to it under section 726, make competitive subgrants to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded

on the basis of the need of such agencies for assistance under

this subtitle and the quality of the applications submitted.

‘‘(2) NEED.—In determining need under paragraph (1), the

State educational agency may consider the number of homeless

children and youths enrolled in preschool, elementary, and

secondary schools within the area served by the local educational agency, and shall consider the needs of such children

and youths and the ability of the local educational agency

to meet such needs. The State educational agency may also

consider the following:

‘‘(A) The extent to which the proposed use of funds

will facilitate the enrollment, retention, and educational

success of homeless children and youths.

‘‘(B) The extent to which the application—

‘‘(i) reflects coordination with other local and State

agencies that serve homeless children and youths; and

‘‘(ii) describes how the applicant will meet the

requirements of section 722(g)(3).

‘‘(C) The extent to which the applicant exhibits in

the application and in current practice a commitment to

education for all homeless children and youths.

‘‘(D) Such other criteria as the State agency determines

appropriate.

‘‘(3) QUALITY.—In determining the quality of applications

under paragraph (1), the State educational agency shall consider the following:

‘‘(A) The applicant’s needs assessment under subsection

(b)(1) and the likelihood that the program presented in

the application will meet such needs.

‘‘(B) The types, intensity, and coordination of the services to be provided under the program.

‘‘(C) The involvement of parents or guardians of homeless children or youths in the education of their children.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2003

‘‘(D) The extent to which homeless children and youths

will be integrated within the regular education program. ‘‘(E) The quality of the applicant’s evaluation plan for

the program.

‘‘(F) The extent to which services provided under this

subtitle will be coordinated with other services available

to homeless children and youths and their families.

‘‘(G) Such other measures as the State educational

agency considers indicative of a high-quality program, such

as the extent to which the local educational agency will

provide case management or related services to unaccompanied youths.

‘‘(4) DURATION OF GRANTS.—Grants awarded under this

section shall be for terms not to exceed 3 years.

‘‘(d) AUTHORIZED ACTIVITIES.—A local educational agency may

use funds awarded under this section for activities that carry out

the purpose of this subtitle, including the following: ‘‘(1) The provision of tutoring, supplemental instruction,

and enriched educational services that are linked to the achievement of the same challenging State academic content standards

and challenging State student academic achievement standards

the State establishes for other children and youths. ‘‘(2) The provision of expedited evaluations of the strengths

and needs of homeless children and youths, including needs

and eligibility for programs and services (such as educational

programs for gifted and talented students, children with disabilities, and students with limited English proficiency, services

provided under title I of the Elementary and Secondary Education Act of 1965 or similar State or local programs, programs

in vocational and technical education, and school nutrition programs).

‘‘(3) Professional development and other activities for educators and pupil services personnel that are designed to

heighten the understanding and sensitivity of such personnel

to the needs of homeless children and youths, the rights of

such children and youths under this subtitle, and the specific

educational needs of runaway and homeless youths.

‘‘(4) The provision of referral services to homeless children

and youths for medical, dental, mental, and other health services.

‘‘(5) The provision of assistance to defray the excess cost

of transportation for students under section 722(g)(4)(A), not

otherwise provided through Federal, State, or local funding,

where necessary to enable students to attend the school selected

under section 722(g)(3).

‘‘(6) The provision of developmentally appropriate early

childhood education programs, not otherwise provided through

Federal, State, or local funding, for preschool-aged homeless

children.

‘‘(7) The provision of services and assistance to attract,

engage, and retain homeless children and youths, and unaccompanied youths, in public school programs and services provided

to nonhomeless children and youths.

‘‘(8) The provision for homeless children and youths of

before- and after-school, mentoring, and summer programs in

which a teacher or other qualified individual provides tutoring,

homework assistance, and supervision of educational activities.

115 STAT. 2004 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(9) If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to enroll homeless children and youths in school,

including birth certificates, immunization or medical records,

academic records, guardianship records, and evaluations for

special programs or services.

‘‘(10) The provision of education and training to the parents

of homeless children and youths about the rights of, and

resources available to, such children and youths.

‘‘(11) The development of coordination between schools and

agencies providing services to homeless children and youths,

as described in section 722(g)(5).

‘‘(12) The provision of pupil services (including violence

prevention counseling) and referrals for such services.

‘‘(13) Activities to address the particular needs of homeless

children and youths that may arise from domestic violence.

‘‘(14) The adaptation of space and purchase of supplies

for any nonschool facilities made available under subsection

(a)(2) to provide services under this subsection.

‘‘(15) The provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations.

‘‘(16) The provision of other extraordinary or emergency

assistance needed to enable homeless children and youths to

attend school.

‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.

‘‘(a) REVIEW OF STATE PLANS.—In reviewing the State plan

submitted by a State educational agency under section 722(g), the

Secretary shall use a peer review process and shall evaluate

whether State laws, policies, and practices described in such plan

adequately address the problems of homeless children and youths

relating to access to education and placement as described in such

plan.

‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall provide support and technical assistance to a State educational agency to

assist such agency in carrying out its responsibilities under this

subtitle, if requested by the State educational agency.

‘‘(c) NOTICE.—The Secretary shall, before the next school year

that begins after the date of enactment of the McKinney-Vento

Homeless Education Assistance Improvements Act of 2001, create

and disseminate nationwide a public notice of the educational rights

of homeless children and youths and disseminate such notice to

other Federal agencies, programs, and grantees, including Head

Start grantees, Health Care for the Homeless grantees, Emergency

Food and Shelter grantees, and homeless assistance programs

administered by the Department of Housing and Urban Development.

‘‘(d) EVALUATION AND DISSEMINATION.—The Secretary shall conduct evaluation and dissemination activities of programs designed

to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under

section 726 to conduct such activities.

‘‘(e) SUBMISSION AND DISTRIBUTION.—The Secretary shall

require applications for grants under this subtitle to be submitted

to the Secretary not later than the expiration of the 60-day period

beginning on the date that funds are available for purposes of

42 USC 11434.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2005

making such grants and shall make such grants not later than

the expiration of the 120-day period beginning on such date. ‘‘(f) DETERMINATION BY SECRETARY.—The Secretary, based on

the information received from the States and information gathered

by the Secretary under subsection (h), shall determine the extent

to which State educational agencies are ensuring that each homeless

child and homeless youth has access to a free appropriate public

education, as described in section 721(1). ‘‘(g) GUIDELINES.—The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the

date of enactment of the McKinney-Vento Homeless Education

Assistance Improvements Act of 2001, school enrollment guidelines

for States with respect to homeless children and youths. The guidelines shall describe— ‘‘(1) successful ways in which a State may assist local

educational agencies to immediately enroll homeless children

and youths in school; and ‘‘(2) how a State can review the State’s requirements

regarding immunization and medical or school records and

make such revisions to the requirements as are appropriate

and necessary in order to enroll homeless children and youths

in school immediately.

‘‘(h) INFORMATION.—

‘‘(1) IN GENERAL.—From funds appropriated under section

726, the Secretary shall, directly or through grants, contracts,

or cooperative agreements, periodically collect and disseminate

data and information regarding—

‘‘(A) the number and location of homeless children and

youths;

‘‘(B) the education and related services such children

and youths receive;

‘‘(C) the extent to which the needs of homeless children

and youths are being met; and

‘‘(D) such other data and information as the Secretary

determines to be necessary and relevant to carry out this

subtitle.

‘‘(2) COORDINATION.—The Secretary shall coordinate such

collection and dissemination with other agencies and entities

that receive assistance and administer programs under this

subtitle.

‘‘(i) REPORT.—Not later than 4 years after the date of enactment

of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, the Secretary shall prepare and submit to

the President and the Committee on Education and the Workforce

of the House of Representatives and the Committee on Health,

Education, Labor, and Pensions of the Senate a report on the

status of education of homeless children and youths, which shall

include information on—

‘‘(1) the education of homeless children and youths; and

‘‘(2) the actions of the Secretary and the effectiveness of

the programs supported under this subtitle.

‘‘SEC. 725. DEFINITIONS.

‘‘For purposes of this subtitle:

‘‘(1) The terms ‘enroll’ and ‘enrollment’ include attending

classes and participating fully in school activities.

‘‘(2) The term ‘homeless children and youths’—

42 USC 11434a.

Deadline.

Federal Register,

publication.

Deadline.

115 STAT. 2006 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(A) means individuals who lack a fixed, regular, and

adequate nighttime residence (within the meaning of section 103(a)(1)); and ‘‘(B) includes—

‘‘(i) children and youths who are sharing the

housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in

motels, hotels, trailer parks, or camping grounds due

to the lack of alternative adequate accommodations;

are living in emergency or transitional shelters; are

abandoned in hospitals; or are awaiting foster care

placement;

‘‘(ii) children and youths who have a primary nighttime residence that is a public or private place not

designed for or ordinarily used as a regular sleeping

accommodation for human beings (within the meaning

of section 103(a)(2)(C));

‘‘(iii) children and youths who are living in cars,

parks, public spaces, abandoned buildings, substandard

housing, bus or train stations, or similar settings; and

‘‘(iv) migratory children (as such term is defined

in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the

purposes of this subtitle because the children are living

in circumstances described in clauses (i) through (iii).

‘‘(3) The terms ‘local educational agency’ and ‘State educational agency’ have the meanings given such terms in section

9101 of the Elementary and Secondary Education Act of 1965.

‘‘(4) The term ‘Secretary’ means the Secretary of Education.

‘‘(5) The term ‘State’ means each of the 50 States, the

District of Columbia, and the Commonwealth of Puerto Rico.

‘‘(6) The term ‘unaccompanied youth’ includes a youth not

in the physical custody of a parent or guardian.

‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this subtitle, there are authorized to be appropriated $70,000,000 for fiscal year 2002 and such

sums as may be necessary for each of fiscal years 2003 through

2007.’’.

SEC. 1033. CONFORMING AMENDMENT.

The table of contents of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 note) is amended so that the items

relating to subtitle B of title VII read as follows:

‘‘Subtitle B—Education for Homeless Children and Youths

‘‘Sec. 721. Statement of policy.

‘‘Sec. 722. Grants for State and local activities for the education of homeless children and youths.

‘‘Sec. 723. Local educational agency subgrants for the education of homeless children and youths.

‘‘Sec. 724. Secretarial responsibilities.

‘‘Sec. 725. Definitions.

‘‘Sec. 726. Authorization of appropriations.’’.

SEC. 1034. TECHNICAL AMENDMENT.

(a) IN GENERAL.—Section 1 of Public Law 106–400 (42 U.S.C.

11301) is amended by striking ‘‘Section 1 of’’ and inserting ‘‘Section

101 of’’.

42 USC 11301

note.

42 USC 11435.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2007

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall be deemed to be effective on the date of enactment of Public

Law 106–400.

PART D—NATIVE AMERICAN EDUCATION

IMPROVEMENT

SEC. 1041. SHORT TITLE.

This part may be cited as the ‘‘Native American Education

Improvement Act of 2001’’.

SEC. 1042. AMENDMENTS TO THE EDUCATION AMENDMENTS OF 1978.

Part B of title XI of the Education Amendments of 1978 (25

U.S.C. 2001 et seq.) is amended to read as follows:

‘‘PART B—BUREAU OF INDIAN AFFAIRS

PROGRAMS

‘‘SEC. 1120. DECLARATION OF POLICY.

‘‘Congress declares that the Federal Government has the sole

responsibility for the operation and financial support of the Bureau

of Indian Affairs funded school system that it has established

on or near Indian reservations and Indian trust lands throughout

the Nation for Indian children. It is the policy of the United States

to fulfill the Federal Government’s unique and continuing trust

relationship with and responsibility to the Indian people for the

education of Indian children and for the operation and financial

support of the Bureau of Indian Affairs-funded school system to

work in full cooperation with tribes toward the goal of ensuring

that the programs of the Bureau of Indian Affairs-funded school

system are of the highest quality and provide for the basic

elementary and secondary educational needs of Indian children,

including meeting the unique educational and cultural needs of

those children.

‘‘SEC. 1121. ACCREDITATION FOR THE BASIC EDUCATION OF INDIAN

CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.

‘‘(a) PURPOSE; DECLARATIONS OF PURPOSE.— ‘‘(1) PURPOSE.—The purpose of the accreditation required

under this section shall be to ensure that Indian students

being served by a school funded by the Bureau of Indian Affairs

are provided with educational opportunities that equal or

exceed those for all other students in the United States. ‘‘(2) DECLARATIONS OF PURPOSE.—Local school boards for

schools operated by the Bureau of Indian Affairs, in cooperation

and consultation with the appropriate tribal governing bodies

and their communities, are encouraged to adopt declarations

of purpose for education for their communities, taking into

account the implications of such declarations on education in

their communities and for their schools. In adopting such declarations of purpose, the school boards shall consider the effect

the declarations may have on the motivation of students and

faculties.

‘‘(b) ACCREDITATION.—

‘‘(1) DEADLINE.—

‘‘(A) IN GENERAL.—Not later than 24 months after the

date of enactment of the Native American Education

Deadline.

25 USC 2001.

25 USC 2000.

25 USC 2022–

2026.

25 USC 2000

note.

Native American

Education

Improvement Act

of 2001.

42 USC 11301

note.

115 STAT. 2008 PUBLIC LAW 107–110—JAN. 8, 2002

Improvement Act of 2001, each Bureau-funded school shall,

to the extent that necessary funds are provided, be a candidate for accreditation or be accredited— ‘‘(i) by a tribal accrediting body, if the accreditation

standards of the tribal accrediting body have been

accepted by formal action of the tribal governing body

and such accreditation is acknowledged by a generally

recognized State certification or regional accrediting

agency;

‘‘(ii) by a regional accreditation agency;

‘‘(iii) by State accreditation standards for the State

in which the Bureau-funded school is located; or

‘‘(iv) in the case of a Bureau-funded school that

is located on a reservation that is located in more

than one State, in accordance with the State accreditation standards of one State as selected by the tribal

government.

‘‘(B) FEASIBILITY STUDY.—Not later than 12 months

after the date of enactment of the Native American Education Improvement Act of 2001, the Secretary of the

Interior and the Secretary of Education shall, in consultation with Indian tribes, Indian education organizations,

and accrediting agencies, develop and submit to the appropriate committees of Congress a report on the desirability

and feasibility of establishing a tribal accreditation agency

that would—

‘‘(i) review and acknowledge the accreditation

standards for Bureau-funded schools; and

‘‘(ii) establish accreditation procedures to facilitate

the application, review of the standards and review

processes, and recognition of qualified and credible

tribal departments of education as accrediting bodies

serving tribal schools.

‘‘(2) DETERMINATION OF ACCREDITATION TO BE APPLIED.—

The accreditation type applied for each school shall be determined by the tribal governing body, or the school board, if

authorized by the tribal governing body.

‘‘(3) ASSISTANCE TO SCHOOL BOARDS.—

‘‘(A) IN GENERAL.—The Secretary, through contracts

and grants, shall provide technical and financial assistance

to Bureau-funded schools, to the extent that necessary

amounts are made available, to enable such schools to

obtain the accreditation required under this subsection,

if the school boards request that such assistance, in part

or in whole, be provided.

‘‘(B) ENTITIES THROUGH WHICH ASSISTANCE MAY BE PROVIDED.—The Secretary may provide such assistance directly

or through the Department of Education, an institution

of higher education, a private not-for-profit organization

or for-profit organization, an educational service agency,

or another entity with demonstrated experience in assisting

schools in obtaining accreditation.

‘‘(4) APPLICATION OF CURRENT STANDARDS DURING ACCREDITATION.—A Bureau-funded school that is seeking accreditation

shall remain subject to the standards issued under section

1121 of the Education Amendments of 1978 and in effect on

the day before the date of enactment of the Native American

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2009

Education Improvement Act of 2001 until such time as the

school is accredited, except that if any of such standards are

in conflict with the standards of the accrediting agency, the

standards of such agency shall apply in such case.

‘‘(5) ANNUAL REPORT ON UNACCREDITED SCHOOLS.—Not

later than 90 days after the end of each school year, the

Secretary shall prepare and submit to the Committee on Appropriations, the Committee on Education and the Workforce, and

the Committee on Resources of the House of Representatives

and the Committee on Appropriations, the Committee on Indian

Affairs, and the Committee on Health, Education, Labor, and

Pensions of the Senate, a report concerning unaccredited

Bureau-funded schools that— ‘‘(A) identifies those Bureau-funded schools that fail

to be accredited or to be candidates for accreditation within

the period provided for in paragraph (1); ‘‘(B) with respect to each Bureau-funded school identified under subparagraph (A), identifies the reasons that

each such school is not accredited or a candidate for accreditation, as determined by the appropriate accreditation

agency, and a description of any possible way in which

to remedy such nonaccreditation; and ‘‘(C) with respect to each Bureau-funded school for

which the reported reasons for the lack of accreditation

under subparagraph (B) are a result of the school’s inadequate basic resources, contains information and funding

requests for the full funding needed to provide such schools

with accreditation, such funds if provided shall be applied

to such unaccredited school under this paragraph.

‘‘(6) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.—

‘‘(A) IN GENERAL.—Prior to including a Bureau-funded

school in an annual report required under paragraph (5),

the Secretary shall—

‘‘(i) ensure that the school has exhausted all

administrative remedies provided by the accreditation

agency; and

‘‘(ii) provide the school with an opportunity to

review the data on which such inclusion is based.

‘‘(B) PROVISION OF ADDITIONAL INFORMATION.—If the

school board of a school that the Secretary has proposed

for inclusion in an annual report under paragraph (5)

believes that such inclusion is in error, the school board

may provide to the Secretary such information as the board

believes is in conflict with the information and conclusions

of the Secretary with respect to the determination to

include the school in such annual report. The Secretary

shall consider such information provided by the school

board before making a final determination concerning the

inclusion of the school in any such report.

‘‘(C) PUBLICATION OF ACCREDITATION STATUS.—Not

later than 30 days after making an initial determination

to include a school in an annual report under paragraph

(5), the Secretary shall make public the final determination

on the accreditation status of the school.

‘‘(7) SCHOOL PLAN.— ‘‘(A) IN GENERAL.—Not later than 120 days after the

date on which a school is included in an annual report

Deadline.

Deadline.

Deadline.

115 STAT. 2010 PUBLIC LAW 107–110—JAN. 8, 2002

under paragraph (5), the school shall develop a school

plan, in consultation with interested parties including parents, school staff, the school board, and other outside

experts (if appropriate), that shall be submitted to the

Secretary for approval. The school plan shall cover a 3-

year period and shall—

‘‘(i) incorporate strategies that address the specific

issues that caused the school to fail to be accredited

or fail to be a candidate for accreditation;

‘‘(ii) incorporate policies and practices concerning

the school that have the greatest likelihood of ensuring

that the school will obtain accreditation during the

3-year period beginning on the date on which the plan

is implemented;

‘‘(iii) contain an assurance that the school will

reserve the necessary funds, from the funds described

in paragraph (3), for each fiscal year for the purpose

of obtaining accreditation;

‘‘(iv) specify how the funds described in clause

(iii) will be used to obtain accreditation;

‘‘(v) establish specific annual, objective goals for

measuring continuous and significant progress made

by the school in a manner that will ensure the accreditation of the school within the 3-year period described

in clause (ii);

‘‘(vi) identify how the school will provide written

notification about the lack of accreditation to the parents of each student enrolled in such school, in a format

and, to the extent practicable, in a language the parents can understand; and

‘‘(vii) specify the responsibilities of the school board

and any assistance to be provided by the Secretary

under paragraph (3).

‘‘(B) IMPLEMENTATION.—A school shall implement the

school plan under subparagraph (A) expeditiously, but in

no event later than the beginning of the school year following the school year in which the school was included

in the annual report under paragraph (5) so long as the

necessary resources have been provided to the school.

‘‘(C) REVIEW OF PLAN.—Not later than 45 days after

receiving a school plan, the Secretary shall—

‘‘(i) establish a peer-review process to assist with

the review of the plan; and

‘‘(ii) promptly review the school plan, work with

the school as necessary, and approve the school plan

if the plan meets the requirements of this paragraph.

‘‘(8) CORRECTIVE ACTION.—

‘‘(A) DEFINITION.—In this subsection, the term ‘corrective action’ means any action that—

‘‘(i) substantially and directly responds to—

‘‘(I) the failure of a school to achieve accreditation; and

‘‘(II) any underlying staffing, curriculum, or

other programmatic problem in the school that

contributed to the lack of accreditation; and

‘‘(ii) is designed to increase substantially the likelihood that the school will be accredited.

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2011

‘‘(B) WAIVER.—The Secretary shall grant a waiver

which shall exempt a school from any or all of the requirements of this paragraph and paragraph (7) (though such

school shall be required to comply with the standards contained in part 36 of title 25, Code of Federal Register,

as in effect on the date of enactment of the Native American

Education Improvement Act of 2001) if the school—

‘‘(i) is identified in the report described in paragraph (5)(C); and

‘‘(ii) fails to be accredited for reasons that are

beyond the control of the school board, as determined

by the Secretary, including, but not limited to—

‘‘(I) a significant decline in financial resources;

‘‘(II) the poor condition of facilities, vehicles,

or other property; and

‘‘(III) a natural disaster.

‘‘(C) DUTIES OF SECRETARY.—After providing assistance

to a school under paragraph (3), the Secretary shall—

‘‘(i) annually review the progress of the school

under the applicable school plan to determine whether

the school is meeting, or making adequate progress

toward achieving the goals described in paragraph

(7)(A)(v) with respect to reaccreditation or becoming

a candidate for accreditation;

‘‘(ii) except as provided in subparagraph (B), continue to provide assistance while implementing the

school’s plan, and, if determined appropriate by the

Secretary, take corrective action with respect to the

school if it fails to be accredited at the end of the

third full year immediately following the date that

the school’s plan was first in effect under paragraph

(7);

‘‘(iii) provide all students enrolled in a school that

is eligible for a corrective action determination by the

Secretary under clause (ii) with the option to transfer

to another public or Bureau-funded school, including

a public charter school, that is accredited;

‘‘(iv) promptly notify the parents of children

enrolled in a school that is eligible for a corrective

action determination by the Secretary under clause

(ii) of the option to transfer their child to another

public or Bureau-funded school; and

‘‘(v) provide, or pay for the provision of, transportation for each student described in clause (iii) to the

school described in clause (iii) to which the student

elects to be transferred to the extent funds are available, as determined by the tribal governing body.

‘‘(D) FAILURE OF SCHOOL PLAN OF BUREAU-OPERATED

SCHOOL.—With respect to a Bureau-operated school that

fails to be accredited at the end of the third full year

immediately following the date that the school’s plan was

first in effect under paragraph (7), the Secretary may take

one or more of the following corrective actions:

‘‘(i) Institute and fully implement actions suggested

by the accrediting agency.

115 STAT. 2012 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) Consult with the tribe involved to determine

the causes for the lack of accreditation including potential staffing and administrative changes that are or

may be necessary.

‘‘(iii) Set aside a certain amount of funds that

may only be used by the school to obtain accreditation.

‘‘(iv)(I) Provide the tribe with a 60-day period

during which to determine whether the tribe desires

to operate the school as a contract or grant school

before meeting the accreditation requirements in section 5207(c) of the Tribally Controlled Schools Act of

1988 at the beginning of the next school year following

the determination to take corrective action. If the tribe

agrees to operate the school as a contract or grant

school, the tribe shall prepare a plan, pursuant to

paragraph (7), for approval by the Secretary in accordance with paragraph (7), to achieve accreditation.

‘‘(II) If the tribe declines to assume control of the

school, the Secretary, in consultation with the tribe,

may contract with an outside entity, consistent with

applicable law, or appoint a receiver or trustee to

operate and administer the affairs of the school until

the school is accredited. The outside entity, receiver,

or trustee shall prepare a plan, pursuant to paragraph

(7), for approval by the Secretary in accordance with

paragraph (7).

‘‘(III) Upon accreditation of the school, the Secretary shall allow the tribe to continue to operate the

school as a grant or contract school, or if the school

is being controlled by an outside entity, provide the

tribe with the option to assume operation of the school

as a contract school, in accordance with the Indian

Self-Determination Act, or as a grant school in accordance with the Tribally Controlled Schools Act of 1988,

at the beginning of the school year following the school

year in which the school obtains accreditation. If the

tribe declines, the Secretary may allow the outside

entity, receiver, or trustee to continue the operation

of the school or reassume control of the school.

‘‘(E) FAILURE OF SCHOOL PLAN OF CONTRACT OR GRANT

SCHOOL.—

‘‘(i) CORRECTIVE ACTION.—With respect to a contract or grant school that fails to be accredited at

the end of the third full year immediately following

the date that the school’s plan was first in effect under

paragraph (7), the Secretary may take one or more

of the corrective actions described in subparagraph

(D)(i) and (D)(ii). The Secretary shall implement such

corrective action for at least 1 year prior to taking

any action described under clause (ii).

‘‘(ii) OUTSIDE ENTITY.—If the corrective action

described in clause (i) does not result in accreditation

of the school, the Secretary, in conjunction with the

tribal governing body, may contract with an outside

entity to operate the school in order to achieve accreditation of the school within 2 school years. Prior to

entering into such a contract, the Secretary shall

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2013

develop a proposal for such operation which shall

include, at a minimum, the following elements: ‘‘(I) The identification of one or more outside

entities each of which has demonstrated to the

Secretary its ability to develop a satisfactory plan

for achieving accreditation and its willingness and

availability to undertake such a plan.

‘‘(II) A plan for implementing operation of the

school by such an outside entity, including the

methodology for oversight and evaluation of the

performance of the outside entity by the Secretary

and the tribe.

‘‘(iii) PROPOSAL AMENDMENTS.—The tribal governing body shall have 60 days to amend the plan

developed pursuant to clause (ii), including identifying

another outside entity to operate the school. The Secretary shall reach agreement with the tribal governing

body on the proposal and any such amendments to

the plan not later than 30 days after the expiration

of the 60-day period described in the preceding sentence. After the approval of the proposal and any

amendments, the Secretary, with continuing consultation with such tribal governing body, shall implement

the proposal. ‘‘(iv) ACCREDITATION.—Upon accreditation of the

school, the tribe shall have the option to assume the

operation and administration of the school as a contract

school after complying with the Indian Self-Determination Act, or as a grant school, after complying with

the Tribally Controlled Schools Act of 1988, at the

beginning of the school year following the year in which

the school obtains accreditation.

‘‘(v) RETROCEDE.—Nothing in this subparagraph

shall limit a tribe’s right to retrocede operation of

a school to the Secretary pursuant to section 105(e)

of the Indian Self-Determination Act (with respect to

a contract school) or section 5204(f) of the Tribally

Controlled Schools Act of 1988 (with respect to a grant

school).

‘‘(vi) CONSISTENT.—The provisions of this subparagraph shall be construed to be consistent with the

provisions of the Tribally Controlled Schools Act of

1988 and the Indian Self-Determination Act as in effect

on the day before the date of enactment of the Native

American Education Improvement Act of 2001, and

shall not be construed as expanding the authority of

the Secretary under any other law.

‘‘(F) HEARING.—With respect to a school that is operated pursuant to a grant, or a school that is operated

under a contract under the Indian Self-Determination Act,

prior to implementing any corrective action under this

paragraph, the Secretary shall provide notice and an opportunity for a hearing to the affected school pursuant to

section 5207 of the Tribally Controlled Schools Act of 1988.

‘‘(9) STATUTORY CONSTRUCTION.—Nothing in this section

shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school employees under

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applicable law (including applicable regulations or court orders)

or under the terms of any collective bargaining agreement,

memorandum of understanding, or other agreement between

such employees and their employers.

‘‘(10) FISCAL CONTROL AND FUND ACCOUNTING STANDARDS.— The Bureau shall, either directly or through contract with

an Indian organization, establish a consistent system of

reporting standards for fiscal control and fund accounting for

all contract and grant schools. Such standards shall provide

data comparable to those used by Bureau-operated schools.

‘‘(c) ANNUAL PLAN.— ‘‘(1) IN GENERAL.—Except as provided in subsection (b),

the Secretary shall implement the standards in effect under

this section on the day before the date of enactment of the

Native American Education Improvement Act of 2001. ‘‘(2) PLAN.—On an annual basis, the Secretary shall submit

to the appropriate committees of Congress, all Bureau-funded

schools, and the tribal governing bodies of such schools a

detailed plan to ensure that all Bureau-funded schools are

accredited, or if such schools are in the process of obtaining

accreditation that such schools meet the Bureau standards

in effect on the day before the date of enactment of the Native

American Education Improvement Act of 2001 to the extent

that such standards do not conflict with the standards of the

accrediting agency. Such plan shall include detailed information

on the status of each school’s educational program in relation

to the applicable standards, specific cost estimates for meeting

such standards at each school, and specific timelines for

bringing each school up to the level required by such standards.

‘‘(d) CLOSURE OR CONSOLIDATION OF SCHOOLS.—

‘‘(1) IN GENERAL.—Except as specifically required by law—

‘‘(A) no Bureau-funded school or dormitory operated

on or after January 1, 1992, may be closed, consolidated,

or transferred to another authority; and

‘‘(B) no program of such a school may be substantially

curtailed except in accordance with the requirements of

this subsection.

‘‘(2) EXCEPTIONS.—This subsection (other than this paragraph) shall not apply—

‘‘(A) in those cases in which the tribal governing body

for a school, or the local school board concerned (if designated by the tribal governing body to act under this

paragraph), requests the closure, consolidation, or substantial curtailment; or

‘‘(B) if a temporary closure, consolidation, or substantial curtailment is required by facility conditions that constitute an immediate hazard to health and safety.

‘‘(3) REGULATIONS.—The Secretary shall, by regulation,

promulgate standards and procedures for the closure, transfer

to another authority, consolidation, or substantial curtailment

of Bureau schools, in accordance with the requirements of this

subsection.

‘‘(4) NOTICE.—

‘‘(A) IN GENERAL.—In a case in which closure, transfer

to another authority, consolidation, or substantial curtailment of a school is under active consideration or review

by any division of the Bureau or the Department of the

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2015

Interior, the affected tribe, tribal governing body, and designated local school board will be notified immediately in

writing, kept fully and currently informed, and afforded

an opportunity to comment with respect to such consideration or review.

‘‘(B) DECISION TO CLOSE.—If a formal decision is made

to close, transfer to another authority, consolidate, or

substantially curtail a school, the affected tribe, tribal governing body, and designated school board shall be notified

not later than 180 days before the end of the school year

preceding the proposed closure date.

‘‘(C) COPIES.—Copies of any such notices and information shall be—

‘‘(i) submitted promptly to the appropriate committees of Congress; and

‘‘(ii) published in the Federal Register.

‘‘(5) REPORT.—The Secretary shall submit to the appropriate committees of Congress, the affected tribe, and the designated school board, a report describing the process of the

active consideration or review referred to in paragraph (4)

that includes—

‘‘(A) a study of the impact of such action on the student

population;

‘‘(B) a description of those students with particular

educational and social needs;

‘‘(C) recommendations to ensure that alternative services are available to such students; and

‘‘(D) a description of the consultation conducted

between the potential service provider, current service provider, parents, tribal representatives and the tribe or tribes

involved, and the Director of the Office of Indian Education

Programs within the Bureau regarding such students.

‘‘(6) LIMITATION ON CERTAIN ACTIONS.—No irrevocable

action may be taken in furtherance of any such proposed school

closure, transfer to another authority, consolidation, or substantial curtailment (including any action which would prejudice

the personnel or programs of such school) prior to the end

of the first full academic year after such report is made.

‘‘(7) TRIBAL GOVERNING BODY APPROVAL REQUIRED FOR CERTAIN ACTIONS.—The Secretary may, with the approval of the

tribal governing body, terminate, contract, transfer to any other

authority, consolidate, or substantially curtail the operation

or facilities of—

‘‘(A) any Bureau-funded school that is operated on or

after January 1, 1999;

‘‘(B) any program of such a school that is operated

on or after January 1, 1999; or

‘‘(C) any school board of a school operated under a

grant under the Tribally Controlled Schools Act of 1988.

‘‘(e) APPLICATION FOR CONTRACTS OR GRANTS FOR NON-BUREAUFUNDED SCHOOLS OR EXPANSION OF BUREAU-FUNDED SCHOOLS.—

‘‘(1) REVIEW BY SECRETARY.—

‘‘(A) CONSIDERATION OF FACTORS.—

‘‘(i) IN GENERAL.—The Secretary shall consider only

the factors described in subparagraph (B) in

reviewing—

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‘‘(I) applications from any tribe for the

awarding of a contract or grant for a school that

is not a Bureau-funded school; and ‘‘(II) applications from any tribe or school

board of any Bureau-funded school for—

‘‘(aa) a school which is not a Bureaufunded school; or

‘‘(bb) the expansion of a Bureau-funded

school which would increase the amount of

funds received by the Indian tribe or school

board under section 1127.

‘‘(ii) NO DENIAL BASED ON GEOGRAPHIC PROX- IMITY.—With respect to applications described in this

subparagraph, the Secretary shall give consideration

to all factors described in subparagraph (B), but no

such application shall be denied based primarily upon

the geographic proximity of comparable public education.

‘‘(B) FACTORS.—With respect to applications described

in subparagraph (A), the Secretary shall consider the following factors relating to the program and services that

are the subject of the application:

‘‘(i) The adequacy of the facilities or the potential

to obtain or provide adequate facilities.

‘‘(ii) Geographic and demographic factors in the

affected areas.

‘‘(iii) The adequacy of the applicant’s program

plans or, in the case of a Bureau-funded school, of

projected needs analysis done either by the tribe or

the Bureau.

‘‘(iv) Geographic proximity of comparable public

education.

‘‘(v) The stated needs of all affected parties,

including students, families, tribal governments at both

the central and local levels, and school organizations. ‘‘(vi) Adequacy and comparability of programs

already available.

‘‘(vii) Consistency of available programs with tribal

educational codes or tribal legislation on education.

‘‘(viii) The history and success of those services

for the proposed population to be served, as determined

from all factors, including standardized examination

performance.

‘‘(2) DETERMINATION ON APPLICATION.—

‘‘(A) IN GENERAL.—Not later than 180 days after the

date on which an application described in paragraph (1)(A)

is submitted to the Secretary, the Secretary shall make

a determination of whether to approve the application.

‘‘(B) FAILURE TO MAKE DETERMINATION.—If the Secretary fails to make a determination with respect to an

application by the date described in subparagraph (A),

the application shall be deemed to have been approved

by the Secretary.

‘‘(3) REQUIREMENTS FOR APPLICATIONS.—

‘‘(A) IN GENERAL.—Notwithstanding paragraph (2)(B),

an application described in paragraph (1)(A) may be

approved by the Secretary only if—

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‘‘(i) the application has been approved by the tribal

governing body of the students served by (or to be

served by) the school or program that is the subject

of the application; and

‘‘(ii) written evidence of such approval is submitted

with the application.

‘‘(B) INCLUDED INFORMATION.—Each application

described in paragraph (1)(A) shall include information

concerning each of the factors described in paragraph

(1)(B).

‘‘(4) DENIAL OF APPLICATIONS.—If the Secretary denies an

application described in paragraph (1)(A), the Secretary shall—

‘‘(A) state the objections to the application in writing

to the applicant not later than 180 days after the date

the application is submitted to the Secretary;

‘‘(B) provide assistance to the applicant to overcome

the stated objections;

‘‘(C) provide to the applicant a hearing on the record

regarding the denial, under the same rules and regulations

as apply under the Indian Self-Determination and Education Assistance Act; and

‘‘(D) provide to the applicant a notice of the applicant’s

appeals rights and an opportunity to appeal the decision

resulting from the hearing under subparagraph (D).

‘‘(5) EFFECTIVE DATE OF A SUBJECT APPLICATION.—

‘‘(A) IN GENERAL.—Except as otherwise provided in

this paragraph, an action that is the subject of any application described in paragraph (1)(A) that is approved by

the Secretary shall become effective—

‘‘(i) at the beginning of the academic year following

the fiscal year in which the application is approved;

or

‘‘(ii) at an earlier date determined by the Secretary.

‘‘(B) APPLICATIONS DEEMED APPROVED.—If an application is deemed to have been approved by the Secretary

under paragraph (2)(B), the action that is the subject of

the application shall become effective—

‘‘(i) on the date that is 18 months after the date

on which the application is submitted to the Secretary;

or

‘‘(ii) at an earlier date determined by the Secretary.

‘‘(6) STATUTORY CONSTRUCTION.—Nothing in this section

or any other provision of law, shall be construed to preclude

the expansion of grades and related facilities at a Bureaufunded school, if such expansion is paid for with non-Bureau

funds. Subject to the availability of appropriated funds the

Secretary is authorized to provide the necessary funds needed

to supplement the cost of operations and maintenance of such

expansion.

‘‘(f) JOINT ADMINISTRATION.—Administrative, transportation,

and program cost funds received by Bureau-funded schools, and

any program from the Department of Education or any other Federal agency for the purpose of providing education or related services, and other funds received for such education and related services from nonfederally funded programs, shall be apportioned and

the funds shall be retained at the school.

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‘‘(g) GENERAL USE OF FUNDS.—Funds received by Bureaufunded schools from the Bureau of Indian Affairs, and under any

program from the Department of Education or any other Federal

agency, for the purpose of providing education or related services

may be used for schoolwide projects to improve the educational

program for all Indian students.

‘‘(h) STUDY ON ADEQUACY OF FUNDS AND FORMULAS.—

‘‘(1) STUDY.—The Comptroller General of the United States

shall conduct a study to determine the adequacy of funding,

and formulas used by the Bureau to determine funding, for

programs operated by Bureau-funded schools, taking into

account unique circumstances applicable to Bureau-funded

schools. The study shall analyze existing information gathered

and contained in germane studies that have been conducted

or are currently being conducted with regard to Bureau-funded

schools.

‘‘(2) ACTION.—Upon completion of the study, the Secretary

of the Interior shall take such action as necessary to ensure

distribution of the findings of the study to all affected Indian

tribes, local school boards, and associations of local school

boards.

‘‘SEC. 1122. NATIONAL CRITERIA FOR HOME-LIVING SITUATIONS.

‘‘(a) REVISION OF STANDARDS.—

‘‘(1) IN GENERAL.—The Secretary, in consultation with the

Secretary of Education, Indian organizations and tribes, and

Bureau-funded schools, shall revise the national standards for

home-living (dormitory) situations to include such factors as

heating, lighting, cooling, adult-child ratios, needs for counselors (including special needs related to off-reservation homeliving (dormitory) situations), therapeutic programs, space, and

privacy.

‘‘(2) IMPLEMENTATION.—Such standards shall be implemented in Bureau-operated schools, and shall serve as minimum standards for contract or grant schools.

‘‘(3) REVISION AFTER ESTABLISHMENT.—Once established,

any revisions of such standards shall be developed according

to the requirements established under section 1137.

‘‘(b) IMPLEMENTATION.—The Secretary shall implement the

revised standards established under this section immediately upon

completion of the standards.

‘‘(c) PLAN.—

‘‘(1) IN GENERAL.—The Secretary shall submit to the appropriate committees of Congress, the tribes, and the affected

schools, and publish in the Federal Register, a detailed plan

to bring all Bureau-funded schools that provide home-living

(dormitory) situations up to the standards established under

this section.

‘‘(2) COMPONENTS OF PLAN.—The plan described in paragraph (1) shall include—

‘‘(A) a statement of the relative needs of each Bureaufunded home-living (dormitory) school;

‘‘(B) projected future needs of each Bureau-funded

home-living (dormitory) school;

‘‘(C) detailed information on the status of each school

in relation to the standards established under this section;

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PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2019

‘‘(D) specific cost estimates for meeting each standard

for each such school; ‘‘(E) aggregate cost estimates for bringing all such

schools into compliance with the criteria established under

this section; and ‘‘(F) specific timelines for bringing each school into

compliance with such standards. ‘‘(d) WAIVER.— ‘‘(1) IN GENERAL.—A tribal governing body or local school

board may, in accordance with this subsection, waive the standards established under this section for a school described in

subsection (a). ‘‘(2) INAPPROPRIATE STANDARDS.— ‘‘(A) IN GENERAL.—A tribal governing body, or the local

school board so designated by the tribal governing body,

may waive, in whole or in part, the standards established

under this section if such standards are determined by

such body or board to be inappropriate for the needs of

students from that tribe. ‘‘(B) ALTERNATIVE STANDARDS.—The tribal governing

body or school board involved shall, not later than 60

days after providing a waiver under subparagraph (A) for

a school, submit to the Director a proposal for alternative

standards that take into account the specific needs of the

tribe’s children. Such alternative standards shall be established by the Director for the school involved unless specifically rejected by the Director for good cause and in writing

provided to the affected tribes or local school board. ‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS PROHIBITED.— No school in operation on or before July 1, 1999 (regardless of

compliance or noncompliance with the standards established under

this section), may be closed, transferred to another authority, or

consolidated, and no program of such a school may be substantially

curtailed, because the school failed to meet such standards.

‘‘SEC. 1123. CODIFICATION OF REGULATIONS.

‘‘(a) PART 32 OF TITLE 25, CODE OF FEDERAL REGULATIONS.— The provisions of part 32 of title 25, Code of Federal Regulations,

as in effect on January 1, 1987, are incorporated into this Act

and shall be treated as though such provisions are set forth in

this subsection. Such provisions may be altered only by means

of an Act of Congress. To the extent that such provisions of part

32 do not conform with this Act or any statutory provision of

law enacted before November 1, 1978, the provisions of this Act

and the provisions of such other statutory law shall govern. ‘‘(b) DEFINITION OF REGULATION.—In this section, the term ‘regulation’ means any rule, regulation, guideline, interpretation,

order, or requirement of general applicability prescribed by any

officer or employee of the executive branch.

‘‘SEC. 1124. SCHOOL BOUNDARIES.

‘‘(a) ESTABLISHMENT BY SECRETARY.—The Secretary shall establish, by regulation, separate geographical attendance areas for each

Bureau-funded school.

‘‘(b) ESTABLISHMENT BY TRIBAL BODY.—In any case where there

is more than one Bureau-funded school located on an Indian reservation, at the direction of the tribal governing body, the relevant

school boards of the Bureau-funded schools on the reservation may,

Regulations.

25 USC 2004.

25 USC 2003.

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115 STAT. 2020 PUBLIC LAW 107–110—JAN. 8, 2002

by mutual consent, establish the relevant attendance areas for

such schools, subject to the approval of the tribal governing body.

Any such boundaries so established shall be accepted by the Secretary.

‘‘(c) BOUNDARY REVISIONS.—

‘‘(1) NOTICE.—On or after July 1, 2001, no geographical

attendance area shall be revised or established with respect

to any Bureau-funded school unless the tribal governing body

or the local school board concerned (if so designated by the

tribal governing body) has been afforded—

‘‘(A) at least 6 months notice of the intention of the

Bureau to revise or establish such attendance area; and

‘‘(B) the opportunity to propose alternative boundaries.

‘‘(2) REVISION PROCESS.—Any tribe may petition the Secretary for revision of existing attendance area boundaries. The

Secretary shall accept such proposed alternative or revised

boundaries unless the Secretary finds, after consultation with

the affected tribe or tribes, that such revised boundaries do

not reflect the needs of the Indian students to be served or

do not provide adequate stability to all of the affected programs.

The Secretary shall cause such revisions to be published in

the Federal Register.

‘‘(3) TRIBAL RESOLUTION DETERMINATION.—Nothing in this

section shall deny a tribal governing body the authority, on

a continuing basis, to adopt a tribal resolution allowing parents

the choice of the Bureau-funded school their children may

attend, regardless of the attendance boundaries established

under this section.

‘‘(d) FUNDING RESTRICTIONS.—

‘‘(1) IN GENERAL.—The Secretary shall not deny funding

to a Bureau-funded school for any eligible Indian student

attending the school solely because that student’s home or

domicile is outside of the geographical attendance area established for that school under this section.

‘‘(2) TRANSPORTATION.—No funding shall be made available

without tribal authorization to enable a school to provide

transportation for any student to or from the school and a

location outside the approved attendance area of the school.

‘‘(e) RESERVATION AS BOUNDARY.—When there is only one

Bureau-funded program located on an Indian reservation—

‘‘(1) the attendance area for the program shall be the boundaries (established by treaty, agreement, legislation, court

decisions, or executive decisions and as accepted by the tribe)

of the reservation served; and

‘‘(2) those students residing near the reservation shall also

receive services from such program.

‘‘(f) OFF-RESERVATION HOME-LIVING (DORMITORY) SCHOOLS.—

‘‘(1) IN GENERAL.—Notwithstanding any geographical

attendance areas, attendance at off-reservation home-living

(dormitory) schools shall include students requiring special

emphasis programs to be implemented at each off-reservation

home-living (dormitory) school.

‘‘(2) COORDINATION.—Such attendance shall be coordinated

between education line officers, the family, and the referring

and receiving programs.

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‘‘SEC. 1125. FACILITIES CONSTRUCTION.

‘‘(a) NATIONAL SURVEY OF FACILITIES CONDITIONS.— ‘‘(1) IN GENERAL.—Not later than 12 months after the date

of enactment of the Native American Education Improvement

Act of 2001, the General Accounting Office shall compile, collect,

and secure the data that are needed to prepare a national

survey of the physical conditions of all Bureau-funded school

facilities. ‘‘(2) DATA AND METHODOLOGIES.—In preparing the national

survey required under paragraph (1), the General Accounting

Office shall use the following data and methodologies: ‘‘(A) The existing Department of Defense formula for

determining the condition and adequacy of Department

of Defense facilities. ‘‘(B) Data related to conditions of Bureau-funded

schools that has previously been compiled, collected, or

secured from whatever source derived so long as the data

are accurate, relevant, timely, and necessary to the survey. ‘‘(C) The methodologies of the American Institute of

Architects, or other accredited and reputable architecture

or engineering associations.

‘‘(3) CONSULTATIONS.—

‘‘(A) IN GENERAL.—In carrying out the survey required

under paragraph (1), the General Accounting Office shall,

to the maximum extent practicable, consult (and if necessary contract) with national, regional, and tribal Indian

education organizations to ensure that a complete and

accurate national survey is achieved.

‘‘(B) REQUESTS FOR INFORMATION.—All Bureau-funded

schools shall comply with reasonable requests for information by the General Accounting Office and shall respond

to such requests in a timely fashion.

‘‘(4) SUBMISSION.—Not later than 2 years after the date

of enactment of the Native American Education Improvement

Act of 2001, the General Accounting Office shall submit the

results of the national survey conducted under paragraph (1)

to the Committee on Indian Affairs, the Committee on Health,

Education, Labor, and Pensions, and the Committee on Appropriations of the Senate and the Committee on Resources, the

Committee on Education and the Workforce, and the Committee

on Appropriations of the House of Representatives and to the

Secretary. The Secretary shall submit the results of the national

survey to school boards of Bureau-funded schools and their

respective tribes.

‘‘(5) NEGOTIATED RULEMAKING COMMITTEE.—

‘‘(A) IN GENERAL.—Not later than 6 months after the

date on which the submission is made under paragraph

(4), the Secretary shall establish a negotiated rulemaking

committee pursuant to section 1138(b)(3). The negotiated

rulemaking committee shall prepare and submit to the

Secretary the following:

‘‘(i) A catalog of the condition of school facilities

at all Bureau-funded schools that—

‘‘(I) incorporates the findings from the General

Accounting Office study evaluating and comparing

school systems of the Department of Defense and

the Bureau of Indian Affairs;

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115 STAT. 2022 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(II) rates such facilities with respect to the

rate of deterioration and useful life of structures

and major systems; ‘‘(III) establishes a routine maintenance

schedule for each facility;

‘‘(IV) identifies the complementary educational

facilities that do not exist but that are needed;

and

‘‘(V) makes projections on the amount of funds

needed to keep each school viable, consistent with

the accreditation standards required pursuant to

this Act.

‘‘(ii) A school replacement and new construction

report that determines replacement and new construction need, and a formula for the equitable distribution

of funds to address such need, for Bureau-funded

schools. Such formula shall utilize necessary factors

in determining an equitable distribution of funds,

including—

‘‘(I) the size of school;

‘‘(II) school enrollment;

‘‘(III) the age of the school;

‘‘(IV) the condition of the school;

‘‘(V) environmental factors at the school; and

‘‘(VI) school isolation.

‘‘(iii) A renovation repairs report that determines

renovation need (major and minor), and a formula

for the equitable distribution of funds to address such

need, for Bureau-funded schools. Such report shall

identify needed repairs or renovations with respect

to a facility, or a part of a facility, or the grounds

of the facility, to remedy a need based on disabilities

access or health and safety changes to a facility. The

formula developed shall utilize necessary factors in

determining an equitable distribution of funds,

including the factors described in clause (ii).

‘‘(B) SUBMISSION OF REPORTS.—Not later than 24

months after the negotiated rulemaking committee is established under subparagraph (A), the reports described in

clauses (ii) and (iii) of subparagraph (A) shall be submitted

to the committees of Congress referred to in paragraph

(4), the national and regional Indian education organizations, and to all school boards of Bureau-funded schools

and their respective tribes.

‘‘(6) FACILITIES INFORMATION SYSTEMS SUPPORT DATABASE.—The Secretary shall develop a Facilities Information

Systems Support Database to maintain and update the information contained in the reports under clauses (ii) and (iii) of

paragraph (5)(A) and the information contained in the survey

conducted under paragraph (1). The system shall be updated

every 3 years by the Bureau of Indian Affairs and monitored

by General Accounting Office, and shall be made available

to school boards of Bureau-funded schools and their respective

tribes, and Congress.

‘‘(b) COMPLIANCE WITH HEALTH AND SAFETY STANDARDS.— ‘‘(1) IN GENERAL.—The Secretary shall immediately begin

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PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2023

related facilities operated by the Bureau or under contract

or grant with the Bureau, into compliance with— ‘‘(A) all applicable tribal, Federal, or State health and

safety standards, whichever provides greater protection

(except that the tribal standards to be applied shall be

no greater than any otherwise applicable Federal or State

standards);

‘‘(B) section 504 of the Rehabilitation Act of 1973;

and

‘‘(C) the Americans with Disabilities Act of 1990.

‘‘(2) NO TERMINATION REQUIRED.—Nothing in this subsection requires termination of the operations of any facility

that— ‘‘(A) does not comply with the provisions and standards

described in paragraph (1); and ‘‘(B) is in use on the date of enactment of the Native

American Education Improvement Act of 2001. ‘‘(c) COMPLIANCE PLAN.—At the time that the annual budget

request for Bureau educational services is presented, the Secretary

shall submit to the appropriate committees of Congress a detailed

plan to bring all facilities covered under subsection (a) into compliance with the standards referred to in that subsection that

includes—

‘‘(1) detailed information on the status of each facility’s

compliance with such standards;

‘‘(2) specific cost estimates for meeting such standards at

each school; and

‘‘(3) specific timelines for bringing each school into compliance with such standards.

‘‘(d) CONSTRUCTION PRIORITIES.—

‘‘(1) SYSTEM TO ESTABLISH PRIORITIES.—On an annual basis,

the Secretary shall submit to the appropriate committees of

Congress and cause to be published in the Federal Register,

the system used to establish priorities for replacement and

construction projects for Bureau-funded schools and home-living

schools, including boarding schools and dormitories. At the

time any budget request for education is presented, the Secretary shall publish in the Federal Register and submit with

the budget request the current list of all Bureau-funded school

construction priorities.

‘‘(2) LONG-TERM CONSTRUCTION AND REPLACEMENT LIST.—

In addition to the plan submitted under subsection (c), the

Secretary shall—

‘‘(A) not later than 18 months after the date of enactment of the Native American Education Improvement Act

of 2001, establish a long-term construction and replacement

list for all Bureau-funded schools;

‘‘(B) using the list prepared under subparagraph (A),

propose a list for the orderly replacement of all Bureaufunded education-related facilities over a period of 40 years

to enable planning and scheduling of budget requests;

‘‘(C) cause the list prepared under subparagraph (B)

to be published in the Federal Register and allow a period

of not less than 120 days for public comment;

‘‘(D) make such revisions to the list prepared under

subparagraph (B) as are appropriate based on the comments received; and

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115 STAT. 2024 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(E) cause the final list to be published in the Federal

Register.

‘‘(3) EFFECT ON OTHER LIST.—Nothing in this section shall

interfere with or change in any way the construction priority

list as it existed on the day before the date of enactment

of the Native American Education Improvement Act of 2001.

‘‘(e) HAZARDOUS CONDITION AT BUREAU-FUNDED SCHOOL.—

‘‘(1) CLOSURE, CONSOLIDATION, OR CURTAILMENT.—

‘‘(A) IN GENERAL.—A Bureau-funded school may be

closed or consolidated, or the programs of a Bureau-funded

school may be substantially curtailed, by reason of facility

conditions that constitute an immediate hazard to health

and safety only if a health and safety officer of the Bureau

and an individual designated at the beginning of the school

year by the tribe involved under subparagraph (B) determine that such conditions exist at a facility of the Bureaufunded school.

‘‘(B) DESIGNATION OF INDIVIDUAL BY TRIBE.—To be designated by a tribe for purposes of subparagraph (A), an

individual shall—

‘‘(i) be a licensed or certified facilities safety

inspector;

‘‘(ii) have demonstrated experience in the inspection of facilities for health and safety purposes with

respect to occupancy; or

‘‘(iii) have a significant educational background in

the health and safety of facilities with respect to occupancy.

‘‘(C) INSPECTION.—After making a determination

described in subparagraph (A), the Bureau health and

safety officer and the individual designated by the tribe

shall conduct an inspection of the conditions of such facility

in order to determine whether conditions at such facility

constitute an immediate hazard to health and safety. Such

inspection shall be completed as expeditiously as practicable, but not later than 20 days after the date on which

the action described in subparagraph (A) is taken.

‘‘(D) FAILURE TO CONCUR.—If the Bureau health and

safety officer, and the individual designated by the tribe,

conducting the inspection of a facility required under

subparagraph (C) do not concur that conditions at the

facility constitute an immediate hazard to health and

safety, such officer and individual shall immediately notify

the tribal governing body and provide written information

related to their determinations.

‘‘(E) CONSIDERATION BY TRIBAL GOVERNING BODY.—Not

later than 10 days after a tribal governing body receives

notice under subparagraph (D), the tribal governing body

shall consider all information relating to the determinations

of the Bureau health and safety officer and the individual

designated by the tribe and make a determination

regarding the closure, consolidation, or curtailment

involved.

‘‘(F) AGREEMENT TO CLOSE, CONSOLIDATE, OR CURTAIL.—

Deadline.

Federal Register,

publication.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2025

‘‘(i) IN GENERAL.—If the Bureau health and safety

officer and the individual designated by the tribe conducting the inspection of a facility required under

subparagraph (C), concur that conditions at the facility

constitute an immediate hazard to health and safety,

or if the tribal governing body makes such a determination under subparagraph (E), the facility involved shall

be closed immediately.

‘‘(ii) REOPENING OF FACILITY IF NO IMMEDIATE

HAZARD FOUND TO EXIST.—If the Bureau health and

safety officer or the individual designated by the tribe

conducting the inspection of a facility required under

subparagraph (C) determines that conditions at the

facility do not constitute an immediate hazard to health

and safety, any consolidation or curtailment that was

made under this paragraph shall immediately cease

and any school closed by reason of conditions at the

facility shall be reopened immediately.

‘‘(G) GENERAL CLOSURE REPORT.—If a Bureau-funded

school is temporarily closed or consolidated or the programs

of a Bureau-funded school are temporarily substantially

curtailed under this subsection and the Secretary determines that the closure, consolidation, or curtailment will

exceed 1 year, the Secretary shall submit to the appropriate

committees of Congress, the affected tribe, and the local

school board, not later than 90 days after the date on

which the closure, consolidation, or curtailment was initiated, a report that specifies—

‘‘(i) the reasons for such temporary action;

‘‘(ii) the actions the Secretary is taking to eliminate

the conditions that constitute the hazard;

‘‘(iii) an estimated date by which the actions

described in clause (ii) will be concluded; and

‘‘(iv) a plan for providing alternate education services for students enrolled at the school that is to be

closed.

‘‘(2) NONAPPLICATION OF CERTAIN STANDARDS FOR TEMPORARY FACILITY USE.—

‘‘(A) CLASSROOM ACTIVITIES.—The Secretary shall

permit the local school board to temporarily utilize facilities

adjacent to the school, or satellite facilities, if such facilities

are suitable for conducting classroom activities. In permitting the use of facilities under the preceding sentence,

the Secretary may waive applicable minor standards under

section 1121 relating to such facilities (such as the required

number of exit lights or configuration of restrooms) so

long as such waivers do not result in the creation of an

environment that constitutes an immediate and substantial

threat to the health, safety, and life of students and staff.

‘‘(B) ADMINISTRATIVE ACTIVITIES.—The provisions of

subparagraph (A) shall apply with respect to administrative

personnel if the facilities involved are suitable for activities

performed by such personnel.

‘‘(C) TEMPORARY.—In this paragraph, the term ‘temporary’ means—

‘‘(i) with respect to a school that is to be closed

for not more than 1 year, 3 months or less; and

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115 STAT. 2026 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) with respect to a school that is to be closed

for not less than 1 year, a time period determined

appropriate by the Bureau. ‘‘(3) TREATMENT OF CLOSURE.—Any closure of a Bureaufunded school under this subsection for a period that exceeds

30 days but is less than 1 year, shall be treated by the Bureau

as an emergency facility improvement and repair project. ‘‘(4) USE OF FUNDS.—With respect to a Bureau-funded

school that is closed under this subsection, the tribal governing

body, or the designated local school board of each Bureaufunded school, involved may authorize the use of funds allocated

pursuant to section 1127, to abate the hazardous conditions

without further action by Congress.

‘‘(f) FUNDING REQUIREMENT.— ‘‘(1) DISTRIBUTION OF FUNDS.—Beginning with the first

fiscal year following the date of enactment of the Native American Education Improvement Act of 2001, all funds appropriated

to the budget accounts for the operations and maintenance

of Bureau-funded schools shall be distributed by formula to

the schools. No funds from these accounts may be retained

or segregated by the Bureau to pay for administrative or other

costs of any facilities branch or office, at any level of the

Bureau. ‘‘(2) REQUIREMENTS FOR CERTAIN USES.—No funds shall

be withheld from the distribution to the budget of any school

operated under contract or grant by the Bureau for maintenance

or any other facilities or road-related purpose, unless such

school has consented, as a modification to the contract or in

writing for grants schools, to the withholding of such funds,

including the amount thereof, the purpose for which the funds

will be used, and the timeline for the services to be provided.

The school may, at the end of any fiscal year, cancel an agreement under this paragraph upon giving the Bureau 30 days

notice of its intent to do so.

‘‘(g) NO REDUCTION IN FEDERAL FUNDING.—Nothing in this

section shall diminish any Federal funding due to the receipt by

the school of funding for facilities improvement or construction

from a State or any other source.

‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.

‘‘(a) FORMULATION AND ESTABLISHMENT OF POLICY AND PROCEDURE; SUPERVISION OF PROGRAMS AND EXPENDITURES.—The Secretary shall vest in the Assistant Secretary for Indian Affairs all

functions with respect to formulation and establishment of policy

and procedure and supervision of programs and expenditures of

Federal funds for the purpose of Indian education administered

by the Bureau. The Assistant Secretary shall carry out such functions through the Director of the Office of Indian Education Programs.

‘‘(b) DIRECTION AND SUPERVISION OF PERSONNEL OPERATIONS.—

‘‘(1) IN GENERAL.—Not later than 180 days after the date

of enactment of the Native American Education Improvement

Act of 2001, the Director of the Office shall direct and supervise

the operations of all personnel directly and substantially

involved in the provision of education program services by

the Bureau, including school or institution custodial or maintenance personnel, and personnel responsible for contracting,

Deadline.

25 USC 2006.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2027

procurement, and finance functions connected with school operation programs. ‘‘(2) TRANSFERS.—The Assistant Secretary for Indian

Affairs shall, not later than 180 days after the date of enactment of the Native American Education Improvement Act of

2001, coordinate the transfer of functions relating to procurements for, contracts of, operation of, and maintenance of schools

and other support functions to the Director.

‘‘(c) INHERENT FEDERAL FUNCTION.—For purposes of this Act,

all functions relating to education that are located at the Area

or Agency level and performed by an education line officer shall

be subject to contract under the Indian Self-Determination and

Education Assistance Act, unless determined by the Secretary to

be inherently Federal functions as defined in section 1141(12). ‘‘(d) EVALUATION OF PROGRAMS; SERVICES AND SUPPORT FUNC- TIONS; TECHNICAL AND COORDINATING ASSISTANCE.—Education personnel who are under the direction and supervision of the Director

of the Office of Indian Education Programs in accordance with

subsection (b)(1) shall— ‘‘(1) monitor and evaluate Bureau education programs;

‘‘(2) provide all services and support functions for education

programs with respect to personnel matters involving staffing

actions and functions; and ‘‘(3) provide technical and coordinating assistance in areas

such as procurement, contracting, budgeting, personnel, curriculum, and operation and maintenance of school facilities.

‘‘(e) CONSTRUCTION, IMPROVEMENT, OPERATION, AND MAINTENANCE OF FACILITIES.—

‘‘(1) PLAN FOR CONSTRUCTION.—The Assistant Secretary

shall submit as part of the annual budget a plan—

‘‘(A) for school facilities to be constructed under section

1125(c);

‘‘(B) for establishing priorities among projects and for

the improvement and repair of educational facilities, which

together shall form the basis for the distribution of appropriated funds; and

‘‘(C) for capital improvements to be made over the

5 succeeding years.

‘‘(2) PROGRAM FOR OPERATION AND MAINTENANCE.—

‘‘(A) ESTABLISHMENT.—The Assistant Secretary shall

establish a program, including the distribution of appropriated funds, for the operation and maintenance of education facilities. Such program shall include—

‘‘(i) a method of computing the amount necessary

for each educational facility;

‘‘(ii) similar treatment of all Bureau-funded

schools;

‘‘(iii) a notice of an allocation of appropriated funds

from the Director of the Office of Indian Education

Programs directly to the education line officers and

appropriate school officials;

‘‘(iv) a method for determining the need for, and

priority of, facilities repair and maintenance projects,

both major and minor (to be determined, through the

conduct by the Assistant Secretary, of a series of

meetings at the agency and area level with representatives of the Bureau-funded schools in those areas and

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115 STAT. 2028 PUBLIC LAW 107–110—JAN. 8, 2002

agencies to receive comment on the lists and

prioritization of such projects); and

‘‘(v) a system for the conduct of routine preventive

maintenance.

‘‘(B) LOCAL SUPERVISORS.—The appropriate education

line officers shall make arrangements for the maintenance

of education facilities with the local supervisors of the

Bureau maintenance personnel. The local supervisors of

Bureau maintenance personnel shall take appropriate

action to implement the decisions made by the appropriate

education line officers, except that no funds under this

chapter may be authorized for expenditure unless such

appropriate education line officer is assured that the necessary maintenance has been, or will be, provided in a

reasonable manner.

‘‘(3) IMPLEMENTATION.—This subsection shall be implemented as soon as practicable after the date of enactment

of the Native American Education Improvement Act of 2001.

‘‘(f) ACCEPTANCE OF GIFTS AND BEQUESTS.—

‘‘(1) GUIDELINES.—Notwithstanding any other provision of

law, the Director of the Office shall promulgate guidelines

for the establishment and administration of mechanisms for

the acceptance of gifts and bequests for the use and benefit

of particular schools or designated Bureau-operated education

programs, including, in appropriate cases, the establishment

and administration of trust funds.

‘‘(2) MONITORING AND REPORTS.—Except as provided in

paragraph (3), in a case in which a Bureau-operated education

program is the beneficiary of such a gift or bequest, the Director

shall—

‘‘(A) make provisions for monitoring use of the gift

or bequest; and

‘‘(B) submit a report to the appropriate committees

of Congress that describes the amount and terms of such

gift or bequest, the manner in which such gift or bequest

shall be used, and any results achieved by such use.

‘‘(3) EXCEPTION.—The requirements of paragraph (2) shall

not apply in the case of a gift or bequest that is valued at

$5,000 or less.

‘‘(g) DEFINITION OF FUNCTIONS.—For the purpose of this section,

the term ‘functions’ includes powers and duties.

‘‘SEC. 1127. ALLOTMENT FORMULA.

‘‘(a) FACTORS CONSIDERED; REVISION TO REFLECT STANDARDS.—

‘‘(1) FORMULA.—The Secretary shall establish, by regulation

adopted in accordance with section 1137, a formula for determining the minimum annual amount of funds necessary to

sustain each Bureau-funded school. In establishing such formula, the Secretary shall consider—

‘‘(A) the number of eligible Indian students served

and total student population of the school;

‘‘(B) special cost factors, such as—

‘‘(i) the isolation of the school;

‘‘(ii) the need for special staffing, transportation,

or educational programs;

‘‘(iii) food and housing costs;

Regulations.

25 USC 2007.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2029

‘‘(iv) maintenance and repair costs associated with

the physical condition of the educational facilities; ‘‘(v) special transportation and other costs of isolated and small schools;

‘‘(vi) the costs of home-living (dormitory) arrangements, where determined necessary by a tribal governing body or designated school board;

‘‘(vii) costs associated with greater lengths of

service by education personnel;

‘‘(viii) the costs of therapeutic programs for students requiring such programs; and

‘‘(ix) special costs for gifted and talented students;

‘‘(C) the cost of providing academic services which are

at least equivalent to those provided by public schools

in the State in which the school is located;

‘‘(D) whether the available funding will enable the

school involved to comply with the accreditation standards

applicable to the school under section 1121; and

‘‘(E) such other relevant factors as the Secretary determines are appropriate.

‘‘(2) REVISION OF FORMULA.—

‘‘(A) IN GENERAL.—Upon the establishment of the

standards required in section 1122, the Secretary shall

revise the formula established under this subsection to

reflect the cost of funding such standards.

‘‘(B) REVIEW OF FORMULA.—Not later than January

1, 2003, the Secretary shall review the formula established

under this section and shall take such steps as are necessary to increase the availability of counseling and therapeutic programs for students in off-reservation home-living

(dormitory) schools and other Bureau-operated residential

facilities.

‘‘(C) REVIEW OF STANDARDS.—Concurrent with such

action, the Secretary shall review the standards established

under section 1122 to be certain that adequate provision

is made for parental notification regarding, and consent

for, such counseling and therapeutic programs.

‘‘(b) PRO RATA ALLOTMENT.—Notwithstanding any other provision of law, Federal funds appropriated for the general local operation of Bureau-funded schools shall be allotted pro rata in accordance with the formula established under subsection (a).

‘‘(c) ANNUAL ADJUSTMENT; RESERVATION OF AMOUNT FOR

SCHOOL BOARD ACTIVITIES.—

‘‘(1) ANNUAL ADJUSTMENT.—For fiscal year 2003, and for

each subsequent fiscal year, the Secretary shall adjust the

formula established under subsection (a) to ensure that the

formula does the following:

‘‘(A) Uses a weighted unit of 1.2 for each eligible Indian

student enrolled in the seventh and eighth grades of the

school in considering the number of eligible Indian students

served by the school. ‘‘(B) Considers a school with an enrollment of less

than 50 eligible Indian students as having an average

daily attendance of 50 eligible Indian students for purposes

of implementing the adjustment factor for small schools.

‘‘(C) Takes into account the provision of residential

services on less than a 9-month basis at a school when

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115 STAT. 2030 PUBLIC LAW 107–110—JAN. 8, 2002

the school board and supervisor of the school determine

that a less than 9-month basis will be implemented for

the school year involved.

‘‘(D) Uses a weighted unit of 2.0 for each eligible Indian

student that—

‘‘(i) is gifted and talented; and

‘‘(ii) is enrolled in the school on a full-time basis,

in considering the number of eligible Indian students

served by the school.

‘‘(E) Uses a weighted unit of 0.25 for each eligible

Indian student who is enrolled in a year-long credit course

in an Indian or Native language as part of the regular

curriculum of a school, in considering the number of eligible

Indian students served by such school. The adjustment

required under this subparagraph shall be used for such

school after—

‘‘(i) the certification of the Indian or Native language curriculum by the school board of such school

to the Secretary, together with an estimate of the

number of full-time students expected to be enrolled

in the curriculum in the second school year for which

the certification is made; and

(ii) the funds appropriated for allotment under

this section are designated by the appropriations Act

appropriating such funds as the amount necessary to

implement such adjustment at such school without

reducing allotments made under this section to any

school by virtue of such adjustment.

‘‘(2) RESERVATION OF AMOUNT.—

‘‘(A) IN GENERAL.—From the funds allotted in accordance with the formula established under subsection (a)

for each Bureau school, the local school board of such

school may reserve an amount which does not exceed the

greater of—

‘‘(i) $8,000; or

‘‘(ii) the lesser of—

‘‘(I) $15,000; or

‘‘(II) 1 percent of such allotted funds,

for school board activities for such school, including (notwithstanding any other provision of law) meeting expenses

and the cost of membership in, and support of, organizations engaged in activities on behalf of Indian education.

‘‘(B) TRAINING.—

‘‘(i) IN GENERAL.—Each local school board, and any

agency school board that serves as a local school board

for any grant or contract school, shall ensure that

each individual who is a new member of the school

board receives, within 1 year after the individual

becomes a member of the school board, 40 hours of

training relevant to that individual’s service on the

board.

‘‘(ii) TYPES OF TRAINING.—Such training may

include training concerning legal issues pertaining to

Bureau-funded schools, legal issues pertaining to

school boards, ethics, and other topics determined to

be appropriate by the school board.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2031

‘‘(iii) RECOMMENDATION.—The training described

in this subparagraph shall not be required, but is

recommended, for a tribal governing body that serves

in the capacity of a school board.

‘‘(d) RESERVATION OF AMOUNT FOR EMERGENCIES.—

‘‘(1) IN GENERAL.—The Secretary shall reserve from the

funds available for distribution for each fiscal year under this

section an amount that, in the aggregate, equals 1 percent

of the funds available for such purpose for that fiscal year,

to be used, at the discretion of the Director of the Office

of Indian Education Programs, to meet emergencies and unforeseen contingencies affecting the education programs funded

under this section.

‘‘(2) USE OF FUNDS.—Funds reserved under this subsection

may be expended only for education services or programs,

including emergency repairs of educational facilities, at a

schoolsite (as defined by section 5204(c)(2) of the Tribally Controlled Schools Act of 1988).

‘‘(3) AVAILABILITY OF FUNDS.—Funds reserved under this

subsection shall remain available without fiscal year limitation

until expended. However, the aggregate amount available from

all fiscal years may not exceed 1 percent of the current year

funds.

‘‘(4) REPORT.—When the Secretary makes funds available

under this subsection, the Secretary shall report such action

to the appropriate committees of Congress within the annual

budget submission.

‘‘(e) SUPPLEMENTAL APPROPRIATIONS.—Supplemental appropriations enacted to meet increased pay costs attributable to school

level personnel shall be distributed under this section.

‘‘(f) ELIGIBLE INDIAN STUDENT DEFINED.—In this section, the

term ‘eligible Indian student’ means a student who—

‘‘(1) is a member of, or is at least one-fourth degree Indian

blood descendant of a member of, a tribe that is eligible for

the special programs and services provided by the United States

through the Bureau to Indians because of their status as

Indians;

‘‘(2) resides on or near a reservation or meets the criteria

for attendance at a Bureau off-reservation home-living school;

and

‘‘(3) is enrolled in a Bureau-funded school.

‘‘(g) TUITION.—

‘‘(1) IN GENERAL.—No eligible Indian student or a student

attending a Bureau school under paragraph (2)(C) may be

charged tuition for attendance at a Bureau school or contract

or grant school.

‘‘(2) ATTENDANCE OF NON-INDIAN STUDENTS AT BUREAU

SCHOOLS.—The Secretary may permit the attendance at a

Bureau school of a student who is not an eligible Indian student

if—

‘‘(A) the Secretary determines that the student’s

attendance will not adversely affect the school’s program

for eligible Indian students because of cost, overcrowding,

or violation of standards or accreditation;

‘‘(B) the school board consents;

115 STAT. 2032 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(C) the student is a dependent of a Bureau, Indian

Health Service, or tribal government employee who lives

on or near the school site; or

‘‘(D) tuition is paid for the student that is not more

than the tuition charged by the nearest public school district for out-of-district students and shall be in addition

to the school’s allocation under this section.

‘‘(3) ATTENDANCE OF NON-INDIAN STUDENTS AT CONTRACT

AND GRANT SCHOOLS.—The school board of a contract or grant

school may permit students who are not eligible Indian students

under this subsection to attend its contract school or grant

school. Any tuition collected for those students shall be in

addition to funding received under this section.

‘‘(h) FUNDS AVAILABLE WITHOUT FISCAL YEAR LIMITATION.—

Notwithstanding any other provision of law, at the election of

the school board of a Bureau school made at any time during

the fiscal year, a portion equal to not more than 15 percent of

the funds allocated with respect to a school under this section

for any fiscal year shall remain available to the school for expenditure without fiscal year limitation. The Assistant Secretary shall

take such steps as are necessary to implement this subsection.

‘‘(i) STUDENTS AT RICHFIELD DORMITORY, RICHFIELD, UTAH.—

‘‘(1) IN GENERAL.—Tuition for the instruction of each outof-State Indian student in a home-living situation at the Richfield dormitory in Richfield, Utah, who attends Sevier County

high schools in Richfield, Utah, for an academic year, shall

be paid from Indian school equalization program funds authorized in this section and section 1129, at a rate not to exceed

the weighted amount provided for under subsection (b) for

a student for that year.

‘‘(2) NO ADMINISTRATIVE COST FUNDS.—No additional

administrative cost funds shall be provided under this part

to pay for administrative costs relating to the instruction of

the students.

‘‘SEC. 1128. ADMINISTRATIVE COST GRANTS.

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) ADMINISTRATIVE COST.—

‘‘(A) IN GENERAL.—The term ‘administrative cost’

means the cost of necessary administrative functions

which—

‘‘(i) the tribe or tribal organization incurs as a

result of operating a tribal elementary or secondary

educational program;

‘‘(ii) are not customarily paid by comparable

Bureau-operated programs out of direct program funds;

and

‘‘(iii) are either—

‘‘(I) normally provided for comparable Bureau

programs by Federal officials using resources other

than Bureau direct program funds; or

‘‘(II) are otherwise required of tribal self-determination program operators by law or prudent

management practice.

‘‘(B) INCLUSIONS.—The term ‘administrative cost’ may

include—

25 USC 2008.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2033

‘‘(i) contract or grant (or other agreement) administration;

‘‘(ii) executive, policy, and corporate leadership and

decisionmaking;

‘‘(iii) program planning, development, and management;

‘‘(iv) fiscal, personnel, property, and procurement

management;

‘‘(v) related office services and record keeping; and

‘‘(vi) costs of necessary insurance, auditing, legal,

safety and security services.

‘‘(2) BUREAU ELEMENTARY AND SECONDARY FUNCTIONS.—

The term ‘Bureau elementary and secondary functions’ means—

‘‘(A) all functions funded at Bureau schools by the

Office;

‘‘(B) all programs—

‘‘(i) funds for which are appropriated to other agencies of the Federal Government; and

‘‘(ii) which are administered for the benefit of

Indians through Bureau schools; and

‘‘(C) all operation, maintenance, and repair funds for

facilities and Government quarters used in the operation

or support of elementary and secondary education functions

for the benefit of Indians, from whatever source derived.

‘‘(3) DIRECT COST BASE.—

‘‘(A) IN GENERAL.—Except as otherwise provided in

subparagraph (B), the direct cost base of a tribe or tribal

organization for the fiscal year is the aggregate direct

cost program funding for all tribal elementary or secondary

educational programs operated by the tribe or tribal

organization during—

‘‘(i) the second fiscal year preceding such fiscal

year; or

‘‘(ii) if such programs have not been operated by

the tribe or tribal organization during the 2 preceding

fiscal years, the first fiscal year preceding such fiscal

year.

‘‘(B) FUNCTIONS NOT PREVIOUSLY OPERATED.—In the

case of Bureau elementary or secondary education functions

which have not previously been operated by a tribe or

tribal organization under contract, grant, or agreement

with the Bureau, the direct cost base for the initial year

shall be the projected aggregate direct cost program funding

for all Bureau elementary and secondary functions to be

operated by the tribe or tribal organization during that

fiscal year.

‘‘(4) MAXIMUM BASE RATE.—The term ‘maximum base rate’

means 50 percent.

‘‘(5) MINIMUM BASE RATE.—The term ‘minimum base rate’

means 11 percent.

‘‘(6) STANDARD DIRECT COST BASE.—The term ‘standard

direct cost base’ means $600,000.

‘‘(7) TRIBAL ELEMENTARY OR SECONDARY EDUCATIONAL PROGRAMS.—The term ‘tribal elementary or secondary educational

programs’ means all Bureau elementary and secondary functions, together with any other Bureau programs or portions

115 STAT. 2034 PUBLIC LAW 107–110—JAN. 8, 2002

of programs (excluding funds for social services that are appropriated to agencies other than the Bureau and are funded

through the Bureau, funds for major subcontracts, construction,

and other major capital expenditures, and unexpended funds

carried over from prior years) which share common administrative cost functions, that are operated directly by a tribe or

tribal organization under a contract, grant, or agreement with

the Bureau.

‘‘(b) GRANTS; EFFECT UPON APPROPRIATED AMOUNTS.—

‘‘(1) GRANTS.—Subject to the availability of funds, the Secretary shall provide grants to each tribe or tribal organization

operating a contract school or grant school in the amount

determined under this section with respect to the tribe or

tribal organization for the purpose of paying the administrative

and indirect costs incurred in operating contract or grant

schools, provided that no school operated as a stand-alone

institution shall receive less than $200,000 per year for these

purposes, in order to—

‘‘(A) enable tribes and tribal organizations operating

such schools, without reducing direct program services to

the beneficiaries of the program, to provide all related

administrative overhead services and operations necessary

to meet the requirements of law and prudent management

practice; and

‘‘(B) carry out other necessary support functions which

would otherwise be provided by the Secretary or other

Federal officers or employees, from resources other than

direct program funds, in support of comparable Bureauoperated programs.

‘‘(2) EFFECT UPON APPROPRIATED AMOUNTS.—Amounts

appropriated to fund the grants provided under this section

shall be in addition to, and shall not reduce, the amounts

appropriated for the program being administered by the contract or grant school.

‘‘(c) DETERMINATION OF GRANT AMOUNT.—

‘‘(1) IN GENERAL.—The amount of the grant provided to

each tribe or tribal organization under this section for each

fiscal year shall be determined by applying the administrative

cost percentage rate of the tribe or tribal organization to the

aggregate of the Bureau elementary and secondary functions

operated by the tribe or tribal organization for which funds

are received from or through the Bureau.

‘‘(2) DIRECT COST BASE FUNDS.—The Secretary shall—

‘‘(A) reduce the amount of the grant determined under

paragraph (1) to the extent that payments for administrative costs are actually received by an Indian tribe or tribal

organization under any Federal education program

included in the direct cost base of the tribe or tribal

organization; and

‘‘(B) take such actions as may be necessary to be

reimbursed by any other department or agency of the Federal Government for the portion of grants made under

this section for the costs of administering any program

for Indians that is funded by appropriations made to such

other department or agency.

‘‘(d) ADMINISTRATIVE COST PERCENTAGE RATE.—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2035

‘‘(1) IN GENERAL.—For purposes of this section, the administrative cost percentage rate for a contract or grant school for

a fiscal year is equal to the percentage determined by dividing— ‘‘(A) the sum of—

‘‘(i) the amount equal to—

‘‘(I) the direct cost base of the tribe or tribal

organization for the fiscal year, multiplied by

‘‘(II) the minimum base rate; plus

‘‘(ii) the amount equal to—

‘‘(I) the standard direct cost base; multiplied

by

‘‘(II) the maximum base rate; by

‘‘(B) the sum of—

‘‘(i) the direct cost base of the tribe or tribal

organization for the fiscal year; plus

‘‘(ii) the standard direct cost base.

‘‘(2) ROUNDING.—The administrative cost percentage rate

shall be determined to the 1⁄100 of a decimal point.

‘‘(3) APPLICABILITY.—The administrative cost percentage

rate determined under this subsection shall not apply to other

programs operated by the tribe or tribal organization.

‘‘(e) COMBINING FUNDS.—

‘‘(1) IN GENERAL.—Funds received by a tribe or contract

or grant school as grants under this section for tribal

elementary or secondary educational programs may be combined by the tribe or contract or grant school into a single

administrative cost account without the necessity of

maintaining separate funding source accounting.

‘‘(2) INDIRECT COST FUNDS.—Indirect cost funds for programs at the school which share common administrative services with tribal elementary or secondary educational programs

may be included in the administrative cost account described

in paragraph (1).

‘‘(f) AVAILABILITY OF FUNDS.—Funds received as grants under

this section with respect to tribal elementary or secondary education

programs shall remain available to the contract or grant school

without fiscal year limitation and without diminishing the amount

of any grants otherwise payable to the school under this section

for any fiscal year beginning after the fiscal year for which the

grant is provided.

‘‘(g) TREATMENT OF FUNDS.—Funds received as grants under

this section for Bureau-funded programs operated by a tribe or

tribal organization under a contract or agreement shall not be

taken into consideration for purposes of indirect cost underrecovery

and overrecovery determinations by any Federal agency for any

other funds, from whatever source derived.

‘‘(h) TREATMENT OF ENTITY OPERATING OTHER PROGRAMS.—

In applying this section and section 106 of the Indian Self-Determination and Education Assistance Act with respect to an Indian

tribe or tribal organization that—

‘‘(1) receives funds under this section for administrative

costs incurred in operating a contract or grant school or a

school operated under the Tribally Controlled Schools Act of

1988; and

‘‘(2) operates one or more other programs under a contract

or grant provided under the Indian Self-Determination and

Education Assistance Act,

115 STAT. 2036 PUBLIC LAW 107–110—JAN. 8, 2002

the Secretary shall ensure that the Indian tribe or tribal organization is provided with the full amount of the administrative costs

that are associated with operating the contract or grant school,

and of the indirect costs, that are associated with all of such

other programs, except that funds appropriated for implementation

of this section shall be used only to supply the amount of the

grant required to be provided by this section.

‘‘(i) STUDIES FOR DETERMINATION OF FACTORS AFFECTING

COSTS; BASE RATES LIMITS; STANDARD DIRECT COST BASE; REPORT

TO CONGRESS.—

‘‘(1) STUDIES.—Not later than 120 days after the date of

enactment of the Native American Education Improvement Act

of 2001, the Director of the Office of Indian Education Programs

shall—

‘‘(A) conduct such studies as may be needed to establish

an empirical basis for determining relevant factors substantially affecting required administrative costs of tribal

elementary and secondary education programs, using the

formula set forth in subsection (c); and

‘‘(B) conduct a study to determine—

‘‘(i) a maximum base rate which ensures that the

amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the smallest tribal elementary or secondary

educational programs;

‘‘(ii) a minimum base rate which ensures that the

amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the largest tribal elementary or secondary

educational programs; and

‘‘(iii) a standard direct cost base which is the aggregate

direct cost funding level for which the percentage determined under subsection (d) will—

‘‘(I) be equal to the median between the maximum

base rate and the minimum base rate; and

‘‘(II) ensure that the amount of the grants provided

under this section will provide adequate (but not excessive) funding of the administrative costs of tribal

elementary or secondary educational programs closest

to the size of the program.

‘‘(2) GUIDELINES.—The studies required under paragraph

(1) shall—

‘‘(A) be conducted in full consultation (in accordance

with section 1131) with—

‘‘(i) the tribes and tribal organizations that are

affected by the application of the formula set forth

in subsection (c); and

‘‘(ii) all national and regional Indian organizations

of which such tribes and tribal organizations are typically members;

‘‘(B) be conducted onsite with a representative statistical sample of the tribal elementary or secondary educational programs under a contract entered into with a

nationally reputable public accounting and business consulting firm;

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PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2037

‘‘(C) take into account the availability of skilled labor

commodities, business and automatic data processing services, related Indian preference and Indian control of education requirements, and any other market factors found

to substantially affect the administrative costs and efficiency of each such tribal elementary or secondary educational program studied in order to ensure that all

required administrative activities can reasonably be delivered in a cost effective manner for each such program,

given an administrative cost allowance generated by the

values, percentages, or other factors found in the studies

to be relevant in such formula;

‘‘(D) identify, and quantify in terms of percentages

of direct program costs, any general factors arising from

geographic isolation, or numbers of programs administered,

independent of program size factors used to compute a

base administrative cost percentage in such formula; and

‘‘(E) identify any other incremental cost factors

substantially affecting the costs of required administrative

cost functions at any of the tribal elementary or secondary

educational programs studied and determine whether the

factors are of general applicability to other such programs,

and (if so) how the factors may effectively be incorporated

into such formula.

‘‘(3) CONSULTATION WITH INSPECTOR GENERAL.—In carrying

out the studies required under this subsection, the Director

shall obtain the input of, and afford an opportunity to participate to, the Inspector General of the Department of the Interior.

‘‘(4) CONSIDERATION OF DELIVERY OF ADMINISTRATIVE SERVICES.—Determinations described in paragraph (2)(C) shall be

based on what is practicable at each location studied, given

prudent management practice, irrespective of whether required

administrative services were actually or fully delivered at these

sites, or whether other services were delivered instead, during

the period of the study. ‘‘(5) REPORT.—Upon completion of the studies conducted

under paragraph (1), the Director shall submit to Congress

a report on the findings of the studies, together with determinations based upon such studies that would affect the definitions

set forth under subsection (e) that are used in the formula

set forth in subsection (c).

‘‘(6) PROJECTION OF COSTS.—The Secretary shall include

in the Bureau’s justification for each appropriations request

beginning in the first fiscal year after the completion of the

studies conducted under paragraph (1), a projection of the

overall costs associated with the formula set forth in subsection

(c) for all tribal elementary or secondary education programs

which the Secretary expects to be funded in the fiscal year

for which the appropriations are sought.

‘‘(7) DETERMINATION OF PROGRAM SIZE.—For purposes of

this subsection, the size of tribal elementary or secondary educational programs is determined by the aggregate direct cost

program funding level for all Bureau-funded programs which

share common administrative cost functions.

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out this section such sums as may be necessary.

115 STAT. 2038 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(2) REDUCTIONS.—If the total amount of funds necessary

to provide grants to tribes and tribal organizations in the

amounts determined under subsection (c) for a fiscal year

exceeds the amount of funds appropriated to carry out this

section for such fiscal year, the Secretary shall reduce the

amount of each grant determined under subsection (c) for such

fiscal year by an amount that bears the same relationship

to such excess as the amount of such grants determined under

subsection (c) bears to the total of all grants determined under

subsection (c) section for all tribes and tribal organizations

for such fiscal year.

‘‘(k) APPLICABILITY TO SCHOOLS OPERATING UNDER TRIBALLY

CONTROLLED SCHOOLS ACT OF 1988.—The provisions of this section

shall apply to schools operating under the Tribally Controlled

Schools Act of 1988. ‘‘(l) ADMINISTRATIVE COST GRANT BUDGET REQUESTS.— ‘‘(1) IN GENERAL.—Beginning with President’s annual

budget request under section 1105 of title 31, United States

Code for fiscal year 2002, and with respect to each succeeding

budget request, at the discretion of the Secretary, the Secretary

shall submit to the appropriate committees of Congress

information and funding requests for the full funding of

administrative costs grants required to be paid under this

section.

‘‘(2) REQUIREMENTS.—

‘‘(A) FUNDING FOR NEW CONVERSIONS TO CONTRACT OR

GRANT SCHOOL OPERATIONS.—With respect to a budget

request under paragraph (1), the amount required to provide full funding for an administrative cost grant for each

tribe or tribal organization expected to begin operation

of a Bureau-funded school as contract or grant school in

the academic year funded by such annual budget request,

the amount so required shall not be less than 10 percent

of the amount required for subparagraph (B).

‘‘(B) FUNDING FOR CONTINUING CONTRACT AND GRANT

SCHOOL OPERATIONS.—With respect to a budget request

under paragraph (1), the amount required to provide full

funding for an administrative cost grant for each tribe

or tribal organization operating a contract or grant school

at the time the annual budget request is submitted, which

amount shall include the amount of funds required to provide full funding for an administrative cost grant for each

tribe or tribal organization which began operation of a

contract or grant school with administrative cost grant

funds supplied from the amount described in subparagraph

(A).

‘‘SEC. 1129. DIVISION OF BUDGET ANALYSIS.

‘‘(a) ESTABLISHMENT.—Not later than 1 year after the date

of enactment of the Native American Education Improvement Act

of 2001, the Secretary shall establish within the Office of Indian

Education Programs a Division of Budget Analysis (hereafter in

this section referred to as the ‘Division’). Such Division shall be

under the direct supervision and control of the Director of the

Office.

‘‘(b) FUNCTIONS.—In consultation with the tribal governing

bodies and tribal school boards, the Director of the Office, through

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25 USC 2009.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2039

the Division, shall conduct studies, surveys, or other activities to

gather demographic information on Bureau-funded schools and

project the amount necessary to provide Indian students in such

schools the educational program set forth in this part.

‘‘(c) ANNUAL REPORTS.—Not later than the date on which the

Assistant Secretary for Indian Affairs makes the annual budget

submission, for each fiscal year after the date of enactment of

the Native American Education Improvement Act of 2001, the

Director of the Office shall submit to the appropriate committees

of Congress (including the Appropriations committees), all Bureaufunded schools, and the tribal governing bodies of such schools,

a report that contains—

‘‘(1) projections, based upon the information gathered

pursuant to subsection (b) and any other relevant information,

of amounts necessary to provide Indian students in Bureaufunded schools the educational program set forth in this part;

‘‘(2) a description of the methods and formulas used to

calculate the amounts projected pursuant to paragraph (1);

and

‘‘(3) such other information as the Director of the Office

considers appropriate.

‘‘(d) USE OF REPORTS.—The Director of the Office and the

Assistant Secretary for Indian Affairs shall use the annual report

required by subsection (c) when preparing annual budget submissions.

‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.

‘‘(a) ESTABLISHMENT OF SYSTEM AND FORWARD FUNDING.—

‘‘(1) IN GENERAL.—The Secretary shall establish, by regulation adopted in accordance with section 1136, a system for

the direct funding and support of all Bureau-funded schools.

Such system shall allot funds in accordance with section 1127.

All amounts appropriated for distribution in accordance with

this section shall be made available in accordance with paragraph (2).

‘‘(2) TIMING FOR USE OF FUNDS.—

‘‘(A) AVAILABILITY.—For the purposes of affording adequate notice of funding available pursuant to the allotments

made under section 1127 and the allotments of funds for

operation and maintenance of facilities, amounts appropriated in an appropriations Act for any fiscal year for

such allotments—

‘‘(i) shall become available for obligation by the

affected schools on July 1 of the fiscal year for which

such allotments are appropriated without further

action by the Secretary; and

‘‘(ii) shall remain available for obligation through

the succeeding fiscal year.

‘‘(B) PUBLICATIONS.—The Secretary shall, on the basis

of the amounts appropriated as described in this

paragraph—

‘‘(i) publish, not later than July 1 of the fiscal

year for which the amounts are appropriated, information indicating the amount of the allotments to be

made to each affected school under section 1127, of

80 percent of such appropriated amounts; and

Deadline.

Regulations.

25 USC 2010.

Deadline.

115 STAT. 2040 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) publish, not later than September 30 of such

fiscal year, information indicating the amount of the

allotments to be made under section 1127, from the

remaining 20 percent of such appropriated amounts,

adjusted to reflect the actual student attendance.

‘‘(C) OVERPAYMENTS.—Any overpayments made to

tribal schools shall be returned to the Secretary not later

than 30 days after the final determination that the school

was overpaid pursuant to this section.

‘‘(3) LIMITATION.—

‘‘(A) EXPENDITURES.—Notwithstanding any other provision of law (including a regulation), the supervisor of a

Bureau-operated school may expend an aggregate of not

more than $50,000 of the amount allotted to the school

under section 1127 to acquire materials, supplies, equipment, operation services, maintenance services, and other

services for the school, and amounts received as operations

and maintenance funds, funds received from the Department of Education, or funds received from other Federal

sources, without competitive bidding if—

‘‘(i) the cost for any single item acquired does

not exceed $15,000;

‘‘(ii) the school board approves the acquisition;

‘‘(iii) the supervisor certifies that the cost is fair

and reasonable;

‘‘(iv) the documents relating to the acquisition

executed by the supervisor of the school or other school

staff cite this paragraph as authority for the acquisition; and

‘‘(v) the acquisition transaction is documented in

a journal maintained at the school that clearly identifies when the transaction occurred, the item that was

acquired and from whom, the price paid, the quantities

acquired, and any other information the supervisor

or the school board considers to be relevant.

‘‘(B) NOTICE.—Not later than 6 months after the date

of enactment of the Native American Education Improvement Act of 2001, the Secretary shall send notice of the

provisions of this paragraph to each supervisor of a Bureau

school and associated school board chairperson, the education line officer of each agency and area, and the Bureau

division in charge of procurement, at both the local and

national levels.

‘‘(C) APPLICATION AND GUIDELINES.—The Director of

the Office shall be responsible for—

‘‘(i) determining the application of this paragraph,

including the authorization of specific individuals to

carry out this paragraph;

‘‘(ii) ensuring that there is at least one such individual at each Bureau facility; and

‘‘(iii) the provision of guidelines on the use of this

paragraph and adequate training on such guidelines.

‘‘(4) EFFECT OF SEQUESTRATION ORDER.—If a sequestration

order issued under the Balanced Budget and Emergency Deficit

Control Act of 1985 reduces the amount of funds available

for allotment under section 1127 for any fiscal year by more

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PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2041

than 7 percent of the amount of funds available for allotment

under such section during the preceding fiscal year—

‘‘(A) to fund allotments under section 1127, the Secretary, notwithstanding any other law, may use—

‘‘(i) funds appropriated for the operation of any

Bureau-funded school that is closed or consolidated;

and

‘‘(ii) funds appropriated for any program that has

been curtailed at any Bureau school; and

‘‘(B) the Secretary may waive the application of the

provisions of section 1121(h) with respect to the closure

or consolidation of a school, or the curtailment of a program

at a school, during such fiscal year if the funds described

in clauses (i) and (ii) of subparagraph (A) with respect

to such school are used to fund allotments made under

section 1127 for such fiscal year.

‘‘(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE OF FUNDS.—

‘‘(1) PLAN REQUIRED.—Each Bureau-operated school that

receives an allotment under section 1127 shall prepare a local

financial plan that specifies the manner in which the school

will expend the funds made available under the allotment

and ensures that the school will meet the accreditation requirements or standards for the school pursuant to section 1121.

‘‘(2) REQUIREMENT.—A local financial plan under paragraph

(1) shall comply with all applicable Federal and tribal laws.

‘‘(3) PREPARATION AND REVISION.—

‘‘(A) IN GENERAL.—The financial plan for a school under

subparagraph (A) shall be prepared by the supervisor of

the school in active consultation with the local school board

for the school.

‘‘(B) AUTHORITY OF SCHOOL BOARD.—The local school

board for each school shall have the authority to ratify,

reject, or amend such financial plan and, at the initiative

of the local school board or in response to the supervisor

of the school, to revise such financial plan to meet needs

not foreseen at the time of preparation of the financial

plan.

‘‘(4) ROLE OF SUPERVISOR.—The supervisor of the school—

‘‘(A) shall implement the decisions of the school board

relating to the financial plan under paragraph (1);

‘‘(B) shall provide the appropriate local union representative of the education employees of the school with

copies of proposed financial plans relating to the school

and all modifications and proposed modifications to the

plans, and at the same time submit such copies to the

local school board; and

‘‘(C) may appeal any such action of the local school

board to the appropriate education line officer of the Bureau

agency by filing a written statement describing the action

and the reasons the supervisor believes such action should

be overturned.

‘‘(5) STATEMENTS.—

‘‘(A) IN GENERAL.—A copy of each statement filed under

paragraph (4)(C) shall be submitted to the local school

board and such board shall be afforded an opportunity

to respond, in writing, to such appeal.

115 STAT. 2042 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) OVERTURNED ACTIONS.—After reviewing such written appeal and response, the appropriate education line

officer may, for good cause, overturn the action of the

local school board.

‘‘(C) TRANSMISSION OF DETERMINATION.—The appropriate education line officer shall transmit the determination of such appeal in the form of a written opinion to

such board and to such supervisor identifying the reasons

for overturning such action.

‘‘(c) TRIBAL DIVISION OF EDUCATION, SELF-DETERMINATION

GRANT AND CONTRACT FUNDS.—The Secretary may approve applications for funding tribal divisions of education and developing tribal

codes of education, from funds made available pursuant to section

103(a) of the Indian Self-Determination and Education Assistance

Act.

‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—In carrying out

this section, a local school board may request technical assistance

and training from the Secretary, and the Secretary shall, to the

maximum extent practicable, provide those services and make

appropriate provisions in the budget of the Office for the provision

of those services.

‘‘(e) SUMMER PROGRAM OF ACADEMIC AND SUPPORT SERVICES.—

‘‘(1) PLAN.—

‘‘(A) IN GENERAL.—A financial plan under subsection

(b) for a school may include, at the discretion of the local

administrator and the school board of such school, a provision for a summer program of academic and support services for students of the school.

‘‘(B) PREVENTION ACTIVITIES.—Any such program may

include activities related to the prevention of alcohol and

substance abuse.

‘‘(C) SUMMER USE.—The Assistant Secretary for Indian

Affairs shall provide for the use of any such school facility

during any summer in which such use is requested.

‘‘(2) USE OF OTHER FUNDS.—Notwithstanding any other

provision of law, funds authorized under the Act of April 16,

1934, and this Act may be used to augment the services provided in each summer program at the option, and under the

control, of the tribe or Indian controlled school receiving such

funds.

‘‘(3) TECHNICAL ASSISTANCE AND PROGRAM COORDINATION.—

The Assistant Secretary for Indian Affairs, acting through the

Director of the Office, shall—

‘‘(A) provide technical assistance and coordination for

any program described in paragraph (1); and

‘‘(B) to the extent practicable, encourage the coordination of such programs with any other summer programs

that might benefit Indian youth, regardless of the funding

source or administrative entity of any such program.

‘‘(f) COOPERATIVE AGREEMENTS.—

‘‘(1) IMPLEMENTATION.—

‘‘(A) IN GENERAL.—From funds allotted to a Bureau

school under section 1127, the Secretary shall, if specifically

requested by the appropriate tribal governing body, implement a cooperative agreement that is entered into between

the tribe, the Bureau, the local school board, and a local

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2043

public school district that meets the requirements of paragraph (2) and involves the school.

‘‘(B) TERMS.—The tribe, the Bureau, the school board,

and the local public school district shall determine the

terms of an agreement entered into under subparagraph

(A).

‘‘(2) COORDINATION PROVISIONS.—An agreement under

paragraph (1) may, with respect to the Bureau school and

schools in the school district involved, encompass coordination

of all or any part of the following:

‘‘(A) The academic program and curriculum, unless

the Bureau school is accredited by a State or regional

accrediting entity and would not continue to be so accredited if the agreement encompassed the program and curriculum.

‘‘(B) Support services, including procurement and facilities maintenance.

‘‘(C) Transportation.

‘‘(3) EQUAL BENEFIT AND BURDEN.—

‘‘(A) IN GENERAL.—Each agreement entered into under

paragraph (1) shall confer a benefit upon the Bureau school

commensurate with the burden assumed by the school.

‘‘(B) LIMITATION.—Subparagraph (A) shall not be construed to require equal expenditures, or an exchange of

similar services, by the Bureau school and schools in the

school district.

‘‘(g) PRODUCT OR RESULT OF STUDENT PROJECTS.—Notwithstanding any other provision of law, in a case in which there

is agreement on action between the superintendent and the school

board of a Bureau-funded school, the product or result of a project

conducted in whole or in major part by a student may be given

to that student upon the completion of such project.

‘‘(h) MATCHING FUND REQUIREMENTS.—

‘‘(1) NOT CONSIDERED FEDERAL FUNDS.—Notwithstanding

any other provision of law, funds received by a Bureau-funded

school under this title for education-related activities (not

including funds for construction, maintenance, and facilities

improvement or repair) shall not be considered Federal funds

for the purposes of a matching funds requirement for any

Federal program.

‘‘(2) LIMITATION.—In considering an application from a

Bureau-funded school for participation in a program or project

that requires matching funds, the entity administering such

program or project or awarding such grant shall not give positive or negative weight to such application based solely on

the provisions of paragraph (1).

‘‘SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.

‘‘(a) FACILITATION OF INDIAN CONTROL.—It shall be the policy

of the United States acting through the Secretary, in carrying

out the functions of the Bureau, to facilitate Indian control of

Indian affairs in all matters relating to education.

‘‘(b) CONSULTATION WITH TRIBES.—

‘‘(1) IN GENERAL.—All actions under this Act shall be done

with active consultation with tribes. The United States acting

through the Secretary and tribes shall work in a government25 USC 2011.

115 STAT. 2044 PUBLIC LAW 107–110—JAN. 8, 2002

to-government relationship to ensure quality education for all

tribal members. ‘‘(2) REQUIREMENTS.—

‘‘(A) DEFINITION OF CONSULTATION.—In this subsection,

the term ‘consultation’ means a process involving the open

discussion and joint deliberation of all options with respect

to potential issues or changes between the Bureau and

all interested parties. ‘‘(B) DISCUSSION AND JOINT DELIBERATION.—During

discussions and joint deliberations, interested parties

(including tribes and school officials) shall be given an

opportunity— ‘‘(i) to present issues (including proposals regarding

changes in current practices or programs) that will

be considered for future action by the Secretary; and ‘‘(ii) to participate and discuss the options presented, or to present alternatives, with the views and

concerns of the interested parties given effect unless

the Secretary determines, from information available

from or presented by the interested parties during

one or more of the discussions and deliberations, that

there is a substantial reason for another course of

action.

‘‘(C) EXPLANATION BY SECRETARY.—The Secretary shall

submit to any Member of Congress, within 18 days of

the receipt of a written request by such Member, a written

explanation of any decision made by the Secretary which

is not consistent with the views of the interested parties

described in subparagraph (B).

‘‘SEC. 1132. INDIAN EDUCATION PERSONNEL.

‘‘(a) IN GENERAL.—Chapter 51, subchapter III of chapter 53,

and chapter 63 of title 5, United States Code, relating to classification, pay and leave, respectively, and the sections of such title

relating to the appointment, promotion, hours of work, and removal

of civil service employees, shall not apply to educators or to education positions (as defined in subsection (p)).

‘‘(b) REGULATIONS.—Not later than 60 days after the date of

enactment of the Native American Education Improvement Act

of 2001, the Secretary shall prescribe regulations to carry out this

section. Such regulations shall provide for—

‘‘(1) the establishment of education positions;

‘‘(2) the establishment of qualifications for educators and

education personnel;

‘‘(3) the fixing of basic compensation for educators and

education positions;

‘‘(4) the appointment of educators;

‘‘(5) the discharge of educators;

‘‘(6) the entitlement of educators to compensation;

‘‘(7) the payment of compensation to educators;

‘‘(8) the conditions of employment of educators;

‘‘(9) the leave system for educators;

‘‘(10) the annual leave and sick leave for educators;

‘‘(11) the length of the school year applicable to education

positions described in subsection (a); and

‘‘(12) such additional matters as may be appropriate.

‘‘(c) QUALIFICATIONS OF EDUCATORS.—

Deadline.

25 USC 2012.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2045

‘‘(1) REQUIREMENTS.—In prescribing regulations to govern

the qualifications of educators, the Secretary shall require

that—

‘‘(A) lists of qualified and interviewed applicants for

education positions be maintained in each agency and area

office of the Bureau from among individuals who have

applied at the agency or area level for an education position

or who have applied at the national level and have

indicated in such application an interest in working in

certain areas or agencies;

‘‘(B) a local school board shall have the authority to

waive on a case-by-case basis, any formal education or

degree qualifications established by regulation pursuant

to subsection (b)(2), in order for a tribal member to be

hired in an education position to teach courses on tribal

culture and language and that subject to subsection (e)(2),

a determination by a school board that such a person

be hired shall be instituted by the supervisor of the school

involved; and

‘‘(C) that it shall not be a prerequisite to the employment of an individual in an education position at the local

level that—

‘‘(i) such individual’s name appear on a list maintained pursuant to subparagraph (A); or

‘‘(ii) such individual have applied at the national

level for an education position.

‘‘(2) EXCEPTION FOR CERTAIN TEMPORARY EMPLOYMENT.—

The Secretary may authorize the temporary employment in

an education position of an individual who has not met the

certification standards established pursuant to regulations if

the Secretary determines that failure to do so would result

in that position remaining vacant.

‘‘(d) HIRING OF EDUCATORS.—

‘‘(1) REQUIREMENTS.—In prescribing regulations to govern

the appointment of educators, the Secretary shall require—

‘‘(A)(i)(I) that educators employed in a Bureau school

(other than the supervisor of the school) shall be hired

by the supervisor of the school; and

‘‘(II) in a case in which there are no qualified applicants

available to fill a vacancy at a Bureau school, the supervisor

may consult a list maintained pursuant to subsection

(c)(1)(A);

‘‘(ii) each supervisor of a Bureau school shall be hired

by the education line officer of the agency office of the

Bureau for the jurisdiction in which the school is located;

‘‘(iii) each educator employed in an agency office of

the Bureau shall be hired by the superintendent for education of the agency office; and

‘‘(iv) each education line officer and educator employed

in the office of the Director of the Office shall be hired

by the Director;

‘‘(B)(i) before an individual is employed in an education

position in a Bureau school by the supervisor of the school

(or, with respect to the position of supervisor, by the appropriate agency education line officer), the local school board

for the school shall be consulted; and

115 STAT. 2046 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(ii) that a determination by such school board, as

evidenced by school board records, that such individual

should or should not be so employed shall be instituted

by the supervisor (or with respect to the position of supervisor, by the superintendent for education of the agency

office);

‘‘(C)(i) before an individual is employed in an education

position in an agency or area office of the Bureau, the

appropriate agency school board shall be consulted; and

‘‘(ii) a determination by such school board, as evidenced

by school board records, that such individual should or

should not be employed shall be instituted by the superintendent for education of the agency office; and

‘‘(D) all employment decisions or actions be in compliance with all applicable Federal, State, and tribal laws.

‘‘(2) INFORMATION REGARDING APPLICATION AT NATIONAL

LEVEL.—

‘‘(A) IN GENERAL.—Any individual who applies at the

local level for an education position shall state on such

individual’s application whether or not such individual has

applied at the national level for an education position in

the Bureau.

‘‘(B) DETERMINATION OF ACCURACY.—If such individual

is employed at the local level, such individual’s name shall

be immediately forwarded to the Secretary, who shall, as

soon as practicable but in no event in more than 30 days,

ascertain the accuracy of the statement made by such

individual pursuant to subparagraph (A).

‘‘(C) FALSE STATEMENTS.—Notwithstanding subsection

(e), if the individual’s statement is found to have been

false, such individual, at the Secretary’s discretion, may

be disciplined or discharged.

‘‘(D) CONDITIONAL APPOINTMENT FOR NATIONAL PROVISION.—If the individual has applied at the national level

for an education position in the Bureau, the appointment

of such individual at the local level shall be conditional

for a period of 90 days, during which period the Secretary

may appoint a more qualified individual (as determined

by the Secretary) from the list maintained at the national

level pursuant to subsection (c)(1)(A)(ii) to the position

to which such individual was appointed.

‘‘(3) STATUTORY CONSTRUCTION.—Except as expressly provided, nothing in this section shall be construed as conferring

upon local school boards authority over, or control of, educators

at Bureau-funded schools or the authority to issue management

decisions.

‘‘(4) APPEALS.—

‘‘(A) BY SUPERVISOR.—

‘‘(i) IN GENERAL.—The supervisor of a school may

appeal to the appropriate agency education line officer

any determination by the local school board for the

school that an individual be employed, or not be

employed, in an education position in the school (other

than that of supervisor) by filing a written statement

describing the determination and the reasons the

supervisor believes such determination should be overturned.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2047

‘‘(ii) ACTION BY BOARD.—A copy of such statement

shall be submitted to the local school board and such

board shall be afforded an opportunity to respond,

in writing, to such appeal.

‘‘(iii) OVERTURNING OF DETERMINATION.—After

reviewing such written appeal and response, the education line officer may, for good cause, overturn the

determination of the local school board. ‘‘(iv) TRANSMISSION OF DETERMINATION.—The education line officer shall transmit the determination of

such appeal in the form of a written opinion to such

board and to such supervisor identifying the reasons

for overturning such determination.

‘‘(B) BY EDUCATION LINE OFFICER.— ‘‘(i) IN GENERAL.—The education line officer of an

agency office of the Bureau may appeal to the Director

of the Office any determination by the local school

board for the school that an individual be employed,

or not be employed, as the supervisor of a school by

filing a written statement describing the determination

and the reasons the supervisor believes such determination should be overturned. ‘‘(ii) ACTION BY BOARD.—A copy of such statement

shall be submitted to the local school board and such

board shall be afforded an opportunity to respond,

in writing, to such appeal.

‘‘(iii) OVERTURNING OF DETERMINATION.—After

reviewing such written appeal and response, the

Director may, for good cause, overturn the determination of the local school board.

‘‘(iv) TRANSMISSION OF DETERMINATION.—The

Director shall transmit the determination of such

appeal in the form of a written opinion to such board

and to such education line officer identifying the reasons for overturning such determination. ‘‘(5) OTHER APPEALS.—

‘‘(A) IN GENERAL.—The education line officer of an

agency office of the Bureau may appeal to the Director

of the Office any determination by the agency school board

that an individual be employed, or not be employed, in

an education position in such agency office by filing a

written statement describing the determination and the

reasons the supervisor believes such determination should

be overturned.

‘‘(B) ACTION BY BOARD.—A copy of such statement shall

be submitted to the agency school board and such board

shall be afforded an opportunity to respond, in writing,

to such appeal.

‘‘(C) OVERTURNING OF DETERMINATION.—After

reviewing such written appeal and response, the Director

may, for good cause, overturn the determination of the

agency school board.

‘‘(D) TRANSMISSION OF DETERMINATION.—The Director

shall transmit the determination of such appeal in the

form of a written opinion to such board and to such education line officer identifying the reasons for overturning

such determination.

115 STAT. 2048 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(e) DISCHARGE AND CONDITIONS OF EMPLOYMENT OF EDU- CATORS.—

‘‘(1) REGULATIONS.—In promulgating regulations to govern

the discharge and conditions of employment of educators, the

Secretary shall require— ‘‘(A) that procedures shall be established for the rapid

and equitable resolution of grievances of educators; ‘‘(B) that no educator may be discharged without notice

of the reasons for the discharge and an opportunity for

a hearing under procedures that comport with the requirements of due process; and ‘‘(C) that each educator employed in a Bureau school

shall be notified 30 days prior to the end of an academic

year whether the employment contract of the individual

will be renewed for the following year.

‘‘(2) PROCEDURES FOR DISCHARGE.— ‘‘(A) DETERMINATIONS.—

‘‘(i) IN GENERAL.—Except as provided in clause

(iii), the supervisor of a Bureau school may discharge

(subject to procedures established under paragraph

(1)(B)) for cause (as determined under regulations prescribed by the Secretary) any educator employed in

such school.

‘‘(ii) NOTIFICATION OF BOARD.—On giving notice

to an educator of the supervisor’s intention to discharge

the educator, the supervisor shall immediately notify

the local school board of the proposed discharge.

‘‘(iii) DETERMINATION BY BOARD.—If the local school

board determines that such educator shall not be discharged, that determination shall be followed by the

supervisor.

‘‘(B) APPEALS.—

‘‘(i) IN GENERAL.—The supervisor shall have the

right to appeal to the education line officer of the

appropriate agency office of the Bureau a determination by a local school board under subparagraph (A)(iii),

as evidenced by school board records, not to discharge

an educator.

‘‘(ii) DECISION OF AGENCY EDUCATION LINE

OFFICER.—Upon hearing such an appeal, the agency

education line officer may, for good cause, issue a decision overturning the determination of the local school

board with respect to the employment of such individual.

‘‘(iii) FORM OF DECISION.—The education line

officer shall make the decision in writing and submit

the decision to the local school board.

‘‘(3) RECOMMENDATIONS OF SCHOOL BOARDS FOR DISCHARGE.—Each local school board for a Bureau school shall

have the right—

‘‘(A) to recommend to the supervisor that an educator

employed in the school be discharged; and

‘‘(B) to recommend to the education line officer of the

appropriate agency office of the Bureau and to the Director

of the Office, that the supervisor of the school be discharged.

‘‘(f) APPLICABILITY OF INDIAN PREFERENCE LAWS.—

Deadline.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2049

‘‘(1) APPLICABILITY.— ‘‘(A) IN GENERAL.—Notwithstanding any provision of

the Indian preference laws, such laws shall not apply in

the case of any personnel action carried out under this

section with respect to an applicant or employee not entitled to an Indian preference if each tribal organization

concerned—

‘‘(i) grants a written waiver of the application of

those laws with respect to the personnel action; and

‘‘(ii) states that the waiver is necessary.

‘‘(B) NO EFFECT ON RESPONSIBILITY OF BUREAU.—This

paragraph shall not be construed to relieve the responsibility of the Bureau to issue timely and adequate announcements and advertisements concerning any such personnel

action if such action is intended to fill a vacancy (no matter

how such vacancy is created).

‘‘(2) DEFINITIONS.—In this subsection:

‘‘(A) INDIAN PREFERENCE LAWS.—

‘‘(i) IN GENERAL.—The term ‘Indian preference

laws’ means section 12 of the Act of June 18, 1934

(48 Stat. 986, chapter 576) or any other provision of

law granting a preference to Indians in promotions

and other personnel actions.

‘‘(ii) EXCLUSION.—The term ‘Indian preference

laws’ does not include section 7(b) of the Indian SelfDetermination and Education Assistance Act.

‘‘(B) TRIBAL ORGANIZATION.—The term ‘tribal organization’ means—

‘‘(i) the recognized governing body of any Indian

tribe, band, nation, pueblo, or other organized community, including a Native village (as defined in section

3(c) of the Alaska Native Claims Settlement Act); or

‘‘(ii) in connection with any personnel action

referred to in this subsection, any local school board

to which the governing body has delegated the

authority to grant a waiver under this subsection with

respect to a personnel action.

‘‘(g) COMPENSATION OR ANNUAL SALARY.—

‘‘(1) IN GENERAL.—

‘‘(A) COMPENSATION FOR EDUCATORS AND EDUCATION

POSITIONS.—Except as otherwise provided in this section,

the Secretary shall establish the compensation or annual

salary rate for educators and education positions—

‘‘(i) at rates in effect under the General Schedule

for individuals with comparable qualifications, and

holding comparable positions, to whom chapter 51 of

title 5, United States Code, is applicable; or

‘‘(ii) on the basis of the Federal Wage System

schedule in effect for the locality involved, and for

the comparable positions, at the rates of compensation

in effect for the senior executive service.

‘‘(B) COMPENSATION OR SALARY FOR TEACHERS AND

COUNSELORS.—

‘‘(i) IN GENERAL.—The Secretary shall establish the

rate of compensation, or annual salary rate, for the

positions of teachers and counselors (including dormitory counselors and home-living counselors) at the

115 STAT. 2050 PUBLIC LAW 107–110—JAN. 8, 2002

rate of compensation applicable (on the date of enactment of the Native American Education Improvement

Act of 2001 and thereafter) for comparable positions

in the overseas schools under the Defense Department

Overseas Teachers Pay and Personnel Practices Act.

‘‘(ii) ESSENTIAL PROVISIONS.—The Secretary shall

allow the local school boards involved authority to

implement only the aspects of the Defense Department

Overseas Teachers Pay and Personnel Practices Act

pay provisions that are considered essential for recruitment and retention of teachers and counselors.

Implementation of such provisions shall not be construed to require the implementation of that entire

Act.

‘‘(C) RATES FOR NEW HIRES.— ‘‘(i) IN GENERAL.—Beginning with the first fiscal

year following the date of enactment of the Native

American Education Improvement Act of 2001, each

local school board of a Bureau school may establish

a rate of compensation or annual salary rate described

in clause (ii) for teachers and counselors (including

academic counselors) who are new hires at the school

and who had not worked at the school, as of the first

day of such fiscal year. ‘‘(ii) CONSISTENT RATES.—The rates established

under clause (i) shall be consistent with the rates

paid for individuals in the same positions, with the

same tenure and training, as the teachers and counselors, in any other school within whose boundaries

the Bureau school is located.

‘‘(iii) DECREASES.—In a case in which the establishment of rates under clause (i) causes a reduction in

compensation at a school from the rate of compensation

that was in effect for the first fiscal year following

the date of enactment of the Native American Education Improvement Act of 2001, the new rates of compensation may be applied to the compensation of

employees of the school who worked at the school as

of such date of enactment by applying those rates

at each contract renewal for the employees so that

the reduction takes effect in three equal installments.

‘‘(iv) INCREASES.—In a case in which adoption of

rates under clause (i) leads to an increase in the payment of compensation from that which was in effect

for the fiscal year following the date of enactment

of the Native American Education Improvement Act

of 2001, the school board may make such rates

applicable at the next contract renewal such that—

‘‘(I) the increase occurs in its entirety; or

‘‘(II) the increase is applied in three equal

installments.

‘‘(D) USE OF REGULATIONS; CONTINUED EMPLOYMENT

OF CERTAIN EDUCATORS.—The establishment of rates of

basic compensation and annual salary rates under subparagraphs (B) and (C) shall not—

‘‘(i) preclude the use of regulations and procedures

used by the Bureau prior to April 28, 1988, in making

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2051

determinations regarding promotions and advancements through levels of pay that are based on the

merit, education, experience, or tenure of the educator;

or

‘‘(ii) affect the continued employment or compensation of an educator who was employed in an education

position on October 31, 1979, and who did not make

an election under subsection (p) as in effect on January

1, 1990.

‘‘(2) POST DIFFERENTIAL RATES.—

‘‘(A) IN GENERAL.—The Secretary may pay a post differential rate, not to exceed 25 percent of the rate of compensation, for educators or education positions, on the basis

of conditions of environment or work that warrant additional pay, as a recruitment and retention incentive.

‘‘(B) SUPERVISOR’S AUTHORITY.—

‘‘(i) IN GENERAL.—Except as provided in clause

(ii), on the request of the supervisor and the local

school board of a Bureau school, the Secretary shall

grant the supervisor of the school authorization to

provide one or more post differential rates under

subparagraph (A).

‘‘(ii) EXCEPTION.—The Secretary shall disapprove,

or approve with a modification, a request for authorization to provide a post differential rate if the Secretary

determines for clear and convincing reasons (and

advises the board in writing of those reasons) that

the rate should be disapproved or decreased because

the disparity of compensation between the appropriate

educators or positions in the Bureau school, and the

comparable educators or positions at the nearest public

school, is—

‘‘(I)(aa) at least 5 percent; or

‘‘(bb) less than 5 percent; and

‘‘(II) does not affect the recruitment or retention of employees at the school.

‘‘(iii) APPROVAL OF REQUESTS.—A request made

under clause (i) shall be considered to be approved

at the end of the 60th day after the request is received

in the Central Office of the Bureau unless before that

time the request is approved, approved with a modification, or disapproved by the Secretary.

‘‘(iv) DISCONTINUATION OF OR DECREASE IN

RATES.—The Secretary or the supervisor of a Bureau

school may discontinue or decrease a post differential

rate provided for under this paragraph at the beginning

of an academic year if—

‘‘(I) the local school board requests that such

differential be discontinued or decreased; or

‘‘(II) the Secretary or the supervisor, respectively, determines for clear and convincing reasons

(and advises the board in writing of those reasons)

that there is no disparity of compensation that

would affect the recruitment or retention of

employees at the school after the differential is

discontinued or decreased.

115 STAT. 2052 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(v) REPORTS.—On or before February 1 of each

year, the Secretary shall submit to Congress a report

describing the requests and approvals of authorization

made under this paragraph during the previous year

and listing the positions receiving post differential

rates under contracts entered into under those

authorizations.

‘‘(h) LIQUIDATION OF REMAINING LEAVE UPON TERMINATION.— Upon termination of employment with the Bureau, any annual

leave remaining to the credit of an individual covered by this

section shall be liquidated in accordance with sections 5551(a) and

6306 of title 5, United States Code, except that leave earned or

accrued under regulations promulgated pursuant to subsection

(b)(10) shall not be so liquidated. ‘‘(i) TRANSFER OF REMAINING SICK LEAVE UPON TRANSFER, PRO- MOTION, OR REEMPLOYMENT.—In the case of any educator who

is transferred, promoted, or reappointed, without break in service,

to a position in the Federal Government under a different leave

system, any remaining leave to the credit of such person earned

or credited under the regulations promulgated pursuant to subsection (b)(10) shall be transferred to such person’s credit in the

employing agency on an adjusted basis in accordance with regulations which shall be promulgated by the Office of Personnel Management.‘‘(j) INELIGIBILITY FOR EMPLOYMENT OF VOLUNTARILY TERMINATED EDUCATORS.—An educator who voluntarily terminates

employment with the Bureau before the expiration of the existing

employment contract between such educator and the Bureau shall

not be eligible to be employed in another education position in

the Bureau during the remainder of the term of such contract.

‘‘(k) DUAL COMPENSATION.—In the case of any educator

employed in an education position described in subsection (l)(1)(A)

who—

‘‘(1) is employed at the close of a school year;

‘‘(2) agrees in writing to serve in such position for the

next school year; and

‘‘(3) is employed in another position during the recess period

immediately preceding such next school year, or during such

recess period receives additional compensation referred to in

section 5533 of title 5, United States Code, relating to dual

compensation,

shall not apply to such educator by reason of any such employment

during a recess period for any receipt of additional compensation.

‘‘(l) VOLUNTARY SERVICES.—

‘‘(1) IN GENERAL.—Notwithstanding section 1342 of title

31, United States Code, the Secretary may, subject to the

approval of the local school board concerned, accept voluntary

services on behalf of Bureau schools.

‘‘(2) FEDERAL EMPLOYEE PROTECTION.—Nothing in this part

requires Federal employees to work without compensation or

allows the use of volunteer services to displace or replace Federal employees.

‘‘(3) FEDERAL STATUS.—An individual providing volunteer

services under this section is a Federal employee only for purposes of chapter 81 of title 5, United States Code, and chapter

171 of title 28, United States Code.

‘‘(m) PRORATION OF PAY.—

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2053

‘‘(1) ELECTION OF EMPLOYEE.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, including laws relating to dual compensation,

the Secretary, at the election of the employee, shall prorate

the salary of an employee employed in an education position

for the academic school year over the entire 12-month

period.

‘‘(B) ELECTION.—Each educator employed for the academic school year shall annually elect to be paid on a

12-month basis or for those months while school is in

session.

‘‘(C) NO LOSS OF PAY OR BENEFITS.—No educator shall

suffer a loss of pay or benefits, including benefits under

unemployment or other Federal or federally assisted programs, because of such election.

‘‘(2) CHANGE OF ELECTION.—During the course of such year

the employee may change election once.

‘‘(3) LUMP SUM PAYMENT.—That portion of the employee’s

pay which would be paid between academic school years may

be paid in a lump sum at the election of the employee.

‘‘(4) NONAPPLICABILITY.—This subsection applies to those

individuals employed under the provisions of section 1132 of

this title or title 5, United States Code.

‘‘(5) DEFINITIONS.—For purposes of this subsection, the

terms ‘educator’ and ‘education position’ have the meanings

contained in paragraphs (1) and (2) of subsection (o).

‘‘(n) EXTRACURRICULAR ACTIVITIES.—

‘‘(1) STIPEND.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may provide, for each Bureau

area, a stipend in lieu of overtime premium pay or compensatory time off.

‘‘(B) PROVISION TO EMPLOYEES.—Any employee of the

Bureau who performs additional activities to provide services to students or otherwise support the school’s academic

and social programs may elect to be compensated for all

such work on the basis of the stipend.

‘‘(C) NATURE OF STIPEND.—Such stipend shall be paid

as a supplement to the employee’s base pay.

‘‘(2) ELECTION NOT TO RECEIVE STIPEND.—If an employee

elects not to be compensated through the stipend established

by this subsection, the appropriate provisions of title 5, United

States Code, shall apply.

‘‘(3) APPLICABILITY OF SUBSECTION.—This subsection

applies to all Bureau employees, regardless of whether the

employee is employed under section 1132 of this title or title

5, United States Code.

‘‘(o) DEFINITIONS.—In this section:

‘‘(1) EDUCATION POSITION.—The term ‘education position’

means a position in the Bureau the duties and responsibilities

of which—

‘‘(A)(i) are performed on a school year basis principally

in a Bureau school; and

‘‘(ii) involve—

‘‘(I) classroom or other instruction or the supervision or direction of classroom or other instruction;

115 STAT. 2054 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(II) any activity (other than teaching) which

requires academic credits in educational theory and

practice equal to the academic credits in educational

theory and practice required for a bachelor’s degree

in education from an accredited institution of higher

education;

‘‘(III) any activity in or related to the field of

education notwithstanding that academic credits in

educational theory and practice are not a formal

requirement for the conduct of such activity; or

‘‘(IV) support services at, or associated with, the

site of the school; or

‘‘(B) are performed at the agency level of the Bureau

and involve the implementation of education-related programs other than the position for agency superintendent

for education.

‘‘(2) EDUCATOR.—The term ‘educator’ means an individual

whose services are required, or who is employed, in an education position.

‘‘(p) COVERED INDIVIDUALS; ELECTION.—This section shall apply

with respect to any educator hired after November 1, 1979 (and

to any educator who elected for coverage under that provision

after November 1, 1979) and to the position in which such individual

is employed. The enactment of this section shall not affect the

continued employment of an individual employed on October 31,

1979, in an education position, or such person’s right to receive

the compensation attached to such position.

‘‘(q) FURLOUGH WITHOUT CONSENT.—

‘‘(1) IN GENERAL.—An educator who was employed in an

education position on October 31, 1979, who was eligible to

make an election under subsection (p) at that time, and who

did not make the election under such subsection, may not

be placed on furlough (within the meaning of section 7511(a)(5)

of title 5, United States Code, without the consent of such

educator for an aggregate of more than 4 weeks within the

same calendar year, unless—

‘‘(A) the supervisor, with the approval of the local

school board (or of the education line officer upon appeal

under paragraph (2)), of the Bureau school at which such

educator provides services determines that a longer period

of furlough is necessary due to an insufficient amount

of funds available for personnel compensation at such

school, as determined under the financial plan process as

determined under section 1129(b); and

‘‘(B) all educators (other than principals and clerical

employees) providing services at such Bureau school are

placed on furloughs of equal length, except that the supervisor, with the approval of the local school board (or of

the agency education line officer upon appeal under paragraph (2)), may continue one or more educators in pay

status if—

‘‘(i) such educators are needed to operate summer

programs, attend summer training sessions, or participate in special activities including curriculum development committees; and

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2055

‘‘(ii) such educators are selected based upon such

educator’s qualifications after public notice of the minimum qualifications reasonably necessary and without

discrimination as to supervisory, nonsupervisory, or

other status of the educators who apply.

‘‘(2) APPEALS.—The supervisor of a Bureau school may

appeal to the appropriate agency education line officer any

refusal by the local school board to approve any determination

of the supervisor that is described in paragraph (1)(A) by filing

a written statement describing the determination and the reasons the supervisor believes such determination should be

approved. A copy of such statement shall be submitted to the

local school board and such board shall be afforded an opportunity to respond, in writing, to such appeal. After reviewing

such written appeal and response, the education line officer

may, for good cause, approve the determination of the supervisor. The educational line officer shall transmit the determination of such appeal in the form of a written opinion to such

local school board and to the supervisor identifying the reasons

for approving such determination.

‘‘(r) STIPENDS.—The Secretary is authorized to provide annual

stipends to teachers who become certified by the National Board

of Professional Teaching Standards, the National Council on

Teacher Quality, or other nationally recognized certification or

credentialing organizations.

‘‘SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION SYSTEM.

‘‘(a) IN GENERAL.—Not later than 12 months after the date

of enactment of the Native American Education Improvement Act

of 2001, the Secretary shall update the computerized management

information system within the Office. The information to be updated

shall include information regarding—

‘‘(1) student enrollment;

‘‘(2) curricula;

‘‘(3) staffing;

‘‘(4) facilities;

‘‘(5) community demographics;

‘‘(6) student assessment information;

‘‘(7) information on the administrative and program costs

attributable to each Bureau program, divided into discrete elements;

‘‘(8) relevant reports;

‘‘(9) personnel records;

‘‘(10) finance and payroll; and

‘‘(11) such other items as the Secretary determines to be

appropriate.

‘‘(b) IMPLEMENTATION OF SYSTEM.—Not later than July 1, 2003,

the Secretary shall complete the implementation of the updated

computerized management information system at each Bureau field

office and Bureau-funded school.

‘‘SEC. 1134. RECRUITMENT OF INDIAN EDUCATORS.

‘‘The Secretary shall institute a policy for the recruitment of

qualified Indian educators and a detailed plan to promote employees

from within the Bureau. Such plan shall include opportunities

for acquiring work experience prior to actual work assignment.

25 USC 2014.

Deadline.

Deadline.

25 USC 2013.

115 STAT. 2056 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 1135. ANNUAL REPORT; AUDITS.

‘‘(a) ANNUAL REPORTS.—The Secretary shall submit to each

appropriate committee of Congress, all Bureau-funded schools, and

the tribal governing bodies of such schools, a detailed annual report

on the state of education within the Bureau, and any problems

encountered in Indian education during the period covered by the

report, that includes—

‘‘(1) suggestions for the improvement of the Bureau educational system and for increasing tribal or local Indian control

of such system; and

‘‘(2) information on the status of tribally controlled community colleges.

‘‘(b) BUDGET REQUEST.—The annual budget request for the

education programs of the Bureau, as submitted as part of the

President’s next annual budget request under section 1105 of title

31, United States Code, shall include the plans required by sections

1121(c), 1122(c), and 1124(c).

‘‘(c) FINANCIAL AND COMPLIANCE AUDITS.—The Inspector General of the Department of the Interior shall establish a system

to ensure that financial and compliance audits, based upon the

extent to which a school described in subsection (a) has complied

with the local financial plan under section 1130, are conducted

of each Bureau-operated school at least once every 3 years.

‘‘(d) ADMINISTRATIVE EVALUATION OF SCHOOLS.—The Director

shall, at least once every 3 to 5 years, conduct a comprehensive

evaluation of Bureau-operated schools. Such evaluation shall be

in addition to any other program review or evaluation that may

be required under Federal law.

‘‘SEC. 1136. RIGHTS OF INDIAN STUDENTS.

‘‘The Secretary shall prescribe such rules and regulations as

are necessary to ensure the constitutional and civil rights of Indian

students attending Bureau-funded schools, including such students’

rights to—

‘‘(1) privacy under the laws of the United States;

‘‘(2) freedom of religion and expression; and

‘‘(3) due process in connection with disciplinary actions,

suspensions, and expulsions.

‘‘SEC. 1137. REGULATIONS.

‘‘(a) PROMULGATION.—

‘‘(1) IN GENERAL.—The Secretary may promulgate only such

regulations—

‘‘(A) as are necessary to ensure compliance with the

specific provisions of this part; and

‘‘(B) as the Secretary is authorized to promulgate

pursuant to section 5211 of the Tribally Controlled Schools

Act of 1988 (25 U.S.C. 2510).

‘‘(2) PUBLICATION.—In promulgating the regulations, the

Secretary shall—

‘‘(A) publish proposed regulations in the Federal Register; and

‘‘(B) provide a period of not less than 120 days for

public comment and consultation on the regulations.

‘‘(3) CITATION.—The regulations shall contain, immediately

following each regulatory section, a citation to any statutory

Deadline.

Federal Register,

publication.

25 USC 2017.

Regulations.

25 USC 2016.

25 USC 2015.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2057

provision providing authority to promulgate such regulatory

section.

‘‘(b) MISCELLANEOUS.—The provisions of this Act shall supersede any conflicting provisions of law (including any conflicting

regulations) in effect on the day before the date of enactment

of this Act and the Secretary is authorized to repeal any regulation

inconsistent with the provisions of this Act.

‘‘SEC. 1138. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.

‘‘(a) REGIONAL MEETINGS.—Prior to publishing any proposed

regulations under subsection (b)(1), and prior to establishing the

negotiated rulemaking committee under subsection (b)(3), the Secretary shall convene regional meetings to consult with personnel

of the Office of Indian Education Programs, educators at Bureau

schools, and tribal officials, parents, teachers, administrators, and

school board members of tribes served by Bureau-funded schools

to provide guidance to the Secretary on the content of regulations

authorized to be promulgated under this part and the Tribally

Controlled Schools Act of 1988.

‘‘(b) NEGOTIATED RULEMAKING.—

‘‘(1) IN GENERAL.—Notwithstanding sections 563(a) and

565(a) of title 5, United States Code, the Secretary shall promulgate regulations authorized under subsection (a) and under

the Tribally Controlled Schools Act of 1988, in accordance with

the negotiated rulemaking procedures provided for under subchapter III of chapter 5 of title 5, United States Code, and

shall publish final regulations in the Federal Register.

‘‘(2) NOTIFICATION TO CONGRESS.—If draft regulations

implementing this part and the Tribally Controlled Schools

Act of 1988 are not promulgated in final form within 18 months

after the date of enactment of the Native American Education

Improvement Act of 2001, the Secretary shall notify the appropriate committees of Congress of which draft regulations were

not promulgated in final form by the deadline and the reason

such final regulations were not promulgated.

‘‘(3) RULEMAKING COMMITTEE.—The Secretary shall establish a negotiated rulemaking committee to carry out this subsection. In establishing such committee, the Secretary shall—

‘‘(A) apply the procedures provided for under subchapter III of chapter 5 of title 5, United States Code,

in a manner that reflects the unique government-to-government relationship between Indian tribes and the United

States;

‘‘(B) ensure that the membership of the committee

includes only representatives of the Federal Government

and of tribes served by Bureau-funded schools;

‘‘(C) select the tribal representatives of the committee

from among individuals nominated by the representatives

of the tribal and tribally operated schools;

‘‘(D) ensure, to the maximum extent possible, that the

tribal representative membership on the committee reflects

the proportionate share of students from tribes served by

the Bureau-funded school system; and

‘‘(E) comply with the Federal Advisory Committee Act

(5 U.S.C. App.).

Federal Register,

publication.

25 USC 2018.

115 STAT. 2058 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(4) SPECIAL RULE.—The Secretary shall carry out this

section using the general administrative funds of the Department of the Interior. In accordance with subchapter III of

chapter 5 of title 5, United States Code, and section 7(d) of

the Federal Advisory Committee Act, payment of costs associated with negotiated rulemaking shall include the reasonable

expenses of committee members.

‘‘(c) APPLICATION OF SECTION.—

‘‘(1) SUPREMACY OF PROVISIONS.—The provisions of this

section shall supersede any conflicting regulations in effect

on the day before the date of enactment of this part, and

the Secretary may repeal any regulation that is inconsistent

with the provisions of this part.

‘‘(2) MODIFICATIONS.—The Secretary may modify regulations promulgated under this section or the Tribally Controlled

Schools Act of 1988, only in accordance with this section.

‘‘SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.

‘‘(a) IN GENERAL.—The Secretary shall provide grants to tribes,

tribal organizations, and consortia of tribes and tribal organizations

to fund early childhood development programs that are operated

by such tribes, organizations, or consortia.

‘‘(b) AMOUNT OF GRANTS.—

‘‘(1) IN GENERAL.—The total amount of the grants provided

under subsection (a) with respect to each tribe, tribal organization, or consortium of tribes or tribal organizations for each

fiscal year shall be equal to the amount which bears the same

relationship to the total amount appropriated under the

authority of subsection (g) for such fiscal year (less amounts

provided under subsection (f)) as—

‘‘(A) the total number of children under 6 years of age

who are members of—

‘‘(i) such tribe;

‘‘(ii) the tribe that authorized such tribal organization; or

‘‘(iii) any tribe that—

‘‘(I) is a member of such consortium; or

‘‘(II) authorizes any tribal organization that

is a member of such consortium; bears to

‘‘(B) the total number of all children under 6 years

of age who are members of any tribe that—

‘‘(i) is eligible to receive funds under subsection

(a);

‘‘(ii) is a member of a consortium that is eligible

to receive such funds; or

‘‘(iii) authorizes a tribal organization that is

eligible to receive such funds.

‘‘(2) LIMITATION.—No grant may be provided under subsection (a)—

‘‘(A) to any tribe that has less than 500 members;

‘‘(B) to any tribal organization which is authorized—

‘‘(i) by only one tribe that has less than 500 members; or

‘‘(ii) by one or more tribes that have a combined

total membership of less than 500 members; or

25 USC 2019.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2059

‘‘(C) to any consortium composed of tribes, or tribal

organizations authorized by tribes, that have a combined

total tribal membership of less than 500 members.

‘‘(c) APPLICATION.—

‘‘(1) IN GENERAL.—A grant may be provided under subsection (a) to a tribe, tribal organization, or consortium of

tribes and tribal organizations only if the tribe, organization,

or consortium submits to the Secretary an application for the

grant at such time and in such form as the Secretary shall

prescribe.

‘‘(2) CONTENTS.—Applications submitted under paragraph

(1) shall set forth the early childhood development program

that the applicant desires to operate.

‘‘(d) REQUIREMENT OF PROGRAMS FUNDED.—The early childhood

development programs that are funded by grants provided under

subsection (a)—

‘‘(1) shall coordinate existing programs and may provide

services that meet identified needs of parents and children

under 6 years of age which are not being met by existing

programs, including—

‘‘(A) prenatal care;

‘‘(B) nutrition education;

‘‘(C) health education and screening;

‘‘(D) family literacy services;

‘‘(E) educational testing; and

‘‘(F) other educational services;

‘‘(2) may include instruction in the language, art, and culture of the tribe; and

‘‘(3) shall provide for periodic assessment of the program.

‘‘(e) COORDINATION OF FAMILY LITERACY PROGRAMS.—Family

literacy programs operated under this section and other family

literacy programs operated by the Bureau of Indian Affairs shall

be coordinated with family literacy programs for Indian children

under part B of title I of the Elementary and Secondary Education

Act of 1965 in order to avoid duplication and to encourage the

dissemination of information on quality family literacy programs

serving Indians.

‘‘(f) ADMINISTRATIVE COSTS.—The Secretary shall, out of funds

appropriated under subsection (g), include in the grants provided

under subsection (a) amounts for administrative costs incurred by

the tribe, tribal organization, or consortium of tribes in establishing

and maintaining the early childhood development program.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary.

‘‘SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDUCATION.

‘‘(a) IN GENERAL.—Subject to the availability of appropriations,

the Secretary shall make grants and provide technical assistance

to tribes for the development and operation of tribal departments

or divisions of education for the purpose of planning and coordinating all educational programs of the tribe.

‘‘(b) APPLICATIONS.—For a tribe to be eligible to receive a grant

under this section, the governing body of the tribe shall submit

an application to the Secretary at such time, in such manner,

and containing such information as the Secretary may require.

25 USC 2020.

115 STAT. 2060 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(c) DIVERSITY.—The Secretary shall award grants under this

section in a manner that fosters geographic and population diversity.‘‘(d) USE.—Tribes that receive grants under this section shall

use the funds made available through the grants— ‘‘(1) to facilitate tribal control in all matters relating to

the education of Indian children on reservations (and on former

Indian reservations in Oklahoma); ‘‘(2) to provide for the development of coordinated educational programs (including all preschool, elementary, secondary, and higher or vocational educational programs funded

by tribal, Federal, or other sources) on reservations (and on

former Indian reservations in Oklahoma) by encouraging tribal

administrative support of all Bureau-funded educational programs as well as encouraging tribal cooperation and coordination with entities carrying out all educational programs

receiving financial support from other Federal agencies, State

agencies, or private entities; and ‘‘(3) to provide for the development and enforcement of

tribal educational codes, including tribal educational policies

and tribal standards applicable to curriculum, personnel, students, facilities, and support programs.

‘‘(e) PRIORITIES.—In making grants under this section, the Secretary shall give priority to any application that—

‘‘(1) includes—

‘‘(A) assurances that the applicant serves three or more

separate Bureau-funded schools; and

‘‘(B) assurances from the applicant that the tribal

department of education to be funded under this section

will provide coordinating services and technical assistance

to all of such schools;

‘‘(2) includes assurances that all education programs for

which funds are provided by such a contract or grant will

be monitored and audited, by or through the tribal department

of education, to ensure that the programs meet the requirements of law; and

‘‘(3) provides a plan and schedule that—

‘‘(A) provides for—

‘‘(i) the assumption, by the tribal department of

education, of all assets and functions of the Bureau

agency office associated with the tribe, to the extent

the assets and functions relate to education; and

‘‘(ii) the termination by the Bureau of such functions and office at the time of such assumption; and

‘‘(B) provides that the assumption shall occur over

the term of the grant made under this section, except

that, when mutually agreeable to the tribal governing body

and the Assistant Secretary, the period in which such

assumption is to occur may be modified, reduced, or

extended after the initial year of the grant.

‘‘(f) TIME PERIOD OF GRANT.—Subject to the availability of

appropriated funds, a grant provided under this section shall be

provided for a period of 3 years. If the performance of the grant

recipient is satisfactory to the Secretary, the grant may be renewed

for additional 3-year terms.

‘‘(g) TERMS, CONDITIONS, OR REQUIREMENTS.—A tribe that

receives a grant under this section shall comply with regulations

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2061

relating to grants made under section 103(a) of the Indian SelfDetermination and Education Assistance Act that are in effect

on the date that the tribal governing body submits the application

for the grant under subsection (b). The Secretary shall not impose

any terms, conditions, or requirements on the provision of grants

under this section that are not specified in this section.

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $2,000,000.

‘‘SEC. 1141. DEFINITIONS.

‘‘For the purposes of this part, unless otherwise specified: ‘‘(1) AGENCY SCHOOL BOARD.—The term ‘agency school

board’ means a body— ‘‘(A) the members of which are appointed by all of

the school boards of the schools located within an agency,

including schools operated under contract or grant; and ‘‘(B) the number of such members is determined by

the Secretary, in consultation with the affected tribes;

except that, in agencies serving a single school, the school

board of such school shall fulfill these duties, and in agencies

having schools or a school operated under contract or grant,

one such member at least shall be from such a school. ‘‘(2) BUREAU.—The term ‘Bureau’ means the Bureau of

Indian Affairs of the Department of the Interior.

‘‘(3) BUREAU-FUNDED SCHOOL.—The term ‘Bureau-funded

school’ means—

‘‘(A) a Bureau school;

‘‘(B) a contract or grant school; or

‘‘(C) a school for which assistance is provided under

the Tribally Controlled Schools Act of 1988.

‘‘(4) BUREAU SCHOOL.—The term ‘Bureau school’ means

a Bureau-operated elementary or secondary day or boarding

school or a Bureau-operated dormitory for students attending

a school other than a Bureau school.

‘‘(5) COMPLEMENTARY EDUCATIONAL FACILITIES.—The term ‘complementary educational facilities’ means educational program functional spaces such as libraries, gymnasiums, and

cafeterias.

‘‘(6) CONTRACT OR GRANT SCHOOL.—The term ‘contract or

grant school’ means an elementary school, secondary school,

or dormitory that receives financial assistance for its operation

under a contract, grant, or agreement with the Bureau under

section 102, 103(a), or 208 of the Indian Self-Determination

and Education Assistance Act, or under the Tribally Controlled

Schools Act of 1988.

‘‘(7) DIRECTOR.—The term ‘Director’ means the Director

of the Office of Indian Education Programs.

‘‘(8) EDUCATION LINE OFFICER.—The term ‘education line

officer’ means a member of the education personnel under the

supervision of the Director of the Office, whether located in

a central, area, or agency office. ‘‘(9) FAMILY LITERACY SERVICES.—The term ‘family literacy

services’ has the meaning given that term in section 8101

of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 8801).

‘‘(10) FINANCIAL PLAN.—The term ‘financial plan’ means

a plan of services provided by each Bureau school.

25 USC 2021.

115 STAT. 2062 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(11) INDIAN ORGANIZATION.—The term ‘Indian organization’ means any group, association, partnership, corporation,

or other legal entity owned or controlled by a federally recognized Indian tribe or tribes, or a majority of whose members

are members of federally recognized tribes.

‘‘(12) INHERENTLY FEDERAL FUNCTIONS.—The term ‘inherently Federal functions’ means functions and responsibilities

which, under section 1126(c), are noncontractable, including— ‘‘(A) the allocation and obligation of Federal funds and

determinations as to the amounts of expenditures; ‘‘(B) the administration of Federal personnel laws for

Federal employees; ‘‘(C) the administration of Federal contracting and

grant laws, including the monitoring and auditing of contracts and grants in order to maintain the continuing trust,

programmatic, and fiscal responsibilities of the Secretary; ‘‘(D) the conducting of administrative hearings and

deciding of administrative appeals; ‘‘(E) the determination of the Secretary’s views and

recommendations concerning administrative appeals or

litigation and the representation of the Secretary in

administrative appeals and litigation; ‘‘(F) the issuance of Federal regulations and policies

as well as any documents published in the Federal Register; ‘‘(G) reporting to Congress and the President;

‘‘(H) the formulation of the Secretary’s and the President’s policies and their budgetary and legislative recommendations and views; and

‘‘(I) the nondelegable statutory duties of the Secretary

relating to trust resources.

‘‘(13) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ means a board of education or other legally

constituted local school authority having administrative control

and direction of free public education in a county, township,

or independent or other school district located within a State,

and includes any State agency that directly operates and maintains facilities for providing free public education.

‘‘(14) LOCAL SCHOOL BOARD.—The term ‘local school board’,

when used with respect to a Bureau school, means a body

chosen in accordance with the laws of the tribe to be served

or, in the absence of such laws, elected by the parents of

the Indian children attending the school, except that, for a

school serving a substantial number of students from different

tribes—

‘‘(A) the members of the body shall be appointed by

the tribal governing bodies of the tribes affected; and

‘‘(B) the number of such members shall be determined

by the Secretary in consultation with the affected tribes.

‘‘(15) OFFICE.—The term ‘Office’ means the Office of Indian

Education Programs within the Bureau.

‘‘(16) REGULATION.— ‘‘(A) IN GENERAL.—The term ‘regulation’ means any

part of a statement of general or particular applicability

of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this Act.

‘‘(B) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) or any other provision of this title shall be

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2063

construed to prohibit the Secretary from issuing guidance,

internal directives, or other documents similar to the documents found in the Indian Affairs Manual of the Bureau

of Indian Affairs.

‘‘(17) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘(18) SUPERVISOR.—The term ‘supervisor’ means the individual in the position of ultimate authority at a Bureau school. ‘‘(19) TRIBAL GOVERNING BODY.—The term ‘tribal governing

body’ means, with respect to any school, the tribal governing

body, or tribal governing bodies, that represent at least 90

percent of the students served by such school. ‘‘(20) TRIBE.—The term ‘tribe’ means any Indian tribe,

band, nation, or other organized group or community, including

an Alaska Native Regional Corporation or Village Corporation

(as defined in or established pursuant to the Alaska Native

Claims Settlement Act), which is recognized as eligible for

the special programs and services provided by the United States

to Indians because of their status as Indians.’’.

SEC. 1043. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.

The Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501

et seq.) is amended by striking sections 5202 through 5212 and

inserting the following new sections:

‘‘SEC. 5202. DECLARATION OF POLICY.

‘‘(a) RECOGNITION.—Congress recognizes that the Indian SelfDetermination and Education Assistance Act, which was a product

of the legitimate aspirations and a recognition of the inherent

authority of Indian nations, was and is a crucial positive step

toward tribal and community control and that the United States

has an obligation to assure maximum Indian participation in the

direction of educational services so as to render the persons administering such services and the services themselves more responsive

to the needs and desires of Indian communities. ‘‘(b) COMMITMENT.—Congress declares its commitment to the

maintenance of the Federal Government’s unique and continuing

trust relationship with and responsibility to the Indian people for

the education of Indian children through the establishment of a

meaningful Indian self-determination policy for education that will

deter further perpetuation of Federal bureaucratic domination of

programs. ‘‘(c) NATIONAL GOAL.—Congress declares that a national goal

of the United States is to provide the resources, processes, and

structure that will enable tribes and local communities to obtain

the quantity and quality of educational services and opportunities

that will permit Indian children— ‘‘(1) to compete and excel in areas of their choice; and

‘‘(2) to achieve the measure of self-determination essential

to their social and economic well-being.

‘‘(d) EDUCATIONAL NEEDS.—Congress affirms—

‘‘(1) true self-determination in any society of people is

dependent upon an educational process that will ensure the

development of qualified people to fulfill meaningful leadership

roles;

‘‘(2) that Indian people have special and unique educational

needs, including the need for programs to meet the linguistic

and cultural aspirations of Indian tribes and communities; and

25 USC 2501.

115 STAT. 2064 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(3) that those needs may best be met through a grant

process.

‘‘(e) FEDERAL RELATIONS.—Congress declares a commitment to

the policies described in this section and support, to the full extent

of congressional responsibility, for Federal relations with the Indian

nations.

‘‘(f) TERMINATION.—Congress repudiates and rejects House

Concurrent Resolution 108 of the 83d Congress and any policy

of unilateral termination of Federal relations with any Indian

nation.

‘‘SEC. 5203. GRANTS AUTHORIZED.

‘‘(a) IN GENERAL.—

‘‘(1) ELIGIBILITY.—The Secretary shall provide grants to

Indian tribes, and tribal organizations that—

‘‘(A) operate contract schools under title XI of the Education Amendments of 1978 and notify the Secretary of

their election to operate the schools with assistance under

this part rather than continuing the schools as contract

schools;

‘‘(B) operate other tribally controlled schools eligible

for assistance under this part and submit applications

(which are approved by their tribal governing bodies) to

the Secretary for such grants; or

‘‘(C) elect to assume operation of Bureau-funded schools

with the assistance under this part and submit applications

(which are approved by their tribal governing bodies) to

the Secretary for such grants.

‘‘(2) DEPOSIT OF FUNDS.—Grants provided under this part

shall be deposited into the general operating fund of the tribally

controlled school with respect to which the grant is made.

‘‘(3) USE OF FUNDS.—

‘‘(A) IN GENERAL.—Except as otherwise provided in

this paragraph, grants provided under this part shall be

used to defray, at the discretion of the school board of

the tribally controlled school with respect to which the

grant is provided, any expenditures for education related

activities for which any funds that compose the grant may

be used under the laws described in section 5205(a),

including expenditures for—

‘‘(i) school operations, academic, educational, residential, guidance and counseling, and administrative

purposes; and

‘‘(ii) support services for the school, including

transportation.

‘‘(B) EXCEPTION.—Grants provided under this part

may, at the discretion of the school board of the tribally

controlled school with respect to which such grant is provided, be used to defray operations and maintenance

expenditures for the school if any funds for the operation

and maintenance of the school are allocated to the school

under the provisions of any of the laws described in section

5205(a).

‘‘(b) LIMITATIONS.—

‘‘(1) ONE GRANT PER TRIBE OR ORGANIZATION PER FISCAL

YEAR.—Not more than one grant may be provided under this

25 USC 2502.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2065

part with respect to any Indian tribe or tribal organization

for any fiscal year. ‘‘(2) NONSECTARIAN USE.—Funds provided under any grant

made under this part may not be used in connection with

religious worship or sectarian instruction. ‘‘(3) ADMINISTRATIVE COSTS LIMITATION.—Funds provided

under any grant under this part may not be expended for

administrative costs (as defined in section 1128(h)(1) of the

Education Amendments of 1978) in excess of the amount generated for such costs under section 1128 of such Act.

‘‘(c) LIMITATION ON TRANSFER OF FUNDS AMONG SCHOOL

SITES.—‘‘(1) IN GENERAL.—In the case of a grantee that operates

schools at more than one school site, the grantee may expend

at any school site operated by the grantee not more than

the lesser of— ‘‘(A) 10 percent of the funds allocated for another school

site under section 1128 of the Education Amendments of

1978; or ‘‘(B) $400,000 of the funds allocated for another school

site.

‘‘(2) DEFINITION OF SCHOOL SITE.—For purposes of this

subsection, the term ‘school site’ means the physical location

and the facilities of an elementary or secondary educational

or residential program operated by, or under contract or grant

with, the Bureau for which a discreet student count is identified

under the funding formula established under section 1127 of

the Education Amendments of 1978.

‘‘(d) NO REQUIREMENT TO ACCEPT GRANTS.—Nothing in this

part may be construed—

‘‘(1) to require a tribe or tribal organization to apply for

or accept; or

‘‘(2) to allow any person to coerce any tribe or tribal

organization to apply for, or accept,

a grant under this part to plan, conduct, and administer all of,

or any portion of, any Bureau program. Such applications and

the timing of such applications shall be strictly voluntary. Nothing

in this part may be construed as allowing or requiring any grant

with any entity other than the entity to which the grant is provided.

‘‘(e) NO EFFECT ON FEDERAL RESPONSIBILITY.—Grants provided

under this part shall not terminate, modify, suspend, or reduce

the responsibility of the Federal Government to provide a program.

‘‘(f) RETROCESSION.—

‘‘(1) IN GENERAL.—Whenever a tribal governing body

requests retrocession of any program for which assistance is

provided under this part, such retrocession shall become effective upon a date specified by the Secretary that is not later

than 120 days after the date on which the tribal governing

body requests the retrocession. A later date may be specified

if mutually agreed upon by the Secretary and the tribal governing body. If such a program is retroceded, the Secretary

shall provide to any Indian tribe served by such program at

least the same quantity and quality of services that would

have been provided under such program at the level of funding

provided under this part prior to the retrocession.

‘‘(2) STATUS AFTER RETROCESSION.—The tribe requesting

retrocession shall specify whether the retrocession is to status

115 STAT. 2066 PUBLIC LAW 107–110—JAN. 8, 2002

as a Bureau-operated school or as a school operated under

contract under the Indian Self-Determination and Education

Assistance Act.

‘‘(3) TRANSFER OF EQUIPMENT AND MATERIALS.—Except as

otherwise determined by the Secretary, the tribe or tribal

organization operating the program to be retroceded must

transfer to the Secretary (or to the tribe or tribal organization

which will operate the program as a contract school) the

existing equipment and materials which were acquired—

‘‘(A) with assistance under this part; or

‘‘(B) upon assumption of operation of the program

under this part, if the school was a Bureau-funded school

under title XI of the Education Amendments of 1978 before

receiving assistance under this part.

‘‘(g) PROHIBITION OF TERMINATION FOR ADMINISTRATIVE CONVENIENCE.—Grants provided under this part may not be terminated,

modified, suspended, or reduced solely for the convenience of the

administering agency.

‘‘SEC. 5204. COMPOSITION OF GRANTS.

‘‘(a) IN GENERAL.—The grant provided under this part to an

Indian tribe or tribal organization for any fiscal year shall consist

of—

‘‘(1) the total amount of funds allocated for such fiscal

year under sections 1127 and 1128 of the Education Amendments of 1978 with respect to the tribally controlled schools

eligible for assistance under this part which are operated by

such Indian tribe or tribal organization, including, but not

limited to, funds provided under such sections, or under any

other provision of law, for transportation costs;

‘‘(2) to the extent requested by such Indian tribe or tribal

organization, the total amount of funds provided from operations and maintenance accounts and, notwithstanding section

105 of the Indian Self-Determination Act, or any other provision

of law, other facilities accounts for such schools for such fiscal

year (including but not limited to those referenced under section

1126(d) of the Education Amendments of 1978 or any other

law); and

‘‘(3) the total amount of funds that are allocated to such

schools for such fiscal year under—

‘‘(A) title I of the Elementary and Secondary Education

Act of 1965;

‘‘(B) the Individuals with Disabilities Education Act;

and

‘‘(C) any other Federal education law, that are allocated

to such schools for such fiscal year.

‘‘(b) SPECIAL RULES.—

‘‘(1) IN GENERAL.—

‘‘(A) APPLICABILITY OF CERTAIN LAWS.—Funds allocated

to a tribally controlled school by reason of paragraph (1)

or (2) of subsection (a) shall be subject to the provisions

of this part and shall not be subject to any additional

restriction, priority, or limitation that is imposed by the

Bureau with respect to funds provided under—

‘‘(i) title I of the Elementary and Secondary Education Act of 1965;

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PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2067

‘‘(ii) the Individuals with Disabilities Education

Act; or ‘‘(iii) any Federal education law other than title

XI of the Education Amendments of 1978.

‘‘(B) APPLICABILITY OF BUREAU PROVISIONS.—Indian

tribes and tribal organizations to which grants are provided

under this part, and tribally controlled schools for which

such grants are provided, shall not be subject to any

requirements, obligations, restrictions, or limitations

imposed by the Bureau that would otherwise apply solely

by reason of the receipt of funds provided under any law

referred to in clause (i), (ii), or (iii) of subparagraph (A).

‘‘(2) SCHOOLS CONSIDERED CONTRACT SCHOOLS.—Tribally

controlled schools for which grants are provided under this

part shall be treated as contract schools for the purposes of

allocation of funds under sections 1126(e), 1127, and 1128 of

the Education Amendments of 1978. ‘‘(3) SCHOOLS CONSIDERED BUREAU SCHOOLS.—Tribally controlled schools for which grants are provided under this chapter

shall be treated as Bureau schools for the purposes of allocation

of funds provided under—

‘‘(A) title I of the Elementary and Secondary Education

Act of 1965;

‘‘(B) the Individuals with Disabilities Education Act;

and

‘‘(C) any other Federal education law, that are distributed through the Bureau.

‘‘(4) ACCOUNTS; USE OF CERTAIN FUNDS.—

‘‘(A) SEPARATE ACCOUNT.—

‘‘(i) IN GENERAL.—Notwithstanding section

5204(a)(2), with respect to funds from facilities

improvement and repair, alteration and renovation

(major or minor), health and safety, or new construction accounts included in the grant provided under

section 5204(a), the grant recipient shall maintain a

separate account for such funds.

‘‘(ii) SUBMISSION OF ACCOUNTING.—At the end of

the period designated for the work covered by the

funds received, the grant recipient shall submit to

the Secretary a separate accounting of the work done

and the funds expended.

‘‘(iii) USE OF FUNDS.—Funds received from those

accounts may only be used for the purpose for which

the funds were appropriated and for the work encompassed by the application or submission for which the

funds were received.

‘‘(iv) COMPLETION OF PROJECT.—Upon completion

of a project for which a separate account is established

under this paragraph, the portion of the grant related

to such project may be closed out upon agreement

by the grantee and the Secretary.

‘‘(B) REQUIREMENTS FOR PROJECTS.—

‘‘(i) REGULATORY REQUIREMENTS.—With respect to

a grant to a tribally controlled school under this part

for new construction or facilities improvements and

repair in excess of $100,000, such grant shall be subject

to the Administrative and Audit Requirements and

115 STAT. 2068 PUBLIC LAW 107–110—JAN. 8, 2002

Cost Principles for Assistance Programs contained in

part 12 of title 43, Code of Federal Regulations. ‘‘(ii) EXCEPTION.—Notwithstanding clause (i),

grants described in such clause shall not be subject

to section 12.61 of title 43, Code of Federal Regulations.

The Secretary and the grantee shall negotiate and

determine a schedule of payments for the work to

be performed. ‘‘(iii) APPLICATIONS.—In considering applications

for a grant described in clause (i), the Secretary shall

consider whether the Indian tribe or tribal organization

involved would be deficient in ensuring that the

construction projects under the proposed grant conform

to applicable building standards and codes and Federal,

tribal, or State health and safety standards as required

under section 1124 of the Education Amendments of

1978 (25 U.S.C. 2005(a)) with respect to organizational

and financial management capabilities. ‘‘(iv) DISPUTES.—Any disputes between the Secretary and any grantee concerning a grant described

in clause (i) shall be subject to the dispute provisions

contained in section 5209(e).

‘‘(C) NEW CONSTRUCTION.—Notwithstanding subparagraph (A), a school receiving a grant under this part for

facilities improvement and repair may use such grant funds

for new construction if the tribal governing body or tribal

organization that submits the application for the grant

provides funding for the new construction equal to at least

25 percent of the total cost of such new construction.

‘‘(D) PERIOD.—In a case in which the appropriations

measure under which the funds described in subparagraph

(A) are made available or the application submitted for

the funds does not stipulate a period for the work covered

by the funds, the Secretary and the grant recipient shall

consult and determine such a period prior to the transfer

of the funds. A period so determined may be extended

upon mutual agreement of the Secretary and the grant

recipient.

‘‘(5) ENFORCEMENT OF REQUEST TO INCLUDE FUNDS.—

‘‘(A) IN GENERAL.—If the Secretary fails to carry out

a request filed by an Indian tribe or tribal organization

to include in such tribe or organization’s grant under this

part the funds described in subsection (a)(2) within 180

days after the filing of the request, the Secretary shall—

‘‘(i) be deemed to have approved such request;

and

‘‘(ii) immediately upon the expiration of such 180-

day period amend the grant accordingly.

‘‘(B) RIGHTS.—A tribe or organization described in

subparagraph (A) may enforce its rights under subsection

(a)(2) and this paragraph, including rights relating to any

denial or failure to act on such tribe’s or organization’s

request, pursuant to the dispute authority described in

section 5209(e).

‘‘SEC. 5205. ELIGIBILITY FOR GRANTS.

‘‘(a) RULES.—

25 USC 2504.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2069

‘‘(1) IN GENERAL.—A tribally controlled school is eligible

for assistance under this part if the school—

‘‘(A) on April 28, 1988, was a contract school under

title XI of the Education Amendments of 1978 and the

tribe or tribal organization operating the school submits

to the Secretary a written notice of election to receive

a grant under this part;

‘‘(B) was a Bureau-operated school under title XI of

the Education Amendments of 1978 and has met the

requirements of subsection (b);

‘‘(C) is a school for which the Bureau has not provided

funds, but which has met the requirements of subsection

(c); or

‘‘(D) is a school with respect to which an election has

been made under paragraph (2) and which has met the

requirements of subsection (b).

‘‘(2) NEW SCHOOLS.—Any application which has been submitted under the Indian Self-Determination and Education

Assistance Act by an Indian tribe for a school which is not

in operation on the date of enactment of the Native American

Education Improvement Act of 2001 shall be reviewed under

the guidelines and regulations for applications submitted under

the Indian Self-Determination and Education Assistance Act

that were in effect at the time the application was submitted,

unless the Indian tribe or tribal organization elects to have

the application reviewed under the provisions of subsection

(b).

‘‘(b) ADDITIONAL REQUIREMENTS FOR BUREAU-FUNDED SCHOOLS

AND CERTAIN ELECTING SCHOOLS.—

‘‘(1) BUREAU-FUNDED SCHOOLS.—A school that was a

Bureau-funded school under title XI of the Education Amendments of 1978 on the date of enactment of the Native American

Education Improvement Act of 2001 and any school with respect

to which an election is made under subsection (a)(2), meets

the requirements of this subsection if—

‘‘(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting that the Secretary—

‘‘(i) transfer operation of the school to the Indian

tribe or tribal organization, if the Indian tribe or tribal

organization is not already operating the school; and

‘‘(ii) make a determination as to whether the school

is eligible for assistance under this part; and

‘‘(B) the Secretary makes a determination that the

school is eligible for assistance under this part.

‘‘(2) CERTAIN ELECTING SCHOOLS.—

‘‘(A) IN GENERAL.—By not later than the date that

is 120 days after the date on which an application is

submitted to the Secretary under paragraph (1)(A), the

Secretary shall determine—

‘‘(i) in the case of a school which is not being

operated by the Indian tribe or tribal organization,

whether to transfer operation of the school to the

Indian tribe or tribal organization; and

‘‘(ii) whether the school is eligible for assistance

under this part.

115 STAT. 2070 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) OTHER DETERMINATIONS.—In considering applications submitted under paragraph (1)(A), the Secretary— ‘‘(i) shall transfer operation of the school to the

Indian tribe or tribal organization, if the tribe or tribal

organization is not already operating the school; and

‘‘(ii) shall determine that the school is eligible for

assistance under this part, unless the Secretary finds

by clear and convincing evidence that the services to

be provided by the Indian tribe or tribal organization

will be deleterious to the welfare of the Indians served

by the school.

‘‘(C) CONSIDERATIONS.—In considering applications

submitted under paragraph (1)(A), the Secretary shall consider whether the Indian tribe or tribal organization would

be deficient in operating the school with respect to— ‘‘(i) equipment;

‘‘(ii) bookkeeping and accounting procedures;

‘‘(iii) ability to adequately manage a school; or

‘‘(iv) adequately trained personnel. ‘‘(c) ADDITIONAL REQUIREMENTS FOR A SCHOOL WHICH IS NOT

A BUREAU-FUNDED SCHOOL.—

‘‘(1) IN GENERAL.—A school which is not a Bureau-funded

school under title XI of the Education Amendments of 1978

meets the requirements of this subsection if—

‘‘(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting a determination by the

Secretary as to whether the school is eligible for assistance

under this part; and

‘‘(B) the Secretary makes a determination that a school

is eligible for assistance under this part.

‘‘(2) DEADLINE FOR DETERMINATION BY SECRETARY.—

‘‘(A) IN GENERAL.—By not later than the date that

is 180 days after the date on which an application is

submitted to the Secretary under paragraph (1)(A), the

Secretary shall determine whether the school is eligible

for assistance under this part.

‘‘(B) CONSIDERATIONS.—In making the determination

under subparagraph (A), the Secretary shall give equal

consideration to each of the following factors:

‘‘(i) With respect to the applicant’s proposal—

‘‘(I) the adequacy of facilities or the potential

to obtain or provide adequate facilities;

‘‘(II) geographic and demographic factors in

the affected areas;

‘‘(III) adequacy of the applicant’s program

plans;

‘‘(IV) geographic proximity of comparable

public education; and

‘‘(V) the needs as expressed by all affected

parties, including but not limited to students, families, tribal governments at both the central and

local levels, and school organizations.

‘‘(ii) With respect to all education services already

available—

‘‘(I) geographic and demographic factors in the

affected areas;

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2071

‘‘(II) adequacy and comparability of programs

already available;

‘‘(III) consistency of available programs with

tribal education codes or tribal legislation on education; and

‘‘(IV) the history and success of these services

for the proposed population to be served, as determined from all factors including, if relevant,

standardized examination performance.

‘‘(C) GEOGRAPHIC PROXIMITY.—The Secretary may not

make a determination under this paragraph that is primarily based upon the geographic proximity of comparable

public education.

‘‘(D) OTHER INFORMATION.—Applications submitted

under paragraph (1)(A) shall include information on the

factors described in subparagraph (B)(i), but the applicant

may also provide the Secretary such information relative

to the factors described in subparagraph (B)(ii) as the

applicant considers appropriate.

‘‘(E) DEADLINE.—If the Secretary fails to make a determination under subparagraph (A) with respect to an

application within 180 days after the date on which the

Secretary received the application, the Secretary shall be

treated as having made a determination that the tribally

controlled school is eligible for assistance under the title

and the grant shall become effective 18 months after the

date on which the Secretary received the application, or

on an earlier date, at the Secretary’s discretion.

‘‘(d) FILING OF APPLICATIONS AND REPORTS.—

‘‘(1) IN GENERAL.—All applications and reports submitted

to the Secretary under this part, and any amendments to

such applications or reports, shall be filed with the education

line officer designated by the Director of the Office of Indian

Education Programs of the Bureau of Indian Affairs. The date

on which such filing occurs shall, for purposes of this part,

be treated as the date on which the application or amendment

was submitted to the Secretary.

‘‘(2) SUPPORTING DOCUMENTATION.—Any application that

is submitted under this chapter shall be accompanied by a

document indicating the action taken by the tribal governing

body in authorizing such application.

‘‘(e) EFFECTIVE DATE FOR APPROVED APPLICATIONS.—Except as

provided by subsection (c)(2)(E), a grant provided under this part,

and any transfer of the operation of a Bureau school made under

subsection (b), shall become effective beginning the academic year

succeeding the fiscal year in which the application for the grant

or transfer is made, or at an earlier date determined by the Secretary.

‘‘(f) DENIAL OF APPLICATIONS.—

‘‘(1) IN GENERAL.—Whenever the Secretary refuses to

approve a grant under this chapter, to transfer operation of

a Bureau school under subsection (b), or determines that a

school is not eligible for assistance under this part, the Secretary shall—

‘‘(A) state the objections in writing to the tribe or

tribal organization within the allotted time;

115 STAT. 2072 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) provide assistance to the tribe or tribal organization to overcome all stated objections;

‘‘(C) at the request of the tribe or tribal organization,

provide the tribe or tribal organization a hearing on the

record under the same rules and regulations that apply

under the Indian Self-Determination and Education Assistance Act; and

‘‘(D) provide an opportunity to appeal the objection

raised.

‘‘(2) TIMELINE FOR RECONSIDERATION OF AMENDED APPLICATIONS.—The Secretary shall reconsider any amended application submitted under this part within 60 days after the

amended application is submitted to the Secretary.

‘‘(g) REPORT.—The Bureau shall submit an annual report to

the Congress on all applications received, and actions taken

(including the costs associated with such actions), under this section

at the same time that the President is required to submit to

Congress the budget under section 1105 of title 31, United States

Code.

‘‘SEC. 5206. DURATION OF ELIGIBILITY DETERMINATION.

‘‘(a) IN GENERAL.—If the Secretary determines that a tribally

controlled school is eligible for assistance under this part, the eligibility determination shall remain in effect until the determination

is revoked by the Secretary, and the requirements of subsection

(b) or (c) of section 5205, if applicable, shall be considered to

have been met with respect to such school until the eligibility

determination is revoked by the Secretary.

‘‘(b) ANNUAL REPORTS.—

‘‘(1) IN GENERAL.—Each recipient of a grant provided under

this part shall complete an annual report which shall be limited

to—

‘‘(A) an annual financial statement reporting revenue

and expenditures as defined by the cost accounting established by the grantee;

‘‘(B) an annual financial audit conducted pursuant to

the standards of the Single Audit Act of 1984;

‘‘(C) a biennial compliance audit of the procurement

of personal property during the period for which the report

is being prepared that shall be in compliance with written

procurement standards that are developed by the local

school board;

‘‘(D) an annual submission to the Secretary of the

number of students served and a brief description of programs offered under the grant; and

‘‘(E) a program evaluation conducted by an impartial

evaluation review team, to be based on the standards established for purposes of subsection (c)(1)(A)(ii).

‘‘(2) EVALUATION REVIEW TEAMS.—Where appropriate, other

tribally controlled schools and representatives of tribally controlled community colleges shall make up members of the

evaluation review teams.

‘‘(3) EVALUATIONS.—In the case of a school which is accredited, evaluations will be conducted at intervals under the terms

of accreditation.

‘‘(4) SUBMISSION OF REPORT.—

25 USC 2505.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2073

‘‘(A) TO TRIBAL GOVERNING BODY.—Upon completion

of the report required under paragraph (1), the recipient

of the grant shall send (via first class mail, return receipt

requested) a copy of such annual report to the tribal governing body (as defined in section 1132(f) of the Education

Amendments of 1978) of the tribally controlled school.

‘‘(B) TO SECRETARY.—Not later than 30 days after

receiving written confirmation that the tribal governing

body has received the report sent pursuant to subparagraph

(A), the recipient of the grant shall send a copy of the

report to the Secretary.

‘‘(c) REVOCATION OF ELIGIBILITY.—

‘‘(1) DETERMINATION OF ELIGIBILITY FOR ASSISTANCE.—The

Secretary shall not revoke a determination that a school is

eligible for assistance under this part if—

‘‘(A) the Indian tribe or tribal organization submits

the reports required under subsection (b) with respect to

the school; and

‘‘(B) at least one of the following clauses applies with

respect to the school:

‘‘(i) The school is certified or accredited by a State

or regional accrediting association or is a candidate

in good standing for such accreditation under the rules

of the State or regional accrediting association, showing

that credits achieved by the students within the education programs are, or will be, accepted at grade

level by a State certified or regionally accredited

institution.

‘‘(ii) The Secretary determines that there is a

reasonable expectation that the certification or accreditation described in clause (i), or candidacy in good

standing for such certification or accreditation, will

be achieved by the school within 3 years. The school

seeking accreditation shall remain under the standards

of the Bureau in effect on the date of enactment of

the Native American Education Improvement Act of

2001 until such time as the school is accredited, except

that if the Bureau standards are in conflict with the

standards of the accrediting agency, the standards of

such agency shall apply in such case.

‘‘(iii) The school is accredited by a tribal department of education if such accreditation is accepted

by a generally recognized regional or State accreditation agency.

‘‘(iv)(I) With respect to a school that lacks accreditation, or that is not a candidate for accreditation,

based on circumstances that are not beyond the control

of the school board, every 3 years an impartial evaluator agreed upon by the Secretary and the grant

recipient conducts evaluations of the school, and the

school receives a positive assessment under such

evaluations. The evaluations are conducted under

standards adopted by a contractor under a contract

for the school entered into under the Indian Self-Determination and Education Assistance Act (or revisions

of such standards agreed to by the Secretary and the

Deadline.

115 STAT. 2074 PUBLIC LAW 107–110—JAN. 8, 2002

grant recipient) prior to the date of enactment of the

Native American Education Improvement Act of 2001. ‘‘(II) If the Secretary and a grant recipient other

than a tribal governing body fail to agree on such

an evaluator, the tribal governing body shall choose

the evaluator or perform the evaluation. If the Secretary and a grant recipient that is a tribal governing

body fail to agree on such an evaluator, subclause

(I) shall not apply.

‘‘(III) A positive assessment by an impartial evaluator under this clause shall not affect the revocation

of a determination of eligibility by the Secretary where

such revocation is based on circumstances that were

within the control of the school board.

‘‘(2) NOTICE REQUIREMENTS FOR REVOCATION.—The Secretary shall not revoke a determination that a school is eligible

for assistance under this part, or reassume control of a school

that was a Bureau school prior to approval of an application

submitted under section 5206(b)(1)(A) until the Secretary— ‘‘(A) provides notice to the tribally controlled school

and the tribal governing body (within the meaning of section 1141 of the Education Amendments of 1978) of the

tribally controlled school which states— ‘‘(i) the specific deficiencies that led to the revocation or resumption determination; and ‘‘(ii) the actions that are needed to remedy such

deficiencies; and

‘‘(B) affords such authority an opportunity to effect

the remedial actions.

‘‘(3) TECHNICAL ASSISTANCE.—The Secretary shall provide

such technical assistance to enable the school and governing

body to carry out such remedial actions.

‘‘(4) HEARING AND APPEAL.—In addition to notice and technical assistance under this subsection, the Secretary shall provide to the school and governing body— ‘‘(A) at the request of the school or governing body,

a hearing on the record regarding the revocation or reassumption determination, to be conducted under the rules

and regulations described in section 5206(f)(1)(C); and

‘‘(B) an opportunity to appeal the decision resulting

from the hearing.

‘‘(d) APPLICABILITY OF SECTION PURSUANT TO ELECTION UNDER

SECTION 5208(b).—With respect to a tribally controlled school that

receives assistance under this part pursuant to an election made

under section 5208(b)—

‘‘(1) subsection (b) of this section shall apply; and

‘‘(2) the Secretary may not revoke eligibility for assistance

under this part except in conformance with subsection (c) of

this section.

‘‘SEC. 5207. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.

‘‘(a) PAYMENTS.—

‘‘(1) IN GENERAL.—Except as otherwise provided in this

subsection, the Secretary shall make payments to grantees

under this part in two payments, of which—

‘‘(A) the first payment shall be made not later than

July 1 of each year in an amount equal to 80 percent

25 USC 2506.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2075

of the amount which the grantee was entitled to receive

during the preceding academic year; and ‘‘(B) the second payment, consisting of the remainder

to which the grantee is entitled for the academic year,

shall be made not later than December 1 of each year.

‘‘(2) EXCESS FUNDING.—In a case in which the amount

provided to a grant recipient under paragraph (1)(A) is in

excess of the amount that the recipient is entitled to receive

for the academic year involved, the recipient shall return to

the Secretary such excess amount not later than 30 days after

the final determination that the school was overpaid pursuant

to this section. The amount returned to the Secretary under

this paragraph shall be distributed equally to all schools in

the system. ‘‘(3) NEWLY FUNDED SCHOOLS.—For any school for which

no payment under this part was made from Bureau funds

in the preceding academic year, full payment of the amount

computed for the first academic year of eligibility under this

part shall be made not later than December 1 of the academic

year.‘‘(4) LATE FUNDING.—With regard to funds for grantees

that become available for obligation on October 1 of the fiscal

year for which such funds are appropriated, the Secretary shall

make payments to grantees not later than December 1 of the

fiscal year.

‘‘(5) APPLICABILITY OF CERTAIN TITLE 31 PROVISIONS.—The

provisions of chapter 39 of title 31, United States Code, shall

apply to the payments required to be made by paragraphs

(1), (3), and (4).

‘‘(6) RESTRICTIONS.—Paragraphs (1), (3), and (4) shall be

subject to any restriction on amounts of payments under this

part that are imposed by a continuing resolution or other Act

appropriating the funds involved.

‘‘(b) INVESTMENT OF FUNDS.—

‘‘(1) TREATMENT OF INTEREST AND INVESTMENT INCOME.— Notwithstanding any other provision of law, any interest or

investment income that accrues to any funds provided under

this part after such funds are paid to the Indian tribe or

tribal organization and before such funds are expended for

the purpose for which such funds were provided under this

part shall be the property of the Indian tribe or tribal organization and shall not be taken into account by any officer or

employee of the Federal Government in determining whether

to provide assistance, or the amount of assistance, under any

provision of Federal law. Such interest income shall be spent

on behalf of the school.

‘‘(2) PERMISSIBLE INVESTMENTS.—Funds provided under

this part may be invested by the Indian tribe or tribal organization before such funds are expended for the purposes of this

part so long as such funds are—

‘‘(A) invested by the Indian tribe or tribal organization

only in obligations of the United States, or in obligations

or securities that are guaranteed or insured by the United

States, or mutual (or other) funds registered with the Securities and Exchange Commission and which only invest

in obligations of the United States, or securities that are

guaranteed or insured by the United States; or

Deadline.

115 STAT. 2076 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(B) deposited only into accounts that are insure by

and agency or instrumentality of the United States, or

are fully collateralized to ensure protection of the funds,

even in the event of a bank failure.

‘‘(c) RECOVERIES.—For the purposes of underrecovery and overrecovery determinations by any Federal agency for any other funds,

from whatever source derived, funds received under this part shall

not be taken into consideration.

‘‘SEC. 5208. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.

‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—The following

provisions of the Indian Self-Determination and Education Assistance Act (and any subsequent revisions thereto or renumbering

thereof), shall apply to grants provided under this part:

‘‘(1) Section 5(f) (relating to single agency audit).

‘‘(2) Section 6 (relating to criminal activities; penalties).

‘‘(3) Section 7 (relating to wage and labor standards).

‘‘(4) Section 104 (relating to retention of Federal employee

coverage).

‘‘(5) Section 105(f) (relating to Federal property).

‘‘(6) Section 105(k) (relating to access to Federal sources

of supply).

‘‘(7) Section 105(l) (relating to lease of facility used for

administration and delivery of services).

‘‘(8) Section 106(f) (relating to limitation on remedies

relating to cost allowances).

‘‘(9) Section 106(j) (relating to use of funds for matching

or cost participation requirements).

‘‘(10) Section 106(k) (relating to allowable uses of funds).

‘‘(11) Section 108(c) (Model Agreements provisions (1)(a)(5)

(relating to limitations of costs), (1)(a)(7) (relating to records

and monitoring), (1)(a)(8) (relating to property), and (a)(1)(9)

(relating to availability of funds).

‘‘(12) Section 109 (relating to reassumption).

‘‘(13) Section 111 (relating to sovereign immunity and

trusteeship rights unaffected).

‘‘(b) ELECTION FOR GRANT IN LIEU OF CONTRACT.—

‘‘(1) IN GENERAL.—Contractors for activities to which this

part applies who have entered into a contract under the Indian

Self-Determination and Education Assistance Act that is in

effect on the date of enactment of the Native American Education Improvement Act of 2001 may, by giving notice to the

Secretary, elect to have the provisions of this part apply to

such activity in lieu of such contract.

‘‘(2) EFFECTIVE DATE OF ELECTION.—Any election made

under paragraph (1) shall take effect on the first day of July

immediately following the date of such election.

‘‘(3) EXCEPTION.—In any case in which the first day of

July immediately following the date of an election under paragraph (1) is less than 60 days after such election, such election

shall not take effect until the first day of July of year following

the year in which the election is made.

‘‘(c) NO DUPLICATION.—No funds may be provided under any

contract entered into under the Indian Self-Determination and Education Assistance Act to pay any expenses incurred in providing

25 USC 2507.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2077

any program or services if a grant has been made under this

part to pay such expenses.

‘‘(d) TRANSFERS AND CARRYOVERS.—

‘‘(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATERIALS.—A tribe

or tribal organization assuming the operation of—

‘‘(A) a Bureau school with assistance under this part

shall be entitled to the transfer or use of buildings, equipment, supplies, and materials to the same extent as if

it were contracting under the Indian Self-Determination

and Education Assistance Act; or

‘‘(B) a contract school with assistance under this part

shall be entitled to the transfer or use of buildings, equipment, supplies, and materials that were used in the operation of the contract school to the same extent as if it

were contracting under the Indian Self-Determination and

Education Assistance Act.

‘‘(2) FUNDS.—Any tribe or tribal organization which

assumes operation of a Bureau school with assistance under

this part and any tribe or tribal organization which elects

to operate a school with assistance under this part rather

that to continue as a contract school shall be entitled to any

funds which would carryover from the previous fiscal year

as if such school were operated as a contract school.

‘‘(3) FUNDING FOR SCHOOL IMPROVEMENT.—Any tribe or

tribal organization that assumes operation of a Bureau school

or a contract school with assistance under this part shall be

eligible for funding for the improvement, alteration, replacement, and repair of facilities to the same extent as a Bureau

school.

‘‘(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—Any exception or

problem cited in an audit conducted pursuant to section 5206(b)(1),

any dispute regarding a grant authorized to be made pursuant

to this part or any amendment to such grant, and any dispute

involving an administrative cost grant under section 1128 of the

Education Amendments of 1978 shall be administered under the

provisions governing such exceptions, problems, or disputes in the

case of contracts under the Indian Self-Determination and Education Assistance Act. The Equal Access to Justice Act shall apply

to administrative appeals filed after September 8, 1988, by grantees

regarding a grant under this part, including an administrative

cost grant.

‘‘SEC. 5209. ROLE OF THE DIRECTOR.

‘‘Applications for grants under this part, and all application

modifications, shall be reviewed and approved by personnel under

the direction and control of the Director of the Office of Indian

Education Programs. Required reports shall be submitted to education personnel under the direction and control of the Director

of such Office.

‘‘SEC. 5210. REGULATIONS.

‘‘The Secretary is authorized to issue regulations relating to

the discharge of duties specifically assigned to the Secretary in

this part. For all other matters relating to the details of planning,

developing, implementing, and evaluating grants under this part,

the Secretary shall not issue regulations.

25 USC 2509.

25 USC 2508.

115 STAT. 2078 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘SEC. 5211. THE TRIBALLY CONTROLLED GRANT SCHOOL ENDOWMENT

PROGRAM.

‘‘(a) IN GENERAL.—

‘‘(1) ESTABLISHMENT.—Each school receiving a grant under

this part may establish, at a federally insured financial institution, a trust fund for the purposes of this section.

‘‘(2) DEPOSITS AND USE.—The school may provide—

‘‘(A) for deposit into the trust fund, only funds from

non-Federal sources, except that the interest on funds

received from grants provided under this part may be used

for that purpose;

‘‘(B) for deposit into the trust fund, any earnings on

funds deposited in the fund; and

‘‘(C) for the sole use of the school any noncash, inkind contributions of real or personal property, which may

at any time be used, sold, or otherwise disposed of.

‘‘(b) INTEREST.—Interest from the fund established under subsection (a) may periodically be withdrawn and used, at the discretion of the school, to defray any expenses associated with the

operation of the school consistent with the purposes of this Act.

‘‘SEC. 5212. DEFINITIONS.

‘‘In this part:

‘‘(1) BUREAU.—The term ‘Bureau’ means the Bureau of

Indian Affairs of the Department of the Interior.

‘‘(2) ELIGIBLE INDIAN STUDENT.—The term ‘eligible Indian

student’ has the meaning given such term in section 1127(f)

of the Education Amendments of 1978.

‘‘(3) INDIAN.—The term ‘Indian’ means a member of an

Indian tribe, and includes individuals who are eligible for membership in a tribe, and the child or grandchild of such an

individual.

‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ means any

Indian tribe, band, nation, or other organized group or community, including an Alaska Native Village Corporation or

Regional Corporation (as defined in or established pursuant

to the Alaska Native Claims Settlement Act), which is recognized as eligible for the special programs and services provided

by the United States to Indians because of their status as

Indians.

‘‘(5) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ means a public board of education or other

public authority legally constituted within a State for either

administrative control or direction of, or to perform a service

function for, public elementary schools or secondary schools

in a city, county, township, school district, or other political

subdivision of a State or such combination of school districts

or counties as are recognized in a State as an administrative

agency for the State’s public elementary schools or secondary

schools. Such term includes any other public institution or

agency having administrative control and direction of a public

elementary school or secondary school.

‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary

of the Interior.

‘‘(7) TRIBAL GOVERNING BODY.—The term ‘tribal governing

body’ means, with respect to any school that receives assistance

25 USC 2511.

25 USC 2510.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2079

under this Act, the recognized governing body of the Indian

tribe involved.

‘‘(8) TRIBAL ORGANIZATION.—

‘‘(A) IN GENERAL.—The term ‘tribal organization’

means—

‘‘(i) the recognized governing body of any Indian

tribe; or

‘‘(ii) any legally established organization of Indians

that—

‘‘(I) is controlled, sanctioned, or chartered by

such governing body or is democratically elected

by the adult members of the Indian community

to be served by such organization; and

‘‘(II) includes the maximum participation of

Indians in all phases of the organization’s activities.

‘‘(B) AUTHORIZATION.—In any case in which a grant

is provided under this part to an organization to provide

services through a tribally controlled school benefiting more

than one Indian tribe, the approval of the governing bodies

of Indian tribes representing 80 percent of the students

attending the tribally controlled school shall be considered

a sufficient tribal authorization for such grant.

‘‘(9) TRIBALLY CONTROLLED SCHOOL.—The term ‘tribally

controlled school’ means a school that—

‘‘(A) is operated by an Indian tribe or a tribal organization, enrolling students in kindergarten through grade 12,

including a preschool;

‘‘(B) is not a local educational agency; and

‘‘(C) is not directly administered by the Bureau of

Indian Affairs.’’.

SEC. 1044. LEASE PAYMENTS BY THE OJIBWA INDIAN SCHOOL.

(a) IN GENERAL.—Notwithstanding the Tribally Controlled

Schools Act of 1988 (25 U.S.C. 2501 et seq.), or the regulations

promulgated under such Act, the Ojibwa Indian School located

in Belcourt, North Dakota, may use amounts received under such

Act to enter into, and make payments under, a lease described

in subsection (b).

(b) LEASE.—A lease described in this subsection is a lease

that—

(1) is entered into by the Ojibwa Indian School for the

use of facilities owned by St. Ann’s Catholic Church located

in Belcourt, North Dakota;

(2) is entered into in the 2001–2002 school year, or any

other school year in which the Ojibwa Indian School will use

such facilities for school purposes;

(3) requires lease payments in an amount determined

appropriate by an independent lease appraiser that is selected

by the parties to the lease, except that such amount may

not exceed the maximum amount per square foot that is being

paid by the Bureau of Indian Affairs for other similarly situated

Indian schools under the Indian Self-Determination and Education Assistance Act (Public Law 93–638); and

(4) contains a waiver of the right of St. Ann’s Catholic

Church to bring an action against the Ojibwa Indian School,

115 STAT. 2080 PUBLIC LAW 107–110—JAN. 8, 2002

the Turtle Mountain Band of Chippewa, or the Federal Government for the recovery of any amounts remaining unpaid under

leases entered into prior to the date of enactment of this Act.

(c) METHOD OF FUNDING.—Amounts shall be made available

by the Bureau of Indian Affairs to make lease payments under

this section in the same manner as amounts are made available

to make payments under leases entered into by Indian schools

under the Indian Self-Determination and Education Assistance Act

(Public Law 93–638).

(d) OPERATION AND MAINTENANCE FUNDING.—The Bureau of

Indian Affairs shall provide funding for the operation and maintenance of the facilities and property used by the Ojibwa Indian

School under the lease entered into under subsection (a) so long

as such facilities and property are being used by the School for

educational purposes.

SEC. 1045. ENROLLMENT AND GENERAL ASSISTANCE PAYMENTS.

Section 5404(a) of the Augustus F. Hawkins-Robert T. Stafford

Elementary and Secondary School Improvement Amendments of

1988 (25 U.S.C. 13d–2(a)) is amended—

(1) by striking the matter preceding paragraph (1) and

inserting the following:

‘‘(a) IN GENERAL.—The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from

the Bureau of Indian Affairs an otherwise eligible Indian for whom

the Bureau is making or may make general assistance payments

(or exclude such an individual from continued consideration in

determining the amount of general assistance payments for a household) because the individual is enrolled (and is making satisfactory

progress toward completion of a program or training that can

reasonably be expected to lead to gainful employment) for at least

half-time study or training in—’’; and

(2) by striking paragraph (4), and inserting the following:

‘‘(4) other programs or training approved by the Secretary

or by tribal education, employment or training programs.’’.

PART E—HIGHER EDUCATION ACT OF 1965

SEC. 1051. PREPARING TOMORROW’S TEACHERS TO USE TECHNOLOGY.

Title II of the Higher Education Act of 1965 (20 U.S.C. 1021

et seq.) is amended—

(1) by striking the title heading and inserting the following:

‘‘TITLE II—TEACHER QUALITY

ENHANCEMENT

‘‘PART A—TEACHER QUALITY ENHANCEMENT

GRANTS FOR STATES AND PARTNERSHIPS’’;

(2) by striking ‘‘this title’’ each place it appears and

inserting ‘‘this part’’; and

(3) by adding at the end the following:

20 USC 1021–

1030.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2081

‘‘PART B—PREPARING TOMORROW’S

TEACHERS TO USE TECHNOLOGY

‘‘SEC. 221. PURPOSE AND PROGRAM AUTHORITY.

‘‘(a) PURPOSE.—It is the purpose of this part to assist consortia

of public and private entities—

‘‘(1) to carry out programs that prepare prospective teachers

to use advanced technology to prepare all students to meet

challenging State and local academic content and student academic achievement standards; and

‘‘(2) to improve the ability of institutions of higher education

to carry out such programs.

‘‘(b) PROGRAM AUTHORITY.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to eligible applicants, or enter into contracts or cooperative agreements with eligible applicants, on a competitive basis

in order to pay for the Federal share of the cost of projects

to develop or redesign teacher preparation programs to enable

prospective teachers to use advanced technology effectively in

their classrooms.

‘‘(2) PERIOD OF AWARDS.—The Secretary may award grants,

or enter into contracts or cooperative agreements, under this

part for periods that are not more than 5 years in duration.

‘‘SEC. 222. ELIGIBILITY.

‘‘(a) ELIGIBLE APPLICANTS.—In order to receive a grant or enter

into a contract or cooperative agreement under this part, an

applicant shall be a consortium that includes the following:

‘‘(1) At least one institution of higher education that awards

baccalaureate degrees and prepares teachers for their initial

entry into teaching.

‘‘(2) At least one State educational agency or local educational agency.

‘‘(3) One or more of the following entities:

‘‘(A) An institution of higher education (other than

the institution described in paragraph (1)).

‘‘(B) A school or department of education at an institution of higher education.

‘‘(C) A school or college of arts and sciences (as defined

in section 201(b)) at an institution of higher education.

‘‘(D) A professional association, foundation, museum,

library, for-profit business, public or private nonprofit

organization, community-based organization, or other

entity, with the capacity to contribute to the technologyrelated reform of teacher preparation programs.

‘‘(b) APPLICATION REQUIREMENTS.—In order to receive a grant

or enter into a contract or cooperative agreement under this part,

an eligible applicant shall submit an application to the Secretary

at such time, in such manner, and containing such information

as the Secretary may require. Such application shall include the

following:

‘‘(1) A description of the proposed project, including how

the project would—

‘‘(A) ensure that individuals participating in the project

would be prepared to use advanced technology to prepare

20 USC 1042.

Grants.

Contracts.

20 USC 1041.

115 STAT. 2082 PUBLIC LAW 107–110—JAN. 8, 2002

all students, including groups of students who are underrepresented in technology-related fields and groups of students who are economically disadvantaged, to meet challenging State and local academic content and student academic achievement standards; and

‘‘(B) improve the ability of at least one participating

institution of higher education described in section

222(a)(1) to ensure such preparation.

‘‘(2) A demonstration of—

‘‘(A) the commitment, including the financial commitment, of each of the members of the consortium for the

proposed project; and

‘‘(B) the active support of the leadership of each

organization that is a member of the consortium for the

proposed project.

‘‘(3) A description of how each member of the consortium

will participate in project activities.

‘‘(4) A description of how the proposed project will be continued after Federal funds are no longer awarded under this

part for the project.

‘‘(5) A plan for the evaluation of the project, which shall

include benchmarks to monitor progress toward specific project

objectives.

‘‘(c) MATCHING REQUIREMENTS.—

‘‘(1) IN GENERAL.—The Federal share of the cost of any

project funded under this part shall not exceed 50 percent.

Except as provided in paragraph (2), the non-Federal share

of the cost of such project may be provided in cash or in

kind, fairly evaluated, including services.

‘‘(2) ACQUISITION OF EQUIPMENT.—Not more than 10 percent of the funds awarded for a project under this part may

be used to acquire equipment, networking capabilities, or infrastructure, and the non-Federal share of the cost of any such

acquisition shall be provided in cash.

‘‘SEC. 223. USE OF FUNDS.

‘‘(a) REQUIRED USES.—A consortium that receives a grant or

enters into a contract or cooperative agreement under this part

shall use funds made available under this part for—

‘‘(1) a project creating one or more programs that prepare

prospective teachers to use advanced technology to prepare

all students, including groups of students who are underrepresented in technology-related fields and groups of students

who are economically disadvantaged, to meet challenging State

and local academic content and student academic achievement

standards; and

‘‘(2) evaluating the effectiveness of the project.

‘‘(b) PERMISSIBLE USES.—The consortium may use funds made

available under this part for a project, described in the application

submitted by the consortium under this part, that carries out the

purpose of this part, such as the following: ‘‘(1) Developing and implementing high-quality teacher

preparation programs that enable educators—

‘‘(A) to learn the full range of resources that can be

accessed through the use of technology;

‘‘(B) to integrate a variety of technologies into curricula

and instruction in order to expand students’ knowledge;

20 USC 1043.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2083

‘‘(C) to evaluate educational technologies and their

potential for use in instruction; ‘‘(D) to help students develop their technical skills;

and

‘‘(E) to use technology to collect, manage, and analyze

data to improve teaching and decisionmaking.

‘‘(2) Developing alternative teacher development paths that

provide elementary schools and secondary schools with wellprepared, technology-proficient educators.

‘‘(3) Developing achievement-based standards and assessments aligned with the standards to measure the capacity

of prospective teachers to use technology effectively in their

classrooms.

‘‘(4) Providing technical assistance to entities carrying out

other teacher preparation programs.

‘‘(5) Developing and disseminating resources and information in order to assist institutions of higher education to prepare

teachers to use technology effectively in their classrooms.

‘‘(6) Subject to section 222(c)(2), acquiring technology equipment, networking capabilities, infrastructure, software, and digital curricula to carry out the project.

‘‘SEC. 224. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

part such sums as may be necessary for each of fiscal years 2002

and 2003.’’.

SEC. 1052. CONTINUATION OF AWARDS.

Notwithstanding any other provision of this Act or the

Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301

et seq.), in the case of a person or entity that was awarded a

grant, relating to preparing tomorrow’s teachers to use technology,

that was made pursuant to section 3122 of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 6832) prior to the

date of enactment of this Act, the Secretary of Education shall

continue to provide funds in accordance with the terms of such

award until the date on which the award period terminates.

PART F—GENERAL EDUCATION PROVISIONS

ACT

SEC. 1061. STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION,

AND ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS.

Section 445(b) of the General Education Provisions Act (20

U.S.C. 1232h(b)) is amended—

(1) by striking paragraphs (1) through (7) and inserting

the following new paragraphs:

‘‘(1) political affiliations or beliefs of the student or the

student’s parent;

‘‘(2) mental or psychological problems of the student or

the student’s family;

‘‘(3) sex behavior or attitudes;

‘‘(4) illegal, anti-social, self-incriminating, or demeaning

behavior;

‘‘(5) critical appraisals of other individuals with whom

respondents have close family relationships;

20 USC 6301

note.

20 USC 1044.

115 STAT. 2084 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(6) legally recognized privileged or analogous relationships,

such as those of lawyers, physicians, and ministers;

‘‘(7) religious practices, affiliations, or beliefs of the student

or student’s parent; or

‘‘(8) income (other than that required by law to determine

eligibility for participation in a program or for receiving financial assistance under such program),’’;

(2) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and

(3) by inserting after subsection (b) the following new subsection:

‘‘(c) DEVELOPMENT OF LOCAL POLICIES CONCERNING STUDENT

PRIVACY, PARENTAL ACCESS TO INFORMATION, AND ADMINISTRATION

OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS.—

‘‘(1) DEVELOPMENT AND ADOPTION OF LOCAL POLICIES.—

Except as provided in subsections (a) and (b), a local educational

agency that receives funds under any applicable program shall

develop and adopt policies, in consultation with parents,

regarding the following:

‘‘(A)(i) The right of a parent of a student to inspect,

upon the request of the parent, a survey created by a

third party before the survey is administered or distributed

by a school to a student; and

‘‘(ii) any applicable procedures for granting a request

by a parent for reasonable access to such survey within

a reasonable period of time after the request is received.

‘‘(B) Arrangements to protect student privacy that are

provided by the agency in the event of the administration

or distribution of a survey to a student containing one

or more of the following items (including the right of a

parent of a student to inspect, upon the request of the

parent, any survey containing one or more of such items):

‘‘(i) Political affiliations or beliefs of the student

or the student’s parent.

‘‘(ii) Mental or psychological problems of the student or the student’s family.

‘‘(iii) Sex behavior or attitudes.

‘‘(iv) Illegal, anti-social, self-incriminating, or

demeaning behavior.

‘‘(v) Critical appraisals of other individuals with

whom respondents have close family relationships.

‘‘(vi) Legally recognized privileged or analogous

relationships, such as those of lawyers, physicians, and

ministers.

‘‘(vii) Religious practices, affiliations, or beliefs of

the student or the student’s parent.

‘‘(viii) Income (other than that required by law

to determine eligibility for participation in a program

or for receiving financial assistance under such program).

‘‘(C)(i) The right of a parent of a student to inspect,

upon the request of the parent, any instructional material

used as part of the educational curriculum for the student;

and

‘‘(ii) any applicable procedures for granting a request

by a parent for reasonable access to instructional material

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2085

within a reasonable period of time after the request is

received. ‘‘(D) The administration of physical examinations or

screenings that the school or agency may administer to

a student.

‘‘(E) The collection, disclosure, or use of personal

information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose),

including arrangements to protect student privacy that

are provided by the agency in the event of such collection,

disclosure, or use.

‘‘(F)(i) The right of a parent of a student to inspect,

upon the request of the parent, any instrument used in

the collection of personal information under subparagraph

(E) before the instrument is administered or distributed

to a student; and

‘‘(ii) any applicable procedures for granting a request

by a parent for reasonable access to such instrument within

a reasonable period of time after the request is received.

‘‘(2) PARENTAL NOTIFICATION.—

‘‘(A) NOTIFICATION OF POLICIES.—The policies developed by a local educational agency under paragraph (1)

shall provide for reasonable notice of the adoption or continued use of such policies directly to the parents of students

enrolled in schools served by that agency. At a minimum,

the agency shall—

‘‘(i) provide such notice at least annually, at the

beginning of the school year, and within a reasonable

period of time after any substantive change in such

policies; and

‘‘(ii) offer an opportunity for the parent (and for

purposes of an activity described in subparagraph

(C)(i), in the case of a student of an appropriate age,

the student) to opt the student out of participation

in an activity described in subparagraph (C).

‘‘(B) NOTIFICATION OF SPECIFIC EVENTS.—The local educational agency shall directly notify the parent of a student,

at least annually at the beginning of the school year, of

the specific or approximate dates during the school year

when activities described in subparagraph (C) are scheduled, or expected to be scheduled.

‘‘(C) ACTIVITIES REQUIRING NOTIFICATION.—The following activities require notification under this paragraph:

‘‘(i) Activities involving the collection, disclosure,

or use of personal information collected from students

for the purpose of marketing or for selling that information (or otherwise providing that information to others

for that purpose).

‘‘(ii) The administration of any survey containing

one or more items described in clauses (i) through

(viii) of paragraph (1)(B).

‘‘(iii) Any nonemergency, invasive physical examination or screening that is—

‘‘(I) required as a condition of attendance;

‘‘(II) administered by the school and scheduled

by the school in advance; and

115 STAT. 2086 PUBLIC LAW 107–110—JAN. 8, 2002

‘‘(III) not necessary to protect the immediate

health and safety of the student, or of other students.

‘‘(3) EXISTING POLICIES.—A local educational agency need

not develop and adopt new policies if the State educational

agency or local educational agency has in place, on the date

of enactment of the No Child Left Behind Act of 2001, policies

covering the requirements of paragraph (1). The agency shall

provide reasonable notice of such existing policies to parents

and guardians of students, in accordance with paragraph (2).

‘‘(4) EXCEPTIONS.—

‘‘(A) EDUCATIONAL PRODUCTS OR SERVICES.—Paragraph

(1)(E) does not apply to the collection, disclosure, or use

of personal information collected from students for the

exclusive purpose of developing, evaluating, or providing

educational products or services for, or to, students or

educational institutions, such as the following:

‘‘(i) College or other postsecondary education

recruitment, or military recruitment.

‘‘(ii) Book clubs, magazines, and programs providing access to low-cost literary products.

‘‘(iii) Curriculum and instructional materials used

by elementary schools and secondary schools.

‘‘(iv) Tests and assessments used by elementary

schools and secondary schools to provide cognitive,

evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other

statistically useful data for the purpose of securing

such tests and assessments) and the subsequent analysis and public release of the aggregate data from

such tests and assessments.

‘‘(v) The sale by students of products or services

to raise funds for school-related or education-related

activities.

‘‘(vi) Student recognition programs.

‘‘(B) STATE LAW EXCEPTION.—The provisions of this

subsection—

‘‘(i) shall not be construed to preempt applicable

provisions of State law that require parental notification; and

‘‘(ii) do not apply to any physical examination or

screening that is permitted or required by an applicable

State law, including physical examinations or

screenings that are permitted without parental

notification.

‘‘(5) GENERAL PROVISIONS.—

‘‘(A) RULES OF CONSTRUCTION.—

‘‘(i) This section does not supersede section 444.

‘‘(ii) Paragraph (1)(D) does not apply to a survey

administered to a student in accordance with the

Individuals with Disabilities Education Act (20 U.S.C.

1400 et seq.).

‘‘(B) STUDENT RIGHTS.—The rights provided to parents

under this section transfer to the student when the student

turns 18 years old, or is an emancipated minor (under

an applicable State law) at any age.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2087

‘‘(C) INFORMATION ACTIVITIES.—The Secretary shall

annually inform each State educational agency and each

local educational agency of the educational agency’s obligations under this section and section 444.

‘‘(D) FUNDING.—A State educational agency or local

educational agency may use funds provided under part

A of title V of the Elementary and Secondary Education

Act of 1965 to enhance parental involvement in areas

affecting the in-school privacy of students.

‘‘(6) DEFINITIONS.—As used in this subsection: ‘‘(A) INSTRUCTIONAL MATERIAL.—The term ‘instructional material’ means instructional content that is provided to a student, regardless of its format, including

printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such

as materials accessible through the Internet). The term

does not include academic tests or academic assessments. ‘‘(B) INVASIVE PHYSICAL EXAMINATION.—The term

‘invasive physical examination’ means any medical examination that involves the exposure of private body parts,

or any act during such examination that includes incision,

insertion, or injection into the body, but does not include

a hearing, vision, or scoliosis screening.

‘‘(C) LOCAL EDUCATIONAL AGENCY.—The term ‘local

educational agency’ means an elementary school, secondary

school, school district, or local board of education that

is the recipient of funds under an applicable program,

but does not include a postsecondary institution.

‘‘(D) PARENT.—The term ‘parent’ includes a legal

guardian or other person standing in loco parentis (such

as a grandparent or stepparent with whom the child lives,

or a person who is legally responsible for the welfare of

the child).

‘‘(E) PERSONAL INFORMATION.—The term ‘personal

information’ means individually identifiable information

including—

‘‘(i) a student or parent’s first and last name;

‘‘(ii) a home or other physical address (including

street name and the name of the city or town);

‘‘(iii) a telephone number; or

‘‘(iv) a Social Security identification number.

‘‘(F) STUDENT.—The term ‘student’ means any

elementary school or secondary school student.

‘‘(G) SURVEY.—The term ‘survey’ includes an evaluation.’’.

SEC. 1062. TECHNICAL CORRECTIONS.

The General Education Provisions Act (20 U.S.C. 1221 et seq.)

is amended as follows:

(1) SECTION 431.—Section 422 (the second place it appears)

(20 U.S.C. 1231a), relating to collection and dissemination of

information, is redesignated as section 431.

(2) SECTION 441.—Section 3501(c) of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School

Improvement Amendments of 1988 (102 Stat. 357) is amended

by striking ‘‘through ‘such Act)’ ’’ and inserting ‘‘through ‘Act

of 1965’ ’’, effective as of the date of enactment of that law.

20 USC 1232d.

115 STAT. 2088 PUBLIC LAW 107–110—JAN. 8, 2002

(3) SECTION 444.—Section 444 (20 U.S.C. 1232g) is

amended—

(A) in subsection (a)(1), by moving subparagraph (B)

four ems to the left;

(B) in subsection (b)(1)(J), by moving subparagraph

(J)(i) and clause (ii) of subparagraph (J) each two ems

to the left;

(C) in the undesignated text following subsection

(b)(1)(J)(ii), by striking ‘‘clause (E)’’ and inserting ‘‘subparagraph (E)’’; and

(D) in subsection (b), by moving paragraph (7)(A) and

subparagraph (B) of paragraph (7) each two ems to the

left.

(4) SECTION 447.—Section 447(b) (20 U.S.C. 1232j(b)) is

amended by striking ‘‘et seq.’’. (5) SECTION 475.—Section 475(b)(2) (20 U.S.C. 1235d) is

amended by striking ‘‘section 4703(3)’’ and inserting ‘‘section

473(3)’’. (6) SECTION 477.—Section 477 (20 U.S.C. 1235f) is amended

by striking ‘‘section 4702’’ and inserting ‘‘472’’.

PART G—MISCELLANEOUS OTHER STATUTES

SEC. 1071. TITLE 5 OF THE UNITED STATES CODE.

(a) COMPENSATION.—Section 5314 of title 5, United States Code,

is amended by adding at the end the following: ‘‘Under Secretary of Education’’. (b) EFFECTIVE DATE.—This section shall take effect on the

first day of the first pay period on or after the date of enactment

of this Act.

SEC. 1072. DEPARTMENT OF EDUCATION ORGANIZATION ACT.

(a) COORDINATOR FOR THE OUTLYING AREAS.—Title II of the

Department of Education Organization Act (20 U.S.C. 3411 et seq.)

is amended by adding at the end the following new section:

‘‘COORDINATOR FOR THE OUTLYING AREAS

‘‘SEC. 220. (a) ESTABLISHMENT.—The Secretary shall designate

an office of the Department to coordinate the activities of the

Department as they relate to the outlying areas.

‘‘(b) APPOINTMENT.—Not later than 90 days after the date of

enactment of the No Child Left Behind Act of 2001, the head

of the office designated under subsection (a) shall appoint a coordinator for the outlying areas, who shall be a person with substantial

experience in the operation of Federal programs in the outlying

areas.

‘‘(c) DUTIES.—The coordinator for the outlying areas shall—

‘‘(1) serve as the principal advisor to the Department on

Federal matters affecting the outlying areas;

‘‘(2) evaluate, on a periodic basis, the needs of education

programs in the outlying areas;

‘‘(3) assist with the coordination of programs that serve

the outlying areas; and

‘‘(4) provide guidance to programs within the Department

that serve the outlying areas.

‘‘(d) OUTLYING AREAS DEFINED.—As used in this section, the

term ‘outlying areas’ includes Guam, the Virgin Islands, American

20 USC 3427.

5 USC 5314 note.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2089

Samoa, and the Commonwealth of the Northern Marianas Islands,

but does not include the freely associated states of the Republic

of the Marshall Islands, the Federated States of Micronesia, and

the Republic of Palau.’’.

(b) RENAMING OF OFFICE.—The Department of Education

Organization Act (20 U.S.C. 3401 et seq.) is amended by striking

‘‘Office of Bilingual Education and Minority Languages Affairs’’ and ‘‘Office of Bilingual Education’’ each place either such term

appears and inserting ‘‘Office of English Language Acquisition,

Language Enhancement, and Academic Achievement for Limited

English Proficient Students’’. (c) CLERICAL AMENDMENTS.—The Department of Education

Organization Act (20 U.S.C. 3401 et seq.) is amended as follows:

(1) TABLE OF CONTENTS.—The table of contents in section

1 (20 U.S.C. 3401 note) is amended— (A) by amending the item relating to section 209 to

read as follows:

‘‘Sec. 209. Office of English Language Acquisition, Language Enhancement, and

Academic Achievement for Limited English Proficient Students.’’;

(B) by amending the item relating to section 216 to

read as follows:

‘‘Sec. 216. Office of English Language Acquisition, Language Enhancement, and

Academic Achievement for Limited English Proficient Students.’’; and

(C) by inserting after the item relating to section 217

the following new items:

‘‘Sec. 218. Office of Educational Technology.

‘‘Sec. 219. Liaison for Proprietary Institutions of Higher Education.

‘‘Sec. 220. Coordinator for the Outlying Areas.’’.

(2) SECTION HEADINGS.—

(A) SECTION 209.—The section heading for section 209

of the Department of Education Organization Act (20 U.S.C.

3420) is amended to read as follows:

‘‘OFFICE OF ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT FOR LIMITED ENGLISH PROFICIENT STUDENTS’’.

(B) SECTION 216.—The section heading for section 216

of the Department of Education Organization Act (20 U.S.C.

3423d) is amended to read as follows:

‘‘SEC. 216. OFFICE OF ENGLISH LANGUAGE ACQUISITION, LANGUAGE

ENHANCEMENT, AND ACADEMIC ACHIEVEMENT FOR LIMITED ENGLISH PROFICIENT STUDENTS.’’.

(d) CONFORMING AMENDMENTS.—Sections 209 and 216 of the

Department of Education Organization Act (20 U.S.C. 3420, 3423d)

are amended by striking ‘‘Director of Bilingual Education and

Minority Languages Affairs’’ each place such term appears and

inserting ‘‘Director of English Language Acquisition, Language

Enhancement, and Academic Achievement for Limited English Proficient Students’’. (e) TECHNICAL CORRECTIONS.—

(2) SECTION 202.—Paragraph (3) of section 202(b) (20 U.S.C.

3412(b)(3)), relating to the Assistant Secretary for Educational

Research and Improvement (as added by section 913(2) of the

Goals 2000: Educate America Act (108 Stat. 223)), is redesignated as paragraph (4).

20 USC 3420,

3423d, 3473.

115 STAT. 2090 PUBLIC LAW 107–110—JAN. 8, 2002

(3) SECTION 218.—Section 216 (the second place it appears)

(20 U.S.C. 3425), relating to the Office of Educational Technology (as added by section 233(a) of the Goals 2000: Educate

America Act (108 Stat. 154), is redesignated as section 218.

SEC. 1073. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999.

Section 4(b) of the Education Flexibility Partnership Act of

1999 (20 U.S.C. 5891b(b)) is amended to read as follows: ‘‘(b) INCLUDED PROGRAMS.—The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements

for programs that are authorized under the following provisions

and under which the Secretary provides funds to State educational

agencies on the basis of a formula: ‘‘(1) The following provisions of the Elementary and Secondary Education Act of 1965: ‘‘(A) Part A (other than sections 1111 and 1116), subpart 3 of part B, and parts C, D, and F of title I. ‘‘(B) Subparts 2 and 3 of part A of title II.

‘‘(C) Subpart 1 of part D of title II.

‘‘(D) Subpart 4 of part B of title III, if the funding

trigger in section 3001 of such Act is not reached. ‘‘(E) Subpart 1 of part A of title IV.

‘‘(F) Part A of title V. ‘‘(2) The Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).’’.

SEC. 1074. EDUCATIONAL RESEARCH, DEVELOPMENT, DISSEMINATION,

AND IMPROVEMENT ACT OF 1994.

The Educational Research, Development, Dissemination, and

Improvement Act of 1994 (20 U.S.C. 6001 et seq.) is amended

by adding after part I the following new part:

‘‘PART J—CERTAIN MULTIYEAR GRANTS AND

CONTRACTS

‘‘SEC. 995. CONTINUATION OF AWARDS.

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,

from funds appropriated under subsection (b), the Secretary—

‘‘(1) shall continue to fund any multiyear grant or contract

awarded under section 3141 and parts A and C of title XIII

of the Elementary and Secondary Education Act of 1965 (as

such provisions were in effect on the day preceding the date

of enactment of the No Child Left Behind Act of 2001), for

the duration of that multiyear award in accordance with its

terms; and

‘‘(2) may extend, on a year-to-year basis, any multiyear

grant or contract awarded under an authority described in

paragraph (1) that expires after the enactment of the No Child

Left Behind Act of 2001, but before the enactment of successor

authority to this Act.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for each fiscal year such sums as may be necessary to carry out subsection (a).’’.

SEC. 1075. NATIONAL CHILD PROTECTION ACT OF 1993.

Section 5(9) of the National Child Protection Act of 1993 (42

U.S.C. 5119c(9)) is amended—

20 USC 6052.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2091

(1) in subparagraph (A)(i), by inserting ‘‘(including an individual who is employed by a school in any capacity, including

as a child care provider, a teacher, or another member of

school personnel)’’ before the semicolon at the end; and

(2) in subparagraph (B)(i), by inserting ‘‘(including an individual who seeks to be employed by a school in any capacity,

including as a child care provider, a teacher, or another member

of school personnel)’’ before the semicolon at the end.

SEC. 1076. TECHNICAL AND CONFORMING AMENDMENTS.

(a) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1997.—Section

5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C.

117b–2(d)(1)) is amended— (1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’. (b) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1987.—Section

104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987

(as incorporated by reference in section 101(j) of Public Law 99– 500 and Public Law 99–591) (2 U.S.C. 117e(3)(B)(ii)) is amended

by striking ‘‘14101’’ and inserting ‘‘9101’’. (c) NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND

TEACHING POLICY ACT OF 1977.—Section 1417(j)(1)(B) of the

National Agricultural Research, Extension, and Teaching Policy

Act of 1977 (7 U.S.C. 3152(j)(1)(B)) is amended—

(1) by striking ‘‘14101(25)’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801(25))’’.

(d) REFUGEE EDUCATION ASSISTANCE ACT OF 1980.—Section

101(1) of the Refugee Education Assistance Act of 1980 (8 U.S.C.

1522 note) is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(e) TITLE 10, UNITED STATES CODE.—Section 2194(e)(2) of title

10, United States Code, is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(f) TOXIC SUBSTANCES CONTROL ACT.—

(1) ASBESTOS.—Paragraphs (7), (9) and (12) of section 202

of the Toxic Substances Control Act (15 U.S.C. 2642) are

amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(2) RADON.—Section 302(1)(A) of the Toxic Substances Control Act (15 U.S.C. 2662(1)(A)) is amended by striking ‘‘14101’’

and inserting ‘‘9101’’.

(g) HIGHER EDUCATION ACT OF 1965.—Paragraphs (4), (5), (6),

(10), and (14) of section 103 of the Higher Education Act of 1965

(20 U.S.C. 1003) are amended by striking ‘‘14101’’ and inserting

‘‘9101’’.

(h) GENERAL EDUCATION PROVISIONS ACT.—Section 425(6) of

the General Education Provisions Act (20 U.S.C. 1226c(6)) is

amended by striking ‘‘14701’’ and inserting ‘‘9601’’.

(i) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—Section

613(f) of the Individuals with Disabilities Education Act (20 U.S.C.

1413(f)) is amended by striking paragraph (3).

(j) EDUCATION AMENDMENTS OF 1972.—Section 908(2)(B) of the

Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is amended

by striking ‘‘14101’’ and inserting ‘‘9101’’.

(k) CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION

ACT OF 1998.—Section 3 of the Carl D. Perkins Vocational and

Technical Education Act of 1998 (20 U.S.C. 2302) is amended— (1) in paragraph (5)—

115 STAT. 2092 PUBLIC LAW 107–110—JAN. 8, 2002

(A) by striking ‘‘10306’’ and inserting ‘‘5206’’; and

(B) by striking ‘‘(20 U.S.C. 8066)’’;

(2) in paragraph (8), by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(3) in paragraphs (16) and (21)—

(A) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(B) by striking ‘‘(20 U.S.C. 8801)’’.

(l) EDUCATION FOR ECONOMIC SECURITY ACT.— (1) ECONOMIC SECURITY.—Section 3(3) of the Education

for Economic Security Act (20 U.S.C. 3902) is amended— (A) in paragraph (3), by striking ‘‘198(a)(7)’’ and

inserting ‘‘9101’’;

(B) in paragraph (7), by striking ‘‘198(a)(10)’’ and

inserting ‘‘9101’’; and

(C) in paragraph (12), by striking ‘‘198(a)(17)’’ and

inserting ‘‘9101’’. (2) ASBESTOS.—Section 511 of the Education for Economic

Security Act (20 U.S.C. 4020) is amended—

(A) in paragraph (4)(A), by striking ‘‘198(a)(10)’’ and

inserting ‘‘9101’’; and

(B) in paragraph (5)(A), by striking ‘‘198(a)(7)’’ and

inserting ‘‘9101’’.

(m) JAMES MADISON MEMORIAL FELLOWSHIP ACT.—Section

815(4) of the James Madison Memorial Fellowship Act (20 U.S.C.

4514(4)) is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(n) NATIONAL ENVIRONMENTAL EDUCATION ACT.—Section 3(5)

of the National Environmental Education Act (20 U.S.C. 5502(5))

is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 3381)’’.

(o) EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999.—Section

3(1) of the Education Flexibility Partnership Act of 1999 (20 U.S.C.

5891a(1)) is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(p) DISTRICT OF COLUMBIA COLLEGE ACCESS ACT OF 1999.—

Section 3(c)(5) of the District of Columbia College Access Act of

1999 (Public Law 106–98; 113 Stat. 1323) is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(q) SCHOOL-TO-WORK OPPORTUNITIES ACT OF 1994.—Paragraph

(5) of section 502(b) of the School-to-Work Opportunities Act of

1994 (20 U.S.C. 6212(b)(5)) is amended to read as follows:

‘‘(5) parts K through N of the Educational Research,

Development, Dissemination, and Improvement Act of 1994;

and’’.

(r) NATIONAL EDUCATION STATISTICS ACT OF 1994.—Paragraphs

(4) and (6) of section 402(c) of the National Education Statistics

Act of 1994 (20 U.S.C. 9001(c)) are amended by striking ‘‘14101’’

and inserting ‘‘9101’’.

(s) ADULT EDUCATION AND FAMILY LITERACY ACT.—Section

203(13) of the Adult Education and Family Literacy Act (20 U.S.C.

9202(13)) is amended— (1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(t) INTERNAL REVENUE CODE OF 1986.—Section 1397E(d)(4)(B)

of the Internal Revenue Code of 1986 is amended by striking

‘‘14101’’ and inserting ‘‘9101’’.

(u) REHABILITATION ACT OF 1973.—

26 USC 1397E.

PUBLIC LAW 107–110—JAN. 8, 2002 115 STAT. 2093

(1) RESEARCH.—Section 202(b)(4)(A)(i) of the Rehabilitation

Act of 1973 (29 U.S.C. 762(b)(4)(A)(i)) is amended by striking

‘‘14101’’ and inserting ‘‘9101’’. (2) NONDISCRIMINATION.—Section 504(b)(2)(B) of the

Rehabilitation Act of 1973 (29 U.S.C. 794(b)(2)(B)) is amended

by striking ‘‘14101’’ and inserting ‘‘9101’’. (v) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Section

108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29

U.S.C. 2618(a)(1)(A)) is amended— (1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 2891(12))’’. (w) WORKFORCE INVESTMENT ACT OF 1998.—Paragraphs (23)

and (40) of section 101 of the Workforce Investment Act of 1998

(29 U.S.C. 2801) are amended— (1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’. (x) SAFE DRINKING WATER ACT.—Paragraphs (3)(A) and (6)

of section 1461 of the Safe Drinking Water Act (42 U.S.C. 300j–

21) are amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(y) CIVIL RIGHTS ACT OF 1964.—Section 606(2)(B) of the Civil

Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B)) is amended by

striking ‘‘14101’’ and inserting ‘‘9101’’.

(z) AGE DISCRIMINATION ACT OF 1975.—Section 309(4)(B)(ii)

of the Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii))

is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(aa) HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1989.—

Section 221(f)(3)(B)(i) of the Hazardous and Solid Waste Amendments of 1984 (42 U.S.C. 6921 note) is amended by striking

‘‘198(a)(7)’’ and inserting ‘‘9101’’.

(bb) ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP

ACT OF 1994.—Paragraphs (1), (2), and (3) of section 514 of the

Albert Einstein Distinguished Educator Fellowship Act of 1994

(42 U.S.C. 7382b) are amended by striking ‘‘14101’’ and inserting

‘‘9101’’.

(cc) EARTHQUAKE HAZARDS.—Section 2(c)(1)(A) of the Act entitled ‘‘An Act to authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and

1999, and for other purposes’’, approved October 1, 1997 (42 U.S.C.

7704 note) is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(dd) STATE DEPENDENT CARE DEVELOPMENT GRANTS ACT.—

Paragraphs (6) and (11) of section 670G of the State Dependent

Care Development Grants Act (42 U.S.C. 9877) are amended by

striking ‘‘14101’’ and inserting ‘‘9101’’.

(ee) COMMUNITY SERVICES BLOCK GRANT ACT.—Section

682(b)(4) of the Community Services Block Grant Act (42 U.S.C.

9923(b)(4)) is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(ff) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—Paragraphs (8), (14), (22), and (28) of section 101 of the National and

Community Service Act of 1990 (42 U.S.C. 12511) are amended

by striking ‘‘14101’’ and inserting ‘‘9101’’.

(gg) TELECOMMUNICATIONS ACT OF 1996.—Section 706(c)(2) of

the Telecommunications Act of 1996 (47 U.S.C. 157 note) is

amended—

115 STAT. 2094 PUBLIC LAW 107–110—JAN. 8, 2002

LEGISLATIVE HISTORY—H.R. 1 (S. 1):

HOUSE REPORTS: Nos. 107–63, Pt. 1 (Comm. on Education and the Workforce)

and 107–334 (Comm. of Conference).

SENATE REPORTS: No. 107–7 accompanying S. 1 (Comm. on Health, Education,

Labor, and Pensions).

CONGRESSIONAL RECORD, Vol. 147 (2001):

May 17, 22, 23, considered and passed House.

June 14, considered and passed Senate, amended, in lieu of S. 1.

Dec. 13, House agreed to conference report.

Dec. 17, 18, Senate considered and agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

Jan. 8, Presidential remarks.

Æ

(1) by striking ‘‘paragraphs (14) and (25), respectively, of

section 14101’’ and inserting ‘‘section 9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’. (hh) COMMUNICATIONS ACT OF 1934.—Section 254(h)(7)(A) of

the Communications Act of 1934 (47 U.S.C. 254(h)(7)(A)) is

amended—

(1) by striking ‘‘paragraphs (14) and (25), respectively, of

section 14101’’ and inserting ‘‘section 9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’. (ii) TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY.— Section 4024 of the Transportation Equity Act for the 21st Century

(49 U.S.C. 31136 note) is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

Approved January 8, 2002.