H. R. 3288—227 
through September 30, 2011, for academic year 2010–2011: Pro-
vided, That $6,597,946,000 shall be for basic grants under section 
1124 of the ESEA: Provided further, That up to $4,000,000 of 
these funds shall be available to the Secretary of Education on 
October 1, 2009, to obtain annually updated local educational- 
agency-level census poverty data from the Bureau of the Census: 
Provided further, That $1,365,031,000 shall be for concentration 
grants under section 1124A of the ESEA: Provided further, That 
$3,264,712,000 shall be for targeted grants under section 1125 
of the ESEA: Provided further, That $3,264,712,000 shall be for 
education finance incentive grants under section 1125A of the 
ESEA: Provided further, That $9,167,000 shall be to carry out 
sections 1501 and 1503 of the ESEA: Provided further, That 
$545,633,000 shall be available for school improvement grants 
under section 1003(g) of the ESEA, which shall be allocated by 
the Secretary through the formula described in section 1003(g)(2) 
and shall be used consistent with the requirements of section 
1003(g), except that State and local educational agencies may use 
such funds (and funds appropriated for section 1003(g) under the 
American Recovery and Reinvestment Act) to serve any school 
eligible to receive assistance under part A of title I that has not 
made adequate yearly progress for at least 2 years or is in the 
State’s lowest quintile of performance based on proficiency rates 
and, in the case of secondary schools, priority shall be given to 
those schools with graduation rates below 60 percent: Provided 
further, That notwithstanding section 1003(g)(5)(A), each State edu-
cational agency may establish a maximum subgrant size of not 
more than $2,000,000 for each participating school applicable to 
such funds and to the funds appropriated for section 1003(g) under 
the American Recovery and Reinvestment Act: Provided further, 
That the ESEA title I, part A funds awarded to local educational 
agencies under the American Recovery and Reinvestment Act of 
2009 for fiscal year 2009 shall not be considered for the purpose 
of calculating hold-harmless amounts under subsections 1122(c) 
and 1125A(g)(3) in making allocations under title I, part A for 
fiscal year 2010 and succeeding years and, notwithstanding section 
1003(e), shall not be considered for the purpose of reserving funds 
under section 1003(a): Provided further, That $250,000,000 shall 
be available under section 1502 of the ESEA for a comprehensive 
literacy development and education program to advance literacy 
skills, including pre-literacy skills, reading, and writing, for stu-
dents from birth through grade 12, including limited-English-pro-
ficient students and students with disabilities, of which one-half 
of 1 percent shall be reserved for the Secretary of the Interior 
for such a program at schools funded by the Bureau of Indian 
Education, one-half of 1 percent shall be reserved for grants to 
the outlying areas for such a program, $10,000,000 shall be reserved 
for formula grants to States based on each State’s relative share 
of funds under part A of title I of the ESEA for fiscal year 2009 
(excluding funds awarded under the American Recovery and 
Reinvestment Act of 2009), except that no State shall receive less 
than $150,000, to establish or support a State Literacy Team with 
expertise in literacy development and education for children from 
birth through grade 12 to assist the State in developing a com-
prehensive literacy plan, up to 5 percent may be reserved for 
national activities, and the remainder shall be used to award 
competitive grants to State educational agencies for such a program,
H. R. 3288—228 
of which a State educational agency may reserve up to 5 percent 
for State leadership activities, including technical assistance and 
training, data collection, reporting, and administration, and shall 
subgrant not less than 95 percent to local educational agencies 
or, in the case of early literacy, to local educational agencies or 
other nonprofit providers of early childhood education that partner 
with a public or private nonprofit organization or agency with 
a demonstrated record of effectiveness in improving the early lit-
eracy development of children from birth through kindergarten 
entry and in providing professional development in early literacy, 
giving priority to such agencies or other entities serving greater 
numbers or percentages of disadvantaged children: Provided further, 
That the State educational agency shall ensure that at least 15 
percent of the subgranted funds are used to serve children from 
birth through age 5, 40 percent are used to serve students in 
kindergarten through grade 5, and 40 percent are used to serve 
students in middle and high school including an equitable distribu-
tion of funds between middle and high schools: Provided further, 
That eligible entities receiving subgrants from State educational 
agencies shall use such funds for services and activities that have 
the characteristics of effective literacy instruction through profes-
sional development, screening and assessment, targeted interven-
tions for students reading below grade level and other research- 
based methods of improving classroom instruction and practice. 
IMPACT AID 
For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,276,183,000, of which 
$1,138,000,000 shall be for basic support payments under section 
8003(b), $48,602,000 shall be for payments for children with disabil-
ities under section 8003(d), $17,509,000 shall be for construction 
under section 8007(a), $67,208,000 shall be for Federal property 
payments under section 8002, and $4,864,000, to remain available 
until expended, shall be for facilities maintenance under section 
8008: Provided, That for purposes of computing the amount of 
a payment for an eligible local educational agency under section 
8003(a) for school year 2009–2010, children enrolled in a school 
of such agency that would otherwise be eligible for payment under 
section 8003(a)(1)(B) of such Act, but due to the deployment of 
both parents or legal guardians, or a parent or legal guardian 
having sole custody of such children, or due to the death of a 
military parent or legal guardian while on active duty (so long 
as such children reside on Federal property as described in section 
8003(a)(1)(B)), are no longer eligible under such section, shall be 
considered as eligible students under such section, provided such 
students remain in average daily attendance at a school in the 
same local educational agency they attended prior to their change 
in eligibility status. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities authorized by 
parts A, B, and D of title II, part B of title IV, subparts 6 and 
9 of part D of title V, parts A and B of title VI, and parts B 
and C of title VII of the Elementary and Secondary Education 
Act of 1965 (‘‘ESEA’’); the McKinney-Vento Homeless Assistance
H. R. 3288—229 
Act; section 203 of the Educational Technical Assistance Act of 
2002; the Compact of Free Association Amendments Act of 2003; 
part Z of title VIII of the Higher Education Act (‘‘HEA’’); and 
the 
Civil 
Rights 
Act 
of 
1964, 
$5,228,444,000, 
of 
which 
$3,363,993,000 shall become available on July 1, 2010, and remain 
available through September 30, 2011, and of which $1,681,441,000 
shall become available on October 1, 2010, and shall remain avail-
able through September 30, 2011, for academic year 2010–2011: 
Provided, That funds made available to carry out part B of title 
VII of the ESEA may be used for construction, renovation, and 
modernization of any elementary school, secondary school, or struc-
ture related to an elementary school or secondary school, run by 
the Department of Education of the State of Hawaii, that serves 
a predominantly Native Hawaiian student body: Provided further, 
That from the funds referred to in the preceding proviso, not less 
than $1,500,000 shall be for the activities described in such proviso 
and $1,500,000 shall be for a grant to the University of Hawaii 
School of Law for a Center of Excellence in Native Hawaiian law: 
Provided further, That from the funds referred to in the second 
preceding proviso, $500,000 shall be for part Z of title VIII of 
the HEA: Provided further, That funds made available to carry 
out part C of title VII of the ESEA may be used for construction: 
Provided further, That up to 100 percent of the funds available 
to a State educational agency under part D of title II of the ESEA 
may be used for subgrants described in section 2412(a)(2)(B) of 
such Act: Provided further, That funds made available under this 
heading for section 2421 of the ESEA may be used for activities 
authorized under section 802 of the Higher Education Opportunity 
Act: Provided further, That $56,313,000 shall be available to carry 
out section 203 of the Educational Technical Assistance Act of 
2002: Provided further, That $34,391,000 shall be available to carry 
out part D of title V of the ESEA: Provided further, That no 
funds appropriated under this heading may be used to carry out 
section 5494 under the ESEA: Provided further, That $17,687,000 
shall be available to carry out the Supplemental Education Grants 
program for the Federated States of Micronesia and the Republic 
of the Marshall Islands: Provided further, That up to 5 percent 
of these amounts may be reserved by the Federated States of 
Micronesia and the Republic of the Marshall Islands to administer 
the Supplemental Education Grants programs and to obtain tech-
nical assistance, oversight and consultancy services in the adminis-
tration of these grants and to reimburse the United States Depart-
ments of Labor, Health and Human Services, and Education for 
such services: Provided further, That $9,729,000 of the funds avail-
able for the Foreign Language Assistance Program shall be available 
for 5-year grants to local educational agencies that would work 
in partnership with one or more institutions of higher education 
to establish or expand articulated programs of study in languages 
critical to United States national security that will enable successful 
students to advance from elementary school through college to 
achieve a superior level of proficiency in those languages: Provided 
further, That of the funds available for section 2103(a) of the ESEA, 
$5,000,000 shall be available to continue a national school leader-
ship partnership initiative as described in the statement of the 
managers on the conference report accompanying this Act.
H. R. 3288—230 
INDIAN EDUCATION 
For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Edu-
cation Act of 1965, $127,282,000. 
INNOVATION AND IMPROVEMENT 
For carrying out activities authorized by part G of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, 
and D of title V, and section 1504 of the Elementary and Secondary 
Education Act of 1965 (‘‘ESEA’’), and by part F of title VIII of 
the Higher Education Act of 1965, $1,389,065,000: Provided, That 
$10,649,000 shall be provided to the National Board for Professional 
Teaching Standards to carry out section 2151(c) of the ESEA: Pro-
vided further, That from funds for subpart 4, part C of title II 
of the ESEA, up to 3 percent shall be available to the Secretary 
of Education for technical assistance and dissemination of informa-
tion: Provided further, That $671,570,000 shall be available to carry 
out part D of title V of the ESEA: Provided further, That 
$88,791,000 shall be used for the projects, and in the amounts, 
specified in the statement of the managers on the conference report 
accompanying this Act: Provided further, That $1,000,000 shall 
be for a national clearinghouse that will collect and disseminate 
information on effective educational practices and the latest 
research regarding the planning, design, financing, construction, 
improvement, operation, and maintenance of safe, healthy, high- 
performance public facilities for nursery and pre-kindergarten, 
kindergarten through grade 12, and higher education: Provided 
further, That $400,000,000 of the funds for subpart 1 of part D 
of title V of the ESEA shall be for competitive grants to local 
educational agencies, including charter schools that are local edu-
cational agencies, or States, or partnerships of: (1) a local edu-
cational agency, a State, or both; and (2) at least one non-profit 
organization to develop and implement performance-based com-
pensation systems for teachers, principals, and other personnel 
in high-need schools: Provided further, That such performance- 
based compensation systems must consider gains in student aca-
demic achievement as well as classroom evaluations conducted mul-
tiple times during each school year among other factors and provide 
educators with incentives to take on additional responsibilities and 
leadership roles: Provided further, That recipients of such grants 
shall demonstrate that such performance-based systems are devel-
oped with the input of teachers and school leaders in the schools 
and local educational agencies to be served by the grant: Provided 
further, That recipients of such grants may use such funds to 
develop or improve systems and tools (which may be developed 
and used for the entire local educational agency or only for schools 
served under the grant) that would enhance the quality and success 
of the compensation system, such as high-quality teacher evalua-
tions and tools to measure growth in student achievement: Provided 
further, That applications for such grants shall include a plan 
to sustain financially the activities conducted and systems developed 
under the grant once the grant period has expired: Provided further, 
That up to 5 percent of such funds for competitive grants shall 
be available for technical assistance, training, peer review of 
applications, program outreach and evaluation activities: Provided 
further, That of the funds available for part B of title V of the