datamatters24/research-document-archive huggingface dataset:
‘‘(4) SCHOOL
IMPROVEMENT
RESERVATION.—
In addition to the funding a local educational agency
receives under section 1003(b), a local educational
agency may reserve such funds as are necessary
under this part to meet such agency’s school im-
provement responsibilities under section 1116, in-
cluding taking corrective actions under section
1116(b)(6).
‘‘(5) FINANCIAL
INCENTIVES
AND
REWARDS
RESERVATION.—A local educational agency may re-
serve such funds as are necessary under this part to
provide financial incentives and rewards to teachers
who serve in schools eligible under subsection
(b)(1)(A) and identified for improvement under sec-
tion 1116(b)(1) for the purpose of attracting and re-
taining qualified and effective teachers.
‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.
‘‘(a) PURPOSE.—The purpose of a schoolwide pro-
gram under this section is—
‘‘(1) to enable a local educational agency to
consolidate funds under this part with other Federal,
State, and local funds, to upgrade the entire edu-
cational program in a high poverty school; and
‘‘(2) to help ensure that all children in such a
school meet challenging State standards for student
achievement, particularly those children who are
most at-risk of not meeting those standards.
‘‘(b) USE
OF
FUNDS
FOR
SCHOOLWIDE
PRO-
GRAMS.—
‘‘(1) IN GENERAL.—A local educational agency
may consolidate funds under this part, together with
other Federal, State, and local funds, in order to up-
grade the entire educational program of a school
that serves an eligible school attendance area in
which not less than 25 percent of the children are
from low-income families, or not less than 25 per-
cent of the children enrolled in the school are from
such families.
‘‘(2) IDENTIFICATION OF STUDENTS NOT RE-
QUIRED.—
‘‘(A) IN
GENERAL.—No school partici-
pating in a schoolwide program shall be re-
quired to identify particular children under this
part as eligible to participate in a schoolwide
program or to provide supplemental services to
such children.
‘‘(B) SUPPLEMENT FUNDS.—A school par-
ticipating 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 serv-
ices that are required by law for children with
disabilities and children with limited English
proficiency.
‘‘(3) EXEMPTION FROM STATUTORY AND REGU-
LATORY REQUIREMENTS.—
‘‘(A) EXEMPTION.—Except as provided in
subsection (c), the Secretary may, through pub-
lication of a notice in the Federal Register, ex-
empt schoolwide programs under this section
from statutory or regulatory provisions of any
other noncompetitive formula grant program
administered by the Secretary (other than for-
mula or discretionary grant programs under the
Individuals with Disabilities Education Act, ex-
cept 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 relat-
539
•HR 1 RH1&2
‘‘(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 per-
centage rate shall be determined to the 1⁄100 of a dec-
imal point.
‘‘(d) 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 pro-
grams 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 ad-
ministrative services with tribal elementary or sec-
ondary educational programs may be included in the
administrative cost account described in paragraph
(1).
ing to health, safety, civil rights, student and
parental participation and involvement, services
to private school children, maintenance of ef-
fort, uses of Federal funds to supplement, not
supplant non-Federal funds, or the distribution
of funds to State or local educational agencies
that apply to the receipt of funds from such
programs.
‘‘(C) RECORDS.—A school that consoli-
dates 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
it maintains records that demonstrate that the
schoolwide program, considered as a whole ad-
dresses 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
(c)(1)(D) in accordance with section 1119A for such
fiscal year, except that a school may enter into a
consortium with another school to carry out such ac-
tivities.
‘‘(c) 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 performance of children in
relation to the State content standards and the
State student achievement standards described
in section 1111(b)(1).
‘‘(B) Schoolwide reform strategies that—
‘‘(i) provide opportunities for all chil-
dren to meet the State’s proficient and ad-
vanced levels of student achievement de-
scribed in section 1111(b)(1)(D);
‘‘(ii) use effective methods and in-
structional strategies that are based upon
scientifically based research that—
‘‘(I) strengthen the core aca-
demic program in the school;
‘‘(II) increase the amount and
quality of learning time, such as pro-
542
reservations (and on former Indian reservations in
Oklahoma);
‘‘(4) provide for the development of coordinated
educational programs on Indian reservations (and on
former Indian reservations in Oklahoma) (including
all preschool, elementary, secondary, and higher or
vocational educational programs funded by tribal,
Federal, or other sources) by encouraging tribal ad-
ministrative support of all Bureau funded edu-
cational programs as well as encouraging tribal co-
operation and coordination with all educational pro-
grams receiving financial support from State agen-
cies, other Federal agencies, or private entities;
‘‘(5) provide for the development and enforce-
ment of tribal educational codes, including tribal
educational policies and tribal standards applicable
to curriculum, personnel, students, facilities, and
support programs; and
‘‘(6) otherwise comply with regulations for
grants under section 103(a) of the Indian Self-De-
termination and Educational Assistance Act that are
in effect on the date that application for such grants
are made.
‘‘(c) PRIORITIES.—
viding 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 meet-
ing the educational needs of histori-
cally underserved populations;
‘‘(iii)(I) address the needs of all chil-
dren in the school, but particularly the
needs of low-achieving children and those
at risk of not meeting the State student
achievement standards who are members
of the target population of any program
that is included in the schoolwide program;
and
‘‘(II) address how the school will de-
termine if such needs have been met; and
‘‘(iv) are consistent with, and are de-
signed to implement, the State and local
improvement plans, if any.
‘‘(C) Instruction by fully qualified (as de-
fined in section 8101) teachers.
‘‘(D) In accordance with section 1119A
and subsection (b)(4), high quality and ongoing
professional development for teachers and para-
professionals, and, where appropriate, pupil
services personnel, parents, principals, and
other staff to enable all children in the school
to meet the State’s student achievement stand-
ards.
‘‘(E) Strategies to attract quality teachers
to high need schools, such as differential pay
systems or performance based pay.
‘‘(F) Strategies to increase parental in-
volvement 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.
‘‘(H) Measures to include teachers in the
decisions regarding the use of assessments de-
scribed in section 1111(b)(4) in order to pro-
vide information on, and to improve, the per-
formance of individual students and the overall
instructional program.
‘‘(I) Activities to ensure that students who
experience difficulty mastering the proficient or
advanced levels of performance standards re-
quired by section 1111(b) 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.
‘‘(2) PLAN.—Any eligible school that desires to
operate a schoolwide program shall first develop (or
amend a plan for such a program that was in exist-
ence on the day before the date of the enactment of
the No Child Left Behind Act of 2001, a com-
prehensive plan for reforming the total instructional
program in the school that—
‘‘(A) incorporates the components de-
scribed in paragraph (1);
‘‘(B) describes how the school will use re-
sources under this part and from other sources
to implement those components; and
‘‘(C) includes a list of State and local edu-
cational agency programs and other Federal
programs under subsection (b)(4) that will be
consolidated in the schoolwide program.
‘‘(3) PLAN
DEVELOPMENT.—The comprehen-
sive plan shall be—
‘‘(A) developed during a 1-year period,
unless—
‘‘(i) the local educational agency de-
termines that less time is needed to de-
velop and implement the schoolwide pro-
gram; or
‘‘(ii) the school operated a schoolwide
program on the day preceding the date of
the 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
under such Act to reflect the provisions of
this section;
‘‘(B) developed with the involvement of the
community to be served and individuals who
will carry out such plan, including teachers,
principals, administrators (including adminis-
trators of programs described in other parts of
this title), if appropriate pupil services per-
sonnel, school staff and parents, and, if the
plan relates to a secondary school, students
from such school;
‘‘(C) in effect for the duration of the
school’s participation under this part and re-
viewed and revised, as necessary, by the school;
‘‘(D) available to the local educational
agency, parents, and the public, and the infor-
mation contained in such plan shall be provided
in a format, and to the extent practicable, in a
language that they can understand; and
‘‘(E) if appropriate, developed in coordina-
tion with programs under Reading First, Early
Reading First, Even Start, Carl D. Perkins Vo-
cational and Technical Education Act of 1998,
and the Head Start Act.
‘‘(d) 
ACCOUNTABILITY.—A 
schoolwide 
program
under this section shall be subject to the school improve-
ment provisions of section 1116.
‘‘(e) PREKINDERGARTEN PROGRAM.—A school that
is eligible for a schoolwide program under this section may
use funds made available under this title to establish or
enhance prekindergarten programs for 3-, 4-, and 5-year-
old children, such as Even Start programs or Early Read-
ing First programs.
‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
‘‘(a) IN GENERAL.—In all schools selected to receive
funds under section 1113(f) that are ineligible for a
schoolwide program under section 1114, or that choose
not to operate such a schoolwide program, a local edu-
cational agency 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) 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 where the local educational agency pro-
vides a free public education.
‘‘(B) From the population described in subpara-
graph (A), eligible children are children identified by
the school as failing, or most at risk of failing, to
meet the State’s challenging student achievement
standards on the basis of assessments under this
part, and, as appropriate, 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 may be selected solely on the basis
of such criteria as teacher judgment, interviews with
parents, and other appropriate measures.
‘‘(2) CHILDREN
INCLUDED.—(A)(i) Children
with disabilities, migrant children, and children with
limited English proficiency are eligible for services
under this part on the same basis as other children.
‘‘(ii) Funds received under this part may not be
used to provide services that are otherwise required
by law to be made available to such children but
may be used to coordinate or supplement such serv-
ices.
‘‘(B) 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 pro-
gram, Early Reading First, or in preschool services
under this title, is eligible for services under this
part.
‘‘(C)(i) 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.
‘‘(ii) A child in a local institution for neglected
or delinquent children or attending a community day
program for such children is eligible for services
under this part.
‘‘(D) A child who is homeless and attending any
school in the local educational agency is eligible for
services under this part.
‘‘(c) COMPONENTS
OF
A TARGETED ASSISTANCE
SCHOOL PROGRAM.—
‘‘(1) IN GENERAL.—To assist targeted assist-
ance schools and local educational agencies to meet
their responsibility to provide for all their students
served under this title the opportunity to meet the
State’s challenging student 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 achievement
standards expected for all children;
‘‘(B) ensure that planning for students
served under this part is incorporated into ex-
isting school planning;
‘‘(C) use effective methods and instruc-
tional strategies that are based upon scientif-
ically based research that strengthens the core
academic program of the school and that—
‘‘(i) give primary consideration to pro-
viding extended learning time such as an
extended school year, before- and after-
school, and summer programs and oppor-
tunities;
‘‘(ii) help provide an accelerated, high-
quality curriculum, including applied learn-
ing; 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 reg-
ular education program, which may include
services to assist preschool children in the tran-
sition from early childhood programs or Early
Reading First programs to elementary school
programs;
‘‘(E) provide instruction by fully qualified
teachers as defined in section 8101;
‘‘(F) in accordance with subsection (e)(3)
and section 1119A, provide opportunities for
professional development with resources pro-
vided under this part, and, to the extent prac-
ticable, from other sources, for teachers, prin-
cipals, and administrators and other school
staff, including, if appropriate, pupil services
personnel, who work with participating children
in programs under this section or in the regular
education program; and
‘‘(G) provide strategies to increase paren-
tal involvement in accordance with section
1118, such as family literacy services.
‘‘(2) REQUIREMENTS.—Each school conducting
a program under this section shall assist partici-
pating children selected in accordance with sub-
section (b) to meet the State’s proficient and ad-
vanced levels of achievement by—
‘‘(A) the coordination 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
achievement standards, such as an extended
school year, before- and after-school, and sum-
mer programs and opportunities, training for
teachers regarding how to identify students that
require additional assistance, and training for
teachers regarding how to implement student
achievement standards in the classroom.
‘‘(d) INTEGRATION
OF PROFESSIONAL DEVELOP-
MENT.—To promote the integration of staff supported
with funds under this part, public school personnel who
are paid with funds received under this part may partici-
pate in general professional development and school plan-
ning activities.
‘‘(e) SPECIAL RULES.—
‘‘(1) SIMULTANEOUS SERVICE.—Nothing in this
section shall be construed to prohibit a school from
serving students served under this section simulta-
neously with students with similar educational
needs, in the same educational settings where appro-
priate.
‘‘(2) COMPREHENSIVE
SERVICES.—If 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 pro-
viders, and if 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—
‘‘(A) the provision of basic medical equip-
ment, such as eyeglasses and hearing aids; and
‘‘(B) 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 ef-
fectively the professional development activities de-
scribed in subparagraph (F) of subsection (c)(1) in
accordance with section 1119A for such fiscal year,
except that a school may enter into a consortium
with another school to carry out such activities.
‘‘SEC. 1115A. SCHOOL CHOICE.
‘‘(a) CHOICE PROGRAMS.—A local educational agen-
cy may use funds under this part, in combination with
State, local, and private funds, to develop and implement
public school choice programs, for children eligible for as-
sistance under this part, which permit parents to select
the public school that their child will attend.
‘‘(b) CHOICE PLAN.—A local educational agency that
chooses to implement a public school choice program shall
first develop a plan that includes assurances that—
564
•HR 1 RH1&2
‘‘(A)(i) that lists of qualified and inter-
viewed applicants for education positions be
maintained in each agency and area office of the
Bureau from among individuals who have ap-
plied 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;
and
‘‘(ii) that a list of qualified and interviewed
applicants for education positions be maintained
in the Office from among individuals who have
applied at the national level for an education
position and who have expressed interest in
working in an education position anywhere in
the United States;
‘‘(B) that a local school board shall have the
authority to waive on a case-by-case basis, any
formal education or degree qualifications estab-
lished by regulation pursuant to subsection
(b)(2), in order for a tribal member to be hired
in an education position to teach courses on trib-
al culture and language and that subject to sub-
section (e)(2), a determination by a school board
783
•HR 1 RH1&2
‘‘(B) how such technology will be used to
improve the academic achievement for such stu-
dents.
‘‘(4) A description of how the applicant will
promote—
‘‘(A) the utilization of teaching strategies
and curricula, based on scientifically based re-
search, which effectively integrate technology into
instruction, leading to improvements in student
academic achievement as measured by chal-
lenging State academic content and student aca-
demic achievement standards; and
‘‘(B) sustained and intensive, high-quality
professional development consistent with section
2033 (as applicable), based on scientifically
based research, which increases teacher and prin-
cipal capacity to create improved learning envi-
ronments through the integration of technology
into instruction through proven strategies and
improved content as described in subparagraph
(A).
‘‘(5) A description of how the applicant will in-
tegrate technology across the curriculum and a time
line for such integration, including a description of
how the applicant will make effective use of new and
•HR 1 RH1&2 
OF DROPPING OUT.—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 4 succeeding fiscal years. 
‘‘(e) COMPREHENSIVE SCHOOL REFORM.—For the 
purpose of carrying out part F, there are authorized to be 
appropriated $260,000,000 for fiscal year 2002 and such 
sums as may be necessary for each of the 4 succeeding fiscal 
years. 
‘‘(f) RURAL EDUCATION.—For the purpose of carrying 
out part G, there are authorized to be appropriated 
$300,000,000 for fiscal year 2002 and such sums as may 
be necessary for each of 4 succeeding fiscal years to be dis-
tributed equally between subparts 1 and 2. 
‘‘(g) CAPITAL EXPENSES.—For the purpose of car-
rying out section 1120(e), there are authorized to be appro-
priated $6,000,000 for fiscal year 2002, and such sums as 
may be necessary for fiscal year 2003. 
‘‘(h) FEDERAL ACTIVITIES.— 
‘‘(1) SECTIONS 1501 AND 1502.—(A) For the pur-
pose of carrying out section 1501, there are author-
ized to be appropriated $9,000,000 for fiscal year 
2002 and such sums as may be necessary for each of 
the 4 succeeding fiscal years. 
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