H. R. 2764—348 
8003(b), $49,466,000 shall be for payments for children with disabil-
ities under section 8003(d), $17,820,000 shall be for construction 
under section 8007(b) and shall remain available through Sep-
tember 30, 2009, $65,350,000 shall be for Federal property pay-
ments under section 8002, and $4,950,000, 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 2007–2008, 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 
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 Act; section 203 of the 
Educational Technical Assistance Act of 2002; the Compact of Free 
Association Amendments Act of 2003; and the Civil Rights Act 
of 1964, $5,383,119,000, of which $3,763,355,000 shall become avail-
able on July 1, 2008, and remain available through September 
30, 2009, and of which $1,435,000,000 shall become available on 
October 1, 2008, and shall remain available through September 
30, 2009, for academic year 2008–2009: 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 structure 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 $1,250,000 
shall be for a grant to the Department of Education of the State 
of Hawaii for the activities described in such proviso, and $1,250,000 
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 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 $58,129,000 shall be available to carry out section 
203 of the Educational Technical Assistance Act of 2002: Provided 
further, That $33,707,000 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 $18,001,000 shall be available
H. R. 2764—349 
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 technical assistance, over-
sight and consultancy services in the administration of these grants 
and to reimburse the United States Departments of Labor, Health 
and Human Services, and Education for such services: Provided 
further, That $2,400,000 of the funds available 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. 
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, $121,690,000. 
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’’), $1,003,040,000: Provided, That 
$9,821,000 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, 
up to 3 percent shall be available to the Secretary for technical 
assistance and dissemination of information: Provided further, That 
$357,059,000 shall be available to carry out part D of title V 
of the ESEA: Provided further, That $100,573,000 of the funds 
for subpart 1, part D of title V of the ESEA shall be available 
for the projects and in the amounts specified in the explanatory 
statement described in section 4 (in the matter preceding division 
A of this consolidated Act): Provided further, That $99,000,000 
of the funds for subpart 1 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 teacher 
and principal compensation systems in high-need schools: Provided 
further, That such performance-based compensation systems must 
consider gains in student academic achievement as well as class-
room evaluations conducted multiple times during each school year 
among other factors and provide educators with incentives to take 
on additional responsibilities and leadership roles: 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, the 
Secretary shall use up to $24,783,000 to carry out activities under 
section 5205(b) and under subpart 2, and shall use not less than
H. R. 2764—350 
$190,000,000 to carry out other activities authorized under subpart 
1. 
SAFE SCHOOLS AND CITIZENSHIP EDUCATION 
For carrying out activities authorized by subpart 3 of part 
C of title II, part A of title IV, and subparts 2, 3, and 10 of 
part D of title V of the Elementary and Secondary Education 
Act of 1965 (‘‘ESEA’’), $705,733,000, of which $300,000,000 shall 
become available on July 1, 2008, and remain available through 
September 30, 2009: Provided, That $300,000,000 shall be available 
for subpart 1 of part A of title IV and $222,519,000 shall be 
available for subpart 2 of part A of title IV, of which not less 
than $1,500,000, to remain available until expended, shall be for 
the Project School Emergency Response to Violence (‘‘Project SERV’’) 
program to provide education-related services to local educational 
agencies and to institutions of higher education in which the 
learning environment has been disrupted due to a violent or trau-
matic crisis: Provided further, That Project SERV funds appro-
priated in previous fiscal years may be used to provide services 
to local educational agencies and to institutions of higher education 
in which the learning environment has been disrupted due to a 
violent or traumatic crisis: Provided further, That $150,729,000 
shall be available to carry out part D of title V of the ESEA: 
Provided further, That of the funds available to carry out subpart 
3 of part C of title II, up to $12,072,000 may be used to carry 
out section 2345 and $2,950,000 shall be used by the Center for 
Civic Education to implement a comprehensive program to improve 
public knowledge, understanding, and support of the Congress and 
the State legislatures. 
ENGLISH LANGUAGE ACQUISITION 
For carrying out part A of title III of the Elementary and 
Secondary Education Act of 1965, $712,848,000, which shall become 
available on July 1, 2008, and shall remain available through 
September 30, 2009, except that 6.5 percent of such amount shall 
be available on October 1, 2007, and shall remain available through 
September 30, 2009, to carry out activities under section 
3111(c)(1)(C). 
SPECIAL EDUCATION 
For carrying out the Individuals with Disabilities Education 
Act (‘‘IDEA’’) and the Special Olympics Sport and Empowerment 
Act of 2004, $12,181,473,000, of which $5,084,406,000 shall become 
available on July 1, 2008, and shall remain available through 
September 30, 2009, and of which $6,856,444,000 shall become 
available on October 1, 2008, and shall remain available through 
September 30, 2009, for academic year 2008–2009: Provided, That 
$13,000,000 shall be for Recording for the Blind and Dyslexic, 
Inc., to support activities under section 674(c)(1)(D) of the IDEA: 
Provided further, That $1,500,000 shall be for the recipient of 
funds provided by Public Law 105–78 under section 687(b)(2)(G) 
of the IDEA (as in effect prior to the enactment of the Individuals 
with Disabilities Education Improvement Act of 2004) to provide 
information on diagnosis, intervention, and teaching strategies for 
children with disabilities: Provided further, That the amount for
H. R. 2764—351 
section 611(b)(2) of the IDEA shall be equal to the lesser of the 
amount available for that activity during fiscal year 2007, increased 
by the amount of inflation as specified in section 619(d)(2)(B) of 
the IDEA, or the percentage increase in the funds appropriated 
under section 611(i) of the IDEA: Provided further, That nothing 
in section 674(e) of the IDEA shall be construed to establish a 
private right of action against the National Instructional Materials 
Access Center for failure to perform the duties of such center 
or otherwise authorize a private right of action related to the 
performance of such center: Provided further, That $7,500,000 shall 
be available to support the 2009 Special Olympics World Winter 
Games. 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, 
and the Helen Keller National Center Act, $3,283,929,000, of which 
$1,000,000 shall be awarded to the American Academy of Orthotists 
and Prosthetists for activities that further the purposes of the 
grant received by the Academy for the period beginning October 
1, 2003, including activities to meet the demand for orthotic and 
prosthetic provider services and improve patient care: Provided, 
That $3,155,000 of the funds for section 303 of the Rehabilitation 
Act of 1973 shall be available for the projects and in the amounts 
specified in the explanatory statement described in section 4 (in 
the matter preceding division A of this consolidated Act). 
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act of March 3, 1879, $22,000,000. 
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For the National Technical Institute for the Deaf under titles 
I and II of the Education of the Deaf Act of 1986, $60,757,000, 
of which $1,705,000 shall be for construction and shall remain 
available until expended: Provided, That from the total amount 
available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207 of such Act. 
GALLAUDET UNIVERSITY 
For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf 
Act of 1986, $115,400,000: Provided, That from the total amount 
available, the University may at its discretion use funds for the 
endowment program as authorized under section 207. 
CAREER, TECHNICAL, AND ADULT EDUCATION 
For carrying out, to the extent not otherwise provided, the 
Carl D. Perkins Career and Technical Education Act of 2006, the 
Adult Education and Family Literacy Act, subpart 4 of part D 
of title V of the Elementary and Secondary Education Act of 1965 
(‘‘ESEA’’) and title VIII–D of the Higher Education Amendments