824 
support payments under section 8003(b), $49,466,000 shall 
be for payments for children with disabilities under section 
8003(d), $17,820,000 shall be for construction under section 
8007(b) and shall remain available through September 30, 
2009, $65,350,000 shall be for Federal property payments 
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 agen-
cy under section 8003(a) for school year 2007–2008, chil-
dren enrolled in a school of such agency that would other-
wise 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 sec-
tion 8003(a)(1)(B)), are no longer eligible under such sec-
tion, shall be considered as eligible students under such sec-
tion, provided such students remain in average daily at-
tendance 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 author-
ized by title II, part B of title IV, subparts 6 and 9 of
825 
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 Edu-
cation Act of 1965 (‘‘ESEA’’); the McKinney-Vento Home-
less Assistance Act; section 203 of the Educational Tech-
nical Assistance Act of 2002; the Compact of Free Associa-
tion Amendments Act of 2003; and the Civil Rights Act of 
1964, $5,383,119,000, of which $3,763,355,000 shall become 
available on July 1, 2008, and remain available through 
September 30, 2009, and of which $1,435,000,000 shall be-
come available on October 1, 2008, and shall remain avail-
able 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 construc-
tion, renovation and modernization of any elementary 
school, secondary school, or structure related to an elemen-
tary school or secondary school, run by the Department of 
Education of the State of Hawaii, that serves a predomi-
nantly 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 Depart-
ment 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 Cen-
ter of Excellence in Native Hawaiian law: Provided further, 
That funds made available to carry out part C of title VII
826 
of the ESEA may be used for construction: Provided fur-
ther, 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 to carry out the Supple-
mental 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 Sup-
plemental Education Grants programs and to obtain tech-
nical assistance, oversight 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
827 
with one or more institutions of higher education to estab-
lish 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 Education 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: Provided 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 in-
formation: Provided further, That $357,059,000 shall be 
available to carry out part D of title V of the ESEA: Pro-
vided further, That $100,573,000 of the funds for subpart 
1, part D of title V of the ESEA shall be available for the
828 
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 competi-
tive grants to local educational agencies, including charter 
schools that are local educational agencies, or States, or 
partnerships of: (1) a local educational 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 fur-
ther, That such performance-based compensation systems 
must consider gains in student academic achievement as 
well as classroom evaluations conducted multiple times dur-
ing each school year among other factors and provide edu-
cators 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 fur-
ther, 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 $190,000,000 to carry out other activities au-
thorized under subpart 1.
829 
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 Sec-
ondary 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: Pro-
vided, 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 traumatic crisis: Pro-
vided further, That Project SERV funds appropriated 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 avail-
able 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
830 
$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 per-
cent 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
831 
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 pro-
vide information on diagnosis, intervention, and teaching 
strategies for children with disabilities: Provided further, 
That the amount for section 611(b)(2) of the IDEA shall 
be equal to the lesser of the amount available for that activ-
ity during fiscal year 2007, increased by the amount of in-
flation 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 ac-
tion related to the performance of such center: Provided fur-
ther, 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 activi-
ties that further the purposes of the grant received by the
832 
Academy for the period beginning October 1, 2003, includ-
ing 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 con-
solidated 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 con-
struction and shall remain available until expended: Pro-
vided, 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: Pro-
vided, That from the total amount available, the University
833 
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 Sec-
ondary Education Act of 1965 (‘‘ESEA’’) and title VIII– 
D of the Higher Education Amendments of 1998, 
$1,976,166,000, of which $4,077,000 shall become available 
on October 1, 2007 and remain available until September 
30, 2009, of which $1,181,089,000 shall become available 
on July 1, 2008, and shall remain available through Sep-
tember 30, 2009, and of which $791,000,000 shall become 
available on October 1, 2008, and shall remain available 
through September 30, 2009: Provided, That of the amount 
provided for Adult Education State Grants, $67,896,000 
shall be made available for integrated English literacy and 
civics education services to immigrants and other limited 
English proficient populations: Provided further, That of 
the amount reserved for integrated English literacy and 
civics education, notwithstanding section 211 of the Adult 
Education and Family Literacy Act, 65 percent shall be 
allocated to States based on a State’s absolute need as deter-
mined by calculating each State’s share of a 10-year aver-
834 
age of the United States Citizenship and Immigration Serv-
ices data for immigrants admitted for legal permanent resi-
dence for the 10 most recent years, and 35 percent allocated 
to States that experienced growth as measured by the aver-
age of the 3 most recent years for which United States Citi-
zenship and Immigration Services data for immigrants ad-
mitted for legal permanent residence are available, except 
that no State shall be allocated an amount less than 
$60,000: Provided further, That of the amounts made avail-
able for the Adult Education and Family Literacy Act, 
$7,000,000 shall be for national leadership activities under 
section 243 and $6,583,000 shall be for the National Insti-
tute for Literacy under section 242: Provided further, That 
$81,532,000 shall be available to support the activities au-
thorized under subpart 4 of part D of title V of the ESEA, 
of which up to 5 percent shall become available October 1, 
2007, and shall remain available through September 30, 
2009, for evaluation, technical assistance, school networks, 
peer review of applications, and program outreach activi-
ties, and of which not less than 95 percent shall become 
available on July 1, 2008, and remain available through 
September 30, 2009, for grants to local educational agen-
cies: Provided further, That funds made available to local 
educational agencies under this subpart shall be used only 
for activities related to establishing smaller learning com-
835 
munities within large high schools or small high schools 
that provide alternatives for students enrolled in large high 
schools. 
STUDENT FINANCIAL ASSISTANCE 
(INCLUDING RESCISSION) 
For carrying out subparts 1, 3, and 4 of part A, part 
C and part E of title IV of the Higher Education Act of 
1965, $16,114,317,000, which shall remain available 
through September 30, 2009. 
The maximum Pell Grant for which a student shall 
be eligible during award year 2008–2009 shall be $4,241. 
Of the unobligated funds available under section 
401A(e)(1)(C) of the Higher Education Act of 1965, 
$525,000,000 are rescinded. 
STUDENT AID ADMINISTRATION 
For Federal administrative expenses to carry out part 
D of title I, and subparts 1, 3, and 4 of part A, and parts 
B, C, D, and E of title IV of the Higher Education Act 
of 1965, $708,216,000, which shall remain available until 
expended. 
HIGHER EDUCATION 
For carrying out, to the extent not otherwise provided, 
titles II, III, IV, V, VI, and VII of the Higher Education 
Act of 1965 (‘‘HEA’’), section 1543 of the Higher Education 
Amendments of 1992, the Mutual Educational and Cultural
836 
Exchange Act of 1961, title VIII of the Higher Education 
Amendments of 1998, part I of subtitle A of title VI of the 
America COMPETES Act, and section 117 of the Carl D. 
Perkins Career and Technical Education Act of 2006, 
$2,057,801,000: Provided, That $9,699,000, to remain 
available through September 30, 2009, shall be available to 
fund fellowships for academic year 2009–2010 under sub-
part 1 of part A of title VII of the HEA, under the terms 
and conditions of such subpart 1: Provided further, That 
$620,000 is for data collection and evaluation activities for 
programs under the HEA, including such activities needed 
to comply with the Government Performance and Results 
Act of 1993: Provided further, That notwithstanding any 
other provision of law, funds made available in this Act 
to carry out title VI of the HEA and section 102(b)(6) of 
the Mutual Educational and Cultural Exchange Act of 1961 
may be used to support visits and study in foreign countries 
by individuals who are participating in advanced foreign 
language training and international studies in areas that 
are vital to United States national security and who plan 
to apply their language skills and knowledge of these coun-
tries in the fields of government, the professions, or inter-
national development: Provided further, That of the funds 
referred to in the preceding proviso up to 1 percent may 
be used for program evaluation, national outreach, and in-