744 
•HR 1 RH1&2 
to a local educational agency under this subpart, 
law enforcement and security activities, includ-
ing— 
‘‘(i) acquisition and installation of 
metal detectors; 
‘‘(ii) hiring and training of security 
personnel, that are related to youth drug 
and violence prevention; 
‘‘(iii) reporting of criminal offenses on 
school property; and 
‘‘(iv) development of comprehensive 
school security assessments; 
‘‘(E) expanding and improving school-based 
mental health services, including early identi-
fication of violence and illegal drug use, assess-
ment, and direct individual or group counseling 
services provided to students, parents, and school 
personnel by qualified school based mental health 
services personnel; 
‘‘(F) establishing and maintaining peer me-
diation programs that include educating and 
training peer mediators and a designated faculty 
supervisor and purchasing necessary materials 
to facilitate training and the mediation process; 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00744
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
745 
•HR 1 RH1&2 
‘‘(G) alternative education programs or 
services that reduce the need for suspensions or 
expulsions or programs or services for students 
who have been expelled or suspended from the 
regular educational settings, including programs 
or services to assist students to reenter the reg-
ular education setting upon return from treat-
ment or alternative education programs; 
‘‘(H) counseling, mentoring, and referral 
services, and other student assistance practices 
and programs, including assistance provided by 
qualified school based mental health services per-
sonnel and the training of teachers by school- 
based mental health service providers in appro-
priate identification and intervention techniques 
for students, at risk of violent behavior and drug 
use; 
‘‘(I) activities that reduce truancy; 
‘‘(J) age appropriate, developmentally based 
violence prevention and education programs that 
address the legal, health, personal, and social 
consequences of illegal drug use and violent and 
disruptive behavior and that include activities 
designed to help students develop a sense of indi-
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00745
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
746 
•HR 1 RH1&2 
vidual responsibility and respect for the rights of 
others, and to resolve conflicts without violence; 
‘‘(K) providing guidance to students that 
encourages students to seek advice for anxiety, 
threats of violence, or actual violence and to con-
fide in a trusted adult regarding an uncomfort-
able or threatening situation; 
‘‘(L) the development of educational pro-
grams that prevent school based crime, including 
preventing crimes motivated by hate that result 
in acts of physical violence at school and any 
programs or published materials that address 
school based crime shall not recommend or re-
quire any action that abridges or infringes upon 
the constitutionally protected rights of free 
speech, religion, and equal protection of students, 
their parents, or legal guardians; 
‘‘(M) testing students for illegal drug use or 
conducting student locker searches for illegal 
drugs or drug paraphernalia consistent with the 
4th amendment to the Constitution; 
‘‘(N) emergency intervention services fol-
lowing traumatic crisis events, such as a shoot-
ing, major accident, or a drug-related incident, 
that has disrupted the learning environment; 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00746
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
747 
•HR 1 RH1&2 
‘‘(O) establishing and implementing a sys-
tem for transferring suspension and expulsion 
records by a local educational agency to any 
public or private elementary or secondary school; 
‘‘(P) allowing students attending a persist-
ently dangerous public elementary or secondary 
school, as determined by the State, or who be-
come a victim of a violent criminal offense, as 
defined by State law, while in or on the grounds 
of a public elementary school or secondary school 
that the student attends, to attend a safe public 
elementary or secondary school, within the local 
educational agency, including a public charter 
school, and allowing payment of reasonable 
transportation costs and tuition costs for such 
students; 
‘‘(Q) the development and implementation 
of character education and training programs 
that reflect values, that take into account the 
views of parents or guardians of the student for 
whom the program is intended, which may in-
clude honesty, citizenship, courage, justice, re-
spect, 
personal 
responsibility, 
and 
trust-
worthiness; 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00747
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
748 
•HR 1 RH1&2 
‘‘(R) establishing and maintaining a school 
violence hotline; 
‘‘(S) activities to ensure students’ safe travel 
to and from school, including pedestrian and bi-
cycle safety education; and 
‘‘(T) the evaluation of any of the activities 
authorized under this subsection and the collec-
tion of any data required by this part. 
‘‘SEC. 5116. EVALUATION AND REPORTING. 
‘‘(a) DATA COLLECTION.— 
‘‘(1) IN
GENERAL.—The National Center for 
Education Statistics shall report, and when appro-
priate, collect data to determine the frequency, seri-
ousness, and incidence of illegal drug use and violence 
by youth in schools and communities in the States, 
using if appropriate, data submitted by the States 
pursuant to subsection (b). 
‘‘(2) REPORT.—The Secretary shall submit to the 
Congress a report on the data collected under this 
subsection. 
‘‘(b) STATE REPORT.— 
‘‘(1) IN GENERAL.—Not later than October 1, 
2004, and every third year thereafter, the chief execu-
tive officer of a State, in consultation with the State 
educational agency, shall submit to the Secretary a 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00748
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
749 
•HR 1 RH1&2 
report on the implementation and effectiveness of 
State and local programs under this subpart. 
‘‘(2) SPECIAL
RULE.—The report required by 
this subsection shall be— 
‘‘(A) based on the State’s ongoing evalua-
tion activities, and shall include data on the 
prevalence of violence and illegal drug use by 
youth in schools and communities; and 
‘‘(B) made available to the public upon re-
quest, with public notice of such availability pro-
vided. 
‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each 
local educational agency receiving funds under this subpart 
shall submit to the State such information, and at such in-
tervals as the State reasonably requires to complete the 
State report required by subsection (b), information on the 
prevalence of violence and illegal drug use by youth in the 
schools and the community and the progress of the local 
educational agency toward meeting its performance meas-
ures. The report shall be made available to the public upon 
request, with public notice of such availability provided. 
‘‘Subpart 2—21st Century Schools 
‘‘SEC. 5121. STATE ALLOTMENTS FOR 21ST CENTURY 
SCHOOLS. 
‘‘(a) STATE ALLOTMENTS.— 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00749
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
751 
•HR 1 RH1&2 
equal to the amount allotted to such State under sub-
section (a), less the amount reserved under para-
graphs (2) and (3) of this subsection, for each fiscal 
year for its local educational agencies. 
‘‘(2) STATE ADMINISTRATION.—A State may use 
not more than 1 percent of the amount made avail-
able under subsection (a) for the administrative costs 
of carrying out its responsibilities under this subpart. 
‘‘(3) STATE ACTIVITIES.—A State may use not 
more than 4 percent of the amount made available 
under subsection (a) for the following activities: 
‘‘(A) Monitoring and evaluation of pro-
grams and activities assisted under this subpart. 
‘‘(B) Providing capacity building, training, 
and technical assistance under this subpart. 
‘‘SEC. 5122. STATE APPLICATION. 
‘‘(a) IN GENERAL.—In order to receive an allotment 
under section 5121(a) for any fiscal year, a State shall sub-
mit 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 su-
pervision of programs assisted under this subpart; 
‘‘(2) describes the competitive procedures and 
criteria the State will use to ensure that grants under 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00751
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
752 
•HR 1 RH1&2 
this subpart will support quality extended learning 
opportunities; 
‘‘(3) an assurance that the program will pri-
marily target schools eligible for schoolwide programs 
under section 1114; 
‘‘(4) describes the steps the State will take to en-
sure that programs implement effective strategies, in-
cluding providing ongoing technical assistance and 
training, evaluation, and dissemination of promising 
practices; 
‘‘(5) describe how activities funded under this 
subpart will support State academic achievement 
goals in accordance with section 1111; 
‘‘(6) describe how funds under this subpart will 
be coordinated with programs under this Act, and 
other programs; as appropriate, in accordance with 
the provisions of section 8306; 
‘‘(7) 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 this subpart, be made avail-
able for programs and activities authorized under this 
subpart; and in no case supplant such State, local, 
and other non-Federal funds: 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00752
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
753 
•HR 1 RH1&2 
‘‘(8) provides an assurance that the application 
was developed in consultation and coordination with 
appropriate State officials, including the chief State 
school officer, the heads of the State health and mental 
health agencies or their designees, representatives of 
teachers, parents, students, the business community, 
and community-based organizations, including reli-
gious organizations; 
‘‘(9) describes the results of the State’s needs and 
resources assessment for before and after school activi-
ties, which shall be based on the results of on-going 
State evaluation activities; 
‘‘(10) describes how the State will evaluate the 
effectiveness of programs and activities carried out 
under this subpart which shall include at a min-
imum— 
‘‘(A) a description of the performance indi-
cators 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 
subpart; and 
‘‘(11) provides for timely public notice of intent 
to file application and an assurance that the applica-
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00753
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
754 
•HR 1 RH1&2 
tion will be available for public review after submis-
sion of the application. 
‘‘(b) GENERAL APPROVAL.—A State application sub-
mitted pursuant to subsection (a) shall be deemed to be ap-
proved by the Secretary unless the Secretary makes a writ-
ten determination, prior to the expiration of the 90-day pe-
riod beginning on the date that the Secretary receives the 
application, that the application is in violation of this sub-
part. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove a State application, except after giving the 
State notice and opportunity for a hearing. 
‘‘SEC. 5123. COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives funds under 
this subpart shall provide the amount made available under 
section 5121 to eligible entities for 21st century community 
learning programs in accordance with this subpart. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
subgrant under this subpart, an eligible entity desir-
ing a subgrant shall submit an application to the 
State that contains— 
‘‘(A) a description of the before and after 
school activity to be funded including— 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00754
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
755 
•HR 1 RH1&2 
‘‘(i) an assurance that the program 
will take place in a safe and easily acces-
sible facility; 
‘‘(ii) a description of how students 
participating in the center will travel safely 
to and from the community learning center 
and back home; and 
‘‘(iii) a description of how the eligible 
applicant will disseminate information 
about the project (including its location) to 
the community in a manner that is under-
standable and accessible. 
‘‘(B) a description of how the activity is ex-
pected to improve student academic performance; 
‘‘(C) a description of how the activity will 
meet the principles of effectiveness described in 
section 5124; 
‘‘(D) an assurance that the program will 
primarily target students who attend schools eli-
gible for schoolwide programs under section 
1114; 
‘‘(E) 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 this 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00755
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
756 
•HR 1 RH1&2 
subpart, be made available for programs and ac-
tivities authorized under this subpart; and in no 
case supplant such State, local, and other non- 
Federal funds; 
‘‘(F) a description of the partnership with 
local educational agency, a community-based or-
ganization, and another public entity or private 
organization, if appropriate; 
‘‘(G) a certification that a meaningful as-
sessment has been conducted to determine com-
munity needs, available resources and capacity 
in the findings of such assessments, and a de-
scription of the mechanisms used to provide ef-
fective notice to the community of an intention 
to submit an application under this subpart; 
‘‘(H) a description of the applicants experi-
ence, or promise of success, in providing edu-
cational or related activities that will com-
pliment and enhance the student’s academic 
achievement; 
‘‘(I) an assurance that the applicant will 
develop a plan to continue the activity after 
funding under this subpart ends; 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00756
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS