H. R. 1105—263 
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 
$57,113,000 shall be available to carry out section 203 of the Edu-
cational Technical Assistance Act of 2002: Provided further, That 
$33,791,000 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 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 $7,360,000 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, $122,282,000. 
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, $996,425,000: Provided, That $10,649,000 
shall be provided to the National Board for Professional Teaching 
Standards to carry out section 2151(c), including $1,000,000 to 
develop a National Board certification for principals of elementary 
and secondary schools: Provided further, That from funds for sub-
part 4, part C of title II, up to 3 percent shall be available to 
the Secretary of Education for technical assistance and dissemina-
tion of information: Provided further, That $347,640,000 shall be 
available to carry out part D of title V: Provided further, That 
$88,015,000 shall be used for the projects, and in the amounts, 
specified under the heading ‘‘Innovation and Improvement’’ in the 
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act): Provided further, That 
$97,270,000 of the funds for subpart 1 shall be for competitive 
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
H. R. 1105—264 
non-profit organization to develop and implement performance- 
based teacher and principal compensation systems in high-need 
schools: Provided further, That such performance-based compensa-
tion systems must consider gains in student academic achievement 
as well as classroom 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 $21,031,000 to carry out activities 
under section 5205(b) and under subpart 2, and shall use not 
less than $195,000,000 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, $690,370,000, of which $294,759,000 shall become 
available on July 1, 2009, and remain available through September 
30, 2010: Provided, That $294,759,000 shall be available for subpart 
1 of part A of title IV and $220,240,000 shall be available for 
subpart 2 of part A of title IV: Provided further, That $141,912,000 
shall be available to carry out part D of title V: Provided further, 
That of the funds available to carry out subpart 3 of part C of 
title II, up to $13,383,000 may be used to carry out section 2345 
and $2,957,000 shall be used by the Center for Civic Education 
to implement a comprehensive program to improve public knowl-
edge, 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, $730,000,000, which shall become 
available on July 1, 2009, and shall remain available through 
September 30, 2010, except that 6.5 percent of such amount shall 
be available on October 1, 2008, and shall remain available through 
September 30, 2010, to carry out activities under section 
3111(c)(1)(C): Provided, That the Secretary of Education shall use 
the American Community Survey child counts to calculate State 
allocations under such part but, for any State that would otherwise 
receive greater than a 10-percent reduction from its previous year’s 
allocation, the Secretary shall carry out such calculation using 
the average of the American Community Survey child counts for 
the 3 most recent years. 
SPECIAL EDUCATION 
For carrying out the Individuals with Disabilities Education 
Act (‘‘IDEA’’) and the Special Olympics Sport and Empowerment 
Act of 2004, $12,579,677,000, of which $3,726,354,000 shall become 
available on July 1, 2009, and shall remain available through 
September 30, 2010, and of which $8,592,383,000 shall become 
available on October 1, 2009, and shall remain available through
H. R. 1105—265 
September 30, 2010, for academic year 2009–2010: Provided, That 
$13,250,000 shall be for Recording for the Blind and Dyslexic, 
Inc., to support the development, production, and circulation of 
recorded educational materials: Provided further, That $737,000 
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 section 611(b)(2) of the 
IDEA shall be equal to the lesser of the amount available for 
that activity during fiscal year 2008, 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 funds made available 
for the Special Olympics Sport and Empowerment Act of 2004 
may be used to support expenses associated with the Special Olym-
pics National and World games hosted in the United States. 
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, $3,387,762,000: Provided, 
That $3,088,000 shall be used for the projects, and in the amounts, 
specified under the heading ‘‘Rehabilitation Services and Disability 
Research’’ 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, $22,599,000. 
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, $64,212,000, 
of which $1,175,000 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, $124,000,000, of which $6,000,000 shall be for construc-
tion and shall remain available until expended: Provided, That 
from the total amount available, the University may at its discretion 
use funds for the endowment program as authorized under section 
207 of such Act. 
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