628 
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 at-
tended prior to their change in eligibility status. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities au-
thorized by parts A, B, and D of 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 Elemen-
tary 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, $5,362,016,000, of 
which $3,495,865,000 shall become available on July 1, 
2009, and remain available through September 30, 2010, 
and of which $1,681,441,000 shall become available on 
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October 1, 2009, and shall remain available through Sep-
tember 30, 2010, for academic year 2009–2010: Provided, 
That of the funds available for section 2103(a) of the 
ESEA, $5,000,000 shall be available for a school leader-
ship partnership initiative and up to $7,500,000 shall be 
available for teacher and principal quality national activi-
ties administered by the Secretary of Education, as speci-
fied in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated 
Act): Provided further, That funds made available to carry 
out part B of title VII of the ESEA may be used for con-
struction, renovation and modernization of any elementary 
school, secondary school, or structure related to an ele-
mentary school or secondary school, run by the Depart-
ment 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 $1,500,000 shall be for a grant to 
the Department of Education of the State of Hawaii for 
the activities described in such proviso, and $1,500,000 
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 construc-
tion: Provided further, That up to 100 percent of the funds 
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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 Educational 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 Fed-
erated States of Micronesia and the Republic of the Mar-
shall 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 pro-
grams and to obtain technical 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 $7,360,000 of the 
funds available for the Foreign Language Assistance Pro-
gram shall be available for 5-year grants to local edu-
cational agencies that would work in partnership with one 
or more institutions of higher education to establish or ex-
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