326 
‘‘(1) use not less than 50 percent of such funds 
to award grants in accordance with subsection (b); 
and 
‘‘(2) use the remainder of such funds to— 
‘‘(A) disseminate technical assistance to 
State entities in awarding subgrants under sec-
tion 3103, and eligible entities and States receiv-
ing grants under section 3104; 
‘‘(B) disseminate best practices; and 
‘‘(C) evaluate the impact of the charter 
school program, including the impact on student 
achievement, carried out under this subpart. 
‘‘(b) GRANTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall make 
grants, on a competitive basis, to eligible applicants 
for the purpose of carrying out the activities described 
in section 3102(a)(1), subparagraphs (A) through (C) 
of section 3103(a)(1), and section 3103(g). 
‘‘(2) TERMS AND CONDITIONS.—Except as other-
wise provided in this subsection, grants awarded 
under this subsection shall have the same terms and 
conditions as grants awarded to State entities under 
section 3103. 
‘‘(3) ELIGIBLE APPLICANT DEFINED.—For pur-
poses of this subsection, the term ‘eligible applicant’ 
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means an eligible applicant that desires to open a 
charter school in— 
‘‘(A) a State that did not apply for a grant 
under section 3103; 
‘‘(B) a State that did not receive a grant 
under section 3103; or 
‘‘(C) a State that received a grant under 
section 3103 and is in the 4th or 5th year of the 
grant period for such grant. 
‘‘(c) CONTRACTS AND GRANTS.—The Secretary may 
carry out any of the activities described in this section di-
rectly or through grants, contracts, or cooperative agree-
ments. 
‘‘SEC. 3106. FEDERAL FORMULA ALLOCATION DURING 
FIRST YEAR AND FOR SUCCESSIVE ENROLL-
MENT EXPANSIONS. 
‘‘(a) IN GENERAL.—For purposes of the allocation to 
schools by the States or their agencies of funds under part 
A of title I, and any other Federal funds which the Sec-
retary allocates to States on a formula basis, the Secretary 
and each State educational agency shall take such measures 
as are necessary to ensure that every charter school receives 
the Federal funding for which the charter school is eligible 
not later than 5 months after the charter school first opens, 
notwithstanding the fact that the identity and characteris-
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tics of the students enrolling in that charter school are not 
fully and completely determined until that charter school 
actually opens. The measures similarly shall ensure that 
every charter school expanding its enrollment in any subse-
quent year of operation receives the Federal funding for 
which the charter school is eligible not later than 5 months 
after such expansion. 
‘‘(b) ADJUSTMENT AND LATE OPENINGS.— 
‘‘(1) IN GENERAL.—The measures described in 
subsection (a) shall include provision for appropriate 
adjustments, through recovery of funds or reduction of 
payments for the succeeding year, in cases where pay-
ments made to a charter school on the basis of esti-
mated or projected enrollment data exceed the 
amounts that the school is eligible to receive on the 
basis of actual or final enrollment data. 
‘‘(2) RULE.—For charter schools that first open 
after November 1 of any academic year, the State, in 
accordance with guidance provided by the Secretary 
and applicable Federal statutes and regulations, shall 
ensure that such charter schools that are eligible for 
the funds described in subsection (a) for such aca-
demic year have a full and fair opportunity to receive 
those funds during the charter schools’ first year of 
operation. 
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‘‘SEC. 3107. SOLICITATION OF INPUT FROM CHARTER 
SCHOOL OPERATORS. 
‘‘To the extent practicable, the Secretary shall ensure 
that administrators, teachers, and other individuals di-
rectly involved in the operation of charter schools are con-
sulted in the development of any rules, regulations, or non-
regulatory guidance required to implement this subpart, as 
well as in the development of any rules, regulations, or non-
regulatory guidance relevant to charter schools that are re-
quired to implement part A of title I, the Individuals with 
Disabilities Education Act, or any other program adminis-
tered by the Secretary that provides education funds to 
charter schools or regulates the activities of charter schools. 
‘‘SEC. 3108. RECORDS TRANSFER. 
‘‘State educational agencies and local educational 
agencies, as quickly as possible and to the extent prac-
ticable, shall ensure that a student’s records and, if applica-
ble, a student’s individualized education program as de-
fined in section 602(14) of the Individuals with Disabilities 
Education Act, are transferred to a charter school upon the 
transfer of the student to the charter school, and to another 
public school upon the transfer of the student from a charter 
school to another public school, in accordance with applica-
ble State law. 
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‘‘SEC. 3109. PAPERWORK REDUCTION. 
‘‘To the extent practicable, the Secretary and each au-
thorized public chartering agency shall ensure that imple-
mentation of this subpart results in a minimum of paper-
work for any eligible applicant or charter school. 
‘‘SEC. 3110. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) AUTHORIZED PUBLIC CHARTERING AGEN-
CY.—The term ‘authorized public chartering agency’ 
means a State educational agency, local educational 
agency, or other public entity that has the authority 
pursuant to State law and approved by the Secretary 
to authorize or approve a charter school. 
‘‘(2) CHARTER
SUPPORT
ORGANIZATION.—The 
term ‘charter support organization’ means a non-
profit, nongovernmental entity that provides, on a 
statewide or regional basis— 
‘‘(A) assistance to developers during the 
planning, program design, and initial imple-
mentation of a charter school; and 
‘‘(B) technical assistance to operate charter 
schools. 
‘‘(3) DEVELOPER.—The term ‘developer’ means 
an individual or group of individuals (including a 
public or private nonprofit organization), which may 
include teachers, administrators and other school 
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and attainment for all students served by the 
charter school; and 
‘‘(D) has demonstrated success in increasing 
student academic achievement for the groups of 
students 
described 
in 
section 
1111(b)(3)(B)(ii)(II), except that such dem-
onstration is not required in a case in which the 
number of students in a group is insufficient to 
yield statistically reliable information or the re-
sults would reveal personally identifiable infor-
mation about an individual student. 
‘‘(7) 
REPLICABLE, 
HIGH-QUALITY
CHARTER 
SCHOOL MODEL.—The term ‘replicable, high-quality 
charter school model’ means a high-quality charter 
school that has the capability of opening another such 
charter school under an existing charter. 
‘‘Subpart 2—Magnet School Assistance 
‘‘SEC. 3121. PURPOSE. 
‘‘The purpose of this subpart is to assist in the desegre-
gation of schools served by local educational agencies by 
providing financial assistance to eligible local educational 
agencies for— 
‘‘(1) the elimination, reduction, or prevention of 
minority group isolation in elementary schools and 
secondary schools with substantial proportions of mi-
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nority students, which shall include assisting in the 
efforts of the United States to achieve voluntary deseg-
regation in public schools; 
‘‘(2) the development and implementation of 
magnet school programs that will assist local edu-
cational agencies in achieving systemic reforms and 
providing all students the opportunity to meet State 
academic standards; 
‘‘(3) the development and design of innovative 
educational methods and practices that promote di-
versity and increase choices in public elementary 
schools and public secondary schools and public edu-
cational programs; 
‘‘(4) courses of instruction within magnet schools 
that will substantially strengthen the knowledge of 
academic subjects and the attainment of tangible and 
marketable career, technical, and professional skills of 
students attending such schools; 
‘‘(5) improving the ability of local educational 
agencies, including through professional development, 
to continue operating magnet schools at a high per-
formance level after Federal funding for the magnet 
schools is terminated; and 
‘‘(6) ensuring that students enrolled in the mag-
net school programs have equitable access to a quality 
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education that will enable the students to succeed aca-
demically and continue with postsecondary education 
or employment. 
‘‘SEC. 3122. DEFINITION. 
‘‘For the purpose of this subpart, the term ‘magnet 
school’ means a public elementary school, public secondary 
school, public elementary education center, or public sec-
ondary education center that offers a special curriculum ca-
pable of attracting substantial numbers of students of dif-
ferent racial backgrounds. 
‘‘SEC. 3123. PROGRAM AUTHORIZED. 
‘‘From the amount appropriated under section 
3(c)(1)(B), the Secretary, in accordance with this subpart, 
is authorized to award grants to eligible local educational 
agencies, and consortia of such agencies where appropriate, 
to carry out the purpose of this subpart for magnet schools 
that are— 
‘‘(1) part of an approved desegregation plan; 
and 
‘‘(2) designed to bring students from different so-
cial, economic, ethnic, and racial backgrounds to-
gether. 
‘‘SEC. 3124. ELIGIBILITY. 
‘‘A local educational agency, or consortium of such 
agencies where appropriate, is eligible to receive a grant 
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under this subpart to carry out the purpose of this subpart 
if such agency or consortium— 
‘‘(1) is implementing a plan undertaken pursu-
ant to a final order issued by a court of the United 
States, or a court of any State, or any other State 
agency or official of competent jurisdiction, that re-
quires the desegregation of minority-group-segregated 
children or faculty in the elementary schools and sec-
ondary schools of such agency; or 
‘‘(2) without having been required to do so, has 
adopted and is implementing, or will, if a grant is 
awarded to such local educational agency, or consor-
tium of such agencies, under this subpart, adopt and 
implement a plan that has been approved by the Sec-
retary as adequate under title VI of the Civil Rights 
Act of 1964 for the desegregation of minority-group- 
segregated children or faculty in such schools. 
‘‘SEC. 3125. APPLICATIONS AND REQUIREMENTS. 
‘‘(a) APPLICATIONS.—An eligible local educational 
agency, or consortium of such agencies, desiring to receive 
a grant under this subpart shall submit an application to 
the Secretary at such time and in such manner as the Sec-
retary may reasonably require. 
‘‘(b) INFORMATION AND ASSURANCES.—Each applica-
tion submitted under subsection (a) shall include— 
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‘‘(1) a description of— 
‘‘(A) how a grant awarded under this sub-
part will be used to promote desegregation, in-
cluding how the proposed magnet school pro-
grams will increase interaction among students 
of different social, economic, ethnic, and racial 
backgrounds; 
‘‘(B) the manner and extent to which the 
magnet school program will increase student 
academic achievement in the instructional area 
or areas offered by the school; 
‘‘(C) how the applicant will continue the 
magnet school program after assistance under 
this subpart is no longer available, and, if appli-
cable, an explanation of why magnet schools es-
tablished or supported by the applicant with 
grant funds under this subpart cannot be contin-
ued without the use of grant funds under this 
subpart; 
‘‘(D) how grant funds under this subpart 
will be used— 
‘‘(i) to improve student academic 
achievement for all students attending the 
magnet school programs; and 
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‘‘(ii) to implement services and activi-
ties that are consistent with other programs 
under this Act, and other Acts, as appro-
priate; and 
‘‘(E) the criteria to be used in selecting stu-
dents to attend the proposed magnet school pro-
gram; and 
‘‘(2) assurances that the applicant will— 
‘‘(A) use grant funds under this subpart for 
the purposes specified in section 3121; 
‘‘(B) employ effective teachers in the courses 
of instruction assisted under this subpart; 
‘‘(C) not engage in discrimination based on 
race, religion, color, national origin, sex, or dis-
ability in— 
‘‘(i) the hiring, promotion, or assign-
ment of employees of the applicant or other 
personnel for whom the applicant has any 
administrative responsibility; 
‘‘(ii) the assignment of students to 
schools, or to courses of instruction within 
the schools, of such applicant, except to 
carry out the approved plan; and 
‘‘(iii) designing or operating extra-
curricular activities for students; 
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‘‘(D) carry out a quality education program 
that will encourage greater parental decision-
making and involvement; and 
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school pro-
gram equitable consideration for placement in 
the program, consistent with desegregation guide-
lines and the capacity of the applicant to accom-
modate the students. 
‘‘(c) SPECIAL RULE.—No grant shall be awarded 
under this subpart unless the Assistant Secretary of Edu-
cation for Civil Rights determines that the assurances de-
scribed in subsection (b)(2)(C) will be met. 
‘‘SEC. 3126. PRIORITY. 
‘‘In awarding grants under this subpart, the Secretary 
shall give priority to applicants that— 
‘‘(1) demonstrate the greatest need for assistance, 
based on the expense or difficulty of effectively car-
rying out approved desegregation plans and the mag-
net school program for which the grant is sought; 
‘‘(2) propose to carry out new magnet school pro-
grams, or significantly revise existing magnet school 
programs; 
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‘‘(3) propose to select students to attend magnet 
school programs by methods such as lottery, rather 
than through academic examination; and 
‘‘(4) propose to serve the entire student popu-
lation of a school. 
‘‘SEC. 3127. USE OF FUNDS. 
‘‘(a) IN GENERAL.—Grant funds made available under 
this subpart may be used by an eligible local educational 
agency, or consortium of such agencies— 
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, continu-
ation, or enhancement of academic programs and 
services offered at magnet schools; 
‘‘(2) for the acquisition of books, materials, and 
equipment, including computers and the maintenance 
and operation of materials, equipment, and com-
puters, necessary to conduct programs in magnet 
schools; 
‘‘(3) for the compensation, or subsidization of the 
compensation, of elementary school and secondary 
school teachers, and instructional staff where applica-
ble, who are necessary to conduct programs in magnet 
schools; 
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‘‘(4) with respect to a magnet school program of-
fered to less than the entire student population of a 
school, for instructional activities that— 
‘‘(A) are designed to make available the spe-
cial curriculum that is offered by the magnet 
school program to students who are enrolled in 
the school but who are not enrolled in the magnet 
school program; and 
‘‘(B) further the purpose of this subpart; 
‘‘(5) for activities, which may include profes-
sional development, that will build the recipient’s ca-
pacity to operate magnet school programs once the 
grant period has ended; 
‘‘(6) to enable the local educational agency, or 
consortium of such agencies, to have more flexibility 
in the administration of a magnet school program in 
order to serve students attending a school who are not 
enrolled in a magnet school program; and 
‘‘(7) to enable the local educational agency, or 
consortium of such agencies, to have flexibility in de-
signing magnet schools for students in all grades. 
‘‘(b) SPECIAL RULE.—Grant funds under this subpart 
may be used for activities described in paragraphs (2) and 
(3) of subsection (a) only if the activities are directly related 
to improving student academic achievement based on the 
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State’s academic standards or directly related to improving 
student reading skills or knowledge of mathematics, science, 
history, geography, English, foreign languages, art, or 
music, or to improving career, technical, and professional 
skills. 
‘‘SEC. 3128. LIMITATIONS. 
‘‘(a) DURATION OF AWARDS.—A grant under this sub-
part shall be awarded for a period that shall not exceed 
3 fiscal years. 
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu-
cational agency, or consortium of such agencies, may ex-
pend for planning (professional development shall not be 
considered to be planning for purposes of this subsection) 
not more than 50 percent of the grant funds received under 
this subpart for the first year of the program and not more 
than 15 percent of such funds for each of the second and 
third such years. 
‘‘(c) AMOUNT.—No local educational agency, or con-
sortium of such agencies, awarded a grant under this sub-
part shall receive more than $4,000,000 under this subpart 
for any 1 fiscal year. 
‘‘(d) TIMING.—To the extent practicable, the Secretary 
shall award grants for any fiscal year under this subpart 
not later than July 1 of the applicable fiscal year. 
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‘‘SEC. 3129. EVALUATIONS. 
‘‘(a) RESERVATION.—The Secretary may reserve not 
more than 2 percent of the funds appropriated under section 
3(c)(1)(B) for any fiscal year to carry out evaluations, pro-
vide technical assistance, and carry out dissemination 
projects with respect to magnet school programs assisted 
under this subpart. 
‘‘(b) CONTENTS.—Each evaluation described in sub-
section (a), at a minimum, shall address— 
‘‘(1) how and the extent to which magnet school 
programs lead to educational quality and academic 
improvement; 
‘‘(2) the extent to which magnet school programs 
enhance student access to a quality education; 
‘‘(3) the extent to which magnet school programs 
lead to the elimination, reduction, or prevention of 
minority group isolation in elementary schools and 
secondary schools with substantial proportions of mi-
nority students; and 
‘‘(4) the extent to which magnet school programs 
differ from other school programs in terms of the or-
ganizational characteristics and resource allocations 
of such magnet school programs. 
‘‘(c) DISSEMINATION.—The Secretary shall collect and 
disseminate to the general public information on successful 
magnet school programs. 
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‘‘SEC. 3130. RESERVATION. 
‘‘In any fiscal year for which the amount appropriated 
under section 3(c)(1)(B) exceeds $75,000,000, the Secretary 
shall give priority in using such amounts in excess of 
$75,000,000 to awarding grants to local educational agen-
cies or consortia of such agencies that did not receive a 
grant under this subpart in the preceding fiscal year. 
‘‘Subpart 3—Family Engagement in Education 
Programs 
‘‘SEC. 3141. PURPOSES. 
‘‘The purposes of this subpart are the following: 
‘‘(1) To provide financial support to organiza-
tions to provide technical assistance and training to 
State and local educational agencies in the implemen-
tation and enhancement of systemic and effective fam-
ily engagement policies, programs, and activities that 
lead to improvements in student development and 
academic achievement. 
‘‘(2) To assist State educational agencies, local 
educational agencies, community-based organizations, 
schools, and educators in strengthening partnerships 
among parents, teachers, school leaders, administra-
tors, and other school personnel in meeting the edu-
cational needs of children and fostering greater paren-
tal engagement. 
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carry out, or carry out directly, parent education and fam-
ily engagement in education programs. 
‘‘(b) MINIMUM AWARD.—In awarding grants under 
this section, the Secretary shall, to the extent practicable, 
ensure that a grant is awarded for a Statewide Family En-
gagement Center in an amount not less than $500,000. 
‘‘SEC. 3143. APPLICATIONS. 
‘‘(a) SUBMISSIONS.—Each statewide organization, or 
a consortium of such organizations, that desires a grant 
under this subpart shall submit an application to the Sec-
retary at such time, in such manner, and including the in-
formation described in subsection (b). 
‘‘(b) CONTENTS.—Each application submitted under 
subsection (a) shall include, at a minimum, the following: 
‘‘(1) A description of the applicant’s approach to 
family engagement in education. 
‘‘(2) A description of the support that the State-
wide Family Engagement Center that will be oper-
ated by the applicant will have from the State edu-
cational agency and any partner organization out-
lining the commitment to work with the center. 
‘‘(3) A description of the applicant’s plan for 
building a statewide infrastructure for family engage-
ment in education, that includes— 
‘‘(A) management and governance; 
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‘‘(B) statewide leadership; or 
‘‘(C) systemic services for family engage-
ment in education. 
‘‘(4) A description of the applicant’s dem-
onstrated experience in providing training, informa-
tion, and support to State educational agencies, local 
educational agencies, schools, educators, parents, and 
organizations on family engagement in education 
policies and practices that are effective for parents 
(including low-income parents) and families, English 
learners, minorities, parents of students with disabil-
ities, parents of homeless students, foster parents and 
students, and parents of migratory students, includ-
ing evaluation results, reporting, or other data exhib-
iting such demonstrated experience. 
‘‘(5) An assurance that the applicant will— 
‘‘(A) establish a special advisory committee, 
the membership of which includes— 
‘‘(i) parents, who shall constitute a 
majority of the members of the special advi-
sory committee; 
‘‘(ii) representatives of education pro-
fessionals with expertise in improving serv-
ices for disadvantaged children; 
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‘‘(iii) representatives of local elemen-
tary schools and secondary schools, includ-
ing students; 
‘‘(iv) representatives of the business 
community; and 
‘‘(v) representatives of State edu-
cational agencies and local educational 
agencies; 
‘‘(B) use not less than 65 percent of the 
funds received under this subpart in each fiscal 
year to serve local educational agencies, schools, 
and community-based organizations that serve 
high concentrations of disadvantaged students, 
including English learners, minorities, parents 
of students with disabilities, parents of homeless 
students, foster parents and students, and par-
ents of migratory students; 
‘‘(C) operate a Statewide Family Engage-
ment Center of sufficient size, scope, and quality 
to ensure that the Center is adequate to serve the 
State educational agency, local educational agen-
cies, and community-based organizations; 
‘‘(D) ensure that the Center will retain staff 
with the requisite training and experience to 
serve parents in the State; 
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‘‘(E) serve urban, suburban, and rural local 
educational agencies and schools; 
‘‘(F) work with— 
‘‘(i) other Statewide Family Engage-
ment Centers assisted under this subpart; 
and 
‘‘(ii) parent training and information 
centers and community parent resource cen-
ters assisted under sections 671 and 672 of 
the Individuals with Disabilities Education 
Act; 
‘‘(G) use not less than 30 percent of the 
funds received under this subpart for each fiscal 
year to establish or expand technical assistance 
for evidence-based parent education programs; 
‘‘(H) provide assistance to State edu-
cational agencies and local educational agencies 
and community-based organizations that support 
family members in supporting student academic 
achievement; 
‘‘(I) work with State educational agencies, 
local educational agencies, schools, educators, 
and parents to determine parental needs and the 
best means for delivery of services to address 
such needs; and 
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‘‘(J) conduct sufficient outreach to assist 
parents, including parents who the applicant 
may have a difficult time engaging with a school 
or local educational agency. 
‘‘SEC. 3144. USES OF FUNDS. 
‘‘(a) IN GENERAL.—Grantees shall use grant funds re-
ceived under this subpart, based on the needs determined 
under section 3143(b)(5)(I), to provide training and tech-
nical assistance to State educational agencies, local edu-
cational agencies, and organizations that support family- 
school partnerships, and activities, services, and training 
for local educational agencies, school leaders, educators, and 
parents— 
‘‘(1) to assist parents in participating effectively 
in their children’s education and to help their chil-
dren meet State standards, such as assisting par-
ents— 
‘‘(A) to engage in activities that will im-
prove student academic achievement, including 
understanding how they can support learning in 
the classroom with activities at home and in 
afterschool and extracurricular programs; 
‘‘(B) to communicate effectively with their 
children, teachers, school leaders, counselors, ad-
ministrators, and other school personnel; 
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‘‘(C) to become active participants in the 
development, implementation, and review of 
school-parent compacts, family engagement in 
education policies, and school planning and im-
provement; 
‘‘(D) to participate in the design and provi-
sion of assistance to students who are not mak-
ing academic progress; 
‘‘(E) to participate in State and local deci-
sionmaking; 
‘‘(F) to train other parents; and 
‘‘(G) to help the parents learn and use tech-
nology applied in their children’s education; 
‘‘(2) to develop and implement, in partnership 
with the State educational agency, statewide family 
engagement in education policy and systemic initia-
tives that will provide for a continuum of services to 
remove barriers for family engagement in education 
and support school reform efforts; and 
‘‘(3) to develop and implement parental involve-
ment policies under this Act. 
‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.—For 
each fiscal year after the first fiscal year for which an orga-
nization or consortium receives assistance under this sec-
tion, the organization or consortium shall demonstrate in 
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the application that a portion of the services provided by 
the organization or consortium is supported through non- 
Federal contributions, which may be in cash or in-kind. 
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall re-
serve not more than 2 percent of the funds appropriated 
under section 3(c)(1)(C) to carry out this subpart to provide 
technical assistance, by competitive grant or contract, for 
the establishment, development, and coordination of State-
wide Family Engagement Centers. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a Statewide Family En-
gagement Center from— 
‘‘(1) having its employees or agents meet with a 
parent at a site that is not on school grounds; or 
‘‘(2) working with another agency that serves 
children. 
‘‘(e) PARENTAL RIGHTS.—Notwithstanding any other 
provision of this section— 
‘‘(1) no person (including a parent who educates 
a child at home, a public school parent, or a private 
school parent) shall be required to participate in any 
program of parent education or developmental screen-
ing under this section; and 
‘‘(2) no program or center assisted under this 
section shall take any action that infringes in any 
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manner on the right of a parent to direct the edu-
cation of their children. 
‘‘SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 
‘‘The Secretary of the Interior, in consultation with 
the Secretary of Education, shall establish, or enter into 
contracts and cooperative agreements with local Indian 
nonprofit parent organizations to establish and operate 
Family Engagement Centers. 
‘‘PART B—LOCAL ACADEMIC FLEXIBLE GRANT 
‘‘SEC. 3201. PURPOSE. 
‘‘The purpose of this part is to— 
‘‘(1) provide local educational agencies with the 
opportunity to access funds to support the initiatives 
important to their schools and students to improve 
academic achievement, including protecting student 
safety; and 
‘‘(2) provide nonprofit and for-profit entities the 
opportunity to work with students to improve aca-
demic achievement, including student safety. 
‘‘SEC. 3202. ALLOTMENTS TO STATES. 
‘‘(a) RESERVATIONS.—From the funds appropriated 
under section 3(c)(2) for any fiscal year, the Secretary shall 
reserve— 
‘‘(1) not more than one-half of 1 percent for na-
tional activities to provide technical assistance to eli-
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gible entities in carrying out programs under this 
part; and 
‘‘(2) not more than one-half of 1 percent for pay-
ments to the outlying areas and the Bureau of Indian 
Education, to be allotted in accordance with their re-
spective needs for assistance under this part, as deter-
mined by the Secretary, to enable the outlying areas 
and the Bureau to carry out the purpose of this part. 
‘‘(b) STATE ALLOTMENTS.— 
‘‘(1) DETERMINATION.—From the funds appro-
priated under section 3(c)(2) for any fiscal year and 
remaining after the Secretary makes reservations 
under subsection (a), the Secretary shall allot to each 
State for the fiscal year an amount that bears the 
same relationship to the remainder as the amount the 
State received under chapter B of subpart 1 of part 
A of title I for the preceding fiscal year bears to the 
amount all States received under that chapter for the 
preceding fiscal year, except that no State shall re-
ceive less than an amount equal to one-half of 1 per-
cent of the total amount made available to all States 
under this subsection. 
‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 
State does not receive an allotment under this part 
for a fiscal year, the Secretary shall reallot the 
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amount of the State’s allotment to the remaining 
States in accordance with this section. 
‘‘(c) STATE USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Each State that receives an 
allotment under this part shall reserve not less than 
75 percent of the amount allotted to the State under 
subsection (b) for each fiscal year for awards to eligi-
ble entities under section 3204. 
‘‘(2) AWARDS TO NONGOVERNMENTAL ENTITIES 
TO
IMPROVE
STUDENT
ACADEMIC
ACHIEVEMENT.— 
Each State that receives an allotment under sub-
section (b) for each fiscal year shall reserve not less 
than 10 percent of the amount allotted to the State 
for awards to nongovernmental entities under section 
3205. 
‘‘(3) STATE ACTIVITIES AND STATE ADMINISTRA-
TION.—A State educational agency may reserve not 
more than 15 percent of the amount allotted to the 
State under subsection (b) for each fiscal year for the 
following: 
‘‘(A) Enabling the State educational agen-
cy— 
‘‘(i) to pay the costs of developing the 
State assessments and standards required 
under section 1111(b), which may include 
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the costs of working, at the sole discretion of 
the State, in voluntary partnerships with 
other States to develop such assessments and 
standards; or 
‘‘(ii) if the State has developed the as-
sessments and standards required under sec-
tion 1111(b), to administer those assess-
ments or carry out other activities related 
to ensuring that the State’s schools and 
local educational agencies are helping stu-
dents meet the State’s academic standards 
under such section. 
‘‘(B) The administrative costs of carrying 
out its responsibilities under this part, except 
that not more than 5 percent of the reserved 
amount may be used for this purpose. 
‘‘(C) Monitoring and evaluation of pro-
grams and activities assisted under this part. 
‘‘(D) Providing training and technical as-
sistance under this part. 
‘‘(E) Statewide academic focused programs. 
‘‘(F) Sharing evidence-based and other effec-
tive strategies with eligible entities. 
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356 
‘‘SEC. 3203. STATE APPLICATION. 
‘‘(a) IN GENERAL.—In order to receive an allotment 
under section 3202 for any fiscal year, a State shall submit 
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 part; 
‘‘(2) describes how the State educational agency 
will use funds reserved for State-level activities, in-
cluding how, if any, of the funds will be used to sup-
port student safety; 
‘‘(3) describes the procedures and criteria the 
State educational agency will use for reviewing appli-
cations and awarding funds to eligible entities on a 
competitive basis, which shall include reviewing how 
the proposed project will help increase student aca-
demic achievement; 
‘‘(4) describes how the State educational agency 
will ensure that awards made under this part are— 
‘‘(A) of sufficient size and scope to support 
high-quality, effective programs that are con-
sistent with the purpose of this part; and 
‘‘(B) in amounts that are consistent with 
section 3204(f); 
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‘‘(5) describes the steps the State educational 
agency will take to ensure that programs implement 
effective strategies, including providing ongoing tech-
nical assistance and training, and dissemination of 
evidence-based and other effective strategies; 
‘‘(6) describes how the State educational agency 
will consider students across all grades when making 
these awards; 
‘‘(7) an assurance that, other than providing 
technical and advisory assistance and monitoring 
compliance with this part, the State educational 
agency has not exercised and will not exercise any in-
fluence in the decision-making process of eligible enti-
ties as to the expenditure of funds received by the eli-
gible entities under this part; 
‘‘(8) describes how programs under this part will 
be coordinated with programs under this Act, and 
other programs as appropriate; 
‘‘(9) contains an assurance that the State edu-
cational agency— 
‘‘(A) will make awards for programs for a 
period of not more than 5 years; and 
‘‘(B) will require each eligible entity seeking 
such an award to submit a plan describing how 
the project to be funded through the award will 
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continue after funding under this part ends, if 
applicable; and 
‘‘(10) contains an assurance that funds appro-
priated to carry out this part will be used to supple-
ment, and not supplant, State and local public funds 
expended to provide programs and activities author-
ized under this part and other similar programs. 
‘‘(b) DEEMED APPROVAL.—An application submitted 
by a State educational agency pursuant to subsection (a) 
shall be deemed to be approved by the Secretary unless the 
Secretary makes a written determination, prior to the expi-
ration of the 120-day period beginning on the date on which 
the Secretary received the application, that the application 
is not in compliance with this part. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove the application, except after giving the State 
educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this part, the Secretary shall— 
‘‘(1) give the State educational agency notice 
and an opportunity for a hearing; and 
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‘‘(2) notify the State educational agency of the 
finding of noncompliance, and, in such notification, 
shall— 
‘‘(A) cite the specific provisions in the ap-
plication that are not in compliance; and 
‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
‘‘(e) RESPONSE.—If the State educational agency re-
sponds to the Secretary’s notification described in sub-
section (d)(2) during the 45-day period beginning on the 
date on which the agency received the notification, and re-
submits the application with the requested information de-
scribed in subsection (d)(2)(B), the Secretary shall approve 
or disapprove such application prior to the later of— 
‘‘(1) the expiration of the 45-day period begin-
ning on the date on which the application is resub-
mitted; or 
‘‘(2) the expiration of the 120-day period de-
scribed in subsection (b). 
‘‘(f) FAILURE TO RESPOND.—If the State educational 
agency does not respond to the Secretary’s notification de-
scribed in subsection (d)(2) during the 45-day period begin-
ning on the date on which the agency received the notifica-
tion, such application shall be deemed to be disapproved. 
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‘‘(g) RULE OF CONSTRUCTION.—An application sub-
mitted by a State educational agency pursuant to sub-
section (a) shall not be approved or disapproved based upon 
the activities for which the agency may make funds avail-
able to eligible entities under section 3204 if the agency’s 
use of funds is consistent with section 3204(b). 
‘‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives funds under 
this part for a fiscal year shall provide the amount made 
available under section 3202(c)(1) to eligible entities in ac-
cordance with this section. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An eligible entity that re-
ceives an award under this part shall use the funds 
for activities that— 
‘‘(A) are evidence-based; 
‘‘(B) 
will 
improve 
student 
academic 
achievement; 
‘‘(C) are allowable under State law; and 
‘‘(D) focus on one or more projects from the 
following two categories: 
‘‘(i) Supplemental student support ac-
tivities such as before, after, or summer 
school activities, tutoring, and expanded 
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learning time, but not including athletics or 
in-school learning activities. 
‘‘(ii) Activities designed to support stu-
dents, such as academic subject specific pro-
grams, adjunct teacher programs, extended 
learning time programs, dual enrollment 
programs, and parent engagement, but not 
including activities to— 
‘‘(I) support smaller class sizes or 
construction; or 
‘‘(II) provide compensation or 
benefits to teachers, school leaders, 
other school officials, or local edu-
cational agency staff. 
‘‘(2) PARTICIPATION OF CHILDREN ENROLLED IN 
PRIVATE SCHOOLS.—An eligible entity that receives 
an award under this part shall ensure compliance 
with section 5501 (relating to participation of chil-
dren enrolled in private schools). 
‘‘(c) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive an 
award under this part, an eligible entity shall submit 
an application to the State educational agency at 
such time, in such manner, and including such infor-
mation as the State educational agency may reason-
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ably require, including the contents required by para-
graph (2). 
‘‘(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
‘‘(A) a description of the activities to be 
funded and how they are consistent with sub-
section (b), including any activities that will in-
crease student safety; 
‘‘(B) an assurance that funds under this 
part will be used to increase the level of State, 
local, and other non-Federal funds that would, 
in the absence of funds under this part, be made 
available for programs and activities authorized 
under this part, and in no case supplant State, 
local, or non-Federal funds; 
‘‘(C) an assurance that the community will 
be given notice of an intent to submit an appli-
cation with an opportunity for comment, and 
that the application will be available for public 
review after submission of the application; and 
‘‘(D) an assurance that students who benefit 
from any activity funded under this part shall 
continue to maintain enrollment in a public ele-
mentary or secondary school. 
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‘‘(d) REVIEW.—In reviewing local applications under 
this section, a State educational agency shall use a peer 
review process or other methods of assuring the quality of 
such applications but the review shall be limited to the like-
lihood that the project will increase student academic 
achievement. 
‘‘(e) GEOGRAPHIC DIVERSITY.—A State educational 
agency shall distribute funds under this part equitably 
among geographic areas within the State, including rural, 
suburban, and urban communities. 
‘‘(f) AWARD.—A grant shall be awarded to all eligible 
entities that submit an application that meets the require-
ments of this section in an amount that is not less than 
$10,000, but there shall be only one award granted to any 
one local educational agency, but such award may be for 
multiple projects or programs with the local educational 
agency. 
‘‘(g) DURATION OF AWARDS.—Grants under this part 
may be awarded for a period of not more than 5 years. 
‘‘(h) ELIGIBLE ENTITY DEFINED.—In this section, the 
term ‘eligible entity’ means— 
‘‘(1) a local educational agency in partnership 
with a community-based organization, business enti-
ty, or nongovernmental entity; 
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