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the amounts, specified under the heading ‘‘Innovation and 
Improvement’’ in the explanatory statement described in 
section 4 (in the matter preceding division A of this con-
solidated 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 non-profit organization to develop and imple-
ment performance-based teacher and principal compensa-
tion systems in high-need schools: Provided further, That 
such performance-based compensation systems must con-
sider gains in student academic achievement as well as 
classroom evaluations conducted multiple times during 
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 per-
cent of such funds for competitive grants shall be available 
for technical assistance, training, peer review of applica-
tions, program outreach and evaluation activities: Pro-
vided 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. 
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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, $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 sub-
part 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 imple-
ment 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, 
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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 reduc-
tion from its previous year’s allocation, the Secretary shall 
carry out such calculation using the average of the Amer-
ican 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 
September 30, 2010, for academic year 2009–2010: Pro-
vided, That $13,250,000 shall be for Recording for the 
Blind and Dyslexic, Inc., to support the development, pro-
duction, 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 enact-
ment of the Individuals with Disabilities Education Im-
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