20 U.S.C. § 6381a (EDUCATION)
§ 6381a. Program authorized
(a) Reservation for migrant programs, outlying areas, and Indian tribes
(1) In general
For each fiscal year, the Secretary shall reserve 5 percent of the amount appropriated under section 6302(b)(3) of this title (or, if such appropriated amount exceeds $200,000,000, 6 percent of such amount) for programs, under such terms and conditions as the Secretary shall establish, that are consistent with the purpose of this subpart, and according to their relative needs, for—
(A) children of migratory workers;
(B) the outlying areas; and
(C) Indian tribes and tribal organizations.
(2) Special rule
After December 21, 2000, the Secretary shall award a grant, on a competitive basis, of sufficient size and for a period of sufficient duration to demonstrate the effectiveness of a family literacy program in a prison that houses women and their preschool age children and that has the capability of developing a program of high quality.
(3) Coordination of programs for American Indians
The Secretary shall ensure that programs under paragraph (1)(C) are coordinated with family literacy programs operated by the Bureau of Indian Affairs in order to avoid duplication and to encourage the dissemination of information on high-quality family literacy programs serving American Indians.
(b) Reservation for Federal activities
(1) Evaluation, technical assistance, program improvement, and replication activities
Subject to paragraph (2), from amounts appropriated under section 6302(b)(3) of this title, the Secretary may reserve not more than 3 percent of such amounts for purposes of—
(A) carrying out the evaluation required by section 6381h of this title; and
(B) providing, through grants or contracts with eligible organizations, technical assistance, program improvement, and replication activities.
(2) Research
In any fiscal year, if the amount appropriated under section 6302(b)(3) of this title for such year—
(A) is equal to or less than the amount appropriated for the preceding fiscal year, the Secretary may reserve from such amount only the amount necessary to continue multi-year activities carried out pursuant to section 6381j(b) of this title that began during or prior to the fiscal year preceding the fiscal year for which the determination is made; or
(B) exceeds the amount appropriated for the preceding fiscal year, then the Secretary shall reserve from such excess amount $2,000,000 or 50 percent, whichever is less, to carry out section 6381j(b) of this title.
(c) Reservation for grants
(1) Grants authorized
(A) In general
For any fiscal year for which at least one State educational agency applies and submits an application that meets the requirements and goals of this subsection and for which the amount appropriated under section 6302(b)(3) of this title exceeds the amount appropriated under that section for the preceding fiscal year, the Secretary shall reserve, from the amount of the excess remaining after the application of subsection (b)(2) of this section, the amount of the remainder or $1,000,000, whichever is less, to award grants, on a competitive basis, to State educational agencies to enable them to plan and implement statewide family literacy initiatives to coordinate and, where appropriate, integrate existing Federal, State, and local literacy resources consistent with the purposes of this subpart.
(B) Coordination and integration
The coordination and integration described in subparagraph (A) shall include coordination and integration of funds available under the Adult Education and Family Literacy Act [20 U.S.C. 9201 et seq.], the Head Start Act [42 U.S.C. 9831 et seq.], this subpart, part A of this subchapter, and part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.].
(C) Restriction
No State educational agency may receive more than one grant under this subsection.
(2) Consortia
(A) Establishment
To receive a grant under this subsection, a State educational agency shall establish a consortium of State-level programs under the following provisions of laws:
(i) This subchapter (other than part D).
(ii) The Head Start Act [42 U.S.C. 9831 et seq.].
(iii) The Adult Education and Family Literacy Act [20 U.S.C. 9201 et seq.].
(iv) All other State-funded preschool programs and programs providing literacy services to adults.
(B) Plan
To receive a grant under this subsection, the consortium established by a State educational agency shall create a plan to use a portion of the State educational agency’s resources, derived from the programs referred to in subparagraph (A), to strengthen and expand family literacy services in the State.
(C) Coordination with subpart 1
The consortium shall coordinate its activities under this paragraph with the activities of the reading and literacy partnership for the State educational agency established under section 6363(d) of this title, if the State educational agency receives a grant under section 6362 of this title.
(3) Reading instruction
Statewide family literacy initiatives implemented under this subsection shall base reading instruction on scientifically based reading research.
(4) Technical assistance
The Secretary shall provide, directly or through a grant or contract with an organization with experience in the development and operation of successful family literacy services, technical assistance to State educational agencies receiving a grant under this subsection.
(5) Matching requirement
The Secretary shall not make a grant to a State educational agency under this subsection unless the State educational agency agrees that, with respect to the costs to be incurred by the eligible consortium in carrying out the activities for which the grant was awarded, the State educational agency will make available non-Federal contributions in an amount equal to not less than the Federal funds provided under the grant.
(d) State educational agency allocation
(1) In general
From amounts appropriated under section 6302(b)(3) of this title and not reserved under subsection (a), (b), or (c) of this section, the Secretary shall make grants to State educational agencies from allocations under paragraph (2).
(2) Allocations
Except as provided in paragraph (3), from the total amount available under paragraph (1) for allocation to State educational agencies in any fiscal year, each State educational agency shall be eligible to receive a grant under paragraph (1) in an amount that bears the same ratio to the total amount as the amount allocated under part A of this subchapter to that State educational agency bears to the total amount allocated under that part to all State educational agencies.
(3) Minimum
No State educational agency shall receive a grant under paragraph (1) in any fiscal year in an amount that is less than $250,000, or one-half of 1 percent of the amount appropriated under section 6302(b)(3) of this title and not reserved under subsections (a), (b), and (c) of this section for such year, whichever is greater.
(e) Definitions
For the purpose of this subpart—
(1) the term “eligible entity” means a partnership composed of—
(A) a local educational agency; and
(B) a nonprofit community-based organization, a public agency other than a local educational agency, an institution of higher education, or a public or private nonprofit organization other than a local educational agency, of demonstrated quality;
(2) the term “eligible organization” means any public or private nonprofit organization with a record of providing effective services to family literacy providers, such as the National Center for Family Literacy, Parents as Teachers, Inc., the Home Instruction Program for Preschool Youngsters, and the Home and School Institute, Inc.;
(3) the terms “Indian tribe” and “tribal organization” have the meanings given those terms in section 450b of title 25;
(4) the term “scientifically based reading research” has the meaning given that term in section 6368 of this title; and
(5) the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 89–10, title I, § 1232, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1556.)
heading: References in Text
text: The Adult Education and Family Literacy Act, referred to in subsec. (c)(1)(B), (2)(A)(iii), is title II of Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 1059, as amended, which is classified principally to subchapter I (§ 9201 et seq.) of chapter 73 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of this title and Tables.
The Head Start Act, referred to in subsec. (c)(1)(B), (2)(A)(ii), is subchapter B (§§ 635–657) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables.
The Social Security Act, referred to in subsec. (c)(1)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.