20 U.S.C. § 6434 (EDUCATION)
§ 6434. State plan and State agency applications
(a) State plan
(1) In general
Each State educational agency that desires to receive a grant under this subpart shall submit, for approval by the Secretary, a plan—
(A) for meeting the educational needs of neglected, delinquent, and at-risk children and youth;
(B) for assisting in the transition of children and youth from correctional facilities to locally operated programs; and
(C) that is integrated with other programs under this chapter or other Acts, as appropriate.
(2) Contents
Each such State plan shall—
(A) describe the program goals, objectives, and performance measures established by the State that will be used to assess the effectiveness of the program in improving the academic, vocational, and technical skills of children in the program;
(B) provide that, to the extent feasible, such children will have the same opportunities to achieve as such children would have if such children were in the schools of local educational agencies in the State; and
(C) contain an assurance that the State educational agency will—
(i) ensure that programs assisted under this subpart will be carried out in accordance with the State plan described in this subsection;
(ii) carry out the evaluation requirements of section 6471 of this title;
(iii) ensure that the State agencies receiving subgrants under this subpart comply with all applicable statutory and regulatory requirements; and
(iv) provide such other information as the Secretary may reasonably require.
(3) Duration of the plan
Each such State plan shall—
(A) remain in effect for the duration of the State’s participation under this part; and
(B) be periodically reviewed and revised by the State, as necessary, to reflect changes in the State’s strategies and programs under this part.
(b) Secretarial approval and peer review
(1) Secretarial approval
The Secretary shall approve each State plan that meets the requirements of this subpart.
(2) Peer review
The Secretary may review any State plan with the assistance and advice of individuals with relevant expertise.
(c) State agency applications
Any State agency that desires to receive funds to carry out a program under this subpart shall submit an application to the State educational agency that—
(1) describes the procedures to be used, consistent with the State plan under section 6311 of this title, to assess the educational needs of the children to be served under this subpart;
(2) provide an assurance that in making services available to children and youth in adult correctional institutions, priority will be given to such children and youth who are likely to complete incarceration within a 2-year period;
(3) describes the program, including a budget for the first year of the program, with annual updates to be provided to the State educational agency;
(4) describes how the program will meet the goals and objectives of the State plan;
(5) describes how the State agency will consult with experts and provide the necessary training for appropriate staff, to ensure that the planning and operation of institution-wide projects under section 6436 of this title are of high quality;
(6) describes how the State agency will carry out the evaluation requirements of section 7941 of this title and how the results of the most recent evaluation will be used to plan and improve the program;
(7) includes data showing that the State agency has maintained the fiscal effort required of a local educational agency, in accordance with section 7901 of this title;
(8) describes how the programs will be coordinated with other appropriate State and Federal programs, such as programs under title I of Public Law 105–220,1 vocational and technical education programs, State and local dropout prevention programs, and special education programs;
(9) describes how the State agency will encourage correctional facilities receiving funds under this subpart to coordinate with local educational agencies or alternative education programs attended by incarcerated children and youth prior to their incarceration to ensure that student assessments and appropriate academic records are shared jointly between the correctional facility and the local educational agency or alternative education program;
(10) describes how appropriate professional development will be provided to teachers and other staff;
(11) designates an individual in each affected correctional facility or institution for neglected or delinquent children and youth to be responsible for issues relating to the transition of children and youth from such facility or institution to locally operated programs;
(12) describes how the State agency will endeavor to coordinate with businesses for training and mentoring for participating children and youth;
(13) provides an assurance that the State agency will assist in locating alternative programs through which students can continue their education if the students are not returning to school after leaving the correctional facility or institution for neglected or delinquent children and youth;
(14) provides assurances that the State agency will work with parents to secure parents’ assistance in improving the educational achievement of their children and youth, and preventing their children’s and youth’s further involvement in delinquent activities;
(15) provides an assurance that the State agency will work with children and youth with disabilities in order to meet an existing individualized education program and an assurance that the agency will notify the child’s or youth’s local school if the child or youth—
(A) is identified as in need of special education services while the child or youth is in the correctional facility or institution for neglected or delinquent children and youth; and
(B) intends to return to the local school;
(16) provides an assurance that the State agency will work with children and youth who dropped out of school before entering the correctional facility or institution for neglected or delinquent children and youth to encourage the children and youth to reenter school once the term of the incarceration is completed or provide the child or youth with the skills necessary to gain employment, continue the education of the child or youth, or achieve a secondary school diploma or its recognized equivalent if the child or youth does not intend to return to school;
(17) provides an assurance that teachers and other qualified staff are trained to work with children and youth with disabilities and other students with special needs taking into consideration the unique needs of such students;
(18) describes any additional services to be provided to children and youth, such as career counseling, distance learning, and assistance in securing student loans and grants; and
(19) provides an assurance that the program under this subpart will be coordinated with any programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) or other comparable programs, if applicable.
(Pub. L. 89–10, title I, § 1414, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1582.)
heading: References in Text
text: Pub. L. 105–220, referred to in subsec. (c)(8), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, known as the Workforce Investment Act of 1998, which was repealed by Pub. L. 113–128, title V, § 511(a), July 22, 2014, 128 Stat. 1705, effective July 1, 2015. Title I of the Act was classified principally to former chapter 30 (former § 2801 et seq.) of Title 29, Labor. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classification of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (c)(19), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, as amended, which is classified principally to chapter 72 (§ 5601 et seq.) 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 5601 of Title 42 and Tables.
heading: Prior Provisions
text: A prior section 6434, Pub. L. 89–10, title I, § 1414, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3593; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(18)(B), (f)(13)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–422, 2681–431, related to State plan and State agency applications, prior to the general amendment of this subchapter by Pub. L. 107–110.